4. Topic: Resolution 4086(74) approving the purchase of five new laptop computers and cradles for the City of Burlington Police Department for the combined total amount of $19,994.05.

Presenter: Dave Walsh

5. Topic: Resolution 4089(77) approving a Certified Survey Map for property located at 601 W. Chestnut Street.

Presenter: David Torgler

Purpose: To consider a recommendation from the Plan Commission to approve a proposed subdivision of the existing lot into two lots subject to 1) a restriction being placed on Lot 2 that no building permits may be issued for construction on Lot 2 until the barn located primarily on proposed Lot 1 is removed in it’s entirety; and, 2) that since this is one lot being subdivided into two lots that the requirements of Section 278-11 of the City Subdivision of Land Ordinance, requiring existing and proposed contours need to be indicated on a CSM, be waived.

6. Topic: Ordinance 1826(30) amending the Official zoning Map by rezoning 601 W. Chestnut Street from Rs-1, Single-Family Residential District to Rs-2, Single-Family Residential District.

Presenter: David Torgler

Purpose: To consider a recommendation from the Plan Commission to approve a rezoning of property located at 601 W. Chestnut from Rs-1, Single-Family Residential District to Rs-2, Single-Family Residential District. The property owner(s) intends to divide the property into two single-family parcels, however a rezone is required to stay consistent with City of Burlington lot width requirements. The owner would like to rezone to Rs-2 to allow a lot width at setback of 70 feet as opposed to the 80 foot requirement of Rs-1 Zoning. This rezoning is consistent with other properties in the neighborhood.

7. Topic: Resolution 4098(86) approving a lease amendment of the Chocolate City Festivals, Inc. lease.

Presenter: Tom Kircher

Purpose: To consider an amendment to the lease agreement between the City and ChocolateFest that will allow for public road access across the festival grounds to the traffic signal located at the intersection of Milwaukee Avenue and Grove Street. The City and Chocolate City Festivals, Inc. entered into a lease agreement for the ChocolateFest grounds on February 9, 1999. In response to the Maryland Avenue neighborhood’s complaints about left turn accessibility to Milwaukee Avenue following the elimination of the stop light that was located at the intersection of Congress Avenue and Milwaukee Avenue, the City now wishes to construct a public road over a portion of the grounds. In order to fulfill this, the original lease needs to be amended, providing for this public road across privately leased property with the City agreeing to close the road during the annual ChocolateFest, including during the festival’s set-up and takedown time. The City Attorney has prepared the lease agreement in coordination with ChocolateFest officials. This item has previously been discussed and agreed to in concept by the Council. It is placed on tonight’s Council agenda for consideration.

8. Topic: Resolution 4099(87) approving a public ingress and egress easement extending from the ChocolateFest grounds to Maryland Avenue.

Presenter: Tom Kircher

Purpose: If the Committee has given preliminary consideration to approve Resolution 4098(86) then consideration of this Resolution should be given as this formally provides for a public ingress and egress easement across the ChocolateFest grounds for local motorists, including but not limited to residents of the Maryland Avenue and Congress Street neighborhood and allows for proper traffic enforcement. This item has previously been discussed and agreed to in concept by the Council. It is placed on tonight’s Council agenda for consideration.

9. Topic: Discussion of a claim for Unlawful Taxes from Richard and Dianna Nienhaus.

Presenter: Tom Kircher

Purpose: Keith Munson, Assessor from National Appraisal Corporation, will be in attendance at tonight’s meeting to address any questions. Richard and Dianna Nienhaus have filed a Claim for Unlawful Taxes for their property located at 748 Crestwood Drive pursuant to Wis. Stat. s. 74.35.　 They claim that their assessment included real property improvements (i.e., a detached screen porch) that was torn down more than ten years ago, and that their assessment was $18,000 too high because of the inclusion of this improvement. The resulting refund, if the claim is allowed, would be $341.46. This Section of the Statutes is independent of the Board of Review procedure, and provides for the recovery of unlawful taxes upon the filing of a claim with the Common Council. An unlawful tax is　a general property tax with respect to which one or more errors specified in Wis. Stat. s. 74.33(1)(a) to (f) were made. Wis. Stat. s. 74.33(1)(b) provides that a refund may be made when "the assessment included real property improvements which did not exist" on the date of the assessment. If a non-existent improvement was included in the assessment, the tax on that improvement is an unlawful tax.

The Council must decide whether or not the assessment included the non-existent improvement resulting in an unlawful tax. If the Council decides that the assessment resulted in an unlawful tax, it must then decide whether the claim for recovery of the unlawful tax has complied with all legal requirements, that is, that the statute requirements that the claim 1) be in writing; (2) state the alleged circumstances giving rise to the claim, including the basis for the claim as specified in s. 74.33 (1) (a) to (e); (3) state as accurately as possible the amount of the claim; (4) be signed by the claimant or his or her agent; (5) be served on the clerk of the taxation district in the manner prescribed in s. 801.11 (4); (6) be filed by January 31; and (7) that the tax (or installment) was paid by the due date. If all of these requirements were met, then the Council must allow the claim pursuant to Wis. Stat. s. 74.35(3)(c).　 If the claim is allowed, the Council must determine the amount of the refund.

If the Council disallows the claim, the Nienhaus' may appeal the Council's decision to the Circuit Court within 90 days of the date they receive a certified or registered letter giving them notice that the claim was disallowed. The City Clerk should provide this notice.

If the Council allows the claim, the statute provides that the City pay 0.8% interest per month from the date of the claim. Because the Nienhaus' paid only the first installment of the total tax due, one half of the amount to be refunded would be an actual refund, and the other half would be rescinded from the　balance due. Interest would be calculated on the actual refund. The City may include the refund/ rescission on the form it is filing pursuant to Wis. Stat. s. 74.41.　　

10. Topic: Resolution 4090(78) 2007 Street and Sidewalk Improvement Program consideration of bids

Presenter: Larry Gobel

Purpose: The Public Works Committee opened bids for the 2007 Street and Sidewalk Improvement Program on Thursday, March 15th. Pursuant to a review of the submitted bids by the City Engineer, DPW Streets and Parks Supervisor, and Utility Manager, it is recommended that the base bid be awarded to the lowest, most responsive bidder. The 2007 program includes extensive utility replacement, per our facility plan, and in coordination with the Street maintenance schedule, so this bid does include street, sidewalk water, sanitary sewer and storm sewer improvement work. In accordance with direction from the Council this Public Works bid is placed on tonight's Council agenda for consideration.

11. Topic: Resolution 4091(79) authorizing sidewalk reconstruction on Lewis Street, Crest Street and at various locations where complaints were received and levying Special Assessments against the benefited properties.

Presenter: Larry Gobel

Purpose: Consideration to approve the final step in the special assessment process for sidewalk reconstruction and/or replacement on Lewis Street, Crest Street and various locations where complaints have been received. Consistent with past practices of the City the proposed assessments may be paid in cash or in three annual installments with an interest rate which is ½ percent over the borrowing rate experienced by the City at or about the time of the letting for this work. The rate will be 5.0% and is stated in the final resolution and the City Clerk will mail a copy of the resolution to each property owner as well as publish an Installment Notice when the contract is let. There will be a public hearing and action item on tonight’s Council agenda for consideration. Per the Council’s direction this item is placed on tonight’s Council agenda for consideration.

12. Topic: Resolution 4092(80) authorizing sidewalk reconstruction on Randolph Street and levying Special Assessments against the benefited properties.

Presenter: Larry Gobel

Purpose: If the Council has approved acceptance of the 2007 Street and Sidewalk Program, Alternate bid for work on Randolph Street, then positive consideration should be given to this special assessment resolution for sidewalk work in a manner consistent with the special assessment that was considered in the previous item, i.e. Resolution 4091(79). If the Alternate bid is to be rejected then this Resolution providing for a special assessment should also be rejected. Per the Council’s direction this item is placed on tonight’s Council agenda for consideration.

Presenter: Larry Gobel

Purpose: Consideration to approve the final step in the special assessment process for new sidewalk construction on Origen Street and N. Pine Street. With past practices of the City the proposed assessments may be paid in cash or in five annual installments with an interest rate which is ½ percent over the borrowing rate experienced by the City at or about the time of the letting for this work. The rate will be 5% and is stated in the final resolution and the City Clerk will mail a copy of the resolution to each property owner as well as publish an Installment Notice when the contract is let. A public hearing regarding this matter is planned for tonight’s City Council meeting. The Council should consider approval of this Resolution subject to completion of the sale of land to Ms. Cass Hoffman. Per the Council’s direction this item is placed on tonight’s Council agenda for consideration.

Presenter: Larry Gobel

Purpose: To consider a recommendation from the DPW Streets and Parks Supervisor and the DPW Utilities Manager to approve a field engineering agreement with Kapur & Associates, Inc. for the 2007 Street and Sidewalk Improvement Program that includes street and sidewalk maintenance as well as extensive underground utility work. Funding for this service is provided in both the General Fund and Enterprise Funds.

Presenter: Connie Wilson

Purpose: To consider a recommendation by staff to approve additional design engineering work that has been identified during the initial design engineering work. Task Order Number One for Phase 1 Design Engineering with Applied Technologies, Inc. was approved by the Council on February 21, 2006. During the design engineering work certain plant modifications and additions have been identified that are needed to be made as part of the Phase 1 improvements, including repairing the digester covers, various improvements to the HVAC systems and extending standby power to the First Stage Building. Amendment Number One addresses these needs. Funding for Amendment One is included in the Wastewater budget under "Outside Engineering Services". At the last C-O-W meeting there was a request for a more in depth backup material, which is presented tonight. Inasmuch as this item has been previously discussed with Council members, it is placed on tonight’s Council agenda for consideration.

Presenter: Mike Hohner

Purpose: To consider a proposal from the Burlington Area Chamber of Commerce to purchase and install a lighted fountain in Echo Lake approximately 200 feet from shore (near where the Kiwanis car is located on the ice). The Chamber has collected a donation of $1,500.00 thus far towards the anticipated $3,500.00 purchase price and are hopeful the City Council would provide the remainder of funds to purchase the equipment, as well as to provide for the initial and annual installation of the fountain and installing electrical service. The Chamber would ultimately like to raise the entire purchase price of $3,500.00 from donations for this visual enhancement to Echo Lake. The fountain would run from 7 a.m. through 11 p.m., May through October/mid-November, with lighting from dusk until 11 p.m. The cost of running the fountain would run approximately $1.50 per day, or approximately $270 annually, charged to the City. This requires direction only at this time.

Presenter: Connie Wilson

Presenter: Tom Kircher

Purpose: To consider a recommendation from the Plan Commission to update the City’s Official Map pursuant to the City Code. This annual housekeeping item will adopt a new map illustrating all of the map amendments that have occurred since the now current Official Map was updated approximately one year ago.

Presenter: Dave Walsh

Purpose: To consider the disposal of surplus City property. Every two years the City holds an auction to dispose of property determined to be surplus, such as out dated computers and old furniture, as well as unclaimed property turned into the Police Department during the past two years, such as bicycles. As in the past these items will be auctioned off to the highest bidder at a public auction to be held at the Police Department garage, on Saturday, April 21^st with viewing of items beginning at 9:00 a.m. and the auction starting at 10:00 a.m.

Presenter: Tom Kircher

Purpose: To consider a request from Hi-Liter Graphics for City support of their application for funding from the State’s industrial development revenue bond pool. This is the first step in the financing process and the City’s support is necessary for the Hi-Liter to be successful in their application. Hi-Liter is proposing to acquire and install new equipment to improve their competitiveness in their industry and thereby retain jobs at their Burlington facility. The approximate $6.3 million in Industrial Revenue Bond’s shall never constitute an indebtedness of the City and any incurred City costs will be paid by the Hi-Liter. The City has approved similar Resolutions in the past for local businesses and as always there are tight time constraints for us to help these local businesses in their requests to gain access for these low interest loans. This is an "initial" resolution. If financing does proceed then a follow-up resolution will be brought to the Council. Hi-Liter officials have been working with Carolyn Engel, RCEDC, on this application and the City Attorney has reviewed the documents as prepared by Hi-Liter’s Bond Counsel, Whyte Hirschboeck Dudek S.C. Due to financial deadlines Hi-Liter has requested that this item be placed on tonight’s Council agenda for consideration.

Purpose: To present to the Council the annual health department report. Copies of the report are available for viewing at the City Hall and Library.