4. Topic: Resolution 4103(91) regarding a claim for the recovery of taxes.

Presenter: Tom Kircher

Purpose: 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 and presented their claim to the City Council on March 20^th. 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 Common Council, at the same meeting, heard City Assessor Keith Munson’s arguments that the screened porch’s inclusion on the data sheet for the property was a clerical error, that the screened porch was not included in the valuation of the property, and his explanation of the assessment process and the Market Drive program. This resolution, as prepared by Attorney Marcy Hasenstab, is formatted to allow the Council to approve or disapprove the claim. Previously presented to the Council, this Resolution is included on tonight’s Council agenda for action.

5. Topic: Resolution 4096(84) approving task order fifty four with Kapur & Associates, Inc. for construction management oversight of Well 11’s 500,000 gallon water reservoir construction and the Well 11 site work and pump house construction, for the not-to-exceed amount of $79,612.

Presenter: Connie Wilson

Purpose: This item, also discussed at the March 20^th C-O-W, is to consider entering into a contract with Kapur and Associates, Inc. for the provision of construction management services for the construction of a pre-stressed, pre-cast concrete 500,000 gallon water reservoir for Well Number 11, and for the Well 11 site work and pump house construction. Kapur and Associates, Inc. have prepared a task order to provide this construction management oversight, for the not-to-exceed amount of $79,612.00 and have been recommended for approval by the DPW – Utilities Manager. Funding for these services is included in the 2007 water fund budget. . Due to this item being previously introduced and discussed, and that no action on this item will come before a regular meeting on the Council for another month, it is placed on tonight’s Council agenda for consideration.

6. Topic: Resolution 4101(89) to support Assembly Bill 170 allowing municipalities the option to publish required legal notices in an Official Newspaper or post them on the municipalities official internet website.

Presenter: David Torgler

Purpose: Currently, Wisconsin State Statute 985.02(1) requires that all municipalities, including county, city, village, town and school district to publish all legal notices in an official newspaper. Assembly Bill 170 proposes to eliminate the requirement to publish in an official newspaper and would give the City the option of posting legal notices on our City website or in the Standard Press (our "Official" newspaper. The passing of Assembly Bill 170 could ultimately save the City a tremendous amount of money that would otherwise be spent on publishing fees to the newspaper. Due to the timeliness of responding to this legislative action, this resolution has been placed on tonight’s Council agenda for action.

7. Topic: Resolution 4095(83) to vacate a small portion of the Buckley Street – Lynch Way intersection, with reversion of title to such land to the abutting property owners; and to amend the Official Map of City of Burlington to show the same.

Presenter: David Torgler

Purpose: The Buckley Street - Lynch Way intersection lying southeast of STH 36/83 was originally laid out to accommodate a public roadway running to the southeast, and the City Council has recently approved a private roadway to serve the land, as part of the Aldi’s PUD, and therefore does not require all of the land dedicated for public roadway. Pursuant to this prior approval by the Plan Commission and City Council it is now necessary to formally pursue the lawful process for a street vacation. The statute requires that there be a 40 day gap between the introduction of the resolution and the public hearing on the street vacation; so, the process from this introduction forward will be for the issue to be reviewed by the Plan Commission at their April 10^th meeting, to re-number the resolution following the annual organizational meeting of the Common Council, to hold the public hearing at the May 15^th Council meeting and consider passage of the resolution at this same meeting.

8. Topic: Resolution 4104(92) declaring official intent to reimburse expenditures from proceeds of borrowing.

Presenter: David Torgler

Purpose: To consider a recommendation to declare intent to reimburse the General Fund for expenses incurred for the 2007 Street and Sidewalk Improvement Program prior to issuance of a bond to cover such expenses. Adoption of this official declaration is required if the City Council wants to fund any expenses incurred for design engineering, inspection services, and/or construction of the capital improvements associated with the planned 2007 Street and Sidewalk Improvement Program prior to the issuance of any bonds for this work. The passage of this resolution indicates that bonds will be considered for this work, but do not obligate the Council to issue any bonds; it simply preserves the ability to reimburse the General Fund for these expenses if the Council determines that it is in the City’s best interest to issue bonds for this work. Inasmuch as the Public Works Committee will open bids for this construction work on April 12^th, engineering task orders have been presented to the C-O-W, and there was prior discussion on this matter at a C-O-W meeting, it is appropriate that action on this Resolution be considered prior to costs being incurred; therefore this Resolution is included on tonight’s Council agenda for consideration.

9. Topic: Motion 07-537 approving an airport hangar lease or the hangar located at 1400 Mike Taxiway.

Presenter: John Ekes

Purpose: Consideration of a recommendation from the Airport Committee to approve a hangar lease with Michael Waltz and Paul Krogh for a hangar located at 1400 Mike Taxiway. Per the Council’s direction this item is placed on tonight’s Council agenda for consideration.

10. Topic: Resolution 4102(90) approving a lease agreement between the City and United States Cellular Corporation, LLC for placement of certain telecommunications equipment on City owned facilities located at 824 Milwaukee Avenue.

Presenter: David Walsh

Purpose: The Plan Commission has approved a site plan for U.S. Cellular to construct a mono-pole antenna at 824 Milwaukee Avenue, behind the Public Works building, subject to approval by the FAA of the antennas height. This approval by the FAA has been obtained. The lease is similar to the Verizon antenna lease and provides that U.S. Cellular will pay a one-time start up fee to the City of $10,000.00 and $1,500.00 per month thereafter for one year. After one year a 4.0% increase will be applied to the $1,500.00 monthly rent. Any other subtenants on the U.S. Cellular tower will pay the City $350.00 per month. The term of this Agreement is for five (5) years with four (4) successive renewal periods of five (5) years, for a total of up to twenty five (25) years. These revenues will provide a positive cash flow for the City’s General Fund. The City Attorney has reviewed and approved the Agreement. Due to the next Council meeting being the yearly Organizational Council meeting, this item is being placed on tonight’s Council meeting for consideration.