On this Tuesday evening, Mayor Lois called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Robert Miller, Thomas Vos, Joel Jacobsen, Peter Girolamo, John Ekes, Kent Strong and John Thate. Also present were: Lieutenant Scot Eisenhauer, Department of Public Works – Streets and Parks Supervisor Larry Gobel, City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Citizens Comments – Mr. Blaine Schneider, 2900 Bieneman Road, Town of Burlington, and Mr. Stan Heiligenthal, 800 Crestwood, City of Burlington, voiced their concerns regarding the noise level of the jets at the airport. Alderman Ekes asked if anyone has any issues with the airport, please document the time and date and contact the airport to have it filed as a formal complaint.

Mayor Lois and the City Council presented a commendation to the City of Burlington Co-op Girls Gymnastics Team for their WIAA Division I Sectional Team Title and second place standing in the WIAA 2007 State Championship.

Approval of Minutes – Alderman Ekes moved and Alderman Vos seconded to approve the minutes of March 6, 2007. All were in favor and the motion carried.

Resolution 4086(74) – Mayor Lois and the City Council gave consideration to a resolution 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. At the last C-O-W meeting there was a request for a copy of the bid tab, which is presented tonight. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

Resolution 4089(77) – Mayor Lois and the Council gave consideration to a resolution approving a Certified Survey Map (CSM) for property located at 601 W. Chestnut Street. This CSM would approve a proposed 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.

Mr. David Brehm, 609 W. Chestnut Street, City of Burlington, voiced his concerns regarding the setbacks of this property and how far away they would be from Hwy 11. Mayor Lois confirmed that the property owner would have to comply with all of the City Codes regarding setbacks.

Mr. Ron Benstead, 841 Teutonia, City of Burlington, asked if he could view the CSM to get a better idea of what the property would look like once the lots were divided.

This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Ordinance 1826(30) – Mayor Lois and the City Council gave consideration to an ordinance 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. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4098(86) – Mayor Lois and the City Council gave consideration to a resolution approving a lease amendment of the Chocolate City Festivals, Inc. lease. This amendment to the lease agreement between the City and ChocolateFest would allow for public road access across the festival grounds to the traffic signal located at the intersection of Milwaukee Avenue and Grove Street. 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 (entered into on February 9, 1999 between the City and Chocolate City Festivals, Inc.) 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 issue will move forward to the March 20, 2007 City Council meeting for consideration.

Resolution 4099(87) – Mayor Lois and the City Council gave consideration to a resolution approving a public ingress and egress easement extending from the ChocolateFest grounds to Maryland Avenue. This resolution 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 issue will move forward to the March 20, 2007 City Council meeting for consideration.

Discussion of claim for Unlawful Taxes – Mayor Lois and the City Council discussed the claim for Unlawful Taxes from Richard and Dianna Nienhaus. 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.

Mr. Richard Nienhaus, 748 Crestwood Drive, City of Burlington explained the background into his claim for unlawful taxes. Mr. Keith Munson, National Appraisal, explained the valuation process to the Council and reiterated that the porch was never calculated in the square footage of the home or the assessment. City Attorney, Tom Kircher further explained that the total assessment for Mr. Nienhaus’ home is based on not only square footage of the home but also the surrounding area sales and values.

Mr. Stan Heiligenthal, 800 Crestwood Drive, City of Burlington, commented on how unreasonable he feels that the assessment process is especially looking at the properties in his neighborhood.

After further discussion, it was determined that this issue would be brought back before the Committee of the Whole and City Council April 4, 2007 for further consideration.

Resolution 4090(78) – Mayor Lois and the City Council gave consideration to a resolution rejecting the 2007 Street and Sidewalk Improvement Program consideration of bids. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

Resolution 4091(79) – Mayor Lois and the City Council gave consideration to a resolution authorizing sidewalk reconstruction on Lewis Street, Crest Street and at various locations where complaints were received and levying Special Assessments against the benefited properties. This resolution will be 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. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

Resolution 4092(80) – Mayor Lois and the City Council gave consideration to a resolution authorizing sidewalk reconstruction on Randolph Street and levying Special Assessments against the benefited properties. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

Resolution 4093(81) – Mayor Lois and the City Council gave consideration to a resolution authorizing new sidewalk construction on Origen Street and N. Pine Street and levying Special Assessments against the benefited properties. Mayor Lois requested that this resolution be tabled until the land transfer is final.

Resolution 4097(85) – Mayor Lois and the City Council gave consideration to a resolution ) approving Task Order 56 with Kapur and Associates, Inc. for the 2007 Street and Sidewalk Improvement Program for the Not-to-exceed amount of $119,259.00. Alderman Girolamo voiced his concern regarding whether the City would be committed to the dollar amount of the task order if the one of the streets would not be done this year. Department of Public Works – Streets and Parks Supervisor Larry Gobel stated that if any of the streets are not approved for construction the cost for that particular street would be removed from the task order. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4084(72) – Mayor Lois and the Council gave consideration to a resolution approving Amendment Number One to Task Order Number One with Applied Technologies, Inc. for Phase 1 Design for the Burlington Water Pollution Control Facility for the not-to-exceed amount of $36,200.00. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

Discussion of lighted fountain in Echo Lake – Mayor Lois and the Council discussed a conceptual proposal from the Burlington Chamber of Commerce to install a lighted fountain within Echo Park. The Burlington Area Chamber of Commerce is proposing 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.

Mr. Mike Hohner, Chamber of Commerce Representative, was present at the meeting to answer any questions that the Council had. Mayor Lois questioned if the Chamber expected to raise all of the money to purchase the fountain. Mr. Hohner confirmed that the Chamber was confident that they could raise the remainder of the money. Alderman Miller questioned how the filter mechanism would be maintained. Alderman Ekes stated that he recommended to the Chamber a "trash pump" which would avoid continuous maintenance of the filter. Department of Public Works – Streets and Parks Supervisor Larry Gobel questioned if the DNR had been notified of this fountain. Mr. Hohner stated that they had not been informed yet because the Chamber wanted to get the Council’s feedback first.

After further discussion, it was determined that this issue would be brought back to a future Committee of the Whole meeting for consideration.

Resolution 4096(84) – Mayor Lois and the City Council gave consideration to a resolution approving Task Order 54 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. Alderman Ekes questioned why the task order dollar amount is not matching the resolution dollar amount. Mayor Lois stated that this error would be corrected and brought back to the Committee of the Whole on April 4, 2007. Alderman Girolamo questioned why the City does not bid these projects out instead of giving them to Kapur. Mayor Lois stated that on an annual / biannual basis the City does compare Kapur’s rate to that of other engineering firms to ensure that the City is receiving the best price available for services. After further discussion, this issue will come back to the Committee of the Whole on April 4, 2007 with dollar amount corrections.

Resolution 4088(76) – Mayor Lois and the City Council gave consideration to a resolution certifying the update Official Map as provided in Municipal Code s. 60-8. 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. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4094(82) – Mayor Lois and the Council gave consideration to a resolution to dispose of surplus City property through a City sale. 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. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4100(88) – Mayor Lois and the Council gave consideration to a resolution approving an Initial Resolution regarding Industrial Development Revenue Bond financing for Hi-Liter Graphics LLC. The request from Hi-Liter Graphics is asking 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. This issue will move forward to the March 20, 2007 City Council meeting for consideration.

2006 Health Department Report – Mayor Lois and the City Council gave consideration to the 2006 Annual Report from the Western Racine County Health Department. Ms. Cheryl Mazmanian, Health Nurse – Western Racine Health Department, was present at the meeting to discuss the report. Mayor Lois noted that the report was available at City Hall for public viewing.

Other Matters – Mayor Lois informed the Council that on April 2, 2007 at 7:00 p.m. at the Burlington High School Library the State Legislatures will be meeting to discuss the State Budget and its impact on the City.

Adjourn – Alderman Vos moved and Alderman Thate seconded to adjourn. All were in favor and the motion carried.

Adjourned at 7:44 p.m.

Recording Secretary – Angela M. Hansen