On this Wednesday evening, Acting Chairman Robert Miller called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Thomas Vos, Joel Jacobsen, John Ekes, Peter Girolamo, Kent Strong and John Thate. Mayor Lois was excused. Also present were: City Administrator David Torgler, Police Chief David Walsh, Department of Public Works – Streets and Parks Supervisor Larry Gobel, Department of Public Works Utility Manager Connie Wilson, Department of Public Works Utilities Supervisor Dick Pieters, Budget Officer Bridget Lois, Fire Chief Dick Lodle, Library Director Gayle Falk, City Engineer Tom Foht of Kapur and Associates, Inc; City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Citizens Comments – None.

Approval of Minutes – Alderman Ekes moved and Alderman Thate seconded to approve the minutes of March 20, 2007. All were in favor and the motion carried.

Resolution 4103(91) – Acting Chairman Miller and the Council gave consideration to a resolution regarding a claim for the recovery of taxes. 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 of $18,000 was 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. Mr. Munson also explained the assessment process and the Market Drive program.

Attorney Kircher wanted to clarify that even though the claimant requested an $18,000 reduction in their assessed value at the Board of Review, the only number that the Council must be concerned with is the $6,423 value of the screened in porch. He also noted that this amount is based solely on the 2006 tax values.

Mr. Stan Heilegenthal, 800 Crestwood Drive, City of Burlington questioned why the $6,423 amount is being used when the computer system showed the $11,800 for the porch value. Attorney Kircher stated that on the Market Valuation Detail paperwork dated January 1, 2006, the enclosed porch value is only $6,423.

Further discussion ensued regarding the validity of the claim as well as the actual amount that was recorded for the porch. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4096(84) – Acting Chairman Miller and the Council gave consideration to a resolution that was previously discussed at the March 20 C-O-W 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.

Alderman Ekes voiced his concerns regarding the excessive dollar amount necessary to provide services for this project. He also noted that in the future he would like to see these dollar amounts correlated in a percentage to each project. Tom Foht, City Engineer, stated that the hours that are estimated for this project were based on discussions with the contractors that work with this type of reservoir construction. He also noted that this reservoir is made up of new prestressed, precast panels which should reduce future issues with cracks and leakage.

Several aldermen questioned why so much engineering time was necessary for this project if this new method is more effective. Mr. Foht noted that this new method is better however, it is one that Kapur & Associates has not inspected before and they want to ensure adequate amount of inspection time for the project. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4101(89) – Acting Chairman Miller and the City Council gave consideration to a resolution 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. 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.

Questions were raised regarding whether the City would still post legal notices and City meeting notices as normal and what cost savings would there be by not publishing all of these notices in the paper. Attorney Kircher noted that the City would be allowed to continue to publish as they have been, or with this proposed bill, the City could choose which notices should be published in the paper for a cost and which could be posted to alternate areas. Administrator Torgler noted that there would most likely be a savings in the publication costs that the City incurs each year with the approval of this bill. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4095(83) – Acting Chairman Miller and the Council gave consideration to a resolution 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. This issue will move forward to the May 15, 2007 City Council meeting for consideration.

Resolution 4104(92) – Acting Chairman Miller and the City Council gave consideration to a resolution declaring official intent to reimburse expenditures from proceeds of borrowing. This resolution would allow the City 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 does 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. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Motion 07-537 – Acting Chairman Miller and the City Council gave consideration to a motion approving an airport hangar lease with Michael Waltz and Paul Krogh for a hanger located at 1400 Mike Taxiway. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Resolution 4102(90) – Acting Chairman Miller and the Council gave consideration to a resolution 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.

Alderman Girolamo questioned the height requirements of these types of towers and buildings in the City. Administrator Torgler explained that the buildings have various height requirements depending on what zoning district they are in. He also noted that cell tower heights are monitored by the FAA and this tower does meet those height requirements. This issue will move forward to the April 4, 2007 City Council meeting for consideration.

Other Matters – Alderman Ekes updated the Council regarding the noise complaints at the airport that were received from the last Council meeting. He explained that a repair facility located at the airport was creating the noise and they have been informed that it is not allowed. He also noted that a gentleman that was present at the last Airport Committee meeting was willing to present to the Council a short video regarding how to control noise around the airport.

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

Adjourned at 7:17 p.m.

Recording Secretary – Angela M. Hansen