City of Oak Creek

Common Council Report

 

Meeting Date:  May 17, 2005

 

Item No.:         11

 

Recommendation:  That the Common Council adopt the revised Resolution No. 10513-050305, a final resolution authorizing road reconstruction, approving preliminary plans, and levying special assessments against benefited properties in Southbranch Industrial Park (Project No. 04003) (6th Aldermanic District).

 

BackgroundA public hearing was held May 3, 2005.  Based on the input received, a technical correction was made to the resolution and the payment period was extended to 20 years.  Attached is the Council report supporting the paving accomplished on S. 20th Street in 2004.  Also, no information has been produced at this time to verify the claim that an underground stream is present on the Karen McDonald property at 1990 W. Ridgeview Drive.

 

Alderman Steve Jonas requested that the assessment be looked at with the City paying for the pulverization of the asphalt and the asphalt pavement.  Please see the attached Special Assessment.

 

The portion of S. 20th Street that was resurfaced last year and paid for under 2004 Unspecified Streets was approved in the attached March 16, 2004 Common Council Report.

 

The project is needed to repair the failing asphalt pavement in the Industrial Park. 

 

Each affected property owner had been sent a letter introducing the project and was invited to attend two public information meetings.  The first meeting was to explain the project alternatives and the second to discuss special assessments.

 

An Engineering Report was prepared and placed in the City Clerk’s Office on April 7, 2005.

 

In keeping with standard practice, general front footage assessment was considered.  However, because significant use comes from parcels not fronting on the subject roadways, the Engineering Department also factored in assessment on a per lot basis.  After much consideration of several variations of front footage/per lot, it is our recommendation for a 50/50 assessment blend of the two practices, with 50% per front footage and 50% of the per lot assessment. 

 

Potential subjects for consideration include:

 

1)                  Assessment for the actual cost of the project versus assessment for the actual cost with a not-to-exceed amount (Engineer’s Report)

 

2)                  7% interest on assessment that is paid in equal annual installments on the property tax bill.

 

3)                  Establish uniform duration of payback for all lots, or allow them to vary from 5, 10 or 20 years per the existing code.

 

4)                  Payments by the City for certain work items.

 

 

Fiscal Impact:  The City of Oak Creek will initially fund the entire cost of the project, and shall be reimbursed as special assessments are received.  The estimated cost of the project is $1,400,000.

 

If the Council decides to pick up the asphalting costs, special assessment reimbursements will be reduced by $313,749.00.

 

Prepared by:

 

 

 

Brian L. Johnston, P.E.

Civil Engineer

Respectfully submitted,

 

 

 

Barbara S. Blumenfield, Ph.D.

City Administrator

 

Approved by:

 

 

 

Wayne St. John, P.E.

City Engineer

 

 

Fiscal review by:

 

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S:\COUNCIL AGENDAS 2005\0517\04003 Southbranch Amended Final Assessment.doc

 

 

 

 

 

 

 

 

 

 

 

**REVISED**

RESOLUTION NO. 10513-050305

 

BY:  _______________________________________

 

FINAL RESOLUTION AUTHORIZING ROAD RECONSTRUCTION,

 APPROVING PRELIMINARY PLANS, AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES IN SOUTHBRANCH INDUSTRIAL PARK

 

(PROJECT NO. 04003)

 

(6TH ALDERMANIC DISTRICT)

 

WHEREAS, the Common Council of the City of Oak Creek, held a public hearing at the City Hall at 7:00 p.m. on May 3, 2005 for the purpose of hearing all interested persons concerning Final Resolution No. 10513-050305, and the report of the City Engineer on the proposed improvements and reconstruction of the roadways and on benefits conferred upon properties in the following location:

 

PULVERIZE ASPHALT PAVEMENT, CONCRETE CURB & GUTTER, ASPHALT PAVEMENT, STORM SEWER, AND STREET LIGHTING

 

All property fronting on or using the following streets for access to their property or having the potential to use the following streets for access to their property:

 

W. Southbranch Blvd.

S. 20th St.

W. Ridgeview Dr.

S. Ridgeview Dr.

From:  S. 27th St.

From:  Cul-De-Sac

From:  S. 20th St.

From: W. Ridgeview Dr.

To:  S. 20th St.

To:  W. Ridgeview Dr.

To:  S. Ridgeview Dr.

To:  Cul-De-Sac

 

WHEREAS, the City proposed to install said improvements and the owners abutting said improvements will benefit from the installation of same; and

 

WHEREAS, the City Engineer has prepared preliminary plans for said improvements; and

 

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oak Creek as follows:

 

1.                  That the aforementioned improvements be installed.

 

2.                  That the report of the City Engineer pertaining to construction of the above-described public improvements is hereby adopted and approved.

 

3.                  That the above-described public improvements constitute an exercise of the City’s Police power benefit the properties being assessed and are hereby confirmed.

 

4.                  That each benefiting property owner shall be assessed for the improvements in the manner set forth in Section 3.20 of the Municipal Code of the City of Oak Creek.

 

5.                  The methodology to develop the Schedule of Assessments shown on the report has been determined on a reasonable basis, and is hereby confirmed.  This shall be used to calculate the final assessment based on actual costs.

6.                  A.   That the assessments may be paid in cash or 20 annual installments in accordance with Section 3.210 of the Municipal Code of the City of Oak Creek; if paid in installments, the same shall bear interest at the rate of 7% per annum on the unpaid balance.

 

B.     For those properties which are vacant that are two and one-half (2 ˝) acres or more in area, or have three hundred thirty (330) feet of more of assessed frontage, payment shall be made within twenty (20) years of the date of the levy in equal annual installments on the property tax bill with interest at the rate of 7% per annum on the unpaid balance.

 

7.                  That the said preliminary plans and specifications are hereby approved.

 

8.                  That the City Clerk is hereby authorized to advertise for bids for the above-mentioned improvements and that she shall advertise for such bids in the official newspapers.

 

9.                  That the City Clerk is hereby directed to publish this resolution as a Class I Notice in the assessment district.

 

10.              The City Clerk is further directed to mail a copy of this resolution and upon completion of the improvement, a statement of the final assessment against his property to every property owner whose name appears on the assessment roll whose post office address is known or can, with reasonable diligence, be ascertained.

 

Introduced at a regular meeting of the Common Council of the City of Oak Creek held on this 17th day of May, 2005.   

 

Passed and adopted this 17th day of May, 2005.

 

 

___________________________________

President, Common Council

 

 

 

___________________________________

Mayor

ATTEST:

 

 

________________________________                    VOTE:  Ayes _____ Noes _____

City Clerk

 

 

 

 

 

 

 

 

S:\COUNCIL AGENDAS 2005\0517\04003 Southbranch Amended Final Assessment.doc