City of Oak Creek

Common Council Report

 

Meeting Date: January 9, 2007

 

Item No.:       

 

Recommendation:  That the Common Council consider Resolution No. 10722-010307, which would approve a development agreement with Walter J. Yakich Revocable Trust (Developer) for the installation of public improvements of water main, sanitary sewer, storm sewer, street lighting, street trees, public road and storm water management facilities at 9940 S. Ridgeview Drive (Tax Key No. 926-9997-002)   (6th Aldermanic District).

 

Background:  Seville Flexpack Corporation is proposing to install a 63,000 square foot building at 9940 S. Ridgeview Drive.  The development will include one building and related parking and grounds area.  For this to occur, the Developer must construct City and Milwaukee Metropolitan Sewerage District (MMSD) approved storm water management facilities.  They must also construct a public sanitary sewer, storm sewer, water main, public road, street lighting, and street trees. This agreement will provide the City with the authority to direct and control the design and construction of the required storm water management facilities and the public improvements to ensure they meet City codes and specifications.

 

The Plan Commission conditionally approved the site plan and CSM on November 14, 2006.   Assistant Fire Chief George Krudop requested at the meeting that the Developer provide an emergency access road from S. 20th Street.  Michael Byrne, Briohn Building, was at the meeting on Mr. Yakich’s behalf.  The matter of the road being constructed and public improvements being in place prior to occupancy were explained to Mr. Byrne at the meeting.

 

Typically, all public improvements are required to be in place prior to the issuance of a building permit.  Mr. Yakich has equipment being constructed in Italy to be delivered in April for this new building.  Therefore, Mr. Yakich is requesting that the building permits are allowed to be obtained prior to the public improvements.  The City is requesting that a letter of credit be obtained from Mr. Yakich for collateral on the construction of the utilities and road.

 

This development agreement was discussed at length by the Council at their last meeting.  At that time, there were objections raised by Mr. Yakich concerning the terms of the development agreement.  Based on the discussion that took place at that meeting, Mr. Yakich has signed the development agreement before you this evening.

 

Seville Flexpack will be required to obtain MMSD approval on the storm water management plan, Council approval of the Storm Water Maintenance Agreement, approved developer’s agreement, approved building plans, approved building permits, and a preconstruction meeting prior to beginning any construction on site.

 

Fiscal Impact:  None. Developer pays for all design and installation costs. 

 

Prepared by:

 

 

Brian L. Johnston, P.E.

Civil Engineer

 

Respectfully submitted,

 

 

Patrick A. DeGrave

City Administrator

 

Approved by:

 

 

Douglas W. Seymour

Director of Community Development

 

 

Fiscal review by:

 

 

Beverly A. Buretta, CMC

City Clerk

 

 

S:\COUNCIL AGENDAS 2007\0116\10722 (report) Seville Flexpack Agreement (old business).doc

RESOLUTION NO. 10722-010307

 

BY:  ________________________________

 

RESOLUTION APPROVING THE

DEVELOPMENT AGREEMENT WITH

WALTER J. YAKICH REVOCABLE TRUST

 

(6TH ALDERMANIC DISTRICT)

 

            BE IT RESOLVED that Chapter 14 of the Municipal Code requires that a development agreement be entered into first prior to the required public improvements being installed.

 

            BE IT FURTHER RESOLVED that the Development Agreement attached hereto and incorporated herein by reference, by and between Walter J. Yakich Revocable Trust, as party of the first part, and the CITY OF OAK CREEK, as party of the second party, be and the same is hereby approved.

 

            Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 3rd day of January, 2007.

 

            Adopted this ____ day of January, 2007.

 

 

                                                                                    _____________________________

                                                                                    President, Common Council

 

            Approved this _____ day of January, 2007.

 

 

                                                                                    _____________________________

                                                                                    Mayor

 

ATTEST:

 

 

_________________________________                  VOTE: Ayes:  ______ Noes: ______

City Clerk

 

S:\COUNCIL AGENDAS 2007\0116\10722 (report) Seville Flexpack Agreement (old business).doc