City of Oak Creek

Common Council Report

Meeting Date: 5/6/08

Item No.:

Recommendation: That the Common Council take one of the following actions:

a. Deny the request of Oelschlaeger-Dallmann American Legion Post 434 to “absorb” the storm water fee on their 2007 tax bill in the amount of $1,650.00 OR

b. Agree to refund (absorb) the storm water fee paid in 2007 for the year 2008 in the amount of $1,650.00 with their 2008 tax bill (for the year 2009), and to require all future requests to be submitted in writing no later than December 31.

Background: Legion Post 434, as a nonprofit group, has requested a waiver of their storm water fees in the amount of $1,650.00. State law does not permit the City to waive storm water fees on specific properties; however, by Council action, the fees may be “absorbed” by the City. Because the storm water fees are part of the levy, any “refund” would have to be absorbed by a transfer of funds from the Storm Water Fund to Tax Collections.

The Legion has already paid the storm water fees on their 2007 tax bill which are prepaid for the year 2008. Because the fee has been paid, the Council has two choices: 1) deny their request; or 2) agree to absorb (refund) the storm water fee paid in 2007 for the year 2008.

The Legion, however, is not a taxing body, so although they perform public service to the community, etc., this would set a precedent for any “non-taxing” body to make the same request.

The City has agreed to absorb the Oak Creek portion of the storm water utility fee for the Oak Creek-Franklin School District, only because the fee comes from the same taxpayers. They submit a written request on an annual basis.

Fiscal Impact: If the Council agrees to absorb (refund) the storm water fee that was paid on the 2007 tax bill, the funding would come from Fund 38-Storm Water Utility.

Prepared by & Fiscal Review by: Pamela S. Bauer, CMC City Clerk

Respectfully submitted, Patrick DeGrave City Administrator