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#2 Public hearing and action for assessable sewer, water and laterals (File Res. #2012-901) DEPARTMENT OF PUBLIC WORKS MEMORANDUM 9 APRIL 2012 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR ASSESSABLE SEWER, WATER, AND LATERALS (FILE RES. NO. 2012-901) Summary: Resolution 2012-901 includes sanitary sewer, water main, and related sewer and water laterals in two separate areas of the City. The City received a request for services from Agrace HospiceCare who owns property at 3301 Sandhill Drive located at the southwest corner of Sandhill Drive and N. Wright Road. Also the City has been working with the owner of Wedges bar/restaurant located at 2160 Golf Course Road and the Board of Trustees for Elk Lodge 254 located at 2100 N. Washington Street to extend gravity sewer to their properties. The Council adopted Preliminary Resolution 2012-896 at the March 26 meeting declaring its intent to assess the abutting properties benefited by these improvements. Category I includes sanitary sewer, water main, and sewer and water laterals. Category II includes sanitary sewer and sewer and water laterals. Category III includes water main (for assessment purposes only). Engineering Division Recommendation: The Engineering Division recommends adopt Final Resolution No. 2012-901 following the public hearing. City Manager’s Recommendation: The City Manager recommends approval of the intent to assess and to provide for the special financing for the Elks Lodge. Suggested Motion: I move to adopt Final Resolution No. 2012-901 and grant the Elks Lodge 254 a 10-year payment plan at 3% interest with the first three years being interest only payments. Background: Elks/Wedges/Riverside In October 2010, the City was notified by the County Health Department of problems with the septic system for Wedges. Since that time, the City has been working with Bruce Monson, the owner of Wedges to pursue permanent solutions. One option explored was pressure testing the private sanitary forcemain serving the Elks Lodge to consider taking public ownership of the forcemain to allow Wedges to connect. When the pressure test failed, the Elks also became interested in a permanent public sewer option. The City is constructing a new park storage building at the south end of Riverside Park near the public restroom building. The existing restroom building is not served by public sewer and there was a desire to connect the new park storage building to sewer and existing water. For these reasons, the City, Wedges, and Elks have worked through a logical assessment strategy to allow extending sanitary sewer from Charles Street in the Mole Sadler subdivision through Riverside Park to serve City buildings as well as Wedges and the Elks Lodge. This sewer can be extended in the future to serve the Riverside golf course club house and properties further to the north and west along N. Washington Street. Since Wedges recently annexed into the City, there is a 1981 ‘out of City’ water main assessment being levied to the property. Wedges intends to use the 5 year payment plan at the stated 6% interest. Because they are a fraternal organization and have limited financial resources, Elks Lodge 254 requested a special 10 year payment plan at 3% interest, with the first three years being interest only payments. In 1981 the Elks property was also granted an indefinite deferral for water main in the amount of $8,035.15. Engineering also believes the Elks Lodge should not be assessed a front foot assessment in the future when the sanitary sewer is extended to the north and abutting their property since the Elks have participated in this sewer extension project in good faith and are paying a prorated portion of costs through properties not immediately abutting their N. Washington Street frontage. Sandhill Drive Agrace HospiceCare is requesting sewer and water extensions to serve a new facility they plan to construct at 3301 Sandhill Drive in 2012. The letter requesting infrastructure is attached. Agrace HospiceCare intends to pay the assessments in full, similar to their approach with the land division assessments in 2011 when the lot was created by a Certified Survey, rather than use a 5 year payment plan. Attached is a 2003 letter from the Larson & Darby Group who facilitated the construction of The Church of Jesus Christ of Latter-day Saints at 3001 N. Wright Road acknowledging future assessments associated with utilities along Sandhill Drive. The City worked with the church at the time of their construction project to delay installation of utilities on Sandhill until required to serve a future development project. Consistent with Council Policy #63 – Special Assessments, the church property with R1 zoning is eligible for a 140 foot corner lot exemption for sewer and water. Attachment - Resolution 2012-901 - City Engineers Report - Agrace HospiceCare request for infrastructure - Letter from Larson & Darby Group - Elks/Wedges/Riverside map - Sandhill Drive map CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (1) OF (4) RESOLUTION NO. 2012-901 FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. SANITARY SEWER, WATER MAIN, AND SEWER AND WATER LATERALS All Property Fronting Upon Each Side Of From To Sandhill Drive N. Wright Road 550’ west of N. Wright Road II. SANITARY SEWER, AND SEWER AND WATER LATERALS All Property Fronting Upon Each Side Of From To Edgehill Drive Parkside Drive Golf Course Road Golf Course Road (N side only) Edgehill Drive N. Washington Street N. Washington Street (E side only) Golf Course Road 1,100 feet North of Golf Course Road III. WATERMAIN ONLY (FOR ASSESSMENT PURPOSES ONLY) All Property Fronting Upon Each Side Of From To CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (2) OF (4) FINAL RESOLUTION NO. 2012-901 N. Washington Street (E side only) Golf Course Road 300 feet North of Golf Course Road 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefitting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (3) OF (4) FINAL RESOLUTION NO. 2012-901 The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The City has determined to undertake the capital improvements described in paragraph 1 above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding debt of the City, will be expended by the City with respect to such capital improvements. The City CITY OF JANESVILLE 9 APRIL 2012 CONTRACT 2012-11, SEWER AND WATER ASSESSMENTS PAGE (4) OF (4) FINAL RESOLUTION NO. 2012-901 reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum principal amount of debt expected to be issued for the reimbursement of such expenditures is $5,000,000. No funds from sources other than the debt referred to above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with the budgetary and financial circumstances of the City. Copies of this resolution shall be made available for public inspection in the manner required by law. This Resolution is a declaration of official intent under Treasury Regulation Section 1.150-2. ADOPTED: MOTION BY: APPROVED: SECOND BY: COUNCILMEMBER AYE NAY PASS ABSENT Eric Levitt, City Manager ATTEST: DONGARRA-ADAMS LIEBERT Jean Ann Wulf, City Clerk-Treasurer McDONALD APPROVED AS TO FORM: RASHKIN STEEBER City Attorney, Wald Klimczyk VOSKUIL Proposed by: ENGINEERING DIVISION Prepared by: ENGINEERING DIVISION 窻®­·¼» Ù±´º ݱ«®­» Û´µ­ Ô±¼¹» Ú«¬«®» Í¿²·¬¿®§ Í»©»® î ÿ ÿ î ÿ î ÿ ÿ ÿ î ÿ ÿ î ÿ ÿ î ÿ ÿ î ÿ ÿ É»¼¹»ù­ Þ¿® î ÿ ÿ î ÿ î ÿ î ÿ ÿÿÿ î ÿ ÿ î ÿ ÿ î ÿ î ÿ ÿ ÿ î ÿ ÿ î ÿ o ÿ É·­½±²­·²ù­ п®µ д¿½» Ý·¬§ ±º Ö¿²»­ª·´´» Ý·¬§ ±º Ö¿²»­ª·´´» Ú«¬«®» Í¿²·¬¿®§ Í»©»® ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ íñïìñîðïî ÞòÞòô д¿²²·²¹ Í»®ª·½»­ ðîìðìèðéîðçêð ï þ ã íèè ù Ú»»¬ ÍæÄЮ±¶»½¬­Äд¿²²·²¹ÄÓ·­½ÄÛ´µ­Ý´«¾Í»©»®ò³¨¼