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TOWN of CEDARBURG Meeting: Village Board Meeting Date: 04/23/2018 Agenda Item: 5c Mission Statement To provide our residents with a safe, friendly, attractive and active community by aggressively pursuing innovative ways to deliver valuable services. VILLAGE BOARD MEETING STAFF REPORT REPORT TO: Burt R. McIntyre, President Village Board of Trustees REPORT FROM: Michael J Kaster, PE, Director of Engineering AGENDA ITEM: Review and take action on Final Resolution 2018-14 rescinding special assessments against property for public improvements. benefited POLICY ISSUE Should the Village Board approve the final resolution rescinding special assessments against benefited property for public improvements on parcels VH-221-4 and VH-219-5 so that a final plat can be recorded and special assessments can be re-levied for pay back upon lot sales? BACKGROUND INFORMATION The parcels involved were special assessed with final resolutions 2005-28 and 2008-23. The assessments were for public improvements on Glendale Ave . The outstanding assessment on the properties totals $115,244.32. nue The Wech Family has approached the illage to subdivide the parcels and create 14 single family lots along Glendale Ave and a proposed road. For the subdivision plat to be recorded, there must be no outstanding special assessmentsv on the properties. The assessments could either- be paid in full prior to the platnue recording, however with a private property owner involved, and financing being difficult in the current banking climate for residential development staff is proposing the following for the illage to receive payment for the current and proposed special assessments: , The current special assessments v be rescinded, and development agreement executed and recorded. 1. Final Plat recording. Levying of special assessments against the newly recorded lots for the amount of the 2. previous assessment plus assessments for the proposed improvements. (The final 3. resolution including the rescinded assessments and proposed assessments will be brought to the board for approval after recording of the final plat ) The development agreement is being brought to the board for approva. l as a separate agenda item following the action on this resolution. Page 1 of 2 F:\USERS\ENGINEER\18 Projects\18004 - Woodland Ridge Reserve\ASSESSMENTS & RESOLUTIONS\Staff Report Final Resolution Recinding Special Assessments.docx PRIOR ACTION/REVIEW The Village Board approved Resolution 2005-28 and 2008-23. FISCAL IMPACT: 1. Is There a Fiscal Impact? Yes 2. Is it Currently Budgeted? No 3. If Budgeted, Which Line? N/A 4. Amount? $115,244.32 RECOMMENDED ACTION Village staff recommends that the Village Board approve the attached resolution. If the Village Board agrees with this action, the following motion could be used, “Motion to approve Resolution 2018-14 rescinding special assessments against benefited property for public improvements on parcels VH-221-4 and VH-219-5.” POLICY ALTERNATIVE(S) The Village Board could take the following actions: • Approve resolution 2018-14 • Approve the resolution with modifications • Deny the resolution • Table the resolution and request additional information ATTACHED INFORMATION I. Resolution 2018-14 II. Final Plat of Woodland Ridge Reserve COPIES FORWARDED TO: I. None Page 2 of 2 RESOLUTION NO. 2018-14 AMENDED FINAL RESOLUTION REGARDING RESCINDING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY FOR PUBLIC IMPROVEMENTS PARCEL VH-221-4 AND VH-219-5 IN THE VILLAGE OF HOWARD, BROWN COUNTY, WISCONSIN WHEREAS, the Village Board of the Village of Howard, Brown County, Wisconsin approved the following Resolutions levying special assessments against Parcels VH-221-4 and VH-219-5: Resolution 2005-28 Final Resolution Authorizing Levying of Special Assessments against Benefitted Property for Sanitary Sewer & Laterals, Water Main & Services, Storm Sewer & Laterals, Driveways, Sidewalks, Curb & Gutter, and Roadway Reconstruction on Glendale Avenue & Pinecrest Road Resolution 2008-23 Final Resolution Authorizing Levying of Speicial Assessments Against Benefitted Property for Sanitary Sewer & Laterals, Water Main & Services, Storm Sewer & Laterals, Storm Water Management Facilities, Driveways, Sidewalks, Curb & Gutter, and Roadway Reconstruction on Glendale Avenue, Chatsworth Drive and Evergreen Avenue WHEREAS, the Village of Howard wishes to enter into a Subdivision Development Agreement with the owners of Parcels VH-221-4 and VH-219-5 which requires that the special assessments be rescinded and cancelled. NOW, THEREFORE, BE IT RESOLVED pursuant to Sec. 66.0703(10), Wis. Stats. by the Village Board of the Village of Howard, Brown County, Wisconsin as follows: 1. Final Resolution No. 2005-28 and Final Resolution 2008-23 are hereby amended such that the special assessments levied for Parcels VH-221-4 and VH-219-5 are hereby cancelled and rescinded. 2. In all other respects the special assessments as levied in Final Resolution No. 2005-28, and Final Resolution 2008-23 shall remain in full force and effect. 3. The Clerk of the Village of Howard is directed to publish this Resolution as a Class 1 Notice and is further directed to mail a copy of this Resolution to the owners of the properties as described herein. 41. If any section, sentence or clause or any special assessment set forth or referred to herein shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining sections or assessments approved herein, which shall remain in full force and effect. Adopted this 23rd day of April 2018. VILLAGE OF HOWARD Burt R. McIntyre, Village President ATTEST: Christopher A. Haltom, Village Clerk DATE OF PUBLICATION: ______________________ 1 2 3 4 5 6 7 8 9 10 WOODLAND RIDGE RESERVE PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, A T24N-R20E, VILLAGE OF HOWARD, BROWN COUNTY, WISCONSIN. 50100 0 100 200 300 NORTH IS REFERENCED TO EAST LINE OF THE NORTHEAST 1/4 OF SECTION 7, T24N-R20E, GRAPHIC SCALE 5(&25'('72%($51 ( THIS MAP IS BASED ON THE CURRENT BROWN COUNTY COORDINATE SYSTEM OF RECORD. www.mach-iv.com NW NE SITE PH:920-569-5765; Fax: 920-569-5767 B 2260 Salscheider Court Green Bay, WI 54313 SECTION 7 SW SE LOCATION MAP PART OF THE SE-NE OF SECTION 7, T24N-R20E VILLAGE OF HOWARD BROWN COUNTY C WISCONSIN D FINAL PLAT RESERVE WOODLAND RIDGE E WOODLAND RIDGE DEVELOPMENT, INC. CURVE DATA F CURVE NO. ARC RADIUS CHORD CHORD BEARING CENTRAL ANGLE TANGENT BEARING 1-2 87.86' 610.00' 87.78' 1 : 6 ( 3-4 218.91' 1597.02' 218.74' 1 : REVISION DESCRIPTION 5-6 18.85' 12.00' 16.97' 6 ( 1 : 7-8 228.77" 280.00' 222.46' 1 ( LOT 3 34.85' 280.00' 34.82' 1 ( LOT 4 115.09' 280.00' 114.28' 1 ( LOT 5 78.83' 280.00' 78.57' 6 ( 9-10 53.62' 65.00' 52.12' 1 ( 1 ( 10-11 359.37' 75.00' 101.79' 1 : LOT 6 71.10' 75.00' 68.47' Q ( There are no objections to this plat with respect to NO. LOT 7 75.41' 75.00' 72.27' 6 ( Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2), DATE: JULY 25, 2017 LOT 9 81.88' 75.00' 77.88' 6 : Wis Stats. as provided by s. 236.12, Wis. Stats. LOT 10 64.76' 75.00' 62.77' 6 : DRAFTED BY: RJO LOT 11 66.20' 75.00' 64.07' 1 : CHECKED BY: 11-12 53.62' 65.00' 52.12' 1 : 6 ( Certified __________________, 20_____ G LOT 13 26.04' 65.00' 25.87' 6 ( PROJECT NO.: 1253-03-17 13-14 179.75' 220.00' 174.79' 6 : DRAWING 15-16 18.85' 12.00' 16.97' 6 : NUMBER 1378 SHEET NUMBER Department of Administration 1 1 2 3 4 5 6 7 8 9 10 OF 2 1 2 3 4 5 6 7 8 9 10 WOODLAND RIDGE RESERVE A PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, T24N-R20E, VILLAGE OF HOWARD, BROWN COUNTY, WISCONSIN. www.mach-iv.com CERTIFICATE OF THE VILLAGE OF HOWARD CORPORATE OWNER'S CERTIFICATE NOTES: A PLAT KNOWN AS "WOODLAND RIDGE RESERVE", WHICH HAS BEEN DULY FILED FOR APPROVAL WOODLAND RIDGE DEVELOPMENT, INC., A CORPORATIONS DULY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE 1) ALL ROADS WITHIN THE PLAT BOUNDARY ARE DEDICATED TO THE PUBLIC (D.T.T.P.). OF THE VILLAGE OF HOWARD, BROWN COUNTY, WISCONSIN, AND IS HEREBY APPROVED AS LAWS OF THE STATE OF WISCONSIN, DOES HEREBY CERTIFY THAT SAID CORPORATION CAUSED THE LAND ON THIS PLAT TO REQUIRED BY CHAPTER 236, WISCONSIN STATUTES. APPROVED FOR THE VILLAGE BOARD OF BE SURVEYED, MAPPED, DIVIDED AND DEDICATED AS REPRESENTED HEREON. WOODLAND RIDGE DEVELOPMENT, INC., DOES 2) OUTLOT 1 IS DEDICATED TO THE VILLAGE OF HOWARD FOR STORMWATER MANAGEMENT. HOWARD ON THIS _____ DAY OF ___________________, 20_____. FURTHER CERTIFY THAT THIS PLAT IS REQUIRED S.236.10 OR S.236.12 TO BE SUBMITTED TO THE FOLLOWING FOR APPROVAL PH:920-569-5765; Fax: 920-569-5767 OR OBJECTION: 3) SIDEYARD SETBACK IS 7 FEET FOR ALL LOTS. B ____________________________ 4) REARYARD SETBACK IS 25 FEET FOR LOTS. 2260 Salscheider Court Green Bay, WI 54313 CHRIS HALTOM-VILLAGE CLERK VILLAGE HOWARD BROWN COUNTY PLANNING COMMISSION 5) LOTS 1, 2, 3, 11 & 12 INCLUDE WETLAND AREAS THAT MAY REQUIRE PERMITS FROM THE WISCONSIN DEPARTMENT OF ADMINISTRATION DEPARTMENT OF NATURAL RESOURCES, ARMY CORPS OF ENGINEERS, BROWN COUNTY PLANNING COMMISSION OR THE BROWN COUNTY ZONING ADMINISTRATOR'S OFFICE PRIOR TO ANY DEVELOPMENT IN WITNESS WHEREOF, THE SAID WOODLAND RIDGE DEVELOPMENT, INC. HAS CAUSED THESE PRESENTS TO BE SIGNED BY ACTIVITY. BROWN COUNTY PLANNING COMMISSION ___________________________________ ON THIS _____ DAY OF ______________, 20__. 6) LOTS 4, 5, 6, 7, 8, 9 AND 10 CONTAINS STEEP SLOPES THAT ARE UNSUITABLE FOR BUILDING.
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