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Home My WebLink About09. 22-97MARCH 8, 2022 22-97 RESOLUTION (CARRIED___7-0_____ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: AMEND INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 22-13 A) WITZEL AVENUE (100’ WEST OF WYLDEWOOD DRIVE TO 500’ EAST OF NORTH WESTHAVEN DRIVE) B) MARYDEN ROAD (WITZEL AVENUE TO THE NORTH END OF THE RIGHT-OF-WAY) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council previously adopted Initial Resolution No. 22-66 on February 22, 2022 for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay); and WHEREAS, it is necessary to amend the Initial Resolution to include the extended limits for the project area so that project may be properly completed and assessed. BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: MARCH 8, 2022 22-97 RESOLUTION CONT’D Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Witzel Avenue from 100’ west of Wyldewood Drive to 500’ east of North Westhaven Drive Maryden Road from Witzel Avenue to the north end of the right-of-way The Common Council hereby orders that in connection with the above referenced project that sidewalks and handicap ramps be constructed according to the established grade pursuant to Section 66.0907 of the Wisconsin Statutes, and the ordinances of the City of Oshkosh on the following locations: Witzel Avenue – north side of the street from 550’ west of North Westhaven Drive to 1,350’ west of North Westhaven Drive Witzel Avenue – south side of the street from 770’ west of North Westhaven Drive to 1,550’ west of North Westhaven Drive 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25-83 through 25-89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works 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 work or improvements. MARCH 8, 2022 22-97 RESOLUTION CONT’D (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\22-13 Witzel Ave San Swr Const\Project_Information\Correspondence\Memo\22-13 Amend Initial Resolution Memo_3-3- 22.docx Page 1 of 1 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: March 3, 2022 RE: Amend Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 22-13  Witzel Avenue (100’ west of Wyldewood Drive to 500’ east of North Westhaven Drive)  Maryden Road (Witzel Avenue to the north end of the right-of-way) BACKGROUND This resolution is amending the initial resolution for Witzel Avenue to allow the City to assess abutting property owners for improvements to be completed during the installation of water main on Maryden Road from Witzel Avenue to the north end of the right-of-way. The assessable work may include concrete pavement, asphalt pavement, sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). ANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. Although Council has directed staff to review potential changes to the City’s special assessment policy, we still need to follow these special assessment procedures until such time as the policy is amended. FISCAL IMPACT Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. RECOMMENDATIONS I recommend approval of the initial resolution. Approved: John Fitzpatrick Assistant City Manager JLG/tlt