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Home My WebLink About13A. 22-461NOVEMBER 9, 2022 22-461 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONCRETE PAVEMENT, ASPHALT PAVEMENT, SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS,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 MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT 23-02 (A) WEST LINCOLN AVENUE (ELMWOOD AVENUE TO JACKSON STREET) (B) MCKINLEY STREET (WEST LINCOLN AVENUE TO SCOTT AVENUE) (C) ELMWOOD AVENUE (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (D) CHERRY STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (E) WISCONSIN STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (F) WRIGHT STREET (100’ NORTH OF WEST LINCOLN AVENUE TO 100’ SOUTH OF WEST LINCOLN AVENUE) (G) JACKSON STREET (50’ NORTH OF WEST LINCOLN AVENUE TO 50’ SOUTH OF WEST LINCOLN AVENUE) (H)JOHN AVENUE (75’ WEST OF MCKINLEY STREET TO MCKINLEY STREET) (I) SCOTT AVENUE (75’ WEST OF MCKINLEY STREET TO 75’ EAST OF MCKINLEY STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS 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 NOVEMBER 9, 2022 22-461 RESOLUTION CONT’D assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 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 Main and Laterals (New and Relay): West Lincoln Avenue from Elmwood Avenue to Jackson Street McKinley Street from West Lincoln Avenue to Scott Avenue Elmwood Avenue from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue Cherry Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wisconsin Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Wright Street from 100’ north of West Lincoln Avenue to 100’ south of West Lincoln Avenue Jackson Street from 50’ north of West Lincoln Avenue to 50’ south of West Lincoln Avenue John Avenue from 75’ west of McKinley Street to McKinley Street Scott Avenue from 75’ west of McKinley Street to 75’ east of McKinley Street 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 Chapter 21 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. NOVEMBER 9, 2022 22-461 RESOLUTION CONT’D 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. (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 paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 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\2023 CONTRACTS\23-02 Lincoln- McKinley\Project_Information\Correspondence\Memo\23-02 Initial Resolution Memo_11-3-22.docx Page 1 of 2 TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: November 3, 2022 RE: Approve 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. 23-02  West Lincoln Avenue (Elmwood Avenue to Jackson Street)  McKinley Street (West Lincoln Avenue to Scott Avenue)  Elmwood Avenue (50’ North of West Lincoln Avenue to 50’ South of West Lincoln Avenue)  Cherry Street (100’ North of West Lincoln Avenue to 100’ South of West Lincoln Avenue)  Wisconsin Street (100’ North of West Lincoln Avenue to 100’ South of West Lincoln Avenue)  Wright Street (100’ North of West Lincoln Avenue to 100’ South of West Lincoln Avenue)  Jackson Street (50’ North of West Lincoln Avenue to 50’ South of West Lincoln Avenue)  John Avenue (75’ West of McKinley Street to McKinley Street)  Scott Avenue (75’ West of McKinley Street to 75’ East of McKinley Street) BACKGROUND This resolution is the initial resolution for allowing the City to assess abutting property owners for improvements to be completed during the reconstruction of West Lincoln Avenue, from Elmwood Avenue to Jackson Street, and McKinley Street, from West Lincoln Avenue to Scott Avenue. The assessable work will 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). I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-02 Lincoln- McKinley\Project_Information\Correspondence\Memo\23-02 Initial Resolution Memo_11-3-22.docx Page 2 of 2 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. Funding for the project is included in the 2023 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04302/Contract Control- Paving-23-02 W Lincoln Ave-McKinley St Reconst, #03210410-6804-04302/Contract Control-Storm Sewer-23-02 W Lincoln Ave-McKinley St Reconst, #03210410-6802- 04302/Contract Control-Sanitary Sewer-23-02 W Lincoln Ave-McKinley St Reconst, #03210401-6803-04302/Contract Control-Water Main-23-02 W Lincoln Ave-McKinley St Reconst, #03210410-6806-04302/Contract Control-Sidewalk-23-02 W Lincoln Ave- McKinley St Reconst, and #03210410-6809-04302/Contract Control-Traffic-23-02 W Lincoln Ave-McKinley St Reconst). RECOMMENDATIONS I recommend approval of the initial resolution. Approved: Mark A. Rohloff City Manager JLG/tlt