HomeMy WebLinkAbout08-396OCTOBER 14, 2008 08 -396 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF CHANGE ORDER NO. 2 / PUBLIC WORKS
CONTRACT NO. 06 -14 / KRUCZEK CONSTRUCTION, INC. /
SANITARY SEWER / ( +$31,476.54)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the following
Change Order, a copy of which is attached, is hereby approved:
Kruczek Construction Co.
3636 Kewaunee Rd.
Green Bay, WI 54311
Net Increase to contract: $31,476.54
PURPOSE: See attached Change Order.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility — Construction in Progress
( 0
OfHKOJH
ON THE WATER
MEMORANDUM
TO:
FROM
DATE:
RE:
Honorable Mayor and Members of the Common Council
Steven M. Gohde, Assistant Director of Public Works
October 8, 2008
Change Order #2 for Public Works Contract No. 06 -14;
Replacement of Sanitary Sewer on Witzel Avenue
BACKGROUND
Change Order #2 for Contract 06 -14 is scheduled for consideration by the Common Council at the
October 14, 2008 meeting. The contract was originally awarded to Kruczek Construction Inc. of Green
Bay in November 2006 for other utility construction. This change order is for additional sanitary sewer
work needed on Witzel Ave. for the DOT Wisconsin Street Bridge approach contract. During construction
it was discovered that a section of sanitary sewer scheduled to remain needed to be replaced. The
contractor performing the work for the DOT could not complete the work without delaying their project.
Several qualified contractors were contacted to provide a quote to do the work. Kruczek Construction Inc.
was the only contractor available to do the work in the time frame needed.
ANALYSIS
Engineering Staff reviewed the quote from Kruczek Construction and found the prices were within the
range of what would be expected for a small job under a tight construction timeline.
FISCAL IMPACT
Funds are available in the 2008 Sanitary Sewer Section of the Capital Improvement Budget.
RECOMMENDATIONS
I recommend approval of the Change Order # 2 to Contact No. 06 -14 in the amount of $31,476.54 to
Kruczek Construction Inc.
Respectfully Submitted,
Steven M. Gohde
Asst. Director of Public Works
Approved:
City Manager
IAEngineering \06 -I4 Water Main\memos \CO 42 exp.doc
CHANGE ORDER # 2
DATED: September 30, 2008
TO: Kruczek Construction, Inc.
3636 Kewaunee Rd.
Green Bay, WI 54311
Your present contract with the City of Oshkosh, Contract No. 06 -14 , is hereby amended
and changed as follows:
NET INCREASE TO: SECTION II - SANITARY SEWER
NET INCREASE TO CONTRACT:
$31,476.54
$31,476.54
CITY OF OSHKOSH
Recommended:
Director of Public Works
BY:
City Manager
City Clerk
Ap ved and accepted:
Contractor
I certify that provision has been made to pay the liability that will accrue to the City of
Oshkosh, Wisconsin, under the within Change Order.
Comptroller
Approved as to form:
City Attorney
CONTRACT: 06 -14 CHANGE ORDER # 2
SECTION II - SANITARY SEWER
ADDITIONAL WORK REQUIRED: C.O. # 2 - SECTION II
1 Extra work required for
emergency sanitary sewer
relay on Witzel Avenue,
per invoice dated Sept. 10,
2008, lump sum
1.0 1 1.00 1 1$31,476.54 1 $31,476.54
ADDITIONAL WORK: C.O. # 2 - (ITEM 1) - SUB -TOTAL $31,476.54 $0.00
NET INCREASE TO: SECTION II $31,476.54
NET INCREASE TO CONTRACT:
$31,476.54
Page 1
INCREASE IN
DECREASE IN
ITEM
CONTRACT
INSTALLED
NET
NET
COST PER
DESCRIPTION
CONTRACT
CONTRACT
NUMBER
QUANTITIES
QUANTITIES
INCREASE
DECREASE
UNIT
PRICE
PRICE
1 Extra work required for
emergency sanitary sewer
relay on Witzel Avenue,
per invoice dated Sept. 10,
2008, lump sum
1.0 1 1.00 1 1$31,476.54 1 $31,476.54
ADDITIONAL WORK: C.O. # 2 - (ITEM 1) - SUB -TOTAL $31,476.54 $0.00
NET INCREASE TO: SECTION II $31,476.54
NET INCREASE TO CONTRACT:
$31,476.54
Page 1
O f
ON THE WALTE43
MEMORANDUM
DATE: October 9, 2008
TO: City Council Members
FROM: Scott D. Greuel 50
m. Chief of Police
REF: Summary of Nuisance Abatement Activity - 2008
A revision to the nuisance ordinance was passed in 2007 that allows for an abatement plan to
be developed with the Chief of Police for property owners of designated nuisances. Since the
adoption of City Ordinance 17 -38.1, Alternate Method to Abate Nuisance, we have
conducted eleven abatement meetings with mostly positive results. An abatement process is
initiated by the police when it is determined that three or more public nuisance activities
resulting in law enforcement action have occurred at a premise on separate incidents during a
12 -month period.
The following is a summary of the completed abatement efforts conducted by the Oshkosh
Police Department to date in 2008. (Please see attached document — Oshkosh Police
Department — Nuisance Abatement Program)
• Of the 11 Nuisance Abatements completed to date, 9 (81 %) are rental properties
• All (100 %) showed a significant reduction in calls for service or police contacts after
the abatement letters /meetings were conducted. With all properties combined, there
was an 90 % reduction in calls for service or police contacts (from 258 to 26)
• Five (45 %) resulted in evictions to the tenants, and another four (36 %) are
considering eviction after a last chance agreement.
• Follow -up abatement needs to be completed on one owner occupied property that is
not following abatement plan
• Most property owners were very responsible and the abatement meetings were very
productive and cooperative. (Police /Community Relations improved)
• Most property owners want some form of alert or notification system that provides
some follow up method of notification after or during police contact (exploring
feasibility of a CAD mining program that will accomplish automatic electronic
notifications)
SAM PL,6 A 6A 71 /,M
Oshkosh, WI 54901
RE: 1304 Otter Av.
* ** OFFICIAL NOTICE OF NUISANCE ACTIVITY * **
DATE: 09 -15 -08
Dear Mr.
This letter is regarding property that you own at the above address in the City of Oshkosh. Per Section 17 of Oshkosh
Municipal Code, this property meets the definition of a public nuisance. Since May 12, 2008, the Oshkosh Police Department
has responded to this address for at least 3 nuisance calls, including Disturbance(08- 13624), Disturbance(08- 16499), and a
Disturbance(08- 27242). This unlawful activity disrupts and threatens the peace, safety, order, aesthetics, and property
values of the neighborhood and places an undue burden on police services. The Oshkosh Police Department's goal is to work
together with property owners and to decrease public nuisances in our community.
As the owner of the property, the law places responsibility on you to ensure that the public nuisance be stopped. This notice
is being provided to give you an opportunity to do so. If you fail to take action, under Section 17, as the property owner, you
may be subject to the following:
1) Forfeitures - Each day of violation shall be considered a separate and distinct offense:
a. 1St offense: not less than $400, nor more than $800
b. 2nd offense within 24 months of previous conviction: not less than $600, nor more than $1,000
c. 3 rd offense within 24 months of previous 2 convictions: not less than $800, nor more than $1,200
d. 4th or subsequent offense within 24 months of previous 3 or subsequent convictions: not less than $1,000,
nor more than $2,000
2) Default of payment of such fines and costs
3) Cost of police response and enforcement (may be assessed as a special charge against the premises)
4) Costs of prosecution
You are hereby required to make contact with the Chief of Police's secretary @ (920) 236 -5720 to make an appointment to
meet with the Chief or his designee. This meeting must be held within 5 business days (unless other arrangements are
made). At this meeting, the abatement of the above mentioned property will be discussed. Failure to respond to this letter
and set up this meeting; may result in further sanctions.
Hopefully the above penalties will not be necessary. We are willing to assist you in resolving this situation. Experience has
shown that prompt attention to these matters can help you avoid the legal consequences.
Sincerely,
Chief Scott D. Greuel Sgt. Steve Kaiser
Oshkosh Police Department Oshkosh Police Department
OSHKOSH POLICE DEPARTMENT
NUISANCE ABATEMENT PLAN
ADDRESS: 1020 Winnebago Avenue DATE: 05 -15 -08
PROPERTY OWNER:
Property owner agrees to :
1. Will not engage in any criminal or unlawful activity on my property.
2. I, and anyone staying at my property, will cooperate with the police upon
contact.
3. I will remove the unusable trucks in need of repair from my property.
4. I will not have any employees or other persons staying at my property that I
cannot control, or during my absence from the property.
5. I have already turned my Shepherd /Chow mix dog to the Animal Shelter,
which was the dog responsible for the dog at large complaints. I still have a
Bull dog, but will control the dog on a leash and prevent the dog from
running at large when not in my residence. I will take whatever measures
are necessary to prevent or reduce the dog from barking unreasonably. I
will keep up with dog licenses and vaccinations.
6. I will take measure to prevent or control unreasonable or loud noises or
parties at my residence.
7. I will personally walk away from any arguments with my girlfriend and
participate in any counseling or preventive measures necessary to not cause a
disturbance. Our interactions will be non- violent and civil.
I will make a good -faith effort to comply with the above goals and abate the
nuisance. I understand that if corrective actions are not taken, as owner I may be
issued a citation for maintaining a public nuisance.
Signature of Property Owner
Date:
OPD Signature Date:
Title
City of Oshkosh Municipal Code
Revised thru 10109107
conduct a formal or informal hearing at such time and place as designated in a hearing
notice to the appellant, providing five (5) business days notice to the appellant. The city
manager shall obtain sufficient facts upon which to make a determination. The decision
shall be based upon the evidence presented. The city manager shall notify the appellant
in writing of the determination by first class mail addressed to the individual and at the
address listed within the appeal. Service is conclusive upon mailing.
b. The decision of the city manager is final except if the owner of the premises appeals the
decision to a court of competent jurisdiction. Such appeal shall be filed no later than
thirty (30) calendar days after the date of mailing the decision of the city manager.
Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely
to the record created before the city manager. Costs, but not attorney fees, shall be
awarded to the prevailing party, at the sole discretion of the court. Failure to timely and
properly appeal shall deprive the court of jurisdiction to hear the appeal.
SECTION 17 -38.1 ALTERNATE METHOD TO ABATE NUSIANCE
(1) Notice to Owner
a. In addition to any other enforcement measure provided by law, for any nuisance as enumerated
in Sec. 17- 32(B), whenever the Chief determines that three or more public nuisance activities
resulting in a law enforcement action have occurred at a premise (in the case of residential
rental unit, each incident involving the same occupant, lessee or lessees) on separate incidents
during a 12 -month period, the Chief may notify the premises owner in writing. The notice shall
contain the street address or legal description sufficient to identify the premises, a description of
the nuisance activities that have occurred at the premises, a statement indicating that the cost
of future enforcement may be assessed as a special charge against the premises, and a notice
as to the appeal rights of the owner. The notice shall be delivered by any one of these methods:
(a) by personally serving the owner or by leaving the notice at the owner's abode or principal
place of doing business with a person who is apparently in charge of the principal place of doing
business, or (b) by registered mail, or by certified mail return receipt requested, or (c) by
publication as a Class 1 notice together with mailing the notice to the owner's last known
residential or business address; the mailing may be omitted if the post -office address cannot be
ascertained with reasonable diligence.
(i) ABATEMENT PLAN: Any owner receiving notice pursuant to this Section shall,
unless other arrangements are agreed to in writing, meet with the Chief within
5 business days of receipt of such notice. The parties shall review the
problems occurring at the property. Within 10 business days of this meeting,
the owner shall submit to the Chief a written abatement plan to end the public
nuisance activity on the property. The plan shall also specify a name, address,
and telephone number of a person living in the State of Wisconsin who can be
contacted in the event of further police, fire, or inspection contact.
(ii) ADDITIONAL PUBLIC NUISANCE ACTIVITY: Whenever the Chief determines
that additional public nuisance activity has occurred at a premises for which
notice has been issued pursuant to this Section, that this public nuisance
activity has occurred not less than 15 business days after notice has been
issued, and that reasonable efforts have not been made to abate the public
nuisance activity, the Chief shall calculate the cost of police response and
enforcement for this and any subsequent public nuisance activities and shall
cause such charges and administrative costs to be assessed and collected as
a special charge against the premises.
City of Oshkosh Chapter 17 — Page 24 Municipal Codes
City of Oshkosh Municipal Code
Revised thru 10109107
(iii) ADDITIONAL PUBLIC NUISANCE ACTIVITY DURING IMPLEMENTATION
OF AGREED UPON ABATEMENT PLAN: If additional public nuisance activity
occurs on a rental property subject to an abatement plan during the timely
implementation of the agreed upon abatement plan, the property owner shall
not be subject to penalties described in this Code.
aa. A property owner is in compliance with this ordinance if the property
owner follows the abatement plan, or undertakes the remedies
provided by Chapter 704 of the Wisconsin Statutes as may be
amended from time to time, or takes one or more legal steps as
identified in the abatement plan to remove the tenants creating the
public nuisance allowable under Wisconsin Statutes and Consumer
Protection Rules when notified by the Police Department in writing
that an illegal public nuisance exists.
(iv) PENALITIES: In addition to any other penalty provided in this Municipal Code,
every person convicted of a violation of any of the provisions of this Section
shall for each offense be punished by the forfeitures as set below, together
with the costs of prosecution and in default of payment of such fines and
costs. Each day of violation shall be considered a separate and distinct
offense.
aa. First Offense: not less than $400, nor more than $800.
bb. Second offense within 24 months of previous conviction: not less than
$600, nor more than $1,000.
cc. Third offense within 24 months of previous two convictions: not less
than $800, nor more than $1,200.
dd. Fourth or subsequent offense within 24 months of previous three or
subsequent convictions: not less than $1,000, nor more than $2,000.
SECTION 17 -39 BARBED WIRE FENCING
The use of barbed wire within the City for the purpose of fencing or enclosing lots or for any other purpose
is prohibited, provided that the provisions of this Section shall not apply to farming lands used and
cultivated as such within the City limits where the fencing along either a street or sidewalk line is placed a
distance of at least six (6) feet inside the sidewalk line, and provided furtherthat this Section shall not apply
to any fences more than six (6) feet high from the ground, where such barbed wire is strung at the top of
such fencing.
SECTION 17 -40 ABANDONED ICE BOXES
No person shall leave outside of any building or dwelling in a place accessible to children any abandoned,
unattended or discarded ice box, refrigerator or any other container of any kind which has an air -tight door
or lock which may not be released for opening from the inside of said ice box, refrigerator or container; or
which has an air -tight snap -lock or other device thereon without first removing the same snap -lock doors
from said ice box, refrigerator or container.
SECTION 17 -41 UNNECESSARY NOISES
Any unreasonably loud, disturbing and unnecessary noise or any noise of such character, intensity or
duration as to be detrimental to the life or health of any individual or which is in the disturbance of public
City of Oshkosh Chapter 17 —Page 25 Municipal Codes
City of Oshkosh
SECTION 17 -30 ANCHORING VESSEL NEAR MAIN PROHIBITED
Municipal Code
Revised thru 10109107
No person shall drop any anchor over in the immediate vicinity of any water mains supplying the City or its
inhabitants with water, or any mains crossing the Fox River or extending into any lake.
ARTICLE IV. PUBLIC NUISANCES
SECTION 17 -31 PUBLIC NUISANCES PROHIBITED
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the
City.
SECTION 17 -32 DEFINITIONS
(A) Public Nuisance
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for
such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency;
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous
for passage any street, alley, highway, navigable body of water or other public way.
(B) Additional Nuisances
(1) In addition to any other provisions contained in this Article IV, any of the following activities,
behaviors, or conduct, occurring on the premises shall also be deemed a public nuisance:
a. An act of Harassment, as defined in §947.013, Wis. Slats.
b. Disorderly Conduct, as defined in §947.01, Wis. Stats.
c. Battery, Substantial Battery, or Aggravated Battery, as defined in §940.19, Wis. Stats.
d. Lewd and Lascivious Behavior, as defined in §944.20, Wis. Stats.
e. Prostitution, as defined in §944.30, Wis. Stats.
f. Theft, as defined in §943.20, Wis. Stats.
g. Receiving Stolen Property, as defined in §943.34, Wis. Stats.
h. Arson, as defined in §943.02, Wis. Stats.
i. Possession, Manufacture, or Delivery of a Controlled Substance or related offenses, as
defined in §961, Wis. Stats.
j. Gambling, as defined in §945.02, Wis. Slats.
k. Animal violations, as defined in Chapter 6, of this Code.
I. Violation of Adult Entertainment Regulations, as defined in this Chapter.
m. Violations of Chapter 125 of the Wisconsin Statutes, or Chapter 4 of this Code.
n. Violation of High Risk Sexual Conduct Establishment regulations, as defined in Chapter
15, of this Code.
o. Trespassing, as defined in §943.13 and §943.14, Wis. Stats.
p. Weapons violations, as defined in § 939.22, Wis. Stats and in this Chapter.
q. Noise violations, as defined in this Chapter.
r. Jurisdiction over juveniles alleged to be delinquent as defined in §938.12, Wis. Stats.
City of Oshkosh Chapter 17 — Page 17 Municipal Codes
Council Workshop
• Streamlining abatement process on junk &
debris
• Police Department review of abatement
process on nuisance complaints
1. Review problems encountered in
neighborhoods
2. Review current timeline for abating junk
& debris issues
3. Review streamlined process /timeline
923 Dove St. — Foreclosure. Former owner uncooperative,
Municipal Citations were not effective. Need Court Order to
enter & abate.
Streamlining abatement
process on junk & debris
1
1020 Winnebago Ave — Unlicensed Commercial Vehicles.
Violates Parking Standards in Zoning Ordinance.
Neighborhood.claims about smells. Neighbor trying to sell
house, says this is detracting from ability to sell his home.
Proposed Code Amendment —
Streamlined Process
1. Inspect property /take photos.
2. Issue Correction Notice. (15 -30 days.)
3. Issue Municipal Citation if compliance not obtained (30 -60
days for court hearing.)
4. Secure conviction for violation from court.
5. Issue Abatement Order upon obtaining conviction (serve
property owner /occupant) giving 30 days to comply. 30
day time frame coincides with time recipient has to apply
for an order restraining City from executing order (30 days)
6. After expiration of 30 -day compliance time frame, abate
nuisance /charge costs against property owner (15 -60 days,
depending on specifics of case (materials to be removed.)
Total Time: 90 —180 Days
Present Code Process
1. Inspect propertyttake photos.
2. Issue Correction Notice to property owner /occupant. Give time to
comply (15 -30 days)
3. Issue Citation if compliance not achieved. Reaching court trial can take
2 months (30-60 days for court hearing.)
4. Secure Court Ruling on Citation.
5. Issue Abatement Notice thru City Attorney's Office if step 4 results in
Guilty verdict (30-60 days)
6. If compliance not obtained, petition court for order to comply. Involves
getting on Court's schedule (30 -120 days)
7. Court rules on petition. If ruling in favor of City, Court issues order to
comply (generally 30 days)
8. If compliance not obtained, City petitions court for permission to abate
nuisance. Again, must be scheduled with court (30 -60 days)
9. Court hears results of compliance efforts of previous Court Order.
Court gives City authority to enterfabate nuisance.
10. Abate nuisance /charge costs against property (15-60 days, depending
on specifics of case (materials to be removed.)
Total Time:175 — 420 Days
Result of the Proposed
Amendments
1. Expedites Abatement (removal) process.
2. Saves City money in enforcement
(reduces legal costs.)
2