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Home My WebLink About09-200MAY 26, 2009 09 -194 09 -200 PENDING MAY 12, 2009 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESS- MENTS / ASPHALT PAVING, SANITARY SEWER LATERALS, SIDEWALK REPAIR & CONCRETE DRIVEWAY APPROACH (EAST NEW YORK AVENUE, POWERS STREET, MONROE STREET, BROAD STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 12th day of May, 2009, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted March 25, 2009, by the Oshkosh Common Council of the following named streets: ASPHALT PAVING, SANITARY SEWER LATERALS, SIDEWALK REPAIR AND CONCRETE DRIVEWAY APPROACH: EAST NEW YORK AVENUE, 5.0' west of Bowen Street to Canadian National Railroad tracks POWERS STREET, East New York Avenue to 25 feet north MONROE STREET, East New York Avenue to 25 feet north BROAD STREET, E. New York Avenue to 25 feet north of East New York Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. MAY 26, 2009 09 -164 09 -200 PENDING MAY 12, 2009 RESOLUTION CONT'D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost of the property benefited as indicated in said report, except as modified herein. 4. That benefits and damages shown on the report as modified are true and correct and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or both assessments, jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of eight percent (8 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 54903-1130 City of Oshkosh — OfHKQIH TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: May 21, 2009 RE: Approval of Final Resolution for Special Assessments New York Avenue (Hazel Street to Bowen Street) BACKGROUND At the last meeting, Resolution 165 was scheduled to deal with the levying of special assessments for the reconstruction of this section of New York Avenue. The assessments to abutting property owners were calculated for reconstruction of the north half of New York Avenue, the enlargement of concrete driveway approaches, the replacement of existing sanitary sewer laterals, and the repair of existing public sidewalks. The calculations were completed based on requirements of the Municipal Code and the "Policy for Special Assessments." This work is being completed in conjunction with the installation of a sanitary sewer interceptor pipe. ANALYSIS This section of New York Avenue was originally constructed in 1977. The pavement has a Paser Rating of 5, which is designated as "fair." The pavement restoration was proposed for reconstruction versus patching of a smaller sewer trench. This was felt to provide the best useful life for the pavement. FISCAL IMPACT The Common Council has several options regarding the special assessments for the reconstruction of the concrete pavement on this section of New York Avenue. The paving assessments could be (1) approved as proposed, (2) could be partially reduced to the property owners with a 50% pavement restoration cost allocated to the Wastewater Utility, or (3) could be totally eliminated and totally allocated to the Wastewater Utility. The pavement restoration cost would vary for the abutting property owners versus Wastewater Utility depending on the option selected. As indicated at the last meeting (see attached), a similar sanitary sewer interceptor project was completed on Washington Avenue in 1986 and pavement restoration costs were partially allocated to the Wastewater Utility. This is similar to option #2. RECOMMENDATIONS Staff recommends approval of the resolution with option #2, which would give residents a 50% reduction on street restoration costs. Respectfully Submitted, David C. Patek Director of Public Works Approved: Mark A. Rohloff City Manager �s MEMORANDUM DATE: May 12, 2009 TO: Mark A. Rohloff City Manager FROM: David C. Patek ' t)a J 6. Director of Public Works Re: Reconstruction of New York Avenue (Bowen Street to Hazel Street) I am writing to provide additional information regarding this reconstruction on East New York Avenue. Special assessments are proposed for the reconstruction of this concrete street based on the benefits to abutting property owners per the requirements of the Municipal Code and the "Policy for Special Assessments." The concrete pavement on this section of East New York Avenue was originally constructed in 1977. Per Section 25 -11 of the Streets and Sidewalk Section of the Municipal Code, a fall charge for the special assessment is required after a life expectancy of 25 years for concrete pavement. Per our discussion, I contacted several neighboring communities to obtain information for comparison of allowances for the useful life of concrete pavement. This information is summarized as follows: Appleton 30 years Green Bay 35 years Sheboygan 30 years (if constructed after 1 -1 -1997) 40 years (if constructed prior to 1 -1 -1997) I also contacted former Director of Public Works, Gerald Konrad fora historical perspective on this type of project. Mr. Konrad indicated that a similar sanitary sewer interceptor project was completed in 1986 on Washington Avenue (Bowen Street to Hazel Street). For that project, the Common Council reduced the assessment rate for the concrete paving project to partially allocate street restoration costs to the Wastewater Utility (WU). The special assessment rate was reduced from $21.20 /foot to $11 /foot for the concrete paving on that project. This equates to approximately 48% of the pavement cost paid by the WU. A similar procedure could be utilized on the New York Avenue project. We estimate that the WU would have been responsible for approximately 1 /Z of the cost of the concrete pavement for the excavation (patching) versus the proposed reconstruction of the North half of the street. Pamela R. u...., City Clerk Angela J. Deputy City ty Clerk Clerk CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, WI ON THE WATER W02 -1130 May 1, 2009 Dear Property Owner. Please find enclosed the following documents for your information and review. 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on May 12, 2009 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on May 12, 2009. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign -up sheet also enclosed and needs to be returned to City Clerk's Office by June 1, 2009) Per section 25-85 (A) of the Oshkosh Municipal Code Book the property ownershall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ : IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 8% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appearbefore the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236 - 5011), Monday through Friday, 8 :00 a.m. until 4 :30 p.m. Sincerely, R F OSHK I C& PAMELA R. USRIG CITY CLERK CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin y Cit of Oshkosh 0 — 54903 -1130 # 1 QIHKOlH April 23, 2009 Re: Assessments for Asphalt Paving, 'Sanitary Sewer Laterals (Relay), Sidewalk Repair, Concrete Drive Approach, Contract 08 -01 To Property Owners on: ➢ EAST NEW YORK AVENUE, from 5 feet west of Bowen Street to Canadian National Railroad ➢ POWERS STREET, East New York Avenue to 25 feet north ➢ MONROE STREET, East New York Avenue to 25 feet north ➢ BROAD STREET, 25 feet north of East New York Avenue A public hearing is scheduled for May 12, 2009, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: paving, utility, sidewalk and/or driveway approach and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The estimated distance on side streets is estimated high to allow adequate area for the new streets to be transitioned to the old streets. The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at 236 -5011. The existing asphalt pavement on East New York Avenue is proposed to be removed and replaced with new asphalt pavement. The north side curb and gutter will be replaced along with spot repairs on the south side. All work within this area is scheduled to be completed by the end of August, 2009. The project construction will consist of the following elements: relay of specific segments of sanitary sewer mains and their associated laterals at various locations along the project; new concrete driveway aprons will be constructed on the north side; the existing concrete sidewalk will be repaired as needed. Additional sidewalk sections have been included in the enclosed estimates to allow for removal and replacement of the sidewalk over the sanitary sewer laterals. Only sections removed and replaced will be charged. It is recommended that no salt or harsh chemicals be put on new sidewalk for one (1) year. If you know of any underground wires and/or piping, (examples: invisible electric fence, conduit for exterior lighting, sprinkler system, etc.) on your property near the sidewalk and driveway, please contact the city as soon as possible. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and mulched (the property owner is responsible to water �s 90 the newly vegetated areas). The matting placed over the seed -is biodegradable; please do not remove the mat once the seed has germinated. During construction there will be short periods of time when access to your property will be restricted. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience the contractor will provide you with a one -week notice prior to the access being restricted. During these times parking restrictions will be relaxed on the adjacent streets to allow temporary parking. Provisions will be made with the Fire Department and Sanitation Division so fire protection and garbage /recycling collection will continue at all times. Please ensure your garbage /recyclables are at the curbside by 7:00 a.m. on your regular collection day; crews will be collecting garbage /recyclables first in construction areas. If rural -type mailboxes exist on your street, the contractor will remove them during construction; this will make it necessary for you to pick up your mail at the Post Office. The contractor will be responsible so as not to damage the mailboxes. Upon completion of the paving work, the contractor will reset the mailboxes. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of, the City Forester. If you have any questions on the proposed assessments or the project construction you can contact the Public Works Engineering Division at (920) 236 -5065. Sincerely, ,/,k, v/� Steven M. Gohde, P.E. Assistant Director of Public Works SMG /clm Enclosure MARCH 25, 2008 08 -100 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: INITIAL RESOLUTION — PAVING, SIDEWALK, DRIVEWAY APPROACH, UTILITIES — NEW YORK AVENUE 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 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: CONCRETE PAVING ASPHALT PAVING SANITARY SEWER LATERALS _►iI APPROACH: EAST NEW YORK AVENUE, Hazel Street to Canadian National Railroad tracks OAK STREET, East New York Avenue to 25 feet north GROVE STREET, East New York Avenue to 25 feet north EVANS STREET, East New York Avenue to 25 feet north BOWEN STREET, East New York Avenue to 25 feet north POWERS STREET, East New York Avenue to 25 feet north MONROW STREET, East New York Avenue to 25 feet north BROAD STREET, 25 feet south to 25 feet north of East New York Avenue 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. MARCH 25, 2008 08 -100 RESOLUTION CONT'D fi 4. 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. 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. 5. 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 by the Board of Public Works at the Council Chambers in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. 6. 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. WE NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: ASPHALT PAVING, SANITARY SEWER LATERALS, SIDEWALK REPAIR AND CONCRETE DRIVEWAY APPROACH: EAST NEW YORK AVENUE, 5.0' west of Bowen Street to Canadian National Railroad tracks POWERS STREET, East New York Avenue to 25 feet north MONROW STREET, East New York Avenue to 25 feet north BROAD STREET, E. New York Avenue to 25 feet north of East New York Avenue The report of the City Director of Public Works and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City. Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on MAY 12, 2009. All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 5/2/2009 CITY CLERK CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: ASPHALT PAVING, SANITARY SEWER LATERALS, SIDEWALK REPAIR AND CONCRETE DRIVEWAY APPROACH: EAST NEW YORK AVENUE, 5.0' west of Bowen Street to Canadian National Railroad tracks POWERS STREET, East New York Avenue to 25 feet north MONROW STREET, East New York Avenue to 25 feet north BROAD STREET, E. New York Avenue to 25 feet north of East New York Avenue Included with this notice, is the amount of the Special Assessment against your property or properties: A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME NOTE: PAYMENT CHOICE MUST BE MADE TO THE CITY CLERK BY THE PROPERTY OWNER BY JUNE 1, 2009. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 8% INTEREST Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by JUNE 1, 2009. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 8% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2: TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by JUNE 1, 2009. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. 3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by JUNE 1, 2009. The amount of the assessment will be placed on the property tax bill with interest at 8% of the unpaid balance per year over the ten (10) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the ten year period, with interest pro -rated to the month of payment. Property ownershall be deemed to accept this plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in excess of $500.00.) 4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by JUNE 1, 2009. The amount of the assessment will be placed on the property tax bill with interest at 8% of the unpaid balance per year over the fifteen (15) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the fifteen year period, with interest pro- rated to the month of payment. (Applies to assessments in excess of $1,000.00.) PUBLISHED: 5/2/2009 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK rm z c1 -� '1S N3MO8 z'o9 m o•ozL I I I L£tt N0 0 0 f M 4 N u7 0 'NOad N 0 o M Q �' n ONd 3W0 4NyS 3ld "" 1 Y un 0 z N o 0 } 1 ,z•zct 3 � � N M W In J '1S S83MOd z M N ,o•azt W tD v �SOZL n N N n mN 4£lt OZ K0 8 d gort NaOd aN 00 m° 0NV 3NOH 1 VSb moo IS S83MOd N cod v n tGo ,0'OZ t oN �5£lt ,O o ,r N 'iS 3O8NONi N ar s, 3nnod CA o N ,0'OZt m a N M � y �c; 6L X0010 N00 ON 00 0000-9080-SL'. o a ONdI 3hOH 1 VSd N G ILI 0 0000-9090- C, v r w j ,COZ � n N Il l t� ,9 ¢ '1S OVONG U- 0 Lai CL Q 3 0 c. N O O m r a v E u Ld G' J z W N W 0_ z 0 z in W 0 cn W N W m O I'll Y J 3 o= N W ° m o 0 0 0 0 0 0 ° o m LL 0'. 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