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HomeMy WebLinkAbout09-379OCTOBER 13, 2009 09 -379 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SANITARY SEWER LATERALS RELAY (814 FREDERICK STREET) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of October, 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 11, 2009, by the Oshkosh Common Council of the following named streets: Sanitary Sewer Laterals Relay: 814 Frederick Street 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. 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. OCTOBER 13, 2009 09 -379 RESOLUTION CONT'D 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 six percent (6 %) 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. Pamela R. Ubrig October 2, 2008 Dear Property Owner.• Please find enclosed the following documents for your information and review. 1. A letter of explanation from Engineering Draftsman Mike Fisher. 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 October 13, 2009 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on October 13, 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 November 2, 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 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 appear before 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, CITY OSHKOSH PAMELA R. UBRIG CITY CLERK City Clerk Angela J. Deputy City Clerk Clerk CITY HALL O H 215 Church Avenue P.O. Box 1130 -fHI\W ON THE WATER Oshkosh, WI 54902 -1130 October 2, 2008 Dear Property Owner.• Please find enclosed the following documents for your information and review. 1. A letter of explanation from Engineering Draftsman Mike Fisher. 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 October 13, 2009 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on October 13, 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 November 2, 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 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 appear before 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, CITY OSHKOSH PAMELA R. UBRIG CITY CLERK DEPARTMENT OF PUBLIC WORKS 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 Ph. (920) 236 -5065 Fax (920) 236 -5068 ON THE WATER October 2, 2009 Michael J Mokler M J Mokler Properties LLC 110 Cimarron Ct Stop 1 Oshkosh WI 54902 7218 RE: Proposed Assessment Revision for Second Sanitary Lateral Relay at 814 Frederick Street Dear Mr. Mokler: In 2008, proposed assessments for the concrete road reconstruction of Frederick Street between West Irving Avenue and Scott Avenue were assessed to your property at 814 Frederick Street. Part of the road reconstruction included replacement of the sanitary sewer main and the relay of sewer lateral connections to each property. Your original proposed assessments included one sanitary lateral relay. During construction a second active sanitary sewer lateral was discovered and re -laid. Since, you did not sign and return the waiver of special assessment that was mailed to you September 4, 2009, we are taking action to revise your original proposed assessment. A public hearing is scheduled for October 13, 2009, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to revise the original sanitary lateral relay assessment. The revision will increase the original sanitary. lateral relay assessment from the proposed $850.00 to an actual $1,593.20 for two sanitary lateral relays. If you have any questions please feel free to call our office at (920) 236 -5065. Sincerely, Mike F. Fisher City of Oshkosh Engineering Division Enclosure cc: David C. Patek, Director of Public Works Steve Gohde, Assistant Director of Public Works File (Cont 08 -04) I:\Engineering \08 -04 Concrete Paving and Page 1 of 1 Utilities\Project Information \Correspondence\Letters \08 -04 san lat relay proposed revision for 814 frederick .doc MARCH 11, 2008 MI& #2 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: INITIAL RESOLUTION — PAVING, GRADING & GRAVELING, SIDEWALK, DRIVEWAY APPROACH, UTILITIES —VARIOUS PROJECTS 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 GRADING AND GRAVELING, SANITARY SEWER LATERALS (NEW & RELAY) SANITARY SEWER MAIN, WATER MAIN WATER LATERALS (NEW) STORM SEWER LATERALS, SIDEWALK REPAIR NEW SIDEWALK AND CONCRETE DRIVEWAY APPROACH: ➢ EAST NEW YORK AVENUE, 25 feet west of Jefferson Street east to Canadian National Railroad Tracks ➢ JEFFERSON STREET, 25 feet south to 25 feet north of East New York Avenue ➢ MT VERNON STREET, 25 feet south to 25 feet north of East New York Avenue ➢ EASTMAN STREET, 25 feet south to 25 feet north of East New York Avenue ➢ GRAND STREET, 25 feet south to 25 feet north of East New York Avenue ➢ BROAD STREET, 25 feet north of East New York Avenue ➢ LEEWARD COURT, 100 feet to 250 feet east of Bowen Street ➢ HICKORY STREET, Menominee Drive to East Murdock Avenue ➢ MENOMINEE DRIVE, 25 feet west to 25 feet east of Hickory Street ➢ ALLEY SOUTH OF WAUGOO AVENUE, Broad Street to Bay Street ➢ FREDERICK STREET, West Irving Avenue to Scott Avenue ➢ SCOTT AVENUE, 25 feet west to 25 feet east of Frederick Street ➢ CENTRAL STREET, West Irving Avenue to Scott Avenue ➢ SCOTT AVENUE, 25 feet west to 25 feet east of Central Street ➢ WEST LINCOLN AVENUE, Franklin Street to North Main Street ➢ FARMINGTON AVENUE, Anderson Street to 360 feet east MARCH 11, 2008 08 -84 RESOLUTION CONT'D CONCRETE DRIVEWAY APPROACHES: ➢ CASEY TRAIL and MOCKINGBIRD WAY (Casey Meadow South Subdivision, Phase 1A) ➢ FRASER DRIVE and HEMLOCK COURT (Edgewood Village Subdivision, Phase 1) ➢ ELK RIDGE DRIVE, RUFFED GROUSE WAY, and WHITE TAIL LANE (Hunters Ridge Development, Phase II & III) ➢ BAILEY COURT and JOHN MOORE DRIVE (2 " Addn. To Pheasant Creek Farm Subdivision, Phase 2) ➢ OMNI DRIVE (Sterns Drive to 800 feet east) 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 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. 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: SANITARY SEWER LATERALS (RELAY) 814 Frederick Street 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 OCTOBER 13, 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: 10/3/2009 CITY CLERK ■ I 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: SANITARY SEWER LATERALS (RELAY) 814 Frederick Street 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 NOVEMBER 2, 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 NOVEMBER 2, 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 NOVEMBER 2, 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 NOVEMBER 2, 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 owner shall 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 NOVEMBER 2, 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: 10/3/2009 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK