HomeMy WebLinkAbout11-296JULY 13, 2011 11 -296 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL
ASSESSMENTS OF STORM SEWER LATERALS AND SIDEWALK
REPAIR — WESTHAVEN CIRCLE & SOUTH WESTHAVEN DRIVE
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council of the City of Oshkosh held a public hearing on
the 13th day of July, 2011, 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 June 14, 2011, by the Oshkosh Common Council of the following named streets:
Storm Sewer Laterals and Sidewalk Repair
WESTHAVEN CIRCLE — Maricopa Drive to South Westhaven Drive
SOUTH WESTHAVEN DRIVE — Westhaven Circle to Arlington Drive
MARICOPA DRIVE — 50 feet from the intersection with Westhaven Circle
in either direction
NEWPORT AVENUE — 50 feet from the intersection with Westhaven
Circle in either direction
NEWPORT COURT — 50 feet from the intersection with Westhaven Circle
in either direction
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.
JULY 13, 2011 11 -296 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 to the
property benefited as indicated in said report, except as modified herein.
4. Assessments shown on the report represent an exercise of the police power and
have been determined on a reasonable basis 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 all 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
City Clerk
ANGELA J. JOECKEL
Deputy City Clerk
CITY HALL
215 Church Avenue
O.fHR H P.O. Box 1130
Oshkosh, WI
ON THE WATER 54902 -1130
July 1, 2011
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 July 13,
2011 (Wednesday) regarding assessments, which will be set with the adoption of the final
resolution, also scheduled for adoption on July 13, 2011.
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 August 1, 2011) 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.
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,
OSHKOS
PAMELA R. UBRIG
CITY CLERK
0
CfHKQfH #1
ON THE WATER
June 24, 2011
Subject: Assessments for Storm Sewer Laterals (New and Relay) and Sidewalk Repair
Contract 11 -02
To Property Owners on:
WESTHAVEN CIRCLE, Maricopa Drive to South Westhaven Drive
➢ SOUTH WESTHAVEN DRIVE, Westhaven Circle to Arlington Drive
A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council
Chamber of the Oshkosh City Hall to consider the following improvements to your street: utility
laterals and sidewalk repair, 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 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. Additional sidewalk sections have been included in the enclosed
estimates to allow for removal and replacement of the sidewalk over the storm sewer laterals, if
needed. Only sections removed and replaced will be charged. 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 (920)236 -5011. Questions in regard to the construction
project in general can be answered by calling the Department of Public Works Engineering Division at
(920)236 -5065.
The sequence of construction has not yet been scheduled with a contractor. Residents will be notified
approximately one week before construction will begin. All work within this contract is scheduled to
be completed by the end of November 2011.
The project construction will consist of the following elements: relay or installation of storm sewer
and storm sewer laterals, as needed, along the project to accommodate the drainage needs for the street
and the adjacent properties and the existing concrete sidewalk will be repaired as needed while any
gaps in the sidewalk will be filled in. 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 covered with erosion mat (the property owner is
responsible to water the newly vegetated areas). The matting placed over the seed is biodegradable;
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please do not remove the mat once the seed has germinated. Please set your lawn mower to the highest
setting when mowing the new grass areas for the first few mowings.
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 a one -week notice prior to the access being restricted.
During construction, overnight 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 City 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,
A M'46—
Steven M. Gohde, P.E.
Assistant Director of Public Works
SMG /tlt
Enclosures
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R ICO
JUNE 14, 2011 11 -249 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVAL OF INITIAL RESOLUTION FOR SPECIAL
ASSESSMENTS /STORM SEWER LATERALS AND SIDEWALK
REPAIR - WESTHAVEN CIRCLE & SOUTH WESTHAVEN DRIVE
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
assessments upon property within the following described areas for benefits conferred
upon such property by improving the following:
Storm Sewer Laterals and Sidewalk Repair
Westhaven Circle — Maricopa Drive to South Westhaven Drive
South Westhaven Drive — Westhaven Circle to Arlington Drive
Maricopa Drive -- 50 feet from the intersection with Westhaven Circle in
either direction
Newport Avenue - -50 feet from the intersection with Westhaven Circle in
either direction
Newport Court -- 50 feet from the intersection with Westhaven Circle in
either direction
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.
JUNE 14, 2011 11 -249 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 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.
Gi N,
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:
STORM SEWER LATERALS AND SIDEWALK REPAIR
Westhaven Circle — Maricopa Drive to South Westhaven Drive
South Westhaven Drive — Westhaven Circle to Arlington Drive
Maricopa Drive — 50 feet from the intersection with Westhaven Circle in either direction
Newport Avenue — 50 feet from the intersection with Westhaven Circle in either
direction
Newport Court — 50 feet from the intersection with Westhaven Circle in either direction
The report of the Public Works Director 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 JULY 13, 2011 (Wednesday).
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: 7/2/2011 CITY CLERK
CITY OF OSHKOSH PA YMENT PLAN
NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City
of Oshkosh for the following improvements:
STORM SEWER LATERALS AND SIDEWALK REPAIR
Westhaven Circle — Maricopa Drive to South Westhaven Drive
South Westhaven Drive — Westhaven Circle to Arlington Drive
Maricopa Drive — 50 feet from the intersection with Westhaven Circle in either direction
Newport Avenue — 50 feet from the intersection with Westhaven Circle in either direction
Newport Court — 50 feet from the intersection with Westhaven Circle in either direction
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. THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK
BY AUGUST 1, 2011. 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.
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 AUGUST 1, 2011. 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),
6% 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 AUGUST 1, 2011. 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.
PUBLISHED: 7/2/2011
CITY OF OSHKOSH
PAMELA R. UBRIG
CITY CLERK
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