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01. 12-389
AUGUST 15, 2012 12-389 RESOLUTION ORIGINAL RESOLUTION PRESENTED TO COUNCIL-SEE 12-389A / 12-389B FOR ACTIONS (CARRIED________ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS / COLD-MIX ASPHALT PAVING (BROAD STREET, ONTARIO STREET & STERLING AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 15th day of August, 2012, 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 July 24, 2012, by the Oshkosh Common Council of the following named streets: Cold-Mix Asphalt Paving: Broad Street – from New York Avenue to Melvin Avenue Ontario Street – from Linwood Avenue to Smith Avenue Sterling Avenue – from Mount Vernon Street to Grand 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. AUGUST 15, 2012 12 -389 RESOLUTION CONT'D 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 ©epuly City Clerk CITY HALL 215 Church Avenue Of H\ i/ QIH P.O. Box 1134 ON THE WAFER Oshkosh, WI 54902 -1130 August 3, 2012 Dear Property Owner. Please find enclosed the following documents for your information and review. 1. A letter of explanation from Public Works Director David Patek. 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 August 15, 2092 regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on August 15, 2092. 4. Special assessment payment plan options explaining the payment choices after Contract No. 12 -26 is certified as complete —payment choice or payment is not accepted at this time. 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and estimated 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 OF OSHKOSH r PAMELA R. UBRIG CITY CLERK CITY HALL 245 Church Avenue P.O. Box 1130 Oshkosh 9 3-1 5 130 City of Oshkosh — OIHKOIH August 3, 2012 Subject: Assessments for Cold Mix Asphalt Overlay Contract 12-26 To Property Owners on: #1 ➢ BROAD STREET, New York Avenue to Melvin Avenue ➢ ONTARIO STREET, Linwood Avenue to Smith Avenue STERLING AVENUE, Mt, Vernon Street to Grand Street A public hearing is scheduled for Wednesday, August 15, 2012, at 6:00 P.M. in the Common Council Chambers of the Oshkosh City Hall to consider a cold mix asphalt overlay on your street and the levying of special assessments to partially cover the cost for this street construction. Due to the deteriorating condition of the roadway in front of your home, a cold mix asphalt overlay has been proposed as an interim maintenance strategy to extend the useful life of the pavement for five or more years. The cold mix overlay is a flexible asphaltic material that will be constructed to a thickness of approximately two inches (2 "). It is anticipated that the cold mix overlay construction will be completed by November of this year. Assessments are not due until the project is completed. Assessments can be paid by any one of the plans as outlined on the enclosed Payment Plat;! for Special Assessments. Questions in regard to payment of Special Assessments can be, answered by calling the City Clerk's office at (920)236 -5011. Please note that the assessment calculations by the Department of Public Works are based on your lot frontage and estimated street widths, as shown on aerial photos. When the work is completed, it is anticipated that the assessments will be reduced based on actual measurements of the lengths and widths of the cold mix asphalt• overlay that has been constructed. The cold mix overlay construction should cause minimal disturbance in your neighborhood. There will be a few days during the actual paving process when you will be asked to avoid parking on the street. You will still be able to have vehicle access to your driveway. In addition, this construction will not affect fire protection, mail delivery, or garbage collection services. If you have any questions about the proposed cold mix overlay project, please feel free to contact the Department of public Works at (420)236 -5065 from 8:00 A.M. to 4:30 P.M. Sincerely, David C. Patek, P.E. Director of Public Works DCPltlt Enclosures 1AEng1neaiin9112 -26 Cold Mix Asph Paving PrcyTyoject lnformet ion\CorrespondenceTetters112 -26 Assessment Letter #1_5- 3- 12.docx ®D �Q JULY 24, 2012 12 -369 #2 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN) PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS 1 COLD -MIX ASPHALT PAVING (BROAD STREET, ONTARIO STREET, & STERLING 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 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: Cold -Mix Asphalt Paving: Broad Street -- from New York Avenue to Melvin Avenue Ontario Street — from Linwood Avenue to Smith Avenue Sterling Avenue — from Mount Vernon Street to Grand 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 Section 2583 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. 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: JULY 24, 2012 12 -369 RESOLUTION CONT'D (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. WACO 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 66.0703 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: CONTRACT NO 12 -26 COLD -MIX ASPHALT PAVING Broad Street — from New York Avenue to Melvin Avenue Ontario Street — from Linwood Avenue to Smith Avenue Sterling Avenue — from Mount Vernon Street to Grand Street 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 AUGUST 15, 2012. 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: 8/4/2012 CITY CLERK r SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 12 -26 IS CERTIFIED AS COMPLETE CONTRACT NO 12 -26 WILL CONSIST OF: COLD -MIX ASPHALT PAVING Broad Street — from New York Avenue to Melvin Avenue Ontario Street -- from Linwood Avenue to Smith Avenue Sterling Avenue — from Mount Vernon Street to Grand Street Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #5) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 12 -26 is certified as complete by the Public Works Department, the final amount (quantities and costs) of the special assessment against your property or properties will be mailed to you. At that time you will also receive the paperwork to select a payment choice for the special assessments. PAYMENT CHOICE OR PAYMENT IS NOT ACCEPTED AT THIS TIME. THE PAYMENT OPTIONS SHEET YOU WILL RECEIVE AFTER THE CONTRACT IS CERTIFIED AS COMPLETE WILL HAVE THE FOLLOWING OPTIONS: INVOICE - PAYMENT WITHIN 30 DAYS If you choose this option, the City of Oshkosh will then send you a special assessment invoice and you must make payment within thirty days of that notice. If the payment is not made within thirty days after receiving the special assessment 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 including interest will be placed on the next property tax bill. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL 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. FIVE ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500,00) The amount of the assessment will be placed on the property tax bill with interest at 6% on the unpaid balance per year over the five- (5) year period. The annual assessment payment and interest will be included in each year's tax bill payment. The assessment balance may be paid in full at any time during the five -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $500.00.) CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK -.4- 17 16 15 27 26 2 4 12 �- 17 16 1 5 F F L_E LLE 'S n F U r) U AD --T 28 2,1 2p k 29 13 FOX VALLEY & WESTERN LTC RAILROAD ROW 7 6 4 FUL� 2 =OX VALLEY Fc WESTERN LTD RAILROAD ROW 412.5' I BROAD ST. 25 ?D Cl 13 19 C) rn rn > M 36 z 2 8 - 0 14 20 G 25 32 RE 00. m PRE OUR N ASSE - SO - S rn z 27 73 37 PL T 41 0 a 3 PL T > is 21 > T. 3S > 28 34 4 16 22 filaname. broodlO.dwg PAGE 1 OF 2 PARCEL I.D. DESCRIPTION OWNER FRONTAGE ASSESSABLE ESTIMATED ASPHALT PAVING BROAD T07AL CALCULATION LINEAR FEET PAVING WIDTH ASE MI NT 10- 0385 -0200 0 3ROAD ST FOX VALLEY &WES C ARP NOT ASSESSABLE 11- 0889.0000 602 E ME LVIN AV E COLBURN MICHAELICAROLINE 108.4' 12` = 54.2 36.0 $1,203.24 $1,203.24 11- 0895 -0000 505 PYLE AV ORTIZ SHELLY K 108.4' / 2` = 54.2 36.0 $ 1,203.24 $ 1,203.24 11 -0901 -0000 504 PYLE AVE HORTON CLIFFORD G 108.4'12* = 54.2 35.0 $ $ 11- 0907 -0000 503 BALDWIN AVE WEITZ JR DANZEL 108.4'12 "= 54,2 36.0 $ 1,203.24 $1,203.24 11- 0913 -0000 502 BALDW AVE DREXLER MARGARET M 90.6'/ 2' = 45.3 36.0 $1,005.66 $ 1,005.66 11- 0919 -0000 505 GEHRES C TIFFANY /STEPHANIE L HOEFT KIRK P 90.6'/ 2" - 45.3 36.0 $ 1,005,66 $1,005,66 11- 0923 -0000 504 GEHRES CT POSSIN JOAN E 90.6'/ 2" = 45,3 36.0 1 005.66 X005.66 11 -0927 -0000 505 E NEW YORK AVE CLEMANS MARY J 90.6'12* = 45.3 36.0 $1,005.66 $1,005.66 TOTALS $8,835.60 $8.835.60 CORNER LOT LONG SIDE REDUCTION ASSESSMENT RATES: SHEET 2 OF 2 36 COLD MIX ASPHALT OVERLAY ASSESSMENT = $22.20 PER LINEAR FOOT CITY OF OSHKOSH COLD MIX PAVING SPECIAL ASSESSMENT ENGINEERING DIVISION CONTRACT NO. DRAWN BROAD STREET 12 -26 7/20=12 WARD REVISED E. MELVIN AVE. TO 11TH E. NEW YORK AVE. 14 13 R L 0 kKJ BALDWIN, FIT70ER LD ADD6N, 12 3 11 4 12 1 3 12 1 BLOCK C �3ALDWIN, KNAPP, f 0 L F 7� r- D 7� D C' 1 t 10 5 4- 312• 318 322 Z 24 23 'Sl 22 21 25 25 THOM PLAT 27 28 z i's 2 9L od K K BALUWIN�KNA�'I'. &FI 3 TZGER LD ADON. 1 11 1 4 141.Cr 51.0 90.0 14 317 1 4— 2 3LO( K P & FI TZCER LD AQ6N. T 3 9 Rename: N PAGE I OF 2 cn BLO K L 4 z BALDWIN, KNAPP, U) 0 z z 0 S < < M Ld 208 214 220 64.0' . 68 STERLING AVE. ,0< Z 132-4 i's 2 9L od K K BALUWIN�KNA�'I'. &FI 3 TZGER LD ADON. 1 11 1 4 141.Cr 51.0 90.0 14 317 1 4— 2 3LO( K P & FI TZCER LD AQ6N. T 3 9 Rename: N PAGE I OF 2 PARCEL I.D. DESCRIPTION OWNER FRONTAGE CALCULATION ASSESSAE3LE LINEAR FEET ESTIMATED PAVING WIDTH ASPHALT PAVING STERLING TOTAL A E MENT 10- 0241 -0000 9D4 MOUNT VERNON S ANDERSON RYAN D 75.0 36.0 $1 565.00 $1 10- 0240 -0000 208 STERLING AVE COWLING ETAL L J 59.0 36.0 $ 1,309 .80 $1 309.80 10 -0239 -0000 214 STERLING AVE SORENS TRUST DOROTHY M 64.0 35.0 $1, 420.8 0 $1,420,80 10-0238- 0000 220 STERLING AVE CHIZEK ALLAN LICARLA R 68.0 36.0 $ 1,509.60 $ 509.60 10.0285.0100 902 EASTMAN S C OWIE MARK C 100.0'! 2'= 50.0 3 6.0 $1.110.00 $1,110.00 10- 0285.0000 312 STERLING AVE HICKEY GERALD E 50.0 36.0 $ 1,110.00 $1 ,110,00 10- 0284 -0000 318 STERLING AVE DOMKE MICHAEL L 60.2 36.0 1 ,336,44 $1,336.44 10 -0283 -0000 322 S TERLING AVE RYAN LAWRENCE J 69.2 36.0 $ 1,536.24 $1 ,536,24 10- 0232 -0000 838 MOU VERN S TOMAN DAVID S 134.0'! 2"» 67.0 36.0 $1, 487.40 $1,487.40 10 -0217 - 0006 221 STERLING AVE SIBLEY MARY E 132,42'1 2*= 66.21 36.0 1469 $ 469.86 10- 0308 -0000 638 EASTMAN ST BELS KYAgAYNE HAKES SUSAN M 141.0'! 2'= 70.5 36.0 $ 1.565,10 10.0292 -0000 317 STERLING AVE RUEDINGER LEROY FIPAT A 51.0 36.0 $ 1,132.20 $1,132.20 10- 0294 -0000 837 GRAND ST FELDNER WAYNE F 90.0 36.0 $ 1,998.00 $1 ,998,00 TOTAL$ $18,650.44 $18,650.44 " CORNER LOT LONG SIDE REDUCTION SHEET 2 OF 2 ASSESSMENT RATES: 36' COLD MIX ASPHALT OVERLAY ASSESSMENT $22.20 PER LINEAR FOOT CITY OF OSHKOSH COLD MIX PAVING SPECIAL ASSESSMENT ENGINEERING DIVISION CONTRACT NO. DRAWN STERLING AVENUE 12 -26 7/20/2012 WARD REVISED MT. VERNON ST. TO 10TW GRAND ST. 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' I I� I ;III 2170 221p 2280 22Bp 2270 ♦/ 4 v I Z} � O 2280 as � s s a 3 z 1 2NC A CN.TO 20 7 T Sl1E3D. 700 W. LINWOOD AVE. 1D i1 12 13 14 t5 r PARCEL #12- 1933 -0000 {p O i9 a O 1 ST A DN.Tp v n C EICHSI'A T SUCD. > Rl 18 8 670.0' ONTARIO ST. 17 to i i j 1s 12 15 14 13 WISCONSIN ST. PAGE 1 OF 2 filenome: ontorio21.dwg CITY OF OSHKOSH COLD MIX A"ALT OVERLAY ENGINEERING DIMSION SPECIAL AS NT CONTRACT NO. DRAWN ONTARIO 12 -26 07 -23 -2012 GRAPHIC U z so too W. UNWOOD AVE. TO SCALE (IN FEET) W SMITH AVE 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' 83.75' 2130 2150 2170 221p 2280 22Bp 2270 2280 as � s s a 3 z 1 2NC A CN.TO EICHISTA T Sl1E3D. 9 1D i1 12 13 14 t5 i6 PARCEL E.D, DESCRIPTION OWNER FRONTAGE CALCULATION ASSESSABLE LINEAR FEET ESTIMATED PAVING WIDTH ASPHALT PAVING ASSESSMENT ONTARIO TOTAL (150.0' ! 2') {150.C' l 2'} +370.0' 12.1 933-0000 700 W LINWOOD AVE FIRST UNITED METHODIST CHURCH = 520.0 36.0 $11,544.00 $11,544.00 12- 2083-0000 620 W LINWOOD AVE SAWITSKI ROBERT AIKAR 83.75 36.0 $ 1,859.25 $ 1,859.25 12- 2082.0000 2130 ONTARIO ST TREWYN RICARDO L 83.75 36.0 $1,859.25 $1,859.25 12- 2081 -0000 215 ONTARIO ST JE SKE JASON W DEBRA M 83.75 36,0 $1,869,26 $1.85925 12- 2080.0000 21700 ST ROBERTS KDRINA J 8375 36.0 1 859.25 1 1,85S.25 12- 2079 -0000 2210 ONTARIO S HITZ DAVID FVR ONDA F 83.75 36.0 $1 1 859.25 12- 2076x0000 2240 ONTARI S T ERDMANN JARED A/M . ELISSA 8375 36.0 1 859.25 1 859.25 12 2077 -0000 2260 ONTARIO S T R ROBERT AIKIMBERL 83175 36.0 $ 1_,859.25 $1,859.25 12. 2076. 0000 2 270 ONTARIO S T LYON BREND 8375 36.0 $1,859.25 $ y e 59.25 TOTALS $26.418.00 $26,418.00 CORNER LOT LONG SIDE REDUCTION SHEET 2 OF 2 ,A RATES 36 COLD MIX ASPHALT OVERLAY ASSESSMENT = $22,20 PER LINEAR FOOT CITY OF OSHKOSH COLD MIX PAVING SPECIAL ASSESSMENT ENGINEERING DIVISION CONTRACT NO, DRAWN ONTARIO STREET 12 -26 7120!2012 WARD REVISED W. LINWOOD AVE. TO 12TH W. SMITH AVE.