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HomeMy WebLinkAbout01. 13-364 AUGUST 13, 2013 13-364 RESOLUTION (CARRIED__7-0___LOST_______LAID OVER_______WITHDRAWN________) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR CONTRACT 11-04 / PAVING, SIDEWALK, DRIVEWAY, & UTILITIES / FIRST LOCAL STREET CONCRETE PAVING PROGRAM – CENTRAL CITY AREA INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of August, 2013, 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 January 25, 2011, by the Oshkosh Common Council of the following named streets: Concrete Paving, Asphalt Paving, Concrete Curb and Gutter, Sanitary Sewer Laterals (New & Relay), Water Laterals (New & Relay), Storm Sewer Laterals (New & Relay), Sidewalk Repair, New Sidewalk, and Concrete Driveway Approach: Osceola Street from Fox River to Algoma Boulevard Algoma Boulevard from 50’ west to 100’ east of Elmwood Avenue Pearl Avenue from 25’ west to 25’ east of Osceola Street Elmwood Avenue from Algoma Boulevard to Vine Street John Avenue from Elmwood Avenue to McKinley Street McKinley Street from 50’ north to 50’ south of John Street High Avenue from 25’ west to 25’ east of Osceola Street Amherst Avenue from Elmwood Avenue to 50’ east Irving Avenue from Elmwood Avenue to 50’ east Lincoln Avenue from Elmwood Avenue to 50’ east Scott Avenue from Elmwood Avenue to 50’ east Woodland Avenue from Elmwood Avenue to 225’ east Prospect Avenue from Elmwood Avenue to 50’ east Church Avenue from Franklin Street to N. Main Street Franklin Street from Church Avenue to 50’ north Central Street from Church Avenue to 50’ north Division Street from 75’ south to 75’ north of Church Avenue Packer Avenue from Algoma Boulevard to 100’ west of Clover Street AUGUST 13, 2013 13 -364 RESOLUTION CONT'D 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 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 Of HKOIH P.O. Box 113D Oshkosh, WI ON THE WATER 54902 -1130 August 2, 2013 Dear Property Owner., Please find enclosed the following documents for your information and review: 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 to reopen the Public Hearing to be held by the Oshkosh Common Council on August 13, 2013 to reconsider the assessable costs, which will be set with the adoption of the final resolution, also scheduled for adoption on August 13, 2013. 4. Special assessment payment plan options explaining the payment choices after Contract No. 11-04 is certified as complete — payment choice or payment is not accepted at this time. 5. Assessment sheet indicating properties involved in the project, the property footage, prices per foot and final calculated costs of the 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 f rl 1 PAMELA R. UBRIG CITY CLERK J CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh 0— QlHKOlH July 29, 2013 Subject: Re- Opening of the Public Hearing for Assessments — Increases above the Original Estimates City Contracts 11 -04, 12 -04, 12 -05, and 12 -07 To: Property Owners Adjacent to Completed City Construction Projects The City of Oshkosh completed all of the construction work on a street adjacent to your property. Final touch up and restoration items may need to be completed yet. Final construction costs have been calculated and portions of these costs were special assessed against the benefiting property. Unfortunately, some of the assessable items' costs were higher than the estimated costs provided earlier to you. In some cases, where the property is located on a corner lot, the laterals needed to be installed on the opposite street than was indicated on your original estimate. Therefore, in those cases, the costs on one street will be lower than on the original estimate, and will be higher on the other street. Enclosed with this packet are sheets showing the final calculated costs. These costs are based on the actual quantity of work performed and the actual cost of the work. Items where the final cost exceeded the estimated cost are printed in red and marked with 11^^11 on each sheet. The original assessment amounts are shown with a line through it, if the amount changed. If the cost of an assessable item decreased, the reduced amount is shown. Decreases occurred because of lower than estimated construction cost or reduced quantities being installed. On Tuesday, August 13, 2013, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall, the Common Council will re -open the public hearing to reconsider the assessable costs. Only the assessable items with increased costs, those in red and marked on the enclosed sheets, are subject to the re- opened public hearing. Please contact the Engineering Division of the Department of Public Works at (920)236 -5065 with any questions about the individual assessment costs or calculations. Sincerely, Steven M. Gohde, P.E. Assistant Director of Public Works / City Engineer SMG /t1t Enclosures I:\Engineering \I1 -04 Concrete Paving and Utilities Northeast\ Project_ Information \Comespondence\Letters \11 -04 Prop Owners' Ltr-Re -Open Pub Hearing for Assessments_7- 26- 13.docx JANUARY 25, 2011 11 -25 F'N RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN_) PURPOSE: APPROVAL OF INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS /PAVING, SIDEWALK, DRIVEWAY, AND UTILITIES /FIRST LOCAL STREET CONCRETE PAVING PROGRAM — CENTRAL CITY AREA 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: Concrete Paving, Asphalt Paving, Concrete Curb and Gutter, Sanitary Sewer Laterals (New & Relay), Water Laterals (New & Relay), Storm Sewer Laterals (New & Relay), Sidewalk Repair, New Sidewalk, and Concrete Driveway Approach: Osceola Street from Fox River to Algoma Boulevard Algoma Boulevard from 50' west to 100' east of Elmwood Avenue Pearl Avenue from 25' west to 25' east of Osceola Street Elmwood Avenue from Algoma Boulevard to Vine Street John Avenue from Elmwood Avenue to McKinley Street McKinley Street from 50' north to 50' south of John Street High Avenue from 25' west to 25' east of Osceola Street Amherst Avenue from Elmwood Avenue to 50' east Irving Avenue from Elmwood Avenue to 50' east Lincoln Avenue from Elmwood Avenue to 50' east Scott Avenue from Elmwood Avenue to 50' east Woodland Avenue from Elmwood Avenue to 225' east Prospect Avenue from Elmwood Avenue to 50' east Church Avenue from Franklin Street to N. Main Street Franklin Street from Church Avenue to 50' north Central Street from Church Avenue to 50' north Division Street from 75' south to 75' north of Church Avenue Packer Avenue from Algoma Boulevard to 100' west of Clover Street JANUARY 25, 2011 11 -25 RESOLUTION CONT'D 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. 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. #3 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: CONTRACT NO 11 -04 STORM SEWER LATERAL Packer Avenue from 24.37' east of Algoma Boulevard to 11 5' west of Clover Street CONTRACT NO 12 -04 SANITARY SEWER LATERALS, STORM SEWER LATERALS, SIDEWALK & CONCRETE DRIVEWAY APPROACH Michigan Street from 6.1' north of W. 18th Avenue to 6.1' north of W. 17th Avenue Michigan Street from South Park Avenue to 6.0' south of 11th Avenue CONTRACT NO 12 -05 SANITARY SEWER LATERALS, STORM SEWER LATERALS & SIDEWALK W. 6th Avenue from Dakota Street to 11.9' west of Ohio Street CONTRACT NO 12 -07 SANITARY / WATER SERVICE, SANITARY SEWER LATERALS & SIDEWALKS School Avenue from Broad Street to Bowen Street Bay Street from 4.6' north of Otter Avenue to 7.3' south of Washington Avenue Boyd Street from 2.4' north of Washington Avenue to Merritt Avenue 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 13, 2013. 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: 8/3/2013 CITY CLERK Fr'i SPECIAL ASSESSMENT PAYMENT PLAN OPTIONS AFTER CONTRACT NO. 11 -04 IS CERTIFIED AS COMPLETE CONTRACT NO 11 -04 WILL CONSIST OF: CONCRETE PAVING, ASPHALT PAVING, CONCRETE CURB AND GUTTER, SANITARY SEWER LATERALS (NEW & RELAY), WATER LATERALS (NEW & RELAY), STORM SEWER LATERALS (NEW & RELAY), SIDEWALK REPAIR, NEW SIDEWALK, AND CONCRETE DRIVEWAY APPROACH: Osceola Street from Fox River to Algoma Boulevard Algoma Boulevard from 50' west to 100' east of Elmwood Avenue Pearl Avenue from 25' west to 25' east of Osceola Street Elmwood Avenue from Algoma Boulevard to Vine Street John Avenue from Elmwood Avenue to McKinley Street McKinley Street from 50' north to 50' south of John Street High Avenue from 25' west to 25' east of Osceola Street Amherst Avenue from Elmwood Avenue to 50' east Irving Avenue from Elmwood Avenue to 50' east Lincoln Avenue from Elmwood Avenue to 50' east Scott Avenue from Elmwood Avenue to 50' east Woodland Avenue from Elmwood Avenue to 225' east Prospect Avenue from Elmwood Avenue to 50' east Church Avenue from Franklin Street to N. Main Street Franklin Street from Church Avenue to 50' north Central Street from Church. Avenue to 50' north Division Street from 75' south to 75' north of Church Avenue Packer Avenue from Algoma Boulevard to 100' west of Clover Street Included in this mailing, is an estimated amount (quantities and costs) of the special assessment (sheet #4) against your property or properties. A statement of the same is on file in the office of the City Clerk. Once Contract No. 11 -04 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. TEN 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 ten- (10) 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 ten -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $500.00.) FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) 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 fifteen- (15) year period. The annual assessment payment and interest will be included in each year's tax bill payment. 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