HomeMy WebLinkAbout13. 14-426
SEPTEMBER 23, 2014 14-426 RESOLUTION
(CARRIED__7-0_____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: APPROVE INITIAL RESOLUTION DECLARING INTENT TO
REASSESS TAX PARCEL 15-1898-1000 (RECONSTRUCTION
OF JACKSON STREET – MURDOCK AVENUE INTERSECTION)
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the Wisconsin Department of Transportation and the City of
Oshkosh undertook a project to reconstruct the Jackson Street-Murdock Avenue
intersection that included, among other improvements, the construction of a roundabout
to replace traffic signals; concrete paving; asphalt paving; sanitary sewer laterals (new
and relaid); storm sewer main and laterals; sidewalk replacement and repair; concrete
driveway approaches; and streetscaping / landscaping improvements; and
WHEREAS, the total project cost was $4,060,000 with a City share of $1,449,250
pursuant to a Revised State/Municipal Agreement between the City of Oshkosh and the
Wisconsin Department of Transportation; and
WHEREAS, by Final Resolution 10-227, adopted July 27, 2010, the City of
Oshkosh levied special assessments for a portion of its cost of the project (for concrete
paving, sanitary sewer laterals, storm sewer laterals, sidewalk replacement and repair,
concrete driveway approaches and streetscaping/landscaping improvements) against
adjacent properties that were specially benefitted, in the limited and determinable area
described as follows:
Jackson Street – 100’ south of Hobbs Avenue to 500’ north of Murdock Avenue
Murdock Avenue – 450’ west of Jackson Street to Burdick Street
Hobbs Avenue – Jackson Street to 25’ west of Jackson Street
Kentucky Street – Murdock Avenue to 25’ south of Murdock Avenue.
WHEREAS, under Final Resolution 10-227 the assessment rate was $125.81 per
assessable lineal foot; the total assessment was $299,272.13; and the assessments for
Tax Parcel 15-1898-1000, owned by CED Properties LLC, was $19,241.73 for the
Murdock Avenue frontage and $19,404.93 for the Jackson Street frontage; and
SEPTEMBER 23, 2014 14-426 RESOLUTION
CONT'D
WHEREAS, CED Properties appealed its assessments on grounds that there
were no special benefits to its property, and that the City of Oshkosh failed to comply
with statutory requirements; and
WHEREAS, the special assessments for CED Properties, LLC, were declared
invalid for failure to comply with statutory assessment requirements by an Amended
Judgment in Case No. 10-CV-1866, Winnebago County Circuit Court; and
WHEREAS, Section 66.0703(10) Wis. Stats., authorizes the governing body to
reassess properties where the special assessment is found to be invalid,
NOW THEREFORE, BE IT RESOLVED by the City of Oshkosh Common Council
as follows:
1. The City of Oshkosh Common Council hereby declares its intent to exercise its
police powers under Sections 66.0703(1)(b) and 66.0703(10) Wis. Stats., to reassess
Tax Parcel 15-1898-1000 for special benefits from the Jackson-Murdock intersection
reconstruction project.
2. The intersection reconstruction improvements included the construction of a
roundabout to replace traffic signals; concrete paving; asphalt paving; sanitary sewer
laterals (new and relaid); storm sewer main and laterals; sidewalk replacement and
repair; concrete driveway approaches; and streetscape/ landscaping improvements.
3. The City of Oshkosh Common Council hereby finds that the reconstruction
project provided special benefits to Tax Parcel 15-1898-1000 and that the project
promoted the public health, safety, comfort, convenience and welfare of the City of
Oshkosh and the assessment area as described above. The purpose of the project is to
reduce congestion at the intersection, increase traffic safety, renew utilities and
enhance aesthetics.
4. The City of Oshkosh Common Council determines that the special assessment
be made under the police power of Section 66.0703(1)(b) Wis. Stats., and that the
amount assessed against Tax Parcel 15-1898-1000 shall be made upon a reasonable
basis not to exceed total construction and material costs, including engineering fees,
attorneys' fees, publication expense and other appropriate administrative expenses.
5. The City of Oshkosh Common Council declares its preliminary intent that the
reassessments against the benefited property 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
SEPTEMBER 23, 2014 14-426 RESOLUTION
CONT'D
balance. The City of Oshkosh Common Council also declares its preliminary intent that
one consolidated assessment for each street frontage be levied, and that assessment
payments be allocated to the proper account.
6. The Project Report, consisting of plans and specifications; sources of funding;
maps of the proposed assessment area and property; an estimate of the entire cost of
the project; the purpose of the project; a statement that the property against which the
assessments are proposed is benefited; and the schedule of proposed reassessments,
is attached.
7. The City Clerk is directed to prepare and publish a Class One Notice of Public
Hearing as specified in Section 66.0703(7) Wis. Stats. The Notice of Public Hearing
shall state the time and place at which all persons interested, or their agents or
attorneys, may appear before the City of Oshkosh Common Council and be heard
concerning the matters contained in the Preliminary Resolution and Project Report,
which shall be a public hearing. A copy of the Notice of Public Hearing, and the
Preliminary Resolution together with the Project Report shall be mailed at least 10 days
before the hearing date to all interested persons whose post office addresses are
known, being the abutting property owners in the assessed area. The public hearing
shall commence not less than 10 days nor more than 40 days after publication. The
public hearing shall be held at City Hall, 215 Church Avenue, Oshkosh, Wisconsin.
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkos 5 903-1130 City of Oshkosh
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TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: September 18, 2014
RE: Initial Resolution Declaring the Intent to Reassess Tax Parcel 15-1898-
1000 (Reconstruction of Jackson Street— Murdock Avenue Intersection)
BACKGROUND
The Wisconsin Department of Transportation and the City of Oshkosh reconstructed the
Jackson Street-Murdock Avenue Intersection in 2010. The project included, among
other improvements, the construction of a roundabout to replace traffic signals; concrete
paving; asphalt paving; sanitary sewer laterals (new and relaid); sanitary sewer main;
water main; water laterals (new and relaid); storm sewer laterals; sidewalk replacement
and repair; concrete driveway approaches; and streetscaping/landscaping
improvements. The total project cost was $4,060,000 with a City share of$1,449,250.
By resolution adopted in 2010, the City had levied special assessments for a portion of
the City's costs of the project against adjacent properties that were specially benefited.
CED Properties, LLC owns one of the parcels on the corner of Jackson Street and
Murdock Avenue (the Taco Bell property) that was assessed in 2010. CED Properties,
LLC appealed its assessments by alleging that there were no special benefits to their
property and that the City had failed to comply with certain statutory requirements prior
to the assessment. After litigation of the matter and appeal, the court did not decide any
questions related to whether or not special benefits were conferred to the property, but
instead invalidated CED's property assessment due to a procedural error.
ANALYSIS
Section 66.0703(10) of the Wisconsin Statutes allows the governing body to reassess
properties where a special assessment has been found to be invalid. Staff has
corrected the procedural deficiencies from the original assessment and prepared a new
Project Report providing additional detail in support of the proposed reassessment of
the CED Properties, LLC parcel. The assessment amount for CED Properties parcel is
the same as the amount originally assessed to the CED Properties, LLC parcel in 2010.
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The court decision affected only the CED parcel and assessments for all other
properties previously assessed for the intersection project remain as determined by the
Council per the Final Resolution pertaining to this project adopted in 2010.
FISCAL IMPACT
The total assessments for the Jackson Street — Murdock Avenue intersection project
were $299,272.13 and the assessment for tax parcel 15-1898-1000 owned by CED
Properties, LLC was $19,241.73 for the Murdock Avenue frontage and $19,404.93 for
the Jackson Street frontage.
RECOMMENDATION
Staff recommends approval of the Initial Resolution Declaring the Intent to Reassess tax
parcel 15-1898-1000 owned by CED Properties, LLC.
Res cifully Submi ed, Approved:
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Lynn . Lorenso Mark A. Rohloff
City Attorney City Manager