HomeMy WebLinkAbout08. 18-67 FEBRUARY 13, 2018 18-67 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND SPECIAL ASSESSMENT POLICY RELATIVE TO
UPDATING ZONING CODE REFERENCES, LATERALS AND
DRIVEWAYS
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh Special Assessment Policy relies upon zoning
classifications of properties as part of the methodology to determine assessments and the
zoning code for the City was updated in 2017 making updates to the Special Assessment
Policy necessary to comply with the revised zoning designations; and
WHEREAS, additional updates are recommended to establish consistency
between the method of assessment for storm water laterals, water laterals and sanitary
sewer laterals, to establish consistency between the methods of assessment for driveway
apron replacement within a street reconstruction project and the City's sidewalk
rehabilitation program, to allow the City to recover a portion of the pavement restoration
costs when new sewer or water mains are installed or laterals are replaced in existing
streets and additional changes to match current construction best practices; and
WHEREAS, the recommended amendments have been incorporated into the
attached Policy for Special Assessments.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Policy for Special Assessments is hereby approved.
r,A
City
of
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of thZComonCouncil
FROM: James Rabe, Director of Public Work
DATE: February 8, 2018
RE: Amend Special Assessment Policy Relative to Updating Zoning Code References,
Laterals, and Driveways
BACKGROUND
The City of Oshkosh (City) has a Special Assessment Policy that directs how special assessments
are calculated. The policy uses zoning district classifications of properties as part of the
methodology to determine special assessments. As a result of the new Zoning Code, the
assessment policy zoning district categories no longer exist, requiring the Policy to be updated to
match the new zoning districts. Additional updates are included to treat storm sewer and water
laterals more similar to sanitary sewer laterals and to treat drive apron replacement the same
within a street reconstruction project and the City's sidewalk rehabilitation program. The final
significant update allows the City to recover a portion of the pavement restoration costs when
new sanitary sewer or water mains are installed or laterals are replaced in existing streets.
Additional changes were made to better match the policy with current construction best practices.
ANALYSIS
The Department of Public Works reviewed the new zoning district classifications contained
within the new Zoning Code and compared them to the previous classifications listed in the
Special Assessment Policy. The Assessment Policy used the zoning classifications of R-1, R-2, R-
3, R-4, and Other to determine the width of a street and the portion of cost a property would be
assessed for an abutting project. Based on the new zoning classifications, all "Single Family
Residential" (SR), "Duplex Residential" (DR), and "Two Family Residential" (TR) categories
would replace the R-1 and R-2 districts. These properties would be capped at paying for 33% of
a 32' wide street. The classifications of "Multi -Family Residential" (MR), "Mobile Home
Residential" (MH), and "Institutional" (1) would replace the R-3 and R-4 properties. These
properties would be capped at paying for 33% of a 36' wide street. All remaining categories will
continue to be in the "Other" properties for special assessment and be capped at 37.5% of a 48'
wide street.
Changes to the lateral assessment calculation include averaging the cost of laterals by size and
allowing for partial lateral replacements, so property owners with less expensive work are not
1:\Engineering\Tracy Taylor\Memos to Mayor&Common Council\2018\Amend Special Page I oft
Assessment Policy_2-8-18.dooc
offsetting the cost of other properties. Other changes bring the storm sewer and water lateral cost
calculations to be in line with the sanitary sewer lateral cost calculations. This includes charging
for pavement restoration, if the work is not part of a paving project, and giving a 50% credit for
replacing the previously -installed storm sewer laterals.
The Area Assessment Rate calculations for installation of new sanitary sewer or water mains to
service a new area is modified to include the cost of restoring the pavement. Previously, the
Wastewater Utility or the Water Utility were not able to collect any portion of the pavement
restoration needed to extend main service to new areas.
FISCAL IMPACT
Updating the Policy to match the current Zoning Code does not have a fiscal impact. The updates
to the lateral assessment and driveway assessments will have a negligible impact to project
budgets. The updates to the area assessments will allow the City, specifically the Wastewater
and Water Utilities, to recover a larger portion of the cost to install new mains to serve previously -
unserved areas.
RECOMMENDATIONS
I recommend approval of the proposed amendment to the Special Assessment Policy.
Approved,
Mark A. Rohloff
City Manager
JER/tlt
I:\ Engineering \ Tracy Taylor \ Memos to Mayor & Common Council \2018\ Amend Special Page 2 of 2
Assessment Policy_2-8-18.docx
CITY OF OSHKOSH
POLICY FOR SPECIAL ASSESSMENTS
I. STREET CONSTRUCTION AND RECONSTRUCTION
A. GENERAL
1. Assessments shall be levied according to the front foot dimensions of the abutting
property to the improvement except as noted below. (Res. #00-37)
Assessments to be levied for non -residentially zoned property located along the
US Highway 41 frontage road system shall be levied in accordance with a zone
system. (Res. #00-37) The zone established shall be parallel with the proposed
street improvement and include all property lying one-half the distance from the
proposed improvement to a parallel street, up to a maximum of 500 feet from the
proposed improvement. The assessment zones shall be divided into three (3)
subzones; each of which would constitute one-third of the depth of the zone. The
owners of the property in the first subzone which is closest to the improvement
shall pay 50% of the cost per lineal foot. Owners of the property in the second
subzone shall pay 30% of the cost per lineal foot. The owners of the property in
the third subzone, the farthest from the improvement, shall pay 20% of the cost
per lineal foot.
Assessments for cold mix overlay, regardless of zoning, shall be levied according
to the front foot dimensions of the abutting property to the improvement. The
assessment rate for all properties abutting the improvement shall be two-thirds of
the actual cost for the cold mix overlay project, including those costs attributable
to intersections, for a maximum width of 36 feet and a maximum thickness of 3
inches. (Res. #98-249)
2. The standard width for streets are: local street — 32 feet from face of curb to face
of curb (f -f); collector street — 36 feet wide f -f; and arterial streets — 48 feet wide f -f.
The Public Works Director shall recommend to the Oshkosh Board of Public
Works any variation from the standard width. (Res. #18- ) The warrants
required for a local street to be built greater than 32 feet wide shall be the
following: average daily traffic of 1500 vehicles per day, or population density as
indicated by a multi -family residential zoning designation, or an existing
development that generates unusual traffic conditions such as a
business/industrial establishment, a school, or a church. The Board of Public
Works will approve the location of all local streets to be constructed greater than
32 feet wide f -f. (Res. #99-256)
Page 1 of 10
3. The City will assume the entire cost of improving all intersections, utility
replacement (including storm sewer installation) associated with the
improvement. Any utility laterals installed to vacant properties shall be assessed
at full cost to the abutting property. Active sanitary sewer and storm sewer
laterals found necessary to be replaced during street construction shall have 50%
of the cost assessed to the abutting property. (Res. #13-109/Res #18- )
4. Assessments for property owned and used exclusively for residential uses shall be
assessed as residential property, irrespective of zoning. Properties with one (1) or
two (2) dwelling units will be treated as "Residential 1" properties. Properties
with more than two (2) dwelling units, churches, schools, or any similarly -used
tax-exempt property shall be treated as "Residential 2" properties. Assessments
for property owned and used partially or totally for commercial or industrial
purposes shall be assessed as "Other" property, irrespective of zoning. (Res. #01-
35/Res. #01-337/Res. #18- ) See Table 1. (Res. #18- )
5. If the driveway apron was unimproved prior to the street improvement or in such
deteriorated condition as to require repair or replacement under the City's
Rehabilitation Project, it shall be paved with a permanent surface in conjunction
with the street improvement project. This cost will be assessed to the property
owner. If the driveway apron was previously improved and in good condition, it
shall be replaced with similar materials at no expense to the property owner. Costs
related to an increase in size will be assessed. (Res. #00-37/Res. #18- )
6. In street reconstruction projects with asphaltic resurfacing, the cost of replacement
of curb and gutter, which is incidental to asphalt reconstruction, shall be assessed
uniformly throughout the project.
7. Trees for Property Owners: When trees are removed for street improvement
projects, the City will provide, at property owner request and at City expense, as
large a tree as is possible to safely and conveniently plant in the terrace or front
yard of any property owner, to replace the tree removed during construction;
provided the owner grants the City a cost-free temporary easement for planting
the tree.
The Department of Public Works will send a written notice to the affected property
owners offering a tree replacement. Property owners must submit their requests
in writing within 30 days of the date of the written notice.
The selection and placement of the replacement tree shall be made by the City
Forester in consultation with the property owner, but the selection and placement
shall be based on criteria used by the City Forester for terrace tree plantings
throughout the City. (Res. #00-208)
Page 2 of 10
B. ASSESSMENTS
1. Rates (Res. #99-256 & Res. #00-37)
The assessable costs will be the portion of nominal construction costs in
accordance with the following table: (Res. #99-393)
TABLE 1
ZONING
IMPROVEMENT Residential Residential Other
(All SR. DR. & TR) (All MR. HR. & 1) (All other zoning)
(Res. #02-391)
(Res. #18-
2. Assessments will be reduced proportionately for street improvements less than
the maximum width. The assessment shall identify a cost for curb, or curb and
gutter, repair or replacement, and regular pavement or resurfacing cost. For
streets either paved or resurfaced less than the maximum width, the pavement or
resurfacing portion of the assessment, exclusive of the curb or curb and gutter
costs, shall be reduced proportionately to account for the lesser width of
pavement.
3. For any corner lots, the assessment rate would be reduced by 50% on the long side
of the lot, as platted, up to a maximum deduction of 75 lineal feet. The short side
of the lot, as platted, shall pay 100% of the assessment rate. For any lot which abuts
two (2) streets and has a third side with frontage abutting an alley, the assessment
rate shall be reduced by 50% on the alley side of the lot. (Res. #08-300)
4. For any lot 200 feet or less in depth, abutting two (2) streets, front and rear, the
assessment rate shall be reduced 50% at the rear lot line.
5. The assessable frontage for cul-de-sac lots should be calculated along the 25 foot
setback line of each lot.
6. On corner lots where both sides have equal frontages, the side to be considered
the short side is the side that has the street address for the property.
Page 3 of 10
Max
Max
Max
Max
Max
Max
o
/�
o
��
o
/�
Width
Thick
Width
Thick
Width
Thick
Grade & Gravel
100
36'**
---
100
40'**
---
100
52'**
---
Asphaltic Concrete Resurfacing (single pass
662/3
32'
2"**
662/3
36'
2"**
75
48'
2"**
resurfacing operation)
Asphaltic Concrete Pavement Resurfacing
662/3
32'
3"
662/3
36'
3"
75
48'
5"*
with curb improvements and two passes
Concrete Pavement
662/3
32'
7"
662/3
36'
7"
75
48'
8"
(Res. #02-391)
(Res. #18-
2. Assessments will be reduced proportionately for street improvements less than
the maximum width. The assessment shall identify a cost for curb, or curb and
gutter, repair or replacement, and regular pavement or resurfacing cost. For
streets either paved or resurfaced less than the maximum width, the pavement or
resurfacing portion of the assessment, exclusive of the curb or curb and gutter
costs, shall be reduced proportionately to account for the lesser width of
pavement.
3. For any corner lots, the assessment rate would be reduced by 50% on the long side
of the lot, as platted, up to a maximum deduction of 75 lineal feet. The short side
of the lot, as platted, shall pay 100% of the assessment rate. For any lot which abuts
two (2) streets and has a third side with frontage abutting an alley, the assessment
rate shall be reduced by 50% on the alley side of the lot. (Res. #08-300)
4. For any lot 200 feet or less in depth, abutting two (2) streets, front and rear, the
assessment rate shall be reduced 50% at the rear lot line.
5. The assessable frontage for cul-de-sac lots should be calculated along the 25 foot
setback line of each lot.
6. On corner lots where both sides have equal frontages, the side to be considered
the short side is the side that has the street address for the property.
Page 3 of 10
7. In the case of an extremely irregular shaped lot, assessments shall be based on the
theoretical equivalent -sized lot. The assessable front footage of an extremely
irregular-shaped lot shall be found by dividing the total square footage of the lot
by the average lot depth in the area. As an alternative to the determination of the
assessable front footage for non-residential property, the assessable front footage
may be calculated by taking the front footage and subtracting any front footage
which has less than a 75 foot depth measured perpendicularly from the front lot
line. (Res. #95-293)
8. In cases of assessments to be levied for non -residentially zoned property located
along the US Highway 41 frontage roads where only one (1) side of the
improvement can be assessed, the assessable side shall be assessed at a rate of
150% of the normal rate. (Res. 02-391)
9. When state and/or federal aids are available, they will first be applied to the City's
share of the cost of the project. Any remaining funds will be applied to reduce
special assessments on a uniform basis.
10. For other than residentially -zoned property, the assessment rates shall be reduced
by 66 2/3% in Subzone One, if the established grade of the portion of the street
abutting the property is ten (10) or more feet different from the average grade of
Subzone One. If the difference in the established grade and the average grade of
Subzone One is between 5 and 10 feet, the assessment rate shall be reduced by 33
1/3%.
11. For paving in residential -zoned areas, the assessment rate for frontage shall not
exceed one-third of the assessable construction cost divided by the total assessable
frontage feet. For 32 -feet wide f -f concrete pavement in residential -zoned areas
during the 2002 construction season, the assessment rate shall not exceed $47.60
per lineal foot. For the subsequent years, the assessment rate shall not be increased
by more than 15% per year. (Res. #99-393, Res. #00-37 & Res. #02-423)
12. (Repealed by Res. #02-423)
Page 4of10
C. CALCULATION OF STREET ASSESSMENT RATE
1. After contracts are awarded for street construction in a construction year, the
assessment rate for the following year shall be calculated by the Public Works
Director of the City of Oshkosh. The Public Works Director shall determine the
cost per lineal foot of a nominal 32 foot, 36 foot, and 48 foot pavement, respectively.
The nominal cost shall include all costs associated with pavement removal,
subgrading, subbase, base, and surface pavement. The cost of terrace restoration
and sawing and jointing, as well as adjusting or reconstructing existing utility
manhole and storm inlets, shall also be included in the nominal cost. The
calculation shall presume a 7 inch thickness for 32 foot and 36 foot pavement and
an 8 inch thickness for 48 foot pavement. (Res. #99-256/Res. #18- )
Similar calculations shall be made by the Public Works Director for costs
associated with asphalt concrete resurfacing, with or without curb and gutter
improvements. Similar calculations shall be made regarding the actual cost of
grading and graveling the streets.
2. The Public Works Director shall present the results of this study to the Oshkosh
Board of Public Works, who shall review the report and make whatever
modifications are necessary to ensure fairness in the calculation of the assessment
rates. The Board of Public Works shall then certify to the Public Works Director
the rates for each type of street construction and reconstruction to be used in the
following year's street construction or reconstruction projects. The calculation
shall be rounded off to the nearest $0.10 per lineal foot.
3. All nominal rates for types of improvement shall include the factor of 12% of the
construction cost, which shall be considered to reimburse the City for all
engineering and administrative costs.
H. SIDEWALKS
A. GENERAL
1. Assessments will be levied according to the front foot dimensions of abutting
property.
2. The assessment rate for all sidewalk construction will be determined on the basis
of assessing 100% of the cost of the sidewalk installation.
3. All sidewalks in street intersections (beyond the property corner), which are
considered crosswalks, shall be installed at a cost to the City.
Page 5 of 10
III. SANITARY SEWERS
A. GENERAL
1. Assessments for new sanitary sewer mains shall be levied according to a square
foot cost uniformly distributed over a zone, which shall be parallel with the
proposed sewer improvement and include all property lying within 120 feet of the
public right-of-way containing the sanitary sewer improvement.
B. CALCULATION OF AREA ASSESSMENT RATE
1. After contracts are awarded for sewer construction in a construction year, the
assessment rate for the following year shall be calculated by the Public Works
Director of the City of Oshkosh. The Public Works Director shall determine the
cost per lineal foot of a nominal 8 inch sanitary sewer installed at a depth between
8 and 10 feet, backfilled with aggregate and one (1) standard manhole installed
every 350 feet. The nominal cost shall not include any extra or special manholes
or other sewer appurtenances and shall presume no removal of pavement is
necessary for sewer installation. Additional calculations shall be done to calculate
the cost to repair the street pavement. A separate calculation shall be done for
asphalt pavement and concrete pavement. The calculation shall be based on an 8
foot wide trench for restoration and shall include any sawcutting, grading, and
manhole adjustment typically required. Based on the location of the proposed
sewer extension, the assessment rate will include the cost of the sewer and
appropriate street patch, if necessary. (Res. #18- )
2. The Public Works Director shall present the results of the study to the Oshkosh
Board of Public Works who shall review the report and make whatever
modifications are necessary to ensure fairness in the calculation of the assessment
rate. The Board of Public Works shall then certify to the Public Works Director the
rates for sewer construction to be used in the following year's sewer construction
projects.
3. All nominal rates shall include a factor of 12% of the construction cost, which shall
be considered to reimburse the City for all engineering and administrative costs.
C. SANITARY SEWER LATERALS
1. For sanitary sewers installed in streets, which necessitate the installation of lateral
connections to the right-of-way line, the cost of the lateral shall be determined and
shall be assessed at 100% of the estimated cost. (Res. #13-109)
Page 6 of 10
2. For active sanitary sewer laterals which need to be reconstructed or re -lined on a
City -funded paving project, the cost of the lateral shall be determined and shall be
assessed at 50% of the cost, as explained in Item I.A.3. (Res. #13-109/Res. #18- )
3. When the installation of lateral connections or reconstruction of active sanitary
sewer laterals is not part of a City -funded paving construction project, the cost to
remove and restore the pavement will be assessed to the benefitting property
owner. (Res. #13-109)
4. The special assessment charge for the cost of the lateral will be averaged, by size,
so each property owner pays the same special assessment charge, on a given
project, for the same size service. As an exception, City -funded sanitary sewer
lateral lining and partial lateral replacements, within the project limits, will be
assessed for the actual lateral footage lined or relayed to the benefitting property.
All special assessment charges shall include a factor of 12% of the construction
cost, which shall be considered to reimburse the City of all engineering and
administrative costs. (Res. #13-109/Res. #18- )
IV. WATER MAIN INSTALLATION
A. GENERAL
Assessments for new water mains shall be levied according to a square foot cost
uniformly distributed over a zone, which shall be parallel with proposed water
improvements and include all property lying within 120 feet of the public right-
of-way containing the water main improvement.
Page 7 of 10
B. CALCULATION OF AREA ASSESSMENT RATE
1. After contracts are awarded for water construction in a construction year, the
assessment rate for the following year shall be calculated by the Public Works
Director of the City of Oshkosh. The Public Works Director shall determine the
cost per lineal foot of a nominal 8 inch water main installed at a depth between 6
and 8 feet, backfilled with aggregate, and an 8 inch gate valve and a standard
hydrant every 600 feet. The nominal cost will not include any other or special
valves, hydrants, or other water utility appurtenances and shall presume no
removal of pavement that is necessary for the water main installation. Additional
calculations shall be done to calculate the cost to repair the street pavement. A
separate calculation shall be done for asphalt pavement and concrete pavement.
The calculation shall be based on an 8' wide trench for restoration and shall include
any sawcutting and grading and manhole adjustment typically required. Based
on the location of the proposed water main extension, the assessment rate will
include the cost of the water main and appropriate street patch, if necessary. (Res.
18- )
2. The Public Works Director shall present the results of the study to the Oshkosh
Board of Public Works who shall review the report and make whatever
modifications necessary to ensure the fairness in the calculation of the assessment
rate. The Board of Public Works shall then certify to the Public Works Director the
rates for water main construction to be used in the following year's water
construction projects.
3. All nominal rates shall include a factor of 12% of the construction cost, which shall
be considered to reimburse the City for all engineering and administrative costs.
C. WATER LATERALS
1. For water mains installed in streets, which necessitate the installation of lateral
connections to the right-of-way line, the cost of the lateral shall be determined and
be assessed at 100% of the estimated cost. The special assessment charge for the
cost of the lateral will be averaged, by size, so each property owner pays the same
special assessment charge on a given project for the same size service. (Res #18-
2. For water laterals larger than 2 inches in size, relayed with a City project, 100% of
the estimated cost shall be assessed. The special assessment charge for the cost of
the lateral will be averaged, by size, so each property owner pays the same special
assessment charge on a given project for the same size service. (Res #18- )
Page 8 of 10
3. When the installation of lateral connections is not part of a City -funded paving
construction project, the cost to remove and restore the pavement will be assessed
to the benefitting property owner. (Res. #18- )
4. The special assessment charge for the cost of the lateral will be averaged, by size,
so each property owner pays the same special assessment charge on a given project
for the same size service. As an exception, partial lateral replacements, within the
project limits, will be assessed for the actual lateral footage relayed to the
benefitting property. All special assessment charges shall include a factor of 12%
of the construction cost, which shall be considered to reimburse the City of all
engineering and administrative costs. (Res. #18- )
V. STORM SEWERS
A. GENERAL
1. The cost of installing storm sewers necessary for street drainage shall not be
assessed to the abutting property owners.
2. Assessments for special storm sewer laterals installed for the specific purpose of
providing storm sewer connections for clear water sump pumps from buildings to
the public right-of-way shall be levied at a fixed dollar amount per assessable
connection. (Res. #00-37/Res. #18- )
B. CALCULATION OF AREA ASSESSMENT RATE
1. Area assessment calculations are not used for storm sewer main installation. (Res
#18- )
C. WAIVER OF FEES
1. All fees for plumbing permits necessary for the connection of sump pump drains
to existing storm sewer systems, existing storm sewer laterals, and special ("mini')
storm sewers are hereby waived for the property owner if the private property
connection is completed in the same calendar year as the public contract
construction of any storm sewer lateral to the property. These plumbing permit
fees shall be paid by the City of Oshkosh Storm Water Utility. (Res. #10-409 & #12-
415/Res #18- )
D. STORM SEWER LATERALS
1. The assessment rate for special purpose storm sewer laterals shall be $750 per
assessable connection, not to exceed 100% of the cost for the installation of the
Page 9 of 10
special storm sewer lateral. (Res. #00-37/Res. #12-49) The rate shall be reduced to
$400 shall the property owner not need a lateral inlet due to connecting the special
purpose storm sewer lateral to an underground connection to the clear water
sump pump on the property. (Res #18- )
2. For storm sewer installed in streets, which necessitate the installation of non -
special purpose storm sewer lateral connections to the right-of-way line, the cost
of the lateral shall be determined and shall be assessed at 100% of the estimated
cost. (Res. #11-123/Res #18- )
3. For any active storm sewer laterals which need to be reconstructed on a City -
funded paving construction project, the cost of the lateral shall be determined as a
storm sewer lateral, and not as a special storm sewer lateral, and shall be assessed
at 50% of the cost as explained in Item I.A.3. (Res #18- )
4. When the installation of non -special purpose storm sewer lateral connections or
reconstruction of any active storm sewer laterals is not part of a City -funded
paving construction project, the cost to remove and restore the pavement will be
assessed to the benefitting property owner. (Res #18- )
5. The special assessment charge for the cost of the non -special purpose storm sewer
lateral will be averaged, by size, so each property owner pays the same special
assessment charge on a given project for the same size service. As an exception,
partial lateral replacements, within the project limits, will be assessed for the actual
lateral footage relayed to the benefitting property. All special assessment charges
shall include a factor of 12% of the construction cost, which shall be considered to
reimburse the City of all engineering and administrative costs. (Res #18- )
VI. GENERAL
1. These, in no way, supersede the requirements, etc., in the Subdivision Ordinance,
and are not applicable to subdivisions or new streets.
2. The Board of Public Works shall certify final special assessment calculations and
submit to the City Clerk for invoicing the special assessment to impacted property
owners within 24 months of the completion date as specified in the applicable
construction contract. (Res. #14-12)
Page 10 of 10