#2 Public hearing and action on public works contract for street resurfacing (File Res. #2011-780)DEPARTMENT OF PUBLIC WORKS MEMORANDUM
14 MARCH 20011
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL
RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “A” – 2011
(FILE RES. NO. 2011-780) ON MARCH 14, 2011
Exective Summary:
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The City Council will consider attached Final Resolution No. 2011-780 for an
assessable project on Bid Schedule “A”-2011 at the March 14, 2011 meeting. The
Resolution includes the construction of an urban street cross section on Austin Road
(south of W. Court Street) as part of the street rehabilitation program for 2011. In
addition, there are three other categories included for assessment purposes only. By
adopting this Final Resolution, the City is declaring its intent to assess the abutting
properties benefited by these improvements.
Category I is curb & gutter and paving.
Category II is water main only.
Category III is water and sewer.
Category IV is paving.
The Council is also being asked to consider non-use deferment requests from
Enterprise Drive, LLC and Arthur Donaldson for separate undeveloped properties along
STH 11 abutting recently installed water main.
City Manager’s Recommendation:
The City Manager recommends approval.
Engineering Division Recommendation:
Following the public hearing, the Engineering Division recommends Final Resolution
No. 2011-780 be adopted and the Council approve a water main 5 year non-use
deferment for two separate properties owned by Enterprise Drive, LLC and Arthur
Donaldson.
Suggested Motion:
I move to adopt Final Resolution No. 2011-780 and approve a 5 year non-use
deferment for water main affecting parcel 0233400092 owned by Enterprise Drive, LLC
and parcel 0304100002 owned by Arthur Donaldson.
Background
There are three (category I) properties affected by this resolution as a result of
proposed improvements on Bid Schedule “A” – 2011 and four properties (categories II,
III, & IV) affected by this resolution for assessment purposes only. Council action on
categories II, III, & IV does not include authorizing new public improvements but rather
allows the Clerk-Treasurer to assess properties benefitting from existing public
improvements. The assessments have been applied in accordance with Council Policy
#63 – Special Assessments. A description of the locations is outlined below:
Austin Road
The 2011 street rehabilitation contract includes converting a short section of Austin
Road, immediately south of W. Court Street to an urban street cross section affecting
three (3) property owners who have never been assessed for curb & gutter or paving.
The timing of this project has been coordinated with the development of the east side of
the road with a funeral home currently being constructed.
3708 Enterprise Drive
The Council approved a final assessment resolution on December 13, 2010 assessing
property owners on both sides of STH 11 between S. Wright Road and Wuthering Hills
Drive for a new 12” water main which eliminated two dead-end water mains resulting in
better water service reliability to system users as well as increased fire protection in the
surrounding area.
In reviewing the water distribution system master plan, Utility and Engineering staff
decided there was no need for double mains along STH 11, which resulted in a 50%
savings to abutting property owners.
The owner of 3708 Enterprise Drive purchased the property in 2010 and due to an error
in property owner information, did not receive the 10 day notice prior to the previous
public hearing. This property has been included on the resolution to allow the property
owner proper notice and the opportunity to address the Council during a public hearing.
3123 S. HWY 51
The Kwik Trip store recently annexed to the City and is proposing to connect to City
sewer and water as part of a site redevelopment.
2609 Center Avenue
The Jay’s Big Rolls property recently annexed to the City for the purposes of connecting
to existing City water and sewer as part of a building expansion project.
4407 N. Kennedy Road
This property is the outside the City, but is benefitting by direct access by a City street.
Including the subject property on this resolution will allow the City to assess for the
existing street surface (paving) if annexation occurs in the future.
Requested non-use deferment for water main
Following the Council approval to install water main and assess abutting property
owners along STH 11 in December 2010, property owners representing two
undeveloped parcels requested non-use deferments. The request letters are attached.
Council Policy No. 63, Section IV allows a 5 year or 10 year non-use deferment for
special assessments levied against undeveloped properties used for agricultural
purposes. The annual interest costs will be paid by TIF 32 since TIF also paid for the
initial construction costs. Granting of non-use deferments is at Council discretion.
These parcels are readily developable, but the owners do not have development plans
at this time. Details for these parcels are shown below:
Parcel Owner Assessment Frontage
0233400092 Enterprise Drive, LLC $23,361 801 Ft
0304100002 Arthur Donaldson $57,057 1,463 Ft
Attachments
cc: Eric Levitt
Jay Winzenz
Carl Weber
PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011
RESOLUTION NO. 2011-780 PAGE (1) OF (4)
FINAL RESOLUTION
FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT
POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING
INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING
FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES;
RESOLVED, By the Common Council of the City of Janesville, Wisconsin.
1. The Common Council hereby declares its intention to exercise its power pursuant to
S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable
basis upon property abutting the following described streets, pursuant to its police powers, by
improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for
the safety, health, and general welfare of the public, to-wit:
I. CURB & GUTTER AND PAVING
All Property Fronting
Upon Each Side Of From To
Austin Road W. Court Street 385’ South of W. Court Street
II. WATER MAIN ONLY (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
STH 11 (N. Side Only) 370’ East of S. Wright Road 975’ East of S. Wright Road
STH 11 (S. Side Only) USH 51 325’ East of USH 51
III. WATER AND SEWER (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
USH 51 (E. Side Only) STH 11 475’ South of STH 11
Center Avenue (USH 51) 1455’ S. of Burbank Street 1605’ S. of Burbank Street
(E. Side Only)
PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011
FINAL RESOLUTION NO. 2011-780 PAGE (2) OF (4)
IV. PAVING (FOR ASSESSMENT PURPOSES ONLY)
All Property Fronting
Upon Each Side Of From To
Old Kennedy Road Kennedy Road 629’ North of Kennedy Road
(W. Side Only)
2. Said public improvements shall include the above listed improvements on the various listed
streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and
recorded in the Office of the City Clerk whether previously established or established in the future.
3. The property against which the assessments are proposed shall be benefited by the
improvements and said assessments shall be made upon a reasonable basis.
4. That the actual levy of the special assessment shall take place at the time of the adoption of
the final public works resolution by the Common Council of the City of Janesville concerning these
improvements. The property owner(s), if any property abutting and/or benefitting from this project is
located in Rock Township, against whose property such special assessment shall be levied under and
by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until
such time as their specific property is annexed or connects to such improvement(s), in which event the
special assessment shall be due and payable either in full or in five (5) annual installment payments, the
latter with interest accruing thereon from the date of annexation or connection. This method of payment
shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the
Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s),
and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such
abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment
provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of
Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the
Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments
shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and
Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville
Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock.
5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and
the assessment against any parcel owned by an individual property owner may be: (a) paid in cash
upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or
(c) at the election of the property owner, spread over a period of five (5) years with interest at six percent
(6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth
of the principal with the interest for November and December on the unpaid portion and shall be so
entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax
PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011
FINAL RESOLUTION NO. 2011-780 PAGE (3) OF (4)
rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six (6%) per annum.
The assessments against any parcel for sewer and water service pipes shall constitute a lien
against such parcel and must be paid in cash or with the taxes in the year following the completion of the
work.
The assessments, as outlined above, pertain only to said individual property owners. The
assessments against all parcels of land owned by others, which include subdividers, land developers,
speculative builders, or owners of several or more lots on the same street or in the same area will be
billed upon completion of the work after which interest at six percent (6%) per annum will be charged
from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in
cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the
first year following the completion of the work, the amount to be entered in the Tax Roll shall include the
unpaid principal with interest through the end of December in the year so entered; or, (c) at the election
of the property owner and with the approval of the Committee of Public Works, spread over a period of
five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on
the five-year plan shall include one-fifth of the principal with interest through the end of December in the
year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls
thereafter until all are collected. Deferred payment on the aforementioned installments shall bear
interest at six percent (6%) per annum.
6. The City Engineer 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 improvements,
c. A schedule of the proposed assessments, and
d. A statement showing that the property against which the assessments are proposed is
benefited, the improvement constituting an exercise of police powers.
Upon completing such report, the City Engineer is directed to file a copy thereof in the City
Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out
such work of such improvements in accordance with the report.
7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public
hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at
the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with
S.66.0703(7)(a), Wisconsin Statutes.
PUBLIC WORKS BID SCHEDULE “A”-2011 14 MARCH 2011
FINAL RESOLUTION NO. 2011-780 PAGE (4) OF (4)
8. The City has determined to undertake the capital improvements described in paragraph 1
above (the "Projects"). The City anticipates that moneys, other than the proceeds of any outstanding
debt of the City, will be expended by the City with respect to such capital improvements. The City
reasonably expects to be reimbursed for such expenditures with proceeds of its debt. The maximum
principal amount of debt expected to be issued for the reimbursement of such expenditures is
$5,000,000. No funds from sources other than the debt referred to above are, or are expected to be,
reserved, allocated on a long-term basis, or otherwise set aside by the City or any entity controlled by
the City pursuant to its budget or financial policies with respect to the Projects. This is consistent with
the budgetary and financial circumstances of the City. Copies of this resolution shall be made available
for public inspection in the manner required by law. This Resolution is a declaration of official intent
under Treasury Regulation Section 1.150-2.
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER
Eric J. Levitt, City Manager
McDONALD
ATTEST:
PERROTTO
RASHKIN
Jean Ann Wulf, City Clerk-Treasurer
STEEBER
TRUMAN
APPROVED AS TO FORM:
VOSKUIL
Wald Klimczyk, City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division