#2 Public hearing and action on sewer and water assessments in Bid Schedule B-2011 (File Res. #2011-796)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
25 APRIL 20011
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL
RESOLUTION FOR PUBLIC WORKS BID SCHEDULE “B” – 2011
(FILE RES. NO. 2011-796) ON APRIL 25, 2011
Exective Summary:
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The City Council will consider attached Final Resolution No. 2011-796 for an
assessable project on Bid Schedule “B”-2011 at the April 25, 2011 meeting. The
Resolution includes sanitary sewer and water main extensions required prior to roadway
improvements resulting from a Wisconsin Department of Transportation (DOT) project
along STH 26 in 2012. By adopting this Final Resolution, the City is declaring its intent
to assess the abutting properties benefited by these improvements. The Resolution
contains two assessment categories.
Category I includes water and sewer
Category II includes water main only.
The Council is also being asked to consider non-use utility deferments for properties
abutting McCormick Drive, Huntinghorne Drive, and Fox Hills Court. The McCormick
Drive and Huntinghorne Drive segments abut undeveloped property. Fox Hills Court
will be a new cul-de-sac providing access to several properties losing direct access to
STH 26 as part of the DOT project. The affected properties are currently served by
septic systems and wells. The most efficient way to serve these properties with City
sewer and water is to extend utilities from Fox Hills Drive.
City Manager’s Recommendation:
The City Manager recommends approval.
Engineering Division Recommendation:
Following the public hearing, the Engineering Division recommends Final Resolution
No. 2011-796 be adopted and the Council approve a 5 year non-use deferment for
water main only on Huntinghorne Drive and water & sewer on McCormick Drive, as well
as non-use deferments for water and sewer on Fox Hills Court until existing septic
systems or wells fail or residential properties are sold.
Suggested Motion:
I move to adopt Final Resolution No. 2011-796 and approve a 5 year non-use
deferment for water main only on Huntinghorne Drive and water & sewer on McCormick
Drive, as well as non-use deferments for water and sewer on Fox Hills Court until
existing septic systems or wells fail or residential properties are sold.
Background
This Resolution affects five (5) property owners. The assessments have been applied in
accordance with Council Policy #63 – Special Assessments. A description of the
locations is outlined below:
Future N. Wright Road
The DOT is in the process of purchasing right-of-way for the extension of N. Wright
Road to create a new intersection with John Paul Road as part of a 2012 DOT project.
The DOT requested the City extend the utilities in 2011 prior to the DOT construction
project in 2012 to avoid future conflicts in the work area. The property abutting this
segment is currently out of the City.
McCormick Drive / Huntinghorne Drive
The DOT is planning to install a fully signalized intersection on STH 26 at McCormick
Drive in 2012. The City owns and operates a sanitary sewer lift station in the northwest
quadrant of the intersection which is in conflict with the DOT improvements on STH 26.
The DOT requested the City relocate the lift station prior to the DOT project. Rather
than relocate the lift station, the City will be eliminating the lift station and associated
operating costs by extending sanitary sewer along McCormick Drive. The City will also
be providing a water main loop between STH 26 and Huntinghorne Drive via the
McCormick Drive corridor. A temporary street connection is planned to be constructed
later this year along the same route. This will provide the existing neighborhood direct
access to STH 26. The DOT plans to eliminate outbound left turning traffic from the
neighborhood onto southbound STH 26 at Woodcrest Drive.
Attached is a request from Jack Willow Investments, LLC for a non-use deferment on
utilities. Council Policy No. 63, Section IV allows a 5 year non-use deferment for special
assessments levied against undeveloped properties used for agricultural purposes. The
respective utility will pay the carrying costs. The non-use deferments total $92,559.30.
Fox Hills Court
The DOT intends to construct a new cul-de-sac, Fox Hills Court, in 2012 to provide
access to several properties losing direct access to STH 26. The DOT is allowing the
City to install sewer and water within the right-of-way corridor being acquired by the
DOT prior to DOT constructing the street. The most efficient way to serve the properties
with City sewer and water is to extend utilities from Fox Hills Drive rather than along
STH 26.
Staff is recommending deferments for water and sewer on Fox Hills Court since none of
the properties have requested City utilities and their existing septic systems and wells
appear to be functioning properly. Installing the utilities now will avoid having to
excavate and patch the street at a future date which would be detrimental to the life of
the street and increase long term street maintenance costs for the City. The Council
granted similar water and sewer assessment deferments to property owners in Royal
Oaks subdivision several years ago when utilities were installed abutting their properties
to serve an adjacent subdivision. The three (3) non-use deferments total $27,347.21.
Attachments:
- Resolution 2011-796
- N. Wright Road Map
- McCormick Drive / Huntinghorne Drive Map
- Fox Hills Court Map
- Engineers Report
- Non-use deferment request on behalf of Jack Willow Investments, LLC
cc: Eric Levitt
Jay Winzenz
Carl Weber
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011
RESOLUTION NO. 2011-796 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. WATER AND SEWER
All Property Fronting
Upon Each Side Of From To
N. Wright Road John Paul Road 500’ Southeast of John Paul Road
Future McCormick Drive Milton Avenue (STH 26) 800’ Southeast of Milton Avenue
Future Fox Hills Court Fox Hills Drive 225’ Northwest of Fox Hills Drive
II. WATER MAIN ONLY
All Property Fronting
Upon Each Side Of From To
Future Huntinghorne Drive Future McCormick Drive 250’ Southwest of McCormick Drive
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.
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011
FINAL RESOLUTION NO. 2011-796 PAGE (2) OF (4)
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
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
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011
FINAL RESOLUTION NO. 2011-796 PAGE (3) OF (4)
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.
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.
SEWER AND WATER ASSESSMENTS FOR CONTRACT 2011-10 25 APRIL 2011
FINAL RESOLUTION NO. 2011-796 PAGE (4) OF (4)
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
BRUNNER
Eric J. Levitt, City Manager
DONGARRA-
ADAMS
ATTEST:
LIEBERT
McDONALD
Jean Ann Wulf, City Clerk-Treasurer
RASHKIN
STEEBER
APPROVED AS TO FORM:
VOSKUIL
Wald Klimczyk, City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division
REPORT ON PROPOSED SPECIAL ASSESSMENTS
FOR PUBLIC IMPROVEMENTS AGAINST PROPERTIES
LOCATED IN JANESVILLE, WISCONSIN
This report is submitted in accordance with the requirements of 66.0705, Stats., and
the preliminary resolution of the municipal governing body of Janesville, Wisconsin,
dated April 11, 2011, determining to levy special assessments on benefitted properties
for public improvements described in Schedule B of this report to be made in the
assessment district described in Schedule C of this report.
This report consists of the following schedules:
Schedule A - Final plans and specifications are on file in the City of Janesville Public
Works Department.
Schedule B - Estimate of entire cost of proposed improvements, attached.
Schedule C - Schedule of proposed assessments against each benefitted parcel,
attached.
J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule B-2011 Engineering Report with Schedules.doc
SCHEDULE B
PUBLIC WORKS PROJECTS
BID SCHEDULE B-2011
PROGRAM SUMMARY
ESTIMATEDESTIMATED
ESTIMATED
TOTAL COSTSASSESSMENTS
PROGRAMCITY COSTS
I. WATER AND SEWER$252,592$174,753$77,839
II. WATER MAIN ONLY$15,308$11,166$4,142
TOTAL$267,900$185,919$81,981
SOURCES OF FUNDING
GENERAL FUND
ASSESSMENTS
CITY SHARE
$81,981$185,919
Total
$267,900
OFFICE OF THE CITY ENGINEER
Friday, April 15, 2011
J:\Development\Engineering\Special Assessments\Engineer's Report\2011\B-2011 Engineers Report_Condensed.xls
SCHEDULE C
LIST OF PROPERTY OWNERS & INDIVIDUAL ASSESSMENTS
SCHEDULE C -- Proposed Assessments.
The following properties against which the proposed assessments are to be made are
benefitted by the proposed improvement because of availability of municipal water
service, provision of water for fire protection, and improvement of reliability of water
distribution.
ParcelProperty AddressOwnerWaterSewerTotal
Water and Sewer
02082004694676 Milton AvJack Willow Investments, LLC$18,854.90$15,443.50$34,298.40
02082004704700 Milton AvJack Willow Investments LLC,$18,936.70$15,510.50$34,447.20
02082004714724 Milton AvJack Willow Investments LLC,$3,476.50$2,847.50$6,324.00
02082004724405 McCormick DrJack Willow Investments, LLC$3,476.50$2,847.50$6,324.00
02084000134246 Milton AvRicky Lee Hesgard$2,863.00$2,345.00$5,208.00
02084000144242 Milton AvFish Revocable Trust,$2,863.00$2,345.00$5,208.00
02084000654324 Milton AvBoughton Revocable Trust,$9,307.61$7,623.60$16,931.21
0205300777Future N Wright RdOut of City$36,288.94$29,723.22$66,012.16
Total$96,067.15$78,685.82$174,752.97
Water Main Only
02082004724405 McCormick DrJack Willow Investments, LLC$11,165.70$11,165.70
Grand Total Assessments:$107,232.85$78,685.82$185,918.67
J:\Development\Engineering\Special Assessments\Engineer's Report\2011\Bid Schedule B-2011 Engineering Report with Schedules.doc