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Home My WebLink About41. 21-293MAY 25, 2021 21-293 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE LAND ACQUISITION; PORTION OF THE CANADIAN NATIONAL PROPETY LOCATED BETWEEN EAST PARKWAY AVENUE AND EAST IRVING AVENUE ($29,500.00) INITIATED BY: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS the City of Oshkosh Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed in 2015 that included a detention basin along the Canadian National Railroad property; and WHEREAS construction of a detention basin along the Canadian National Railroad property is necessary to reduce flooding in the area, help drain Grand Street, aid in the development of a City-wide Storm Water Management plan, and help determine future storm water mitigation needs in the area; and WHEREAS it is the City’s responsibility to acquire the necessary land for construction of said detention basin; and WHEREAS the Department of Public Works is recommending the acquisition of a portion of the Canadian National property located between East Parkway Avenue and East Irving Avenue for $29,500.00, per the attached, to accomplish said purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to acquire said property for $29,500.00 and execute any and all documents necessary to consummate this transaction. Money for this purpose is hereby appropriated from the following accounts: 0321-0410-6804-04903 E Parkway Ave Watershed Det Basin City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: May 20, 2021 RE: Approve Land Acquisition; Portion of the Canadian National Railroad Property Located Between East Parkway Avenue and East Irving Avenue ($29,500.00) BACKGROUND The City of Oshkosh Department of Public Works is requesting approval to acquire a portion of the Canadian National (CN) property located between East Parkway Avenue and East Irving Avenue west of the north-south main line. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. The subject area is part of a long, narrow lot approximately 950 feet long by 115 feet wide and 1.99 acres in area. The lot is triple fronted, with frontages on East Parkway Avenue to the south, East Irving Avenue to the north, and Broad Street to the east. The property is adjacent to the CN main line just to the east. Historically, the lot never was developed. The portion of the property identified for acquisition is sized at 601.1 feet by 84.8 feet located along the rear lot lines of the residences along Grand Street. There is also a 5’5-foot wide by 173.1-foot deep strip which serves as a connection to E. Parkway Avenue. The total size of the acquisition is approximately 51,925 square feet or 1.19 acres. The site is located in the Near East Neighborhood Area created in 2006. The Near East Neighborhood Area was created per recommendations from the 2005 Comprehensive Plan to improve neighborhood and housing issues and was part of the Great Neighborhoods Program. The surrounding area consists of a mix of uses with the CN Main Line located east of the property, single family uses to north, south, and west, and also a commercial use to the south. The 2040 Comprehensive plan identifies the area suitable for light density residential development. ANALYSIS In preparation of the reconstruction of E. Parkway Avenue in 2015, the Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed that included a detention basin along the CN railroad on property owned by CN. Since that time, the City of Oshkosh and CN have been negotiating to sell some CN property to the City for the construction City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us of the detention basin. This detention basin is necessary to reduce flooding in the area and to help drain Grand Street. Grand Street is scheduled for full reconstruction after the detention basin is constructed. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. Staff is of the opinion that the intended use of the property is not in conflict with the light density residential land use recommendation from the Comprehensive Plan. Storm water management facilities such as the one being proposed at this site is not unlike infrastructure needed for the development of new residential subdivisions. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. FISCAL IMPACT Funding for this purpose is appropriated from 0321-0410-6804-04903 (E Parkway Ave Watershed Det. Basin). RECOMMENDATION The Plan Commission recommended approval of the land acquisition as requested on May 18, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager Image 1 – 1937 Aerial of Subject Site ITEM: APPROVE LAND ACQUISITION OF A PORTION OF THE CANADIAN NATIONAL RAILROAD PROPERTY LOCATED BETWEEN E. PARKWAY AVENUE AND E. IRVING AVENUE Plan Commission meeting of May 18, 2021. GENERAL INFORMATION Applicant: City of Oshkosh-Department of Public Works Property Owners: Canadian National Railroad Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue west of the north-south main line. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject area is part of a long, narrow lot approximately 950 feet long by 115 feet wide and 1.99 acres in area. The lot is triple fronted, with frontages on E. Parkway Avenue to the south, E. Irving Avenue to the north and Broad Street to the east. The property is adjacent to CN main line just to the east. Historically, the lot never was developed as evidenced by an aerial image from 1937 (Image 1) and Sanborn maps dating to 1903. The portion of the property identified for acquisition is sized at 601.1 feet by 84.8 feet located along the rear lot lines of the residences along Grand Street. There is also a 5’5-foot wide by 173.1-foot deep strip which serves as a connection to E. Parkway Avenue. The total size of the acquisition is approximately 51,925 square feet or 1.19 acres. The site is located in the Near East Neighborhood Area created in 2006. The Near East Neighborhood Area was created per recommendations from the 2005 Comprehensive Plan to improve neighborhood and housing issues and was Item IV – Property Acquisition – 616 Grand Street 2 part of the Great Neighborhoods Program. The surrounding area consists of a mix of uses with the Canadian National Main Line located east of the property, single family uses to north, south and west, and also a commercial use to the south. The 2040 Comprehensive plan identifies the area suitable for light density residential development. Subject Sites Existing Land Use Zoning Transportation - Railroad TR-10-PD Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential TR-10-PD South Single-Family Residential TR-10-PD East Railroad Right-of-Way TR-10-PD West Single and Two-Family Residential TR-10-PD Comprehensive Plan Land Use 2040 Land Use Recommendation Light Density Residential ANALYSIS In preparation of the reconstruction of E. Parkway Avenue in 2015, the Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed that included a detention basin along the Canadian National (CN) railroad on property owned by CN. Since that time, the City of Oshkosh (City) and CN have been negotiating to sell some CN property to the City for the construction of the detention basin. This detention basin is necessary to reduce flooding in the area and to help drain Grand Street. Grand Street is scheduled for full reconstruction after the detention basin is constructed. Given the topography of the area, the most logical location for the storm sewer inlet into the detention basin and the emergency overflow out from the detention basin is at the property located at 616 Grand Street. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. Staff is of the opinion that the intended use of the property is not in conflict with the light density residential land use recommendation from the Comprehensive Plan. Storm water management facilities such as the one being proposed at this site is not unlike infrastructure needed for the development of new residential subdivisions. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. RECOMMENDATION/CONDITIONS Staff recommends approval of the acquisition of a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue as requested. Item IV – Property Acquisition – 616 Grand Street 3 Plan Commission approved of the acquisition of a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue as requested on May 18, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue west of the north-south main line. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. In preparation of the reconstruction of E. Parkway Avenue in 2015, the Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed that included a detention basin along the Canadian National (CN) railroad on property owned by CN. Since that time, the City of Oshkosh (City) and CN have been negotiating to sell some CN property to the City for the construction of the detention basin. This detention basin is necessary to reduce flooding in the area and to help drain Grand Street. Grand Street is scheduled for full reconstruction after the detention basin is constructed. Given the topography of the area, the most logical location for the storm sewer inlet into the detention basin and the emergency overflow out from the detention basin is at the property located at 616 Grand Street. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. Staff is of the opinion that the intended use of the property is not in conflict with the light density residential land use recommendation from the Comprehensive Plan. Storm water management facilities such as the one being proposed at this site is not unlike infrastructure needed for the development of new residential subdivisions. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed property acquisition of 616 Grand Street as requested. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. Item IV – Property Acquisition – 616 Grand Street 4 There were no other public comments on this item. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. DALE STREET IRVING STREET PARKWAY AVE. OXFORD STREET GRAND STREETBROAD STREETMONROE STREET15.2m± [50.0'±] 25.9m± [84.8'±]183.2m± [601.1'±]1.7m± [5.5'±]52.8m± [173.1'±]436_1710.dwg (EN_LS_16) LYOUT: 101291 Neenah (436) N/A 173.98 - 174.14 February 12, 2021 1:1500 SUBDIVISION: SPUR / ANTENNE: SCALE / ÉCHELLE: THIS IS NOT A PLAN OF SURVEY DATE: MILEAGE / MILLIAIRE: CECI N'EST PAS UN PLAN D'ARPENTAGE EXHIBIT 'A' PROPERTY SKETCH DESCRIPTION:2355/WIPR/101291 (1.18 Acs.±) Oshkosh State of Wisconsin United States of America N Subject Lands Page 3 LAND ACQUISITION RR LOT BETWEEN PARKWAY &IRVING 5/18/2021 TITAN 2019 LLC 923 S MAIN ST STE E OSHKOSH, WI 54902 MARGARET L MCCANN 407 E PARKWAY AVE OSHKOSH, WI 54901 BOYS AND GIRLS CLUB OSHKOSH INC 501 E PARKWAY AVE OSHKOSH, WI 54901 MICHAEL BOONE RENTALS LLC 421 W BENT AVE OSHKOSH, WI 54901 KYLE J KEMP 2764 CLOVER ST OSHKOSH, WI 54901 C K PROPERTIES LLC 1125 MALLARD AVE OSHKOSH, WI 54901 BRAEDEN LINK 403 E IRVING AVE OSHKOSH, WI 54901 RILEY FISCHER 682 GRAND ST OSHKOSH, WI 54901 BRETT HENDERSON 676 GRAND ST OSHKOSH, WI 54901 WINNEBAGO COUNTY PO BOX 2806 OSHKOSH, WI 54903 KELLY J JAHNKE 664 GRAND ST OSHKOSH, WI 54901 MARK W/SUZAN A ERICKSON 660 GRAND ST OSHKOSH, WI 54901 MATTHEW D CRANE/STEPHANIE J KAMETLER 656 GRAND ST OSHKOSH, WI 54901 RAYMANN PROPERTIES LLC 823 MOUNT VERNON ST OSHKOSH, WI 54901 SHADRACH MUHIMA/NYIRAMATUNGO NYIRAKYOBE 2684 SCORPIO DR COLORADO SPRINGS, CO 80906 JOHN A PAULICK 640 GRAND ST OSHKOSH, WI 54901 CARRIE L BARTOW 634 GRAND ST OSHKOSH, WI 54901 KELLY L STROOK 628 GRAND ST OSHKOSH, WI 54901 MARK R/BLAKE D PATRICK 622 GRAND ST OSHKOSH, WI 54901 MARK C/MARY E POULTER 1044 GREGORY ST NEENAH, WI 54956 JAMES/SHARON ENGLUND 3368 ISAAC LN OSHKOSH, WI 54902 OLH LLC 230 OHIO ST 200 OSHKOSH, WI 54902 GORDON/AMY FREIMARK 503 E IRVING AVE OSHKOSH, WI 54901 SUE A WINTER 680 BROAD ST OSHKOSH, WI 54901 WAYNE D/PETRA M LAEVEN- SESSIONS JR 1135 N LAKE ST NEENAH, WI 54956 JAMES G OSTERTAG 744 MOUNT VERNON ST OSHKOSH, WI 54901 EDWARD C/DIANNE J WILCOX 835 WAUGOO AVE OSHKOSH, WI 54901 LOUELLA J CHOUINARD 648 BROAD ST OSHKOSH, WI 54901 TOBY MULLINS 650 BROAD ST OSHKOSH, WI 54901 Page 4 DERRICK R/ROBIN R MITCHEM 646 BROAD ST OSHKOSH, WI 54901 BRETT A YUNK 16 EVELINE ST OSHKOSH, WI 54901 CWP LLC PO BOX 693 OSHKOSH, WI 54903 THOMAS G PUTZER JR 632 BROAD ST OSHKOSH, WI 54901 PAYTON VENTURES LLC N5360 BLACKBIRD RD BEAVER DAM, WI 53916 ACCU PROPERTIES LLC PO BOX 2664 OSHKOSH, WI 54903 TANYA M SCHMIDT 502 E PARKWAY AVE OSHKOSH, WI 54901 EK CORP 634 W 6TH AVE OSHKOSH, WI 54902 JACK R EILER 614 BROAD ST OSHKOSH, WI 54901 FOX VALLEY & WESTERN LTD 17641 S ASHLAND AVE HOMEWOOD, IL 60430 ADAM R TAMMINGA/ASHLEY A SAGERT 416 E IRVING AVE OSHKOSH, WI 54901 CLIFFORD P/CHRISTINE M UITENBROEK N9663 TOM CT APPLETON, WI 54915 GORDON N/ELIZABETH L HINTZ 502 E IRVING AVE OSHKOSH, WI 54901 FOX VALLEY & WESTERN LTD PO BOX 8100, DOWNTOWN STATION 8TH FLOOR MONTREAL, QC H3C 3N4 Page 5 SR-9 TR-10-PD I-PD E IRVING AVE IRVING AVE IRVING AVE IRVING AV GRAND STGRAND STBROAD STBROAD STE PARKWAY AVE PARKWAY AV DALE AVDALE AV OXFORD AVOXFORD AV GRAND STGRAND STBROAD STBROAD STE PARKWAY AVE PARKWAY AV DALE AVDALE AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 120 ft1 in = 0.02 mi¯RR LOT BETWEEN PARKWAY & IRVINGRR LOT BETWEEN PARKWAY & IRVING City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 6 SR-9 I TR-10-PD I TR-10 UMU CMU I I I I-PD SR-5 I-PD I-PD I UMU UMU CMU SR-5 CMU-PD TR-10-PD ITR-10 UMU-PD UMU TR-10-PD MR-20CMU DR-6-PD UMU CMU-PD I-PD CMU TR-10 I-PDTR-10 Roe ParkN MAIN STN MAIN STBOWEN STBOWEN STE IRVING AVE IRVING AV WASHINGTON AVWASHINGTON AV AALLGGOOMMAABBLLVVDD WW IIRRVVIINNGG AAVV EVANS STEVANS STGROVE STGROVE STGRAND STGRAND STBOYD STBOYD STMERRITT AVMERRITT AVBROAD STBROAD STE PARKWAY AVE PARKWAY AV MT VERNON STMT VERNON STMONROE STMONROE STJEFFERSON STJEFFERSON STDIVISION STDIVISION STPOWERS STPOWERS STE MELVIN AVE MELVIN AV FULTON AVFULTON AV E LINCOLN AVE LINCOLN AVEASTMAN STEASTMAN STDALE AVDALE AV SSTTEERRLLIINNGG AAVV OXFORD AVOXFORD AV HUDSON AVHUDSON AV MADISON STMADISON STPLEASANT STPLEASANT STSCOTT AVSCOTT AV CCLLEEVVEELLAANNDD AAVV VILAS AVVILAS AV ROCK PLROCK PL FLUOR CTFLUOR CT E MELVIN AVE MELVIN AV DIVISION STDIVISION STE LINCOLN AVE LINCOLN AVMT VERNON STMT VERNON STJEFFERSON STJEFFERSON STMONROE STMONROE STSTERLING AVSTERLING AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 500 ft1 in = 0.09 mi¯RR LOT BETWEEN PARKWAY & IRVINGRR LOT BETWEEN PARKWAY & IRVING City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 7 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/5/2021 1 in = 100 ft1 in = 0.02 mi¯RR LOT BETWEEN PARKWAY & IRVINGRR LOT BETWEEN PARKWAY & IRVING City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 8