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HomeMy WebLinkAbout30. 21-322JUNE 8, 2021 21-322 RESOLUTION (CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER; APPROVE DETERMINATION OF NECESSITY TO ACQUIRE; 616 GRAND STREET INITIATED BY: CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved Land Acquisition 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 the Department of Public Works is recommending acquisition of 616 Grand Street for the location of the storm sewer inlet into said detention basin and the emergency overflow out from said detention basin; 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 616 Grand Street, per the attached, to accomplish said purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council determines that it is necessary and a public purpose for the City to acquire 616 Grand Street for detention basin construction. BE IT FURTHER RESOLVED by the Common Council that this resolution constitutes a Relocation Order for a partial acquisition of the property described in the JUNE 8, 2021 21-322 RESOLUTION CONT’D attached in accordance with the title acquisition procedure set forth in Wisconsin Statutes, Section 32.05, said property being located at 616 Grand Street. BE IT FURTHER RESOLVED that the proper City Officials are hereby authorized and directed to execute any and all documents necessary for implementation of this order and that a certified copy of this Resolution shall be filed with the Winnebago County Clerk within twenty (20) days of its adoption. BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its passage and publication. 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: June 3, 2021 RE: Approve and Execute Relocation Order; Approve Determination of Necessity to Acquire; 616 Grand Street BACKGROUND The City of Oshkosh Department of Public Works is requesting approval to acquire the property located at 616 Grand Street. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. The subject property is an irregular “L”-shaped lot with frontages on Grand Street and E. Parkway Avenue. The lot is sized at approximately 0.29 acres and is developed with a single-family house fronting on Grand Street with other accessory structures. Per City Assessor’s records, the 1,300 square foot two-story house was constructed prior to 1920 and is classified as a farmhouse style of construction. The site is located in the recently created Historic Fourth Ward Neighborhood Association as well as the Near East Neighborhood Area. The Near East Neighborhood Area was created in 2006 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 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. 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 only location for the emergency overflow of the detention basin and most logical location for the storm sewer inlet into the detention basin is at the property located at 616 Grant Street. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us 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. 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 The land acquisition will result in approximately .29 acres of land being removed from the tax roll estimated at approximately $71,700. 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 ITEM: APPROVE LAND ACQUISITION OF 616 GRAND STREET Plan Commission meeting of May 18, 2021. GENERAL INFORMATION Applicant: City of Oshkosh-Department of Public Works Property Owners: Mark C. & Mary E. Poulter Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire the property located at 616 Grand Street. 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 property is an irregular “L”-shaped lot with frontages on Grand Street and E. Parkway Avenue. The lot is sized at approximately 0.29 acres is developed with a single-family house fronting on Grand Street and contains other accessory structures. Per City Assessor’s records, the 1,300 square foot two-story house was constructed prior to 1920 and is classified as a farmhouse style of construction. 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 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. Item IV – Property Acquisition – 616 Grand Street 2 Subject Sites Existing Land Use Zoning Single Family Residential TR-10-PD Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential, Railroad Right-of-Way TR-10-PD South Single-Family Residential & Commercial TR-10-PD East Railroad Right-of-Way TR-10-PD West Single-Family Residential TR-10-PD Comprehensive Plan Land Use Recommendation 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 Grant 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. 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 proposed property acquisition of 616 Grand Street as requested. The Plan Commission approved of the acquisition of 616 Grand Street 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. Item IV – Property Acquisition – 616 Grand Street 3 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. 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. Item IV – Property Acquisition – 616 Grand Street 4 Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. Ms. Davey asked if the intention was to take down the house or if they just need to acquire the rest of the property. Mr. Gierach said they will need to take down the house because the large storm sewer from Grand Street will be where it enters the basin itself as well as the emergency overflow of the basin is out through this property though Grand Street. Motion carried 8-0. C:\Users\hannahs\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VDWZRXNV\20-08 Poulter Ltr-616 Grand St Init Land Acq_4-23-21 (003).docx Page 1 of 1 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us April 26, 2021 Mark and Mary Poulter 1044 Gregory Street Neenah, WI 54956-4511 RE: Parkway Avenue Watershed – 616 Grand Street Dear Mr. & Mrs. Poulter, In 2015, East Parkway Avenue was reconstructed. In preparation for that reconstruction, 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 currently owned by you at 616 Grant Street. This letter is being sent to make you aware that the City is starting the acquisition process for this property. The first step in that process is to approve the “Necessity to Acquire Land” through the City’s Plan Commission and Common Council. You will be receiving notice of these meetings in the near future. Assuming the Plan Commission and Common Council approve this first step, the City will retain an Acquisition Specialist to assist in the completion of the acquisition process. After the Acquisition Specialist is retained, you will receive another letter introducing you to that individual. After that, all correspondence will work through the Acquisition Specialist. If you have any questions or want more information, please contact me at (920)236-5065. Sincerely, Justin Gierach, P.E. Engineering Division Manager / City Engineer JG/tt cc: Mark Lyons, Planning Services Manager Legal Description for 616 Grand Street THAT PRT OF LOTS 1, 2 & 3 LYG WLY OF A LI THAT IS PAR WITH & 50 FT W OF C/L OF THE MAIN TRACK OF C&NW RR EXC W 45 FT OF SD LOTS 1 & 2 ALSO N 40 FT OF LOT 30 BLK 59 FORDS ADDN 616 Grand Street Winnebago County GIS, Imagery Date: April 2020 Adjacent Counties Lakes, Ponds and Rivers Navigable Waterways Navigable - Permanent (unchecked) Navigable - Intermittent (unchecked) Navigable - Stream (unchecked) Navigable - Permanent (checked) Navigable - Intermittent (checked) Navigable - Stream (checked) Tax Parcel Boundary Road ROW 5/28/2021, 10:18:20 AM 0 0.03 0.050.01 mi 0 0.04 0.080.02 km 1:1,165 Winnebago County GIS Winnebago County GIS | Imagery Date: April 2020 | Real Estate Property & Tax Information Interactive Map This tax information was compiled on THURSDAY, MAY 27, 2021 More Details Mailing Address:Owner(s):Tax Parcel Number: POULTER, MARK C & MARY E 1044 GREGORY ST NEENAH WI 54956 3648 90405380000 Tax District:Acres: 266-CITY OF OSHKOSH 0.29 School District: 4179-OSHKOSH AREA SCHOOL DISTRICT Interactive Map Assessed Values More Assessment Details Land:Improvements:Total: $11,600 $60,100 $71,700 Brief Property Description (for a complete legal description, see recorded document):Document Number: THAT PRT OF LOTS 1, 2 & 3 LYG WLY OF A LI THAT IS PAR WITH &50 FT W OF C/L OF THE MAIN TR ACK OF C&NW RR EXC W 45 FT OF 1255047 Site Address(es): 616 GRAND ST OSHKOSH WI 54901 Public Land Survey System (PLSS) Information Interactive Map Physical Location(s): NW 1/4, NE 1/4 of Section 24, T.18N. - R.16E., CITY OF OSHKOSH General Zoning Information District:Description:Jurisdiction: NO DATA AVAILABLE CONTACT LOCAL ZONING AUTHORITY Extraterritorial:Shoreland: CITY OF OSHKOSH NONE Interactive Map Airport Zoning and Height Limitation Information Airport:District(s):Elevation Range:Height Limitation(s):Building Height: NONE 758 - 758 925 - 925 167 - 167 County Floodplain and FEMA Special Flood Harazard Area (SFHA) Information Interactive Map County District:SFHA Zone:SFHA Zone Type:FIRM Panel:Map Effective Date: NONE ZONE X OUTSIDE FLOODPLAIN 55139C0220E MARCH 17, 2003 Navigable Stream and Surface Water Drainage Information Interactive Map Classification:Source:Type:Surface Water Drainage Dist: NONE NONE Letter of Map Change (LOMC) Type:Documents:Effective Date: Wisconsin Wetland Inventory Information Interactive Map Area Code:Area Description:Source: NONE Page 1 of 4 5/28/2021 10:16:03 AM This report was created for use by the Winnebago County Geographic Information System project. Any other use/application of this information is the responsibility of the user and such use/application is at their own risk. Winnebago County disclaims all liability regarding fitness of the information for any use other than Winnebago County business. Parcel Profile Report for 90405380000 Page 2 of 4 5/28/2021 10:16:03 AM This report was created for use by the Winnebago County Geographic Information System project. Any other use/application of this information is the responsibility of the user and such use/application is at their own risk. Winnebago County disclaims all liability regarding fitness of the information for any use other than Winnebago County business. Parcel Profile Report for 90405380000 Election Information Type:District:Voting Ward: WINNEBAGO COUNTY BOARD OF SUPERVISORS 18 8 Supervisor:Polling Place: BILL WINGREN OSHKOSH PUBLIC LIBRARY (LOWER LEVEL) 106 WASHINGTON AVE. 2010 United States Census Burea Information More Details State and County FIPS code(s):Tract:Block:Total Population: 55 139 000200 3000 68 Special Casing Area Requirements for Arsenic Information Casing Map Special well casing depth area for Winnebago County - effective October 1, 2004 More Details Elevation Information (NAVD88, US Survey Feet)Interactive Map Range:Elevation Change:Average: 758 - 758 0 758 Soil Survey Information Interactive Map Symbol:Name:Drainage Class: Farmland Class: Hydrologic Group: KnB Kewaunee silt loam, 2 to 6 percent slopes Well drained II C Future Land Use Planning Information County Use:Municipal Planning Authority:Municipal Use: RESIDENTIAL CITY OF OSHKOSH RESIDENTIAL Historical Photography Information Flight Year:File Name: 1941 AIW-2B-19-41.tif 1957 AIW-1T-97-57.tif 1975 1816-75.tif 1981 I-9-81.tif Page 3 of 4 5/28/2021 10:16:03 AM This report was created for use by the Winnebago County Geographic Information System project. Any other use/application of this information is the responsibility of the user and such use/application is at their own risk. Winnebago County disclaims all liability regarding fitness of the information for any use other than Winnebago County business. Parcel Profile Report for 90405380000 Page 4 of 4 5/28/2021 10:16:03 AM This report was created for use by the Winnebago County Geographic Information System project. Any other use/application of this information is the responsibility of the user and such use/application is at their own risk. Winnebago County disclaims all liability regarding fitness of the information for any use other than Winnebago County business. Parcel Profile Report for 90405380000 E PARKWAY AVE PARKWAY AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 5/4/2021 1 in = 30 ft1 in = 0.01 mi¯616 GRAND ST616 GRAND ST 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 LAND ACQUISITION 616 GRAND ST PC: 5-18-21 BARBARA J TYLER 625 GRAND ST OSHKOSH, WI 54901 HOME PATH FINANCIAL LIMITED PARTNERSHIP 5116 N 126TH ST BUTLER, WI 53007 RANKIN ENTERPRISES LLC PO BOX 346 WRIGHTSTOWN, WI 54180 J ELLIOTT PROPERTIES LLC 7861 S US HIGHWAY 45 OSHKOSH, WI 54902 JEFFREY P LEE 330 E PARKWAY AVE OSHKOSH, WI 54901 FOX VALLEY & WESTERN LTD PO BOX 8100, DOWNTOWN STATION 8TH FLOOR MONTREAL, QC H3C 3N4 TITAN 2019 LLC 923 S MAIN ST STE E OSHKOSH, WI 54902 MARGARET L MCCANN 407 E PARKWAY AVE OSHKOSH, WI 54901 MICHAEL BOONE RENTALS LLC 421 W BENT AVE OSHKOSH, WI 54901 KELLY L STROOK 628 GRAND ST OSHKOSH, WI 54901 MARK R/BLAKE D PATRICK 622 GRAND ST OSHKOSH, WI 54901 JAMES/SHARON ENGLUND 3368 ISAAC LN OSHKOSH, WI 54902 OLH LLC 230 OHIO ST 200 OSHKOSH, WI 54902 MARK C/MARY E POULTER 1044 GREGORY ST NEENAH, WI 54956 MARK C/MARY E POULTER 1044 GREGORY ST NEENAH, WI 54956 MARK C/MARY E POULTER 1044 GREGORY ST NEENAH, WI 54956 GRAND STGRAND STBROAD STBROAD STE PARKWAY AVE PARKWAY AV HUDSON AVHUDSON AV OXFORD AVOXFORD 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¯616 GRAND ST616 GRAND ST 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 SR-9 I I TR-10-PD CMU UMU TR-10 I TR-10 IUMU I I-PD I I-PD I-PD UMU UMU CMU I I CMU CMU-PD UMU-PD I UMU MR-20 I CMU CMU-PD TR-10-PD DR-6-PD I-PD MULTIPLE SR-5 TR-10 I-PDTR-10 CMU-RFO Roe ParkN MAIN STN MAIN STBOWEN STBOWEN STE IRVING AVE IRVING AV WASHINGTON AVWASHINGTON AV HIGH AV HIGH AV ALGOMA BLVD ALGOMA BLVD W IRVING AVW IRVING AV EVANS STEVANS STGROVE STGROVE STGRAND STGRAND STBROAD STBROAD STBOYD STBOYD STMERRITT AVMERRITT AV MT VERNON STMT VERNON STMONROE STMONROE STE PARKWAY AVE PARKWAY AV DIVISION STDIVISION STJEFFERSON STJEFFERSON STFULTON AVFULTON AV POWERS STPOWERS STE LINCOLN AVE LINCOLN AV SCHOOL AVSCHOOL AV DALE AVDALE AV STERLING AVSTERLING AV BAY STBAY STOXFORD AVOXFORD AV HUDSON AVHUDSON AVEASTMAN STEASTMAN STMADISON STMADISON STCOURT STCOURT STWINNEBAGO AVWINNEBAGO AVPLEASANT STPLEASANT STWW LLIINNCCOOLLNN AAVV VILAS AVVILAS AV FLUOR CTFLUOR CT BBRROOAADDSSTTFULTON AVFULTON AVMT VERNON STMT VERNON STMONROE STMONROE STJEFFERSON STJEFFERSON STE LINCOLN AVE LINCOLN AV STERLING AVSTERLING AV DIVISION STDIVISION STTR-10-PD 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¯616 GRAND ST616 GRAND ST 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 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¯616 GRAND ST616 GRAND ST 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