HomeMy WebLinkAbout19. 22-524DECEMBER 13, 2022 22-524 RESOLUTION
(CARRIED_______LOST________LAID OVER_______WITHDRAWN_______)
PURPOSE: ACCEPT STORM SEWER EASEMENTS NORTH OF EAST 9TH
AVENUE
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby accepts storm sewer easements north of East 9th Avenue, per the attached, and the
proper City officials are authorized and directed to execute any and all documents
necessary for purposes of same.
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: December 8, 2022
RE: Accept Storm Sewer Easements North of East 9th Avenue
BACKGROUND
The City of Oshkosh is requesting the acceptance of two storm sewer easements located north
of East 9th Avenue. The area of these requests are located within the City’s Sawdust District,
generally situated south of the Fox River, west of Lake Winnebago, and adjacent to South Main
Street to the west. The City is working with T. Wall Enterprises for plans of a large-scale mixed-
use development east of South Main Street and south of the Fox River. The proposed acceptance
of the two storm sewer easements are required to allow the site to be redeveloped.
ANALYSIS
One easement is to be granted by the City of Oshkosh Redevelopment Authority to the City,
while the second, south of and adjacent to the Fox River, will be granted to and accepted by the
City. The easements are needed for existing storm water facilities that flow to the Fox River from
the southwest. The easements are needed to ensure the City continues to have legal access to the
area in the event the underlying land is disposed of to a third party. Access is essential for
inspection, maintenance, repair, and replacement of the mains as needed.
The City Attorney’s Office has drafted the necessary easement documents. T. Wall Enterprises
has been informed of this request as they must give consent to any contractual obligations
including easements. The final easement documents will be signed and recorded at the
Winnebago County Register of Deeds after Common Council approval.
RECOMMENDATION
The Redevelopment Authority recommended acceptance of the easements on September 21,
2022 and the Plan Commission recommended acceptance of the easements on December 6, 2022.
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: ACCEPT STORM SEWER EASEMENTS NORTH OF E. 9TH AVENUE
Plan Commission meeting of December 6, 2022.
GENERAL INFORMATION
Applicant: City Administration
Owners: City of Oshkosh Redevelopment Authority, City of Oshkosh
Actions Requested: The City of Oshkosh is requesting acceptance of two storm sewer
easements located north of E. 9th Avenue.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
The area of these requests are located within the City’s Sawdust District, generally situated
south of the Fox River, west of Lake Winnebago and adjacent to S. Main Street to the west. The
City is working with T. Wall Enterprises for plans of a large-scale mixed-use development east
of S. Main Street and south of the Fox River. The proposed acceptance of the two storm sewer
easements are items required to allow this development move forward.
ANALYSIS
The City is requesting approval of
the acceptance of two storm sewer
easements located north of the
newly dedicated E. 9th Avenue. One
easement is to be granted by the
City of Oshkosh Redevelopment
Authority (RDA) to the City, while
the second, south of and adjacent to
the Fox River will be granted to and
accepted by the City (Figure 1). The
easements are needed for existing
storm water facilities that flow to the
Fox River from the southwest. The
easements are needed to ensure the
City continues to have legal access
to the area in the case the
underlying land is disposed of to a third party. Access is essential for inspection, maintenance,
repair and replacement of the mains as needed.
The RDA, which is the current owner of the underlying land of one of the proposed easements
reviewed this request and recommended approval.
Items I-C – Accept Storm Sewer Easements north of E. 9th Avenue 2
The City Attorney’s office has drafted the necessary easement documents. T. Wall Enterprises
has been informed of this request as they must give consent to any contractual obligations
including easements. Final and signed easement documents will be signed and recorded at the
Winnebago County Register of Deeds after Common Council approval.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed storm sewer easements north of
E. 9th Avenue as requested.
The Plan Commission recommended acceptance of the easements as requested on December 6,
2022. The following is their discussion on the item.
Site Inspections Report: No Commissioner reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting acceptance of three sanitary easements located northeast of
Vacated E. 8th Avenue and the release of easement rights over a portion of Vacated E. 8th
Avenue. Mr. Nau presented the item and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area.
Items I-C – Accept Storm Sewer Easements north of E. 9th Avenue 3
Mr. Perry opened up technical questions to staff.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
There were no public comments on this item.
Mr. Perry closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Riverside Park
E 10TH AVE 10TH AVPPIIOONNEEEERRDDRRE 8TH AVE 8TH AV
E 9TH AVE 9TH AV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/17/2022
1 in = 120 ft1 in = 0.02 mi¯VACATED E 8TH AVEVACATED E 8TH AVE
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
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/17/2022
1 in = 500 ft1 in = 0.09 mi¯VACATED E 8TH AVEVACATED E 8TH AVE
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: 11/17/2022
1 in = 100 ft1 in = 0.02 mi¯VACATED E 8TH AVEVACATED E 8TH AVE
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