HomeMy WebLinkAbout08-294AUGUST 26, 2008 08 -294 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH NATIONAL GUARD ARMORY FOR
STORMWATER DETENTION FACILITIES AND PLANNED
DEVELOPMENT OVERLAY ZONING
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Intergovernmental Cooperation Agreement between the City of Oshkosh and the
Department of Military Affairs for the State of Wisconsin is hereby approved and the proper
City officials are hereby authorized to execute and deliver the agreement in substantially
the same form as attached hereto, any changes in the execution copy being deemed
approved by their respective signatures, and said City officials are authorized and directed
to take those steps necessary to implement the terms and conditions of the Agreement.
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
DEPARTMENT OF MILITARY AFFAIRS
STATE OF WISCONSIN
AND
CITY OF OSHKOSH
THIS AGREEMENT is made between the City of Oshkosh, a Wisconsin municipal corporation (the
"City ") and the Department of Military Affairs, State of Wisconsin (the "State ").
WHEREAS the City desires to construct a wet storm -water detention pond for the South Branch and
Main Stream branches of the Campbell Creek Watershed; and
WHEREAS the City desires to extend Armory Place to connect 9` Street to Osborn Avenue; and
WHEREAS the need to extend Armory Place and construct a wet storm -water detention pond requires the
transfer of certain State owned land interests to the City, and
WHEREAS the State desires to have state -owned land occupied by the Wisconsin National Guard and
more particularly described as 1415 Armory Place (the "Premises ") to include a Planned Development
overlay district (PD); and
WHEREAS the State requires City approval of a conditional use permit for the construction of a motor-
vehicle storage facility; and
WHEREAS Section 66.0301 of the Wisconsin Statutes allows municipalities to enter into agreements for
the receipt or furnishing of services or joint exercise of any power or duty required or authorized by law.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and
valuable consideration, it is agreed by and between the parties as follows:
1. Storm -water Detention Area. The State shall convey to the City by quit -claim deed approximately
nine (9) acres of land for the construction of a City owned and operated wet storm -water detention pond.
The approximate location and dimensions of the storm -water detention pond are depicted on Attachment
1. The City agrees the State may utilize the proposed Storm Water Detention Pond to meet the current
and future runoff quantity requirements of the City and the Total Suspended Solids (TSS) requirements of
the DNR for existing and future development on the Armory Site. The State must convey the stormwater
runoff from the National Guard development to the stormwater detention pond. The City agrees that the
State may continue to utilize the area to be conveyed for storm -water detention under this paragraph for
the temporary storm water management required under the CUP issued August 26, 2008.
2. Rezoning. Upon application by the State, the City agrees to initiate the process to include a Planned
Development (PD) overlay on the premises.
3. Compensation. The city agrees to pay the State fair- market value for the conveyance the land used
for street right -of -way purposes and storm -water detention pond as described in paragraphs 1 and 2
above. Fair - market value shall be the average price of three independent appraisals. The State agrees to
pay the appraisal costs.
NA
IN WITNESS WHEREOF the parties agree to execute this Agreement which shall be effective as of the
date last written below.
DEPARTMENT OF MILITARY AFFAIRS
State of Wisconsin
CITY OF OSHKOSH
A Wisconsin Municipal Corporation
Lo
JEFFREY J. LIETHEN
COL, EN, WIARNG
Director of Installation Management
L
Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk