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Home My WebLink About09-360BSEPTEMBER 8, 2009 09 -360B RESOLUTION (CARRIED 6 -1 LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE ACQUISITION OF PROPERTIES FROM OSHKOSH AREA SCHOOL DISTRICT; AUTHORIZE AGREEMENT WITH OSHKOSH AREA SCHOOL DISTRICT FOR SCHOOL DISTRICT'S USE OF PROPERTIES: B) PORTION OF 1100 WEST SMITH AVENUE FOR CONSTRUCTION OF STORMWATER MANAGEMENT BASIN INITIATED BY: CITY ADMINISTRATION & OSHKOSH AREA SCHOOL DISTRICT PLAN COMMISSION RECOMMENDATION: All approved WHEREAS, the City of Oshkosh desires to construct stormwater detention basins on the north and west sides of the city to reduce flooding in those areas; and WHEREAS, the Oshkosh Area School District has lands available for sale for said purposes, and is interested in the sale of the District's maintenance facility building on Campbell Road; and WHEREAS, School Administrators and the City Administration have come to a mutually agreeable understanding on the City's acquisition of three parcels, per the attached "Attachment A ". NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase the following properties: B) 1± acre at 1100 West Smith Avenue, North High School, at a purchase price of $28,850 per acre based on a certified survey map to be completed, per the attached terms. Money for this purpose is hereby appropriated from Account No. 561 - 2010- 1702 -00000 Storm Water Utility Land BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents necessary to consummate these transactions. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement(s) with the terms and conditions setforth in the attached "Attachment A ", and to carry out all actions necessary to implement the City's obligations under the agreement(s). PROPOSED ACQUISITION PORTION OF 1100 WEST SMITH AVENUE (NORTH HIGH SCHOOL) OYHKOIH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn y Dev--' Director of Co nitelopment DATE: September 3, 2009 RE: Authorize Acquisition of a Portion of 1100 West Smith Avenue for Construction of Stormwater Management Basin; Approve Agreement with Oshkosh Area School District for the School District's Use of the Property (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY The subject property is a 1.35 acre piece of a 27.5+ acre parcel currently used as Oshkosh North High School which is located in the central portion of the parcel with parking on the west and east sides and athletic fields and tennis courts on the east side. Access to the school is primarily from W. Smith Avenue with a secondary access from Morgan Avenue. With the exception of the school and a large vacant tract of primarily wetlands owned by the City, the general area is comprised of a mix of single and two - family uses. The City has been in discussion with the Oshkosh Area School District to acquire the subject site for construction of a stormwater management basin. ANALYSIS The Department of Public Works is requesting to acquire the 1.35 acre portion of land located west of the existing school facility, north of the westerly parking lot and Morgan Avenue access drive. It is a "flagged" shaped area of land approximately 170 feet wide by 500 feet deep. This site was recommended after the completion of a stormwater management study for the Libby/Nicolet drainage basin to reduce flooding in the surrounding area. The subject area is ideal for the detention use as it is situated near the main storm sewer line that runs beneath Morgan Avenue. By utilizing this area for detention purposes, many of the existing trees on -site can be preserved. FISCAL IMPACT There are funds budgeted in the 2009 Capital Improvement Program (CIP) for land acquisition for stormwater management purposes. The purchase price of $28,500 per acre, based on a certified survey map to be completed, will come out of this budget. RECOMMENDATION The Plan Commission approved of this request at its September 1, 2009 meeting. Approved, City Manager ITEM: AUTHORIZATION TO ACQUIRE PROPERTY LOCATED AT 1100 W. SMITH AVENUE (OSHKOSH NORTH HIGH SCHOOL) Plan Commission meeting of September 1, 2009 GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Owner: Oshkosh Area School District Action Requested: Acquisition of 1.35 acres of land from the Oshkosh North High School property for construction of a stormwater management basin. Applicable Ordinance Provisions: N/A Property Location, Type and Background Information: The subject property is a 1.35 acre part of a 27.5+ acre parcel currently used as Oshkosh North High School by the Oshkosh Area School District. The high school is located in the central portion of the parcel with parking on the west and east sides as well as athletic fields and tennis courts on the east side. The high school is primarily accessed from W. Smith Avenue from the south but a secondary access is located from Morgan Avenue on the west. With the exception of the school and a large vacant track of primarily wetlands owned by the City, the general area is comprised of a mix of single and two - family uses. The City has been in discussions with the School District to acquire the proposed 1.35 acre area for construction of a stormwater management basin. Subiect Site Oshkosh North High School I R -1 acent Land Use and North Vacant Land - Wetlands R -1 ........................................................ ................................. .... .................... . ............. I............................ ............................. ..........................._........................._............... ................... .................:................................................................................................................................................................................. Single Family Residential and Institutional (across 10 Year Land Use Recommendation R -1 South West Smith Avenue) .................................................. . ...................................... . ................... . .............. .... .............. I ............ ... ....... ............... .......... ................. ........................ .............................. ............................................... .................................. ............ ..... . ............... ................. ..................... ............................................. Single and Multiple Family Residential (across R -1 & R -3 East W..iscon.. si Street) _ ................... _ . .. ....... ........................................ ............ ................... ...... .......................................... West .... ....................... ... .... ..... ..........._.... ............................... .................. ............................................................................................................................................ . Single and Two Family Residential R -1 & R -2 Co iensive Plciti �ana� IZeco ' €� �� 4 1 EAd e enl'atio�t se . 10 Year Land Use Recommendation Public Institutional 20 Year Land Use Recommendation Public Institutional ANAINSIS The Department of Public Works is requesting approval to acquire a proposed 1.35 acre portion of land located at the Oshkosh North High School site. The subject area is west of the existing school facility, north of the westerly parking lot and Morgan Avenue access drive. It is a "flagged" shaped area of land approximately 170 feet wide by 500 feet deep. The land is proposed to be purchased by the City and to be utilized for stormwater management. The Department of Public Works hired AECOM (formerly Earth Tech) to complete a stormwater management study for the Libby/Nicolet drainage basin' One of the recommendations of the preliminary report is a need to create a stormwater detention basin behind North High School to reduce flooding in the surrounding area. The subject area is ideal for the detention use as it is situated near the main storm sewer line that runs beneath Morgan Avenue. Additionally, by utilizing this area of land, many of the existing trees on -site can be preserved. The acquisition of the land will not have any impact on the city's tax base as the School District is an exempt entity and does not pay property tax. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the proposed land acquisition as requested. The Plan Commission approved of the land acquisition as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and the surrounding uses and stated that the City was considering purchasing the property for stormwater management use. He also reviewed a map of the Libbey/Nicolet Drainage Study which depicted the stormwater basin area and location of the storm sewer which is right under the street in the area considering to be acquired. He further commented that it was an ideal location for the detention basin and would also preserve the trees in that wetland area as the basin could be located on the parcel to be acquired rather than in the wooded area of wetlands to the north. Mr. McHugh commented that this issue was more political and that the Commission members should not be voting on this as a single item as it was being offered to the City by the School Board as a package deal for a certain sum of money and if the Commission approves of this single item, they would also have to approve other items as well to satisfy the School Board's offer. Mr. Buck stated that the package deal was a decision to be considered by the Common Council and that the Plan Commission needs to look at this item as a separate land use issue. Mr. Borsuk commented that it was good planning individually and that the Commission needs to vote on the item for it to move forward for Common Council consideration. Mr. Burich added that the Plan Commission makes a recommendation to the Common Council to approve or deny a request by voting on the item. It is within the realm of responsibility of the Council to consider the entire package deal of the School Board, which includes the financing. Item -1100 W Smith Ave - Land Acquisition Mr. Gohde presented further explanation to the Commission members of the drainage basin plans and the Libbey/Nicolet Drainage Study map presented. Mr. Thorns asked if all the basins represented on the map currently exist. Mr. Gohde responded that they do not, most are proposed sites for basins. Mr. Thorns then questioned if the proposed basin on this site would be a wet or dry detention basin. Mr. Gohde replied that this proposed area would be for a wet detention basin. Mr. Hinz stated that it appeared that there would be some crossing over between the proposed basins and questioned if it would create issues with the DNR. Mr. Gohde responded that they did not anticipate any issues with the DNR regarding the matter. Motion by Nollenberger to approve the acquisition of property located at 1100 W. Smith Avenue as requested. Seconded by Monte. Motion carried 6 -0 -1. Ayes- Borsuk/Thoms/Fojtik/Monte /Hinz /Nollenberger Nays -none. Abstained - McHugh (he stated that he did not feel he could legally vote on this item) Item -1100 W Smith Ave - Land Acquisition The Department of Public Works hired AECOM (formerly Earth Tech) to prepare a stormwater management plan for the Libbey/Nicolet drainage area. The preliminary report indicates a need to construct a detention basin near North High School to reduce flooding in the surrounding area. The proposed approximate 1.35 acres is located adjacent to City owned lands. This area is situated near the main storm sewer line making it an ideal location for a stormwater basin. A portion of the land is currently used for garden plots. Using this area along with a portion of the City land will allow the City to construct a stormwater management basin without removing as many trees as in other areas of the City land. 3)k m m oLL Nn 0 0 x E 0 Z L N O Y L N L O Z L N O Y L N Y m N IL m m 0 N a m rn c . m c . c w /, A .LAND ACQUISITION ACKERMAN DONALD E TRICKEL WILLIAM PORTION OF 1100 W SMITH AV 1120 S SCHAEFER ST 2400 •WISCONSIN ST PC: 09 -01 -09 APPLETON WI 54915 3.677 OSHKOSH WI 54901 0756 RE 2440 VINLAND ST COSTELLO DAVID A /ANNETTE ZWICKY WILLIAM A /SANDRA OSH AREA SCHOOL DISTRICT 2405 HEARTHSTONE DR 1201 COUNTY ROAD I PO BOX 3048 OSHKOSH WI 54901 OSHKOSH WI 54902 9168 OSHKOSH WI 54903 3048 RE 2430 VINLAND ST RE 1100 W SMITH AV /VAC LOT W LINWOC EASEL CUSTOM BUILT HOMES DEWEY HOMES INC SOLL MICHAEL L /PAULA 2274 WILLOW WAY 3876 PURPLE CREST DR 605 WEATHERSTONE DR OSHKOSH WI 54904 7771 OSHKOSH WI 549b1 1110 OSHKOSH WI 54901 RE VACANT LOT WISCONSIN ST RE VACANT LOT WEATHERSTONE DR FOOTE BRIAN D /MICHELE SHERMAN PETER E /KELLY A DOHERTY GLENN A /BARBARA 625 WEATHERSTONE DR 655 WEATHERSTONE DR 705 WEATHERSTONE DR OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 - 4 9-CHALLHORN...ERIC / ELI ZABETH_ __....,GETCHE-L PAUL R /S-HERRI L, -.,. - _ BEAMAN. MICHAEL J /DEBORA _ Ir55 , WEATHERS TONE DR -- - 4466 HARBOR VILLAGE DR 775 WEATH DR OSHKOSH WI 54901 OMRO WI 54963 9499 OSHKOSH WI 54901 RE 2420 VINLAND ST CLAUSEN WILLIAM D /BARBAR WOODFILL CHARLES /MARGARET GLIDDEN CHRISTINE A 2392 WISCONSIN ST 2390 WISCONSIN ST 1272 MORGAN AVE OSHKOSH WI 54901` OSHKOSH WI 54901 OSHKOSH WI 54901 1835 RE 1270 MORGAN AV RAIL REALTY LLC CITY OF OSHKOSH BUKER MARCUS L /RENEE J 2407 JACKSON ST PO BOX 1130 1275 MORGAN AVE OSHKOSH WI 54901 1507 OSHKOSH WI 54903 1130 OSHKOSH WI 54901 RE VACANT LOT WISCONSIN ST RE VACANT LOT W SMITH AV TRIPP DONALD,J /ESTHER WILLIAMS JACK,.L DUNLAVY LENORE C 2336 WISCONSIN ST- 2362 VINLAND ST 2358 VINLAND ST OSHKOSH WI 54901 7807 OSHKOSH WI 54901 1856 OSHKOSH WI 54901 1856 MOSS BRYON C STELZNER MR /MRS ROLAND J PHILLIPS PAUL L /EUGENE R 2346 VINLAND ST 2314 VINLAND ST 2300 VINLAND ST OSHKOSH WI 54901 1856 OSHKOSH WI 54901 1856 OSHKOSH WI 54901 1856 KOEPPLER KURT A NEABLING RYAN L GABERT DANIEL /NANCY 40 W 6TH AVE W10587 CEDAR 'RD 940 BOWEN`ST OSHKOSH WI 54902 6036 LARSEN WI 54947 9301 OSHKOSH WI 54901 3957 RE 2280 WISCONSIN ST RE 615 W SMITH AV RE '2270 ONTARIO ST 6 - .FIRST UNITED METHODIST CHURCH ALBRECHT JANICE ROCK DAVID D 700 W LINWOOD AVE 2374 WISCONSIN ST 2240 WALNUT ST OSHKOSH WI 54901 1823 OSHKOSH WI 54901 OSHKOSH WI 54901 1862 HILL MR /MRS -OLEN E PECH JR MR /MRS THOMAS R HABSTRITT BARBARA 2245 WALNUT ST 1275 W SMITH AVE 2376 WISCONSIN ST OSHKOSH WI 54901 1861 OSHKOSH WI 54901 1895 OSHKOSH WI 54901 NEVERS JOHN /EILEEN TRUST CARLSON MARY TRUST NAPARALLA MICHAEL 2332 WISCONSIN ST 2330 WISCONSIN`ST PO BOX 400 OSHKOSH WI 54901 OSHKOSH WI 54901 GREENVILLE WI 54942, RE 2334 WISCONSIN ST WRASSE JOHN VERNER ALFRED /BONNIE MALCHOW RITA 2912 W HAWTHORNE RD 2340 WISCONSIN ST 2346 WISCONSIN ST TAMPA FL 33611 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2342 WISCONSIN ST GEURDEN STACY._ "_.: WETTSTEIN_LLOYD TYSON JOHN /BONNIE 2344 "WIS "CONSIN'ST - REICHENBERGER AMY 2350 WISCONSIN ST OSHKOSH WI 54901 2352 WISCONSIN ST OSHKOSH WI 54901 OSHKOSH WI 54901 HUGHES MARILYN CRANE WILLIAM /JEANNE WERBA KATHARINA TRUST 2356 WISCONSIN ST 2354 WISCONSIN ST 526 W SMITH AV OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 WORTMAN MARK WOLLANGK EDWARD /SUSAN HARTJES THOMAS 524 W SMITH AV 528 W SMITH AV 709 WILD ROSE CT OSHKOSH WI 54901 OSHKOSH WI 54901 APPLETON WI 54914 RE 530 W SMITH AV MAROHN`GERTRUDE TRUST SELWITSCHKA JOHN /CAROL FIRL DOROTHY TRUST 546 W SMITH AV 544 W SMITH AV 550 W SMITH AV OSHKOSH WI 54901 OSHKOSH WI. 54901 OSHKOSH WI 54901 CORNELL ROBERT WEINBENDER RUTH TRUST LAST LOIS 548 W SMITH AV 13059 N 99T DR 2300 WISCONSIN ST OSHKOSH WI 54901 SUN CITY AZ 85351 OSHKOSH WI 54901 RE 2302 WISCONSIN ST HINTZE EUGENE /JOYCE LAFONTAINE CHERYL PALECEK PEARL 2304 WISCONSIN ST 2306 WISCONSIN ST 2310 WISCONSIN ST OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 7 HINTZE PAULA HOFFMAN PAUL /SCHULTZ CARLA PATOKA PATRICIA 2312 WISCONSIN ST 2601 TOUCHMARK DR #3 2314 WISCONSIN ST OSHKOSH WI 54901 APPLETON WI 54914 OSHKOSH WI 54901 RE 2316 WISCONSIN ST PURTELL HELEN JOHNSON DENISE BOLLOM DONNA TRUST 2320 WISCONSIN ST 2322 WISCONSIN ST PO BOX 2171 OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54903 RE 2324 WISCONSIN ST EMENECKER JOHN DIXON BARBARA /TAMMY WEINZATL JODI 525 S STATE ST UC -1225 2360 WISCONSIN ST 2362 WISCONSIN ST CHICAGO IL 60605 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2326 WISCONSIN ST WISCONSIN AV DEV CORP HEIN MARILYN HART VICKY W5793 ROYALTROON DR 2366 WISCONSIN ST 2372 WISCONSIN ST MENASHA WI 54952 OSHKOSH WI 54901 OSHKOSH WI 54901 RE 2364 WISCONSIN ST _,. MICHELS SHIRLEY _ TRUST Pb BOX 1005 OSHKOSH WI 54903 RE 2370 WISCONSIN ST EMS r. ® ii ---------------------- -------------------- ---------------------- i T � o AVE ----------- W71 A- ---------------------- -------------------- ---------------------- i T � CAMELOT z ---------- ------- ------ — z ------------- v DISCLAIMER LAND ACQUISITION This map Is neither a legally corded map nor a sury recorded. and It Is not intended to be used as one. PORTION OF This drawing Is a compilation of records, data Of HKO-f H and Information located In various city, county ON THE WATER and state offices and other sources affecting 1100 W SMITH AV City the area shown and It is to be used for reference of Oshkosh purposes only. The City of Oshkosh Is not re- Department of sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the A Community Development City of Oshkosh. Scale: 1 300' Created by - dff 08118/09, 9 M 0p Q U M z SUI BJECT: o 0 SITE N W O ai J M -3 R-3 N 2 E. PACKER ` 2 W: P KER AVE. co ACKER AVE,_ C -2 O AST AVE: o Q o PARK RIDGE z 2 J MARQ TT VE. AVE Q C-2 R. w _ l� M f- LIBBEY A _ g z MOR WEATHERSTONE N f- �. t- o DR. U w C U U o RK DE - o E. z - PAY CT. W. SMITH AVE. O U. E. IT AV O AV w I O N /2LEN AVE. f f L EN AVE. o O � EV R z o z V A R o VIOLA �N 00 A z 0 J GRUENWALD A z COL lA D o w U w AV STI L A o O _ RU IV W ° Q C 2PD r� U) U o W K AVE. rr soo 2oD 100 0 a 100 - G 1 1 9o0 800 700"60 500 40D � 19(70 1 0 1700 160D 1500 1400 1 6 ISTE HO BS VE HU 0 f AVE. ANLEY o v U) O CLA S CT. pO �� c j W. EN A AVE. _ uj D i,t_ O Lu AVE. U m 0 . ]NG ES A F F C:IF2T Fw� I DISCLAIMER LAND ACQUISITION This map is neither a legally recorded map nor PORTION O a survey and it is not intended to be used as one. This drawing is a compilation of records, data 1100 W SMITH AV 1V 1�T OIHKOlH and information located in various city, county pN THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City Of Oshkosh purposes only. The City of Oshkosh is not re- Department Of sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the Community Development City of Oshkosh. Scale. 1 1000 Created by - dff 08118/09 1 -- 77