HomeMy WebLinkAbout09-360ASEPTEMBER 8, 2009 09 -360A 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(CARRIED 6 -1 LOST LAID OVER WITHDRAWN )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:
A) PORTION OF 325 SOUTH EAGLE STREET 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:
A) 11 ± acres at 325 South Eagle Street, Tipler Middle School, at a purchase
price of Three Hundred Fifty -Nine Thousand Four Hundred Fifty and NO /100
($359,450.00), 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 325 SOUTH EAGLE STREET
(TIPLER- MIDDLE SCHOOL)
0
OfHKOf H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn
Director of Co nity Development
DATE: September 3, 2009
RE: Authorize Acquisition of a Portion of 325 South Eagle Street 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 part of a 19 +/- acre parcel currently used as a middle school by the Oshkosh Area School
District. The middle school is located on the west side of S. Eagle Street between Witzel Avenue and Bismarck
Avenue. With the exception of the school, the general area is comprised of a mix of single family, two family
and multiple family uses. The City has been in discussions with the School District to acquire a proposed
11.7656 acre outlot for construction of a dry stormwater management basin.
ANALYSIS
The Department of Public Works is requesting to acquire the 11.7656 acre portion of land located at Perry
Tipler Middle School site. The outlot is west of the existing school facility and is approximately 490 feet wide
by 1,107 feet deep with the exception of a 0.67 acre parcel cut out of the southwest corner of the property to be
utilized for future residential development. This site was recommended after the completion of a stormwater
management study for the Campbell Creek Watershed to reduce flooding in the surrounding area. The basin
will be designed to manage a 100 -year storm event and hold stormwater runoff until the downstream system can
convey the water away. The City is looking to purchase this land from the School District and, construct the dry
detention basin with track and athletic fields at the bottom of the basin, which means the school will not lose any
student amenities. The School District will maintain the pond for the city in exchange for use of the field.
FISCAL IMPACT
The pond will be purchased with budgeted funds in the 2009 Capital Improvement Program (CIP). The
purchase price of the property is $359,450.
RECOMMENDATION
The Plan Commission approved of this request at its August 18, 2009 meeting.
Approved,
City Manager
ITEM: AUTHORIZATION TO ACQUIRE PROPERTY LOCATED AT 325 S. EAGLE
STREET (PERRY A. TIPLER MIDDLE SCHOOL)
Plan Commission meeting of August 18, 2009
GENERAL INFORMATION
Applicant: City of Oshkosh Department of Public Works
Owner: Oshkosh Area School District
Action Requested:
Acquisition of 11.7656 acres of land from the Perry A.Tipler Middle School property for construction of a
dry stormwater management basin.
Applicable Ordinance Provisions:
N/A
Property Location, Type and Background Information:
The subject property is part of a 19 +/ -acre parcel currently used as a middle school by the Oshkosh Area
School District. The middle school is located on the west side of S. Eagle Street between Witzel Avenue
and Bismarck Avenue. With the exception of the school, the general area is comprised of a mix of single,
two and multiple family uses. The City has been in discussions with the School District to acquire a
proposed 11.7656 acre outlot for construction of a dry stormwater management basin.
biect Site
Middle School & Accessory Uses I R -1 & R -3
acent Land Use and
Single & Two - Family Residential, R -1 & R -3
North Institutional
.... .. .............................................. _....... ................................................................................... ................................................... ............. ............................. .......
............................. ..........._...................
South Single Family Residential R -1
. ...
................ ...............................
East Single & Multi- Family Residential R -1 & R -3
.... . . . I.
West Single & Two - Family Residential R -1 & R -2
ANALYSIS
The Department of Public Works is requesting approval to acquire a proposed 11.7656 acre outlot located
at the Perry A.Tipler Middle School site. The outlot is west of the existing school facility and is
approximately 490 feet wide by 1107 feet deep with the exception of a 0.67 acre parcel cut out of the
southwest corner to be utilized for future residential development. The land is proposed to be purchased by
the City to be utilized for stormwater management.
The Department of Public Works hired Strand and Associates of Madison to complete a stormwater
management study for the Campbell Creek Watershed. One of the recommendations of the study is to
create a dry stormwater detention basin behind Tipler Middle School. The report was presented to the
Common Council who has directed the Department of Public Works to pursue construction of this basin.
The City is looking to purchase this land from the school district and construct the basin with a track and
athletic fields at the bottom of the basin therefore; the school will not lose any student amenities. The basin
will be designed to manage a 100 -year storm event and hold stormwater runoff until the downstream
system can convey the water away. By holding the water in the basin, surrounding streets and properties
will have a reduced negative impact from potential flooding.
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 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. Nau presented the items and reviewed the site and surrounding area. He explained that the land
acquisition would be 11.76 acres with Outlot 1 designated for the proposed dry stormwater detention pond.
He further commented that the proposal was a result of recommendations from Strand and Associates of
Madison who completed a stormwater management study for the Campbell Creek watershed. He also
reviewed the land division which includes four lots with Lot 1 designated for continued use by the school
district, Lots 2 and 3 designated for sale for residential use, and Outlot 1 for the proposed detention basin.
He also stated that the conditional use permit was necessary for the detention basin which would be located
west of the school site and was designed to manage a 100 -year storm event. He reviewed the site plan for
the basin which would be 7 -8 feet below the surrounding area and explained that the use of the property
would not change and that no solid screening would be required around the pond in the form of fencing
and /or four season's hedge.
Mr. Borsuk requested that someone explain how the dry detention basin would work.
Mr. Gohde, Assistant Director of Public Works, explained that the storm sewer piping opens into a ditch
and displayed where the pipe would be located on the site plan. The discharge of water would occur on the
west side by the pond through West Third Avenue. The basin would be designed to hold water for up to
two days following a 100 year storm event and lesser times for smaller events. A low flow pipe will be
installed under the basin to allow for flow from small events to pass through without impacting the athletic
fields and the basin would have under drains to allow for the fields to dry more quickly and be usable again
in a shorter time.
Mr. Thorns questioned what area would benefit from the installation of this detention basin.
Mr. Gohde responded that the area around Landmark Plaza and Westfield Street would benefit from this
and commented that both areas had significant flooding issues in the past.
Item — 325 S. Eagle Street Land Acquisition
Mr. McHugh asked if the City would be replacing the pipe in the ditch area or removing the debris to assist
in the water drainage.
Mr. Gohde replied that a box culvert large enough to convey the water flow would be installed.
Mr. Borsulc inquired what the release rate would be.
Mr. Gohde responded that the basin would take up to two days to drain after a significant event.
Mr. Borsuk questioned if it was based on a five or 10 year rate.
Mr. Gohde replied that he did not have actual numbers on the rate available at this time, but the basin
would assist the system with downstream flows.
Mr. Fojtik asked if the basin would provide any relief with runoff from winter snowfalls.
Mr. Gohde responded that any excess water would be held in the basin for a period of time and that the
athletic fields would be in a condition for use sooner than they are currently.
Mr. Thoms questioned if this would mitigate the flooding issues in this area.
Mr. Gohde replied that it was designed to manage a 100 year flood event and was one step in the process of
controlling stormwater runoff and would assist in mitigating flooding issues in this area.
Mr. Thoms inquired if safety would be an issue when the basin is full.
Mr. Gohde responded that it was designed as a dry basin and would be vacant the majority of the time. The
basin would have no vertical sides but would be sloped and would be designed to be 4 -6 feet below ground
elevation with the extreme center of the basin to be approximately 4 '/z feet.
Mr. Lowry asked if the water would overflow the detention basin, where would it go.
Mr. Gohde stated that the overflow route would be to the north side of the existing school administration
building and would be more defined when the construction was complete.
Mr. Monte questioned where the current flow of stormwater was located.
Mr. Gohde responded that the current flow goes through a pipe under Highway 41 in the Landmark Plaza
area and ends up flooding the streets when the runoff is too great.
Mr. Lowry inquired if the area around Lourdes High School would benefit from the installation of this
basin.
Mr. Gohde replied that it would as it is downstream from the area of the basin.
Everet Goodwin, 408 Reichow Street, stated that he lived on the corner of Reichow Street and Bismarck
Avenue, and had flooding issues last year. He inquired how this would affect the west side and how this
will help with water flowing from the south.
Item — 325 S. Eagle Street Land Acquisition
Dave Weiler, 1621 Bismarck Avenue, stated that he has owned his home since 1998 and was located by the
proposed Lot 2 which was designated for sale for residential use. He voiced his concerns with what types
of homes would be built on the lot and commented that his home had a relatively small yard but he
benefited from the large school property next door. He further commented that the field near his property
has not flooded beyond its perimeters and he has not had flooding issues on his property and was concerned
that the construction of the detention pond would create flooding on his site. He also stated that he had
issues with the notification process the city uses for informing adjacent property owners and that neighbors
were not aware of the plan until meeting notices were recently received. He spoke with David Patek and
Steve Gohde in the Department of Public Works about the matter and was told that he should have been
aware of the plans from articles in the newspaper and that he would not be the only person affected by this.
He commented that he felt it would be a detriment to the area and voiced his concerns with the basin being
five feet deep in the center and requiring a day or two to drain. The issue was creating anxiety among the
neighbors although Public Works has assured him that the basin would be constructed with a gradual grade
which would allow a person to get out of the pond if necessary. He was concerned with the water carrying
a current and commented that if the current water flow is crossing under Highway 41 and across the retail
developments, why it cannot be prevented from reaching that point rather than be retained in the basin.
Maribeth Krawczyk, 1605 Witzel Avenue, stated that she lives to the east of the proposed Lot 3 and was
concerned with having a pond with four feet of water contained in it and the potential current in it.
Lori Halstead, 1615 Bismarck Avenue, inquired if any other studies have been completed and voiced her
concern with locating a large pond in a residential area where children are present as it seemed to be a
safety issue. She also questioned if there were any comparisons where this had been done in other cities
and if there were any issues related to it. She also had concerns with the costs that would be spent on this
project and inquired as to how much federal and DNR funding would be received and how much of the
costs the city would have to assume.
Mr. Gohde stated that in regard to the affect this basin would have on the south side of the area, it would
contain more water in the area and he did not have flood elevations available with him, but any adjacent
property owners who had concerns could stop by the Public Works office and he could further explain this
issue. In regard to the concerns about the water current, he commented that all water has some current and
a grate will be installed to allow assistance in getting out of the pond if necessary. The detention pond will
reduce the current in the water flow and in low flow events, would not create any standing water in the
basin. Relating to other stormwater management studies completed, he stated that other studies were
completed behind the Armory facility, in the Menard Drive area, and upstream in the area of the Westhaven
Golf Course and the intersection of 9 1h Avenue and Washburn Street. Mr. Gohde stated that he did not
have cost figures for the construction of the basin available at today's meeting, but if anyone was interested
in discussing the costs relative to the project, they could stop by his office and he could share this
information with them. In regard to this type of basin construction in other cities, Mr. Gohde stated that a
similar project was completed in Madison and the basin`has only had water contained in it on one occasion
and it was minimal. He also commented that managing the flooding issues in the city would take a multi -
phased plan and that all issues could not be corrected atone time.
Mr. Borsuk commented that when the item is presented to the Common Council, he felt it would be
beneficial to have watershed pictures to assist in clarifying the issues. He commented that the basin would
help deal with the flooding issues and questioned if there were any thoughts of more than a flood control
project such as dealing with cleanliness as well.
!tern — 325 S. Eagle Street Land Acquisition
Mr. Gohde replied that when dealing with issues relating to solids in the water, a wet detention basin would
be more effective; however it would not be in the best interest of neighbors and the athletic fields on the
site. Other areas in the community were being considered for the construction of wet basins.
Mr. Fojtik questioned if the City was purchasing the property, would it then be leased back to the Oshkosh
Area School District as they would continue to utilize the site for the athletic fields.
Mr. Gohde responded that the City would own the property, but the School District would continue to
maintain the site.
Mr. Fojtik stated that he lived in the Sawyer Creek area and he felt it was a reasonable attempt for dealing
with a large piece of the problem. He further commented that he realized that there were some concerns
with children playing in the water; however children were playing in the flood water last year in the streets.
He felt this was a small step in tackling a long term problem.
Mr. Borsuk agreed and stated that it was a necessary program to resolve the City's flooding issues.
Mr. Monte also agreed and commented that the flooding issues needed to be addressed and this would be
the first step of many and will use property that taxpayers already own rather than sacrifice valuable land
for this purpose.
Mr. Nollenberger agreed as well and commented that you have to look at the big picture and he felt this
was the right step forward.
Mr. Hinz concurred and stated that he previously resided in Florida where both wet and dry detention
basins were prevalent and from his experience, children did not enter the ponds as they are very dirty and
not too inviting to play in.
Mr. McHugh inquired if the pond proposed for the Armory site would be constructed this year.
Mr. Gohde responded that the City hopes to acquire the land this year with construction not planned until
the coming year. He further stated that the Campbell Creek watershed has two branches, the one that is
being discussed today and the Armory site is the other.
Mr. Thorns commented that he felt that flooding in the city will only get worse with continued development
and that construction of detention ponds was necessary to address the issue. He further commented that
new developments are required to control stormwater runoff from their sites; however the need for the
detention basins is still there and the Common Council has made it clear that they want to correct the
flooding issues in the community and it needs to start somewhere.
Mr. Lowry also concurred and stated that channeling water to ponds such as this was the best resolution to
the situation.
Motion by Nollenberger to approve the acquisition of property, the four lot land division, and the
conditional use permit to develop a dry stormwater basin located at 325 S. Eagle Street.
Seconded by Monte. Motion carried 9 -0.
Item — 325 S. Eagle Street Land Acquisition
The Department of Public Works hired Strand and Associates of Madison to complete a
Stormwater Management Study for the Campbell Creek Watershed. One of the
recommendations of the study is to create a dry stormwater detention basin behind Tipler
Middle School. The report was presented to the Common Council and they have directed
the Public Works Department to pursue the construction of this basin. The property is
currently owned by the Oshkosh Area School District. The City is seeking to purchase
the area needed for the dry detention basin and construct the basin with a track and
athletic fields in the bottom of the basin. The basin will be designed to hold the 100 year
storm event. The basin will hold the stormwater runoff until the downstream system can
convey the water away. By holding the water in the basin the surrounding properties and
streets will have fewer impacts from floods.
The basin will hold water for up to two days following a 100 year storm event and lesser
times for smaller events. A low flow pipe will be installed under the basin to allow flow
from small events to pass through without impacting the athletic fields. The basin will
have under drains to allow for the fields to dry more quickly and be usable again in a
shorter time. An ADA accessible walkway will be constructed allow access to the track
in the bottom of the basin. The side slopes near the school and Bismarck Ave. are
proposed to be 5 to 1 to allow for easier access to the fields.
Up to three additional residential lots will be available for the School District's
Vocational Education program. One lot is located on Witzel Ave and the others on
Bismarck Ave. The CSM creates two lots with lot 2 being large enough to split into two
lots.
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DISCLAIMER Proposed Land Division by School District;
This map is neither a legally recorded map nor Land Acquisition by City;
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data Conditional Use permit by City
and information located in various city, county
and state offices and other sources affecting City Oshkosh Wisconsin
the area shown and it is to be used for reference N Community Development
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. 1 — 300' 8/6/09
If discrepencies are found, please contact the
City of Oshkosh.
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DISCLAIMER Proposed Land Division by School District;
This map is neither a legally recorded map nor Land Acquisition by City;
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data Conditional Use permit by City
and information located in various city, county
and state offices and other sources affecting City Oshkosh Wisconsin
the area shown and it is to be used for reference N Community Development
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. 1 — 300' 8/6/09
If discrepencies are found, please contact the
City of Oshkosh.
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