HomeMy WebLinkAbout10-158MAY 11, 2010 10 -158 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: DETERMINATION OF NECESSITY TO ACQUIRE PROPERTIES
FOR LANDFILL GAS VENTING SYSTEM:
A) 1035 -1037 WEST SOUTH PARK AVENUE
B) 1039 -1041 WEST SOUTH PARK AVENUE
C) 1043 -1045 WEST SOUTH PARK AVENUE
D) 1527 -1529 KNAPP STREET
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the City Administration has determined it is in the best interests of
the City of Oshkosh to acquire certain properties as a safety measure from methane
gas emanating from a former landfill and in conjunction with the landfill gas venting
system project; and
WHEREAS, completion of said project requires acquisition of properties as
described in the attached "Exhibit A ".
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the Common Council certifies it is necessary for the City to acquire
properties as described in the attached "Exhibit A" in order for said purpose to be
accomplished. It is further determined by the Common Council that acquisition of the
above described properties and as shown in the attached are hereby determined
necessary pursuant to the provisions of Sections 32.05 and 32.07 of the Wisconsin
Statutes.
"Exhibit A"
Land Acquisitions as Part of Landfill Gas Venting System
A) 1035 -1037 West South Park Avenue; Winnebago County Housing Authority,
owner
Lot 1 of CSM 789 recorded as Doc. #553340, Register of Deeds Office, 13th
Ward, City of Oshkosh, Winnebago County, Wisconsin (ID #913 - 0734 -0600)
B) 1039 -1041 West South Park Avenue; Mersim /Isabel Mena, owners
Lot 2 of CSM 789 recorded as Doc. #553340, Register of Deeds Office, 13th
Ward, City of Oshkosh, Winnebago County, Wisconsin (ID #913 - 07340 -0700)
C) 1043 -1045 West South Park Avenue; Mena Mersin, owner
Lot 3 of CSM 789 recorded as Doc. #553340, Register of Deeds Office, 13th
Ward, City of Oshkosh, Winnebago County, Wisconsin (ID #913 - 0734 -0800)
D) 1527 -1529 Knapp Street; AR Properties, owner
Tract 1 of CSM 414 recorded as Doc. #521724, Register of Deeds Office, 13th
Ward, City of Oshkosh, Winnebago County, Wisconsin (ID #913 - 0734 -0300)
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn BurichW,_�
Director of Planning Services
DATE: May 20, 2010
RE: Determination of Necessity to Acquire Property / 1035 - 1043 W. South Park Avenue
and 1527 -1529 Knapp Street (Plan Commission Recommends Approval)
BACKGROUND
The four properties proposed for acquisition total approximately 1.25 acres and each contain two -
family rental units and accessory structures. Three of the four properties are located on the south side
of West South Park Avenue and the last being located on the west side of Knapp Street. All the
properties are adjacent to Quarry Park West, a City -owned former landfill now used for passive
recreation. Due to the decomposition of organic materials in the former landfill, methane gas has been
leaching through the soil and bedrock creating a potential for it to enter the basements of nearby
homes. The City has taken action to address the methane problem initially by venting the gas into the
atmosphere by way of a passive venting system. More recently, the City hired AECOM to conduct a
thorough investigation of the former quarry site to better manage the methane. This investigation led
to the February 9, 2010 Oshkosh Common Council approval of a Conditional Use Permit (CUP) for
construction of a public utility structure that will assist with the venting of methane on the former
quarry located on the west side of Knapp Street.
ANALYSIS
A methane collection system is in the process of being installed which required locating the face of the
previous quarry and the determination of the extent of the area that garbage was disposed of on the
site. AECOM, as part of the study conducted, recommends acquiring the four properties that have
garbage located within 50' of their building foundations as the proximity of these structures to the
quarry face and decomposing garbage may present a significant risk to the properties. The owners
have been contacted and are all aware of the recommendation for the City of Oshkosh to acquire their
property. Partial funding has been included in the 2010 Capital Improvement Program budget for
these acquisitions, and if approved, the City intends to raze the structures and restore the sites to a
natural vegetated state. The Department of Public Works and Fire Department are coordinating to
provide abutting and nearby properties with methane detectors as an additional safety feature.
FISCAL IMPACT
The acquisition of these properties by the City will have a negative effect on the City's tax roll. Of the
four properties included in the acquisition request, three are currently taxable and have an assessed
value equaling approximately $400,000. These three properties currently pay approximately $9,150
per year in property taxes to all taxing jurisdictions (State, County, City, School District, and
Vocational School) with the City's portion being approximately $3,350 per year. The fourth property
is currently owned by the Winnebago County Housing Authority and does not pay taxes in a traditional
manner but if it was included on the tax roll would contribute approximately $3,000 per year in
property taxes to all taxing jurisdictions with the City's portion being approximately $1,100 per year.
RECOMMENDATION
The Plan Commission approved of this request at its May 4, 2010 meeting.
Approved,
City Manager
ITEM: DETERMINATION OF NECESSARY TO ACQUIRE PROPERTY 1035 - 1043
W. SOUTH PARK AVENUE AND 1527 KNAPP STREET
Plan Commission meeting of May 4, 2010
GENERAL INFORMATION
Applicant: City of Oshkosh- Department of Public Works
Property Owners: Multiple
Action(s) Requested:
The City of Oshkosh Department of Public Works is requesting approval to acquire approximately
1.25 acres comprised of four parcels along W. South Park Avenue and Knapp Street as a safety
measure from methane gas emanating from a former landfill south of the subject site.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The four subject properties each contain two - family rental units and accessory structures. Three of
the four properties are located on the south side of W. South Park Avenue and the last being
located on the west side of Knapp Street. All the properties are adjacent to Quarry Park West, a
City -owned former landfill now used for passive recreation. Due to the decomposition of organic
materials in the landfill, methane gas has been leaching through the soil and bedrock and entering
basements of nearby homes. The City has taken action to address the methane problem initially by
venting the gas into the atmosphere. More recently, the City has hired AECOM to conduct a more
thorough investigation of the site to better manage the methane problem. On February 9, 2010, the
Oshkosh Common Council approved a conditional use permit for construction of a public utility
structure to assist the venting of methane on the west side of Knapp Street.
Subiect Sites
Existing Land Use
Zonin
Two Family Residential
R -2
Adiacent Land Use and Zonin
Existing
Uses
10 Year Land Use Recommendation
Zonin
North
Single-Family Residential
Si ........ .. .. ................
R -1
South
... ...... .........
Quarry Park West .
R -1 ...............................
......................
East
....... ................................................_ . _ ................................................._ ................................... ..................................................................................................................................................................._...............................................................
& Two- Fami_ly.. Residential......................................_._......................._........................
..._._..............._R-
.1..._& R -2
................................................................ ...............................
...................Single
West
Multi- Family Residential
I R -3
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Residential
20 Year Land Use Recommendation
Residential
ANALYSIS
The City of Oshkosh owns the vacant land referred to as Quarry Park on the east and west side of
Knapp Street south of W. South Park Avenue. Prior to 1950, the City acquired the former
Oshkosh and Faber Stone Quarries. From approximately 1950 to 1960 the City filled these areas
with municipal garbage. The Department of Public Works in conjunction with AECOM
monitored these sites. Groundwater in the area has lowered over time. The lower ground water
elevation has exposed additional garbage to air. The organic material in the garbage will
decompose and create methane gas when exposed to air. The City has awarded a contract to install
a methane collection system in these areas to control the spread of any methane gas. Part of this
project required locating the face of the quarries, or rock edge, and determining the extents of the
garbage disposed of on these sites.
The consultant, AECOM, has completed the work required to locate the limits of the
garbage. AECOM recommends acquiring the four properties that have garbage proceeding to
within 50' of the building foundations. The proximity of these structures to the quarry face and
garbage present a significant risk to these properties. The four properties are 1035, 1039 and 1043
W. South Park Ave and 1527 Knapp St. All property owners have been contacted and are aware
of the recommendation to have the properties acquired by the City. Each of the properties are
multiple family rental units. Partial funding is included in the 2010 Capital Improvement Program
budget. The Department of Public Works and the Fire Department are coordinating to provide
abutting properties with methane detectors as an additional safety feature.
If the acquisition is approved, the City will raze all of the structures and restore the sites to a
natural state.
RE COMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the proposed land
acquisitions 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 surrounding area and stated that all the
properties proposed to be acquired are rental units. He reviewed the conditional use permit
recently approved to allow the methane venting system that was currently being installed on the
site and reviewed the history of the site and explained the reasons for the methane issues in this
area. The land acquisition was being recommended by AECOM after completing a thorough
investigation of the site and ways to better manage the methane problem. He further stated if the
land acquisition is approved, the City would raze the existing structures and restore the sites to a
natural state and methane detectors would be provided to the remaining abutting properties as an
additional safety feature. Partial funding has been budgeted in the 2010 Capital Improvements
Program for the land acquisitions.
Mr. Hinz questioned if the groundwater in the area has lowered, was the area potentially going to
expand over time due to the possible movement of the refuse requiring the acquisition of
additional properties.
Item —Land Acquisition — W South Park/Knapp
Steve Gohde, Assistant Director of Public Works, responded that the area would not expand as it is
bound by the edges of the quarry and that the interior of the quarry walls would prevent the
garbage from moving laterally in the area.
Mr. Palmeri inquired what the worse case scenario would be if the structures on the site were
allowed to remain.
Mr. Gohde replied that the build up of methane in the homes could potentially cause an explosion.
Mr. Thorns questioned if methane gas was currently getting into basements of the properties
proposed to be acquired.
Mr. Gohde responded that the methane gas may not be getting into basements however the rental
units are mainly constructed on cement slabs without basements and it could possibly be getting
into the buildings.
Mr. Thorns reiterated the concern that the area could expand to other properties currently not
included in the proposed acquisition.
Mr. Gohde stated that the other homes in the area are far enough away and were not a concern. He
further commented that the active methane system currently being installed will be discharging the
gas into the air.
Isabel Mersim, 181 East Moore Street, Berlin, owner of the units located at 1039 and 1043 West
South Park Avenue, stated that she had some communication with the City regarding this matter
and that she allowed them on the property to assess the situation. She further commented that the
workers on the site have discussed the issue with her tenants and have told them that it was a
dangerous situation and that the home could potentially blow up. She voiced her concerns
regarding what is going to happen to her tenants as far as relocation and stated that she did not
have a problem selling the property to the city but was concerned her tenants would stop making
their rent payments if they knew they would be required to move out. She also commented that
she had owned these properties for less than ten years and questioned why this issue had not been
brought up in the past. She anticipated using the income from the properties as retirement funds
and stated that she had invested a substantial amount in this venture.
Terry Abraham, a partner of A R Properties, 1720 River Mill Road, owner of the property at 1527-
1529 Knapp Street, stated that he heard that $300,000 was budgeted for the land acquisitions. He
questioned how the issue was going to be handled and if fair market value was going to be used for
the purchase price.
Mr. Gohde responded that the approval of the land acquisition from the Plan Commission and
Common Council was the first step in the process. If approved, the properties will be appraised
before beginning negotiations with the owners for acquisition. $300,000 is currently in the budget
for 2010 but it will not be sufficient to cover the costs of acquisition of all four properties. There
will have to be some evaluation of where the highest danger lies to determine which properties will
be acquired first.
Item — Land Acquisition — W South Park/Knapp 3
Mr. Fojtik inquired if the approval of the land acquisition would give the City the right to begin the
negotiation process.
Mr. Gohde replied that it would and the process of eminent domain could begin.
Ms. Propp commented that the property owners need to be made aware of the process of eminent
domain sooner rather than later and explain the steps of the process and how it proceeds through
the acquisition.
Mr. Gohde stated that the information has already been provided to property owners who have
requested it.
Mr. Palmeri questioned what the timeline was for the proposed acquisitions.
Mr. Gohde responded that appraisals would take 3 -8 weeks after which an agreed upon purchase
price has to be reached with the earliest timeline for acquisition being two months and the latest
nine months.
Mr. Palmeri then questioned if methane detectors were currently in place in the residences and if
there was a need for the tenants to be frightened.
Mr. Gohde replied that the detectors were in place at one time but he was not aware of how many
were still in service. He further stated that there was not a need for tenants in these units to be
frightened as the methane gas will be dispensed more easily this time of year.
Mr. Hinz inquired if the properties located at 1021 West South Park Avenue and 1521 -1523 Knapp
Street were in danger as well since they were adjacent to the properties proposed to be acquired.
Mr. Gohde responded that the properties AECOM was recommending acquiring were necessary as
the refuse is within 50 feet from the structures. The main house at 1021 West South Park Avenue
was further away and reviewed the location of the line of the quarry. He stated that methane
detectors will be in place for the remaining properties as an additional safety feature.
Gary Theabo, 1639 Knapp Street, stated that his property was adjacent to the south of Quarry Park
West and had been there since 1836 and voiced his concern that this issue would not affect his
property values.
Mr. Fojtik suggested he speak with Steve Gohde regarding this matter.
Jeff Rasmussen, a partner in A R Properties, owner of the property at 1527 -1529 Knapp Street,
questioned which properties would be a priority as it will be difficult to rent the units if the site is
considered dangerous.
Mr. Fojtik suggested he speak with Steve Gohde regarding this matter as well.
Mr. Rasmussen stated that hiring appraisers should not be necessary as there is already an assessed
value on the property.
Item — Land Acquisition — W South Park/Knapp 4
Mr. Nollenberger commented that he previously lived in a city where methane gas issues existed
which resulted in an explosion and he appreciated the City taking a proactive stance on the matter.
Mr. Thoms stated that these were income producing properties that the owners would not be able
to rent under these circumstances and recommended that the properties all be purchased at one
time.
Mr. Burich responded that the purchases of these properties would have to be handled from a
yearly budget standpoint which is a Common Council issue and that there did not appear to be any
immediate concerns regarding the properties. He suggested that the property owners address their
concerns regarding this matter at the Common Council meeting.
Mr. Bowen commented that these units have existed on this site for 10 -15 years and questioned
how the city permitted these homes to be built on this land considering the circumstances.
Mr. Burich replied that he was not with the City at that time and could only speculate that when
the building permits were issued, the information regarding the terrain and the ramifications of
filling in an existing quarry were not known at that time.
Mr. Thorns stated that the City should move with all haste to acquire these properties as the
potential of a dangerous situation was really unknown at this point.
Motion by Nollenberger to approve the land acquisition as soon as possible of property
located at 1035 through 1043 W. South Park Avenue and 1527 Knapp Street as requested.
Seconded by Propp. Motion carried 8 -0.
Item —Land Acquisition — W South Park/Knapp 5
Page 1 of 1
Foland, Deborah F.
From: Gohde, Steven M.
Sent: Tuesday, April 27, 2010 6:41 PM
To: Foland, Deborah F.
Cc: Burich, Darryn
Subject: RE: memo for land acquisition
RE: Acquisition of 4 properties near Quarry Park
The City of Oshkosh owns the vacant land referred to as Quarry Park on the east and west side of Knapp Street
south of W. South Park Ave. Prior to 1950 the City acquired the former Oshkosh and Faber Stone Quarries.
From approximately 1950 to 1960 the City filled these areas with municipal garbage. The Department of Public
Works in conjunction with AECOM monitor these sites. Groundwater in the area has lowered over time. The
lower ground water elevation has exposed additional garbage to air. The organic material in the garbage will
decompose and create methane gas when exposed to air. The City has awarded a contract to install a methane
collection system in these areas to control the spread of any methane gas. Part of this project required locating
the face of the quarries, or rock edge, and determining the extents of the garbage disposed of on these sites.
The consultant, AECOM, and contractor have completed the work required to locate the limits of the
garbage. AECOM recommends acquiring the four properties that have garbage proceeding to within 50' of the
building foundations. The proximity of these structures to the quarry face and garbage present a significant risk to
these properties. The four properties are 1035, 1039 and 1043 W. South Park Ave and 1527 Knapp St. All
property owners have been contacted and are aware of the recommendation to have the properties acquired by
the City. Each of the properties are multiple family rental units. Partial funding in included in the 2010 Capital
Improvement Program Budget. The Department of Public Works and the Fire Department are coordinating to
provide abutting properties with a methane detectors as an additional safety feature.
4/28/2010
LAND ACQUISITION MEITZEN ETAL MARK E GUETSCHOW ETAL GARY A
1035 -1043 W SOUTH PARK AV 1064 W SOUTH PARK AVE 1050 W SOUTH PARK AVE
1527 KNAPP ST OSHKOSH WI 54902 6638 OSHKOSH WI 54902 6638
PC: 05 -04 -10
ZIEBELL MICHAEL
1021 W SOUTH PARK AVE
OSHKOSH WI 54902 6637
MENA MERSIM /ISABEL M
181 E MOORE ST
BERLIN WI 54923
RE 1039 -1045 W SOUTH PARK AV
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903 1130
RE 1602 KNAPP ST /925 FLORIDA
LUTHER RUTH
941 ERIE AV
OSHKOSH WI 54902
WINNEBAGO CTY HOUSING AUTH
PO BOX 397
OSHKOSH WI 54903 0397
RE 1035 -1037 W SOUTH PARK AV
A R PROPERTIES
1720 RIVER MILL RD
OSHKOSH WI 54901 2769
RE 1527 -1529 KNAPP ST
RUEDINGER PHILLIP R
PO BOX 368
WINNECONNE WI 54986 0368
RE 1051 -1061 W SOUTH PARK AV
ZWICKY WILLIAM A /SANDRA
1201 COUNTY TRUNK I
OSHKOSH WI 54902 9168
RE 1521 -1523 KNAPP ST
STEINHOFF DOUGLAS W
1034 W SOUTH PARK AVE
OSHKOSH WI 54902 6638
EICHSTADT WILLARD LIFE EST
940 FLORIDA AV
OSHKOSH WI 54902
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DISCLAIMER LAND ACQUISITION O
This map is neither a legally recorded map nor 1035 -1043 W SOUTH PARK AV �7
a survey and It Is not intended to be used as one. jr f HKOf H
This drawing is a compilation of records, data
and Information located In various city, county 1527 KNAPP ST -T.. WATER
and state offices and other sources affecting
the area shown and it Is to be used for reference C ity 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 Community Development
City of Oshkosh. Scale. 1 100
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DISCLAIMER
This map Is neither a legally recorded map nor
a survey and it is not Intended to be used as one.
This drawing Is a compilation of records, date
and information located In various city, county
and state offices and other sources affecting
the area shown and It Is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
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LAND ACQUISITION
1035 -1043 W SOUTH PARK AV
1527 KNAPP ST
Scale: 1" = 100'
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ON THE WATER
City of Oshkosh
Department of
Community Development
04/28/10
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