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HomeMy WebLinkAbout10-166MAY 25, 2010 10 -166 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER / ACQUIRE PROPERTIES FOR QUARRY PARK LANDFILL GAS VENTING SYSTEM INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council has previously determined the necessity to acquire certain properties as a safety measure adjacent to Quarry Park in connection with the former landfill located on the property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Relocation Order is hereby approved in accordance with sections 62.22 and 32.05 of the Wisconsin Statutes, for the purpose of acquiring certain properties adjacent to Quarry Park in connection with the former landfill gas venting system project. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents necessary for implementation of this order and that a certified copy of this Resolution shall be filed with the Winnebago County Clerk within twenty (20) days of its adoption. 0 0-f HK 1H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich f___ Director of Planning Services DATE: May 20, 2010 RE: Relocation Order for Acquisition of 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 RELOCATION ORDER Project Number Name of Project Highway County Contract 10 -08 Quarry Park Landfill Gas Venting System N/A Winnebago Right of Way Plat Date Plat Sheet Numbers Date of Previously Approved Relocation Order 05/1112010 Resolution No. 10 -158 N/A Description of Termini of Project 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) To properly construct the landfill gas venting system designated above, it is necessary to acquire certain lands or interests in lands as shown on the right of way plat for the above project. To effect this change, pursuant to authority granted under Wisconsin Statutes, the City of Oshkosh orders that: The said landfill gas venting system is laid out and established to the lines and widths as shown on the plans. 2. The required lands or interests in lands as shown on the plat shall be acquired by the City of Oshkosh. 3. This order supersedes and amends any previous order issued by the City of Oshkosh. Mark A. Rohloff / City Manager Date MAY 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) QP C ,O 1511 1513 m [:] ID � 9F� [-] ERIE AVE. 4 I 0 �I 4 0 a � 1521 1523 0 N .10' 140.93' 1 6 6 p�\ 1� 12.9' TRACT 1 1527 0 N QN \ � G5� 6 � CSM 414 1529 ' C ' 1 1 � 1 � 62.53' v+. 140' 1p a� B O A 1051 THRU 1061 QUARRY PARK (WEST SIDE) I I ) Q Z `S CITY OF OSHKOSH ENGINEERING DIVISION FILE NAME DRAWN Quarry Park Landfill acquisition 5 -19 -2010 GRAPHIC 0 25 50 1 SCALE: (IN FEET) 1 INCH = 100 FEE' FLORIDA AVE. QUARRY PARK (EAST SIDE) Authorize Acquisitions Quarry Park Landfill Area