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Home My WebLink About10-343NOVEMER 9, 2010 10 -343 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE & EXECUTE RELOCATION ORDER; DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY FOR 9TH AVENUE/WASHBURN STREET AREA STORM WATER DETENTION BASIN INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, in November 2006 the Common Council approved the official mapping of lands in the 9th Avenue/Washburn Street area for the purpose of storm water detention; and WHEREAS, the Department of Public Works has completed further study of the area and is recommending the acquisition of properties within the previously approved officially mapped area owned by Lee Engelman, Gail Demler and the Life Estate of Angela Demler, more particularly described in the attached. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council determines that it is necessary and a public purpose for the City to acquire the properties described in the attached for the purpose of construction of a storm water detention basin. BE IT FURTHER RESOLVED by the Common Council that this resolution constitutes a Relocation Order for acquisition of property described in attached in accordance with the title acquisition procedure set forth in Wisconsin Statutes, Section 32.05, said property being in the area of West 9th Avenue and Washburn Street. 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. BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its passage and publication. RELOCATION ORDER Project Number Name of Project Highway County N/A 91h Avenue- Washburn Street Area N/A Winnebago Stormwater Detention Basin Right of Way Plat Date Plat Sheet Numbers Dale of Previously Approved Relocation Order 11/09/2010 Resolution No. 10- N/A Description of Termini of Project Southwest Corner of W. 9th Ave. and S. Washburn St. (Campbell Creek Basin) A part of the NE 1 /4 of the NE '/a of Section 28- 18 -16, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin described as follows: Commencing at the NE corner of said Section 28; thence S. 89 1 51'21" W., 1,017.88 feet along the north line of said Section 28; thence S. 00 1 44'15" W., 277.52 feet to the northeast corner of Lot 2, Certified Survey Map No. 1190 Winnebago County Records also being the true point of beginning; thence S. 89 0 51'21" W., 82.57 feet along the north line of said Lot 2 to the northwest corner of said Lot 2; thence S. 00 1 44'51" W., 118.38 feet along the west line of said Lot 2 to the northeast corner of Lot 2, Certified Survey Map No. 1181 Winnebago County Records; thence S. 89 1 51'21" W., 83.60 feet along the north line of said Lot 2, CSM 1181; thence S. 00 1 41'42" W., 932.68 feet along the west line of said Lot 2, CSM 1181 to the southwest corner of said Lot 2, CSM 1181 also being on the south line of the NE'/ of the NE Y4 of said Section 28; thence N. 89 °49'09" E., 494.59 feet along the south line of the NE' /4 of the NE Y4 of said Section 28; thence N. 00 51'48" E., 897.76 feet; thence N. 89 0 08'12" E., 50.00 feet; thence N. 41 0 40'24" E., 113.08 feet to the westerly line of S. Washburn Street; thence northwesterly 70.54 feet along the arc of a curve to the right being the westerly right -of -way line of S. Washburn Street having a radius of 510.74 feet and the chord of which bears N. 37 0 06'08" W., 70.49 feet; thence S. 45 0 2342" W., 143.56 feet; thence N. 89 °12'09" W., 310.92 feet to the east line of Lot 2 of said CSM No. 1190; thence N. 00 °44'15" E., 108.76 feet along the east line of said Lot 2, CSM 1190 to the northeast corner of said Lot. 2, CSM 1190 also being the true point of beginning. To properly construct the stormwaler detention basin 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 stormwaler detention basin is laid out and established to the lines and wldlhs as shown on the plal. 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 i z �♦ I c Q CL Q p O' (j C o 1 � _ — -- lb Hsn — — ----- — — — — — — — I u E L - - -- — — — — — — — — — - -- I OU(iL) I SOLt Itzi I I I _ f�J 00 q $ z Z g o O � n � z s l L_ J m ay I b � Z o I � •gr � L i V `z 3,9 Y,LS.00N ,8L'CfiB i 'o ff f Z a m PN (00109Bt1•CI '6N Z3JBVd) T I � a n ,9L•90( ( 'ON 17JWd) ' p r , m x a ZS LLZ N m a I �• m (OO101OU•[I - 011 TYJMYd) - O6t1 ma S LOl d L� A 0 I n O ,BC BII� g I 1OlYll {t 'ON l3�Wd) • tGll Y157 Z 107 L ( 00 a I A1,ZY,t Y.00S ,89•Zt6 L7 O 0 ❑ I � ❑ o � —t - - - - - 2 11 GNVM3avfflj � noon ED AE5 � 0 0 J u � Q � 'Q � fl m Of HKO1H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burk Director of ianning Services DATE: November 4, 2010 RE: Approve Authorization to Acquire Property Located at the Southwest Corner of W. 9th Avenue & S. Washburn Street (Plan Commission Recommends Approval) BACKGROUND The subject land acquisitions represent approximately 11.20 acres of a 12.12 accumulation of four parcels. The majority of the parcels are currently vacant with exception of a single- family residence on one of the parcels fronting on W. 91h Avenue that will be retained. The general area is a mix of low and medium density residential uses to the south and west and commercial uses to the east and north. In November of 2006, the Oshkosh Common Council approved the official mapping of the subject site for future use as a stormwater detention basin. The official mapping action protected this area from private development. ANALYSIS The Department of Public Works is seeking to acquire this land for construction of a stormwater detention basin within the Campbell Creek Watershed which will allow for the stormwater runoff to collect at this location and reduce flooding to properties within the watershed. The acquisition involves complete acquisition of three parcels and a partial acquisition of a fourth property which contains an existing single - family residence which will have ample rear yard area remaining. The 2008 Draft Campbell Creek Stormwater Management Plan recommended the construction of three detention basins within the watershed at Tipler School, the Armory property and the Westhaven Golf Course to provide 215 acre -feet of stormwater storage. The Tipler basin was constructed in 2009 and the larger basin proposed for the Westhaven Golf Course was removed for consideration by the Common Council with a smaller basin being proposed adjacent to the Westhaven Clubhouse. The two additional proposed basins at the Armory location and W. 9` Avenue and S. Washburn Street combined with the Tipler and Westhaven basins will provide 158 acre -feet of stormwater storage. If the land is acquired, the Department of Public Works will be required to apply for a conditional use permit to construct the proposed basins. FISCAL IMPACT The undeveloped lands currently contribute approximately $400,000 to the property tax rolls which will become tax exempt as part of the acquisition. RECOMMENDATION The Plan Commission approved of this request at its November 2, 2010 meeting. Approved, City Manager ITEM: AUTHORIZATION TO ACQUIRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF W. 9 AVENUE & S. WASHBURN STREET Plan Commission meeting of November 2, 2010 GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owners: Gail Demler, Angela Demler Life Estate & Lee Engelman Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire approximately 11.2 acres of land from four properties for construction of a storm drainage detention area. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject property is an 11.20 acre part of a 12.12 accumulation of four parcels currently vacant with exception of a single - family residence on one of the parcels fronting on W. 9 Avenue. The general area is a mix of low and medium density residential uses to the south and west and commercial uses to the east and north. In November of 2006, the Oshkosh Common Council approved the official mapping of the subject site for future use as a stormwater detention basin. The official mapping action protected this area from private development. Subiect Site Existing Land Use Zonin Vacant Land /Single Family Residential I R -1 & C -2PD acent Land Use and Lon Existing Uses 10 Year Land Us Recomm Zonin North Residential & Comm ercial _ _ .... R -1 & C -2 South .......... Multiple Family Residential .... ........ .._ ............ . R-3 _ .. ........... East ...._..... ......... . ..._........... ........... Commercial .. ... ..... .._... . ...... .. . .. .. .. .. M -1 & C -2 . . . . ............ ... . .... West . .. ... ...... . . . ..... . ... . . . Multiple Family Residential R -3 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Us Recomm Commercial 20 Year Land Us Recom Comm ercial ANALYSIS The Department of Public Works is seeking to acquire this land for construction of a stormwater detention basin within the Campbell Creek Watershed. The detention basin will allow for the stormwater runoff to collect at this location and reduce flooding to properties within the watershed. The land acquisition involves complete acquisition of three parcels and a partial acquisition of a fourth parcel. The partial parcel acquisition contains the existing single- family residence and with the proposed division, will have ample rear yard area remaining. After the proposed acquisition, the City will prepare a Certified Survey Map for the new parcel configurations. The February, 2008 Draft Campbell Creek Stormwater Management Plan recommended three detention basins to be constructed in the Campbell Creek Watershed. These included basins at Tipler School (34 acre -feet of storage), the Armory property (27 acre -feet of storage) and Westhaven Golf Course (154 acre -feet of storage). The three basins were proposed to provide approximately 215 acre -feet of stormwater storage during a 100 year storm event. The Tipler basin was constructed in 2009 providing the originally proposed 34 acre -feet of storage. The large Westhaven Golf Course project has been removed from consideration by the Common Council. A smaller 25 acre -foot basin is now proposed adjacent to the Westhaven Clubhouse. The proposed expanded armory basin will detain approximately 64 acre -feet of water and the proposed basin near the intersection of W. 9 1h Avenue and S. Washburn Street will detain approximately 35 acre -feet of water. The total stormwater storage upon completion of these basin projects will total approximately 158 acre -feet. The construction of stormwater detention basins at the Armory, 9 th & Washburn and related piping improvements will help reduce flooding to properties within the Campbell Creek Watershed. Additional improvements will be required to further reduce the impacts of flooding in the stormwater drainage basin. If this land is acquired, the Department of Public Works will need to apply for a Conditional Use Permit to construct the basin. At that time, the Plan Commission will review the site plan and design of the proposed basin to analyze the impact on the surrounding properties. RECOMMENDATION /CONDITIONS Planning staff 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. Burich presented the item and reviewed the site, surrounding area, existing land use and zoning classifications. He explained that the parcels proposed to be acquired were undeveloped land and reviewed the acreage of each parcel. He also stated that if the land acquisition was approved, the City would have to come back to the Plan Commission and Common Council for approval of a conditional use permit at a later date for the construction of the detention basin. Mr. Bowen questioned if the parcels had previously been officially mapped for this purpose. Item - Land Acquisition - e & Washburn Mr. Burich responded affirmatively. Mr. Thorns inquired about what areas of the city would benefit from the construction of a detention basin at this location and if the proposed basin would be wet or dry. Steve Gohde, Assistant Director of Public Works, replied that the proposed basin would be a wet detention basin which would assist in the quality of the stormwater as well as alleviate flooding issues and would benefit properties in the Campbell Creek watershed area which would be on the east side of Highway 41. Motion by Palmeri to approve the authorization to acquire property located at the southwest corner of W. 9 th Avenue and S. Washburn Street as requested. Seconded by Thoms. Motion carried 6 -0. Item —Land Acquisition — 9" & Washburn Land Acquisition — Portion of 1415 Armory Place and 1530 S. Koeller St and Land Acquisition — W. 9 Ave and S. Washburn St. The Department of Public Works is seeking to acquire this land for the construction of a two stormwater detention basins within the Campbell Creek Watershed. The detention basins will allow for stormwater runoff to collect in these locations and reduce flooding to properties within the watershed. The first detention basin location is adjacent to the Wisconsin National Guard Armory located at 1415 Armory Place. This detention basin has been commonly referred to as the Armory Basin in numerous presentations to the Common Council and public. A portion of the land was officially mapped in February 2004 for the purpose of stormwater detention. The proposed area of acquisition is approximately 18.8 acres. The land is owned by two property owners. The proposed acquisition is for approximately 10.3 acres of vacant land from the Armory and approximately 8.5 acres of land from 2323 E. Capital, LLC. This location is behind the new Best Buy store. A portion of this land is vacant and remainder has two buildings that were part of the former Menards Store located at this site. The area of the two buildings was not - included in the official mapping. The second detention basin location is near the intersection of W. 9 th Ave. and S. Washburn Street. The proposed area of acquisition is three vacant parcels and a portion of a forth parcel. The proposed area of acquisition is approximately 11.2 acres. The entire area proposed for acquisition was officially mapped for the purpose of stormwater detention in November 2006. The proposed acquisition is for 3.8 acres from Lee Engelman, 3.6 acres from the Life Estate of Angela Demler and 3.8 acres from Gail Demler. The February 2008 Draft Campbell Creek Stormwater Management Plan recommended three detention basins be constructed in the Campbell Creek Watershed. These included basins at Tipler School, 34 acre -feet of storage, the Armory, 27 acre -feet of storage, and Westhaven Golf Course, 154 acre -feet of storage. The three basins were proposed to provide approximately 215 acre -feet of stormwater storage during a 100 year storm event. The Tipler basin has been built and provides approximately 34 acre -feet of storage. The large Westhaven Golf Course project has been removed from consideration by the Common Council. A smaller basin of approximately 25 acre -feet of storage is proposed adjacent to Westhaven Golf Course Clubhouse. The proposed expanded Armory Basin will detain approximately 64 acre - feet of water and the proposed basin at 9` and Washburn Basin will detain approximately 35 acre -feet of water. The total stormwater.storage proposed with these basins is 158 acre -feet. The construction of stormwater detention basins at the Armory, 9th/Washburn, and related piping improvements will help reduce flooding to properties within the Campbell Creek Watershed. Additional improvement will be required to further reduce the impacts of flooding in this stormwater drainage basin. HAsteveng\Campbell Creek Land Acquisition.doc 3-7.4 Q £ ° V m ai otS a' a ry € sl L Q U N L H V 0 W ` Q H 13 O a CL H €e8 m LAND ACQ -W 9" AV & S WASHBURN ST PC: 11 -02 -10 CRANE DORIS M 2125 W 9TH AVE OSHKOSH WI 54904 8043 HALLQUIST THOMAS O 2163 W 9TH AVE OSHKOSH WI 54904 8082 DEMLER GAIL L 2115 W 9TH AVE OSHKOSH WI 54904 8043 RE 2115 W 9 " " & VACANT LOT F & M BANK OF WINNEBAGO CO SOBOJINSKI STEVEN /REGINA PO BOX 1675 909 S WASHBURN ST FLINT MI 48501 OSHKOSH WI 54904 8051 RE 2101 W 9TH AV ENGELMAN LEE D, 5241 COUNTY ROAD K OSHKOSH WI 54904 9247 CUMBERLAND COURT HSG COMM PO BOX 397 OSHKOSH WI 54903 0397 RE S WASHBURN VACANT LOT 1260 1374 MARICOPA DR LLC 601 OREGON ST B OSHKOSH WI 54902 5965 RE 1260 CUMBERLAND CT 1390 MARICOPA DRIVE LLC 601 OREGON ST OSHKOSH WI 54902 5965 RE 1390 MARICOPA DR CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH WI 54901 5044 1380 MARICOPA DR RE 1000 CUMBERLAND TR MCCRORY MATTRESS & FURN 5062 MALIBU COVE OSHKOSH WI 54904 9300 RE 1205 S WASHBURN ST 2090 DICKINSON AVENUE LLC 601 OREGON ST OSHKOSH WI 54902 5965 RE 2090 DICKINSON AV A & W RESTAURANTS INC PO BOX 35370 LOUISVILLE KY 40255 5370 RE 2187 W 9 AV DEMLER LIFE ESTATE ANGELA 2107 W 9TH AVE OSHKOSH WI 54904 NASLUND REV TRUST RICHARD 301 N SAWYER ST OSHKOSH WI 54902 4252 RE 2175 W 9TH AV DALVIR INC 1015 S WASHBURN ST OSHKOSH WI 54904 0 & L CORPORATION 3389 COUNTY ROAD A OSHKOSH WI 54901 1414 RE 1245 S WASHBURN ST WAUKAU CREEK LLC 2844 STONEY BEACH ST OSHKOSH WI 54902 7235 RE 1382 MARICOPA DR 5 ..... . . ..... - AVE 2189 Elm w- 2187 2175 2163 2125 2115 s -- 10s2 3: 1044 -46 0 3+> _.. - +• i� 7 y ! s V�1 0 '`r 1 1D80 f 113 2 -3f 136 M \ , yx: i " . 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Scale: 1" = 200' 10/191101 Created by - dff fil map - gp. 70v! 1 mmg�wff,_�_, r ;_ C►!Z i[?_i"VIM i �1 L � .r 0� . � �M Wes' �E • .. M Ive Lo n i Y s �I er v �y �I it 01"Emm M. r i- 17i)14m m .. .i 91E. �I .M 'I MW A CPA Ca �a W. This map is neither s legally recorded map nor W 9TH AV & 1V a survey and It is not intended to be used as one. O H fH � This drawing Is a compilation of records, data O ✓ fll� J �l and Information located In various city, county S WAS H B U R N ST ON 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. Community Development If discrepancies are found, please contact the City of Oshkosh. Scale. 1 11 = 200 10!15/10 Created by - dff .P A* DISCLAIMER LAND ACQUISITION