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Home My WebLink About10-407DECEMBER 28, 2010 10 -407 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY AT 221 -225 SOUTH WESTFIELD STREET FOR STORM SEWER CONVEYANCE PURPOSES IN THE CAMPBELL CREEK WATERSHED; ESTABLISH FAIR MARKET VALUE; AUTHORIZE PURCHASE INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Common Council previously approved the construction of the Tipler School Area Storm water Detention Basin recommended in the Campbell Creek watershed study performed by Strand Associates; and WHEREAS, consistent with the Campbell Creek watershed study, the Department of Public Works is recommending the construction of a larger storm sewer box culvert to more efficiently convey storm water between Koeller Street and the Tipler School Area Storm water Detention Basin; and WHEREAS, the owner of property at 221 -225 South Westfield Street, described below, has offered to sell the property to the City which eases construction and improves efficiency of the culvert; Description of Property: 221 -225 South Westfield Street; Mary Kemps, owner Lot 15, excluding the west 35 feet, 1st Addition to the Home Builders Subdivision, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin. and WHEREAS, the property and interest to be acquired includes land and buildings, exclusive of equipment and fixtures both movable and immovable. DECEMBER 28, 2010 10 -407 RESOLUTION CONT'D NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Common Council determines that it is necessary and for a public purpose for the City to acquire the property described above for the purpose of construction of a storm sewer box culvert to convey storm water from the Koeller Street and Westfield Street area to the Tipler Detention Basin. BE IT FURTHER RESOLVED that the Common Council certifies the review appraisal has been performed in a competent manner according to applicable State and Federal laws, policies and requirements. BE IT FURTHER RESOLVED that the fair market value for said property is hereby established at TWO HUNDRED SEVEN THOUSAND AND NO /100 DOLLARS ($207,000.00). BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to purchase said property and execute all documents necessary to consummate this transaction. Money for this purpose is hereby appropriated from Account No. 561 - 2010 - 1799 -00000 Storm Water Utility - Construction Work in Progress OfHKO.lH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Pla ing Services DATE: December 21, 2010 RE: Determination of Necessity to Acquire Property at 221 -225 South Westfield Street for Storm Water Detention Purposes in the Campbell Creek Watershed; Establish Fair Market Value; Authorize Purchase BACKGROUND The Department of Public Works requests Council approval of the acquisition of property at 221 -225 South Westfield Street to allow construction of a storm sewer between the Koeller Street area and the Tipler School Area Stormwater Detention Basin to continue efforts to minimize potential flooding in the Campbell Creek watershed. ANALYSIS The watershed study performed by Strand Associates recommended the construction of the Tipler Area Stormwater Detention Basin (TDB) which was previously approved by Council and subsequently constructed. That study also recommended upsizing the storm sewer between Koeller Street and the TDB. The existing 10 ft. wide easement between the homes at 221/225 and 251/255 S. Westfield Street does not provide sufficient area to install the new larger storm sewer being recommended. Due to the location of the storm sewer along Koeller Street, the property at 221/225 Westfield provides the most direct alignment and is the least cost alternative for this storm sewer connection. FISCAL IMPACT None anticipated other than the loss of approximately $200,000 in assessed value from the property tax rolls. Capital improvement funds are available for acquisition and construction costs. RECOMMENDATION The Plan Commission approved of this request at its December 21, 2010 meeting. Approved, City Manager ITEM: AUTHORIZATION TO ACQUIRE PROPERTY LOCATED AT 221 -225 SOUTH WESTFIELD STREET Plan Commission meeting of December 21, 2010 GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owner: Mary Kemps Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire approximately 0.26 acres of land from Mary Kemps, property owner. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject property is located at 221 -225 South Westfield Street and is an 11,500 square foot (0.26 acre) parcel of land developed and used as a two - family residence. It is situated on the west side of South Westfield Street between Landmark Plaza on the west and two - family residences and Tipler School Area Stormwater Detention Basin (TDB). Subject Site Existing Land Use Zonin Two - Family Residence R-2 Adia cent Land Use and Lonin Existing Uses Year Land Use Recommendation Zonin North Two - Family Homes ... ...... R 2 ouh St .... y Two-Family Homes R 2 _.... 1. EastSingle and Two Family Homes .. .... . .... R 2 .. ._... ..._.... _. . ....__ ..... ..... West in Center — Landmark Plaza Commercial Shopping C -2PD Land Use Recommendation Use Cate or Year Land Use Recommendation Residential _1 20 Y ear Land Use Reco Residenti ANALYSIS The Department of Public Works is seeking to acquire the property located at 221 -225 South Westfield Street to allow a new storm sewer pipe to be constructed in a straight line between the Tipler Area Stormwater Detention Basin (TDB) and Landmark Plaza and providing adequate separation from all remaining buildings along the route to the new storm sewer. This subject property and surrounding area is located within the Campbell Creek watershed. A watershed study performed by Strand Associates of Madison recommended the construction of the TBD in combination with upsizing the storm sewer between Koeller Street and the TDB. Currently, a 58 inch by 36 inch sewer pipe runs between the homes on Westfield Street in a 10 foot wide easement. The proposed storm sewer pipe for the proper conveyance of storm water to the TDB is a four foot (48 inch) by six foot (72 inch) box culvert. Along the route for the storm sewer, the existing homes at 221 -225 South Westfield Street and 251 -255 South Westfield Street are only 17 feet apart at the narrowest location. Installing the new box culvert between these two structures would require deep excavation adjacent to both foundations which is likely to cause significant structural damage to the foundations. Acquiring the subject property and shifting the pipe to the north is much more desirable because it eliminates two angle points from the box culvert pipe alignment, which is undesirable because they reduce the capacity of storm water the pipe can convey and are expensive to construct. Additionally, the potential to damage the foundation of the structure at 251 -255 South Westfield is eliminated. RECOMMENDATION /CONDITIONS Staff recommends approval of the proposed land acquisition as requested. The Plan Commission approved of the acquisition as requested. The following is the Plan Commission's discussion on this item. Ms. Propp inquired if additional properties would be needed on the east side of Westfield Street? Mr. Gohde replied no; the properties are set far enough apart to permit installation of the pipe /culvert to get to the Tipler Basin. The pipe will be installed under the existing driveway as well as utilizing the existing easement. Mr. Hinz.inquired if the lot will remain empty? Mr. Gohde replied yes, it will be maintained as green space. Discussion ensued on zoning concerns and funding availability for construction of the pipe. Concern was expressed regarding the overall appearance of the proposed construction and if the Plan Commission could review those plans. Mr. Gohde noted capital improvement funds are available for the project, which will include the undergrounding of piping. There will be nothing above ground. He reiterated the lot will be maintained as green space. Lund Acquisition — Westfield St Mr. Burich noted no zone change is needed or requested. Mr. Jeff Stark, 1215 Maricopa Drive, representing Clarity Care, inquired about the timeframe for construction. Mr. Gohde indicated the project should be bid out within the next 6 weeks. If the weather cooperates, construction could commence yet this winter, otherwise it will be a spring project. Motion by Propp to approve acquisition of the property at 2211225 S. Westfield Street for stormwater detention purposes. Seconded by Borsuk. Motion carried 9 -0. Land Acquisition — Westfield St (0 ON THE lH ON THE WATER MEMORANDUM TO: Members of the Plan Commission FROM: Steven M. Gohde, Assistant Director of Public Works DATE: December 15, 2010 RE: Acquisition of 221 S. Westfield St The Department of Public Works is seeking to acquire the property located at 221 -225 S. Westfield Street. The property is a two unit rental property located on the west side of S. Westfield Street between Landmark Plaza and the Tipler School Area Stormwater Detention Basin (TDB). This area is in the Campbell Creek watershed. The watershed study performed by Strand Associates of Madison recommended the construction of the TDB in combination with upsizing the storm sewer between Koeller Street and the TDB. Currently, a 58" by 36" storm sewer pipe runs between the homes on Westfield Street in a 10' wide easement. The proposed storm sewer pipe is a 4' by 6' concrete box culvert. Along this storm sewer route, the existing buildings at 221 -225 S. Westfield Street and 251 -255 S. Westfield Street are only about 17' apart at the narrowest location. Installing the new box culvert between these two existing structures would require deep excavation adjacent to both foundations. Deep excavation near the foundations could cause significant structural damage to the foundations. Shifting the pipe to the north eliminates two angle points from the box culvert pipe alignment. The angle points are not desirable because they reduce the capacity of storm water the pipe can convey and are expensive to construct. The acquisition of the property at 221 S. Westfield Street will allow the new storm sewer pipe to be constructed in a straight line between the TDB and Landmark Plaza. Adequate separation can be maintained from all remaining buildings along the route of the new storm sewer. The increased separation greatly reduces the likelihood of damage to the adjacent buildings. Wsteveng\PC memo3\221 s westfield.doc 3A LAND ACQUISITION MATTHEWS JAMES J CALKINS THOMAS W 221 S WESTFIELD ST PO BOX 191 1425 W 2ND AVE A PC: 12 -21 -10 OSHKOSH WI 54903 0191 OSHKOSH WI 54902 5601 KEMPS MARY A 8 GREEN HAVEN CT APPLETON WI 54911 1160 RE 191 S WESTFIELD ST CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH WI 54901 5044 RE 200 S WESTFIELD ST XIONG MAI VANG PAO YANG TONG 240 S WESTFIELD ST OSHKOSH WI 54902 5558 221 S WESTFIELD ST LANDMARK LIMITED PRTNRSHP PO BOX 2366 OSHKOSH WI 54903 2366 RE 300 S KOELLER ST RE 220 S WESTFIELD ST OLSON DONALD R 251 S WESTFIELD ST OSHKOSH WI 54902 ROBERTS GREG T 255 S WESTFIELD ST OSHKOSH WI 54902 5 L-1 �lIj,, I - — - Kea YAI ►ii R7 t M FA 1:11 Ill" .. •� 'I � s � �� Gull IM 'Pi I 1�' air: =E - o 221 .e■ 5 :� TWIN � r� LJm/ IBC J r a � 4) hi�J11111 IIClI _, j um — ,111 �:�>j�'� _ I gig Tv Fri Ir1� =11 ■ 1111111 ■ G 11 1 W ' T - `, I01111M ► IFI 1 ■""116 owwirl� rw- 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, data 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff LAND ACQUISITION N 221 S WESTFIELD ST Of HK --- OH THE WATER City of Oshkosh Department of Scale: 1 — 60' Community Development 12/07/10 a