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HomeMy WebLinkAbout10. 12-121 MARCH 27, 2012 12-121 RESOLUTION (CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE & EXECUTE REVISED RELOCATION ORDER; DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY FOR PROPOSED ARMORY AREA DETENTION BASIN / 1615 CRYSTAL SPRINGS AVENUE INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, in February 2004 the Common Council approved the official mapping of lands in the Menard Drive/Moreland Street/Armory Place 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 property at 1615 Crystal Springs Avenue from James and Judith Lett, 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 property described in the attached for said purpose of construction of a storm water detention basin. BE IT FURTHER RESOLVED by the Common Council that this resolution constitutes a Revised Relocation Order for acquisition of property described in the attached in accordance with the title acquisition procedure set forth in Wisconsin Statutes, Section 32.05, and said property is adjacent to the Armory Area Detention Basin. 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. REVISED RELOCATION ORDER City of Oshkosh Winnebago County, Wisconsin PROJECT NAME OF ROAD HIGHWAY COUNTY National Guard Armory Area n/a Stormwater Detention Basin n/a Winnebago RIGHT OF WAY PLAT DATE PLAT SHEET NUMBERS DATE OF PREVIOUSLY APPROVED RELOCATION ORDER Drawn 11/8/2010 revised 3/5/2012 Resolution#12-121 November 23, 2010 Res. #10-364 DESCRIPTION OF TERMINI OF PROJECT The East 75 feet of Lot 6, West Addition to Armory Place Plat, 13th Ward, City of Oshkosh, Winnebago County, Wisconsin. as shown on the attached plat To properly construct the stormwater 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: 1. The said stormwater detention basin is laid out and established to the lines and widths as shown on the plat. 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. Subscribed and sworn to before me this day of March, 2012. Mark A. Rohloff, City Manager Notary Public, Winnebago County, WI My Commission Expires: Drafted by: Atty. Lynn Lorenson, Oshkosh, WI L 0 L • I 0 -I..-. a O C .� >> 0 � � ' om � a Z — • O O O • O L •- C, OCnC —❑ , 1L I' N O a' J. 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IS NW18HSVM 'S I — ❑ I -tn.- o IL. . z 01 I '. IIII 0 . OJHKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services 6 DATE: March 22, 2012 RE: Approve & Execute Revised Relocation Order; Determination of Necessity to Acquire Property for Proposed Armory Area Detention Basin— 1615 Crystal Springs Avenue (Plan Commission recommends approval) BACKGROUND The subject property is 0.21 acres/9,000 square feet and is located at 1615 Crystal Springs Avenue. The property is developed with a single-family home and contains a 10 foot stormwater easement along its eastern property line which contains a 48" storm sewer main. It is bordered by single-family residential uses to the north, west and east. The Wisconsin Army National Guard training and administrative campus including the Officially Mapped 56 acre Armory Stormwater Detention Basin is adjacent to the south. The Armory Basin will service the Campbell Creek watershed, as does the Tipler and Westhaven Clubhouse Basins. ANALYSIS The Department of Public Works proposes to acquire the property as part of the Armory Area Detention Basin. Plans are to remove the home to provide an access point from the future detention basin from the Crystal Springs Avenue stormwater system providing a safe, effective overland flow route from the basin to the public right-of-way. The Department of Public Works has reviewed all parcels along Crystal Springs Avenue and the size, location and existence of the storm sewer on this site makes it the most efficient and effective choice for meeting the needs of the project. The acquisition will allow it to continue to contain the storm sewer pipe as well as be graded with overflow swales. FISCAL IMPACT Taxable property will become exempt. RECOMMENDATION The Plan Commission approved of this request at its March 20, 2012 meeting. Approved, City Manager ITEM: LAND ACQUISITION OF PROPERTY LOCATED AT 1615 CRYSTAL SPRINGS AVENUE Plan Commission meeting of March 20, 2012 GENERAL INFORMATION Applicant: City of Oshkosh Department of Public Works Property Owner: James & Judith Lett Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire approximately 0.21 acres/9,000 square feet of land from James & Judith Lett for use as part of the Armory Detention Basin which services the Campbell Creek Watershed. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject property is 0.21 acres/9,000 square feet and is located at 1615 Crystal Springs Avenue. The property is developed with a single-family home and contains a 10 foot stormwater easement along its eastern property line which contains a 48" stormsewer. It is bordered by single-family residential uses to the north, west and east. The Wisconsin Army National Guard training and administrative campus including the Officially Mapped 56 acre Armory Stormwater Detention Basin is adjacent to the south. The Armory Basin will service the Campbell Creek watershed, as does the Tipler and Westhaven Clubhouse Basins. Subject Site Existing Land Use Zoning Single-Family R-1 Adjacent Land Use and Zoning Existin Uses Zoning Single Family Residential (across Crystal Springs R-1 North Ave.) South Institutional/Government R-1 EastSingle Family Residential ......................._......._._._.._._._................._...._................__....._._._............................._R-1_._._.........................._._._._._._. West Single Family Residential R-1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The Department of Public Works proposes to acquire the property at 1615 Crystal Springs Avenue as a part of the Armory Area Detention Basin. Plans are to acquire the parcel and remove the home to provide an access point from the future detention basin from the Crystal Springs Avenue stormwater system providing a safe, effective overland flow route from the detention basin to the public right-of-way. The overland flow route is a vital component of the detention basin design as it allows safe passage of water downstream out of the detention basin to the northeast, when capacity is exceeded. The Department of Public Works has reviewed all parcels along Crystal Springs Avenue that could conceivably meet the needs for the project. The width of the subject lot, its location and the existence of the existing storm sewer makes it the most efficient and effective choice for meeting the needs of the project. The acquisition of the property will allow it to continue to contain the storm sewer pipe as well as be graded with overflow swales. 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. Buck presented the item and reviewed the site and surrounding area as well as the land use and zoning in said area. He discussed the Armory Stormwater Detention Basin adjacent to the proposed land acquisition and explained the function of the basin with the overland flow route design which is necessitating the acquisition. Mr. Buck also reviewed a map of the Campbell Creek Stormwater Basin and stated that of all the parcels along the south side of Crystal Springs Avenue, this one is the best for the intended purposes based on its width, location and the existence of an existing stormwater easement. Mr. Thoms questioned if the property owner was agreeable to the sale of the home. Steve Gohde, Assistant Director of Public Works, responded that a letter was sent out to six homeowners in the vicinity in regard to their desire to sell their property. The owner of the proposed acquisition had interest in the offer. Mr. Thorns then asked for further clarification of the overflow relief this property would provide. Mr. Gohde replied that the detention basin was required to have over land flow in the event that the water would exceed the capacity of the basin and that the water has to be directed to flow away from the adjacent homes. He further explained a depressed swale that would be created on this parcel to allow the water to reach the street and enable it to enter the storm sewer. The detention basin was being constructed to handle a 100 year event if necessary. Mr. Bowen requested an example of another site within the city that was similar to this situation. Item—Land Acquisition—1615 Crystal Springs 2 Mr. Gohde responded that the Tipler Detention Basin was similar to this location and discussed the set up and functionality of the Tipler site. He also discussed the Oakwood Road Basin and the Oshkosh North High School Basin and how these systems function. Mr. McHugh inquired if the Tipler Detention Basin has met the City's expectations. Mr. Gohde indicated that it has helped and was filled on several occasions however it is not the total solution for the Campbell Creek Basin. Ms. Propp questioned if this parcel was the first choice to acquire as the storm sewer easement was already located on this property. Mr. Gohde responded that this property was also the largest lot in the vicinity and at the lowest elevation and also has a partial easement already as well as the pipe. The underground pipe is where the water will usually be directed as it will be contained in the basin and released at a slower rate to provide relief to areas downstream. The over land flow is a backup plan to address events when the system is overwhelmed. Kathy Lett, 5019 Washington Street, Winneconne, stated that she was the daughter-in-law for the property owners who have lived in this home for the past 48 years. She wanted to make sure that they would be adequately compensated for their property and requested further information on when the acquisition would take place. Mr. Gohde replied that the Plan Commission and Common Council approval was the first step in the process followed by the completion of an appraisal. Relocation fees are also paid under these circumstances and the City and property owners need to agree on an appraisal value and the homeowner needs to find a new home. There is not a scheduled timeframe for this project, although the construction is planned for 2013 if possible. Ms. Propp commented that she felt there was a need for a timeline sheet as well as more information that should be provided to the affected property owner regarding the steps in the process of land acquisition and where they currently are in said process. Mr. Gohde commented that the property owners were provided with a brochure with timelines and statutes regarding the process of land acquisition that is used by the Wisconsin Department of Transportation. Mr. Thoms and Mr. Fojtik agreed with Ms. Propp that further information should be provided to the property owner from the City with more specifics that relate directly to the individual's circumstances rather than a generic brochure. They requested that this information be developed into some type of document that could be provided to the owner for future acquisitions. Mr. Buck indicated that the matter could be researched and the Departments could develop something to address these concerns. Item—Land Acquisition—1615 Crystal Springs 3 Motion by Thorns to approve the land acquisition of property located at 1615 Crystal Springs Avenue as requested. Seconded by Vajgrt. Motion carried 8-0. Item—Land Acquisition—1615 Crystal Springs 4 Necessity to Acquire 1615 Crystal Springs Avenue Narrative The Department of Public Works proposes to acquire the property at 1615 Crystal Springs Avenue as a part of the Armory Area Detention Basin. The acquisition of this property will facilitate the construction of the Armory Area Detention Basin, provide an access point to the detention basin from Crystal Springs Avenue, and provide a safe, effective overland flow route from the detention basin to the public right-of-way. The safe, effective overland flow route is a vital component of any detention basin design, as it allows for the safe passage of flows out of the detention basin when the capacity of the basin is exceeded. The Department has reviewed the parcels along Crystal Springs Avenue that could conceivably meet the needs of the project, and has determined that this parcel most effectively meets the needs of the project. The width of the lot and the location of the existing storm sewer make this parcel the most effective for the project. 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