HomeMy WebLinkAbout10. 12-497
OCTOBER 9, 2012 12-497 RESOLUTION
(CARRIED __7-0____LOST ________LAID OVER ________WITHDRAWN ________)
PURPOSE: AUTHORIZE JURISDICTIONAL OFFER FOR THE NATIONAL
GUARD AREA STORMWATER DETENTION BASIN PROJECT IN
THE AMOUNT OF $920,000.00
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council of the City of Oshkosh has determined it is
necessary to acquire certain land for the National Guard Area Stormwater Detention Basin
project pursuant to authority granted under Section 32.05, 32.06, 32.07, and 62.22,
Wisconsin Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to issue a
Jurisdictional Offer and Awards of Damage (if necessary), as follows:
$920,000.00; 2323 East Capitol LLC, Wachovia Bank N.A., U.S. Bank N.A.,
Wells Fargo Bank N.A., Wachovia Bank Commercial Mortgage Trust, Best
Buy Stores L.P. a Virginia Limited Partnership, Dan E. Rosenfeld: fee
BE IT FURTHER RESOLVED that the proper City officials are further authorized
and directed to sign any documents and take any and all other actions necessary to
accomplish this purpose.
BE IT FURTHER RESOLVED that the money for this purpose is hereby
appropriated from:
Acct No. 561-2010-1799-00000 Storm Water Utility – Construction Work in Progress
;111r),
OJHKOJH
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Workslcrr
Q
DATE: October 4, 2012
RE: Approval of Jurisdictional Offer for the National Guard Armory Area Storm Water Detention Basin
Project
BACKGROUND
On November 23, 2010, the Common Council approved a relocation order relating to the purchase of property
located immediately east of the new Best Buy Store. This area is a portion of the former Menard's Store
Complex. The City has officially mapped this property for construction of a storm water detention basin. It has
been determined that 8.34 acres (from a total parcel area of approximately 18.58 acres) is required for this
storm water management facility.
ANALYSIS
Our right-of-way acquisition consultant has reviewed the property value for this parcel with the property owner
and the Common Council approved the acquisition of this property in November of 2011 per Resolution No. 11-
495. At this time, the property owner is not able to sell the property for the previously approved price without the
City initiating the condemnation process. Per State Statutes, the next step in the eminent domain process is for
the City of Oshkosh to send the property owner a jurisdictional offer to purchase. When a jurisdictional offer is
made, the City provides the property owner with the funds for the purchase price (i.e. revised offer) we feel is
appropriate and in accordance with the Statutes. The City then assumes ownership of the property. The owner
may challenge this purchase price in circuit court should they so choose. The following information pertains to
this property:
Property Owner Initial Offer Revised Offer Owner Request
Portion of 1508 South 2323 East Capitol LLC $910,000 $920,000 $920,000
Koeller Street
FISCAL IMPACT
Funding for this acquisition is included in the"Storm Sewer Section" of the Capital Improvement Program.
RECOMMENDATIONS
I recommend approval of the jurisdictional offer.
Approved:
Mark A. Rohloff
City Manager
DCP/tlt
I:\Engineering\Tracy Taylor\Memos to Mayor&Common Council\2 01 211 3-02 Juns Offer-1508 S Koeller_10-4-12.docx