HomeMy WebLinkAbout05. 14-251
JUNE 10, 2014 14-251 RESOLUTION
(CARRIED___7-0___LOST_______LAID OVER________WITHDRAWN_______)
PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE
RD
PORTION OF DAKOTA STREET, NORTH OF WEST 3
AVENUE
INITIATED BY: PUBLIC WORKS DEPARTMENT
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, it appears that the public interest requires that that portion of the
following described street or alley within the City of Oshkosh be vacated and
discontinued:
rd
Part of Dakota Street, North of West 3 Avenue (per the attached “Exhibit A”)
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a hearing on the passage of the following resolution shall be held before
the Common Council in the Council Chambers in the City Hall, City of Oshkosh,
Winnebago County, Wisconsin, on Tuesday, July 22, 2014 at 6:00 PM of said day and
the proper City officials are hereby authorized and directed to give notice of said hearing
by personal service and publication of said hearing as provided by law.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh
pursuant to Section 66.1003(4) of the Wisconsin Statutes, that it is hereby declared that
since the public interest requires it, that portion of the following described street or alley
within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and
discontinued:
rd
Part of Dakota Street, North of West 3 Avenue (per the attached “Exhibit A”)
EXHIBIT A
Partial Street Vacation — Dakota Street North of West 3rd Avenue
DAKOTA STREET NORTH OF WEST THIRD AVENUE ADJACENT TO LOTS 6 AND 7
OF WENTZEL'S SUBDIVISION AND LOT 111 ACCORDING TO THE MAP OF THE
SOUTHWEST 1/4 OF SECTION 23, T18N R16E, ALL IN THE SIXTH WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID
WENTZEL'S SUBDIVISION; THENCE NORTH 00 051'47" WEST, 182.05 FEET
ALONG THE WEST LOT LINE OF SAID LOT 6 ALSO BEING THE EAST RIGHT OF
WAY LINE OF DAKOTA STREET TO THE NORTH LINE OF WENTZEL'S
SUBDIVSION AND THE SOUTH LINE OF LOT 111 ACCORDING TO THE MAP OF
THE SOUTHWEST 1/4 OF SECTION 23,T18N R16E; THENCE NORTH 82 °36'06"
WEST, 40.42 FEET ALONG THE NORTH LINE OF WENTZEL'S SUBDIVISION ALSO
BEING THE NORTH RIGHT OF WAY LINE OF DAKOTA STREET TO THE
NORTHEAST CORNER OF LOT 7 OF SAID WENTZEL'S SUBDIVISION; THENCE
SOUTH 00 051'47" EAST 181.59 FEET ALONG THE EAST LINE OF SAID LOT 7 ALSO
BEING THE WEST RIGHT OF WAY LINE OF DAKOTA STREET TO THE NORTH
RIGHT OF WAY LINE OF WEST THIRD AVENUE; THENCE SOUTH 81 °58'30" EAST,
40.49 FEET ALONG THE NORTH RIGHT OF WAY LINE OF SAID WEST THIRD
AVENUE TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING
7,273 SQUARE FEET OF LAND MORE OR LESS.
O
QfHK0fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: June 5, 2014
RE: Approve Setting Public Hearing Date to Vacate Portion of Dakota Street, North
of West 3rd Avenue (Plan Commission Recommends Approval)
Council is being asked to set a public hearing date for a proposed vacation of Dakota Street
starting at the north right -of -way line of W. 3rd Avenue and terminating approximately 182 feet
north. Existing road surface width is 24 feet and the total right of way width is 40 feet which
total approximately 7280 square feet or. 17 acres in area. The land to be vacated is to be
utilized as part of the proposed improvements to the City of Oshkosh Field Operations
Facility. State Statutes require that the public hearing be held no less than 40 days after the
introductory resolution which would set the public hearing date for this request no earlier than
the Council's July 22nd meeting.
OIL TAWZ-;Wl
The City of Oshkosh Department of Public Works is requesting the proposed vacation of a
portion of Dakota Street as part of the new Field Operations Facility reconstruction. This
vacation was all part of the design of the Central Garage Facility Plan (copy attached) which
was approved on August 15, 2012 (Res. #12 -411). Existing storm sewer main will be
relocated as it is no longer necessary and a Wisconsin Public Service electrical line will be
removed and abandoned as well. Staff supports the vacation of the subject right -of -way as i
is no longer necessary. Typically half of the vacated land goes to both adjoining property
owners however in this case; the City is the sole owner of the adjacent properties so no
additional action will be required.
FISCAL IMPACT
None anticipated.
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The Plan Commission approved of this request at its June 3, 2014 meeting.
Approved,
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City Manager
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ITEM: VACATION OF DAKOTA STREET RIGHT -OF -WAY, NORTH OF W. 3RD
AVENUE
Plan Commission meeting of June 3, 2014
GENERAL INFORMATION
Applicant /Owner: City of Oshkosh
Action(s) Requested:
The applicant requests the vacation of a portion of Dakota Street Right -of -Way.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way.
Property Location and Background Information:
The request is for the vacation of Dakota Street starting at the north right -of -way line of W. 3rd
Avenue and terminating approximately 182 feet north. Existing road surface width is 24 feet and
the total right of way width is 40 which total approximately 7280 square feet or .17 acres in area.
The land to be vacated is to be utilized as part of the proposed improvements to the City of
Oshkosh Field Operations Facility.
Subject Site
Existing Land Use
Zoning
Public Right -of -Way
M -2
Adjacent Land Use and Zoning
Existing Uses
Zoning
North
City of Oshkosh- Central Garage and Maintenance Facility
M -2
South
Vacant
M -2
East
City of Oshkosh
M -2
West
City of Oshkosh
M -2
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
The petitioner (City of Oshkosh- Public Works) is requesting vacation of approximately 182' of
Dakota Street starting at the north right -of -way line of W. 3` Avenue and terminating at the City
of Oshkosh Field Operations Facility. The vacated right -of -way, surrounding properties and
existing Central Garage facility are designated to become part of the new Field Operations Facility
and will be extensively reconstructed.
The existing storm sewer main under Dakota Street has been relocated in accordance with site
design and is no longer necessary. The only utility still active is a Wisconsin Public Service (WPS)
electrical line that services the existing Central Garage Facility. The new Central Garage building
will not be using the WPS line and once the existing structure is removed, the line will be
abandoned. Upon review, staff determined that the subject right -of -way is no longer needed and
supports the vacation request.
Whenever the City vacates a portion of right -of -way, typically half of the vacated land goes to one
adjoining property and the other half goes to the opposite adjoining property. In this case, the City
of Oshkosh is the sole owner of the adjacent properties so no additional action will be required.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the vacation request of Dakota Street starting at the north right -of-
way line of W. 3rd Avenue and terminating at the City of Oshkosh Field Operations Facility.
The Plan Commission approved the vacation request of Dakota Street. The following is the Plan
Commission's discussion on this item.
Mr. Krumenauer presented the item and reviewed the site and surrounding area and explained that
there were a few adjustments to the staff report regarding the right -of -way width and total square
footage of the area proposed to be vacated due to discrepancies in the geographical information
system. He reviewed the figures that required adjustment and stated that they would be corrected
prior to the item going forward for action by the Common Council. He also explained the
reasoning for the vacation request.
Bernard Pitz, 459 Church Avenue, stated that he used to own the land to the west of the subject
site and the City acquired it through the eminent domain process. He further stated that the City
changed the zoning classification of the property and offered him less money for the land than it
was worth and he was therefore pursuing a lawsuit regarding this matter. He felt the Plan
Commission should hold off on taking any action on this matter until the legal issues are settled as
he felt he was not compensated a fair price for his land and that the City is trying.to steal his
property.
There was no discussion on this item.
Motion by Bowen to approve the vacation of Dakota Street right -of -way north of W. 3rd
Avenue.
Seconded by Vaigrt. Motion carried 6 -0.
Item - Dakota Street vacation
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OJHKOIH
ON THE WATER
TO: Darryn Burich, Director Planning Services
FROM: Steven M. Gohde, Assistant Director of Public Works "S o'- 5
DATE: May 22, 2014
RE: Vacation of Dakota Street Right of Way, North of 3`d Avenue
BACKGROUND
Dakota Street, north of 3rd Avenue is located between Ohio Street and Idaho Street. The existing right of
way extends north approximately 182 feet and ends. A portion of the right of way was vacated in 1986. The
remaining right of way is surrounded by property owned by the City of Oshkosh. The adjacent properties are
being redeveloped as part of the Central Garage Project.
ANALYSIS
The City has relocated the mainline storm sewer from under Dakota Street. The only remaining utility within
the right of way is a WPS Electric line. This line only serves the City property and can be taken out of
service upon termination of the service to the old Central Garage Building.
RECOMMENDATIONS
I recommend vacating Dakota Street from 3rd Avenue to the north end.
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PARTIAL ST VACATION
DAKOTA ST N OF 3RD AV
PC: 06 -03 -14
FAUST CUSTOM HOMES INC
PO BOX 3415
OSHKOSH WI 54903 -3415
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903 -1130
AUGUST PITZ & SONS
459 CHURCH AVE
OSHKOSH WI 54901 -4336
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s) /datasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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