HomeMy WebLinkAbout01. 14-504
NOVEMBER 25, 2014 14-504 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF
TH
MICHIGAN STREET, NORTH OF WEST 4 AVENUE
INITIATED BY: CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common
Council has heretofore initiated proceedings on October 14, 2014 at a regular meeting
of the Common Council to vacate and discontinue a portion of Michigan Street, in the
City of Oshkosh as described below; and
WHEREAS, a public hearing on the passage of such resolution has been set by
the Common Council, which hearing was set for 6:00 PM in the Council Chambers of
the City Hall, Oshkosh, Wisconsin, on the 25th day of November, 2014 and written
notice of such meeting was duly served on the owners of all of the frontage of the lots
and lands abutting upon that portion thereof sought to be discontinued as provided by
law; and
WHEREAS, a public hearing was duly held pursuant to said notice at the time
and place therefore affixed and all persons so served and interested were then and
there given an opportunity to be heard; and
WHEREAS, the lots and lands abutting that portion of said street or alley within
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said City affected by this resolution are in the 6 and 9 Wards, City of Oshkosh, the
description of said street or alley heretofore set out in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that it is hereby declared that since public interest requires it, that portion of
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the following described street and/or alley in the 6 and 9 Wards, City of Oshkosh,
Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the
City of Oshkosh and any utility affected by this Resolution, the right to maintain, service,
repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and
other utility facilities in said vacated streets or alley, subject to the restriction that no
improvements are allowed within the reserved area, including but not limited to, building
structures, driveways, parking areas, landscaping or fences. Any improvements shall
be allowed only by special exception of the Board of Public Works.
NOVEMBER 25, 2014 14-504 RESOLUTION
CONT'D
THAT PART OF MICHIGAN STREET LYING NORTH OF W. 4TH AVENUE, BEING
PART OF GOVERNMENT LOT 3 OF SECTION 23, TOWNSHIP 18 NORTH; RANGE 16
EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID
SECTION 23, THENCE S 00° 15' 35" E, ALONG THE EAST LINE OF SAID SOUTHEAST
1/4 OF SECTION 23, 1265.03 FEET; THENCE S 89° 44' 25" W, 1947.12 FEET TO THE
INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MICHIGAN STREET AND
THE NORTH RIGHT-OF-WAY L1NE OF W. 4TH AVENUE, BEING THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE N 89° 54' 23" W, 60.00 FEET TO THE
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET AND
THE NORTH RIGHT-OF-WAY L1NE OF W. 4TH AVENUE; THENCE N 00° O1' 16" W,
ALONG THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET, 559.99 FEET TO
THE SOUTHWEST CORNER OF A STRIP OF LAND VACATED BY CITY RESOLUTION
#95-356, DATED OCTOBER 10, 1995; THENCE N 89° 41' 37" E, ALONG THE SOUTH
LINE OF SAID VACATED STRIP, 60.00 FEET; THENCE S 00° O1' 16" E, ALONG THE
EAST RIGHT-OF-WAY LINE OF MICHIGAN STREET, 560.47 FEET TO THE POINT OF
BEGINNING AND THE END OF THIS DESCRIPTION. CONTAINING 33,612 SQUARE
FEET OR 0.776 ACRES. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF
RECORD.
BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this
Resolution accompanied with a map showing the location of said vacated street or alley
in the Office of the Register of Deeds for Winnebago County.
X PROP�SED 1V�ICHIGAN ST�ET VACATION
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N PART OF GOVERNMENT LOT 3 OF SECTION 23, TOWNSHIP 18 NORTH,
a RANGE 16 EAST, CITY OF OSHKOSH,WIlVNEBAGO COUNTY, WISCONSIN
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a PREVIOUSLY VACATED MICHIGAN �� .
a SIREET, RESOLUTION #95-356 ' _�`� � �
DATED OCTOBER 10, 1995 -- _---- •
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Boat Works /�� /�
Michigan Street Vacation /�7��L�
CITY OF OSHKOSH .
Project No.: 60331597 2014-10-06 PAGE � OF 2
,/�-
HI lH
dl TNE NA7FA
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: October 9, 2014
RE: Approve Setting Public Hearing Date to Vacate Portion of Michigan Street Right-of-
Way- North of West 4�'Avenue (Plan Commission Recommends Approval)
BACKGROUND
Council is being asked to set a public hearing date for a proposed vacation of Michigan Street starting
at the north right-of-way line of W. 4�'Avenue and terminating approximately 560 feet north to its
current terminus. The land to be vacated is to be utilized as part of the redevelopment of the former
Boatworks and Sanitation Garage properties and construction of the City of Oshkosh Riverwalk and
other improvements including pedestrian bridge, restroom shelter and off-street parking area. The
subject site is in South Shore Redevelopment Area, established in 2003. 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 November 25�' meeting.
ANALYSIS
The City of Oshkosh is requesting this vacation with the west half of the vacated right-of-way being
conveyed between two City-owned properties, the Sanitation Garage and vacant railroad property
while the east half will be deeded to the former Boatworks property owned by the City of Oshkosh
Redevelopment Authority(RDA). After approval of the proposed street vacation, the City and RDA
will have a certified survey map prepared reconfiguring the City-owned properties, Boatworks property
and vacated right-of-way into three new parcels to access the riverwalk and other amenities as well as
the Boatworks property with the other lots made available for redevelopment purposes. The
Department of Public Works does not have concerns with the vacation but noted that there are active
utilities in this area which the City will continue to have legal access to for maintenance, construction
and repair of the facilities. This vacation is another important part of the City's continued
redevelopment and revitalization efforts along the south shore of the Fox River.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its October 7, 2014 meeting.
Approved,
�2-
City Manager
ITEM: VACATION OF MICHIGAN STREET RIGHT-OF-WAY NORTH OF W.
4 AVENUE
Plan Commission meeting of October 7, 2014
GENERAL INFORMATION
ApplicandOwner: City of Oshkosh
Action(s)Requested:
The applicant requests the vacation of a portion of Michigan 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:
This request is for the vacation of Michigan Street starting at the north right-of-way line of W.4th
Avenue and terminating approximately 560 feet north to its current terminus. The land to be
vacated is to be utilized as part of the redevelopment of the former Boatworks and Sanitation
Gazage properties and construction of the City of Oshkosh Riverwalk and other improvements
including pedestrian bridge, restroom shelter and off-street parking area. The subject site is in
South Shore Redevelopment Area, established in 2003.
Sub'ect Site
Exutin Land Use ' Zonin
Public Ri t-of-Wa C-3PD
Ad'acent Land Use and Zonin
Fristin Uses '' Zonin
North Recreational ichi an Street Fishin Pier,Riverwalk) C-3PD
South Sin le Family Residential R-2
East Vacant,former Boatworks Pro e C-3PD
West Cit of Oshkosh Sanitation Gara e,Vacant Pro e C-3PD
Com rehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Mixed Downtown
20 Yeaz Land Use Recommendation Mixed Downtown
ANALYSIS
The City of Oshkosh is requesting the vacation of Michigan Street north of W.4`�Avenue. The
area to be vacated is approximately 560 feet long by 60 feet wide and approximately 33,600 square
feet(0.771 acres)in area. The west half of the vacated right-of-way will be conveyed between two
City-owned properties;the Sanitation Gazage and vacant railroad property while the east half of
the right-of-way will be deeded to the former Boatworks property owned by the City of Oshkosh
Redevelopment Authority(RDA). Afterwards,the City and RDA will have a Certified Survey
Map prepared reconfiguring the three City-owned properties, Boatworks property and vacated
right-of-way into three new parcels. One lot will include vacated Michigan Street and pazk azea
and will serve access to the riverwalk and other amenities to the north as well as access to the
Boatworks property. The second lot includes the Sanitation Garage and former railroad property
and will be made available for redevelopment. The third property is the former Boatworks
property which the RDA will make available for redevelopment.
The Department of Public Works does not have concems with the vacation but noted this section
of Michigan Street currently has active sanitary and storm sewers and water main. Per State
Statute,the City will continue to have legal access to the facilities for maintenance, construction
and repair of the facilities(WI State Stats. 66.1005(2)(a)),therefore no easements will be
necessary.
RDA staff has discussed this proposal with affected City departments with the consensus that this
is the best approach for the park development and redevelopment of the remnant pazcels.
Staff is not opposed to this vacation request as it is another important part of the City's continued
redevelopment/revitalization efforts along the south shore of the Fox River.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the vacation of Michigan Street north of W. 4`�Avenue as
requested.
The Plan Commission approved of the vacation of Michigan Street north of W. 4�'Avenue as
requested. The following is the Plan Commission's discussion on this item.
Mr.Nau presented the item and reviewed the site and surrounding area and explained the reasons
for the vacation request and the size of the area proposed to be vacated. He further explained that
the vacated azea was to be divided between the City and the City of Oshkosh Redevelopment
Authority, (RDA), as they are the adjacent property owners. He further described the amenities of
the riverwalk and pazk area that is initiating the vacation request and the certified survey map,
(CSM),that will be prepared reconfiguring the three City-owned parcels. The Department of
Public Works has reviewed this request and has no concerns regarding the proposed right-of-way
vacation as there are utilities located in this area however the City will still have access to this area
for maintenance and repair of the facilities. He further stated that this request has been reviewed
by the RDA and approved.
Mr. Thoms questioned if this area was planned to be developed into a walkway.
Mr.Nau responded that it was planned as a drive access from West 4�`Avenue to the parking area
for the riverwalk and park area.
Mr. Gray questioned why the City could not maintain the street area and use it for the park access
rather than vacating it.
Item-Michigan Street vacation 1
Mr.Nau replied that it will still be used as a drive access to the azea however the vacation would
eliminate the right-of-way line which would be beneficial as far as setback requirements.
Mr. Thoms questioned who would maintain the area.
Mr.Nau responded that the Parks Department would be responsible for maintenance as once the
CSM is completed,the drive access area will be part of the parking area and riverwalk site.
Motion by Yajgrt to approve vacating Michigan Street right-of-way north of W. 4�h Avenue.
Seconded by Gray. Motion carried 8-0.
Item-Mrchigcm Street vacation 3
,
NARRATIVE
Partial Street Vacation - Michigan Street, north of West 4th Avenue
The City of Oshkosh and Redevelopment Authority (RDA) are currently constructing
the BoatWorks riverwalk pedestrian bridge from William Steiger Park easterly towards
the former JeldWen property. The project also includes development of a park to
include a restroom/shelter, future playground area and a parking lot. The City owns the
property at the northwest corner of Michigan and 4th, which houses the City garbage
trucks. The City-also owns several pieces of former railroad right-of-way in this area
extending from 4th Avenue up to the River. The RDA owns the former Boat Works
Marina at the northeast corner of Michigan and 4tn
It is proposed to vacate that portion of Michigan Street north of 4th Avenue extending to
the River. Once the street is vacated, half of the right-of-way is returned to the adjacent ,
property owners —the City and RDA. After the right-of-way is vacated, the City/RDA will
submit a joint certified survey map to create 3 lots. One lot will include the vacated
Michigan Street right-of-way that will act as the entrance to the Boat Works
riverwaHc/park development, and include the parlc area, riverwalk and parking lot.
Another lot will be the former City building, which is propased to be demolished, and a
piece of the former railroad corridor to the west, and made available for redevelopment.
The third lot will be the former Boat Works�Marina property, south of the lagoon area,
which is also available for redevelopment.
RDA staff has discussed this proposal with various City departments and it was the
consensus that this would be the best approach for the park development and future
redevelopment of the remnant parcels. •
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� The Ciiy of Oshkosh creates and maintains GIS maps and data 1or its avn use. They may show the .��' �
approximate relafive location of properfy, boundaries and other feature from a variety of sources. pflfltlflg Date;9l2512014 O.IHKOlH
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 °"TME"'"r�n
warranties of any kind and the Ciry of Oshkosh assumes no Gabiliry for use or misuse. Prep2red bV:City of OShkosh,WI 4