HomeMy WebLinkAbout31. 15-28
JANUARY 13, 2015 15-28 RESOLUTION
(CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE & EXECUTE RELOCATION ORDER;
DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY ON
WEST SIDE OF NORTH MAIN STREET & EAST SIDE OF
JACKSON STREET, NORTH OF WEST FERNAU AVENUE,
TOWN OF OSHKOSH
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council created TIF #27 North Main Street Industrial
TID to facilitate development of public utility improvements to assist and encourage new
industrial development in the North Industrial Park area by reducing or eliminating the
need for on-site retention ponds in favor of the approach of developing a regional storm
water management facility; and
WHEREAS, a storm water management study of the Fernau Avenue Drainage
Basin was undertaken; and
WHEREAS, the Department of Public Works has completed further study of the
area and is recommending the acquisition of portions of properties on the west side of
North Main Street, north of West Fernau Avenue, and obtain an easement on the east
side of Jackson Street, extending easterly to the proposed detention basin, in the Town
of Oshkosh, all from George Kleinschmit, owner, per the attached, to allow construction
of a storm water detention basin.
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 property and an easement described in Exhibit A for said purpose
of construction of a storm water detention basin.
BE IT FURTHER RESOLVED by the Common Council that this resolution
constitutes a Relocation Order for acquisition of property and an easement described in
the attached Exhibit A in accordance with the title acquisition procedure set forth in
Wisconsin Statutes, Section 32.05, said properties being on the west side of North Main
Street, north of West Fernau Avenue, in the Town of Oshkosh.
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.
RELOCATION ORDER
City of Oshkosh
Winnebago County, Wisconsin
PROJECT NAME OF ROAD HIGHWAY COUNTY
Fernau Avenue Watershed/
n/a Stormwater Detention Basin n/a Winnebago
RIGHT OF WAY PLAT DATE PLAT SHEET NUMBERS DATE OF PREVIOUSLY APPROVED RELOCATION ORDER
Drawn 12-05-2014
Resolution#15-28
DESCRIPTION OF TERMINI OF PROJECT
Being part of the NW 1/4 of the SW 1/4 and part of the SW 1/4 of the NW 1/4, all in Section 1, T18N, R15E, Town of
Oshkosh, Winnebago County, Wisconsin
Parcel 0180025 Acquire fee title of portion of property and permanent limited easement
Town of Oshkosh, Winnebago Counry, Wisconsin
Parcel 0180014 Acquire fee title of portion of property
Town of Oshkosh, Winnebago County, Wisconsin
as shown and dscribed 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 January, 2015. Mark A. Rohloff, City Manager
Notary Public, Winnebago County, WI
My Commission Expires:
Drafted by:Atty. Lynn Lorenson, Oshkosh, WI
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' DESCRIPTION OF PARCEL ON NORTH MAIN STREET FOR FERNAU AVENUE WATERSHED:
A PARCEL OF LAND BEING PART OF THE NORTHWEST'/.OF THE SOUTHWEST'/,AND PART OF THE SOUTHWEST'/.OF THE NORTHWEST'/.,
AT.7�.IN SECTION 1,TOWNSHIP 18 NORTH,RANGE 15 EAST,TOWN OF OSHKOSH,WINNEBAGO COUNT7,WISCONSIN,BOUNDED AND
DESCRIBED AS FOLIAWS:COMbIENCING AT THE WEST'/.CORNER OF SECTION 1;THENCE N88°56'02"E,660.04 FEET ALONG Tf�SOUTH
LINE OF THE NORTHWEST'/.OF SECTION 1 TO THE SOUTHERLY EXTENSION OF A WESf LINE OF LANDS DESCRIHED IN DOCUMENT NO.
944790 AND THE POINT OF BEGINNING;THENCE N00°24'02"W,665.22 FEET ALONG SAID EXTENSION AND AIANG A WEST LINE OF SAID �
DESCRIBED LANDS TO A NORTH LINE OF SAID DESCRIBED LANDS;THENCE N88°55'S3'E,622.10 FEET ALONG SAID NORTH LINE TO TI-IE
WEST RIGHT-OF-WAY LINE OF N.MAIN STREET;THENCE S00°26'32'E,665.24 FEET ALONG SAID WEST RIGFiT-OF-WAY LIlVE TO TI-IE NORTH
LINE OF THE SOUTHWEST'/.OF SECTION 1;THENCE S00°33'16'E,165.51 FEET ALONG SAID WEST RIGHT-OF WAY LINE TO THE SOUTH LINE
OF LANDS DESCRIBED IN DOCUMENT NO.944790;THENCE 588°56'29"W,623.03 FEET ALONG SAID SOUTH LINE;Tf�NCE N00°24'02"W,
165.43 FEET TO THE POINT OF BEGINNING.SAID DESCRIBED PARCEL CONTAINS 11.8692 ACRES OF LAND MORE OR LESS.SUB.TECT TO ALL ,
EASEMENTS AND RESTRIC'ITONS OF RECORD.
DESCRIPTION OF 30 FOOT STORM SEWER EASEMEA]T FOR FERNAU AVENUE WATERSHED:
A PARCEL OF LAND BEING PART OF THE NORTHWEST'/.OF THE SOUTHWEST'/.OF SECTION 1,TOWNSHIP 18 NORTH,RANGE 15 EAST,
TOWN OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN,BOUNDED AND DESCRIBED AS FOLLOWS:COMI��NCING AT 1'HE WEST'/.CORNER
OF SECITON 1;Tf�NCE N88'56'02°E,45.00 FEET ALONG THE NORTH L1NE OF TF�SOUTHWEST'/.OF SECTTON 1 TO TI-IE EAST
RIGHT-OF-aVAY LINE OF JACKSON STREET(U.S.H.°45');TFIENCE S00°23'32°E,135.34 FEET ALONG SAID EAST RIGHT-OF WAY LINE TO THE
POINT OF BEGINNING;Tf�NCE N88°56'29'E,615.06 FEET;Tf�NCE S00°24'02'E,30.00 FEET TO Tf�SOUTH LINE OF LANDS DESCRIBED IN
DOCUMENT NO.944790;THENCE S88°56'29"W,615.07 FEET ALONG SAID SOUTK LINE TO 1'f�EAST RIGHT-OF-WAY LINE OF JACKSON
STREET(U.S.H.°45"J;THENCE N00°2332°W,30.00 FEET ALONG SAID EAST RIGHI'-0E-WAY LINE TO TI-IE POINT OF BEGINNING.SAID
DESCRIBED PARCEL CONTAINS 0.4236 ACRES OF LAND MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
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I� I I LANDS ESCRIBED SOUTH UNE Of TNE NORTNWEST 1 I
IN DOC 944790 CENTER OF
I�45' I WEST 1/4 CORNER � 1/4 OF SEC710N 1-18-15 SEC710N 1-1B-15�
SEC710N 1-18-15 N8B'Sfi 02� 2636.51'
V] ��• _ — 61�a04_ _.—.—�. —. ._._._ —.—.—.--- .1._.—.—.
�"j �n •—•—-— 660.04' � 2 62259' <n 1353 BB'
�� g�i�o o� �$ ��
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613.03' ^il
Ix I � ` SB8'S6197Y 713B.f0' I
I� 45' NOR1H UNE OF 7HE 50UIH 1/2 OF 7Hf NOR7N 1/2
Of 7NE NOR7H 1/2 Of 7HE NORTHWEST 1/4 OF THE
SOUIHWEST 1/4 OF SEC710N 1-1B-16
I� 30 FOOT STORM$EWER EASEMENT
FOR FERNAU AVENUE WATERSHED
CLIEWT:
C1TY OF OSHKOSH
ATTENTION:JAMES RABE
215 CHURCH AVENUE,P.O.BOX 1130
OSHKOSH,WISCONSIN 54903-1130 �
GRAPN/C SGLE 1"=2L�0�
100 ,T00 NOTE:
200 � 200 .�p NO BOUNDARY SURVEY WORK COMPLETED.
NORTH IS REFERENCED TO THE SOUTH LINE
OF Tf�NORTfIWEST 1/4 OF SECTION 1,
TOWNSF3IP 18 NORTH,RANGE 15 EAST,TOWN
OF OSHKOSH,WINNEBAGO COUNTY,
WISCONSIN WHICH BEARS N88°56'02"E PER Tf�
WINNEBAGO COUNTR COORDINATE SYSTEM.
� = CAROW LAND SURVEYING CO., INC. S`� 1•-200�
- DRAWN BY
615 N.LYNNDALE DRIVE,P.O.BOX 1297 �D
APPLETON,WISCONSIN 54912-1297 PRwec�rNO. p3ge 2
PHONE: (920)731-4168 FAX:731-5673
`�._ - A1412.3
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TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: January 8, 2015
RE: Approve & Execute Relocation Order; Determination Of Necessity To Acquire
Property On West Side Of North Main Street & East Side Of Jackson Street,
North Of West Fernau Avenue, Town Of Oshkosh
(Plan Commission Recommends Approval of the Land Acquisition and
Easement)
BACKGROUND
The subject land and easement acquisition request includes portions of two properties
located within the Town of Oshkosh that front both Jackson Street and North Main Street and
are adjacent to the North Industrial Park. One property is a 14.20 acre parcel and the second
is a 4.86 acre parcel, both of which are currently in agricultural use. The general area
includes industrial uses within the North Industrial Park and predominately commerciaf uses
in the Jackson Street corridor though there are several low-density residential uses fronting
Jackson Street as well. The subject properties are located within the Fernau Avenue
Watershed (roughly bounded by Lake Winnebago on the east, Snell Road on the north,
Vinland Road on the east and the Canadian National RR spur line south of Fernau Ave-see
attached map) and are also adjacent to the boundaries of the North Industrial Park and Tax
Increment District#27.
ANALYSIS
In 2014 the Common Council established Tax Increment District#27: North Main Street
Industrial TID with the primary purpose of facilitating development of public utility
improvements to assist and encourage new industrial development, redevelopment and
expansion of businesses in the North Industrial Park by reducing or eliminating the need for
on-site retention ponds by utilizing implementation of regional storm water management
facilities. The TID #27 Project Plan includes a Proposed Improvement Plan which identifies
the subject site as one of three areas appropriate for storm water detention (see attached
plan). The City hired stormwater engineering consultants to perForm a storm water
management study and plan for the Fernau Avenue Drainage Basin to guide the city in
addressing existing and future flooding problems and to reduce storm water pollution. The
Department of Public Works is seeking authorization to start the process of acquiring 19.06
acres of land area from the two subject parcels for construction of the regional detention
basin and authorization to acquire a 30 foot wide storm sewer easement along the southern
property line of the remaining property to allow connection of storm water facilities within
Jackson Street to the future basin. The proposed easement will not impact any of the
existing structures on the property and both Chamco and City staff have been in contact with
the property owner for discussion but have not yet reached an agreement. Development of
the proposed infrastructure and improvements will promote development within the existing
North Industrial Park area and is consistent with the City's Comprehensive Plan.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of the request to acquire the land and easement for
implementation of the regional stormwater detention facilities at its January 6, 2015 meeting.
Approved,
��?�� �Gi��!�s
City Manager
ITEM: AUTHORIZATION TO ACQUIRE PROPERTY AT THE 3400 BLOCK
NORTH MAIN STREET AND ACOUIRE AN EASEMENT AT 3262
JACKSON STREET
Plan Commission meeting of January 6, 2015
GENERAL INFORMATION
Applicant: City of Oshkosh-Department of Public Works
Property Owner: George R. Kleinschmit
Action(s) Requested:
The City of Oshkosh Department of Public Works is requesting authorization to acquire:
A. Approximately 11.87 acres of land for construction of a storm drainage detention area
serving the Fernau Avenue Watershed; and
B. A 30 foot by approximately 615 foot easement far installation of a storm sewer.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The subject land and easement acquisition request includes portions of two properties located
within the Town of Oshkosh that front both Jackson Street and North Main Street. One property is
a 14.20 acre parcel and the second is a 4.86 acre parcel, both of which are currently in agricultural
use. The general area includes industrial uses within the North Industrial Park and predominately
commercial uses in the Jackson Street corridor though there are several low-density residential
uses fronting Jackson Street as well.
The subject properties are located within the Fernau Avenue Watershed(roughly bound by Lake
Winnebago on the east, Snell Road on the north, Vinland Road on the east and the Canadian
National RR spur line south of Fernau Ave-see attached map) and are also adjacent to the
boundaries of the North Industrial Park and Tax Increment District#27.
Sub'ect Site
Existin Land`"Use 'Zonin
Farmland R-1 & M-1 (Town of Oshkosh Zoning)/
R-1 & I-1 (Winnebago County Zoning)
Ad'acent Land Use and Zonin
Existin ' Uses Zonin
North Industrial M-3
.........._...................................................... ............................ _.................................._._........................................ ... ...... ......................................
South Industrial &Personal Service M-3 & C-1
East Industrial (across North Main) M-3
_......................................................................... ..................... ................................................................................. ............................................................................... .........
Residential & Commercial (across R-1 (Town of Oshkosh Zoning) & G2
West Jackson)
Com rehensive Plan Land Use Recvmmendation Land Use
10 Year Land Use Recommendation Industrial & Commercial
20 Year Land Use Recommendation Industrial & Commercial
ANALYSIS
In the summer of 2014 the Oshkosh Common Council established T� Incremental District#27:
North Main Street Industrial TID with the primary purpose of facilitating the development of
public utility improvements to assist and encourage new industrial development, redevelopment
and expansion of businesses in the North Industrial Park area by reducing or eliminating the need
for on-site retention ponds in favor of the approach of developing regional storm water
management facilities, which the City now routinely incorporates into all new industrial and
business parks. The North Industrial Park and surrounding area was developed prior to modern
storm water regulations and current storm water regulations can require significant areas be
devoted to storm water management. Many of the developments in the North Industrial Park and
surrounding area have already been intensely developed and thus constrained from future growth
by these storm water requirements. New regional storm water basins will alleviate some of these
onsite needs thus allowing more expansion and development capability. TID #27 Project Plan
includes a Proposed Improvement Plan which identifies the subject acquisition area as one of three
areas appropriate for storm sewer and storm water detention(see attached plan).
The City hired engineering consultants Brown and Caldwell to perform a storm water management
study and complete a watershed storm water management plan for the Fernau Avenue Drainage
Basin to guide the city in addressing existing flooding problems, manage storm water from future
development in the watershed and reduce storm water pollution. Brown and Caldwell identified
the location of the subject area, along the 3400 block of North Main Street, as an area suitable to
provide water quality and flood control for runoff from the upstream area(the upstream areas
served include all parcels north of the site fronting on Main Street and fronting Jackson Street
north of the north leg of Logan Drive).
The Department of Public Works is seeking authorization to start the process of acquiring
approximately 11.87 acres of land area from the two subject parcels (combined total of
approximately 19.06 acres) for construction of the recommended storm water detention basin
within the Fernau Avenue Watershed. The land acquisition involves the partial acquisition of the
two parcels that are currently used for agricultural purposes and the desired 11.87 acre acquisition
area is 830 feet wide along North Main Street extending approximately 623 feet west parting
approximately 7.2 acres of land(approximately 500 feet wide along Jackson Street by 615 feet
deep) from the subject properties for future development. The future/proposed detention basin will
allow for storm water runoff to collect at this location and reduce flooding to properties within the
watershed as well as providing water quality treatment to storm water runoff prior to entering Lake
Winnebago.
As part of the development of the detention basin, the Department of Public Works also requests
authorization to start the process of acquiring a 30 foot wide by approximately 615 foot deep storm
sewer easement along the southern property line of the remaining property (not included in the
land acquisition request) for installation of a storm sewer connecting storm water facilities within
Jackson Street to the future/proposed regional storm water detention basin. The location of the
Item—Land and Acquisition—3400 Block NMain&3262 Jackson 2
proposed easement will not impact any of the existing structures on the property and when
combined with an existing 40 foot wide storm water easement on the adjacent property to the south
will provide suitable width far storm sewer installation.
Chamco and the Department of Public Works have been in communication with the property
owner over the last six months far discussion on the storm water management study and the
potential need for land and easement acquisitions via letter and telephone but have yet to come to
an agreement.
Staff supports the land and easement acquisition requests as they will facilitate the construction of
necessary public utility improvements that will help alleviate storm water flooding issues and
storm water quality issues in the watershed. Development of the proposed infrastructure and
improvements will also encourage and promote development within the existing North Industrial
Park area. These requests are consistent with the Comprehensive Plan recommendation that the
City promote continued manufacturing development by providing infrastructure to support
development. It will also retain land area suitable for future development along Jackson Street.
RECOMMENDATION/CONDITIONS
Planning staff recommends approval of the proposed land and easement acquisitions as requested.
The Plan Commission approved of the land and easement acquisitions 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 classifications in said area. He stated that the parcels were located in the Town of Oshkosh
and reviewed both the land acquisition area and easement acquisition area. He also reviewed the
Fernau Avenue Watershed map and a map depicting the existing conditions for the storm sewer
drainage areas and the proposed conditions for the detention basin drainage areas. He also
reviewed a map depicting the TID #27 general vicinity showing the proposed improvements of
regional storm water management both inside and outside the TID area and discussed the history
of the Industrial Park development. He also discussed the storm water regional ponds planned for
this area and the proposed location of each one which would allow for future development in the
vicinity as some portions of the parcels in this area would not be developable due to the constraints
of having to construct individual storm water management facilities on each site. The proposed
detention basin would address both flooding issues and storm water quality management in this
vicinity. The proposal has been discussed with the property owner however this action would be
the first step in the process to acquire the land and easement areas and the request is consistent
with the Comprehensive Plan.
Mr. Thoms questioned if it was the Plan Commission's responsibility to advise the Common
Council on the acquisition or just to determine if it is consistent with the Comprehensive Plan.
Mr. Buck responded that the Plan Commission's responsibility would be to make a
recommendation to the Common Council on both the land acquisition and the easement
acquisition.
Item-Land and Acquisition-3400 Block N Main&3262 Jackson 3
Mr. Thoms then questioned if there is not an agreement in place, is there any stipulations on how
the land area is to be acquired.
Mr. Burich indicated that it is a planning function to recommend approval or denial of the request
however it is not the Plan Commission's responsibility to make any decisions on how the
acquisition occurs.
Mr. Gray requested that staff point out on the map where the Bemis facility is currently located.
Mr. Buck displayed on the map the location of that facility.
Doug Kleinschmit, 3262 Jackson Street, stated that there have been discussions with the City
regarding this acquisition however they have all been one-sided. He had questions relating to the
possible location of wetlands on the site; how the actual parcel to be acquired has doubled in size
since their last contact with the City; how covering of the water drainage areas would affect the
vicinity and possibly make flooding issues worse. He felt that the only property to be serviced
from the creation of this proposed detention basin is for the benefit of Bemis. He also had
objections to the easement acquisition as it would not allow any construction on the property and
there was city property to both the south and the west of this site. He further stated that the City
would be taking property out of the tax base to acquire this land for the proposed detention basin.
Mr. Gohde indicated that as far as any wetland delineation, the City has requested permission to
access the property to make that determination however the owner would not allow it therefore
that issue would have to be dealt with at a later date. He did not anticipate any issues with that
matter. In regard to the increase in size of the site to be acquired, the detention basin was
originally planned to service only the TID #27 area; however with the revisions made to the plans
since that time, the basin will drain the entire area. He explained the flow of the storm water from
this area and how it flows in the direction of the area designated far the basin. He also discussed
the navigable waterway to the south and the issues with water treatment before discharging into
this stream that would be addressed with the basin at this location.
Mr. Thoms questioned why the City does not just acquire the property necessary for the easement
rather than requesting an easement on the parcel.
Mr. Gohde responded that the easement on the parcel will reduce the property taxes as it reduces
buildable area and it create more issues with small slivers of land being acquired as it results in
setback issues.
Mr. Kleinschmit stated that they have no interest in selling the property to the City and the parcel
without both Jackson Street and N. Main Street access limits the development potential. He
further stated that this property was their retirement plan and selling part of it to the City for storm
water purposes was to benefit the City but had no benefits for them.
Motion by Borsuk to approve the authorization to acquire property at the 3400 block of N.
Main Street and acquire an easement at 3262 Jackson Street.
Seconded by Bowen. Motion carried 8-0.
Item—Land and Acquisition—3400 Block N Main&3262 Jackson q
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LAND/EASEMENT ACQUISTN LAKESIDE PACKAGING PLUS INC SERVICE LITHO-PRINT INC
FERNAU AV DETENTN BASIN 1040 BREEZEWOOD LN 50 W FERNAU AVE
PC: O1-06-15 NEENAH WI 54956-4599 OSHKOSH WI 54901-1256
WIS PUBLIC SERVICE CORP BEMIS HEALTHCARE PACKAGING CROWN CORK & SEAL CO USA
PO BOX 19002 INC INC
GREEN BAY WI 54308-9002 3500 N MAIN ST 1 CROWN WAY
OSHKOSH WI 54901-1233 PHIZADELPHIA PA 19154-4501
KLEINSCHMIT, GEORGE R CROWN CORK & SEAL CO INC DAVIS, DANIEL J
3262 JACKSON ST 3475 N MAIN ST 3370 JACKSON ST
OSHKOSH WI 54901 0000 OSHKOSH WI 54901 0000 OSHKOSH WI 54901 0000
NOVA COUNSELING SERVICES
3240 JACKSON ST
OSHKOSH WI 54901-1208
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