HomeMy WebLinkAbout11. 18-476 SEPTEMBER 11, 2018 18-476 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AND EXECUTE RELOCATION ORDER; APPROVE
DETERMINATION OF NECESSITY TO ACQUIRE PROPERTIES
FOR LANDFILL GAS VENTING SYSTEM:
A) 859-905 WEST 177H AVENUE
B) PORTION OF 1732 KNAPP STREET
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the City Administration has determined it is in the best interests of
the City of Oshkosh to acquire certain properties as a safety measure from methane gas
emanating from the former Kienast-Paulus quarry/landfill and in conjunction with the
landfill gas venting system project; and
WHEREAS, completion of said project requires acquisition of properties as
described in the attached "Exhibit A".
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 properties described in the attached as a safety measure from
methane gas emanating from the former Kienast-Paulus quarry/landfill and in
conjunction with the landfill gas venting system project.
BE IT FURTHER RESOLVED by the Common Council that this resolution
constitutes a 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, said properties being located in the City of Oshkosh on West 171h Avenue and
Knapp Street.
SEPTEMBER 11, 2018 18-476 RESOLUTION
CONT'D
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
Register of Deeds within twenty (20) days of its adoption.
BE IT FURTHER RESOLVED that this Resolution shall be effective immediately
upon its passage and publication.
"EXHIBIT A"
KIENAST-PAULUS LAND ACQUISITIONS
(A) 859 W. 17TH AVENUE
TRACT 2 OF CERTIFIED SURVEY MAP 154 DOCUMENT #487660 REGISTER OF
DEEDS IN THE 14TH WARD IN THE CITY OF OSHKOSH WINNEBAGO COUNTY
WISCONSIN.
(B) VACANT LOT BETWEEN 859 W. 17TH AVENUE AND 885W. 17TH AVENUE
LOT 1 OF CERTIFIED SURVEY MAP 2369 DOCUMENT #769938 REGISTER OF DEEDS
IN THE 14TH WARD IN THE CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN.
(C) 885 W. 17TH AVENUE
LOT 1 OF CERTIFIED SURVEY MAP 1186 DOCUMENT #601194 REGISTER OF DEEDS
IN THE 14TH WARD IN THE CITY OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN.
(D) 905 W. 17TH AVENUE
NORTH 150 FT OF TRACT 1 OF CERTIFIED SURVEY MAP 154 DOCUMENT #487660
REGISTER OF DEEDS IN THE 14TH WARD IN THE CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN.
(E) PORTION OF 1732 KNAPP STREET
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 26,TOWNSHIP 18 NORTH,
RANGE 16 EAST;THENCE S00°25'20"W, A DISTANCE OF 1003.07 ALONG THE WEST
LINE OF THE SOUTHWEST 1/4 OF SECTION 26 TO A POINT;THENCE S89°34'40"E, A
DISTANCE OF 24.58 FEET TO A FOUND 1" IRON PIPE ON THE EAST RIGHT-OF-
WAY OF KNAPP STREET; THENCE S89°25'02"E ALONG OF THE NORTH LINE OF
LOT 52 OF LEACH'S MAP OF 1894, A DISTANCE OF 419.83 FEET TO A POINT AND
THE POINT OF BEGINNING; THENCE CONTINUING S89°25'02"E ALONG OF THE
NORTH LINE OF LOT 52 OF LEACH'S MAP OF 1894, A DISTANCE OF 215.69 FEET
TO A FOUND 1" IRON PIPE ON THE EAST LINE OF LOT 52 OF LEACH'S MAP OF
1894;THENCE S00°06'33"E, A DISTANCE OF 179.93 FEET ALONG THE EAST LINE OF
LOT 52 OF LEACH'S MAP OF 1894 TO A FOUND 1"IRON PIPE;THENCE N89°25'19"W,
A DISTANCE OF 215.68 FEET TO A FOUND 1" IRON PIPE; THENCE N00°06'33"W A
DISTANCE OF 179.95 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.891 ACRES MORE OR LESS.
SAID PARCEL IS SUBJECT TO EASEMENTS, AGREEMENTS, COVENANTS, OR
RESTRICTIONS RECORDED AND UNRECORDED.
PROPOSED LOT 2 OF THE ATTACHED PRELIMINARY CSM.
City
of�
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the C on Council
FROM: James Rabe, Director of Public Works
DATE: September 7, 2018
RE: Approve Determination of Necessity to Acquire Property located at
851 through 905 West 17th Avenue and a Portion of 1732 Knapp Street
BACKGROUND
The former Kienast and Paulus Quarries have been the subject of investigations relating to the production
of landfill gases. The former quarries were utilized as landfills for a period of time after active quarrying
operations ceased. As solid waste decomposes and breaks down, it can produce a number of gases,
referred to as "landfill gases". One of the most dangerous of those landfill gases is methane. In certain
concentrations, methane can be explosive. This is especially dangerous within structures where any
ignition source going off within that concentration could result in the explosion of the structure.
The investigations at the former Kienast and Paulus Quarries built upon the knowledge gained through
years of experience at the Quarry Park and Knapp Street Quarry sites. Those sites are located across
West 17th Avenue from the former Kienast and Paulus sites. The Quarry Park and Knapp Street Quarry
sites have an active landfill gas extraction system installed to vent the gases produced into the
atmosphere.
The Department of Public Works and the Fire Department distributed and installed methane detectors
to all adjacent properties that would accept them in the fall of 2015.
ANALYSIS
The monitoring of these sites has shown methane levels in excess of the Lower Explosive Limit (LEL) in
several monitoring wells. These levels of methane pose a risk to the health and safety of nearby
properties. The former Kienast Quarry is on what is now properties at 859, 885, and 905 West 171h Avenue
and the vacant parcel between 859 and 885 West 17th Avenue. The former Paulus Quarry is located on
the eastern approximately one third (1/3) of the property that is now 1732`Knapp Street.
L\ Engineering \ 2018 CONTRACTS \ 18-01 Kienast-Paulus
LF\Project_lnformation\Correspondence\Memo \18-01 NeceessitytoAcquire_9-7.18.doex Page 1 of 2
In order to protect the health and safety of the general public, the methane being generated from these
former quarries needs to be controlled. In order to properly construct the methane extraction system, it
is necessary to acquire the properties listed above.
FISCAL IMPACT
Funding for the acquisition of these properties is provided in the 2016 and 2017 Property Improvements
portion of the Capital Improvement Program.
RECOMMENDATIONS
I recommend approval of this determination of necessity to acquire properties to allow staff to proceed
with the acquisition, design, and plan preparation for the landfill gas system.
Approved:
Mark A. Rohloff
City Manager
JER/tlt
L•\Engineering\2018 CONTRACTS\18-01 Kienast-Paulus Page 2 of Z
LF \ Project_Information \ Correspondence \ Memo \ I8-01 Neceessity to Acquire_9-7-18.docx
CERTIFIED SURVEY MAP
BEING PART OF LOT
52 IN THE SUBDIVISION OF THE NW 1/4, OF THE SW 1/4 OF SECTION 26,
TOWNSHIP 18 NORTH, RANGE 16 EAST PER LEACH'S MAP OF 1894, 4th P.M.,13th WARD,
NOW 14th
WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
WEST CORNER
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LEGEND
Suite B
REBECCA A. DESROCHERS, S-3170
PROFESSIONAL LAND SURVEYOR
CSM LOT BOUNDARY •
1" IRON PIPE FOUND
920.4GreeBay, 8WI 54304
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PROJECT NO. 60427918
SEAL AND SIGNATURE ARE IN
BLACK/RED CONTRASTING INK
SECT10 SECTION CORNER
MONUMENT
CADD FILE 60427918 CSM
(FROM COUNTY DATA)
DRAWN BY RAD
DATE DRAWN 07/25/2018
RELOCATION ORDER
City of Oshkosh
Winnebago County, Wisconsin
PROJECT NAME OF ROAD HIGHWAY COUNTY
Kienast/Paulus Quarries
n/a Landfill Gas Mitigation W 17th Ave & Knapp St Winnebago
RIGHT OF WAY PLAT DATE PLAT SHEET NUMBERS DATE OF PREVIOUSLY APPROVED RELOCATION ORDER
8/15/2018 1 1
DESCRUMON OF TERMINI OF PROJECT
Being part of the NW 1/4 of the SW 1/4 all in Section 26, T18N, R16E,14th Ward, City of Oshkosh, Winnebago
County, Wisconsin
Parcel 1410020000
905 W. 17th Avenue
Parcel 1410020800
885 W. 17th Avenue
Parcel 1410020700
0 W. 17th Avenue
(Between 885 and 859 W.17th)
Parcel 1410020100
859 W. 17th Avenue
Parcel 1410080101
Portion of 1732 Knapp St
Acquire fee title of entire property
City of Oshkosh, Winnebago County, Wisconsin
Acquire fee title of entire property
City of Oshkosh, Winnebago County, Wisconsin
Acquire fee title of entire property
City of Oshkosh, Winnebago County, Wisconsin
Acquire fee title of entire property
City of Oshkosh, Winnebago County, Wisconsin
Acquire fee title of a portion of the property
City of Oshkosh, Winnebago County, Wisconsin
as shown and described on the attached plat
In order to protect public health and safety, it is necssaary to construct a landfill gas mitigation system at the locations
known as the former Kienast and Paulus Quarries. In order to construct the landfill gas mitigation system, it is
necessary to acquire certain lands as shown in 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 landfill gas mitigation system is laid out and established on the properties 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 September 2018.
Notary Public, Winnebago County, WI
My Commission Expires:
Mark A. Rohloff, City Manager
Fisher, Mike 9/6/2018 I:\Engineering\2018 CONTRACTS\2018 RW & Easements\Kienost Paulus Acquisition Map.dwg
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Parcel #3
Parcel #4
W 17th Ave 859 W 17th Ave
Parcel ID: 14-1002-0700 Parcel ID: 14-1002-0100
- — - —
Owners: Lee A & Michelle A Moin Owners: Clarence W & Bonnie L Behm I
Description: Lot 1 of CSM 2369 Description: Tract 2 of CSM 154
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Parcel #1
905 W 17th Ave
Parcel ID: 14-1002-0000
Owners: Dennis J & Patti Berndt
Description: North 150 feet of
Tract 1 of CSM 154
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885 W 17th Ave
Parcel ID: 14-1002-0800
Owners: Lee A & Michelle A Moin
Description: Lot 1 of CSM 1186
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905 W. 17th AVENUE AND A PORTION (BACK) OF 1732 KNAPP STREET
Oshkosh s
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Oshkosh
LAND ACQUISITION OF PROPERTIES LOCATED AT 851 THROUGH
905 W. 17th AVENUE AND A PORTION (BACK) OF 1732 KNAPP STREET «'-
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Quarry/
Landfill
Subject Site:
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1937 Aerial ,
ITEM: LAND ACQUISITION OF PROPERTIES LOCATED AT 859 THROUGH 905 W.
171h AVENUE AND A PORTION (BACK) OF 1732 KNAPP STREET
Plan Commission meeting of September 4, 2018.
GENERAL INFORMATION
Applicant: City of Oshkosh -Department of Public Works
Property Owners: Multiple
Action(s) Requested:
The City of Oshkosh Department of Public Works is requesting approval to acquire
approximately 3.43 acres comprised of five parcels along the south side of W. 17th Avenue, east
of Knapp Street as a safety measure from methane gas emanating from a former landfill south of
the subject site.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
Three of the five subject properties contain single-family homes and accessory structures while
the remaining two are undeveloped. Four of the properties are adjacent to W. 17th Avenue while
one is the back of a large single-family parcel which will be divided for city acquisition. All the
properties are in close proximity of the city -operated Kienast landfill which operated in the 1960s
after being used as a quarry. Over time, the decomposition of organic materials in the landfill
creates methane gas which poses a danger by the gas entering basements of nearby homes. The
City has hired AECOM to conduct an investigation to determine the amount and extent of
migration of the methane from the landfill.
The surrounding area to the south and west are predominantly single-family uses with Single
Family Residential 5 (SR -5) zonings. To the east is a public school and single family uses with
Industrial (I) and SR -5 zonings, respectively. To the north is Quarry Park, a public park with an
Institutional zoning which also was a quarry -turned -landfill which has received methane
remediation.
Subject Sites
Existing Land Use
Zoning
Single Family Residential/Vacant Land
SR -5
Adjacent Land Use and Zoning
Existing Uses Zonirm
North
Single -Family Residential, Park _....._....
SR -5 & I
South
........
.__
Single -Family Residential ............ ..........------....—
.........._.............. _ ............ _......... ...
SR -5
East
....
Single -Family Residential _ -
._.......... .__..__ ..
SR -5
West
_—....—....._.......__.
_............_--........---._.._..............._......._..___.......---........_.
Single -Family Residential
__............ _
SR -5
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Residential
20 Year Land Use Recommendation
Residential
ANALYSIS
Aerial photographs and historical maps from the Oshkosh Stone Company show that the former
Kienast and Paulus Quarries were operated as active stone quarries until the 1950's. Records
indicate that the former Paulus Quarry was filled, in part, by the City of Oshkosh Sanitation
Department with construction debris beginning in 1954. In 1965, the City of Oshkosh entered into
a lease agreement with Mr. Kienast to dispose of municipal solid waste in the former Kienast
Quarry.
In 1995, Mr. Kienast attempted to develop the remaining vacant parcel within the footprint of the
former Kienast Quarry. The Wisconsin Department of Natural Resources (WDNR) required Mr.
Kienast to investigate whether methane gas was present onsite prior to granting an exemption to
build upon a closed landfill. Three methane monitoring wells were installed and monitored.
Methane levels in excess of the Lower Explosive Limit (LEL) were detected, causing the WDNR to
deny Mr. Kienast's request. There are three parcels within the footprint and/or very near the
quarry limits of the former Kienast Quarry that have residential structures on them. These
structures were constructed before WDNR rules were developed to regulate construction on a
closed landfill.
The City contracted with AECOM Technical Services, Inc. (AECOM) to perform several
investigations to determine the amount and extent of methane generation within the former
quarries. Beginning in 2015 and continuing through 2017, there were several investigations
completed. These investigations included an electromagnetic geophysical underground survey,
excavation of test pits, subsurface drilling (soil borings), installation of gas monitoring wells,
monitoring of ground water elevations and vapor extraction pump tests.
The results of these investigations indicate that methane is being generated from the municipal
solid waste that was disposed of within the former Kienast Quarry. The former Paulus Quarry
does not appear to be generating methane, but does appear to be functioning as a methane
storage cell for methane that is generated within the former Kienast Quarry. The methane
concentrations in both quarries are in excess of the LEL, posing a risk to structures constructed on
and near the former quarries.
Iters: — Land Acquisition — W. 17th Avenue
In an effort to control the potential migration of landfill gas (LFG), an active LFG collection
system is recommended. Acquisition of these properties and demolition of the structures is
recommended to reduce the risk of exposure and buildup of methane and other LFG within the
proximity of the structures. Additionally, acquisition will be required to place this system in the
most effective location for controlling the migration of LFG, to maintain appropriate access for
operation and maintenance of the system, to allow for proper grading of the site to direct runoff
away from the landfill cap and ensure the sites continue to comply with WDNR regulations. The
LFG collection system will be very similar to the system installed at the Quarry Park and Knapp
Street Quarry sites. The design of the LFG collection system will evaluate whether this site can be
connected into the Quarry Park and Knapp Street Quarry system or whether an additional
venting and blower setup will be necessary.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the proposed land acquisitions as requested.
The Plan Commission approved of the land acquisition 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. All the properties are in
close proximity of the city -operated Kienast landfill which operated in the 1960s after being used
as a quarry. Over time, the decomposition of organic materials in the landfill creates methane gas
which poses a danger by the gas entering basements of nearby homes. The City contracted with
AECOM Technical Services, Inc. to perform several investigations to determine the amount and
extent of methane generation within the former quarries. The results of these investigations
indicate that methane is being generated from the municipal solid waste that was disposed of
within the former Kienast Quarry. The former Paulus Quarry does not appear to be generating
methane, but does appear to be functioning as a methane storage cell for methane that is
generated within the former Kienast Quarry. In an effort to control the potential migration of
landfill gas (LFG), an active LFG collection system is recommended. Acquisition of these
properties and demolition of the structures is recommended to reduce the risk of exposure and
buildup of methane and other LFG within the proximity of the structures.
Mr. Bozven and Ms. Propp arrived at 4:02 pm.
Mr. Borsuk asked where the locations were of the other methane mitigation areas.
Mr. Rabe responded that the other locations were Quarry Park and the Knapp Street quarries.
Mr. Borsuk questioned why the properties in question were not part of the Quarry Park or Knapp
Street quarries' investigation.
Mr. Rabe said he did not know why they were not looked at previously.
Item — Laud Acquisition — W. 17" Avenue
Mr. Borsuk asked if Staff looked into cleaning out the quarry as opposed to acquiring the
properties and setting up a methane mitigation system.
Mr. Rabe responded that it would cost tens of millions of dollars because the quarry is 40 to 50
feet deep. The waste would then have to be hauled to a licensed landfill.
Noll Isely, 851 W. 171h Avenue, asked what a methane mitigation system is.
Mr. Rabe explains the system that would be installed would be very similar to the systems at the
nearby quarries. The system would consist of a perforated pipe system installed around the
perimeter of the former deep quarry, which was filled with themunicipal solid waste that is
decomposing. Vacuum pressure would be applied to the system to draw any methane that is
being produced and then vented out into the air. Mr. Rabe noted that Mr. Isely's property would
not be affected.
Mr. Isely asked what the anticipated completion date is.
Mr. Rabe replied at this time, plans and specifications have not been completed. They are
working on completing those. He said dependent on the timeline, they would hope to start
construction this winter and hope to finish by next spring or early summer.
Mr. Borsuk wanted confirmation if the system would be vented or flared.
Mr. Rabe asked Mr. Gohde if he recalled Knapp Street quarries being vented or flared.
Mr. Gohde answered the Knapp Street quarries do not have a high enough concentration to be
flared in the extraction system. He said at this point, there is no plan to flare the proposed system
because the concentration level is not high enough.
Mr. Borsuk inquired if an air permit would be obtained to release the methane.
Mr. Rabe replied that all required permits through the DNR will be obtained as part of the plan
preparation and permitting process.
Mr. Perry arrived at 4:12.pm.
Mary Warnke, 5110 Stretch Lane, said she does own a property within the neighborhood. Ms.
Warnke asked what the completion site would like look in terms of the pipe system and
landscaping.
Mr. Rabe responded that it would look very similar to Quarry Park and Knapp Street quarries.
The system would start as an active system in hopes of going to a passive system. There would
be a few taller pipes installed that would hopefully function as the passive system. The only
fencing that would be installed would be around the venting equipment, similar to the Knapp
Item —Land Acquisidon — W. 17" Avenue
Street site. He explained that the Knapp Street site is an open field with a small mound and then
a small fenced in area where the equipment is stored.
Ms. Warnke wanted to clarify that the site would be a maintained grassy area like the Knapp
Street site.
Mr. Rabe confirmed it would be.
Lee Moin, 885 W. 17th Avenue, is one of the affected property owners. Mr. Moin asked what the
plan is for working with property owners on the transition process and how to improve it. The
affected owners were notified over a year ago but the plan is just now in the process of being
approved. He said the communication they have had has been poor. Mr. Moin wants to ensure
that there will be a good transition plan. He added that one of the property owners is in ill -
health.
Mr. Rabe stated the approval through Plan Commission and Common Council will allow them to
very actively finish the project. He said there have been some workload issues that have delayed
the project. He added that there is an acquisition specialist and an appraiser under contract to
help finish the project.
Mr. Fojtik wanted confirmation that the process could move forward once approved through
Plan Commission and Common Council.
Mr. Rabe confirmed.
Ms. Propp asked for an explanation on the process for the property owners.
Mr. Rabe said there would be a relocation order prepared. The appraiser would then do a report.
There have been some preliminary work that has been done but would need to be updated to be
current. The process would then follow the outline by the State Statutes. There would also be
timelines involved. Once the appraisal is issued, there is a timeline for the property owners to ask
for a second appraisal as outline in the State Statutes.
Ms. Propp wanted confirmation that there is a process for the owners and that it would be
outlined.
Mr. Rabe stated that some of the items have already been outlined though earlier
communications. The project has been ongoing for longer than expected. He confirmed that the
statues are there to protect the property owners in acquisition processes.
Mr. Moin stated there was already one appraisal prepared in the late summer. He said since the
odds are very high of the owners moving, there is no incentive to update the homes. The
property would degrade as time goes on. He asked if the property owners obtain a second
appraisal later in the process, how it would be taken into account. He also added that market
prices are rising.
Item — Land Acquisition — W. I7' Avenue 5
Mr. Rabe replied that those are items the acquisition consultant can work through on behalf of the
City. The acquisition consultant is going to be the primary one having those conversations. The
City relies on the acquisition consultant for those concerns as they are well versed in the statutory
requirements.
Ken Larie, 1722 Knapp Street, explained that his family is very familiar with the quarries. He said
his wife was a Schoenberger and her mom was a Paulus, who owned the Paulus property. His
mother-in-law also lost two children to the quarry. He asked where the system would sit on the
property, as it does generate some noise.
Mr. Rabe replied that at this point he has not reviewed the plans at that stage. Generally
speaking, they would try to keep it closer to the street towards the power supply. Public
Service's power supply would most likely be coming off of 17f Avenue. He stated again he does
not know the exact location yet. Within a few weeks, the plans will more detailed and he would
have more information for Mr. Larie.
Mr. Borsuk recalled that for the Knapp Street quarries, the site plan had to come back to Plan
Commission for approval. He was wondering if the proposed remediation would follow the
same process.
Mr. Burich said first they would have to classify the use and consider if it needed to be rezoned.
Mr. Burich thought it would be best to to review what happened with the Knapp Street site
because he could not recall if it came back to Plan Commission. There have been updates to the
zoning code and not all items need to come back to Plan Commission. The current lot is zoned
SR -5 and may require some type of zone change.
Mr. Rabe asked Mr. Burich if it would most likely be rezoned to Institutional.
Mr. Burich asked Mr. Nau what the current quarry properties are zoned as.
Mr. Nau replied that they are zoned as Institutional.
Mr. Burich stated that it would probably have to be rezoned because most city properties are
zoned institutional but then the next question would be if it needed a conditional use permit or a
planned development would be necessary.
Mr. Bowen asked if the CSM dividing the property on 1732 Knapp Street would come back to
Plan Commission.
Mr. Nau confirmed that it would.
Mr. Bowen asked if the lots in question would be combined or left as is to manage any ongoing
liability for each parcel.
Item — Land Acquisition — W. I I Avenue
Mr. Rabe said he would have to look into it.
Mr. Bowen added that it would give Plan Commission another opportunity.to look at the area.
Mr. Rabe said the land division would come back to Plan Commission but he was unsure about
the combining of the lots.
Mr. Burich added the CSMs do not give much of an opportunity to look at the development on
the site. It would only show how and where the parcels are being divided or combined.
Mr. Bowen commented that the rezoning would come to Plan Commission nonetheless
Mr. Burich agreed but was not sure if a Planned Development would need to be added.
Mr. Borsuk said that when it comes back for rezoning, it would be nice to see what the final
remediation would look like so the neighbors could see.
Allyn Darmhoff, 1725 Sandra Street, said he was unsure why a rezoning needed to take place.
The proposed area is to address an environmental issue. He recalls gas stations across the city
putting in remediation systems which did not necessitate in rezoning. It was part in parcel to
previous or historic use of the land, which the proposed area is. Mr. Dannhoff would prefer not
to rezone the area for the possibility of other uses in the future. The possibility of other uses to
the area would not match the residential zoning surrounding it.
Mr. Burich said that this is not a gas stationed and it would be owned by the City. Properties that
are owned by the City are usually zoned as Institutional, such as parks.
Mr. Dannhoff asked what other uses are permitted in institutionally zoned areas.
Mr. Burich replied that we would have to look at the ordinance.
Mr. Dannhoff said those other uses are what he feels do not belong in a residential district.
Mr. Burich added that a planned development could be added. He said there are many options
to make it work.
Mr. Dannhoff asked if a conditional use permit could be an option.
Mr. Burich stated this type of use is permitted in the Institutional district but not in the SR -5
district.
Mr. Dannhoff questioned if it could be a zoning code change instead of rezoning a large portion
of a neighborhood.
Mr. Burich replied potentially.
Item —Land Acquisition — W. II Avenue
Mark Baier, 1732 Knapp Street, asked if there would be an easement in order to access the back
portion of 1732 Knapp Street. He said there have been discussions in the past with Mr. Rabe and
Mr. Baier just wanted to confirm the access.
Mr. Rabe recalls the conversations and has made sure the acquisition specialist is aware of the
situation. Mr. Rabe said the owners do have a shed in the back portion which is extremely
difficult to access from the Knapp Street frontage. Mr. Rabe has informed the acquisition
specialist that there is a desire to work with the owners on this item.
Motion by Propp to approve a land acquisition of properties located at 859 through 905 W. 17th
Avenue and a portion (back) of 1732 Knapp Street.
Seconded by Vajgrt.
Ms. Propp recalls Quarry Park having the same issues. She remembers Quarry Park having huge
pipes at one point, monitoring wells. She would have liked to have a more of an active park but
structures are not allowed on that type of parcel due to the methane. She has since noticed soccer
goals but that is about it. She cannot foresee doing much to the area but grass or an informal use
that would not involve a structure. She asked Mr. Rabe to confirm.
Mr. Rabe said that the soccer goals are removable and are not anchored in. As part of the process,
the DNR is requiring more of an engineered cap over the top. They are also requiring items that
penetrate that cap into the soils below since it is a concern for the DNR. It is a concern because it
brings an opportunity where the cap is being penetrated and it is defeating the purpose of having
the cap installed. Therefore, portable items like the soccer goal in Quarry Park might be one of
the few things that would be allowed. The post construction and uses has not been detailed yet
besides knowing it will be an open, maintained grassy field.
Ms. Propp wanted confirmation that the site would look similar to Quarry Park once finalized.
Mr. Rabe confirmed.
Mr. Borsuk mentioned he was in support of the proposed plan. He asked if the City has taken an
inventory of closed landfills and if there are potential problems with methane gas in those
locations. Mr. Borsuk said the northeast side has several landfills.
Mr. Rabe said he is unaware of other location where the City would have placed municipal solid
waste. He said he would have to do some research on that. He stated if it was a private landfill,
the responsibility would be different as opposed to the site in question where municipal solid
waste was disposed of. ,
Mr. Rabe said in this case it is the municipal solid waste decomposing that is the big generator of
methane. There are other types of landfill that do not generate the high concentration of methane
like solid waste generates. Mr. Rabe said he would have to do some research since there are
Item — Land Acquisition — W. 17i" Avenue 8
publications that have information about sanitation in the city that could be useful in finding
other potential areas.
Motion carried 8-0.
Item — Land Acquisition — W. I I' Avenue
b
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CERTIFIED SURVEY MAP
BEING PART OF LOT 52 IN THE SUBDIVISION OF THE NW 1/4, OF THE SW 1/4 OF SECTION 26,
TOWNSHIP 18 NORTH, RANGE 16 EAST PER LEACH'S MAP OF 1894, 4th P.M.,13th WARD,
NOW 14th WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
WEST CORNER
SECTION 26, T10N, R16E
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MICHAEL J. GONNERING, S-1857
PROFESSIONAL LAND SURVEYOR
OCTOBER 25, 2017
THIS IS AN ORIGINAL SURVEY
DOCUMENT IF THE PROFESSIONAL
SEAL AND SIGNATURE ARE..IN
BLACK/RED CONTRASTING INK
635.52'
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LOT 2
38,807.6 S0. FT
0.891 ACRES
• 1" IRON PIPE FOUND
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in WINNEBAGO COUNTY
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JAZ—COM
2985 South Ridge Road
Suite B
Green Bay, VVI 54304
920.468.1978
—aecom.Com
LAND ACQ CITY OF OSHKOSH CYNTHIA A MOORE
KNAPP ST & W 17TH AVE PO BOX 1130 868 W 17TH AVE
PC: 09-04-18 OSHKOSH WI 54903 OSHKOSH WI 54902
SCOTT R/KIRSTEN L LANGKAU
876 W 17TH AVE
OSHKOSH WI 54902
APRIL L PINNOW
1743 KNAPP ST
OSHKOSH WI 54902
CLARENCE WBONNIE L BEHM
859 W 17TH AVE
OSHKOSH WI 54902
LEE A/MICHELLE A MOIN
885 W 17TH AVE
OSHKOSH WI 54902
MARY J MURKEN/DANIEL E
KUSSMANN
1729 KNAPP ST
OSHKOSH WI 54902
THOMAS R SCHOENBERGER JR
921 W 17TH AVE
OSHKOSH WI 54902
NOLL H ISELY/SARAH J FORSTER
851 W 17TH AVE
OSHKOSH WI 54902
JAMES E HUNT
847 W 17TH AVE
OSHKOSH WI 54902
OSHKOSH AREA SCHOOL DISTRICT
PO BOX 3048
OSHKOSH WI 54903
DENNIS J/PATTI BERNDT
905 W 17TH AVE
OSHKOSH WI 54902
ALLYN J/TAMMY L DANNHOFF
1725 SANDERS ST
OSHKOSH WI 54902
KENNETH G/ANNETTE L LARIE
4463 STONEFIELD DR
OSHKOSH WI 54902
DAVID N WAGNER DAVID L/CHARLENE M BLOCK LIFE MARK A/DEBRA A BAIER
1742 KNAPP ST ESTATE 1732 KNAPP ST
OSHKOSH WI 54902 1752 KNAPP ST OSHKOSH WI 54902
OSHKOSH WI 54902
SCOTT J/CINDY SCHAICK
906 W 18TH AVE
OSHKOSH WI 54902
LUKAS P BALISTRIERI
888 W 18TH AVE
OSHKOSH WI 54902
GEORGE R/DIANE J WIDENER
866 W 18TH AVE
OSHKOSH WI 54902
BENJAMIN J/JAIME P MUELLER
1735 SANDERS ST
OSHKOSH WI 54902
DANIEL R BUTCH
900 W 18TH AVE
OSHKOSH WI 54902
MATTHEW J/BREANNA R
MALCZEWSKI
880 W 18TH AVE
OSHKOSH WI 54902
JARED L/JENNIFER S VOIGHT
856 W 18TH AVE
OSHKOSH WI 54902
LAURA R PAYNE/TIIOMAS W REES
896 W 18TH AVE
OSHKOSH WI 54902
WILLIAM C/JUDITH E HESSER REV
TRUST
872 W 18TH AVE
OSHKOSH WI 54902
ANTON P/JILL A PLASHKO IV
1745 SANDERS ST
OSHKOSH WI 54902
MARK A/REBECCA A NONWEILER JULIE COBB
1720 SANDERS ST 856 W 17TH AVE
OSHKOSH WI 54902 OSHKOSH WI 54902
Page 5
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to printing Date: 8114/2018
www.ci.oshkosh.wl.usiGiSdisclaimer Prepared by: C4 of Oshkosh, WI Oshkosh
JAGISTIanninglPlan Commission Site Plan Map Template0an Commission Site Plan Map Temp ate.ffmd User. minak
Page 6
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the Information. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisciaimbr
JAGI80anningRan Commission Site Plan Map TemplateRan Commission Site Plan Mao
lin=0.09 mi
1 in= 500 ft
Printing Date: 8/1412018 .
Prepared by: City of Oshkosh, WI
C�fu
Oshkosh
Page 7
11- mi -v
City of Oshkosh maps and data are intended to be used For general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Inose using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.d.oshkosh.wi.us/GlSdisclaimer
Site Plan Map TemplatelPlan Commission Site Plan Mao
1 in=0.02 mi
1in=120ft
Printing Date: 8114/2018
Prepared by: City of Oshkosh, WI
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Page 8
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