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Council authorizes acquisition process for storm-sewer easement tied to Advocap childcare incubator
Summary
The council adopted Resolution 25578 to begin acquiring a storm-sewer easement at 3820 Jackson St., 3835 Somerset Way and 3847 Somerset Way needed for Advocap's childcare incubator; staff outlined engineering alternatives and said acquisition (including purchase or, if necessary, the statutory eminent-domain process) would proceed.
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The Oshkosh Common Council voted on Nov. 11 to adopt Resolution 25578, a determination of necessity and relocation order that authorizes staff to begin acquisition activities for a storm-sewer easement serving parcels at 3820 Jackson Street, 3835 Somerset Way and 3847 Somerset Way.
Tanya Marco, executive director of Advocap, told the council the easement is critical to construction of an Advocap childcare incubator previously approved by the council on Aug. 12, 2025, and warned that delay could force engineering redesigns that raise costs and extend timelines. “By approving Resolution 25‑5‑78 today, you ensure that this project remains on schedule within budget and aligned with the vision you endorsed in August,” Marco said.
Public-works and engineering staff presented four engineering alternatives they evaluated. Two of the four were hydraulically infeasible because they would transfer stormwater between watersheds or increase flooding at the Jackson/Snell intersection; the other two were hydraulically feasible but would require extensive upsizing of storm sewers, approximately 1,100–1,200 feet of new or upsized pipe in backyards and additional easements or impacts to four to five property owners near the outfall to the county park. Staff also outlined a previously discussed option to negotiate purchase of the easement or, if necessary, acquire property and then resell it.
Councilmembers discussed options including negotiating a purchase of the easement, purchasing the property, or pursuing reroutes—balancing hydraulic feasibility, cost, impacts on neighboring properties and project schedule. Legal counsel advised that passing the determination of necessity starts the statutory process that ensures required notices, appraisals and a proper negotiation framework and preserves the city’s legal position if acquisition negotiations later fail. Counsel said that adoption of the resolution does not obligate the city to take property but enables a correct statutory process if needed.
Council moved, seconded and approved Resolution 25578 on roll call. Council directed staff to proceed with negotiations and appraisal work and to return for additional council approvals if a purchase or jurisdictional (eminent-domain) step is recommended.
Staff and Advocap said they will continue design work while acquisition negotiations proceed, with the goal of minimizing delays to the childcare incubator project.

