HomeMy WebLinkAbout04. 19-517 SEPTEMBER 24, 2019 19-517 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: ACCEPT DRAINAGE EASEMENT AT 3087 OREGON STREET
INITIATED BY: CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby accepts a drainage easement at 3087 Oregon Street, per the attached, and the
proper City officials are authorized and directed to execute any and all documents
necessary for purposes of same.
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Service Manager
DATE: September 19, 2019
RE: Accept Drainage Easement at 3807 Oregon Street (Plan Commission
Recommends Approval)
BACKGROUND
The subject property is 1.03 acres in size and located on the northwest corner of W. Waukau
Avenue and Oregon Street and includes a single family residence. The surrounding area
consists of a mixture of commercial, industrial, and residential uses.
ANALYSIS
There is an existing drainage ditch located on the subject property that conveys storm water
from the W.Waukau Avenue right-of-way to an existing storm easement along the east property
line of the subject site and to the Oregon St. right-of-way. The City's Engineering Division is
requesting an easement at the subject site to allow for continued drainage from all properties
through the existing swale and to provide access to the City in order to inspect, maintain and
repair the swale when needed. The proposed easement will be 65 feet wide, running 145 feet
along the south property line to the existing storm easement. The Department of Public Works
and City Attorney's Office will work with the property owner to have appropriate easement
documents signed and recorded at the Winnebago County Register of Deeds.
RECOMMENDATION
The Plan Commission recommended approval of the acceptance of the proposed drainage easement
at its September 17, 2019 meeting.
Respectfully Submitted, Approved:
,rct
Mark Lyon Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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ITEM: ACCEPT DRAINAGE EASEMENT AT 3087 OREGON STREET
Plan Commission meeting of September 17,2019
GENERAL INFORMATION
Applicant: City of Oshkosh
Owner: Thomas A. Muraski
Actions Requested:
The City of Oshkosh is requesting acceptance of a drainage easement to allow for continued
storm drainage from the subject property and surrounding properties and to provide access to
the existing drainage ditch.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The subject property is 1.03 acres in size and located on the northwest corner of W. Waukau
Avenue and Oregon Street and includes a single family residence. The surrounding area consists
of a mixture of commercial,industrial, and residential uses.
ANALYSIS
There is an existing drainage ditch located on the subject property that conveys storm water from
the W.Waukau Avenue right-of-way to an existing storm easement along the east property line
of the subject site, and to the Oregon St. right-of-way. The City's Engineering Division is
requesting an easement at the subject site to allow for continued drainage from all properties
through the existing swale and to provide access to the City in order to inspect,maintain and
repair the swale when needed.
The proposed easement will be 65 feet wide,running 145 feet along the south property line to the
existing storm easement. The Department of Public Works and City Attorney's Office will work
with the property owner to have appropriate easement documents signed and recorded at the
Winnebago County Register of Deeds.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed drainage easement as requested.
The Plan Commission approved of the acceptance of the proposed drainage easement as
requested. The following is the Plan Commission's discussion on this item.
Site Inspections: Report: Mr.Hinz and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting acceptance of a drainage easement to allow for continued
storm drainage from the subject property and surrounding properties and to provide access to
the existing drainage ditch.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. There is an existing drainage ditch located on the
subject property that conveys storm water from the W.Waukau Avenue right-of-way to an
existing storm easement along the east property line of the subject site and to the Oregon St. right-
of-way. The City's Engineering Division is requesting an easement at the subject site to allow for
continued drainage from all properties through the existing swale and to provide access to the
City in order to inspect,maintain and repair the swale when needed. The proposed easement
will be 65 feet wide,running 145 feet along the south property line to the existing storm
easement. The Department of Public Works and City Attorney's Office will work with the
property owner to have appropriate easement documents signed and recorded at the Winnebago
County Register of Deeds. He said staff recommends approval of the acceptance of the proposed
drainage easement as requested.
Mr. Fojtik opened technical questions to staff.
Mr.Mitchell inquired about the type of material used in lining the storm water retention basins.
Mr. Lyons replied he does not believe this is a city maintained drainage facility. He said it an
existing drainage channel where it is running through and the city wants to make sure they have
the ability to maintain it or do any work that needs to be done.
Mr. Gierach said this area is part of the Gallups/Merritts watershed that drains though there. He
said currently the city does not do any maintenance out there. He explained with the Waukau
bridge reconstruction later this year,they are looking to better realign the ditch through the
culvert there and the culvert along Oregon Street to help improve the flow. He said they are
looking to do some bank stabilization on the outside of the creek as well so they will not have
erosion and loss of soil in the future.
Mr.Mitchell asked if the property owner was aware that they could do landscaping.
Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make
any statements.
Thomas Muraski(applicant),3087 Oregon Street,requested for Mr.Mitchell to repeat the
question.
Item—Accept Easement—3087 Oregon St. 2
i
Mr. Mitchell stated the city is not maintaining it. He asked if Mr.Muraski was aware that he
could improve the environment of it if he wished to do so.
Mr. Muraski replied the way he assumed the new easement was going to be was that the city
j would have access to it and have the ability to maintain it. He said from his understanding
i
through the conversations he has had with Mike Blank(Construction Management Supervisor for
the City of Oshkosh) is that he would report any problems he sees in the easement to the city.
Mr. Lyons commented the easement gives the city the authority to go on the property and
maintain it.
Mr.Muraski stated that whole area floods. He said they don't maintain the downstream
anymore, it used to be when the County had it. He explained about ten years ago he asked about
the creek/ditch being cleared out and was told they could not because the DNR would not let
them due to the vegetation being too big. He said the water goes up to the house when it floods.
Mr. Lyons said this should give the city the ability to maintain it and improve the situation.
Mr. Mitchell said he was curious why the area is not treated as something to improve the water
quality and environment in the area.
Mr. Muraski stated this was just annexed a few years ago. He said he was in the Town of Algoma
up until six or seven years ago. He said the county stated they maintained it but he ended up
maintaining it. He said he did not use chemicals on it but used an LP torch to clear the area
because he understood that it all floats down to the Winnebago system. He stated he is fine with
the city doing what they need to do with the area but would like to be kept in the loop.
Mr. Gierach explained a ditch line like this does not get as much quality out of it as a pond
would. He said there is quality corning from it but it is not typically something that would be
maintained as much as the ponds.
Mr. Lyons added this is essentially a natural feature that is already existing. He explained the city
wants to make sure they can maintain it to ensure the flow continues. He said it is not necessarily
meant to be a detention location.
Mr. Mitchell stated it would be beautiful to see they city transition from water management being
something that is just dealt with versus something that is valued. He said it would be nice to see
the city seize the opportunities in little areas like this one to improve water quality.
Mr. Lyons explained the city is limited to what they can do in the area.
There were no other public comments on this item.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
Item—Accept Easement—3087 Oregon St. 3
There were no closing statements from the applicant.
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Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Seconded by Kiefer.
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C Mr. Fojtik asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 8-0.
Item—Accept Easement—3087 Oregon St. 4
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WINNEBAGO COUNTY
THOMAS A MURASKI LIMITED HIGHWAY EASEME PT
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3087 OREGON STREET
PARCEL.# 91413470000
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145.00' 40.00' IF 33.00'
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EASEMENT = 94"
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3087 OREGON STREET STRAND
THOMAS A. MURASKI ASSOCIATES®
CITY OF OSHKOSH
WINNEBAGO COUNTY, WISCONSIN FIGURE NO. I
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