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HomeMy WebLinkAbout04. 19-517 SEPTEMBER 24, 2019 19-517 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT DRAINAGE EASEMENT AT 3087 OREGON STREET INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common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 H8 (h 498 55' 00' CV 8 O SUBJECT L- ; 8' SITE M tz 230.0 z o i 0 w cc ; 0 2115' 121 259.00' ® .- h. co a cn zso 4. N 8 MN 01 185.00• W--WAUKAU-AV __ — y r. „, _ i , ., I fawirenfo E y J .., ,, ..;;, , ,„ .,, , _ .. 4.4'''''''''''.6-4-'1;i::::::I . t O x y c -- OQQ OR ('� I r V� V� :,�� :./��1 :.) 1 1in=0.02mi A iin= 120ft 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 Printing Date:919/2019 information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh wwwa.oshkosh.wi.us/GlSdisclairner Prepared by:City of Oshkosh,WI J:\GIS'PIanning\Plan Commission Site Pan Map TemplateiPlan Commission Site Plan Map Template.inxd Pace 3 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. G i Motion by Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. f 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 18 a. a.0 AH UY WINNEBAGO COUNTY THOMAS A MURASKI LIMITED HIGHWAY EASEME PT 4; DOC.487095 3087 OREGON STREET PARCEL.# 91413470000 218.00. ^3 "sT 7 145.00' 40.00' IF 33.00' F PERMANENT DRAINAGE EASEMENT = 94" .2 o o , 2 E Ln G! Lo F 0 VH rn ro --- -------- 7, VO4 Vbl �2 N 19 wv 6, 4F 35 3 0 I f 2 :2 .............­__ < 'i3 0 60 PERMANENT DRAINAGE EASEMENT 3087 OREGON STREET STRAND THOMAS A. MURASKI ASSOCIATES® CITY OF OSHKOSH WINNEBAGO COUNTY, WISCONSIN FIGURE NO. 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For full disclaimer please go to Printing Date:9(912019 CS�iktJSh v.ww.ei.oshkosh.wi.uslGISdisclaimer Prepared by:City of Oshkosh,WI J:I,GISI,PlanningTIan Commiss cn Slte Plan:heap TemplatetPlan Commission Site Plan Map Template.mxd P a0e�;m�ak O 0 ............-—----- ................ ■ fiTU ................................. ................................. ........... ............................._....................1 I —4— ............................ ............... .................................... ................ HI vv ................ —........................ ............. SR-5 shkosh City Limit vv SR-5-PD SR-5 N 1 in=0.09 mi �44 1 in=500ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and C 0 ,^IIW the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:9/9/2019 0, information are responsible for verifying accuracy. For full disclaimer please go to www.d,oshkosh.wi.us/GiSdisclaimer Prepared by:City of Oshkosh,WI Osh- kosh J:I,GISI,PIanning\Pjafj Commission Site P:rt Map TemplateRan Commission Site Plan Map TomplatenA P a Ougcn4ak d rd � Ed n x r §� t a< 5� s � s �#Yf, r � t 2 L V g, i �•, ym t i 4 t,it llY. } f, "3 :ib __ i a , . a 1 in=0.02 mi 1 In=100 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and Ci'`r' the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:9(912019 Of information are responsible for verifying accuracy. For full disclaimer please go toShIC(�S�l www.cl.oshkosh.wi.us/GiSdisclaimer Prepared by:City of Oshkosh,WI Oshkosh os J;GIS'Planning\PIan Commission Ste P€an Map TemplateRan Commission Site Plan Map Templatesixd P adiler m-Bak