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HomeMy WebLinkAbout10. 19-543 REVISED OCTOBER 8, 2019 19-543 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MASTERS OSHKOSH LLC, ROGANS STORES OSHKOSH, LLC AND OSHKOSH REFURB, INC. FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY; SOUTH SIDE OF THE 1800 BLOCK OF WEST 20TH AVENUE INITIATED BY: MASTERS OSHKOSH LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC and Oshkosh Refurb, Inc. and their contractors, a privilege in street for placement of storm water management facilities within public right of way on the south side of the 1800 block of W. 201h Avenue, per the attached, with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right- of-way. The Department of Public Works shall approve the precise location(s),but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. OCTOBER 8, 2019 19-543 RESOLUTION CONT'D 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of $200,000 per occurrence and $500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten (10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. y 6 City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: October 7, 2019 RE: Approve Granting Privilege in Street to Masters Oshkosh LLC, Rogans Stores Oshkosh LLC and Oshkosh Refurb, Inc for Placement of Storm Water Management Facilities within Public Right of Way; South side of the 1800 Block of West 20th Avenue (Plan Commission Recommends Approval) Explanation of Revised Resolution Phoenix Realty, LLC was replaced with Oshkosh Refurb, Inc. for the Privilege in Street in Resolution 19-543. Staff was notified that Oshkosh Refurb, Inc. will take ownership of the property at Aviation Plaza on Friday October 111h and Phoenix Realty will no longer have an interest in the Privilege in Street. Privilege in Street documents will be executed after Oshkosh Refurb, Inc. is the owner. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,Wl 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us # ti City f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Service Manager DATE: October 3, 2019 RE: Approve Granting Privilege in Street to Masters Oshkosh LLC, Rogans Stores Oshkosh LLC and Phoenix Reality, LLC for Placement of Storm Water Management Facilities within Public Right of Way; South side of the 1800 Block of West 20th Avenue (Plan Commission Recommends Approval) BACKGROUND/ANALYSIS Masters Oshkosh, LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S. Koeller Street to Interstate 41 right-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in- the-street conditions. RECOMMENDATION The Plan Commission recommended approval of the granting privilege in the street with conditions at its September 17, 2019 meeting. Respectfully Submitted, Approved: 6.—s3 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 PRIVILEGE IN STREET Document Number Document Title Recording Area Name and Return Address City Attorney Office P O Box 1130 Oshkosh WI 54903-1130 91334222034, 91323100404, 91323100401, 91323100402, 91323100403 Parcel Identification Number (PEX) This instrument drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 1 October 3, 2019 PRIVILEGE IN STREET AGREEMENT 1. This Agreement is between Masters Oshkosh, LLC, PO Box 270422, Hartford, Wisconsin 53027-0422 (individually, Masters), Rogan Stores Oshkosh LLC, 1750 Ohio Street, Racine, Wisconsin 53405-3626 (individually,Rogan),and Phoenix Realty,LLC,401 E.Kilbourn Avenue,Suite 201,Milwaukee,Wisconsin 53202 (individually, Phoenix)(collectively, Owners), and the City of Oshkosh, 215 Church Avenue, Oshkosh,Wisconsin 54901 (City). The Owners and City agree that One Dollar($1.00)and other good and sufficient consideration as described or referenced in this document has been given to,and received from the other(s)as part of this Agreement. 2. The Owners shall always be responsible,jointly and severally, for the obligations and liabilities of this Privilege in the Street. In the event that one or more of the Owners conveys, or proposes to convey, all or part of a parcel to third parties,then that Owner must contact the City regarding options for assigning its interest in the Privilege in the Street. Masters,Rogan,and Phoenix shall not assign,convey,or transfer this Privilege, in whole or in part, to any other person or entity without the written consent of the City of Oshkosh. Conveyance of property without assignment of the Privilege interests may result in the revocation of the Privilege. The restriction in the previous sentence does not include contractor's performing work to carry out the purpose of this Agreement. 3. This storm water improvements and facilities to be installed subject to this Privilege in the Street shall benefit the City of Oshkosh's overall public storm water drainage and retention system,as well as for the benefit of the following parcels for the purpose of addressing storm water drainage and retention issues on the redevelopment Site: a. Masters Oshkosh,LLC. Parcel Number 91334222034 Lot 3 and 4 of Certified Survey Map Number 5964,as recorded September 7,2006 in Volume 1, Page 5964,Document Number 1410416,Winnebago County Register of Deeds,excluding lands used for right-of-way purposes for DOT Project 1120-10-21 described in documents 1493434 and 1511246, Winnebago County Register of Deeds. b. Rogan Stores Oshkosh LLC. Parcel Number 91323100404 Lot 2 of Certified Survey Map No. 5964 recorded with the Winnebago County Register of Deeds on September 7, 2006 in Volume 1 of Certified Survey Maps on Page 5964 as Document No. 1410416. Said land being in the City of Oshkosh, County of Winnebago, State of Wisconsin. c. Phoenix Realty,LLC. Parcel Numbers 91323100401, 91323100402, 91323100403 Lots 1 and 2 of Certified Survey Map Number 3 521,recorded with the Winnebago County Register of Deeds on September 4, 1996, as Document Number 947777,being part of the Northwest 1/4 of Section 34,Township 18 North,Range 16 East,City of Oshkosh,Winnebago County,Wisconsin. and Lot 1 of Certified Survey Map Number 5964, recorded with the Winnebago County Register of Deeds on September 7,2006,as Document Number 1410416,being part of the Northwest 1/4 of the Northwest 1/4 of Section 34, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County,Wisconsin. 4. The Owners and/or subsequent owners of parcels are redeveloping a multi-parcel commercial site (collectively,Site). The proposed redevelopment configuration includes certain storm water drainage and/or retention requirements occurring within the City's public right-of-way. Private property owners may only use public right-of-way under certain conditions including the requirement that they are granted a Privilege in the Street by the City as described by state statute. Therefore,this Agreement is entered into pursuant to Section 2 October 3, 2019 66.0425, Wisconsin Statutes, which governs the granting of Privileges in the Street. This Agreement incorporates and is subject to the terms,conditions, and requirements of Wis. Stat. 66.0425,except for the statutory terms that are explicitly modified through this Agreement,as well as any additional terms identified herein. 5. City approval of this Privilege in the Street,as well as zoning and other approvals and for this redevelopment Site, shall not act as, nor be interpreted or inferred as, granting easements or interests in real property, or granting or conveying any other property rights. The Privilege granted may therefore at all times be revoked by the City at its discretion and without obligation as described in Wis. Stat. 66.0425, or as otherwise explicitly described in this Agreement. Due to the nature of this Agreement, it may not be required to be recorded with the County land records. However, the inclusion of the Privilege in the Street as a current component of the Site's redevelopment results in the understanding that this Agreement may be recorded with the Winnebago County Register of Deeds to provide notice of the limitations of this Privilege to potential future owners of the parcels within the Site or others reviewing interests in the site. 6. The Owners and/or subsequent owners are redeveloping the large site commonly known as Aviation Plaza. Masters,Rogan,and Phoenix each owning separate parcels within the larger Site,although it is anticipated that Phoenix will at some point be conveying its interests to others for the actual redevelopment. Each ofthe Owners are separately engaged in either new construction or renovations of existing commercial buildings and/or utility and storm water improvements on the larger redevelopment Site. Despite the separate plans and actions of the individual Owners,the overall composition of the proposed new development and uses of the Site requires that some of the storm water drainage and retention issues be addressed for the larger Site as a whole. Therefore,while the Privilege in the Street is physically adjacent to only one of the parcels,all ofthe parcels within the Site will benefit from the Privilege in the Street. 7. The City of Oshkosh Common Council on May 28,2019 through Resolution Number 19-319,approved the Site's General Development Plan and Specific Implementation Plan. Included within the aforementioned approval was the Council condition that any subsequent Privilege in the Street satisfying requirements ofthe City's Department of Public Works,along with the requirement that the Owner's improvements and use of the area within the public right-of-way subject to the Privilege in the Street must also provide substantial public benefit. A copy of Resolution Number 19-139 is attached as Exhibit A. 8. The City of Oshkosh Common Council on October 8,2019,through Resolution Number 19-543,approved the Privilege in Street benefitting Owners and their redevelopment plans. A copy of Resolution Number 19- 543 is attached as Exhibit B. 9. The Owners,jointly and severally, shall be responsible for damages to person or property by reason of the granting of the Privilege. Masters,Rogan, and Phoenix each specifically affirm that they understands the extent of its responsibilities and liabilities and accept all such legal obligations. The preceding terms are not intended to limit the obligations and liabilities described in state statute,but instead to reiterate or expand the obligations and liabilities described therein. 10. The Owners may have their own separate private agreements between themselves and with third parties relating to various interests in the property or regarding cost sharing and distribution of liabilities and obligations. The City is not bound by the terms of any such separate agreements between the Owners or between the owners and third parties. 11. The City's public right-of-way subject to the non-exclusive use by the Owners for this Privilege in the Street is identified and described in Exhibit C, attached. 12. Non-exclusive uses or improvements within the City's public right-of-way, along with proposed improvements on adjoining private property, are identified and described in Exhibit D, attached. 3 October 3, 2019 13. The City has used the public right-of-way subject to this Privilege as part of its storm water management system and for other public uses prior to granting this Privilege in the Street. The rights contained in this Privilege shall always be subordinate to the City's use. The granting of this Privilege shall not limit the City's future use of its public right-of-way. 14. The Owners may use the public right-of-way described in this Privilege in the Street Agreement for storm water drainage and retention purposes originating from the redevelopment Site,which is comprised of the parcels identified in paragraph 2,above. The City of Oshkosh through its Department of Public Works must pre-approve grading and/or installation of all structures and facilities within the public right-of-way. No unapproved construction, improvements, or installations are allowed within the public right-of-way. The City's approval of any location of any storm water drainage or retention structure,shall not act as a waiver or modification of any obligation or liability pursuant to this Agreement or any other applicable agreement or law. 15. The City may revoke this Privilege in the Street as allowed by Wis. Stat. 66.0425, or for any other lawful reason. The actions of one party may result in revocation of the Privilege as it relates to all parties. 16. The City currently uses and has municipal utilities and facilities within the Privilege area and shall retain the right to construct or install and operate any other Municipal utilities and facilities at the City's sole discretion. The City shall reasonably restore any surface it has disturbed. In no case shall the City be responsible for specific restoration undertaken by Owner. 17. The right-of-way within the Privilege in the Street also contains public utilities and facilities. This Privilege is subordinate to the use of the right-of-way by public utilities,both present and future. It shall always be the responsibility of the Owners to work with the public utilities regarding installation, repairs, and surface restoration. In no case shall the City be responsible for such restoration. 18. In addition to all other terms and conditions described herein, the following are additional terms and conditions of this Agreement: a. Masters,Rogan,and Phoenix agree that they is solely responsible for all costs,actions, claims,and liabilities related to their use of the public right-of-way.This includes both maintenance and repairs. Masters,Rogan, and Phoenix's responsibilities begin from the commencement of this project and continue until such time as the storm water drainage or retention structures in the public right-of-way are abandoned and restored,or their interest in this Privilege is assigned,whichever comes first. b. The surface of the Privilege property shall be maintained by the Owners in a manner satisfactory to the City. Maintenance includes mowing and ensuring that the drainage swale and/or channel retains its established grade,remains free of obstructions that would prevent it from draining in the manner it was designed to drain, and retains sufficient grass to minimize erosion. Owners shall not place snow or ice on the Privilege property. Owners shall not store anything on the Privilege property, including personal property, equipment, or materials. c. Masters,Rogan,and Phoenix shall assume full liability for damages to person or property by reason of the actions of its employees,agents,general contractors,subcontractors,and any other person and entity performing work relating to their private storm water drainage or storm water storage facilities within the public right-of-way. d. Masters,Rogan,and Phoenix agree to indemnify,hold harmless,and release the City from and for any claims by any person or entity asserted against the City for damage to person or property resulting from any activities covered by or undertaken through Agreement. 4 October 3, 2019 i e. Masters,Rogan,and Phoenix agree to correct and repair any damage to the City's property,both real and personal property, resulting from the Privilege in the Street and to reimburse the City for any cost or expense it may incur as a result of the Activities. I f Masters, Rogan, and Phoenix shall follow all City requirements for constructing, repairing, or backfilling,such surface disruptions,and shall provide the City with all reasonable documentation regarding the actions occurring within the right-of-way. g. The City is currently unaware of any environmental challenges that may exist upon and within the public right-of-way. Owner is responsible for resolving any environmental issue,at its expense,that they discover in the privilege property. This includes costs if investigation, notifications, and remediation. In the event any actual,anticipated,or perceived environmental issues are discovered by the Owner within the public right-of-way, the Owner agrees to notify the City as soon as practicable as well as provide the City with copies of final reports, data, summaries, and other information that is related to any environmental issues within the public right-of-way. h. In the event a storm water drainage or retention structure or facility is abandoned at some point in the future,then the storm water drainage or retention structure or facility shall be returned to its original condition or, in the case of structures, shall be removed at least thirty-six (36) inches from the surface and thereafter abandoned pursuant to all applicable rules and standards of any regulatory body including the City,whichever provides the more strict standards. i. The City's use of the public right-of-way shall always be a priority over any other use. In the event that a storm water drainage or retention structure or facility has been installed in the right-of-way and that placement adversely affects the City's future use of the right-of-way,then the parties shall enter into good faith discussions about relocation options for the storm water drainage or retention structure,. Additionally,Masters, Rogan, and Phoenix agree to afford the City the opportunity to participate and comment as part of relocation discussions between Masters,Rogan,and Phoenix,and any other entity including without limitation any public utility. j. This Agreement does not supersede or modify Masters,Rogan,and Phoenix requirement to obtain right-of-way permits to perform the activities within the right-of-way subject to this Agreement. k. Masters,Rogan,and Phoenix agree that the terms of this Agreement shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City. 19. This Privilege is subject to all terms and conditions contained in any authorizing Resolution adopted by the City of Oshkosh Common Council, which are incorporated through all Exhibits to this Agreement. By executing this Agreement and by using the Privilege,the undersigned agree to fully abide by all terms and conditions,and all State of Wisconsin requirements,whether by statute or administrative rule. The statutory requirements as of the date of this agreement include Section 66.0425, Wisconsin Statutes, but future amendments and/or renumbering shall also apply. This Privilege may be revoked for any lawful reason, including but not limited to for noncompliance with the authorizing Resolution and this Agreement. 20. This Agreement shall be governed by Wisconsin law. Venue for all dispute resolutions shall be Winnebago County, Wisconsin. SIGNATURE PAGES FOLLOW 5 October 3, 2019 MASTERS OSHKOSH,LLC By: Thomas J.Masters,Managing Member STATE OF WISCONSIN ) ) ss. WASHINGTON COUNTY ) Personally came before me this day of ,2019,the above-named Thomas J.Masters of Masters Oshkosh,LLC,to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority,for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: ROGAN STORES OSHKOSH LLC,by ROGAN SHOES,INCORPORATED,its sole member By: Patrick A.Rogan,President of Rogan Shoes, Incorporated, its sole member STATE OF WISCONSIN ) ) ss. RACINE COUNTY ) Personally came before me this day of ,2019,the above-named Patrick A.Rogan, President of Rogan Shoes, Incorporated,the sole member of Rogan Stores Oshkosh LLC to me known to be such person who executed the foregoing instrument and acknowledged the same as and for said Rogan Stores Oshkosh LLC,by his authority as President of Rogan Shoes,Incorporated. Notary Public,Racine County, Wisconsin My Commission expires: PHOENIX REALTY,LLC By: Managing Member (print name) STATE OF WISCONSIN ) ss. MILWAUKEE COUNTY ) Personally came before me this day of 2019, the above-named of Phoenix Realty, LLC, to me known to be such person who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: 6 October 3, 2019 CITY OF OSHKOSH By: And: Mark A. Rohloff,City Manager Pamela R.Ubrig, City Clerk STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this day of 2019, the above-named and of the City of Oshkosh to me known to be such person(s)who executed the foregoing document and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. Notary Public, State of Wisconsin My Commission expires: Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: 7 October 3, 2019 I' i i MAY 2812019 19-319 RESOLUTION I I (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) i PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR RESTAURANT/ INDOOR ENTERTAINMENT VENUE; 2105 SOUTH KOELLER STREET INITIATED BY: MASTERS OSHKOSH, LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for the proposed planned development of a restaurant and indoor entertainment venue at 2105 South Koeller Street, is consistent with the criteria established in Section 30-387(6) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General Development Plan and Specific Implementation Plan for the planned development of a restaurant and indoor entertainment venue at 2105 South Koeller Street, per the attached; is hereby approved with the following conditions: 1. Base standard modification for pavement setback reduction along W. 20th Avenue from the required 25' to the existing 17.75' 2. Base standard modification to allow light pole within the required front yard setback along the north property line. 3. Base standard modification to increase the maximum parking stall spaces without a landscaping island from 20 spaces to 22 spaces as indicated on the site plan. 4. Base standard modification to increase the maximum allowed parking to 830 spaces. 5. Base standard modification to allow a dumpster enclosure within the front yard as indicated on the site plan. 6. Base standard modification to allow a loading space within the front yard as indicated on the site plan. 7. Base standard modification to increase the maximum fixture mounting height from 20' to 23'. Exhibit l�r MAY 28, 2019 19-319 RESOLUTION CONT'D 8. Base standard modification to increase the maximum allowed EMC from 100 sq. ft. to 150 sq. ft. 9. Development shall be limited to three signs as outlined within the SIP request. 1-192 sq. ft. pylon sign including 150 sq. ft. EMC along Interstate 41 and two 15 sq. ft. monuments signs. There shall be no wall signage permitted. The final storm water management plan to utilize the Right of Way shall Clog l be approved by the Department of Public Works and provide substantial public benefit. Additionally, the developer must enter into an agreement with the City to allow for the installation within the Right of Way and potential need to remove the facilities should public use of said Right of Way be needed. 11. Developer shall provide a wildlife mitigation plan for the wet storm water pond for review and approval by the Department of Community Development. 12. Base standard modification to reduce the required Building Foundation landscaping requirement of 50% of the required points along the main entrance to providing 33% of the required points along the main entrance. 13. Base standard modification to reduce the required yard landscaping from 1,080 to 709 points. 14. Base standard modification to allow 14 landscaping islands (as identified on the approved landscaping plan) to use low deciduous trees instead of the code required shade or tall deciduous. 15. Final landscaping plan shall be reviewed and approved by the Department of Community Development. 16. All split face block shall be replaced with stone, stone veneer or a similar Class I material. 17. Curved corrugated metal siding and Curved corrugated rusty metal siding as outlined in the Building Facade section of the report shall be permitted in conformance with the provided and approved building exteriors. 18. Final building exteriors shall be reviewed and approved by the Department of Community Development. 19. Refuse enclosure shall be clad in the same materials as the primary structure. 20. Code compliant photometric plan shall be provided. Exhibit � ���- OCTOBER 8, 2019 19-543 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MASTERS OSHKOSH LLC, ROGANS STORES OSHKOSH, LLC AND PHOENIX REALITY, LLC FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT OF WAY; SOUTH SIDE OF THE 1800 BLOCK OF WEST 20THAVENUE INITIATED BY: MASTERS OSHKOSH LLC PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC and Phoenix Reality, LLC and their contractors, a privilege in street for placement of storm water management facilities within public right of way on the south side of the 1800 block of W. 2011,Avenue, per the attached, with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s),but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs,expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 4"MmAhibit OCTOBER 8, 2019 19-543 RESOLUTION CONT'D 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten(10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. Fxhibit "6 � bro/,- W. 20TH AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' N82'56'09"E N87'43'19"E 325.21' N27'30'05"E 97.49' 27.71' PRIVILEGE IN THE STREET S20'02'07"E EXHIBIT 25.68' �� � i' VNW CORNER N88'36'28"W SOUTH RIGHT-OF-WAY S00'49'01"W WI `V/ OF LOT 4 594.16' LINE OF W. 20TH AVENUE 44.66' P.O.B. W, �� NE CORNER ryI �Q OF LOT 4 EASTERLY RIGHT-OF-WAY CSM NO 5964 WEST RIGHT-OF-WAY I! LINE OF INTERSTATE '41" LINE OF KOELLER STREET J' LLJj 01, LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET, THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET. DATE: SEPTEMBER 17, 2019 V Always a Better Plan 190, 0 100' 200' EXCEL POND DDUU lAr-w!S4935 F�sm 1"- 100' ENGINEERING SCALE FEET SURVEYING GROUP PROJECT N0. 1863480 Exhibit C W. 20TH AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' ©_ 6�`09"E N87'43'1 "E 5.2f - N27'3 '05�E 97.49' W W W N w 27 71' u PRIVILEGE IN THE STREET S20'02'07"E _ EXHIBIT 25.68' T _ T T f g Fo nit N 8'36 28 W SOUTH RIGHT-OF-WAY SQQ•49 01 W W! 594.16' LINE F W. 20TH AVENUE 4 r Wi F—1 NW CORNER P.O.B. LLJi- �� " OF LOT 4 NE CORNER _l ST OF LOT 4 ' -JI " LOT 4 WI + CSM_NO_ EASTERLY RIGHT-OF-WAY 5964 WEST RIGHT-OF-WAY - 01 LINE OF KOE"ER STREET 1 LINE OF INTERSTATE '41" • �p I _ LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO, 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET, THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86'-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00'-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID PRIVILEGE CONTAINS 35,452 SQUARE FEET. DATE: SEPTEMBER 17, 2019 �v 0 Always a Better Plan EXCEL 100 01AAa.OT DRIVE 100' D 100' 200' FOND DU lA�VJI 54935 ENGINEERINGI� �(92MMAIM 1"= 100' SCALE FEET SURVEYING GROUP PROJECT N0. 1863480 ■ EXh e brt � ��� � ITEM: GRANT PRIVILEGE IN THE STREET—SOUTH SIDE OF THE 1800 BLOCK OF W. 20TH AVENUE FOR PLACEMENT OF STORM WATER MANAGEMENT FACILITIES WITHIN PUBLIC RIGHT-OF-WAY Plan Commission meeting of September 17,2019. GENERAL INFORMATION Applicant: Masters Oshkosh, LLC. Owner: City of Oshkosh Action Requested: Masters Oshkosh, LLC is requesting a privilege in the street for construction of storm water management facilities located within City right-of-way. Applicable Ordinance Provisions: N/A but any location of a non-city or public utility use in City right-of-way requires the issuance of a privilege-in-the-street permit. Section 66.0425 of the Wisconsin Statutes regulates the issuance of privileges in the streets. Property Location and Type/Analysis: Masters Oshkosh,LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S.Koeller Street to Interstate 41 rights-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in-the-street conditions. RECOMMENDATION/CONDITIONS Staff recommends approval of the request for the privilege-in-the-street with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s),but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits,including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten(10) days of notice. S. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. The Plan Commission approved of the privilege-in-the-street as requested with conditions. The following is the Plan Commissions discussion on this item. Site Inspections:Report:Mr.Hinz reported visiting the site. Staff report accepted as part of the record. Masters Oshkosh,LLC is requesting a privilege in the street for construction of storm water management facilities located within City right-of-way. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. Masters Oshkosh, LLC is requesting a privilege in the street to allow placement of storm water facilities related to the Mineshaft restaurant and entertainment development. The proposed facility is in the form of a dry drainage detention basin located north of the Mineshaft property from S. Koeller Street to Interstate 41 right-of-way. Site grading and minor enhancements to existing storm water structures will be part of the construction activity. Areas of the dry basin will be planted with native prairie vegetation to serve as a wildlife deterrent as part of the wildlife mitigation plan recommended by the USDA Wildlife Services and Winnebago County Airport. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City facilities. The Department of Public Item-Privilege in Street—S.Side of South 1800 Block of W.20°i Avenue Works has reviewed the request and has no concerns with the proposed project that cannot be addressed with the standard privilege-in-the-street conditions. He said staff recommends approval of the request for the privilege-in-the-street with the conditions as stated in the staff report. Mr. Fojtik opened technical questions to staff. Mr. Fojtik asked if these were standard conditions for this type of request. Mr. Nau replied correct. Mr. Lyons said this area is part of the existing storm water management plan. He said with the redevelopment,this site is going to be accommodating all of the storm water at the northwest corner for the three development parcels. He said the city just wanted to formalize and codify what had been going on out at the site and to make sure it was allowed with the appropriate conditions. Mr. Kiefer asked if there were any other utilities going in that area. Ms. Nieforth replied there are some utilities in there. She said they are working with all the different companies that do have utilities that will be writing language into the upcoming agreement and easement on the agenda. She said they are working together to accommodate everyone. Mr. Kiefer asked who was responsible for maintaining the basin. Mr. Lyons answered they would have to do an O&M(Operation and Maintenance) agreement with the city. He added some of the easement language will spell out who is maintaining what. Ms. Nieforth stated the developer will be maintaining the dry detention area that they need for their water quality. She said the reason the city is involved is because it is in the right-of-way and it takes a lot of the Stringham Creek watershed water through there. She said the city wants to ensure it is being properly maintained and that it is functioning. Mr. Fojtik asked if there were any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no public comments on this item. Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Item-Privilege in Street—S.Side of South 1800 Block of W.20'Avenue i Motion by Palmeri to adopt the findings and recommendation as stated in the staff report. Conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the storm water management facilities within the public right-of-way. The Department of Public Works shall approve the precise location(s), but the approval shall not be unreasonably denied. 3. Petitioner shall provide copies of information and materials related to the storm water management facilities within City right-of-way. 4. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street.Any problem that may arise as a result of the installation of the storm water management facilities be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 5. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the storm water management facility placement. 6. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence and$500,000 in general aggregate. 7. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so may result in the revocation of the privilege in street within ten (10) days of notice. 8. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 9. The facility is part of and documented with Digger's Hotline system. 10. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. Seconded by Hinz. Mr. Fojtik asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. Item-Privilege in Street—S.Side of South 1800 Block of W.20'Avenue ���|��| ���� |� THE �T���T ����|�|T � � PRIVILEGE n� / / /�_ ~� / /^�-�_ , �_^^/ ,��/ / �� � EXHIBIT ou LINE OF W. ZUIH AVENUE ry NW CORNER P.0.13 OF LOT 4 NE CORNER OF LOT 4 01 WEST RIGHT-OF-WAY LINE OF KOELLER STREET EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE "41" � LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT-OF-WAY, BEING A PART OF THE SOUTHWEST 1/4 � � OF THE SOUTHWEST1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTH OF SECTION 34, TOWNSHIP 18 N0RTH, RANGE 16 EAST CITY OF 0SHK0SH, YNNNEBAGO COUNTY, Y0SC0mSUN | BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: � � BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5984. RECORDED IN THE � V0NNEBAG0 COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PACE 5964 AS DOCUMENT NO. 1410410; THENCE NORTH 88'-30'-28^ WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE � SOUTH RIGHT-OF-WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.10 FEET TO THE NORTHWEST CORNER | OF SAID LOT /k THENCE NORTH 27'-30'-05^ EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27�71 FEET; THENCE NORTH 82*-56'-09^ EAST, A DISTANCE OF 97�48 FEET; THENCE NORTH 79'-29'-13^ EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 85'-04'-06^ EAST, A � DISTANCE OF 48.88 FEET; THENCE NORTH 87^-43'-19^ EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH ! 51'-10'-28^ EAST, A DISTANCE OF 22J3 FEET; THENCE SOUTH 20`-02'-07^ EAST, A DISTANCE OF 25.68 . FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00`-48'-01^ WEST ALONG SAID NORTHERLY EXTENS0N, A DISTANCE OF 44.68 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 35.452 SQUARE FEET DATE: AUGUST 28. 2019 � � Always a Better Plan ! � 100, 0 100' 200' EXCE POND DU LAr,VA 54935 1^= 100 � SCALE FEET SURVEYING GROUP PROJECT NO. 1863480 Paoe 3 PRIVILEGE IN THE STREET EXHIBIT A W__20TH_ AVENUE S51*10'28"E N79'29'13"E N86'04'06"E 22.73' 86.32' 48.86' N82'56'09"E N87'43'19"E 325.21' N27'3005"E 97.49' 27.71' PRIVILEGE IN THE STREET S20'02'07"E EXHIBIT 25.68' /• � NW CORNER N88'3628"W SOUTH RIGHT-OF-WAY SOQ'49'01"W Lu: OF LOT 4 594.16' LINE OF W. 20TH AVENUE 44.66' P.O.B. W; NE CORNER OF LOT 4 Liji EASTERLY RIGHT-OF-WAY CSM NO. 5964 WEST RIGHT-OF-WAY A LINE OF INTERSTATE "41" LINE OF KOELLER STREET J! Li l O' i LEGAL DESCRIPTION: A PRIVILEGE LOCATED WITHIN THE W. 20TH AVENUE RIGHT—OF—WAY, BEING A PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 27 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF CERTIFIED SURVEY MAP NO. 5964, RECORDED IN THE WINNEBAGO COUNTY REGISTER OF DEEDS OFFICE IN VOLUME 1 ON PAGE 5964 AS DOCUMENT NO. 1410416; THENCE NORTH 88'-36'-28" WEST ALONG THE NORTH LINE OF SAID LOT 4 (SAID LINE ALSO BEING THE SOUTH RIGHT—OF—WAY LINE OF W. 20TH AVENUE), A DISTANCE OF 594.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 27'-30'-05" EAST ALONG THE NORTHERLY EXTENSION OF A WESTERLY LINE OF SAID LOT 4, A DISTANCE OF 27.71 FEET; THENCE NORTH 82'-56'-09" EAST, A DISTANCE OF 97.49 FEET; THENCE NORTH 79'-29'-13" EAST, A DISTANCE OF 86.32 FEET; THENCE NORTH 86-04'-06" EAST, A DISTANCE OF 48.86 FEET; THENCE NORTH 87'-43'-19" EAST, A DISTANCE OF 325.21 FEET; THENCE SOUTH 51'-10'-28" EAST, A DISTANCE OF 22.73 FEET; THENCE SOUTH 20'-02'-07" EAST, A DISTANCE OF 25.68 FEET TO THE NORTHERLY EXTENSION OF AN EAST LINE OF SAID LOT 4; THENCE SOUTH 00-49'-01" WEST ALONG SAID NORTHERLY EXTENSION, A DISTANCE OF 44.66 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 35,452 SQUARE FEET. DATE: AUGUST 28, 2019 FO. Always a Better Plan ELFONDDELOT°�1DO' 0 100' 200' FOND DU UG WI 54935 ERINGIM FAX: (920))926.9801PHONE: (920) �1"= 100SCALE FEETING GROUP 1863480 Pane 4 3 z s \ c a w. y ry� o d ti ti .............................. .................... LU Qo �� .. _......... .................................... .................... } .t � F s ............... .-—_............. .................... _..... MINIM t � Zo b 1 in=0.06 mi t 1 n- i -300 ft ^A City of Oshkosh maps and data are intended to be used for general identification purposes only,and C:11 i the City of Oshkosh assumes no liability for the accuracy of the information. Those using the 0f information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:9/11/2019 Oshkoshuwv.el.oshkosh.M.usrGiSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh J:;GIS`,PlanningTIan Commission Site Ran Map TemplatelPlan Commission Site Plan:Plop Template.mxd P a Off: k SR-5 SMU-PD % HI MR-12' - U, �[ I \ 3 -1 w �' J.::::.. �....._... v SMU Fti ` \ ............................. __ i W 20 H AV I I _._._ _._. SMU-PD ...... - _................._ _....... -- ......._...._... -- T ILWIND AV HI _ I BADGER AV 5MU W/TTMAN RD 44 � y' SR-3 N 1 in=0.1 mi 1 in=550 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and Ci fy the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of information are responsible for verifying accuracy. 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