HomeMy WebLinkAbout09-422NOVEMBER 10, 2009 09 -422 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: ACCEPT EASEMENT FOR SIDEWALK PURPOSES FROM
UW- OSHKOSH ON THE SOUTH SIDE OF ROCKWELL AVENUE,
BETWEEN HIGH AVENUE & PEARL AVENUE
INITIATED BY: UW- OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby accepts an easement from UW- Oshkosh on the south side of Rockwell Avenue,
between High Avenue and Pearl Avenue for sidewalk purposes, per the attached, and
the proper City officials are authorized and directed to execute any and all documents
necessary for purposes of same.
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich .047
Director of Planning Services
DATE: November 5, 2009
RE: Accept Easement for Sidewalk Purposes from UW- Oshkosh on the South Side of
Rockwell Avenue, between High Avenue and Pearl Avenue (Plan Commission
recommends approval)
BACKGROUND /SUBJECT PROPERTY
The subject site is where the University recently began construction of a new academic building
located on the south side of High Avenue west of Rockwell Avenue. Currently, public sidewalk
is located almost entirely within public right -of -way with the exception of a segment near High
Avenue which is located on University property with no public easement. Rockwell Avenue has
a narrow right -of -way of only 40 feet. Due to the width of road surface and existing sidewalk,
no area is available for a terrace area. Additionally, there is the lack of curb and gutter, all of this
resulting in no separation from pedestrian and vehicle traffic.
ANALYSIS
The University is proposing to grant an 11.58 -foot easement to construct new sidewalk entirely
on University property to address the two concerns. The current sidewalk is located at grade
with the road surface of Rockwell Avenue, but has no terrace area. The new sidewalk will be
elevated and provide a terrace area, increasing pedestrian safety. To address flooding concerns,
the new academic building elevations are significantly higher than the existing sidewalk. By
relocating and raising the sidewalk, the University is able to maintain ADA access to the north
side of the new building. The Department of Public Works has reviewed the request and
recommends approval of the easement as requested.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved this request at its November 3, 2009 meeting.
Approved,
'1 f�
City Manager
ITEM: ACCEPT SIDEWALK EASEMENT ALONG THE SOUTHERLY SIDE OF
ROCKWELL AVENUE BETWEEN HIGH AND PEARL AVENUES
Plan Commission meeting of November 3, 2009
GENERAL INFORMATION
Petitioner /Owner: University of Wisconsin - Oshkosh
Action Requested:
The petitioner is requesting the City accept an easement for construction of public sidewalk along
the southerly side of Rockwell Avenue between High and Pearl Avenues.
Applicable Ordinance Provisions:
N /A, but any location of a public facility use on private property requires acceptance of an
easement to the City.
Property Location and Type /Analysis:
The subject site is where the University recently began construction of a new academic building
located on the south side of High Avenue, west of Rockwell Avenue. Currently, public sidewalk
is located almost entirely within public right -of -way with the exception of a segment near High
Avenue which is located on University property with no known easement.
Rockwell Avenue has a narrow right -of -way of only 40 feet. With the width of road surface and
existing sidewalk, no area is available for a terrace area. Additionally, there is the lack of curb and
gutter, all of this resulting in no separation from pedestrian and vehicle traffic.
The University is proposing to grant an 11.58 -foot easement to construct new sidewalk entirely on
University property to address two concerns:
• The current sidewalk is located at grade with the road surface of Rockwell Avenue
with no terrace area. As proposed, the new sidewalk will be elevated and provide
for a five to six foot terrace area. This will increase pedestrian safety from vehicles
utilizing Rockwell Avenue.
To address flooding concerns, the academic building elevations are significantly
higher than the elevation of the existing sidewalk. By relocating and raising the
sidewalk, the University is able to maintain ADA access to the north side of the
new building. Additionally, the University will be able to provide a five to six foot
wide grass terrace along Rockwell Avenue.
Staff feels this is a justified request. The narrowness of Rockwell Avenue makes it difficult to
provide for adequate pedestrian access to the new building. The proposed easement addresses this
safety concern as well as creating some additional green space where none is present.
The Department of Public Works has reviewed the requests and recommends approval of the
easement as requested.
RECOMMENDATION
Staff recommends approval for the City to accept the sidewalk easement as requested.
The Department of Community Development recori approval of the sidewalk easement 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 as well as the site plan for
the new academic building to be constructed on the south side of High Avenue west of Rockwell
Avenue.
Mr. Bowen questioned if the City had plans to reconstruct Rockwell Avenue.
Mr. Nau responded that there was no funding set aside in the CIP budget for next year that he is
aware of at this time.
Mr. Hinz inquired who would maintain the sidewalk as it would be located on private property.
Mr. Nau replied that sidewalk maintenance is the responsibility of the property owner.
Steve Gohde, Assistant Director of Public Works, added that the intent was for this to be a public
walk and the acceptance of the sidewalk easement enables the City to enforce that the sidewalk is
maintained as such.
Mr. Thoms questioned if there were any concerns regarding the location of utilities.
Mr. Gohde responded that the right -of -way was not being eliminated and with the additional
width, it will allow for a much improved situation when Rockwell Avenue is eventually
reconstructed.
Thomas Sonnleitner, University of Wisconsin - Oshkosh, 800 Algoma Boulevard, stated that he
urged the Plan Commission to approve the sidewalk easement as it would allow the new academic
building to be constructed according to the approved plans.
Motion by Borsuk to approve the acceptance of the sidewalk easement along the southerly
side of Rockwell Avenue between High and Pearl Avenues as requested.
Seconded by Thoms. Motion carried 7 -0.
Item - Accept Easement/Rockivell Av
0
ON THE WATER
City of Oshkosh
General Application
"PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Other Contact # or Ema
Petitioner: University of WI Oshkosh - Facilities Management - Date: 10/7/09
Petitioner's Address: 800 Algoma Blvd Cit Oshkosh State: WI Zip: 54901
Telephone #: (920 ) 424 -2006
Status of Petitioner (Please Check):
Petitioner's Signature (required):
OWNER INFORMATION
Fax: ( 920) 424 -0259
Prospective Buyer
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
PHONE: (920) 236 -5059
Date: 10/7/09
owner(s): Board of Regents of the University of WI System (Tom Sonnleitner) Date: 10/7/09
Owner(s) Address: 800 Algoma Blvd Ci Oshkosh
Telephone #: ( 920 ) 424 -3030
Fax: ( 920) 424 -2240
State: WI Zip: 54901
Other Contact # or Email: sonnleit@uwosh.edu
Ownership Status (Please Check): QIndividual QTrust ❑Partnership Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Plarytting Services Division„ for incomplete qubmissions or other administrative reasons.
Property Owner's Signature:
TYPE OF RE UEST•
Access Control Variance
✓ Easement
Privilege in Street (identify)
Other (identify)
SITE INFORMATION
Address/Location of Proposed Project: Rockwell Ave between High Ave and Pearl Ave
Proposed Project Type: Sidewalk Easement
Current Use of Property: Private Property /Green Space Zoning: R5 -PD
Land Uses Surrounding Your Site: North: Industrial
South: University
East: University
West: University /River
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please visit the City's website at www.ei.oshkosh.wi.us/ Community _Development /Planning.htm
Date: 10�J_ 4
Staff '0 Date Rec'd JUA /A
October 8, 2009
City of Oshkosh
Department of Community Development
215 Church Ave
P.O. Box 1130
Oshkosh, WI 54903
RE: Easement application for sidewalk relocation along Rockwell Ave
Oshkosh, WI 54901
To Community Development Staff
The proposed sidewalk easement is along Rockwell Ave, between High Ave and Pearl Ave. The
property is owned by the Board of Regents of the University of WI System. The property is part
of the University of WI Oshkosh campus and the future location of our new academic building.
Currently the City sidewalk is substantially within the street right -of -way. A portion near High
Ave was originally installed on University property. There is no known easement for this
portion.
As part of the design of our new academic building, the civil engineer relocated the entire
sidewalk onto university property to address the following concerns:
1) The current sidewalk is located along an asphalt strip running along the edge of Rockwell
Ave drive lanes with no curb to separate traffic from driving/parking over the walking
area (see photo). Moving the new sidewalk away from the edge of roadway will increase
pedestrian safety.
2) The first floor elevation of the new building is significantly higher than the existing
sidewalk along Rockwell Avenue (approximately 5 feet — first floor elevation was set to
ensure a building elevation above flood elevations). By replacing the sidewalk and
shifting it away from the street, we were able to maintain an ADA compliant access to
the classroom exits along the north face of the building and use the new grass terrace to
match back into the roadway.
PLANNING & CONSTR UCTION
FACILITIES MANAGEMENT
UNIVERSITY OF WISCONSIN OSHKOSH, 800 ALGOMA BLVD, OSHKOSH, WISCONSIN 54901
(920) 424 -2006, FAX (920) 424 -0259
An Equal Opportunity/Affirmative Action Institution, www.uwosh.edu
OSHKOSH
TM
The specific language of the easement document is currently being finalized between the Dept of
Public Works and the University of WI System. Steve Gohde, of the Dept of Public Works, has
indicated it is okay to proceed with the submittal while the final language is worked out. The
Planning department has requested that the easement be approved prior to final approval of the
project site plan. All other issues and concerns of the City planning staff have been addressed
and this is the final step in site plan approval. This project will start construction about Nov 1St
2009.
As you review the application and attachments, please feel free to contact me with any questions
or comments.
Sincerely,
Christine Miles
Senior Facilities Architect
University of WI Oshkosh
920 - 424 -2006
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SIDEWALK EASEMENT EXHIBIT I
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PART OF LOT 20 OF ASSESSOR'S (AXLE) PLAT, BEING PART OF THE SW 1/4 OF
SECTION 14, T.18N., R.16E., CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
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GRIEF
PROJECT NUMBER:
20072017.00
DATE:
SEPT. 29, 2009
SCALE:
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PROJECT TITLE: UNIVERSrrY OF WISCONSIN
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NEW ACADEMIC BUILDING
SHEET TITLE: SIDEWALK EASEMENT EXHIBIT
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DISCLAIMER SIDEWALK EASEMENT
This map Is neither a legally recorded map nor
a surve and it I s not intended to be used a s one. ROCKWELL AV N O, fHKOlH
data
This drawing Is a compilation of records,
and information located in various city county BETWEEN HIGH & PEARL AV ON THE WATER
and state offices and other sources affecting
the area shown and it is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department Of
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1" — 150
10/14/09
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