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HomeMy WebLinkAbout10-86MARCH 23, 2010 10 -86 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) AS AMENDED PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERNIG INC TO INSTALL FIBER OPTIC CABLE AT VARIOUS LOCATIONS ON BEHALF OF WINNEBAGO COUNTY BETWEEN 220 WASHINGTON AVENUE AND 112 OTTER AVENUE INITIATED BY: MULTIMEDIA COMMUNICATIONS & ENGINEERING, PETITIONER; WINNEBAGO COUNTY, OWNER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, Winnebago County requests the Common Council grant a privilege in street to Multimedia Communications & Engineering Inc., general contractor and other subcontractors as may be required to install fiber optic cable to connect Winnebago County offices at 220 Washington Avenue and 112 Otter Avenue, per the attached; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right -of -way; and WHEREAS, the Plan Commission 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 Multimedia Communications & Engineering Inc., general contractor and other subcontractors as may be required to install fiber optic cable to connect Winnebago County offices at 220 Washington Avenue and 112 Otter Avenue, per the attached, and upon completion of said installation, Winnebago County will assume liability for said cable within the right -of -ways, contingent upon the following: 1) The fiber optic system be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the fiber optic system be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem which may arise as a result of the placement of the fiber optic system be the responsibility of the contractors and owner to correct in coordination with the Department of Public Works. MARCH 23, 2010 10 -86 RESOLUTION CONT'D .4) All appropriate permits be obtained prior to the start of placement of the fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. 6) The fiber optic system be part of and documented with Digger's Hotline system. 7) The petitioner, contractors and owner of the fiber optic system secure and submit to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 8) It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. 9) The petitioner, contractors and owner of the fiber optic system execute hold harmless agreements with the City. 10) The d u tal route he in en tire en +in cable rou c/endernrei�nnl LTI""�V,TR�GZTRTGTVLf�iT installed & Italics Indicates Revision O.fHK .fH ON THE WATER TO: Honorable Mayo and Members of the Common Council FROM: Darryn Burichati Director of Planning S6rvices DATE: March 18, 2010 RE: Approve Granting Privilege in Street to Multimedia Communications & Engineering, Inc. to Install Fiber Optic Cable at Various Locations on Behalf of Winnebago County Between 220 Washington Avenue and 112 Otter Avenue (Plan Commission Recommends Approval) BACKGROUND Multimedia Communications and Engineering, Inc. /Winnebago County Information Systems Department are requesting to install fiber optic cable in city right -of -way connecting Winnebago County's Health & Human Services Building located at 220 Washington Avenue to the former Oshkosh B'Gosh Building, 112 Otter Avenue. ANALYSIS Winnebago County recently acquired the former Oshkosh B'Gosh Building on Otter Avenue. The county is proposing to connect this building to the Health and Human Services building on Washington Avenue via fiber optic cable. The fiber optic cable will be routed by a combination of 2" duct installed by directional borings, and aerially by use of existing Wisconsin Public Service owned poles. The petitioner coordinated their design with the Department of Public Works to ensure no conflicts with city utilities. The Department of Public Works has reviewed the request and has no concerns with the proposed installation. Plan Commission recommended approval with the condition that the entire route be installed underground to be consistent with Comprehensive Plan recommendations regarding undergrounding of utilities. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its March 16, 2010 meeting. App / roved, City Manager ITEM: PRIVILEGE IN THE STREET FOR INSTALLATION OF FIBER OPTIC CABLE ALONG WASHINGTON AVENUE, COURT STREET AND OTTER AVENUE Plan Commission meeting of March 16, 2010 GENERAL INFORMATION Petitioner: Multimedia Communications and Engineering, Inc. /Winnebago County Information Systems Department Owner: City of Oshkosh Action Requested: Multimedia Communications and Engineering, Inc. /Winnebago County Information Systems Department are requesting to install fiber optic cable in city right -of -way connecting Winnebago County's Health & Services Building located at 220 Washington Avenue to the former Oshkosh B'Gosh Building, 112 Otter Avenue. Applicable Comprehensive Plan and Subdivision Regulations 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 street permit. Property Location and Type /Analysis: Winnebago County recently acquired the former Oshkosh B'Gosh Building on Otter Avenue. The county is proposing to connect this building to the Health and Human Services building on Washington Avenue via fiber optic cable. The fiber optic cable will be routed by a combination of 2" duct installed by directional borings, and aerially by use of existing Wisconsin Public Service owned poles (see attached plans). The petitioner coordinated their design with the Department of Public Works to ensure no conflicts with city utilities. The Department of Public Works has reviewed the request and has no concerns with the proposed installation. Winnebago County is a registered member with Diggers Hotline and will be responsible for locating and marking the cables when requested. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the privilege in the street request with the following conditions: 1) The fiber optic system be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the fiber optic system be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of the placement of the fiber optic system be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. 6) The petitioner /owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person 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 will result in the revocation of the privilege in street within ten (10) days of notice. 8) The petitioner /owner execute a hold harmless agreement with the City. 9) The facility be part of and documented with Digger's Hotline system. The Plan Commission approved of the privilege in the street as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site for the fiber optic cable route. He stated that the petitioner coordinated their design with the Department of Public Works to ensure that there would be no conflicts with city utilities. The installation is proposed to be routed by a combination of both underground ducts and aerially by use of existing Wisconsin Public Service owned poles. Mr. McHugh questioned if undergrounding of other utilities could be incorporated when the ductwork is installed for the fiber optic cable system. Mr. Nau responded that there would be no trench work done with this installation so the inclusion of undergrounding other utilities would not be possible at this time. Mr. Thorns inquired what the purpose was to have both underground and aerial installation. Dan Becker, Multimedia Communications & Engineering, Inc., 1115 Mt. Mary Drive, Green Bay, stated that the route was including both methods of installation for budgetary reasons. Aerial routes were not possible at some points and underground installation is more costly. Mr. McHugh asked what the City would have to do to require all such installations to be undergrounded rather than installed aerially. Mr. Burich responded that it would necessitate a change to the City's municipal code. Mr. Bowen agreed with Mr. McHugh that the utilities should be required to be installed underground as that is clearly a directive of the Comprehensive Plan. He stated that he would not be supportive of this request if installed aerially. Mr. Thoms concurred but noted that to deny the request based on the Comprehensive Plan would be contrary to the current City ordinance requirements and he was not sure if that would be legal. Item -Priv in St- Washington/Court /Otter Mr. Burich commented that he was not certain about the legality issue regarding the installation of utilities in City right -of -way and suggested that Plan Commission recommend an additional condition to require underground installation rather than denying the request entirely. Mr. Bowen questioned if there would be any issues with installing the specified route underground. Mr. Burich responded that it would require further review of the request as it was more of a design issue. Mr. Borsuk commented that the larger issue was if the installation was consistent with the Comprehensive Plan and that he would be supportive of an amendment to add a condition to the request that the entire route be installed underground. Mr. McHugh stated that a revision to the ordinance should be considered to prevent future aerial installations of any type of utilities. Mr. Thoms commented that the Plan Commission should recommend what is in the Comprehensive Plan and let the Common Council make the final decision. Motion by Borsuk to add a condition that the entire fiber optic cable route be installed underground. Seconded by Bowen. Motion carried 9 -0. Mr. Nollenberger questioned if the new installation was to be undergrounded, could the existing wires in the area be placed underground at the same time. Mr. Burich responded that it would not be possible to require company's with existing wires to place them underground as well as they are not requesting any approval from the city at this time. Motion by Thoms to approve the privilege in the street for installation of fiber optic cable along Washington Avenue, Court Street, and Otter Avenue as requested with the following conditions: 1) The fiber optic system be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the fiber optic system be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of the placement of the fiber optic system be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the fiber optic system. 5) The fiber optic system be modified or removed immediately upon the request of the City. 6) The petitioner /owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200, 000 per person and $500, 000 in general aggregate. Item -Priv in St- WashingtonlCourt /Otter t7G 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 will result in the revocation of the privilege in street within ten (10) days of notice. 8) The petitioner /owner execute a hold harmless agreement with the City. 9) The facility be part of and documented with Digger's Hotline system. 10) The entire optic cable route be installed underground. Seconded by Vajgrt. Motion carried 9 -0. Item -Priv in St- Washington/Court /Otter 3 City of Oshkosh SUBWT TO: ( 0 Dept. of Community Development OJIIH General Application 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 ON THE WATER PHONE: (920) 236 - 5059 * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner Multimedia Communications & Engineering, Inc. Dat e: 2/1812010 Petitioner's Address: PO 80X 11064 Telephone #: (920 ) 676 -3496 City: Green Bay State: Wl zip: 54307 Fax: ( 920) 469 -9770 Other Contact # or Email: dbecker @mcae.biz Status of Petitioner (Please Check): []Owner DlkenRpentative enant rospective Buyer Petitioner's Signature (required): Date: 2�! q� 0 /d _OWNER INFORMATION Owner(s) Winnebago County Information Systems Department Date. 2118/2010 Owner(s) Address: 415 Jackson Street Telephone #: ( 920 ) 236 -4708 Fax: ( 920 ) 236 - 1078 s tate: wi zip: 54901 Other Contact # or Email: pfrancour @co.v0nnebago. Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership ❑Corporation Property Owner Consent: (required) that City officials and/or employees may, in the performance of their functions, enter upon the By signature hereon, I/We acknowledge 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 Planning. Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: ~y ititlGti t� �� Date: 2-- a n TYPE OF RE QUEST: Access Control Variance Easement ✓ Privilege in Street (identify) r1 1 D pri a Other (identify) SITE INFORMATION Address/Location of Proposers Project: f $�V4 -TOM 146 a T T C7 TTE�P 14 �F . Proposed Project Type: / 3 CR b /<1 J. —111,/ � Current Use of Property: Zoning: Land Uses Surrounding Your Site: North: South: East: West: ➢ 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.ci.oshkosh.wi.us/ Community _Development /Planning.htm Staff b Date Recd City: Oshkosh 3-J Multimedia Communications & Engineering, Inc. PO Box 11064 Green Bay, WI 54307 -1064 ph (920) 676-0494 Placing technology at y our fingertips February 18th, 2010 TO: City of Oshkosh Planning Services Division FROM: Multimedia Communications & Engineering, Inc. Winnebago County Information Systems Dept. RE: Privilege in the Right Of Way Narrative Winnebago County Information Systems Department (County) has recently purchased a property located at 112 Otter Street, former home to OshkoshB'gosh. The County intends on connecting this building to their existing Health and Human Services site located at 220 Washington Ave. via a fiber optic cable inside a 2" HDPE duct placed within the City of Oshkosh Right of Way as well as on WPS owner poles (cable only). Please see the attached map for route details. All planned routes have been shared with the City Department of Public Works. The final route has taken into consideration any input from the Department regarding existing utilities, planned activities in the area, and future adjustments to streets, sidewalks, and other City Owned utilities. The construction method used to place the underground duct and fiber optic cable within the City's Right of Way will be Directional Bore. This method creates minimal noise and vibration levels that do not exceed the limits established in the municipal code. The benefit to the Directional Bore method is that it minimizes the amount of surface excavation necessary for installation. Operation of this equipment would be limited to normal working hours of 7:00 AM to 5:00PM and will take into consideration any hours of work restrictions placed by the City. At no time would the construction activities extend outside the boundaries of the City ROW or County -owned properties. Given the County's schedule for moving in to this facility and the timeframe for construction it is expected that the work will be completed before June 1st of this year. Once construction is completed and restoration has finished there will be no evidence of the work having taken place with the exception of newly placed sidewalk panels in front of 112 Otter Street. Any questions regarding this proposed project can be directed to the County's hired engineering firm Multimedia Communications & Engineering Contact Person Dan Becker 920 - 676 -3496 or 4 LLA- 71 u� x = eriF EU ff"Y" 7 5" Dao�o a� o 0 I i RI i I O Wr c y .V d f 6 NMI Z QJ hD U N. g Q a a\i ai m 9 0 I i RI i I O Wr c y .V d O as U X D 4 rl NMI U UJ , I a g � 0 LL I � 4 c e n O Wr c y .V d O as U X D 4 $� 0- ay U UJ , hD U N. 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The City of Oshkosh is not re- sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff PRIVILEGE IN STREET WASH INGTONIWAUGOOI OTTER & COURT ST Scale: 1" = 200' 0 N Of HK -f H o« n+e w�TSa City of Oshkosh Department of Community Development 02/24/10 Of r fir: e 0 'i A 4 wit ■111 � =� © f i1■ :I flf>r, 1 � '� 1 i 1 All MmL.1� UNI. 1 �Tir Ipw r_) `� ■ u Lai ., 111 •111111, Am Ar IS IIII�L� 1111111 I,' s11s'T f1 P p MOP - ka AL M�X AIMP DISCLAIMER This map Is neither a legally recorded map nor a survey and it Is not Intended to be used as one. This drawing is a compilation of records, data and Information located In various city, county and state offices and other sources affecting the area shown and It Is to be used for reference purposes only. The City of Oshkosh Is not re- sponsible for any Inaccuracies herein contained. If discrepancies are found, plans* contact the City of Oshkosh. PRIVILEGE IN STREET WASH I NGTON/WAUGOO/ OTTER & COURT ST Scale: 1" = 200' (0., N Of HK lH ON THE WATER City of Oshkosh Department of Community Development 02/24110 Created by - dff