HomeMy WebLinkAbout10-215JULY 13, 2010
10 -215 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA
COMMUNICATIONS & ENGINEERNIG AND OSHKOSH AREA
SCHOOL DISTRICT TO INSTALL FIBER OPTIC CABLE WITHIN
RIGHT -OF -WAYS OF WEST 10TH AVENUE, NEBRASKA
STREET AND WEST 14TH AVENUE
INITIATED BY: MULTIMEDIA COMMUNICATIONS & ENGINEERING,
PETITIONER; OSHKOSH AREA SCHOOL DISTRICT, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, Oshkosh Area School District 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 the
former Coca Cola plant at 1404 South Main Street to existing cable near the intersection
of West 10th Avenue and Michigan Street, utilizing City right -of -ways on West 10th
Avenue, Nebraska Street and West 14th 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 the former Coca
Cola plant at 1404 South Main Street to existing cable near the intersection of West
10th Avenue and Michigan Street, utilizing City right -of -ways on West 10th Avenue,
Nebraska Street, and West 14th Avenue, per the attached, and upon completion of said
installation, Oshkosh Area School District 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.
JULY 13, 2010
10 -215 RESOLUTION
CONT'D
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.
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.
At
.f HKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Sirvices
DATE: July 8, 2010
RE: Approve Granting Privilege in Street to Multimedia Communications & Engineering
and Oshkosh Area School District to Install Fiber O tic Cable within the Right -of -Ways
of West 10 Avenue, Nebraska Street, and West 14 Avenue
BACKGROUND
The Oshkosh Area School District recently acquired the former Coca Cola Bottling Plant at 1404
South Main Street to be used as their new facilities management building. The petitioner is proposing
to connect this building to existing fiber optic cable near the intersection of Michigan Street and West
10 Avenue.
ANALYSIS
The fiber optic cable will be routed by a combination of two -inch duct installed by directional borings
and aerially by use of existing Wisconsin Public Service owned poles. The petitioners 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 and suggests that the cable utilize existing power poles to preserve the limited underground
right -of -way space. Any new utilities placed underground require a minimum two -foot horizontal
clearance from existing utilities and the introduction of another private utility will make it more
difficult to access City utilities therefore Public Works is suggesting that when the subject streets are
reconstructed in the future, all similar private utilities could be coordinated and placed in a single
underground conduit.
FISCAL IMPACT
None
RECOMMENDATION
The Plan Commission approved of this request at its July 6, 2010 meeting.
Approved,
City Manager
ITEM: PRIVILEGE IN THE STREET FOR INSTALLATION OF
ALONG W. 10 AVENUE, NEBRASKA STREET & W. 14 H AVENUE
Plan Commission meeting of July 6, 2010
GENERAL INFORMATION
Petitioner: Multimedia Communications and Engineering, Inc. /Oshkosh Area School District
Owner: City of Oshkosh
Action Requested:
Multimedia Communications and Engineering, Inc. and the Oshkosh Area School District are requesting a
privilege in street to install fiber optic cable in City right -of -ways connecting the former Coca Cola plant
at 1404 S. Main Street to existing cable near the intersection of W. 10 Avenue and Michigan Street.
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:
The Oshkosh Area School District recently acquired the former Coca Cola Bottling Plant at 1404 S. Main
Street to be used as their new facilities management building. The School District is proposing to connect
this building to existing fiber optic near the intersection of Michigan Street and W. 10 Avenue. The
fiber optic cable will be routed by a combination of two -inch 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. Staff discussion at the interdepartmental meeting suggested that the placement of
the cable could be placed underground. However, the Department of Public Works suggests that the cable
utilize existing power poles per the submitted plans to preserve the limited underground right -of -way
space. Any new utilities placed underground require a minimum two -foot horizontal clearance from
existing utilities. The introduction of another private utility will further tie up valuable right -of -way space
and make it more difficult to access City utilities in case of an emergency or perform regular maintenance.
The Department of Public Works suggests that when the subject streets are reconstructed in the future, all
similar private utilities could be coordinated and placed in a single large underground conduit.
RECOMMENDATION /CONDITIONS
Staff 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. Buck presented the item indicating installation is proposed to be both overhead and underground
were necessary. Referring to a map on the PowerPoint presentation, Mr. Buck noted the fiber optic cable
would generally be overhead along 10th Ave., overhead and underground along Nebraska St., and
underground to the S. Main St. site. Mr. Buck acknowledged that concern has been expressed in the past
that these types of installations should be underground but due to limited underground right -of -way space,
the Department of Public Works is recommending the cable utilize overhead and underground as
proposed. When the streets are reconstructed in the future, all private utilities can be coordinated and
placed in a single large underground conduit thereby eliminating issues with multiple utility separations
and necessity to cut into the right -of -way on numerous occasions.
Mr. Dan Becker, representing Multimedia Communications out of Green Bay, stated he didn't want to
have any issues with the Public Works Department and was concerned about the reference in the staff
report to Winnebago County; this work was being performed for the School District.
Mr. Buck stated that there is a typo in the staff report and there shouldn't be difficulty with obtaining the
necessary permits from the City once the item is approved by Council.
Motion by Thoms to move approval of the privilege in street 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.
Item -Priv in S1- W10th1Nebraska1W14th
2
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.
Seconded by Borsuk. Motion carried 7 -0
Item -Priv in St- W10th1Nebraska/W14th
-.5
0
O.II4<CYH
ON THE WATER
APPLICANT INFORMATION
City of Oshkosh
General Application
* *PLEASE TYPE OR PRINT USING BLACK INK **
Other Contact # or Email: dbecker @mcae.biz
Petitioner: Multimedia Communications and Engineering, Inc. Date: 06-07-2010
Petitioner's Address: PO BOX 11064
Telephone #: (920 ) 676 -3496
Fax: ( 920) 469 -9770
Status of Petitioner (Please Check): ❑Owner ✓❑Representative ❑Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
owner(s): Oshkosh Area School District
Owner(s) Address: 215 South Eagle Street Ci Oshkosh
Telephone #: ( 920 ) 424 -0207
F ax: ( 920) 424 -0466
SUBNHT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, WI 54901
PHONE: (920) 236 -5059
Date: 06 -07 -2010
Date: 06 -07 -2010
State: WI zip: 54903
Other Contact # or Email: Randal .Johnston @oshkosh.kt2.wi.us
Ownership Status (Please Check): ❑Individual ❑Trust ❑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 Planning Services Ijivilion for incomplete submissions or other administrative reasons.
Property Owner's Signature:
TYPE OF RE UEST:
I Access Control Variance
Easement
✓ Privilege in Street (identify)
Other (identify)
SITE INFORMATION
Fiber Optic Cable Placem within City Right of Way
Date: & - Q-
Address/Location of Proposed Project: 10th Avenue, Nebraska Street, and 14th Avenue
Proposed Project Type: Fiber Optic Network Installation
Current Use of Property:
Land Uses Surrounding Your Site: North:
South:
East:
West:
Zoning:
➢ 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
l
Staff Date Recd
City: Green Bay St WI zip 54307
3-4
Multimedia Communications & :Engineering, Inc.
PO Box 19064 Green Bay, WI 54307 -9064 ph (920) 676 -0494
Placing technology at your finger
June 7 1 2010
TO: City of Oshkosh Planning Services Division
FROM: Multimedia Communications & Engineering, Inc. on behalf of The Oshkosh Area School District.
RE: Privilege in the Right Of Way Narrative
Oshkosh Area School District (District) has recently purchased a property located at the Intersection of
Main St and 14` Ave. The District intends on connecting this building to their existing Fiber Optic Cable
Network 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:OOPM 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 schedule for moving in to this facility it is expected that the work will be completed before
August 1st of this year.
Any questions regarding this proposed project can be directed to the District's hired engineering firm
Multimedia Communications & Engineering Contact Person Dan Becker 920 - 676 -3496 or
dbecker @mcae.biz.
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DISCLAIMER FIBER OPTIC CABLE ROUTE O
This map is neither a legally recorded map nor W 10TH AV /NEBRASKA ST/ N
a survey and it is not Intended to be used as one. l� f HKOf H
This drawing Is a compilation of records, data
and information located In various city, county W 1 4TH AV oN TME w•ro,
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 'r _ 1 000'
06/21/10
Created by - dff
7
DISCLAIMER
This map is neither a legalty recorded map nor
a survey and it is not intended to be used as o.
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,
it discrep*ncios are found, please contact the
City of Oshkosh.
Created by - dff
FIBER OPTIC CABLE ROUTE
W 10TH AWNEBRASKA STI
W 14TH AV
Scale: 1 " = 500'
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City of Oshkosh
Department of
A Community Development
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