HomeMy WebLinkAbout11-39FEBRUARY 8, 2011 11 -39 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PRIVILEGE IN STREET TO UW- OSHKOSH TO
ALLOW EXISTING PARKING LOT TO CONTINUE WITHIN THE
RIGHT -OF -WAY OF PEARL AVENUE, BETWEEN OSCEOLA
STREET AND WISCONSIN STREET
INITIATED BY: UW- OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, UW- Oshkosh requests the Common Council to grant a privilege in
street to allow an existing parking lot to continue within the right -of -way of Pearl Avenue,
between Osceola Street and Wisconsin Street, 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 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 UW-
Oshkosh a privilege in street to allow an existing parking lot to continue within the right -
of -way of Pearl Avenue, per the attached, with the following conditions:
1) Any problem which may arise as a result of the privilege in street be the
responsibility of UW- Oshkosh to correct in coordination with the City.
2) The parking facilities shall be modified or removed immediately upon the request
of the City.
3) 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.
4) 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 upon 10 days
notice.
5) The petitioner /owner execute a hold harmless agreement with the City.
OY HK01H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich �
Director of Planning Services
DATE: February 3, 2011
RE: Approve Privilege in Street to UW- Oshkosh to Allow Existing Parking Lot within the
Right -of -Way of Pearl Avenue, Between Osceola Street and Wisconsin Street (Plan
Commission Recommends Approval)
BACKGROUND
As part of its Campus Master Plan, the University has identified Pearl Avenue as the primary north -
south route through campus. The City's Comprehensive Plan included the University's Master Plan
because of the broader land use and transportation implications that require City approval such as
street dedications /vacations /reconstruction, zone changes, site plan approvals, etc. An approved
Master Plan allows the community to anticipate and prepare for planned changes at the University and
allows the University to move forward with implementing its plans with the assumption that there will
be some receptivity by the City due to its inclusion in the City's Comprehensive Plan.
ANALYSIS
The University is offering to dedicate private property located on the south side of the 600 block of
Pearl Avenue for local /municipal right -of -way /street use with the purpose of providing additional area
of right -of -way to facilitate future reconstruction/redesign of Pearl Avenue to a four lane divided
boulevard. The area is approximately 14,600 square feet and is tapered to line up with existing right -
of -way. The Department of Public Works has identified this area as needed to have a consistent 105
foot wide right -of -way necessary to construct the potential boulevard in the future. In conjunction with
and dependent on the right -of -way dedication, a privilege in the street is being requested to allow the
existing University parking facility to continue to be located within the newly dedicated right -of -way
until such a time that the City is ready to construct the roadway or the parking lot is in need of
reconstruction.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its February 1, 2011 meeting.
Approved,
City Manager
ITEM: A. RIGHT -OF -WAY DEDICATION ON THE SOUTH SIDE OF THE 600
BLOCK PEARL AVENUE BETWEEN OSCEOLA STREET AND
WISCONSIN STREET
B. PRIVILEGE IN THE STREET TO ALLOW THE EXISTING PARKING
FACILITY TO BE OPERATED WITHIN THE RIGHT -OF -WAY
Plan Commission meeting of February 1, 2011
GENERAL INFORMATION
Applicant /Owner: University of Wisconsin Board of Regents (UW- Oshkosh)
Action(s) Requested:
The University of Wisconsin Oshkosh (UWO) is making two requests in order to provide
sufficient right -of -way area for the creation of Pearl Avenue as a future by -pass. The first action is
to dedicate property located on the south side of the 600 block Pearl Avenue for right -of -way use.
The second action is a request to allow the existing parking facility to continue to be located within
the newly dedicated 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 street permit.
Background Information:
As part of its Campus Master Plan, the University has identified Pearl Avenue as the primary
north -south route through campus. The City's Comprehensive Plan included the University's
Master Plan map. According to the Comprehensive Plan (Transportation Element, page 88):
"The UWO Campus Master Plan, originally prepared in 1998 and updated in 2003, outlines the
future plans of the campus. Given UWO's location to the west of the Central City, the size of
the campus, and it being one of the larger non- manufacturing employers in the city, the campus
master plan plays a major role in the City's planning efforts and should strive to be consistent
as possible with each other.
The Campus Master Plan includes two main sections: a Long -Range Master Plan and a Phase I
Master Plan. The key component of the Long -Range Plan is the rerouting of Algoma
Boulevard and High Avenue around the west side of the campus via a Pearl Avenue extended
boulevard. The goal of this rerouting plan is to make the campus more pedestrian- friendly by
shifting the traffic away from the central portion of the campus. The Phase I plan includes
short-term recommendations for accomplishing the long -range plans."
The University's Master Plan was included in the City's Comprehensive Plan because of the
broader land use and transportation implications that require City approval such as street
dedications, street vacations, street reconstruction, zone changes, site plan approvals, etc. The
benefit of having an approved Campus Master Plan allows the community to anticipate and
prepare for planned changes at the University. Conversely it allows the University to move
forward with implementing its plans with the assumption that there will be some receptivity by the
City due to it's inclusion in the City's Comprehensive Plan.
ANALYSIS
A. Dedication of Street Right -of -Way. The University of Wisconsin Oshkosh is offering to
dedicate private property located on the south side of the 600 block Pearl Avenue for
local /municipal right -of -way /street use. The purpose for the street dedication is to provide
additional area of right -of -way to facilitate future reconstruction/redesign of Pearl Avenue to a
four lane divided boulevard, as indicated in the UWO Campus Master Plan and the City of
Oshkosh Comprehensive Plan.
The area included in the dedication is approximately 14,600 square feet (45 feet wide at Osceola
tapering to line up with existing right -of -way approximately 430 feet west). It was identified by
the City's Department of Public Works as area needed to have a consistent 105 foot wide right -of-
way through the block which is necessary to construct a potential four lane divided boulevard in
the future.
B. Privilege in the Right -of -Way. In conjunction with and dependent on the right -of -way
dedication, a privilege in the street is being requested to allow the existing University parking
facility to continue to be located within the newly dedicated right -of -way until such time that the
City is ready to construct the roadway or until such time that the parking lot is in need of
reconstruction.
RECOMMENDATION /CONDITIONS
A. Right -of -Way Dedication. Staff recommends approval of the right -of -way dedication as
requested
B. Privilege in the Right -of -Way. Staff recommends approval of a privilege in the right -of -way
to allow the existing parking facility improvements within the street right -of -way with the
following conditions:
1) Any problem that may arise as a result from the privilege be the responsibility of the
petitioner /owner to correct in coordination with the City.
2) The parking facilities shall be modified or removed immediately upon the request of the
City.
3) 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.
4) 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.
5) The petitioner /owner execute a hold harmless agreement with the City.
The Plan Commission approved of the right -of -way dedication and the privilege in the right -of-
way as requested with conditions noted. The following is the Plan Commission's discussion on
this item.
ITEM— 600 Block Pearl Street Ded & PrivInROW
Mr. Buck presented the item and reviewed the site and surrounding area. He also explained the
reasoning for the dedication and privilege in street request and reviewed the subject site area.
Mr. Thorns questioned why we are considering this action at this time.
Mr. Burich responded that the requests were integrated into a land disposition to the University
and the City desires to get the matter resolved in advance of said disposition. He referred to the
University's Master Plan which depicts Pearl Avenue as a four -lane boulevard and stated that
addressing this issue now would alleviate bringing the item to the Plan Commission and Common
Council at a later date for approval.
Mr. Thorns then inquired if the University would continue to maintain the dedicated area as long
as the parking lot continues to exist on the site.
Mr. Burich responded affirmatively.
Motion by Vajgrt to approve the right -of -way dedication and the privilege in the street on
the south side of the 600 block of Pearl Avenue between Osceola Street and Wisconsin
Street with the following conditions to be applied to the privilege in the street:
1) Any problem that may arise as a result from the privilege be the responsibility of the
petitioner /owner to correct in coordination with the City.
2) The parking facilities shall be modified or removed immediately upon the request of the
City.
3) 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.
4) 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.
5) The petitioner /owner execute a hold harmless agreement with the City.
Seconded by Borsuk. Motion carried 9 -0.
ITEM— 600 Block Pearl Street Ded & PrivInROW
(0 City of Oshkosh SUBMIT TO:
Dept of Community Development
Q/� IK�JIH General Application 215 Church Ave., P.O. Box 1130
ON THE WATER Oshkosh, WI 54901
PHONE: (920) 236 -5059
* *PLEASE TYPE OR PRINT USING BLACK INK•*
APPLICANT INFORMATION
Petitioner: University of Wisconsin Board of Regents (UW Oshkosh /JoAnn Rife) Date: Jan 17, 2011
Petitioner's Address: 800 Algoma Boulevard City: Oshkosh - State: WI Zip: 54901
Telephone #: (920 ) 424 -2438 Fax: ( 920) 424 -0259 Other Contact # or Email: rife @uwosh.edu
Status of Petitioner (Please Check): Downer ✓[]Representative [3renant [] Prospective Buyer
Petitioner's Signature (required): Date: �1Z11�
OWNER INTFORMATION
Owner(s): University of Wisconsin Board of Regents (UW Oshkosh/Thomas G Sonnieitner) Date: Jan 17, 2011
owner(s) Address: 800 Algoma Boulevard City: Oshkosh
Telephone #: ( 920 ) 424 -3030
Fax: ( 920 ) 424 -2240
State: Wl Zip: 54901
other Contact # or Email: sonnleit @uwosh.edu
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 Plan 'ng Services Division or incomplete submissions or other administrative reasons.
Property Owner's Signature:
Date:
TYPE OF RE UEST:
Access Control Variance
Easement
✓ Privilege in Street (identify) Allow existing parking lot use in future right-of-way.
✓ Other (identify) Dedication of Hgh-of-way south side of Pearl Aveneu between Osceola Street and Wisconsin Street.
SITE INFORMATION
Address/Location of Proposed Project: 600 Block Pearl Avenue (south side)
Proposed Project Type: Creation of Pedestrain Mall between UWO Residence Halls and the central campus.
Current Use of Proper Part of UW Oshkosh parking lot Zoning: R -5 PD
P rtY�
Land Uses Surrounding Your Site: North: UW Oshkosh River Cente
South: Vacant land and Carl Steiger Park
East: UWO parking lot
West: UW Oshkosh Wellness Center
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 wtivA•.ci.oshkosh.wi.us/ Community _Development'Planning.htm
staff Date Rec'd
3A
OSHKOSH
January 17, 2011
City of Oshkosh
Attn.: Planning Department
315 Church Street
Oshkosh, WI 54901
RE: Right -of -Way Dedication and Privilege in Right -of -Way — 600 Block of Pearl Avenue
(south side)
Planning Department;
The University of Wisconsin Oshkosh (UWO) under authority of the University of Wisconsin
System Board Of Regents requests that the City of Oshkosh accept a Street Dedication and a
Privilege in the Street for property located on the south side of Pearl Avenue between Osceola
Street and Wisconsin Street.
Right -of -Way Dedication
UWO offers right -of -way dedication of approximately 14,600 square feet of private property
located on the south side of the 600 block Pearl Avenue for local/municipal right -of -way /street
use (see attached drawing). The purpose for the street dedication is to provide additional area of
right -of -way to facilitate future reconstruction/redesign of Pearl Avenue, as dictated by the UWO
Campus Master Plan and the City of Oshkosh Comprehensive Plan. The property is being
offered for dedication at this time to assist in the facilitation of the sale of the former Deltox
property as well as allowing plans for the future UWO Alumni Welcome and Conference Center
to be developed.
Privilege in the Right -of -Way
In conjunction with and dependent on the right -of -way dedication, a privilege in the street is
being requested to allow the existing University parking facility to continue to be located within
the newly dedicated right -of -way until such time that the Welcome Center is under construction
and the parking area is redeveloped. Or such a time as Pearl Avenue is reconstructed.
Sincerely,
JoAnn L. Rife
Planning Director
PLANNING & CONSTRUCTION
FACILITIES MANAGEMENT
UNIVERSITY OF WISCONSIN OSHKOSH, 650 WMEL AVENUE, OSHKOSH, WISCONSIN 54902
(920) 424 -2006, FAX (910) 414 -0259 4
An Equal Opportunity/Affirmative Action Institution, www.uwosh.edu
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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, please contact the
City of Oshkosh.
RIGHT —OF —WAY DEDICATION N OIHKOlH
SOUTH SIDE PEARL AV A aNTMEW.T"'
City of Oshkosh
Department of
Community Development
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