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HomeMy WebLinkAbout11-221MAY 24, 2011 11 -221 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MULTIMEDIA COMMUNICATIONS & ENGINEERING AND FOX VALLEY METROLOGY TO INSTALL FIBER OPTIC CABLE IN MEDALIST DRIVE BETWEEN 3125 MEDALIST DRIVE & 495 WAUKAU AVENUE INITIATED BY: MULTIMEDIA COMMUNCATIONS & ENGINEERING, PETITIONER FOX VALLEY METROLOGY, PETITIONER /OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, Multimedia Communications & Engineering, petitioner, and Fox Valley Metrology, petitioner /owner, requests the Common Council grant a privilege in street to Multimedia Communications & Engineering, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way of Medalist Drive, between 3125 Medalist Drive and 495 Waukau Avenue; 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, general contractor and other subcontractors as may be required to install fiber optic cable within the right -of -way of Medalist Drive, between 3125 Medalist Drive and 495 Waukau Avenue, per the attached, and upon completion of said installation, Fox Valley Metrology will assume liability for said fiber optic cable within the right -of -way, contingent upon the following: 1) The fiber optic cable 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 cable be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. MAY 24, 2011 11 -221 RESOLUTION CONT'D 3) 4) 5) 6) 7) 8) 9) 10) Any problem which may arise as a result of the placement of the fiber optic cable be the responsibility of the contractors and owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of placement of the fiber optic cable The fiber optic cable be modified or removed immediately upon the request of the City. The fiber optic cable be part of and documented with Digger's Hotline system. The petitioner, contractors and owner of the fiber optic cable 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. 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. The petitioner, contractors and owner of the fiber optic system execute hold harmless agreements with the City. Placement of the fiber optic cable shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 0 1HK 1H ON THE WATEN TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric� Director of Planning Services DATE: May 19, 2011 RE: Approve Granting Privilege in the Street to Fox Valley Metrology to Install Fiber Optic Cable in Medalist Drive Between 3125 Medalist Drive and 495 Waukau Avenue (Plan Commission recommends approval) BACKGROUND Fox Valley Metrology, an industrial facility for measurement science and equipment calibration, occupies the property at 3125 Medalist Drive and recently purchased the building at 495 W. Waukau Avenue for business expansion. ANAL NSIS The petitioner is proposing to install a fiber optic cable network between the two buildings crossing Medalist Drive via directional bore. Staff has no concerns other than those regulated by the Department of Public Works who has reviewed and recommended approval of the privilege request providing the final design is coordinated and approved by their department to avoid conflicts with existing underground utilities. The approval of the privilege in street would include the standard conditions placed on these types of requests. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 17, 2011 meeting. Approved, City Manager ITEM: GRANT PRIVILEGE IN THE STREET AT 3125 MEDALIST DRIVE Plan Commission meeting of May 17, 2011 GENERAL INFORMATION Petitioner: Multimedia Communications and Engineering, Inc. Owner: City of Oshkosh Action Requested: Multimedia Communications and Engineering requests a privilege in the street permit to install a fiber optic cable across Medalist Drive to connect to their building at 495 W. Waukau Avenue. Applicable Ordinance Provisions: N/A Property Location and Type: Fox Valley Metrology, an industrial facility for measurement science and equipment calibration occupies the subject property. The owners recently purchased the building at 495 W. Waukau Avenue and propose to construct a fiber optic network between the two buildings. ANALYSIS Fox Valley Metrology located at 3125 Medalist Drive recently acquired the property at 495 W. Waukau Avenue for business expansion. The petitioner is proposing to construct a fiber optic network between the two buildings via directional bore. Staff has no concerns other than those regulated by the Department of Public Works. The Department of Public Works has reviewed and recommends approval of the privilege request, however, they are requesting the final design be coordinated and approved by the Public Works office to avoid conflicts with existing underground utilities. RECOMMENDATION /CONDITIONS Staff recommends approval of the privilege in street request subject to the following conditions: 1. Placement of the fiber optic cable shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The fiber optic cable is installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 3. If no longer needed, the fiber optic cable be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 4. Any problem that may arise as a result of placement of the fiber optic cable be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 5. All appropriate permits be obtained prior to the start of placement of the fiber optic cable. 6. The fiber optic cable be modified or removed immediately upon request of the City. 7. 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. 8. 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 the right -of -way permit within ten (10) days of notice. 9. The petitioner /owner execute a hold harmless agreement with the City. 10. 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 and reviewed the subject site and the site plan. He explained that the Department of Public Works has no concerns with the proposed privilege in street request and recommends approval with the final design being coordinated and approved by their department to avoid conflicts with existing underground utilities. Mr. Bowen arrived at 4:05 pm. Mr. McHugh stated that other various utilities are using all the space in the right -of -way for installation of their facilities and questioned if we are precluding the ability to install city utilities in these areas and voiced his concern with the City having to purchase additional right -of -way to install facilities. Mr. Buck responded that those issues are regulated by the Department of Public Works and the Plan Commission's duty was to review the request on a basis of land use, consistency with the Comprehensive Plan, and good planning practices. Steve Gohde, Assistant Director of Public Works, added that this installation of fiber optic cable required approval from Plan Commission and the Common Council as it is a private network installation. Companies such as Time Warner Cable or AT &T are not required to go through this process as the City is mandated to allow them to place their utilities in the right -of -way. He further commented that private lines can be required to relocate their facilities if they are in an area that is necessary for City utility installation. The City can negotiate to pay to relocate facilities or the utility company involved will absorb the costs to do so if deemed necessary in the future. Motion by Thoms to approve the privilege in street at 3125 Medalist Drive as requested with the following conditions: 1. Placement of the fiber optic cable shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The fiber optic cable is installed in a manner that is approved by the Department of Public Works with no modification or changes in construction procedure without prior approval by the Department of Public Works. 3. If no longer needed, the fiber optic cable be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. Item -Priv in St 3125 Medalist Dr 4. Any problem that may arise as a result ofplacement of the fiber optic cable be the responsibility of the petitioner /owner to correct in coordination with the Department of Public Works. 5. All appropriate permits be obtained prior to the start of placement of the fiber optic cable. 6 The fiber optic cable be modified or removed immediately upon request of the City. 7. 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. 8. 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 the right -of -way permit within ten (10) days of notice. 9. The petitioner /owner execute a hold harmless agreement with the City. 10. The facility be part of and documented with Digger's Hotline system. Seconded by Bowen. Motion carried 7 -0. Item -Priv in St 3125 Medalist Dr 0 City of Oshkosh o1HCUR General Application ON -HE 'WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION SUBMIT To: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 Petitioner: Multimedia Communications & Engineering, Inc. Date: 4/25/2011 Petitioner's Address: PO BOX 11064 City: Green Bay State: WI Zip: 54307 Telephone #: (920 ) 676 -3496 F ax: ( 920) 469 -9770 Other Contact # or Email: dbceker @mcae.biz Status of Petitioner (Please Check): ❑Owner ❑✓ Repres nt tiyg QF9 f ant ❑ Prospective Buyer Petitioner's Signature (required) : r A Q) B � Date: 4/25/2011 OWNER INFORMATION Owner's): Fox Valley Metrology Date: 4/25/2011 Owner(s) Address: 3125 Medalist Drive City: Oshkosh State: WI Zip: 54902 Telephone #: ( 920 ) 426 - 5894 F ax: ( 920 ) 426 - 8120 Other Contact # or Email: brian @ 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 Division for incomplete submissions or other administrative reasons. Property Owner's Signature: R fi — Date: 4/25/11 TYPE OF RE VEST: 1 Access Control Variance Easement ✓ Privilege in Street (identify) Bury Fiber Optic cable from 3125 Medalist Dr to 495 Waukau Avenue Other (identify) SITE INFORMATION Address/Location of Proposed Project: 3125 Medalist Drive Proposed Project Type: Bury Fiber Optic Cable across Medalist Drive to property located at 495 Waukau Avenue 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. osl ikosh. wi. us/ Conununity _Development/Planning.htm NA StaffDate Recd 3/ Multimedia Communications & Engineering, Inc. 9 PO Box 11064 Green Bay, WI 54307 -1064 ph (920) 676 -0494 Placing technology at your fingertips April 25` 2011 TO: City of Oshkosh Planning Services Division FROM: Multimedia Communications & Engineering, Inc. on behalf of Fox Valley Metrology. RE: Privilege in the Right Of Way Narrative Fox Valley Metrology intends to connect their facilities located at 3125 Medalist Dr and 495 Waukau Avenue with a Fiber Optic Cable Network via a fiber optic cable inside a 2" HDPE duct that will cross perpendicularly through the City of Oshkosh Medalist Street Right of Way. Please see the attached map for route details. This planned route has 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 across 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 S:OOPM and will take into consideration any hours of work restrictions placed by the City. It is expected that the work will be completed by June of 2011. Any questions regarding this proposed project can be directed to Fox Valley Metrology's hired engineering firm Multimedia Communications & Engineering Contact Person Dan Becker 920 - 676 -3496 or dbecker @mcae.biz. F.I Y d _ W s _ _ x z c-i � E E w � o` Y ca cr J c a � c m � _ c C W Icl 4J � ?mm V C u�LL III CL Cbrn vf �- °o I E QJ aJ o M, f0 7 u 9 E a X LL o 75 0 !L FrrR "Id N Q ¢ Y o � I �G o i � � a 3 �mouKufl uoRe�o � MRJ � Q C l) N X � L O (+7 R s O G m a 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff PRIVILEGE IN STREET O 3125 MEDALIST DR N OYHKOfH ON THE WATER City of Oshkosh Department of Scale: 1 - 100' Community Development 05/09/11 FIBER OPTIC CABLE ROUTE 1183.79' - - - - - - - - - - - - - - - - - - - - - -- - -- - - - W -WAUK- AUAV-E----- - - - - -, - - -- i - - -- --------------------------------------------------- - - - - -- ------- - - - - -- - i i 187.55' 495 i L IP i N m i M R i i i i i i i i M i W i J ur)m M N i i I 234.0' c i I I I 229.45' 235.3' I I i i i i i i i i i i 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff PRIVILEGE IN STREET O 3125 MEDALIST DR N OYHKOfH ON THE WATER City of Oshkosh Department of Scale: 1 - 100' Community Development 05/09/11 DISCLAIMER PRIVILEGE IN STREET ( 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff 3125 MEDALIST DR Scale: 1 " = 1000' N OJ'HKO.IH ON THE WATER City of Oshkosh Department of Community Development 05/09/11 DISCLAIMER PRIVILEGE IN STREET 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 discrepencies are found, please contact the City of Oshkosh. Created by - dff 3125 MEDALIST DR Scale: 1" = 100' N Of HKOf H ON THE WATER City of Oshkosh Department of A Community Development 0510911,