HomeMy WebLinkAbout13. 12-329JUNE 26, 2012
12 -329 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN STREET TO DAYMARK 100 NORTH
MAIN LLC TO PERMIT AN EXISTING FLAGPOLE & SEASONAL
DECORATIONS WITHIN THE RIGHT -OF -WAY AT THE SOUTH-
EAST CORNER OF NORTH MAIN STREET /OTTER AVENUE
INITIATED BY: DAYMARK 100 NORTH MAIN LLC
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, Daymark 100 North Main LLC requests the Common Council grant
them a privilege in street to maintain an existing flag pole and seasonal decorations
within the public right -of -way at the southeast corner of North Main Street /Otter 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 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
Daymark 100 North Main LLC a privilege in street to maintain an existing flag pole and
seasonal decorations within the public right -of -way at the southeast corner of North
Main Street /Otter Avenue, per the attached, contingent upon the following:
1) If no longer needed, the flagpole be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
2) Any problem which may arise as a result of the placement of the flagpole be the
responsibility of the petitioner to correct in coordination with the Department of
Public Works.
3) The flagpole be modified or removed immediately upon request of the City.
4) The petitioner secures and submits to the City Clerk an insurance policy
acceptable to the City which names the City as an additional insured with a
minimum coverage of $200,000 per person and $500,000 in general aggregate.
5) 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.
6) The petitioner execute a hold harmless agreement with the City.
7) The facility be part of and documented with Digger's Hotline system.
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services ll
DATE: June 21, 2012
RE: Approve Granting Privilege in Street to Daymark 100 North Main LLC to Permit an
Existing Flagpole and Seasonal Decorations within the Right -of -Way at the Southeast
Corner of Noah Main Street/Otter Avenue (Plan Commission recommends approval)
BACKGROUND
The subject site is adjacent to the 100 block North Main property located at the southeast corner of N.
Main Street and Otter Avenue. The 100 block building was constructed in 2001 and is a mixed use
residential/commercial structure with 62 upper story residential units and commercial tenant space on
the ground floor. The immediate area is predominantly commercial -type uses with several buildings
containing upper -story residential uses. Soon after the building's construction, the previous owners
constructed a flagpole on what was thought to be private property as it was located on the private
property side of the public sidewalk.
ANALYSIS
The flagpole was mistakenly constructed in an area behind the sidewalk where land is traditionally in
private ownership. However, because this was a redevelopment project and the city acquired lands for
the 100 block project and potential future right -way improvements, additional lands were retained at
the corner of N. Main St. /Otter Avenue. The location of the flagpole within the right -of -way does not
interfere with any city infrastructure nor obstruct views from a traffic standpoint. Should the City want
to undertake improvements in this area, the City may order the flagpole removed as one of the
conditions of this request. The Department of Public Works has reviewed and recommends approval
of the privilege request.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its June 19, 2012 meeting.
Approved,
City Manager
ITEM: GRANT PRIVILEGE IN THE STREET AT THE SOUTHEAST CORNER
OF N. MAIN STREET AND OTTER AVENUE (100 BLOCK N. MAIN
STREET
Plan Commission meeting of June 19, 2012
GENERAL INFORMATION
Petitioner: Daymark 100 N. Main LLC /Oshkosh 620 LLC
Owner: City of Oshkosh
Action Requested:
Daymark 100 N. Main LLC and Oshkosh 620 LLC requests a privilege in the street permit for an
existing flag pole structure located within the public right-of-way at the southeast corner of N.
Main Street and Otter Avenue (100 N. Main Street).
Applicable Ordinance Provisions: NIA
Property Location and Type:
The subject site is adjacent to the 100 block north main property located at the southeast corner of
N. Main Street and Otter Avenue. The 100 block was a redevelopment site with the existing
building being constructed in 2001. The 100 block building is a mixed use residential/commercial
structure with 62 upper story residential units and commercial tenant space on the ground floor.
The immediate area is predominantly commercial -type uses with several buildings containing
upper -story residential uses.
ANALYSIS
Soon after the building's construction in 2001, the previous owners constructed a flagpole on what
was thought to be private property as it was located on the private property side of the public
sidewalk. This mistake was easily made because in most cases, the inside edge of public sidewalk
(the edge closest to private property) indicates the approximate location of the private property line
and the public right- of-way where public sidewalk is usually constructed. Unbeknownst to the
previous property owner, this was not the case and the flagpole was inadvertently constructed
within the right -of way. This mistake was unnoticed for a decade until plans from the N. Main
Street reconstruction showed the flagpole's placement in the right -of -way,
The location of the flagpole within the right -of -way does not interfere with any active city
infrastructure nor obstruct views from a traffic standpoint. The petitioner states in their application
that since the time they have taken ownership of the property, that corner has become a focal point
with landscaping and seasonal decorations as it acts as an entrance to the downtown and would
like to continue to do so.
Staff has no concerns with the privilege request, other than those regulated by the Department of
Public Works.
The Department of Public Works has reviewed and recommends approval of the privilege request.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the privilege in street request subject to the following conditions:
1. If no longer needed, the flagpole be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
2. Any problem that may arise as a result of placement of the flagpole be the responsibility of the
petitioner/owner to correct in coordination with the Department of Public Works.
3. The flagpole be modified or removed immediately upon request of the City.
4. 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.
5. 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.
6. The petitioner/owner execute a hold harmless agreement with the City.
7. The facility be part of and documented with Digger's Hotline system.
The Plan Commission approved of the privilege in street request with conditions noted. 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 zoning
classifications in said area. He reviewed the history of the site and stated that the flagpole has
been in place for ten years and was placed in the right -of -way in error. It was brought to the City's
attention when North Main Street was reconstructed recently. He also reviewed the conditions
recommended for this request.
Dawn Benish, Business Manager for the 100 Block Apartments, stated that she wished to clarify
condition #4 requiring they submit a separate insurance policy with the City named as an
additional insured as they already have sufficient insurance coverage and would like to include the
flagpole in their existing policy.
Mr. Burich responded that he would have to consult with the City Attorney's office on the matter
to see if it will be an issue.
Ms, Benish commented that the City would need to provide a legal description of the flagpole area
for their insurance company.
Mr. Nau replied that lie could provide her with that information.
Mr, Nollenberger inquired if the condition would need to be changed at this time to address that a
separate policy would not be acquired.
Mr. Burich recommended that the standard condition should remain for this request until he
consulted with the City Attorney's office.
Item -Priv in St- A'Afain St & Otter Asp
Mr, Borsuk commented that the Common Council could adjust the condition if necessary.
Steve Gohde, Assistant Director of Public Works, stated that it could be more difficult to change
the condition at the Common Council level if the Plan Commission already adjusted the language
when they made their recommendation on the request.
Motion by Vafgrt to grant the privilege in street at the southeast corner ofX Alain Street
and Otter Avenue as requested with the following conditions including revising condition
#I to state that the petitioner /owner submits an insurance policy acceptable to the City
rather than a separate policy:
1. If no longer needed, the flagpole be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
2. Any problem that may arise as a result of placement of the flagpole be the responsibility of the
petitioner /owner to correct in coordination with the Department of Public Works,
3. The flagpole be modified or removed immediately upon request of the City.
1. The petitioner /owner secures and submits to the City Clerk an insurance policy acceptable to
the City which names the City as an additional insured with a minimum coverage of $200, 000
per person and $500, 000 in general aggregate.
S. It is the responsibility of the petitioner /owner to file in a timely Hamner 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- -3s ay permit within ten (10) days of
notice.
6 The petitioner /owner execute a hold harmless agreement with the City.
7 The facility be part of and documented with Digger's Hotline system.
Seconded by IMollenberger. 11kIotion carried 8 -0.
hezn -Priv in St- NAlain St & otter Av
0
Of KO.IH
ON THE WATER
APPLICANT INFORMATION
City of Oshkosh
General Application
"PLEASE TYPE OR PRWT USING BLACK INK"
Petitioner: Daymark -100 N Main LLC
Petitioner's Address: 3190 Gateway Road Ste 102 City: Brookfield
Telephone 4: (262 ) 754 -0604
Fax: ( 262) 754 -0611
Status of Petitioner (Please Check): ❑✓ O,,vner
Petitioner's Signature (required):
Owner {s): City of Oshkosh
O,, mer(s) Address: 215 Church Ave
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, W1 54901
PHONE: (920) 236 -5059
Date: 4/11112
State: Wi Zip: 53045
Other Contact # or Email: rosle @daymarkrealestate.com
❑Tenant ❑ Prospective Buyer
City: Oshkosh
Telephone #: ( 92€3 ) 236 -5055 Fax: ( ) Other Contact # or Email:
Ownership Status (Please Check): ❑individual ❑Trust ❑Partnership ❑Corporation
Date:
Date: 4111112
State: WI Zip: 54001
Property Owner Consent: (required)
By signature hereon, UWe 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:
TYPE OF RE OUE ST:
Access Control Variance
Easement
Privilege in Street (identify)
✓ Other (identify) Privilege in the Right -of -Way
SITE INFORMATION
Date:
Address/Location of Proposed Project: Southeast Comer of Main Street and Otter Avenue (100 N. Main Apartments & RetalllOffice Center)
Proposed Project Type: Request to keep the current flagpole that displays the American flag with seasonal decorations that surround flagpole.
Current Use of Property: Green Space with Flagpole
Land Uses Surrounding Your Site: North:
South:
East:
West:
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ PIease refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
Zoning:
For more information please visit the City's website at,,i,�N w.ci.oshkosh.wi.us /Community Development/Plannitig.htm `` f
Aate I2ec`d
Staff
313
General Application for
Privilege of Right -of -Way
Narrative Summary Attachment
At this time we are requesting permission Rom the City of Oshkosh to allow the current flagpole that
displays the American flag to remain in place on the southeast corner of Main Street and Otter Avenue.
We believe having the flagpole at such a predominant corner of downtown improves the appearance of
the corner and allows the 100 North Main residents the ability to sho -w their patriotism. fn addition, we
would also like to request the ability to decorate around the flagpole with seasonal decorations to further
improve the corners appearance and the curb appeal to our property. Photos of the current location of
the flagpole are below for your review.
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DISCLAIMER
PRIVILEGE IN STREET
ibis map Is neither a legally recorded map nor
a survey and it Is not Intended to be used as ono.
drawing is data
S E CORNER N MAIN ST N
H
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This a compNation of records,
and information located In various city, county
& OTTER AV
-f
ouniewnrra
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-
sponsible for any inaccuracies herein contained.
Department of
Community Development
If discrepencles are found, please contact the
City of Oshkosh.
Scale: 1" = 30'
06111/12
Created by - dff
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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 dlscrepencles are found, please contact the
City of Oshkosh.
ii Created by - dff
PRIVILEGE IN STREET
SE CORNER N MAIN ST
& OTTER AV
Scale: I" = 30'
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City of Oshkosh
Department of
Community Development
06/11/12
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