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HomeMy WebLinkAbout06. 12-493 OCTOBER 9, 2012 12-493 RESOLUTION (CARRIED __7-0____LOST ________LAID OVER ________WITHDRAWN ________) PURPOSE: APPROVE GRANTING EASEMENT TO WISCONSIN PUBLIC SERVICE ON THE WIOUWASH TRAIL, NORTH SIDE OF RIVER MILL ROAD INITIATED BY: DEPARTMENT OF PUBLIC WORKS PLAN COMMISSION RECOMMENDATION: Approved w/condition BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant an easement to Wisconsin Public Service on the trail head for the WIOUWASH Trail, on the north side of River Mill Road, per the attached, and to execute any and all documents necessary for purposes of same, with the following conditions: 1) The easement run 12 ft. wide parallel to the northeast property line. 2) Every effort be made to keep the WIOUWASH Trail open to the public during installation/construction of the gas line. /i OYHKOfH OK THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: October 4, 2012 RE: Approve Granting Easement to Wisconsin Public Service on the WIOUWASH Trail, North Side of River Mill Road (Plan Commission recommends approval) BACKGROUND The subject property is located in a low- density residential neighborhood east of the Fox River and south of Riverside Cemetery. The proposed easement is 12 -foot wide by approximately 237 feet long, located on the east side of City -owned property currently used as the trail head for the WIOUWASH recreation trail. An existing gas main, scheduled to be abandoned, is currently located within a 6 -foot wide easement located on the property. ANALYSIS Wisconsin Public Service (WPS) is proposing to replace an existing 12 -inch natural gas main extending from W. New York Avenue proceeding along Summit Avenue, Arboretum Drive, River Mill Road to Algoma Boulevard. The petitioner states that portions of the Fox River seawall are in poor condition making repair and maintenance of the main difficult and that the proposed relocation of the gas main will enable WPS easier access for long -term maintenance and repair. Most of the project is occurring in public right -of -way however the gas main north of River Mill Road is on private property requiring WPS to acquire appropriate easements. The proposed construction will not have a negative impact on the surrounding area and will not affect the current use of the property as the trail head for the WIOUWASH trail and will not interfere with any City utilities. Appropriate easement documents will be reviewed by the City Attorney and signed by both parties and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its October 2, 2012 meeting. Approved, City Manager ITEM: GRANT UTILITY EASEMENT FOR PRIVATE GAS MAIN LOCATED ON WIOUWASH TRAIL PROPERTY LOCATED NORTH OF RIVER MILL ROAD Plan Commission meeting of October 2, 2012 GENERAL INFORMATION Petitioner: Wisconsin Public Service Corporation Owner: City of Oshkosh Action Requested: Wisconsin Public Service Corporation is requesting a utility casement on a City -owned WIOUWASH recreation trail property located north of River Mill Road, Applicable Ordinance Provisions: NIA Property Location and Type /Analysis: The subject property is located in a low - density residential neighborhood east of the Fox River and south of Riverside Cemetery. The proposed easement is 12 -foot wide by approximately 237 feet long, located on the cast side of City -owned property currently used as the trail head for the WIOUWASH recreation trail. An existing gas main, scheduled to be abandoned, is currently located within a 6 -foot wide easement located on the property. Wisconsin Public Service (WPS) is proposing to replace an existing 12 -inch natural gas main extending from W. New York Avenue, then north along Summit Avenue, Arboretum Drive and River Mill Road, then continuing north along the subject City property, then finally east along private property to Algoma Boulevard. The petitioner states in their narrative that portions of the Fox River seawall are in poor condition which has lead to deteriorating soil conditions making repair and maintenance of the main difficult. The proposed relocation of the gas main will enable WPS easier access for long -term maintenance and repair. Most of the project is occurring in public right -of -way in which WPS can locate their utilities by right; however, the proposed gas main north of River Mill Road is located on private property requiring WPS to acquire appropriate easements, one being from the City. Staff does not have any concerns with the easement request as there is already a smaller existing casement on the property and that WPS is seeking to update their infrastructure. The proposed construction will not have a negative impact on the surrounding area and will not affect the current use of the property as the trail head for the WIOUWASH Trail. The Department of Public Works has been working with the petitioner to make sure that the proposed gas main will not interfere with any City utilities. Appropriate easement documents will be reviewed by the City Attorney and be signed by both parties. After review by the Plan Commission and approval by the Common Council, the easement will be recorded at the Winnebago County Register of Deeds. RECOMMENDATION /CONDITIONS Staff recommends approval of the granting of the proposed private utility easement as requested. The Plan Commission approved of the proposed easement as requested. The following is the Plan Commission's discussion on this item. Mr. Bowen stated the Trail in this area is used a lot and he would like to keep the trail open as much as possible during construction. Mr. Steve Gohde, Oshkosh Department of Public Works, stated staff has reviewed the request and is recommending the easement location be moved to run 12 feet wide parallel to the northeast property line to allow for future City utility installation in this area as well. Motion by Bowen to approve granting a utility easement to TVisconsin Public Service with the following conditions: 1) The easement run 12 feet wide parallel to the northeast property line. 2) Every effort be made to keep the WIOUWASH Trail open to the public dining installation/construction of the gas line. Seconded by Fajgrt. Motion carried 9 -0 (0 City of Oshkosh oV�o� General Application ON THE WATER "PLEASE TYPE OR PRINT USRqG BLACK SIC ** APPLICANT INFORMATION Petitioner: Wisconsin Public Service Corporation Petitioner's Address: 700 WAdams Street Telephone #: (920 ) 433 -1 388 Status of Petitioner (Please Check): Petitioner's Signature (required): _ OWNER INFORMATION Owner's): Owner(s) Address: Telephone #: ( ) Fax: ( ) Fax: ( ) SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, NVI 54901 PRONE: (920) 236 -5059 Date: 08/20/2012 -city: Green Bay State: WI Zip: 54307 -9002 Other Contact # or Email: demathys @integrysgroup.com ❑Prospeetive Buyer City: Other Contact # or Email: Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnersliip ❑Corporation Date: / Z Date: State: Zip: Property Owner Consent: (required) By signature hereon, IAVe 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 REOUEST: Access Control Variance ✓ Basement Privilege in Street (identify) Other (identify) SITE .INFORMATION Address/Location of Proposed Project: Recreation trail owned by the city north of River Mill Road Proposed Project Type: Installation of natural gas main Current Use of Property: Recreation trail Land Uses Surrounding Your Site: North: Cemetary South: Residential East: Residential West: Residential 9 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 Date: R1 For more information please visit the City's website at %i,tiN kv.ci.oshkosh.wi.us/ Community _ Devclopment /Planning.htm /� 1� `� Staff \TO Date Ree'd�/� +�t� ¢' - 2A t Wisconsin Public Service Corporation 700 north Adams Street P.O. Box 19001 Green Bay, WI 54307 -9001 vhvw.wisconsinpvblicsorvice.com Wisconsin Public Service has learned that portions of the Fox River wall in the River Mill subdivision area are in poor condition leading to soil conditions in the area that make repair and maintenance of our pipeline difficult. Currently, a 12 -inch natural gas main runs through the area near the river from New York Avenue to the north end River-Mill subdivision (see map). Accordingly, for safety reasons, WPS will relocate the gas main which will make it easier for landowner work near the river as well as future City. of Oshkosh road construction on New York Avenue. The new route will be within road right -of -way along Arboretum Drive and through the western parts of-River Mill subdivision as indicated on the enclosed map. 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