HomeMy WebLinkAbout20. 13-142
MARCH 26, 2013 13-142 RESOLUTION
(CARRIED___6-0___LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: GRANT PRIVILEGE IN STREET TO UW-OSHKOSH ETAL
IN ALGOMA BOULEVARD ADJACENT TO 608 ALGOMA
BOULEVARD AND 635 ELMWOOD AVENUE
INITIATED BY: UNIVERSITY OF WISCONSIN –OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the University of Wisconsin-Oshkosh requests the Common Council
grant a privilege in street to the University and its contractors as may be required to
extend underground fiber optic cable, chilled water and empty power conduit within the
right-of-ways of Algoma Boulevard ; 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 the
University of Wisconsin-Oshkosh and its contractors, a privilege in street to extend
underground fiber optic cable, chilled water and empty power conduit within the right-of-
ways of Algoma Boulevard, adjacent to 608 Algoma Boulevard and 635 Elmwood
Avenue, per the attached, contingent upon the following:
1) The underground fiber optic cable, chilled water and empty power conduit be
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
City.
2) If no longer needed, the underground fiber optic cable, chilled water and empty
power conduit be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
3) Any problem which may arise as a result of the placement of the
underground fiber
be the responsibility of the
optic cable, chilled water and empty power conduit
petitioner/contractors to correct in coordination with the Department of Public
Works.
MARCH 26, 2013 13-142 RESOLUTION
CONT'D
4) All appropriate permits be obtained prior to the start of placement of the
underground fiber optic cable, chilled water and empty power conduit.
5) The underground fiber optic cable, chilled water and empty power conduit be modified
or removed immediately upon the request of the City.
6) The petitioner and contractors 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.
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 upon 10 days
notice.
8) The petitioner/owner and contractors execute hold harmless agreements with the
City.
9) The facility be part of and documented with Digger's Hotline system.
OfHKOIH
OV T F WATFA
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: March 21, 2013
RE: Approve Privilege in Street to UW- Oshkosh in Algoma Boulevard Adjacent to
608 Algoma Boulevard and 635 Elmwood Avenue (Plan Commission
recommends approval)
BACKGROUND
The University of Wisconsin Board of Regents is requesting a privilege -in- the - street at two
locations to allow extension of fiber optic cable, chilled water and empty power conduit within
city right -of -way connecting the former Lincoln Elementary School (608 Algoma Boulevard) to
existing campus facilities. The routing of these facilities will cross Algoma Boulevard
approximately 40 feet west of the Algoma Boulevard /Elmwood Avenue intersection and
approximately 120 feet east of the Algoma Boulevard /Elmwood Avenue intersection.
ANALYSIS
The University of Wisconsin Board of Regents recently began renovation of the former
Lincoln School building at 608 Algoma Boulevard for use as a day care center and
Educational Division offices. As part of the work on this project, it is necessary to extend
campus fiber optic, chilled water and power utilities to the renovated facility. The University
is proposing to connect this building to existing underground facilities located on the site of
their new dormitory at 635 Elmwood Avenue on the northwest side of the Algoma Boulevard
and Elmwood Avenue intersection. The petitioner coordinated their design with the
Department of Public Works to ensure no conflicts with City utilities and the Department of
Public Works has reviewed the request and has no concerns with the proposed installation.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its March 19, 2013 meeting.
Approved,
City Manager
ITEM: GRANT PRIVILEGE IN THE STREET FOR INSTALLATION OF FIBER
OPTIC CABLE, CHILLED WATER SUPPLY LINE AND EMPTY POWER
CONDUIT TO THE FORMER LINCOLN ELEMENTARY SCHOOL (608
AL_G_OMA BOULEVARD) AT TWO LOCATIONS ALONG THE 600
BLOCK OF ALGOMA BOULEVARD
Plan Commission meeting of March 19, 2013
GENERAL INFORMATION
Petitioner: University of Wisconsin System Board of Regents
Owner: City of Oshkosh
Action Requested:
The University of Wisconsin Board of Regents is requesting a privilege -in- the - street at two
locations to allow extension of fiber optic cable, chilled water and empty power conduit within city
right -of -way connecting the former Lincoln Elementary School (608 Algoma Boulevard) to
existing campus facilities.
Applicable Ordinance Provisions:
NIA but any location of a non -city or public utility use in city right-of-way requires the issuance of
a privilege -in- the - street permit.
Property Location and Type /Analysis:
The University of Wisconsin Board of Regents recently began renovation of the former Lincoln
School building at 608 Algoma Boulevard for use as a day care center and Educational Division
offices. As part of the work on this project it is necessary to extend campus fiber optic, chilled
water and power utilities to the renovated facility. The University is proposing to connect this
building to existing underground facilities located on the site of their new dormitory at 635
Elmxvood Avenue on the northwest side of the Algoma Boulevard and Elmwood Avenue
intersection, as depicted on the attached plans.
The petitioner indicated that several alternatives for routing these facilities were considered and it
was found that the route with least impacts to City's right-of-way and existing utilities will be to
cross Algoma Boulevard at two locations: 1) approximately 40 feet west of the Algoma
Boulevard/Elmwood Avenue intersection and 2) approximately 120 feet east of the Algoma
Boulevard/Elmwood Avenue intersection.
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 that can not be addressed with the standard privilege -in-
the- street conditions.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the privilege -in -the- street request with the following conditions:
1) The fiber optic cable, chilled water and empty power conduit 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, chilled water and empty power conduit 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 cable, chilled
water and empty power conduit be the responsibility of the petitioner /owner to correct in
coordination with the Department of Public Works.
4) All appropriate permits are obtained prior to the start of placement of the fiber optic cable,
chilled water and empty power conduit.
5) The fiber optic cable, chilled water and empty power conduit 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 is part of and documented with Digger's Hotline system.
The Plan Commission approved of the privilege in street as requested with conditions noted. The
following is the Plan Commission's discussion on this item.
Commission members decided to discuss and vote on Items IIA and IIB together as they were
closely related.
Mr. Buck presented Item IIA and reviewed the site and surrounding area as well as the land use in
said area. He also reviewed the previously approved planned development and the current site
plan which would relocate the playground area back to the original location. He further stated that
fencing and landscaping would be added to the playground area and it would be further away from
the residential properties. He also discussed the request to extend the reconstruction of the parking
lot and driveway to the end of 2015.
Mr. Buck then presented Item I113 and explained that the privilege in street was necessary to
connect the new dormitory facility to the Lincoln School facility and the petitioner had worked
with the Department of Public Works on the design to ensure there would be no conflicts with City
utilities. He also reviewed the conditions recommended for the privilege in street request as well
as the conditions recommended for the planned development request.
Mr. Bowen questioned the reasoning to cross Algoma Boulevard several times rather than just one
connection between the two facilities.
lon -608 Algoina_WO Priv in Street
MIN
Mr: Buck responded that it was designed in this fashion due to the right -of -way location between
the facilities that would make for a difficult connection and also the issue of conflicts with other
utilities in the right -of -way.
Mr. Thorns stated that he was disappointed about the delay in the reconstruction of the parking lot
as there were safety concerns with the driveway on Wisconsin Street and he did not understand
why staff would agree with delaying the reconfiguration of the driveway to make it a right -
in/right -out only access.
Mr. Buck replied that the anticipated traffic concerns were not as negative as originally perceived
and the reconfiguration of the driveway would be easier if completed in conjunction with the
reconstruction of the parking lot.
Mr. Thorns then questioned the condition that the parking lot and driveway reconstruction be
completed by the end of 2015 as this work would not be able to be completed once the end of the
construction season has arrived.
Mr. Buck responded that the condition could be amended to the end of the construction season if
the Commission felt it was necessary.
Bernard Pitz, 459 Church Avenue, stated that when the planned development originally went
before the Common Council, they placed the right- in/right -out condition for the driveway on the
request and if it was not abided by, the planned development for this site would be pulled. He had
contacted the State of Wisconsin regarding the matter and told them that the University would
continue to ask for more changes for the site. Mr. Pitz felt that the University will ask to extend
the parking lot reconstruction again as the site plan submitted refers to a future use in one area but
does not designate what the use will be. He also commented about the use of the school as the
University claims it is for a child day care center and they are utilizing it for an office building and
this use was not allowed in the R -2 zoning district. He felt that the University should lose the right
to continue with their approved planned development at this site.
Mr. Thorns questioned if there were conditions placed on this request originally that were not
being abided by that would initiate the University's loss of their planned development approval.
Mr. Burich indicated that the City would have to go through the process to revoke a conditional
use permit/planned development and the request being reviewed today was for an amendment to
the existing planned development.
Mr. Bowen commented that he reviewed the resolution from 2010 approving the planned
development and the right - in/right -out configuration condition for the driveway appeared to be
placed on the request as an amendment by the Common Council.
Mr. Burich stated that the conditions related to overnight parking and the right- in/right -out
driveway configuration were both amendments placed on the request at the Council level.
Mr. Bowen commented that the language related to the right- in/right -out configuration for the
driveway appears to be under the assumption that all the reconstruction would be done at the same
time however the driveway reconfiguration could be accomplished within a reasonable budget
Item -645 Algoma_Uit'O Priv in Street
amount. He further stated that from a traffic flow standpoint, it is not a good intersection to begin
with and he would like to see the right - in/right -out driveway access addressed sooner than later.
Mr. Borsuk stated that the right- in/right -out configuration is supposed to be functional now
controlled by signage and the reconstruction of the lot could add curbing to the driveway to
prevent left hand turns.
Ms. Propp agreed with Mr. Borsuk.
Mr. Burich stated that during the parking lot reconstruction, the intent was to make it more
difficult to maneuver a left hand turn from the driveway and the functional design could be
completed during this process.
Ms. Propp inquired if the no left turn was enforced.
Mr. Burich responded that it may be difficult and consideration must be made as to how it affects
the long term plans for the University's reconstruction project.
Mr. Cummings questioned if the signage currently on the site is large and visible.
Mr. Buck responded that signage was present on the site however there is not always an officer
present at this intersection to enforce the right - in/right -out turns.
Mr. Burich suggested that the Transit Director, Chris Strong, could review the site.
Mr. Thoms commented that he would like to know what the signage looks like that is currently in
place and if citizens are not adhering to the right- in/right -out configuration, it is a code violation
that should be enforced by the Police Department. The driveway should be clearly marked and it
does not have a lot to do with the reconstruction of the parking lot.
Mr. Burich indicated that the driveway configuration is not a municipal code traffic violation and
therefore could not be enforced by the Police Department. It is a violation of the planned
development conditions only.
Mr. Buck added that usually the driveway is constructed in a configuration to control the ability of
motorists to make an illegal turn.
Mr. Borsuk questioned if all of these details are reviewed by the other City departments such as
Transit, Public Works, etc. prior to being presented to the Plan Commission.
Mr. Buck responded affirmatively.
Mr. Borsuk commented that he felt that more was being made of this issue than necessary and that
the University has always followed through in the past with addressing conditions on their
requests.
Mr. Bowen stated that he did not feel that signage was effective in these cases and curbing is the
only deterrent that ensures motorists adhere to the restrictions.
Item -608 rtlgonta_UJVO Priv in Street
4
Motion by Borsuk to approve the granting of the privilege in the street for installation of
fiber optic cable, chilled water supply line and emptypower conduit to the farmer Lincoln
Elementary School, (608 Algorna Boulevard) at two locations along the 600 block of
Algoma Boulevard with the following conditions:
1) The fiber optic cable, chilled water and empty power conduit 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, chilled water and empty power conduit 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 cable,
chilled water and empty power conduit be the responsibility of the petitioner /owner
to correct in coordination with the Department of Public Works.
4) All appropriate permits are obtained prior to the start of placement of the fiber
optic cable, chilled water and empty power conduit.
5) The fiber optic cable, chilled water and empty power conduit 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 is part of and documented with Digger's Hotline system.
Seconded by Vc#grt. Motion carried 9 -0.
Item - 608,41goma_WO Priv in Slreet
City of Oshkosh
ohc<O-fti General Application
On -c .,+:Ea
�•rt.rt:�st. !N:, Oil PRIM I'( SING MACK INK"
APPLICANT INFORMATION
Petitioner: UW System Board of Regents - Tom Sonnleitner
Petitioner's Address: 8 Al goma Blvd - , Cit Oshkosh
5
l'eleplione (920 ) 424 - 403 -..- -.— Fax: ( 920) 424 -2240
City : Oshkosh
Status of Petitioner (Please Check); ❑owji -er aepprresentative aenant ❑ Prospective BLIver / l
Petitioner's Signature (required); Date;
OWNER INI:ORNIATIO1Nl �
Owner(s): U Syste Board of Regents - To m Sonnleitner Date: 2 - - 2013
O wners) :Address; 800 Algoma B lvd
Telephone 9: ( 920 ) 424 -3030 — - Fax: ( 920 ) 424 - 2240
state: Wl Zip 54901
Other Contact?± or Email: sonnleit @uwosh.edu
Omiership Status (Please Check): ❑individual [] "ruse ❑Partnersftip ❑Corporation
Property Owner Consent: Crequired)
By signature hereon, IAVe acknowledne that City officials and'or employees nw). in the pertbi - mance of (heir 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 ma
y be postponed by the Planning Services Division For incomplete submissions or other administrative reasons.
Property Owner's Signature: ��' -`� 11 ! 3 A� t '; R t, a � Date: � • �) I ',
1 "YI'ls (lIrRI':t;)i:I T.
Access Control Variance
Easement
J Privilerie in Street (identity) University Chilled Water Supply /Return & Fiber Optic Crossing of Algoma Boulevard (2 locations)
Olher(identifi�) __
SITE INFORMATION
Address /Location of Proposed Project: 608 Alg oma Bo
Proposed Project Type: University Childcare Cente
Current Use of Property; School
Land Uses Surrounding Your Site: North: R5- P /R2 -P D
South: R5 -PD / R5
East: R2 -PD
West.- R5
Application fees are clue at time of suttmittal, rl lake cheek payable to City of Oshkosh,
r Ptcase refor to the fee sehedule tor" appropriate fee. FrE IS NON-REFUNDABLE
For mor'c irtfonnfttiort pleas, visit the Cisy's tivebsite at ;t �,u,si.o_lt! uslt. ;t i. us Ca€tununit, N ;%cic prnertt 7'lan€)in .Milt
Staff' DatcRee'd
R2 -PD
SUBMI - 1 I'0;
I)cpt. [if Conunt €nil) DC%elopntent
215 Church Ave., P.O. 1io.x 1 130
Oshkosh. W] 54901
PI IONL: (920) 236.5059
Date: 2 -1 -2013
State: Wl Zip. 54901
Other Contact i or Entail: sonnlelt @uwosh.edu
`J
OSHKOSH
February 1, 2013
City of Oshkosh
Department of Community Development
215 Church Avenue
P.O. Box 1130
Oshkosh, W154903 -1130
SUBJECT: University of Wisconsin Oshkosh
Lincoln Hall Renovation --- 608 Algoma Boulevard
Conditional Use Pewit Application — Amended CUP/PD 10- 320110 -328
General Application -- Privilege in Street
Dear Community Development Staff
On behalf of the UW System Board of Regents and University of Wisconsin Oshkosh, we are
submitting the following applications and other documentation for the University of Wisconsin
Oshkosh Lincoln Hall Renovation Project:
• Conditional Use Permit Application
• Check for Conditional Use Permit Fee - $300
• General Application for Privilege in Street
• Check for General Application Privilege in Street Fee - $100
• Check for Notification Sign Deposit - $75
On October 26, 2010 the Common Council conditionally approved a request by the University of
Wisconsin Oshkosh to renovate an existing single story 18,000 s.f. facility to accommodate the
University's Division of Lifelong Learning and Care Center as well as the Children's Learning
and Care Center. The project as previously approved also included playground relocation and
upgrades to the existing parking lot and driveway. As the project development has progressed
and budgetary numbers have become clearer, it has become necessary to make some slight
adjustments to the project as previously approved.
The University is requesting -the following Amendments to the previously approved CUP/PD per
resolution 10- 320/10 -338.
1. Relocation of the playground to remain in the general location as it currently exists facing
Algoma Blvd. See attached marked -up map from 2010 approval.
2. Time extension to the end of calendar year 2015 for condition 47 - parking lot
reconstruction to meet current code requirements,
3. Time extension to the end of calendar year 20 t5 for condition #8 - Wisconsin Street
driveway reconstruction to right -in, right -out configuration.
ME CWNCELLOR ADMINIS ATDIE SERVICES
M FYISCONSINOSHKOSH, 800,4LGOMA BLVD, OSHKOSH, {WISCONSIN 54901
(920) 424 -3030, F,4X(920) 424 -2210
An Equal Opportunity/.1ffii?naltve.4clron Inslrlrtlion, Fvxriv., sivosh.edu
OSHKOS"
The request for a revised playground location has become necessary upon more detailed review
of the current facility and site. The revised location will provide direct access from the childcare
interior building spaces and improve safety and security. The new location eliminates a route
that would have required children to walk across or near roadways and parking facilities. The
request for a time extension on conditions #7 and 08 are entirely driven by the current available
budget for the project. The University recognizes the need for the parking facility upgrade and is
fully cominitted to complete that portion of the project by end of year 2015 as financing will
become available.
The University is submitting a General Application — Privilege in Street for extension of campus
chilled water and fiber optic utilities to the renovated facility as part of the work on this project.
Several alternatives for routing these utilities were considered. -The route with the least impact to
City right-of-way and existing utilities will cross Algoma Boulevard in two locations. As part of
this application, the University is requesting a Privilege in Street to allow the placement of these
utilities within the City right -of -way.
Pro i ect Team:
Owner: University of Wisconsin Board of Regents
for the University of Wisconsin — Oshkosh
Owner's Rep: University of Wisconsin — Oshkosh
800 Algoma Blvd.
Oshkosh,'Wl 54901
Attn: Ms. JoAnn Rife — Facilities Management
(920) 424 -2438
Site Engineer: GRAEF
1150 Springhurst Dr.
Suite 201
Green Bay, WI 54304 -5947
Attn: Patrick J. Skalecki, P.E., LEED AP
(920) 592 -9440
Architect: Boer Architects, Inc.
1123 North eater Street
Milwaukee, WI 53202
Attn: Ms. Susan Allison
(414) 223 -3353
VICE CH,4 NCELLOR .4DAWINISTRATLVE SERVICES
UNIVERSITY OF WISCONSIN OSHKOSH, 800 ALCOMA BLVD, OSHKOSH, FVISCONS1N 54901
(920) 424 -3030, FAX (920) 424 -2240
An Equal Opporlunity,!4frinativeAction Instiiution, mm.4nvosh,edu
OSHKOSH
We request that you please begin the processing of this permit application, if any other
information is needed other than what is enclosed or noted above, please contact us and we will
prepare and submit supplemental information as soon as possible.
Sincerely,
f
Thomas G. Sonnleitner
Vice Chancellor for Administrative Services
University of Wisconsin Oshkosh
KAH:kah
Enclosures
cc: UWO — JoAnn Rife
DFD — Joe Sokal
GRAEF — Pat Skalecki
Boer — Susan Allison
VICE CHANCELLOR ADMINISTRATIVE SERVICES
UNIYERSTTYOF WISCONSUV osHKOSH.. 800.4LGOM4 BLVD, OSHKOSH, )VISCOMSIN54901
(920) 424 -3030, FAX(920) 424 -2240
An EqualOpporirrn {ry /.4ffrnmtive iclion Instittnron, Im— w Allivskedir
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