Loading...
HomeMy WebLinkAbout12. 14-330 JULY 22, 2014 14-330 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: GRANT PRIVILEGE IN STREET TO GABRIEL’S VILLA AND LUTHERAN HOMES OF OSHKOSH IN NORTH WESTFIELD STREET RIGHT OF WAY, ADJACENT TO 215 NORTH WESTFIELD STREET INITIATED BY: GABRIEL’S VILLA/ LUTHERAN HOMES OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Gabriel’s Villa and Lutheran Homes of Oshkosh request the Common Council to grant a privilege in street to Gabriel’s Villa, Lutheran Homes of Oshkosh and its contractors to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, 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 Gabriel’s Villa, Lutheran Homes of Oshkosh, and its contractors a privilege in street to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, per the attached, and upon completion of said project, Gabriel’s Villa and Lutheran Homes of Oshkosh will assume liability for said fiber cable within the right- of-way, with the following conditions: 1) Placement of the underground conduit shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2) The underground conduit 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 underground conduit is properly 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 underground conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. JULY 22, 2014 14 -330 RESOLUTION CONT'D 5) All appropriate permits be obtained prior to the start of placement of the underground conduit. 6) The underground conduit 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 executes a hold harmless agreement with the City. 10)The facility become part of and documented with Digger's Hotline system. OYHKOf an THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich, Director of Planning Services 6 DATE: July 17, 2014 RE: Grant Privilege in the Street to Gabriel's Villa and Lutheran Homes of Oshkosh in North Westfield Street Right -of -Way, adjacent to 215 North Westfield Street (Plan Commission Recommends Approval) BACKGROUND The proposed project is located on North Westfield Street approximately mid -block between Skyview Avenue and Witzel Avenue adjacent to Gabriel's Village (215 N. Westfield). Gabriel's Villa is a Residential Care Apartment Complex consisting of one and two bedroom apartments and is one of various facilities located on the Lutheran Homes of Oshkosh Campus, which predominately makes up the area. The applicant is proposing to install underground fiber cable utilities across the street to connect three buildings to the existing fiber cable network. ANALYSIS Gabriel's Villa, Inc. is requesting a privilege in the street to bore under N. Westfield Street to install a 2 inch conduit within the right -of -way to house fiber cable to connect three buildings located on the Lutheran Homes of Oshkosh campus which will provide the .necessary infrastructure to upgrade the phone and computer systems of 21.5, 217, and 220 N. Westfield Street. The installation will also enable the three buildings to integrate with the existing fiber network located on the campus. The Department of Public Works has reviewed and recommends approval of the privilege request with the final design and location coordinated and approved by their department to avoid conflicts with existing underground utilities. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 15, 2014 meeting. Approved, `mil City Manager ITEM: GRANT PRIVILEGE IN THE STREET AT 215 N. WESTFIELD STREET Plan Commission meeting of July 15, 2014 GENERAL INFORMATION Petitioner: Gabriel's Villa, Inc. /Lutheran Homes of Oshkosh, Inc. Owner: City of Oshkosh Action Requested: Gabriel's Villa, Inc. requests a privilege in the street permit to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus. The purpose of the request is to provide the infrastructure necessary to upgrade the campus' phone and computer systems. Applicable Ordinance Provisions: N/A Property Location and Type: The proposed project is located approximately mid -block between Skyview Avenue and Witzel Avenue adjacent to Gabriel's Village (215 N. Westfield). Gabriel's Villa is a Residential Care Apartment Complex consisting of one and two bedroom apartments and is one of various facilities located on the Lutheran Homes of Oshkosh Campus, which predominately makes up the area. ANALYSIS The applicant is proposing to bore under North Westfield Street to install a 2 inch conduit within the right of way. The conduit will house a fiber cable which will connect three buildings located on the Lutheran Homes of Oshkosh campus. The proposed fiber cable will provide the necessary infrastructure to upgrade the phone and computer systems of the following campus properties: Carmel Residence Gabriel's Villa Residence 220 North Westfield Street 215 Westfield Street 217 N. Westfield Street Additionally, with the installation of the new cable, the three buildings will be able to integrate with the existing fiber network located on the Lutheran Homes of Oshkosh campus. The Department of Public Works has reviewed and recommends approval of the privilege request with the condition that the final design and location is 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 underground conduit shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The underground conduit 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 underground conduit is properly 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 underground conduit 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 underground conduit. C. The underground conduit 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 executes a hold harmless agreement with the City. 10. The facility become 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. Ms. Williams presented the item and reviewed the site and surrounding area and the location of the privilege in street request. She described the layout of the Lutheran Homes of Oshkosh Campus and the necessity for the request and stated that the ten conditions recommended for this item were the standard conditions for all privilege in street requests. Mr. Thoms questioned why this item has the conditions on it and the first two requests for easements did not. Mr. Buck responded that it was due to the fact that a privilege in street is requiring work in the public right -of- -way rather than property. Mr. Gohde added that a privilege in street request is not done with a recorded document as with granting an easement and that a privilege in street requires conditions to protect the City and an encroachment agreement is drafted. He further explained the difference between granting easements and privilege in street requests. Mr. Bowen arrived at 4:10 pm. Mr. Thoms then questioned if these stipulations recommended as conditions on the request are as enforceable as a legal document. Mr. Gohde indicated that from the City's standpoint, a privilege in street is much more in the City's favor as the City can request that the privilege in street to be relocated at any time whereas the granting of an easement gives that party the right to the easement area and the City would have to incur the costs to move the easement if necessary. Item -Priv in St 215 Westfield St Mr. Gray inquired about the condition regarding the necessity for insurance for the privilege in street as to what it covers and what liability issues are related to it. Mr. Gohde responded that the insurance is to cover any damage to the street or public utilities that may occur. Mr. Gray then questioned why the insurance is required to continue after the utilities are placed in the easement area. Mr. Gohde replied that the petitioner is allowed the right to maintain their utilities placed in the privilege area such as a break in the line or some other situation that would require repair which could cause damage to the street or other infrastructure. Mr. Gray also questioned if the easement would remain in place if ownership of the property would change. Mr. Buck responded that it would as the privilege in the right of way is for the property and not the owner of it, however the City has the right to order it removed at any time. Motion by Borsuk to grant privilege in the street at 215 N. Westfield Street with the following conditions: 1. Placement of the underground conduit shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2. The underground conduit 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 underground conduit is properly 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 underground conduit 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 underground conduit. 6 The underground conduit 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. S. 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 petitionerlowner executes a hold harmless agreement with the City. 10. The facility become part of and documented with Digger's Hotline system. Seconded by Cummings. Motion carried 9 -0. Item -Priv in Si 215 Westfield St (0 O.IHK(afH ON THE WATER APPLICANT INFORMATION City of Oshkosh General Applicati on * *PLEASE TYPE OR PRINT USING BLACK. INK ** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wl 54901 PHONE: (920) 236 -5059 Petitioner: .• - Inc .'. member of i" .1 Homes of Oshkosh, IDate: • Petitioner's Address: 215 N. Westfield Street City: Oshkosh State: WI Zip: 54902 Telephone #: (920) 236 -0700 Fax: (920) 236 -0734 Other Contact # or Email: nmon4l1 ithPranhnmes. Status of Petitioner (Please Checl Petitioner's Signature (required): OWNER INFORMATION Tenant ❑Prospective Buyer Date: owner(s): Gabriels Villa Inc -.A member of Lutheran Homes of Oshkosh, Inc. Date: 6/1912014 Owner(s)Address: 215 N. Westfield Street City: Oshkosh State: WI zip: 54902 Telephone #: (920) 236 -0700 Fax: (920) 236 -0734 Other Contact # or Email: tsalomon(c_lutheranhomes. com mm� Ownership Status (Please Check): []Individual E]Trust ❑Partnership OCorporation Property Owner Consent: (required) By signature hereon, INL c 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 Plann' Services_ Di o or incomplete submissions or other administrative reasons. Property Owner's Signature: Date: TYPE OF RE UEST- Access Control Variance Easement Privilege in Street (identify) Other(identify) Install private service Min the Right of ay for Gabriel's Villa, Inc. SITE INFORMATION Address/Location of Proposed Project: 215 N. Westfield Street, Oshkosh WI 54902 Proposed Project Type: Boring between buildings for fiber connectivity Current Use of Property: Retirement housing community zoning: R -1 Land Uses Surrounding Your Site: North: Residential and School South: Retirement housing, resident and commercial East: Retirement housing and residential West: Retirement housing and commercial Application fees are due at time of submittal. Make check payable to City of Osbkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please visit the City's website at www.ei.oshkosh.wi.us/Community_pevelopment/Planning.htm j Staff �� DateRee'd U r F v KV G ALL F Gabr e `s Vllla, Inc. 215 'North Westfield..Street • Oshkosh> WI.54902 -4.01 Member of Lutheran Hordes of Oshkosh P (920) 236 -0700 • F (920) 236 -0743 wwwlutheranhomes.co'm June 19,'2014 Dept. of.Comniunity Development' 215 N. Church Ave., Pb Box 1130 Oshkosh, WI 54901 RE; REQUEST FOR RIGHT OF WAY FOR BORING.PROJECT Lutheran Homes of Oshkosh would like to connect three of the buildings located on our campus together utilizing fiber. connectivity. This would require-a'2 inch conduit / interduct to be bored .under the 200 .block of North Westfield Street. The fiber would, connect to following 3 locations: Carmel Residence 220 North Westfield Street Oshkosh, WI 54 902 -4 1 55 Gabriel's Villa 215 Forth Westfield Street Oshkosh, WI 54902 -4101 920.236.0700 Residence 217 North Westfield. Street., Oshkosh, WI 54902 , Petitioner I Owners: Gabriels Villa, Inc., 215 N. Westfield Street, Oshkosh, -W1 54902 The,Design,and Project Engineers:, Technology Architects, Inc., 1300 West-Main Avenue De Pere, WI 54115, Bill Hernandez, -(920) 339.0555, bhernandez @fechnologyarch.com Directional Boring Contractor: Up Right Services, LLC, 3188 Manitowoc-FRoad, Green Bay, Wl. Enclosed please find: general application, aerial map of {Jroperties showing boring route.and other supporting documents. Sincer Tris Salomon, MS, RD, CD, MA Administrator Gabriels-Villa, Inc. Bethel Horne Carmel Residence Elijah`s Place 'Gabriel's Villa Si,meahna Apartments Eden Rehabilitation' Suites and Green,House® Homes Bethel Foundation rl ❑'1 f it _ ? III am MINIM f f 5 • 2f { � x . i Ej I LOMBARD AVE z ❑'1 y 5 l/7 o� Fm II SOUTHLAND AVE Oro III am MINIM f IF . I Ej I z y 5 l/7 o� Fm II SOUTHLAND AVE �1 SKYVILVV Aft QI Iii F w F 11.E a EM Oro f F . i Ej I �1 SKYVILVV Aft QI Iii F w F 11.E a EM btill-It '� L 1S R qTE: F ! 0Mk all Lon WITZEL AVE EDr ©�o The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map {sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS ".without warranties of any kind and the City of Oshkosh assumes no liabilfty for use or misuse. QSQS_Base_MapsTianning Base Map.inxd N 1 in =0.06 m€ in = 300 ft Printing Date: 612612094 Prepared by, City of Oshkosh, WI ..........rF '4 & %2 O.fHKO.fH ON THE WATER User: a! f F Uj W z btill-It '� L 1S R qTE: F ! 0Mk all Lon WITZEL AVE EDr ©�o The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map {sydatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS ".without warranties of any kind and the City of Oshkosh assumes no liabilfty for use or misuse. QSQS_Base_MapsTianning Base Map.inxd N 1 in =0.06 m€ in = 300 ft Printing Date: 612612094 Prepared by, City of Oshkosh, WI ..........rF '4 & %2 O.fHKO.fH ON THE WATER User: a! 1 in = 0.11 mi N r 1 in = 600 ft The City of Oshkosh creates and maintains GIB maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. printing bate: 6%2612014 �,J H��f H These map (s)/datasets are provided for infortnafion purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "A8 -IS' without prepared by: City of Oshkosh W1 ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGIMIS, Base _MapsTlanning Base Map.mxd User. andreas Base Map.mxd N 1 in = 0,64 mi 1 in = 200 ft Printing Date: 612612014 Prepared by: City of Oshkosh, WI O.fHKOfH oN THE WATER