HomeMy WebLinkAboutItem VII PLAN COMMISSION STAFF REPORT JULY 2,2019
ITEM VII: GRANT FIBER OPTIC EASEMENT AT WILLIAM A. STEIGER PARK,200 OHIO
STREET FOR NORTHERN TELEPHONE AND DATA CORPORATION
GENERAL INFORMATION:
Applicant: Northern Telephone &Data Corp.
Owner: City of Oshkosh
Actions Requested:
The Northern Telephone &Data Corp. (NTD) is requesting the granting of an easement for fiber optic
cable placement on the William A. Steiger Park Property, 200 Ohio Street.
Applicable Ordinance Provisions: N/A
Property Location and Background Information:
William A. Steiger Park is situated on the south shore of the Fox River, east of Ohio Street and north of
Bridgeview Center Office Complex. In 2012, a 750-foot segment of the Oshkosh Riverwalk was
constructed through the property along with benches,lighting and other amenities.
In the spring of this year, the Department of Community Development was notified Northern
Telephone &Data Corporation(NTD) installed conduit for fiber optic cable, assuming the park was
public right-of-way. The park is not public right-of-way,but private property owned by the City of
Oshkosh. Placement of utilities not owned by the City requires an easement for placement of said
utilities on City property.
ANALYSIS
This is an after-the-fact request as the conduit for the fiber optic has already been installed. Staff
contacted NTD's engineering consultant to request detailed drawings showing the location of the
placed conduit as well as other city and private utilities. Per the applicant's submittal, the conduit was
placed, more or less,north of and along the southwesterly lot line of the park property ranging from
four to twenty feet from the lot line. The conduit is located as close as five feet from city electric lines
providing power to the riverwalk lights.
The proposed easement is shown to be eight feet wide centered on the placed conduit. The easement
begins at the Ohio Street right-of-way and terminates at the easterly lot line of the 230 Ohio Street
property,being approximately 540 feet in total length.
The applicant states they explored several options for placement of the conduit:
1. Placement within private easements along the waterfront side of the commercial
properties. This option was not viable as the corridor is narrow and congested with
other service provides' facilities.
Page 1
2. Placement within private easements on the entrance (front) side of the commercial
properties. Again, this option is not viable due to congestion of existing public and
private utilities and large areas of pavement to contend with.
3. Placement within private easement on the public park property. —This option is the only
viable option as it provides enough unobstructed area for placement of the conduit.
Although the location of the placed conduit may not be ideal as it adds additional structures in an
already congested area, staff agrees this may be the most viable option. Staff does have concerns that
the conduit may interfere with the ability for the City to place structures long term,be it utilities or
park amenities in the future.
The Department of Public Works reviewed the proposed easement and requests easement language
stating all existing and future municipal utilities,whether in an easement or not, shall be superior to
NTD's facilities.
The City Attorney's Office will prepare easement documents which will be recorded at the Winnebago
County Register of Deeds once signed by both parties and approved by the Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the granting of the proposed easement for placement of fiber optic cable
at 200 Ohio Street as requested.
Item VII—Grant Easement-200 Ohio Street 2
Page 2
SUBMIT TO:
AA% City of Oshkosh Dept.of Community Development
215 Church Ave.,P.O.Box 1130
City
of General Application Oshkosh,WI 54901
Oshkosh PHONE:(920)236-5059
**PLEASE TYPE OR PRINT USING BLACK INK**
APPLICANT INFORMATION
Petitioner: Northern Telephone&Data Corporation Date: 6/11/2019
Petitioner's Address: 300 N. Koeller Street City: Oshkosh State: WI Zip: 54902
Telephone#: (920) 426-9192 JFa : (920) 426-3075 Other Contact# or Email: wmiller@ntd.netscarroll@kapitan-eng.com
Status of Petitioner (Please Check): ❑ er X Re entative ❑Tenant Prospective BuyerPetitioner's Signature (required): " Date: 6/21/2019
Consultant for Northern Telephone& Data Corp.
OWNER INFORMATION
Owner(s): City of Oshkosh, PO Box 1130 Date:
Owner(s) Address: 200 Ohio Street (City Park address) City: Oshkosh State: WI Zip: 53902
Telephone #: ( 920) 236-5080 Fax: (920) 232-5316 Other Contact# or Email: RMaurer@ci.oshkosh.wi.us
Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership X 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: Date:
TYPE OF REQUEST:
❑Access Control Variance
® Easement
❑ Privilege in Street(identify)
❑Other(identify)
SITE INFORMATION
Address/Location of Proposed Project:
Proposed Project Type: Underground fiber optic cable in duct along river frontage
Current Use of Property: River walkway and park for public Zoning: I-PD-RFO
Land Uses Surrounding Your Site: North: Fox River
South: River Front business properties
East: City Park
West: Ohio Street
➢ 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.oshkosh.wi.us/Community_Development/Planning.htm
Staff Date Rec'd
Page 3
Easement Request Narrative - Northern Telephone& Data Corp.
The documents contained in this package consisting of Exhibits 1-3 represent a formal easement
request by Northern Telephone and Data Corporation to City of Oshkosh to allow for underground fiber
optic cable in duct which is intended to serve the Foundation Center Condominiums and other
Riverfront properties along the Fox River east of Ohio Street.
The City property in question is a portion of William Steiger Park and consists of river frontage with
public recreational walkway associated benches, lighting,etc.. The Oshkosh City Parks department
maintains this property. City electrical lines and fiber optic cable parallel the walkway as shown on the
enclosed aerial site plan. Various commercial properties(zoned Riverfront Mixed-use) adjoin the City
Park and include Bridgeview Dental, Independence Financial, David Harry, DDS Cosmetic Dentistry,
Foundation Center Condominiums with several financial/property investment firm tenants and finally,
the Division of Community Corrections building to the east.
A relatively narrow utility corridor exists between the buildings listed above and the City Park property.
This utility corridor is fully occupied by buried electric,gas, as well as AT&T,and Comcast
communications cables. Northern Telephone & Data Corp. has multiple customers in the Oshkosh Area
Community building(condominiums)which have requested NTD to provide fiber optic broadband
service as both primary and backup internet plus business voice lines to complement the existing AT&T
communications circuits at this location.
Several routing options were considered for the proposed NTD fiber extension from the Ohio Street
main cable in order to serve the Foundation Center Condominiums as follows:
1. Fiber placement along the rear(north side of the Riverfront properties)on private easement
2. Fiber placement along the front side of the Riverfront properties on private easement
3. Routing along the south line of the City Park property via permit or easement
As outlined above,the narrow congested utility corridor and close proximity of the buildings precludes
option 1. Likewise,the extensive, paved parking area,concrete sidewalks,electrical lighting.
landscaping presence of municipal water/sanitary easements and numerous service laterals makes
cable placement on the business entrance side of these buildings impractical thus leaving option 3 as the
obvious last resort for NTD's fiber facility.
Page 4
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