HomeMy WebLinkAbout26. 19-402 JULY 9, 2019 19-402 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT FIBER OPTIC EASEMENT TO NORTHERN TELEPHONE
AND DATA CORPORATION; WILLIAM A. STEIGER PARK, 200
OHIO STREET
INITIATED BY: CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized and directed to grant North Telephone and Data
Corporation,fiber optic easements through William A. Steiger Park,per the attached, and
the proper City officials are hereby authorized and directed to execute any and all
documents necessary for purposes of same.
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: July 3, 2019
RE: Grant Fiber Optic Easement to Northern Telephone and Data Corporation;
William A. Steiger Park, 200 Ohio Street (Plan Commission Recommends
Approval)
BACKGROUND
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 and this option
was the only viable option as it provides enough unobstructed area for placement of the
City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us
conduit. There are 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.
RECOMMENDATION
The Plan Commission recommended approval of the granting of the proposed easement at its
July 2, 2019 meeting.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
City Hall,215 Church Avenue P.O. Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
ITEM: GRANT FIBER OPTIC EASEMENT AT WILLIAM A. STEIGER PARK,200 OHIO
STREET FOR NORTHERN TELEPHONE AND DATA CORPORATION
Plan Commission meeting of July 2, 2019
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.
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.
The Plan Commission approved of the granting of the proposed easement for placement of fiber optic
cable as requested. The following is the Plan Commission's discussion on this item.
Site Inspections Reports: No commissioners reported visiting the site.
Staff report accepted as part of the record.
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.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the reason for the
easement. In the spring of this year, the Department of Community Development was notified NTD
installed conduit for fiber optic cable, assuming the park was public right-of-way. This is an after-the-
fact request as the conduit for the fiber optic has already been installed. The conduit is located as close
as five feet from city electric lines, is eight feet wide centered on the placed conduit and 540 feet in total
length. The applicant states they explored several options for placement of the conduit and this was
the most viable option. 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.
Mr. Fojtik opened technical questions to staff.
Mr. Kiefer asked how conduit was installed without anyone knowing.
Item—Grant Easement-200 Ohio Street 2
Mr. Nau assumed the applicant did a diggers locate prior and it was probably at that time the city's
locater questioned that it was private property and brought it to the city's attention.
Mr. Gierach stated Ray Maurer, Parks Director, indicated it was found in the winter time of last year.
He said he was not sure how it was discovered.
Mr.Mitchell said he does not oppose this but is curious what happens if the Council denies the
easement.
Mr. Lyons replied the conduit would have to be removed.
Mr.Hinz asked if there has to be a condition added or if the verbiage would be added to the mutual
agreement.
Mr. Nau answered the City's Attorney is well aware of the request by Public Works and the verbiage
will be part of the easement document.
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements.
There were no statements from the applicant
There were no public comments on this item.
Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements.
There were no closing statements from the applicant
Motion by Hinz to adopt the findings and recommendation as stated in the staff report.
Seconded by Mitchell.
Mr. Fojtik asked if there was any discussion about the motion.
Ms. Propp commented over the years she has noticed that communication companies do whatever they
want to. She asked if that was accurate.
Mr. Lyons replied there have had similar situations in the past.
Ms. Propp said the companies can do anything they want in the public right-of-way.
Ms. Nieforth clarified it is not public right-of-way but parkland.
Mr. Lyons said the way public right-of-way is treated different from private property for those types of
use. He said that is how this situation arouse, it is because they thought it was public right-of-way and
it was not.
Item—Grant Easement-200 Ohio Street 3
Ms. Propp stated it tends to irritate the Plan Commission when they do not come in for approval and
the Plan Commission is unable to do much about it afterwards.
Mr. Lyons commented there is still a choice Plan Commission and Council are able to make whether
they deny or accept the request.
Mr. Gierach clarified that they were stopped before they put the wiring in and it is only the pipe
conduit that was installed. He said there is conduit there for them to use but if they had to abandon it,
they would and then find a different home.
Mr.Lyons reiterated that it is ultimately the best location for it.
Mr. Fojtik stated that Ms.Propp raises a valid point.
Mr.Perry stated this would be a hard no for him but because of the condition,he will reluctantly be
voting yes.
Mr. Lyons commented the Public Works Department was adamant about the verbiage being part of the
easement document.
Mr. Ford stated he finds it very unlikely that a company based in Oshkosh would not be aware about
what they were doing. He said he wants a desirable solution and will vote yes.
Motion carried 9-0.
Item—Grant Easement-200 Ohio Street 4
TO:
City of Oshkosh Dept.SUBMITof TO:Community Development
City 215 Church Ave..P.O.Box 1 130
of General Application Oshkosh,WI 54901
Oshkosh PHONE:1920)235-5059
"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 Fa : (920) 426-3075 Other Contact# or Email: wmiller@ntd.net
scarroll@kapitan-eng.com
Status of Petitioner (Please Check): rl nerr X Re entaative LiTenant Prospective Buyer
Cryti
Petitioner's Signature (required): 44 Z. - 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
181 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
EXHIBIT 2
NORTHERN TELEPHONE& DATA CORP. UTIUIY EASEMENT
LOCATED IN PARCEL 10600010100
BEING PART OF FRACTIONAL SECTION 23, TOWN 18N, RANGE 6E
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