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Request by Sarah Hillenbrand, Mandel Group for encroachments within the public right-of-way adjacent to the proposed Harlow and Hem redevelopment at 7470 Blanchard Street
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Submitted by:
Jennifer Stilling
Department
Public Works (Engineering Services Division)
A. Issue
The applicant is requesting an encroachment for the following items to be installed within the public right-of-way adjacent to the proposed Harlow and Hem redevelopment at 7470 Blanchard Street:
• Construction tie-back rods under the Wauwatosa Ave
• Electrical transformers and screening fence, benches, bike racks, and landscaping along the north side of Blanchard Street and east side of Wauwatosa Avenue
B. Background/Options
The justification for the encroachments is explained in the attached memorandum provided by the applicant. The encroachment areas are noted on the attached exhibits. Staff does not have any comments or concerns regarding the proposed electrical transformers, screening fence, benches or bike racks encroachments.
The proposed construction tie-back rods will be located within a 100 feet long area on the east side of Wauwatosa Avenue adjacent to the proposed redevelopment. The maximum expected length of the tie-back rods is 35 feet. A typical cross section of the tie-back rods in relation to the depth of the existing utilities in Wauwatosa Avenue is provided in an attached exhibit. No conflicts with existing City utilities are expected. After construction is complete, the tie-back rods will be left in place. An as-built of the tie-back rods must be submitted to the Engineering Services Division prior to final occupancy of the building so that Engineering has a record of tie-back locations and depths.
While Staff does not object to landscaping installation in the terrace area between the back of curb and front of sidewalk on the north side of Blanchard Street, there are concerns about landscaping maintenance due to street snow removal operations and salt usage during the winter. The standard City encroachment document does include language that requires the applicant to be responsible for any maintenance of the proposed encroachment and shall keep it all times in good repair. However, due to the likelihood of future maintenance issues and concerns with placing landscaping in this area, it is staff’s recommendation that the applicant should be charged a deposit to fund future replacement costs. Language may be added to the standard encroachment agreement that the applicant is being charged a deposit, and that the city shall have the right at any time in the future, if the condition becomes unsightly or deteriorated, to use those funds to replace the plantings. If the actual costs exceed the amount available on deposit, the City can charge the applicant the excess as a special charge against the property, which could be placed on next tax bill if not paid immediately. The deposit shall be equal to the total cost of plant material and installation in the area of concern. Aluminum edging will be required for all landscaped area adjacent to the public sidewalk.
C. Strategic Plan (Area of Focus)
Economic Development and Financial Resilience
D. Fiscal Impact
No impact to the City of Wauwatosa
E. Recommendation
Staff recommends that the Board of Public Works allow the proposed encroachments adjacent to 7470 Blanchard Street with the following conditions:
• Engineering Services Division review and approval of the construction tie-back rods.
• As-builts of the construction tie-back rods provided to the Engineering Services Division.
• Public Works Department review and approval of the proposed landscaping species within the Blanchard Avenue right-of-way.
• Added language to the standard encroachment agreement requiring a deposit for maintenance of the proposed landscaping encroachment within the north side of the Blanchard Avenue right-of-way. Added language shall be subject to approval by the City Attorney.
• Execution of a hold-harmless agreement.
recommendation
Recommendation: Common Council