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HomeMy WebLinkAbout15. 19-454 AUGUST 13, 2019 19-454 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO THE SIGMA GROUP, INC. FOR A GROUNDWATER MONITORING WELL AT EAST CUSTER AVENUE AND GRAND STREET INITIATED BY: THE SIGMA GROUP, INC. PLAN COMMISSION RECOMMENDATION: Approved w/conditions 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 Sigma Group Inc. and its contractors, a privilege in street for installation of a monitoring well at East Custer Avenue and Grand Street, per the attached, with the following conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the monitoring well within the public right-of-way. The Department of Public Works shall approve the precise location, but the approval shall not be unreasonably denied. 3. When the monitoring well is abandoned, it shall be removed no less than thirty- six (36) inches below the surface, and then abandoned according the requirements of the Wisconsin Department of Natural Resources, or the U.S. Environmental Protection Agency, or other applicable regulatory body. 4. Petitioner shall provide copies of information and materials related to the monitoring well on City property that are also submitted to the Wisconsin Department of Natural Resources and/or the U.S. Environmental Protection Agency. AUGUST 13, 2019 19-454 RESOLUTION CONT'D 5. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street. Any problem that may arise as a result of the installation of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 6. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the monitoring well placement. 7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence 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 may result in the revocation of the privilege in street within ten (10) days of notice. 9. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 10. The facility is part of and documented with Digger's Hotline system. 11. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. t, Apr, r,f Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: August 8, 2019 RE: Approve Granting Privilege in Street to The Sigma Group, Inc. for a Groundwater Monitoring Well at East Custer Avenue and Grand Street (Plan Commission Recommends Approval) BACKGROUND/ANALYSIS In 2017, Sigma Group, Inc. identified subsurface impacts at the former Waite Grass Rug site located at 1402 Mount Vernon Street. They previously obtained a privilege in the street for three groundwater monitoring wells in 2017. The investigation was to monitor groundwater contamination from the Waite site. Sigma Group, Inc. must now expand their area of investigation. This further assessment of contamination is required by state statute. For this analysis, one groundwater monitoring well is proposed to the southeast of the Waite Grass Rug site to evaluate off-site groundwater quality. The well will be installed just below ground surface and protected with flush mount covers level with the ground surface. When it is determined that the monitoring well is no longer needed, the well will be abandoned in accordance with Wisconsin Administrative Code and the ground surface restored to the extent practical. The petitioner will coordinate with the Department of Public Works to ensure no conflicts with City utilities. RECOMMENDATION The Plan Commission recommended approval of granting a privilege in the street with conditions at its August 6, 2019 meeting. Respectfully Submitted, Approved: ,111.(c I,. Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager/ Director of Administrative Services City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: GRANT PRIVILEGE IN THE STREET FOR A GROUNDWATER MONITORING WELL AT EAST CUSTER AVENUE AND GRAND STREET Plan Commission meeting of August 6, 2019 GENERAL INFORMATION Petitioner: The Sigma Group, Inc. Owner: City of Oshkosh Action Requested: The Sigma Group, Inc., on behalf of Oshkosh Housing Authority, is requesting privilege-in-the- street to allow for installation of one groundwater monitoring well in City right-of-way. Applicable Ordinance Provisions: N/A 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: In 2017, Sigma Group,Inc. identified subsurface impacts at the former Waite Grass Rug site located at 1402 Mount Vernon Street. They previously obtained a privilege in the street for three groundwater monitoring wells in 2017. The investigation was to monitor groundwater contamination from the Waite site. Sigma Group, Inc.must now expand their area of investigation. This further assessment of contamination is required by state statute. For this analysis, one groundwater monitoring well is proposed to the southeast of the Waite Grass Rug site to evaluate off-site groundwater quality. Privilege-in-the-street is required for the monitoring well as it will be installed in the following location in the public right-of-way: 1. Within the northeast corner of the intersection of the Grand Street and East Custer Avenue right-of-ways. The well will be installed just below ground surface and protected with flush mount covers level with the ground surface. When it is determined that the monitoring well is no longer needed, the well will be abandoned in accordance with Wisconsin Administrative Code and the ground surface restored to the extent practical. The petitioner will coordinate 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. I I E RECOMMENDATION/CONDITIONS t I E E Staff recommends approval of the request for privilege-in-the-street with the following conditions: E i E 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh,Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the monitoring well within the public right-of-way. The Department of Public Works shall approve the precise location,but the approval shall not be unreasonably denied. 3. When the monitoring well is abandoned, it shall be removed no less than thirty-six (36) inches below the surface, and then abandoned according the requirements of the Wisconsin Department of Natural Resources, or the U.S. Environmental Protection Agency, or other applicable regulatory body. 4. Petitioner shall provide copies of information and materials related to the monitoring well on City property that are also submitted to the Wisconsin Department of Natural Resources and/or the U.S. Environmental Protection Agency. 5. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street.Any problem that may arise as a result of the installation of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 6. All appropriate permits,including but not limited to right-of-way permits, are obtained prior to the start of the monitoring well placement. 7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence 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 may result in the revocation of the privilege in street within ten(10) days of notice. 9. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 10. The facility is part of and documented with Digger's Hotline system. 11. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. The Plan Commission approved of the request for privilege-in-the-street as requested with conditions noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: No commissioners reported visiting the site. Staff report accepted as part of the record. Item-E.Cuter Ave.&Grand St.—Privilege in Street The Sigma Group,Inc., on behalf of Oshkosh Housing Authority, is requesting privilege-in-the- street to allow for installation of one groundwater monitoring well in City right-of-way. f Mr. Wiley presented the item and reviewed the site and surrounding area. In 2017, Sigma Group, Inc. identified subsurface impacts at the former Waite Grass Rug site located at 1402 Mount Vernon Street. They previously obtained a privilege in the street for three groundwater monitoring wells in 2017. The investigation was to monitor groundwater contamination from the Waite site. Sigma Group,Inc.must now expand their area of investigation. This further assessment of contamination is required by state statute. For this analysis,one groundwater monitoring well is proposed to the southeast of the Waite Grass Rug site to evaluate off-site groundwater quality. The well will be installed just below ground surface and protected with flush mount covers level with the ground surface. When it is determined that the monitoring well is no longer needed,the well will be abandoned in accordance with Wisconsin Administrative Code and the ground surface restored to the extent practical. Mr.Wiley stated staff recommends approval of the request for privilege-in-the-street with conditions as noted in the staff report. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik asked for any public comments 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 public comments 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. Conditions: 1. The Petitioner shall follow all of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The Petitioner shall work with the Department of Public Works regarding the precise location of the monitoring well within the public right-of-way. The Department of Public Works shall approve the precise location, but the approval shall not be unreasonably denied. 3. When the monitoring well is abandoned, it shall be removed no less than thirty-six(36) inches below the surface, and then abandoned according the requirements of the Wisconsin Item-E.Custer Ave.&Grand St.—Privilege in Street Department of Natural Resources, or the U.S. Environmental Protection Agency, or other applicable regulatory body. 4. Petitioner shall provide copies of information and materials related to the monitoring well on City property that are also submitted to the Wisconsin Department of Natural Resources and/or the U.S. Environmental Protection Agency. 5. Petitioner is responsible for costs, expenses, and damages to the extent they are related to Petitioners activities pursuant to the Privilege in the Street.Any problem that may arise as a result of the installation of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 6. All appropriate permits, including but not limited to right-of-way permits, are obtained prior to the start of the monitoring well placement. 7. The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City of Oshkosh, and its officers, Council members, agents, employees and authorized volunteers as additional insured's with a minimum commercial general liability coverage of$200,000 per occurrence 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 may result in the revocation of the privilege in street within ten (10) days of notice. 9. The petitioner shall enter into a privilege in the street agreement that will formalize the agreement between the City and the petitioner. The agreement shall include these conditions, and City staff is also authorized to include additional conditions that are in the best interests of the City. 10. The facility is part of and documented with Digger's Hotline system. 11. The Petitioner shall take into consideration the City's use of the right-of-way and as a result plan its actions to provide the least amount of disruption that is reasonably possible. Seconded by Palmeri. Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 8-0-1 (Abstain:Mitchell). Item-E.Custer Ave.&Grand St.—Privilege in Street SUBMIT TO: City Of Oshkosh Dept,of Community Development City 215 Church Ave.,P.O.Box 1 130 °' General Application Oshkosh,W154901 Oshkosh PHONE:(920)236-5059 "*PLEASE TYPE OR PRINT USING BLACK INK** 1 i APPLICANT INFORMATION �, �{1I ` Petitioner: Da#e: Petitioner's Address: �r 1_�t f�J d 1 � City: f State: ` Zip: '2'>' F Telephone#: ()lpi) r ( 3 Ll 2 G7(1 Fax: (114 b)) 1 i 'f 1 Other Contact# or Email: Status of Petitioner(Please Check): ❑{OOw.nerr XRepresentative ❑Tenant ❑ Prospective Buyer S UA 0kc/ vvc . 0 q f� Petitioner's Signature (required): Date: OWNER INFORMATION Owner's): Date: Owner(s)Address: City: State: Zip: Telephone#: ( ) Fax: ( j Other Contact#or Email Ownership Status (Please Check): ❑Individual ❑Trust D Partnership ❑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) f ddC fit )It 9 ,. VtAy ❑Other (identify) SITE INFORMATION Address/Location of Proposed Project (2`11 C'tdAJ �,� (, � 1` r�� »P A /1- jY Proposed Project Type: Current Use of Property: PU ~G� 1 W( Zoning: Land Uses Surrounding Your Site: North: (Z@SI Qn�i1� South: EI t lA East: West: > 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 RECEIVED Staff db�i6 4 d?-019 C054timi ll ' 'DEVIF3&)4).IAJ' `s f I m 42SIGI Single Source.Sound Solutions. Ci R 0 U P June 18, 2019 Project Reference #17069 E Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54901 RE: Privilege in Street Application One Groundwater Monitoring Well Right of Way — Grand Street and East Custer Avenue Oshkosh, Wisconsin The Sigma Group, Inc., (Sigma) has prepared this application on behalf of Oshkosh Housing Authority to obtain a Privilege in Street permit to install one groundwater monitoring well within the right of way near the intersection of Grand Street and East Custer Avenue in Oshkosh, Wisconsin. I Sigma has identified subsurface impacts at the former Waite Grass Rug site located at 1402 Mt Vernon Street in Oshkosh, Wisconsin. CVOC constituents at concentrations greater than WDNR Enforcement Standards (ESs) and Preventive Action Limits (PALs) have been detected within the groundwater sample collected from groundwater monitoring well MW-7 (located off-site, within the Custer Avenue right-of-way). Further assessment of the degree and extent of these impacts is required by State statute ch. NR 716. Therefore, one groundwater monitoring well is proposed to be installed in the intersection of the Grand Street and East Custer Avenue right-of-ways (ROWS) to assess if the groundwater contaminant plume is expanding/migrating, and off-site vapor risk to the buildings located to the southeast of the site may develop. The proposed monitoring well will be located downgradient (southeast) of MW-7. Location is shown on Figure 1. The final location of the well will be dependent upon underground utility corridors, accessibility, etc. A summary of the proposed monitoring well location is as follows: • The monitoring well is proposed to be installed within the northeast corner of the intersection of the Grand Street and East Custer Avenue ROWs. The proposed well will be installed in accordance with Wisconsin Administrative Code ch. NR 141 . The monitoring well will be installed using hollow stem auger (HSA) drilling techniques to an anticipated depth of approximately 15 feet below ground surface (bgs). The monitoring well will consist of a 10-foot length of 2-inch diameter PVC well screen connected to approximately 5 feet of 2-inch diameter PVC riser. The well will each be completed just below ground surface and protected with a flush mount cover level with ground surface. When it is determined that the monitoring well is no longer needed, the well will be abandoned in accordance with ch. NR 141 and the ground surface restored to the extent practical. 1300 West Canal Street I Milwaume,WI 532,33 414-64 3-4200 414-643-4210 1 www.thesigmagroup.com Page 4 I f gf k (E Privilege in Street Application June 18, 2019 k Page 2 Should you have any questions regarding this application, please feel free to contact us at ' 414-643-4200. Sincerely, i THE SIGMA GROUP, INC. Steven Kikkert, E.I.T. Kristin Kurzka, P.E. Staff Engineer Senior Engineer cc; Susan van Houwelingen, Oshkosh Housing Authority I I:\Oshkosh Housing Authority\17069-Waite Grass Rug Site\080 Outgoing Correspondence\2019 ROW Permit\17069_Privilege in Street Application Letter.docx Page 5 W r m J vvi; 1O LU Z a V) _ Qua o Graricl St "et I­ o W V) CL m — u o 770 a. _ o � o � � 00 V 0 v n. a Lo' i , µ41 VK P, n i " 3 Q ® e NLn G < w THE r M , 5 W: 51„ � x r � t Vernon;Street ; U Vi fid swusuw:•w� w�srsonss le w..+a� Rx..smsiu«a.n.wwn.wu:w.uw� mo�.o.w� swu:uswa I Page 6 �eLu,:a)5L'a pxi:rajgdtugdealuPida8SU01sciwtijo uei ,a{el^ui01dey weld all;u0lsSMAU00uFldARAMldSg1:^ so s o/1 :A aaeda� IM u �i4 O l l,� q p d iawiaosi sn•irn• so so•io•n�nvm 't��** 'I �+� I .suod y ply JC� S oa o6 asea�d -uo'ws�p pn} �a� tse:nooe 6w,f�uan �o} a�gisuodsa: aye uogew�o�ui 6 bOZI£!L:a?ea 6ugulad ay 6uisn aso uogew:o ui a o heinooe a jo i i ei ou sawnsse so o i a yl J . 1 y4 ! �l.l.q ,I y >EySO ! ia,� yl ?1 pue'Aluo sasodmd uogeogguapi jeiaua6:o}pasn aq 01 papualui a:e e}ep pue sdew ysojysO JO kl!O 11 OZI_ul C) H W Cl W m OZC t� .. fY'EYt�.,_...._ t EM 9l f24 O .HE'fiZL OOZt 8Z£x A 2El c V .0�I 'OZL, •. .p. .ft i r ;xtet ... 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Those using the of information are responsible for verifying accuracy, For full disclaimer please go to Printing Date:713 2019 � �t K J c www.ci,oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI w:kG-l&,Plann 4Plan Commission Site Plan Map TemptateyPlan Commission Site Plan Map Te€nplate,mxd Pager m9ak