HomeMy WebLinkAbout05. 20-36 JANUARY 28, 2020 20-36 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN THE STREET FOR A GROUNDWATER
MONITORING WELL AT THE NORTH 100-200 BLOCKS OF EAST
PACKER AVENUE
INITIATED BY: GENERAL ENGINEERING COMPANY
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
General Engineering Company and its contractors, a privilege in street for groundwater
monitoring well within public right of way at the north 100-200 Blocks of E. Packer
Avenue, 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 bodies.
4. The petitioner shall provide to the City in writing notice of the structures
abandonment.
JANUARY 28, 2020 20-36 RESOLUTION
CONT'D
5. Petitioner shall provide copies of information and materials related to the
monitoring well on City property that are also submitted to the Wisconsin
6. Department of Natural Resources and/or the U.S. Environmental Protection
Agency.
7. 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.
8. All appropriate permits, including but not limited to right-of-way permits, are
obtained prior to the start of the monitoring well placement.
9. The petitioner expresses the potential for additional contingency monitoring wells
based on findings of the initial monitoring well. If additional monitoring wells
are required, proposed well location(s) shall be submitted to the Department of
Public work for review prior to placement of said monitoring well(s). Additional
wells shall be located within the project area indicated on the submitted site plan.
10. 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.
II. 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.
12. 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.
13. The facility is part of and documented with Digger's Hotline system.
14. 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.
JANUARY 28, 2020 20-36 RESOLUTION
CONT'D
15. Petitioner shall notify property owner adjacent to the right-of-way terrace two
days prior to commencement of well installation per language in the Privilege in
the Street Agreement.
16. Petitioner or representative party there of performing the work for installation
with the City shall coordinate the time at which said well installation shall occur
to notify Engineering Staff such that City staff shall be present prior to the time of
installation to officially verify the proposed well location as acceptable within the
Exhibit A location and any additional wells which may follow for further testing
perimeter determination.
•
CIt
Oi
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Service Manager
DATE: January 23,anua 2020
RE: Grant Privilege in the Street for a Groundwater Monitoring Well at the North
100-200 Blocks of East Packer Avenue (Plan Commission Recommends
Approval)
BACKGROUND/ANALYSIS
The WIDNR has contracted with General Engineering Company to oversee installation of one
two-inch monitoring well in the terrace area of E. Packer Avenue. The purpose of the
monitoring well is to define the extent of ground water contamination emanating from
underground storage tanks at the Witzke Electric property, 155 E. Packer Avenue. The precise
location of the well will be determined the day of the well installation after drilling two soil
borings on the Witzke property to observe the direction of ground water flow. It is anticipated
the well will be placed just east of the driveway leading to the Oshkosh Corporation property.
Based on the findings from the monitoring well, additional wells may be required. The
requirement for placing additional wells will be to coordinate with the Department of Public
Works to determine the precise location and obtain necessary permits. The monitoring well(s)
will be installed as not to disrupt traffic on E. Packer Avenue. The duration of the investigation
is anticipated to take two years. Afterwards, the well(s) will be abandoned per WIDNR,USEPA
and City of Oshkosh requirements.
RECOMMENDATION
The Plan Commission recommended approval of the granting privilege in the street with
conditions at its January 21, 2020 meeting. Please refer to the attached staff report and meeting
minutes for more details.
Respectfully Submitted, Approved:
Mark L ons Mark A. Rohloff
Planning Services Manager City Manager
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 THE NORTH 100-200 BLOCKS OF E. PACKER
AVENUE
Plan Commission meeting of January 21, 2020.
GENERAL INFORMATION
Applicant: General Engineering Company
Owner: City of Oshkosh
Action Requested:
General Engineering Company by request of the Wisconsin Department of Natural Resources
(WIDNR) is applying for a 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:
The WIDNR has contracted with General Engineering Company to oversee installation of one
two-inch monitoring well in the terrace area of E. Packer Avenue. The purpose of the monitoring
well is to define the extent of ground water contamination emanating from underground storage
tanks at the Witzke Electric property, 155 E.Packer Avenue. The precise location of the well will
be determined the day of the well installation after drilling two soil borings on the Witzke
property to observe the direction of ground water flow. It is anticipated the well will be placed
just east of the driveway leading to the Oshkosh Corporation property.
Based on the findings from the monitoring well, additional wells may be required. The
submitted map shows the extents of the project area within the terrace to allow placement of
additional wells if needed. This will negate the need to for the applicant to reapply for additional
privilege requests. The requirement for placing additional wells will be to coordinate with the
Department of Public Works to determine the precise location and obtain necessary permits.
The monitoring well(s) will be installed as not to disrupt traffic on E. Packer Avenue. The wells
will be constructed of two-inch PVC pipe with ten-foot slotted screen within an eight-inch
borehole approximately 13 feet deep. A cast iron cover will cap the well flush mounted to the
surface. The duration of the investigation is anticipated to take two years. Afterwards, the
well(s) will be abandoned per WIDNR, USEPA and City of Oshkosh requirements.
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.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the request for privilege-in-the-street 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 bodies.
4. The petitioner shall provide to the City in writing notice of the structures abandonment.
5. 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.
6. 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.
7. All appropriate permits,including but not limited to right-of-way permits, are obtained
prior to the start of the monitoring well placement.
8. The petitioner expresses the potential for additional contingency monitoring wells based
on findings of the initial monitoring well. If additional monitoring wells are required,
proposed well location(s) shall be submitted to the Department of Public work for review
prior to placement of said monitoring well(s). Additional wells shall be located within the
project area indicated on the submitted site plan.
9. 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.
10. 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.
11. 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.
12. The facility is part of and documented with Digger's Hotline system.
13. 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.
Item-Privilege in Street—100-200 Blocks of E.Packer Avenue
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.
Site Inspections: Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
General Engineering Company by request of the Wisconsin Department of Natural Resources
(WIDNR) is applying for a privilege-in-the-street to allow for installation of one groundwater
monitoring well in City right-of-way.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. The WIDNR has contracted with General Engineering
Company to oversee installation of one two-inch monitoring well in the terrace area of E. Packer
Avenue. The purpose of the monitoring well is to define the extent of ground water
contamination emanating from underground storage tanks at the Witzke Electric property, 155 E.
Packer Avenue. The precise location of the well will be determined the day of the well
installation after drilling two soil borings on the Witzke property to observe the direction of
ground water flow. Based on the findings from the monitoring well, additional wells may be
required. The requirement for placing additional wells will be to coordinate with the
Department of Public Works to determine the precise location and obtain necessary permits. He
said there were two conditions that were added. He explained staff thought it was prudent for
the applicant to notify the neighbor adjacent to the terrace prior to construction and staff is also
conditioning that Engineering Staff be present during the installation. He said staff recommends
approval of the request for privilege-in-the-street with the conditions listed in the staff report.
Mr. Fojtik opened technical questions to staff.
Mr.Mitchell asked what the steps would be if water pollution is detected. He questioned if there
would be additional public notice or if it would have broader implications.
Mr. Gierach replied it would go to the DNR to figure out what the contaminations are and what
they would need to do for it. He said as part of the request staff is adding the condition that the
applicant notify city staff so they are aware. He reiterated any notification requirements would
be handled by the DNR.
Ms. Palmeri asked what prompted this by the Witzke property and if it had anything to do with
them having underground storage tanks. She also asked if there were underground storage
tanks at the Oshkosh Corporation property and if so, would these wells monitor those tanks.
Mr. Nau answered this investigation does not cover the Oshkosh Corporation's property. He
explained there must be some sort of history where the DNR was made aware that there were
underground storage tanks at some point and maybe some evidence of contamination and are
now investigating the extent of the contamination. He stated the narrative did not address how it
was originated.
Item-Privilege in Street—100-200 Blocks of E.Packer Avenue
Ms. Palmeri asked again if there were underground storage tanks at the Oshkosh Corporation
site.
Mr. Nau replied he did not know.
Mr. Hinz asked if the wells were on both sides of the driveway to determine groundwater flow.
Mr. Nau replied affirmatively. He said based on the findings of the test borings, the applicant is
using a broad area to ensure all bases are covered.
Ms. Palmeri asked if Mr. Nau had a map of the phone.
Mr. Nau said he did not. He said he thinks that is part of the reason for the request, to determine
if there is a plume.
Mr. Fojtik asked if there were 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 Ford to adopt the findings and recommendation as stated in the staff report with the two
additional conditions.
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 bodies.
4. The petitioner shall provide to the City in writing notice of the structures abandonment.
5. 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.
Item-Privilege in Street—100-200 Blocks of E.Packer Avenue
6. 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.
7. All appropriate permits, including but not limited to right-of-way permits, are obtained
prior to the start of the monitoring well placement.
8. The petitioner expresses the potential for additional contingency monitoring wells based on
findings of the initial monitoring well. If additional monitoring wells are required,
proposed well location(s)shall be submitted to the Department of Public work for review
prior to placement of said monitoring well(s). Additional wells shall be located within the
project area indicated on the submitted site plan.
9. 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.
10. 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.
11. 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.
12. The facility is part of and documented with Digger's Hotline system.
13. 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.
14. Petitioner shall notify property owner adjacent to the right-of-way terrace two days prior
to commencement of well installation per language in the Privilege in the Street
Agreement.
15. Petitioner or representative party there of performing the work for installation with the
City shall coordinate the time at which said well installation shall occur to notify
Engineering Staff such that City staff shall be present prior to the time of installation to
officially verify the proposed well location as acceptable within the Exhibit A location and
any additional wells which may follow for further testing perimeter determination.
Seconded by Kiefer.
Mr. Fojtik asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
Item-Privilege in Street—100-200 Blocks of E.Packer Avenue
SUBMIT TO:
City of Oshkosh Dept.of Community Development
215 Church Ave.,P.O.Box 1130
ciiyot General Application Oshkosh,WI 54901
Oshkosh PHONE:(920)236-5059
"*PLEASE TYPE OR PRINT USING BLACK INK**
t
APPLICANT INFORMATION
o
Petitioner: .,,.c,rE ti E, �rli ,.... .r,. 3 (_, L„ , Date: l t t
Petitioner's Address: rC� (� - �sL .—City: r' State: Zip
Telephone#:(U,3 JW,� tCe `) Fax:(lcc)J `1L) 3 `'t-.)- Other Contact#or Email,t.16S-Cy �" )
Pry
Status of Petitioner(Please Check): n Owner epre entative i Tenant ! Prospective Buyer
Petitioner's Signature(required)�_'D,� Z / Date: I- e
OWNER INFORMATION
r t, ! � � � �
Owner(s): '�L `:;. � �- �jr ,y, �fl-ram} i;s� .Dafie:_._
J
Owner(s) Address: > d- < i^ City:' L,44State:t4 _zip: �` iD i
_
Telephone#:(j ��)`3" ` --'t`l`i l Fax:( ) �ti' ) Other Contact#or Email: - 4 6?� 1 Cc
r
Ownership Status(Please Check): V�Individual r_t Trust Partnership C;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:.-�T" ; G�-"`�� �' . � a ' ' 614 _Date: FJ
TYPE OF REQUEST:
13 Access Control Variance
❑Easement
Privilege in Street(identify)
O Other(identify) a
SITE INFORMATION
Address/Locatfon of Proposed Project: _
I
Proposed Project Type _Ll"J4 l fc,f ;�") c #mot— 0,,-,r1,f�)r zs
Current Use of Property Inc c k - Zoning:
j Land Uses Surrounding Your Site: North: ' `A1 L 2i�,
G I South:
East:
West: t '=c
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 wvw,ci.oslikosf).wi.us/Cornmuniiy-.Development/Picnning,htrii
f
Staff Date Rec'd
r Page 3
Nau, Jeff
From: Beth Erdman <berdman@generalengineering.net>
Sent: Wednesday, December 11, 2019 9:04 AM
To: Nau,Jeff
Cc: Slusarek, Brian E.
Subject: Privilege in the Street for Packer Ave ROW Monitoring Well Installation
Attachments: Proposed Monitoring Well Location Map.pdf, General Application.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good Morning Jeff,
Thank you for sending over the information for the above.
Attached you will find the Privilege Request including a map and description of the work proposed below. Does this also
need to be mailed to the address on the form? Also, is there a way for us to pay the fee either over the phone or
electronically? If so I would like to take care of that today and please send me the contact information to do that. If
only a check is accepted please let me know where and to who's attention I send that? GEC wants to make sure to get
this in for the December 16'deadline if possible. Also, it appears most of the check boxes on the second page of the
form for submittal requirements do not apply to this project as it is very limited in scope(1-2inch monitoring well). If
the below description is not sufficient, please let me know and I am happy to provide whatever else you need.
Proposed Scope:
General Engineering Company is requesting access to oversee the installation of one 2-inch groundwater monitoring
well in the terrace right-of-way of East Packer Avenue across from 155 E Packer Avenue (Witzke Electric). The well is
being installed as required by the Wisconsin Department of Natural Resources(WDNR)to further define the extent of
groundwater contamination associated with a former underground storage tank system at the Witzke Electric
property. The location of the well in the terrace ROW will be determined the day of drilling by two borings installed on
the Witzke Electric site to determine the direction of groundwater flow in the direction of Packer Avenue. Depending on
what is found in those borings the specific location across the street(east or west)will be determined at that time. It is
anticipated that the well will be located just east of the apron to the Oshkosh Corporation entrance with location
dependent on utilities identified by the locate. If based on the results of the well installation,additional wells are
necessary in the ROW,the attached Proposed Monitoring Well Location Map also includes not only the location of the
proposed well to be installed, but the area it is anticipated that any additional wells will be located. Additional wells
would be installed on a different date than associated with this request and the City notified for approval prior to
installation.
The wells will be installed by an drill rig capable of fitting on the terrace, not to obstruct traffic on Packer Avenue. The
wells will be constructed of 2-inch PVC with 10 ft slotted screen in an 8 inch borehole backfilled with sand filter pack and
bentonite seal. The wells will extend to depth of approximately 13 feet and will have a cast iron cover flush with the
surrounding grass surface to allow mowing. Installation of the well will be completed in less than one day's
time. Sampling of the well will be conducted until the site is closed, resulting in the well being present in the E Packer
Ave ROW for up to two years.
Thank you again Jeff and if you need anything else,do not hesitate.
Beth
i
Page 4
Beth A. Erdman
Environmental Project Manager I General Engineering Company
916 Silver Lake Drive I PO Box 340 1 Portage, WI 53901
P 608-742-2169 1 F 608-742-2592 1 C 608-697-8004
berdman(aigeneralengineerincq.net
www.generalengineering.net
GENERAL ENGINEERING COMPANY ELECTRONIC FILE NOTICE AND DISCLAIMER
This email and any electronic media transmitted with it are provided solely for the use of the addressee. Data,plans,specifications,reports,documents,and other information recorded on
or transmitted as electronic media are subject to undetectable alteration,either intentional or unintentional,due to,among other causes,transmission,conversion,media degradation,software
error,or human alteration.Accordingly,all such documents recorded on or transmitted as electronic media are being provided to the addressee for informational purposes only,and not as
an end product or as a record document.Any reliance on documents recorded on or transmitted as electronic media is deemed to be unreasonable and unenforceable. The hard copy
drawings)or other original document(s)produced by GENERAL ENGINEERING COMPANY are the only true contract documents of record. Documents recorded on or transmitted
as electronic media may not be used on other projects,other additions to this project,or by third parties without the express written permission of GENERAL ENGINEERING COMPANY. Any
unauthorized modification or reuse of the transmitted electronic media shall be at addressee's sole risk,and addressee agrees to defend,indemnify,and hold GENERAL ENGINEERING
COMPANY harmless for all claims,injuries,damages,losses,expenses and attomeys'fees arising out of the unauthorized modification or use of such electronic media.
The addressee understands that the use of any project related electronic media constitutes acceptance of the above conditions.
If you have received this email in error please notify the system manager. Finally,the recipient should check this email and any attachments for the presence of viruses.The company
accepts no liability for any damage caused by any virus transmitted by this email.
2
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 12/17/2019 information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 12/17/2019 information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI Oshkosh
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