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HomeMy WebLinkAbout08. 21-376JULY 27, 2021 21-376 RESOLUTION (CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: GRANT PRIVILEGE IN THE STREET FOR A GROUNDWATER MONITORING WELL AT 3530 OMNI DRIVE INITIATED BY: WINNEBAGO COUNTY SOLID WASTE MANAGEMENT BOARD 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 Winnebago County Solid Waste Management Board and its contractors, a privilege in street for a groundwater monitoring well at 3530 Omni Drive, 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. 5. Petitioner shall provide copies of information and materials related to the JULY 27, 2021 21-376 RESOLUTION CONT’D 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: July 22, 2021 RE: Grant Privilege in the Street for a Groundwater Monitoring Well at 3530 Omni Drive BACKGROUND The Winnebago County Solid Waste Management Board (WCSWMB) is applying for Privilege in the Street to allow for installation and monitoring of a groundwater monitoring well in City right-of-way. ANALYSIS The WCSWMB has contracted with Foth Infrastructure & Environment to oversee installation of one two-inch monitoring well in the terrace area of Omni Drive. The purpose of the monitoring well is to expand the monitoring network of ground water contamination emanating from the closed Snell Road Landfill. The proposed location of the well is approximately five feet from the edge of the pavement on Omni Drive and approximately 220 feet southwest of the Omni Glass & Paint LLC entrance at 3530 Omni Drive. The final drill location may be modified slightly to avoid underground utilities if any are present. The monitoring well will be installed as not to disrupt traffic on Omni Drive. The well will be constructed of two-inch continuous PVC slot screen with a six to eight inch borehole approximately 40 feet deep. The monitoring well with be finished with a PVC pipe sticking out approximately three feet above ground with a locking pro top. The well will remain in service to monitor groundwater for the foreseeable future. The WCSWMB will coordinate with the Department of Public Works to ensure there are no conflicts with City utilities. The Department of Public Works has reviewed the request and does not have any concerns with the proposed installation that cannot be addressed with the standard Privilege in the Street conditions. RECOMMENDATION The Plan Commission recommended granting Privilege in the Street for a Groundwater Monitoring Well at 3530 Omni Drive on July 20, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager / Director of Administrative Services ITEM: GRANT PRIVILEGE IN THE STREET FOR A GROUNDWATER MONITORING WELL AT 3530 OMNI DRIVE Plan Commission meeting of July 20, 2021. GENERAL INFORMATION Applicant: Zach Moureau – Winnebago County Solid Waste Management Board (WCSWMB) Owner: City of Oshkosh Action Requested: Winnebago County Solid Waste Management Board is applying for privilege-in-the-street to allow for installation and monitoring 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 WCSWMB has contracted with Foth Infrastructure & Environment to oversee installation of one two-inch monitoring well in the terrace area of Omni Drive. The purpose of the monitoring well is to expand the monitoring network of ground water contamination emanating from the closed Snell Road Landfill. The proposed location of the well is approximately 5 feet from the edge of the pavement on Omni Drive, and approximately 220 feet southwest of the Omni Glass & Paint LLC entrance at 3530 Omni Drive. The final drill location may be slightly modified to avoid underground utilities if any are present. The monitoring well will be installed as not to disrupt traffic on Omni Drive. The wells will be constructed of two-inch continuous PVC slot screen with a six to eight-inch borehole approximately 40 feet deep. The monitoring well with be finished with a PVC pipe sticking out of the ground approximately 3 feet above found with a locking pro top. The duration of monitoring groundwater from this well will remain in service for the foreseeable future. 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: Item I - Privilege in Street – 3530 Omni Drive 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. The Plan Commission recommended granting Privilege in the Street on July 20, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Davey reported visiting the site. Staff report accepted as part of the record. Item I - Privilege in Street – 3530 Omni Drive Winnebago County Solid Waste Management Board is applying for privilege-in-the-street to allow for installation and monitoring of one groundwater monitoring well in City right-of-way. Mr. Nielsen presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. 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 cannot be addressed with the standard privilege-in-the-street conditions. Staff recommends approval of the request for privilege-in-the-street with the findings and conditions listed in the staff report. Ms. Hinz opened up technical questions to staff. Mr. Mitchell asked how someone could find out what pollutants may be entering the groundwater. Mr. Lyons said that depending on the type of ground monitoring well it could be Public Works or DNR but he will find out. Ms. Hinz 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. Hinz closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Propp to adopt the findings and recommendations as stated in the staff report. Seconded by Mitchell. Mr. Hinz asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 7-0. 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)  A narrative of the proposed request / project including:  Proposed use of the property  Existing use of the property  Identification of structures on the property and discussion of their relation to the project  Projected number of residents, employees, and/or daily customers.  Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre.  Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.  Surrounding land uses  Compatibility of the proposed use with adjacent and other properties in the area.  Traffic generation  Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties  A complete site plan including: (as may be appropriate per your request)  Digital plans and drawings of the project  Title block that provides all contact information for the petitioner and/or owner, if different  Full name and contact information of petitioner’s engineers/surveyors/architects, or other design professionals used in the plan preparation  The date of the original plan and latest date of revision to the plan  A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1”=60’) unless otherwise approved by the Department of Community Development prior to submittal  All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled  All required building setback and offset lines  All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls  Location of all outdoor storage and refuse disposal areas and the design and materials used for construction  Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-75 City of Oshkosh Zoning Ordinance  Location and dimension of all loading and service areas on the subject property  Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan  Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators PW_IE\Documents\Clients\Winnebago Co SWMB WI\0021W002.10\4000 Regulatory Agency Correspondence\City of Oshkosh - Well Installation\L- Privilege in the Street_P-72C Application.docx 2121 Innovation Court, Suite 100 P.O. Box 5095 De Pere, WI 54115 (920) 497-2500 foth.com June 21, 2021 Mr. Allen Davis Dept. of Community Development City of Oshkosh 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 RE: Privilege in the Street Application – Omni Drive Groundwater Monitoring Well Installation P-72C Winnebago County Solid Waste Management Board Dear Mr. Davis: On behalf of the Winnebago County Solid Waste Management Board (WCSWMB), Foth Infrastructure & Environment, LLC (Foth) is submitting this letter to provide submittal requirements for the Privilege in the Street Application for the installation of a groundwater monitoring well in the right-of-way of Omni Drive, Oshkosh, WI. WCSWMB intends to install the new groundwater monitoring well, P-72C as an extension of their groundwater monitoring network for the closed Snell Road Landfill. The monitoring well will be installed using a track-mounted drill rig that will access the location from Omni Drive and will not block the road during installation. Any support trucks will also be parked off the road. The installation will be completed in one day this summer, on a week day, during business hours. The installation will produce some noise and a minimal amount of dust may be produced. The monitoring well installation will be finished with a PVC pipe sticking up approximately three feet above ground surface, covered with a steel well casing and surrounded by approximately three bollards, all painted yellow to protect the monitoring well from being struck by a vehicle. Drawing 1 indicates the monitoring well design. The monitoring well will be sampled by landfill personnel periodically, which will involve a vehicle parking along the road and access to the well on foot. When not being sampled, the monitoring well will remain secured to prevent any unauthorized access. The monitoring well is expected to remain in service for the foreseeable future. The area for the well installation is currently not developed, but is zoned as urban industrial. Figure 1 indicates the well location, approximately 5 feet from the edge of the pavement on Omni Drive, and approximately 220 feet southwest of the Omni Glass & Paint LLC entrance at 3530 Omni Drive. The location may be slightly modified to avoid underground utilities, if any are identified by Diggers Hotline. PW_IE\Documents\Clients\Winnebago Co SWMB WI\0021W002.10\4000 Regulatory Agency Correspondence\City of Oshkosh - Well Installation\L- Privilege in the Street_P-72C Application.docx Please contact the undersigned at 920-496-6707 with any further questions. Sincerely, Foth Infrastructure & Environment, LLC Sara Beine Heather Hallett, P.G. Environmental Engineer Project Hydrogeologist Licensed in WI and PA cc: John Rabe, Winnebago County Solid Waste Management Board Zach Moureau, Winnebago County Solid Waste Management Board Enclosures Drawn By: Date :Re vision Date : Che cke d By:Scope : This d rawing is ne ithe r a le gally re cord e d m ap nor a surve y and isnot inte nd e d to b e use d as one . This d rawing is a com pilation ofre cord s, inform ation and d ata use d for re fe re nce purpose s only. NOTES:1. Base m ap from e sri.com , courte sy of the Microsoft Corporation and its d ata supplie rs.2. Horizontal coord inate syste m is NAD 1983 W inne b ago County (fe e t).3. W e ll P-72C will b e installe d accord ing to NR 141 re q uire m e nts and will b e scre e ne d at approxim ate ly 720-725’. 4. Right of way pe rm it to b e acq uire d prior to installation.5. City wate r se rvice line location approxim ate d . O m ni Glass and Paint Inc. is thought to b e se rvice d b y city wate r.6. Ve rtical we ll inform ation b ase d off of W inne b ago County Contours and we ll construction logs7. Fountain Tave rn ind icate d the y had the ir own private we ll. W e ll inform ation not ve rifie d d ue to lack of construction log. Path: Q:\W inne b ago Co SW MB\20W 002.11\GIS\m xd \Figure 4 Downgrad ie nt Inve stigation.m xd Date : 2/3/2021 ³ W INNEBAGO CO . - SNELL RO AD LANDFILL DO W NGRADIENT INVESTIGATIO N FIGURE 4 DAT JANUARY 2021 20W 002.11SMB2 0 200 400 Fe e t LEGEND <A Existing Ground wate r Monitoring W e ll "<A)Propose d Ground wate r Monitoring W e ll !!#Approxim ate Private W e ll Location and DNR ID De wate ring W e lls (not ve rifie d ) Private W e lls (not ve rifie d ) !!2 Le achate Manhole Location "J Sanitary Se we r Lift Station Approxim ate City W ate r Se rvice Line Prope rty Bound ary Ce ll Phase Lim its Tax Parce ls WUWN Open Interval (MSL)AH706 667-624FW945564-501GV537656-490ZU612488-452YQ847726-703YQ853716-694YQ852711-699YQ851719-702YQ850718-702YQ849714-702YQ848725-700 1 DETAILS 1 NOT TO SCALE 1 1 ABOVE FILTER PACK 5' BENTONITE SEAL FILTER PACK SEAL 2' CLEAN FINE SAND ABOVE SCREEN FILTER PACK EXTENDS 2' TYPICAL GROUNDWATER MONITORING WELL DETAIL NOT TO SCALE 2 1 TYPICAL BOLLARD DETAIL 1. FILL WITH CONCRETE ENCASEMENT 6" MIN CONCRETE CONNECTIONS WITH O-RINGS WITH FLUSH THREADED 2" DIA, PVC WELL RISER SCREEN FOR 20' WELLS) (5' SCREEN FOR DEEPER WELLS, 15' SLOPE TO DRAIN ADJACENT SURFACE CONDITIONS AT TIME OF DRILLING GEOLOGIST IDENTIFIED FIELD LENGTH VARIABLE BASED ON O-RING JOINTS 2" DIA, 010" CONTINUOUS PVC SLOT SCREEN, AT TIME OF DRILLING IDENTIFIED FIELD CONDITIONS VARIABLE BASED ON GEOLOGIST TOTAL DEPTH OF BOREHOLE THREADED PVC CAP SURFACE SEAL BENTONITE GROUND FROST LINE EXTENDING BELOW PROTECTIVE CASING 4"-6" DIA. LOCKING PRO-TOP J-PLUG 4" MAX. 3' SAND FILTER PACK 1" 4' 5' (THICKNESS VARIES) ANNULAR SURFACE SEAL BENTONITE GROUT BENTONITE OR NOT TO SCALE NOTE: PIPE 6" SCHEDULE 40 STEEL SEE TABLE 1 VARIES (SEE TABLE 1) VARIES ACCORDANCE WITH NR 141.21. NEST 71 AREA. GW WELLS DEVELOPED IN PROTECTIVE STEEL. BOLLARDS INSTALLED AT WELL FINISHED THE WELLS AS STICK-UPS WITH A ACCORDING TO NR141 AND TABLE 1. CONTRACTOR CONTRACTOR INSTALLED GW MONITORING WELLS (SEE TABLE 1) 6" TO 8" DIA. BOREHOLE DRAFT C CHECKED DESIGNED DRAWN SURVEYED BY DATE jow10:12:04 AM5/25/2021pw:\\PW-APS1.foth.com:PW_IE\Documents\Clients\Winnebago Co SWMB WI\0021W002.10\CAD\Drawings\Monitoring Well Installation\MW Install Drawing 1 Details.dgnREVISIONSNO.BYDATEDESCRIPTIONDATEBY4321PROJECT ID: DATE OF PREPARATIONRECORD DRAWING OF COMPLETED CONSTRUCTION BY:REUSE OF DOCUMENTSUSE IS THE SOLE RESPONSIBILITY OF THE UNAUTHORIZED USER.APPROVAL OF FOTH INFRASTRUCTURE AND ENVIRONMENT, LLC. UNAPPROVEDFOR GENERAL USE. THEREFORE IT MAY NOT BE USED WITHOUT THE WRITTENTHIS DOCUMENT HAS BEEN DEVELOPED FOR A SPECIFIC APPLICATION AND NOTCONFORMING TO CONTRACTOR AND / OR OWNERS RECORDS.RECORD DRAWINGS OF COMPLETED CONSTRUCTION 2021 FOTH INFRASTRUCTURE & ENVIRONMENT, LLC JOW CAA1 WASTE MANAGEMENT BOARDWINNEBAGO COUNTY SOLIDWINNEBAGO COUNTY, WISCONSINCITY OF OSHKOSH,SOLID WASTE MANAGEMENT BOARDWINNEBAGO COUNTY21W002.10 MAY 2021 MAY 2021INVESTIGATIONVINYL CHLORIDE SITEFOR SNELL ROADMONITORING WELL INSTALLATIONSPECIFICATIONS FORFoth Infrastructure & Environment, LLC2121 Innovation Court, Suite 100P.O. Box 5095De Pere, WI 54115-5126Phone: 920-497-2500 Oshkosh City LimitOshkosh City LimitOshkosh City LimitOshkosh City Limit!"#$41 !"#$41·_45·_45 WWAALLTTEERRSSTTOO MM NN IIDD RRSTEARNS DRSTEARNS DRC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/22/2021 1 in = 220 ft1 in = 0.04 mi¯3530 OMNI DR3530 OMNI DR City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer I UI-PD NMU-PD UI MH-9-PD SR-5 HI I-PD Ken Robl Conservation ParkOshkosh City LimitOshkosh City LimitOshkosh City LimitOshkosh City Limit!"#$41 !"#$41 ·_45 ·_45 WWAALLTTEERRSSTTW SNELL RDW SNELL RD LLAAKKEEBBUUTTTTEEDDEESSMMOORRTTSSDDRRS T E A R N S D R S T E A R N S D R GGRREEEENNVVAALLLLEEYYRRDDOOMMNNIIDDRRSTEARNS DRSTEARNS DRGLENWAY DRGLENWAY DRGLENVIEW LAGLENVIEW LAC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/22/2021 1 in = 500 ft1 in = 0.09 mi¯3530 OMNI DR3530 OMNI DR City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/22/2021 1 in = 200 ft1 in = 0.04 mi¯3530 OMNI DR3530 OMNI DR City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer