HomeMy WebLinkAbout02-63.docFEBRUARY 26, 2002 02-63 RESOLUTION
(CARRIED 7-0
LOST LAID OVER WITHDRAWN
PURPOSE:
APPROVE REQUEST FOR TEMPORARY OCCUPANCY OF
RIVERSIDE PARK AND AUTHORIZE CO-APPLICATION FOR
DOCK WALL RECONSTRUCTION RIVERSIDE PARK
INITIATED BY: CITY ADMINISTRATION
WHEREAS, Wisconsin Public Service Corporation (WPSC) has requested access
and temporary occupancy for the use of the southern end of Court Street, the easterly
portion of Riverside Park and the easterly portion of the Riverside Parking Lot (Convention
Center Lot) for completion of environmental remediation construction activities at the
former coal gas site located at 305 Ceape Avenue/10 Court Street; and
WHEREAS, part of the remediation work involves the reconstruction of the existing
dock wall adjacent to the former coal gas site and the south end of Court Street in property
owned by the City of Oshkosh; and
WHEREAS, reconstruction of the dock wall requires acknowledgement by the City
as a co-applicant on the dock wall permit as required by the Wisconsin Department of
Natural Resources.
NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of
Oshkosh that the proper city officials are hereby authorized and directed to grant WSPC
access and temporary occupancy of a portion of Riverside Park and Riverside Parking Lot
in accordance with their request (a copy of which shall be on file with the office of the City
Clerk).
BE IT FURTHER RESOLVED that such access and temporary occupancy be
contingent upon the following:
1)
That WPSC adequately secure the area of their intended remediation
activities by fencing and/or other means. That WPSC remove such fencing
from City property, the Court Street right of way, and portions of Riverside
Park and the Riverside Parking Lot by September 30, 2002, or at an
alternative date as approved by the City Manager.
2)
That WPSC execute a hold harmless agreement and indemnify the City of
Oshkosh for any claims, demands or damages associated with the temporary
occupancy permit
FEBRUARY 26, 2002
02-63 RESOLUTION
CONT'D
3)
That WPSC restore the property to a condition at least as good as that
existing prior to occupancy
4)
That WPSC make payment to the City of Oshkosh of $1500 for reasonable
rent for the premises parking area
5)
That WPSC install and maintain a temporary asphalt connection between
the parking lot of the former Hooper Community Center property and
Riverside Parking Lot, with the installation plan subject to review and
approval by the City of Oshkosh Public Works Department, and that said
connection be removed at the City's request at the conclusion of remediation
activities. That in connection with the installation of this temporary drive
WPSC pay for placement of appropriate signage directing motorists to the
temporary entrance.
BE IT FURTHER RESOLVED that the proper city officials are hereby authorized
and directed to make application to the Wisconsin Department of Natural Resources as a
co-applicant on the dock wall permit in accordance with the request of WPSC (a copy of
which shall be on file with the office of the City Clerk).
BE IT FURTHER RESOLVED that such application be contingent upon the
following:
1)
That WPSC shall agree that the City shall not assume responsibility for the
pre-exiting contamination conditions in the area of the dock wall
improvements
2)
That WPC shall execute an agreement indemnifying and holding harmless
the City of Oshkosh for any liability arising from installation and/or the
operation conditions associated with the dock wall activities which form the
basis for the dock wall application
3)
That the City of Oshkosh shall not assume responsibility and WPSC shall
execute an agreement indemnifying and holding harmless the City of
Oshkosh from any liability for the performance of such dock wall.