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Home My WebLink AboutItem IIIPLAN COMMISSION STAFF REPORT JULY 2, 2024 ITEM III: GRANT PRIVILEGE IN THE STREET FOR GROUNDWATER MONITORING WELLS SOUTH OF 110 PEARL AVENUE LOCATED IN THE PEARL AVENUE RIGHT-OF-WAY AND WEST OF 50 PEARL AVENUE LOCATED IN THE MARKET STREET RIGHT-OF-WAY GENERAL INFORMATION Applicant: EnviroForensics Owner: City of Oshkosh Action Requested: On behalf of Mr. Gary Gunderson of Gunderson Cleaners Inc, EnviroForensics is applying for privilege in the street to allow for installation and monitoring of two groundwater monitoring wells 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: Gunderson Cleaners Inc. has contracted with EnviroForensics to oversee the installation of two 2- inch monitoring wells; the first being located within the north sidewalk area of Pearl Avenue (well MW-118), and the second within the east sidewalk area of Market Street (well MW-119). The purpose of the monitoring wells is to expand the monitoring network of ground water contamination emanating from the 118 High Avenue property, which operated a laundry business from the 1920’s until the mid-1980’s. According to the submitted site plan, the proposed location of well MW-118 is within the north sidewalk of Pearl Avenue, approximately 25 feet northwest of the northwest sidewalk corner of Pearl Avenue and Market Street. The proposed location of well MW-119 is within the east sidewalk of Market Street, approximately 4 feet southwest of the southeast sidewalk corner of High Avenue and Market Street. The final drill locations may be slightly modified to avoid any underground utilities that may be present. The monitoring wells will consist of 2-inch diameter polyvinyl chloride (PVC) and have well screens that are ten feet long with 0.010-inch factory cut slots. The filter pack, filter pack seal, and annular space seals will be constructed according to the standards presented in Wisconsin Administrative Code, Chapter NR 141. Expandable locking caps and locks will be placed on each well. Traffic-rated flush mount well boxes set in concrete will be installed to protect the wells. The duration of monitoring groundwater from these wells will remain in service for the foreseeable future. The applicant 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. Page 1 Item III - Privilege in Street – Pearl Ave and Market St RECOMMENDATION/CONDITIONS Staff recommends approval of the request for privilege-in-the-street with the following conditions: 1. The applicant shall follow all of the current editions of the Standard Specifications for City of Oshkosh, Wisconsin for construction, along with all Municipal Code requirements. 2. The applicant 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 to the requirements of the Wisconsin Department of Natural Resources, or the U.S. Environmental Protection Agency, or other applicable regulatory bodies. 4. The applicant shall provide to the City, in writing, notice of the structures abandonment. 5. Applicant 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. Applicant is responsible for costs, expenses, and damages to the extent they are related to applicant’s 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 applicant 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 applicant 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 Works 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 applicant/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 insureds 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 applicant/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 applicant shall enter into a privilege in the street agreement that will formalize the agreement between the City and the applicant. 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 applicant 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. Page 2 866-888-7911 | enviroforensics.com Submit to: City of Oshkosh, Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54901 Room 204 Planning @ci.oshkosh.wi.us Submitted by: Nicolette Morris Project Manager, EnviroForensics 825 North Capitol Avenue Indianapolis, Indiana 46204 nmorris@enviroforensics.com 317-556-1984 Subject: Monitoring Well Installation Work Scope Gunderson Cleaners Inc 118 High Avenue, Oshkosh, Wisconsin BRRTS #: 02-71-467002, FID #: 471011970 Background: The Site operated as a laundry service since the 1920s, and dry cleaning operations were performed by Mr. Gary Gunderson from approximately the 1940s through the mid-1980s; both perchloroethylene (PCE) and Stoddard solvents were used for dry cleaning purposes. On June 24, 2003, DNR was notified of contamination discovered on the Site during a Phase II Environmental Site Assessment, and a responsible party letter was issued to Mr. Gary Gunderson on July 14, 2003. Since that time, site investigation and a remedial action, including multiple excavations, have occurred at the site. Work Scope: The delineation of groundwater contamination is currently incomplete. WDNR has required the installation of down-gradient monitoring wells to be placed in the City owned right-of-way on the east side of Market Street near the intersection of High Avenue, and in the City owned right-of-way along the north side of Pearl Avenue near the intersection of Market Street. The northern location is identified on the attached map as MW-119 and is proposed to be installed within the sidewalk. The southern location is identified on the map as MW-118 and is proposed to be installed within the grass to the north of the sidewalk. The monitoring wells will consist of 2-inch diameter polyvinyl chloride (PVC) and have well screens that are ten feet long with 0.010-inch factory cut slots. The filter pack, filter pack seal, and annular space seals will be constructed according to the standards presented in Wisconsin Administrative Code, Chapter NR 141. Expandable locking caps and locks will be placed on each well. Traffic-rated flush- mount well boxes set in concrete will be installed to protect the wells. The installed monitoring wells will not affect surrounding property usage, which include a park, bus terminal, parking lot, bank, and doctor’s office. Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 CITY CENTER C O M MERCE ST WAUGOO AV DIVISION ST OTTERAVPEARLAV BROWN ST MARKETST N MAIN ST ALGOMA BLVD WASHINGTON AV HIGH AV OperahouseSquare J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 6/26/2024 1 in = 120 ft1 in = 0.02 mi¯BASE MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 12 BROAD ST WAUGOO AV OTTER AV DAWES ST E PARKWAY AV MERRITT AV NEBRASKA ST COMMERCE ST MINNESOTA ST W PARKWAY AV PEARL AV GRAND ST CENTRAL ST MT VERNON ST FREDERICK ST DIVISION ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER CHURCHAV DAWESST W 5TH AV E 7TH AV BROAD ST IDA AV W 7TH AV W 6TH AV W 8TH AV CHURCHAV MARKETST RIVERWAY DR DIVISION ST BROWN ST MARKETST POPLAR AV JEFFERSON ST BAY SHORE DR UNION AV W 7TH AV W 6TH AV W 8TH AV E 8TH AV PLEASANT ST MADISON ST OXFORD AV MARIONRD DIVISION ST FRANKLIN ST BROAD ST STATE ST BROADST BROAD STCENTRAL ST BROA D S T N MAIN ST JACKSON ST CEAPE AV WASHINGTON AV OREGON ST HIGH AV ALGOMA BLVD S MAIN STCMU CMU CMU CMU CMU CMU CMU-PDCMU-PD CMU-PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-PD-UTO I-UTO MR-36 MR-36-UTO MULTIPLE RMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-PD-RFO RMU-RFO TR-10 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD-UTO UMU-RFO UMU-UTO UMU-UTO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 6/26/2024 1 in = 500 ft1 in = 0.09 mi¯ZONING MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13 CITY CENTER C O M MERCE ST WAUGOO AV DIVISION ST OTTERAVPEARLAV BROWN ST MARKETST N MAIN ST ALGOMA BLVD WASHINGTON AV HIGH AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 6/26/2024 1 in = 120 ft1 in = 0.02 mi¯AERIAL MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14