HomeMy WebLinkAbout10-237AUGUST 10, 2010
10 -237 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET TO MIDWEST
ENGINEERING SERVICES AND PAUL WINTER TO INSTALL A
MONITORING WELL WITHIN THE RIGHT -OF -WAY OF HIGH
AVENUE ADJACENT TO 135 HIGH AVENUE
INITIATED BY: MIDWEST ENGINEERING SERVICES & PAUL WINTER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, Midwest Engineering Services, petitioner, and Paul Winter,
partner /owner of property at 135 High Avenue, requests the Common Council grant a
privilege in street to Midwest Engineering Services, general contractor and other
subcontractors as may be required to install a monitoring well within the right -of -way of
High Avenue adjacent to 135 High Avenue, and
WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege
in a right -of -way; and
WHEREAS, the Plan Commission 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
Midwest Engineering Services, general contractor and other subcontractors as may be
required to install a monitoring well within the right -of -way of High Avenue adjacent to
135 High Avenue, per the attached, and upon completion of said installation, Paul
Winter, partner /owner, will assume liability for said monitoring well within the right -of-
way, contingent upon the following:
1) Placement of the monitoring well shall be coordinated with the Department of
Public Works to prevent conflicts with existing underground utilities.
2) The monitoring well shall be flush mounted to prevent interference with
pedestrian traffic.
3) The monitoring well be installed in a manner that is approved by the Department
of Public Works with no modifications or changes in construction procedure
without prior approval by the Department of Public Works.
4) If no longer needed, the monitoring well be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
REVISED
AUGUST 10, 2010
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10 -237 RESOLUTION
CONT'D
Any problem which may arise as a result of the placement of the monitoring well
be the responsibility of the contractors and owner to correct in coordination with
the Department of Public Works.
All appropriate permits be obtained prior to the start of placement of the
monitoring well.
The monitoring well be modified or removed immediately upon the request of the
City.
The monitoring well be part of and documented with Digger's Hotline system.
The petitioner, contractors and owner of the monitoring well secure and submit to
the City Clerk a separate insurance policy which names the City as an additional
insured with a minimum coverage of $200,000 per person and $500,000 in
general aggregate.
It is the responsibility of the petitioner to file in a timely manner a new insurance
certificate with the City Clerk upon expiration of an existing certificate. Failure to
do so will result in the revocation of the privilege in street upon 10 days notice
The petitioner, contractors and owner of the monitoring well (fiber ep ti G System
execute hold harmless agreements with the City.
Indicates Revision
..
J'HK lH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: August 5, 2010
RE: Approve Granting Privilege in Street to Midwest Engineering Services and Paul Winter
Adjacent to 135 High Avenue (Plan Commission Recommends Approval)
BACKGROUND
The subject properties are located in the City's downtown just west of North Main Street. The area
can be characterized with a mix of commercial /residential, commercial, multiple family and public and
private parking lot uses. Midwest Engineering Services requests an easement on City property to
install a monitoring well as part of an environmental investigation associated with the facility at 135
High Avenue. The well is proposed to be located within the south sidewalk of High Avenue in front of
135 High Avenue. The Oshkosh Common Council has approved similar privilege and easement
requests for the placement of numerous wells as part of investigations for 118 and 135 High Avenue.
ANALYSIS
The well is needed to collect water samples to determine the extent of soil and groundwater
contamination with groundwater samples being collected quarterly from the wells until closure of the
site is obtained from the Wisconsin Department of Natural Resources. The well will be abandoned per
NR 141 regulations when the investigation is complete. The Department of Public Works has
reviewed and recommends approval of the request with the final location of the well to be coordinated
and approved by their office to avoid conflicts with existing underground utilities and to be flush
mounted to avoid potential pedestrian traffic conflict.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its August 3, 2010 meeting.
Approved,
City Manager
ITEM: GRANT PRIVILEGE IN THE STREET AT 135 HIGH AVENUE
Plan Commission meeting of August 3, 2010
GENERAL INFORMATION
Petitioner Midwest Engineering Services
Owner: City of Oshkosh
Action Requested:
Midwest Engineering Services requests an easement on City property to install a monitoring well
as part of an environmental investigation associated with the facility at 135 High Avenue. The
well is proposed to be located within the south sidewalk of High Avenue in front of 135 High
Avenue. t
The Oshkosh Common Council has approved similar privilege and easement requests for the
placement of numerous wells as part of investigations for 118 and 135 High Avenue.
Applicable Ordinance Provisions: N/A
Property Location and Type:
The subject properties are located in the City's downtown just west of North Main Street. The
area can be characterized with a mix of commercial /residential, commercial, multiple family and
public and private parking lot uses.
ANALYSIS
The well is needed to collect water samples to determine the extent of soil and groundwater
contamination. Groundwater samples will be collected quarterly from the wells until closure of
the site is obtained from the Wisconsin Department of Natural Resources. The well will be
abandoned per NR 141 regulations, when the investigation is complete.
The Department of Public Works has reviewed and recommends approval of the privilege request,
however, they are requesting the final location of the well be coordinated and approved by the
Public Works office to avoid conflicts with existing underground utilities. An additional concern
did arise during staff review that the proposed well is not indicated as being flush mounted with
the sidewalk. Staff is recommending the well be flush mounted to avoid potential pedestrian
traffic conflict.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the easement to place a monitoring well on City property subject to
the following conditions:
1. Placement of the well shall be coordinated with the Department of Public Works to prevent
conflicts with existing underground utilities.
2. The monitoring well shall be flush mounted to prevent interference with pedestrian traffic.
3. The monitoring well(s) are installed in a manner that is approved by the Department of Public
Works with no modification or changes in construction procedure without prior approval by
the Department of Public Works.
4. If no longer needed, the well(s) be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
5. Any problem that may arise as a result of placement of the well(s) be the responsibility of the
petitioner /owner to correct in coordination with the Department of Public Works.
6. All appropriate permits be obtained prior to the start of placement of the well(s).
7. The well(s) be modified or removed immediately upon request of the City.
8. The petitioner /owner secures and submits to the City Clerk a separate insurance policy which
names the City as an additional insured with a minimum coverage of $200,000 per person and
$500,000 in general aggregate.
9. 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 will
result in the revocation of the easements within ten (10) days of notice.
10. The petitioner /owner execute a hold harmless agreement with the City.
11. The facility be part of and documented with Digger's Hotline system.
The Plan Commission approved of the easement for the monitoring well as requested with
conditions noted. The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and stated that the well would be located in front of the former
Oshkosh Tent and Awning building and reviewed the site, surrounding area and proposed site
plan. He further stated that there were currently 12 to 18 existing wells in the general vicinity and
that the conditions recommended for this request were the standard nine conditions with the
addition of two more. He reviewed the conditions and noted that the additional two were to have
the monitoring well be flush mounted to prevent interference with pedestrian traffic and to have
the placement of the well be coordinated with the Department of Public Works to prevent conflicts
with existing underground utilities.
Ms. Lohry inquired about the history of the area that would explain the reason for the number of
monitoring wells placed in this vicinity.
Mr. Buck responded that there were previous establishments located in the area that were laundry
and awning facilities which both used chemicals that possibly created contamination.
Motion by Thoms to approve the easement to place a monitoring well on City property as
requested with the following conditions:
1. Placement of the well shall be coordinated with the Department of Public Works to prevent
conflicts with existing underground utilities.
2. The monitoring well shall be flush mounted to prevent interference with pedestrian traffic.
3. The monitoring well(s) are installed in a manner that is approved by the Department of
Public Works with no modification or changes in construction procedure without prior
approval by the Department of Public Works.
4. If no longer needed, the wells) be properly abandoned and removed in accordance with
City standards and under the direction of the Department of Public Works.
ITEM - EASEMENT -HIGH A V
5. Any problem that may arise as a result of placement of the wells) be the responsibility of
the petitioner /owner to correct in coordination with the Department of Public Works.
6. All appropriate permits be obtained prior to the start of placement of the well(s).
7. The well(s) be modified or removed immediately upon request of the City.
8. The petitioner /owner secures and submits to the City Clerk a separate insurance policy
which names the City as an additional insured with a minimum coverage of $200, 000 per
person and $500, 000 in general aggregate.
9. 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
will result in the revocation of the easements within ten (10) days of notice.
10. The petitioner /owner execute a hold harmless agreement with the City.
11. The facility be part of and documented with Digger's Hotline system.
Seconded by Vajgrt. Motion carried 8 -0.
ITEM - EASEMENT -HIGH A V
0 Dept. City Of Oshkosh SUBMIT TO:
General Application of Community Development
215 Church Ave., P.O. Box 1130
D.�H
ON THE WATER Oshkosh, WI 54901
PHONE: (920) 236 -5059
* *PLEASE TYPE OR PRINT USING BLACK MTK **
APPLICANT INFORMATION ,
Petitioner: I Aw P �✓�" (�,P,i S PI l.�' Date: l'
Petitioner's Address: / y ��� y �. r Pia City: �� State: Zip: ST 1
Telephone #: (7) �� � ' � 1-�J Fax: } 0) Other Contact # or Email: b4OL4� � GRa,J! P�1 J • LJ
Status of Petitioner (Please Check): []Owner %Zepre entative []Tenant []Prospective Buyer
Petitioner's Signature (required):
Date: 6 c
OWNER INFORMATION V
Owner(s): _ w W Date: A
Owner(s) Address: W ����njo �L�P ��'��'X� City: &RP 6M Ma State: V Zip: S�'�� -�
Telephone #: (51N 0 � 7 � a a Fax: (" ) Other Contact # or Email: Q� d?V.f'
Ownership Status (Please Check):AIndividual []Trust []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 Se Div ion or nco
� A lete submissions or other administrative reasons.
. � Date: �1 u
Property Owner's Signature.
TYPE OF RE VEST:
Access Control Variance
Easement // f 91 /J
Privilege in Street (identify) N i¢l� lF.."vl P (L�,(��o �w` f Vi�wrr✓� J�JG-� f r Sl�i,� 5� G 1nJl
Other (identify) U I
SITE INFORMATION
Address/Location of Proposed Project:
Proposed Project Type: LiS
Current Use of Property: G - i
Land Uses Surrounding Your Site: North:
South:
East:
West:
(J)°V1
D 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
SOL41
Zoning:
For more information please visit the City's website at www.ei.oshkosh.wi.us/ Community _Development /Planning.htm f')
Staf Date Rec'd
M
midwest engineering services, inc.
nmc as
geotechnical • environmental • materials engineers
JUL 0 1 2010
June 30, 2010
Department of Community Development
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin 54901
COMMUNITY DEVELOPMENT
SUBJECT: PROPOSED MONITORING WELL
Right of Way located adjacent to the northeast of 135 High Avenue
MES Project # 12 -51010
WDNR BRRTS # Gillen LLC #02 -71- 519535
To Whom It May Concern:
608 N. Stanton Street
Ripon, WI 54971 -1 1 B2
920 - 745 -2200
FAX 920 - 745 -2222
www.midwesteng.com
In accordance with the City of Oshkosh's request, MES has prepared the following letter
requesting permission to install a soil boring converted to a groundwater monitoring well within the
sidewalk of the city right of way located adjacent to the northeast of 135 High Avenue (Former
Oshkosh Tent and Awning). The location of the proposed monitoring well is shown on the
attached figure.
The purpose of the soil boring and groundwater monitoring well is to define the extent of soil and
groundwater contamination at the site, which is required for the site investigation by the Wisconsin
Department of Natural Resources (WDNR). The WDNR is also requiring that the well be installed
within the sanitary/groundwater utility trench that enters the northeast side of the building to
evaluate potential migration of contaminants within the utility trenches along High Avenue. The
well will be approximately 13 feet in depth. The well will be sampled quarterly and abandoned
when the groundwater quality standards of the WDNR are met and the site is closed. The well
location (Figure 2) has been selected by Ms. Kathy Sylvester of the WDNR. Also, enclosed with
this letter please find the City of Oshkosh General Application, a map with the proposed
monitoring well location, a certificate of insurance and a check from Mr. Paul Winter (owner) for
the $100 review fee.
If you have any questions, or wish to discuss any part of this plan, please contact MES at 920-
745 -2200.
Sincerely,
MIDWE T ENGINEERING SERVICES, INC.
B Qn You rn
h
Hydrogeo
c: Mr. Paul Winter (Letter and Figure)
Ms. Kathy Sylvester (WDNR) (Letter and Figure)
CORPORATE OFFICE WAUKESHA, WI 262 - 970.0764
4
APPLETON, WI • CHIPPEWA FALLS, WI • GREEN BAY, WI
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DISCLAIMER
This map Is neither a legally recorded map nor
a survey and it Is not Intended to be used as one.
This drawing Is a compilation of records, data
and Information located in various city, county
and state offices and other sources affecting
the area shown and It Is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponslble for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
I Created by - dff
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135 HIGH AV
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DISCLAIMER
MONITORING
WELL
This map Is neither a legally recorded map nor
a survey and It Is not intended to be used as one.
This drawing Is a compilation of records, data
1 35
HIGH AV N
O.I HKOlH
and information located in various city, county
and state offices and other sources affecting
OR THE WATER
City Of Oshkosh
the area shown and It is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsibleforanyInaccuracieshereincontained.
�� _
Scale. 1 — 100
Department of
Community Development
If discrepancies are found, please contact the
City of Oshkosh.
07/22/10
Created by - dff
DISCLAIMER
This map is neither a legally recorded map nor MONITORING W E L L
a survey and It is not intended to be used as one.
This drawing is a compilation of records, data
and information located In various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
sponsible for any Inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
135 HIGH AV
Scale: 1" = 100'
N QfH K f H
OR THE WATER
City of Oshkosh
Department of
Community Development
07/22/10