HomeMy WebLinkAbout13. 12-73FEBRUARY 28, 2012 12 -73 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN STREET TO UNIVERSITY OF
WISCONSIN FOUNDATION ETAL TO INSTALL UNDERGROUND
CONNECTION IN DEMPSEY TRAIL RIGHT -OF -WAY BETWEEN
THE UNIVERSITY'S BIODIGESTER AND THE CITY'S
WASTEWATER TRETMENT PLANT
INITIATED BY: UNIVERSITY OF WISCONSIN FOUNDATION, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, the University of Wisconsin Foundation requests the Common
Council grant a privilege in street to the Foundation and its contractors as may be
required to install an underground methane gas connection within the right -of -way of
Dempsey Trail between the University's biodigester and the City's wastewater treatment
plant; and
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 the
University of Wisconsin Foundation and its contractors, a privilege in street to install an
underground methane gas connection within the right -of -way of Dempsey Trail between
the University's biodigester and the City's wastewater treatment plant, per the attached,
contingent upon the following:
1) Placement of the methane gas piping shall be coordinated with the Department
of Public Works to prevent conflicts with existing underground utilities.
2) The methane gas piping be 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 City.
3) If no longer needed, the gas piping be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
4) Any problem which may arise as a result of the placement of the gas piping be
the responsibility of the petitioner /contractors to correct in coordination with the
Department of Public Works.
FEBRUARY 28, 2012 12 -73 RESOLUTION
CONT'D
5)
6)
7)
9
9)
10)
All appropriate permits be obtained prior to the start of placement of the gas
piping.
The gas piping be modified or removed immediately upon the request of the City.
The petitioner and contractors 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 /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 privilege in street upon 10 days
notice.
The petitioner /owner and contractors execute hold harmless agreements with the
City.
The facility be part of and documented with Digger's Hotline system.
O.IHKOf H
ON THE WATEA
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: February 23, 2012
RE: Grant Privilege in the Street to University of Wisconsin Foundation etal to Install
Underground Connection in Dempsey Trail Right- of-Way Between the University's
Biodigester and the City's Wastewater Treatment Plant (Plan Commission recommends
approval)
BACKGROUND
In 2010, the University of Wisconsin Foundation received approval and constructed a commercial -
scale dry anaerobic biodigester at 755 Dempsey Trail. The general area is a mix of commercial and
light industrial uses including the UWO Campus Services Center to the east, a vacant parcel to the
south (future Citizens First Credit Union), the former Oshkosh Humane Society building and auto
repair facility to the west, and the City's Wastewater Treatment Plant to the north.
ANALYSIS
The University Foundation constructed the biodigester facility for the purposes of teaching, research,
sustainable energy production and carrying out renewable and sustainable energy initiatives. The
Foundation is requesting a privilege in the street permit to install an underground methane gas
connection to the Wastewater Treatment Plant located at 233 N. Campbell Road to utilize excess
methane produced by the plant that is otherwise unused or burned off. This methane, in part, would be
used in operating the biodigester facility. The Department of Public Works has reviewed and
recommends approval of the privilege request with the final design being coordinated and approved by
their office.
FISCAL IMPACT
P
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its February 21, 2012 meeting,
Approved,
City Manager
ITEM: GRANT PRIVILEGE IN THE STREET AT 755 DEMPSEY TRAIL
Plan Commission meeting of February 21, 2012
GENERAL INFORMATION
Petitioner /Owner: University of Wisconsin Foundation, Inc.
Action Requested:
University of Wisconsin Foundation, Inc. requests a privilege in the street permit to install an
underground methane gas connection to the Wastewater Treatment Plant located at 233 N.
Campbell Road.
Applicable Ordinance Provisions: N/A
Property Location and Type:
In 2010, the University of Wisconsin Foundation constructed and is now operating a commercial -
scale dry anaerobic biodigester at 755 Dempsey Trail. The general area is a mix of commercial
and light industrial uses including the UWO Campus Services Center to the east, a vacant parcel to
the south (future Citizens First Credit Union), the former Oshkosh Humane Society building and
auto repair facility to the west, and the City's Wastewater Treatment Plant to the north.
ANALYSIS
The University Foundation constructed the biodigester facility for the purposes of teaching,
research, sustainable energy production and carrying out renewable and sustainable energy
initiatives. The Foundation is proposing to utilize excess methane produced by the Wastewater
Plant that is otherwise unused or burned off. The methane, in part, would be used in operating the
biodigester facility. Staff has no concerns Nvith the privilege request, other than those regulated by
the Department of Public Works.
The Department of Public Works has reviewed and recommends approval of the privilege request,
however, they are requesting the final design be coordinated and approved by the Public Works
office to avoid conflicts with existing underground utilities.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the privilege in street request subject to the following conditions:
1. Placement of the methane gas piping shall be coordinated with the Department of Public
Works to prevent conflicts with existing underground utilities.
2. The methane gas piping is 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.
3. If no longer needed, the methane gas piping be properly abandoned and removed in accordance
with City standards and under the direction of the Department of Public Works.
4. Any problem that may arise as a result of placement of the methane gas piping be the
responsibility of the petitioner/owner to correct in coordination with the Department of Public
Works.
5. All appropriate permits be obtained prior to the start of placement of the methane gas piping.
6. The methane gas piping be modified or removed immediately upon request of the City.
7. 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.
8. 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 privilege in the right -of -way permit within ten (10) days of
notice.
9. The petitioner/owner execute a hold harmless agreement with the City.
10. The facility be part of and documented with Digger's Hotline system.
The Plan Commission approved of the privilege in street as requested with conditions noted. The
following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning
classifications in said area. He explained that the University was requesting the privilege in street
to utilize excess methane produced by the Wastewater Plant that is otherwise unused or burned off.
He reviewed the conditions recommended for the request which are standard for privilege in the
right-of-way.
Mr. Thorns questioned the purpose of the biodigester as he was under the impression that it would
be creating methane on its own.
Mr. Bunch responded that the Wastewater Treatment Plant also has excess methane which is not
always utilized and could be put to use in the operation of the biodigester facility.
Mr. McHugh stated that he thought that the biodigester was proposed to generate 20% of the
University's electricity and questioned what percent of electricity would be utilized.
Mr. Burich indicated that the City supports the University's efforts of being able to generate
energy from this facility but he does not have exact figures on percentages other than the methane
can be used as a power source.
Steve Gohde, Assistant Director of Public Works, added that the Wastewater Treatment Plant
burgs methane to generate heat and will not be supplying it to the biodigester at times when they
are utilizing it themselves.
Mr. McHugh also questioned if the University would be bearing any and all costs related to the
privilege in street.
Mr. Burich responded that the project would be constructed with the coordination of the
Department of Public Works but any costs would be the responsibility of the University.
Rent -Priv in St 755 Dempsey Tr 2
Motion by Mollenberger to approve the privilege in the street for property located at 755
Dempsey Trail with the following conditions:
1. Placement of the methane gas piping shall be coordinated with the Department of Public
Works to prevent conflicts with existing underground utilities.
2. The methane gas piping is installed in a manner that is approved by the Department of Parblic
Works with no modification or changes in construction procedure withoutprior approval by
the Department of Public Morks.
3. If no longer needed, the methane gas piping be properly abandoned and removed in
accordance with City standards and under the direction of the Department of Public Morks.
4. Any problem that may arise as a result ofplacement of the methane gas piping be the
responsibility of the petitioner /owner to correct in coordination with the Department of Public
T Forks.
5. All appropriate permits be obtained prior to the start of placement of the methane gas piping.
6 The methane gas piping be modified or removed immediately upon request of the City.
7. 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.
8. 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 privilege in the right -of- -way permit within ten (10) days of
notice.
9. The petitioner /owner execute a hold harmless agreement with the City.
10. The facility be part of and documented with Digger's Hotline system.
Seconded by Vajgrt. Motion carried 6 -0.
Item -Priv in St 755 Dempsey Tr
(0
Oil -KQfH
ON THE WATER
City of Oshkosh
General Application
"PLEASE TYPE OR PRINT USING ]SLACK INKS*
APPLICANT INFORMATION
Fax: ( 920) 424 -7116
Petitioner: University of Wisconsin Oshkosh Foundation, Inc Date: Jan 31, 2012
Petitioner's Address: 842 Algoma Blvd
Telephone #: (920 ) 424 -2178
Status of Petitioner (Please Check): ❑Owner
Petitioner's Signature (required):
OWNER INFORMATION
ONvner(s): University of Wisconsin Oshkosh Foundation, Inc
Owner(s) Address: 842 Algoma Blvd
Telephone #: ( 920 ) 424 -2178
City: Oshkosh
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, llrl 54901
PHONE: (920) 236 -5059
State: Wi Zip: 54901
Other Contact # or Email: rathjena @uwosh.edu
❑ Prospective Buyer
City: Oshkosh
Date:�� -
Date: Jan 31, 2012
State: WI Zip: 54991
Fax: ( 920) 424 -7116 Other Contact # or Email: rathjena @uwosh.edu
Ownership Status (Please Check): ❑Individual ❑Trust ❑✓ Partnership []Corporation
Property Owner Consent: (required)
By signature hereon, Me acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information essary to proy@ss this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Servic s D vision,foftiAcompl6te submissions or other administrative reasons.
Property Owner's Signature:
TYPE OF REQUEST:
Access Control Variance
Easement
+� Privilege hr Street (identify)
Other (identify)
SITE INFORMATION
Address/Location of Proposed Project: 233 Id, Campbell Road Oshkosh, Wisconsin
Proposed Project Type: Methane gas connection to City of Oshkosh Wastewater Treatment Plant
Current Use of Property: Anerobic Blodigeste€
Land Uses Surrounding Your Site: North: City of Oshkosh, Wastewater Treatement Plant
South: Undeveloped business site and City of Oshkosh property
Zoning: M
East: Institutional - UW Oshkosh Campus Services Center and Fox Valley Techincal College
1lrest: vacated City of Oshkosh dog pound and Business district
➢ 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 %N /Community Development/Plaiiiiing.litm
Date: ) 1 ) 0 l �
From City of Oshkosh Wastewater Treatment Plant across 700 block of Dempsey Trail.
Staff Date Ree'd
4
The University of Wisconsin Oshkosh Foundation, Inc. currently owns and operates a
commercial -scale dry anaerobic biodigester at 755 Dempsey Trail within the City of Oshkosh.
The 19,000 square foot facility is sited on a 1.0758 site which is bordered on the north by the
City of Oshkosh wastewater treatment plant, on the east by UW Oshkosh Campus Services
Center, on the south by a currently undeveloped business site owned by Citizens First Credit
Union and the west by an automotive repair shop and the vacated City of Oshkosh dog pound.
In conjunction with the University of Wisconsin Oshkosh campus, this facility is utilized for the
purposes of teaching, research, sustainable energy production, and carrying out renewable and
sustainable energy initiatives and will continue to do so for the foreseeable future. This facility is
operated by one and one /half equivalent full time personnel and is not open to the general public.
Scheduled deliveries of organic matter occur on a weekly basis.
The City of Oshkosh wastewater treatment plant is located across Dempsey Trail on property
known as 233 North Campbell Road, Oshkosh, Wisconsin. It is the intension of the project to
install a connection between the wastewater treatment plant and the anaerobic biodigester
making the methane gas that would otherwise be unused or burned off at that wastewater plant as
a source of fuel. The installation of this connection should not increase the amount of traffic to or
around either site.
Please refer to the enclosed plan which defines the route of connection (Exhibit A — Sheet C1.3).
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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-
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
742 316.8V 732
PRIVILEGE IN STREET
755 DEMPSEY TR
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DISCLAIMER
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a survey and it is not intended to be used as one. This drawing is a compilation of records, date 7 p E P S EY T R OYHKOfH -
and information located in various city, coun
and state offices and other sources affecting N ON n+e wares
the area shown and It is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re. D of
sponslblefor any inaccuracies harein contained. p
If discrepancies are found, please contact the ii , Community Development
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