HomeMy WebLinkAbout09. 16-549
DECEMBER 13, 2016 16-549 RESOLUTION
(CARRIED 7-0 LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET & EASEMENTS TO
WISCONSIN PUBLIC SERVICE FOR INSTALLATION OF SOIL
VAPOR MONITORING WELLS AT 303 CEAPE AVENUE/ COURT
STREET SOUTH OF CEAPE AVENUE AND ADJACENT CITY
PARKING LOT/ 11 BROAD STREET
INITIATED BY: WISCONSIN PUBLIC SERVICE CORPORATION
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, Wisconsin Public Service Corporation has requested a privilege in
street for installation of soil vapor monitoring wells within the right or way of Ceape Ave,
Court Street and Broad Street as well as easements for installation of said monitoring
wells as needed on City property per the attached; 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
Wisconsin Public Service Corporation and its contractors, a privilege in street and
easements are hereby granted for installation of soil vapor monitoring wells at 303 Ceape
Avenue/ Court Street south of Ceape Avenue and Adjacent City Parking lot/ 11 Broad
Street, per the attached, with the following conditions:
1) The soil gas probes 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.
DECEMBER 13, 2016 16-549 RESOLUTION
CONT’D
2) If no longer needed, the soil gas probes be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
3) Any problem that may arise as a result of the placement of the soil gas probes be
the responsibility of the petitioner/owner to correct in coordination with the
Department of Public Works.
4) All appropriate permits are obtained prior to the start of placement of the soil gas
probes.
5) The soil gas probes be modified or removed immediately upon the request of the
City.
6) 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.
7) 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 within ten
(10) days of notice.
8) The petitioner/owner execute a hold harmless agreement with the City.
9) The facility is part of and documented with Digger’s Hotline system.
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Memorandum
DATE: December 8, 2016
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
SUBJECT: Approve Granting Privilege in Street & Easements to Wisconsin Public Service for
Installation of Soil Vapor Monitoring Wells at 303 Ceape Avenue/Court Street South of
Ceape Avenue and Adjacent City Parking Lot/11 Broad Street (Plan Commission
recommends approval)
BACKGROUND
The former Oshkosh Manufactured Gas Plant (MGP) property located at 303 Ceape Avenue was
purchased by the City in 2003 from Wisconsin Public Service Corporation and is now home to
Riverside Park, which includes the Leach Amphitheater, parking lot, concession buildings, restroom
facilities, landscaped lawn, and paved walkways. The Park currently extends from the Upper Fox
River on the south, to State Street on the west, to Ceape Avenue on the north, and to Broad Street right-
of-way on the east, encompassing approximately 7 acres. The park footprint includes the former MGP
facility and about 200 feet of the southern portion of former Court Street right-of-way.
ANALYSIS
The petitioner is seeking approval to install four soil gas probes in the City's right-of-way and City -
owned property for the former Manufactured Gas Plant Site Remedial Investigation which will be done
in accordance with the Environmental Protection Agency regulatory requirements to evaluate vapor
intrusion conditions through evaluation of the property. The environmental evaluation calls for soil
gas probes to be installed in a grassed area adjacent to the Oshkosh Convention Center parking lot, the
driveway approach to this parking lot, the sidewalk adjacent to the Leach Amphitheater parking lot,
and a grassed area of the Leach Amphitheater property. The privilege in the street is required for the
two probes that will be installed in the public right-of-way and easements will be required for the two
probes that will be installed on City -owned property. The probes will be installed in the backfill
around the existing manholes and will not have any impact on existing buildings or structures or result
in any issues or be visible from adjacent properties. The installation will be coordinated with the
Department of Public Works to document the easements and ensure no conflicts with City utilities.
The Department of Public Works has reviewed the request and has no concerns with the proposed
installation that will not be addressed with the standard conditions placed on these requests.
FISCAL IMPACT
No fiscal impact is anticipated by installing monitoring wells in the right-of-way.
RECOMMENDATION
The Plan Commission recommended approval of granting a privilege in the street and easements with
conditions at its December 6, 2016 meeting.
Respectfully Submitted,
oily
Darryn Burich
Director of Planning Services
Approved,
Mark Rohloff
City Manager
City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130
http://www.ci.oshkosh.wi.us
The City of Oshkosh creates and maintains GIS maps and data for is ow. n use. They may show the
approximate relative Icca§on of property, boundaries and other feature from a vaiety of sources.
These map(skdatasets are provided fa information purposes only and may not be suffdent or
appropriate for legal, engineering, or surveying purposes. They are provided 'AS -IS' without
wananBes of any kind and the City of Oshkosh assumes no IdAty for use or misuse.
Commixbn Site Plan Map Temptah-Tlan Comm'ssion Si a Pan Map Template.mxd
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1 in =130 ft
Printing Date: 111412016
Prepared by: City of Oshkosh, WI
411
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ITEM: GRANT PRIVILEGE IN THE STREET & EASEMENTS FOR INSTALLATION
OF SOIL VAPOR MONITORING WELLS AT 303 CEAPE AVENUE/COURT
STREET SOUTH OF CEAPE AVENUE AND ADJACENT CITY PARKING
LOT/11 BROAD STREET
Plan Commission meeting of December 6, 2016.
GENERAL INFORMATION
Petitioner: Wisconsin Public Service Corporation
Owner: City of Oshkosh
Action Requested:
Wisconsin Public Service is requesting privilege -in -the -street and granting of easements to allow
for installation of four soil gas probes in City right-of-way and City -owned property.
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 former Oshkosh Manufactured Gas Plant (MGP) property located at 303 Ceape Avenue was
purchased by the City in 2003 from Wisconsin Public Service Corporation and is now home to
Riverside Park, which includes the Leach Amphitheater, parking lot, concession buildings,
restroom facilities, landscaped lawn, and paved walkways. The Park currently extends from the
Upper Fox River on the south, to State Street on the west, to Ceape Ave. on the north, and to
Broad Street right-of-way on the east, encompassing approximately 7 acres. The park footprint
includes the former MGP facility and about 200 feet of the southern portion of former Court St.
right-of-way.
The petitioner is seeking approval to install four soil gas probes in the City's right-of-way and
City -owned property for the former Manufactured Gas Plant Site Remedial Investigation. This
environmental investigation will be done in accordance with United States Environmental
Protection Agency (USEPA) regulatory requirements to evaluate vapor intrusion conditions
through quantitative evaluation of the property. This environmental evaluation calls for soil gas
probes to be installed in the following locations:
1. Grassed area adjacent to the Oshkosh Convention Center parking lot.
2. Driveway approach to the Oshkosh Convention Center parking lot.
3. Sidewalk adjacent to Leach Amphitheater parking lot.
4. Grassed area east of Leach Amphitheater between City Parks' storage building and City
pump station.
Privilege -in -the -street is required for the two soil gas probes that will be installed in the public
right-of-way and easements will be required for the two gas probes that will be installed on City-
owned property. The soil gas probes are to be installed in the backfill around existing manholes
and will not have any impact on existing buildings or structures. The petitioner has indicated
that there should be no issues with noise, glare, odor, fumes, or vibrations and the soil gas probes
will not be visible from adjacent properties.
The petitioner will coordinate with the Department of Public Works to properly document the
easements and 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 and granting of easements
with the following conditions:
1) The soil gas probes 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.
2) If no longer needed, the soil gas probes be properly abandoned and removed in
accordance with City standards and under the direction of the Department of Public
Works.
3) Any problem that may arise as a result of the placement of the soil gas probes be the
responsibility of the petitioner/owner to correct in coordination with the Department of
Public Works.
4) All appropriate permits are obtained prior to the start of placement of the soil gas probes.
5) The soil gas probes be modified or removed immediately upon the request of the City.
6) 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.
7) 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 within ten (10) days of notice.
8) The petitioner/owner execute a hold harmless agreement with the City.
9) The facility is part of and documented with Digger's Hotline system.
The Plan Commission approved of the privilege -in-the-street and granting of easements to allow
for installation of four soil gas probes in City right-of-way and City -owned property as requested.
The following is the Plan Commission's discussion on this item.
Mr. Slusarek presented the item and reviewed the site and areas of the proposed easements and
privilege in street installations. He explained the reason for the request which was for an
environmental investigation to evaluate vapor intrusion conditions. He further explained that the
two privilege in street requests were required as the installation would be in the City right-of-way
Item- 303 Ceape Ave.lCourt St. - Priv in StreetlEasement
and the easement requests were for the two installations that would be located on City -owned
property. The installations would be coordinated with the Department of Public Works to
properly document the easements and ensure no conflicts with City utilities. He also reviewed
the conditions recommended for this request which are standard for these types of requests.
Mr. Borsuk arrived at 4:03 pm.
Mr. Thorns questioned if the insurance coverage referenced in the conditions was adequate.
Mr. Slusarek responded affirmatively and stated that this was researched recently and updated
and the current language used was reviewed and approved by city staff that deal with these
details.
Mr. Bowen arrived at 4:04 pm.
Mr. Thorns suggested that staff further research the amount of insurance coverage referenced in
condition #6 to ensure that it is an adequate amount as he felt it should be higher.
Mr. Burich responded that he would follow up on that matter but this is the standard policy for
the city for these requests and he felt the amount of coverage is correct unless he would be
directed otherwise by the staff that handles this aspect for such requests. He further stated that
he did not want to hold up this request but would look into the matter for future items of this
nature.
Motion by Kiefer to grant a privilege in the street and easements for installation of soil vapor
monitoring wells located at 303 Ceape Avenue/Court Street south of Ceape Avenue and adjacent
City parking lotlll Broad Street with the following conditions:
1. The soil gas probes 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.
2. If no longer needed, the soil gas probes be properly abandoned and removed in accordance
with City standards and under the direction of the Department of Public Works.
3. Any problem that may arise as a result of the placement of the soil gas probes be the
responsibility of the petitioner/owner to correct in coordination with the Department of
Public Works.
4. All appropriate permits are obtained prior to the start of placement of the soil gas probes.
5. The soil gas probes be modified or removed immediately upon the request of the City.
6. The petitionerlowner 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.
7. It is the responsibility of the petitionerlowner 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 within ten (10) days of notice.
Item- 303 Ceape five./Court St. - Priv in Sh-eetlEasement
8. The petitionerlowner execute a hold harmless agreement zoith the City.
9. The facility is part of and documented with Digger's Hotline system.
Seconded by Propp. Motion carried 9-0.
Item- 303 Ceape Ave.lCourt St. - Priv in Street/Easement
SUBMiTTO:
City of Oshkosh Dept. ofconvYwrmtyDevelopment
215 Chtxch Ave., P.O. Box 1130
cltol General Application Oftosh,VA 54901
Oshkosh PHONE: (920) 236-5059
"PLEASE TYPE OR PRINT USING BLACK INK#0
APPLICANT INFORMATION
Petitioner: Wisconsin Public Service Corporation Date: 10/21/2016
Petitioner's Address: 700 North Adams Street City: Green Bay State: Wl zip: 54301
#:
Telephone (414) 221-2156 (414) 221-2022 rrz,00r�.t�ses.w�,
p ( ) Fax: ( ) Other Contact # or !:mail:
Status of Petitioner (Please Check): ❑ Owner,X Reptpsentative i jenant ❑Prospective Buyer
Petitioner's Signature (required): Date:
1
f
OWNER INFORMATION
Owner(s): City of Oshkosh Date: 1021/2016
Owner(s) Address: 215 Church Ave. City: Oshkosh state: Wl zip: 54901
Telephone #: ( 920) 236-5659 Fax: ( ) Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual n Trust ❑ Partnership K, 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 Services Division for incomplete submissions or other
administrative reasons.
Property Owner's Signature:
TYPE OF REQUEST:
❑ Access Control Variance
0 Easement Court Street
IN Privilege in Street (identify)
❑ Other(identify)
SITE INFORMATION
Address/Location of Proposed Project: 303 Ceape Avenue, Oshkosh, Wl
Proposed Project Type: Installation of soil vapor monitoring wells
Current Use of Property: City of Oshkosh Right of Way and Sidewalk Zoning: Central Commerfcial
Land Uses Surrounding Your Site: North: Urban Mixed Use
South: Upper Fox River
East: Leach Amphitheater
West: Oshkosh Convention Center
A 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 www.ci.oshkosh.vA.us/Community_Development/Planning.htm
Staff-_ Date Recd dt
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0 NA`T'UrzAL
R E S O U R c C 234 W. FLORIDA STREET, FiFTH FLOOR
AWINTECHNOLOGY MILWAUKEE, WISCONSIN 53204
(P) 414.837.3607
ENViRONMENTAL CONSULTANTS (F) 414.837.3608
Mr. Frank Dombrowski October 19, 2016
WEC Energy Group - Business Services (1312)
333 West Everett St., A231
Milwaukee, WI 53203
RE: City of Oshkosh - General Application for installation of Soil Vapor Probes - 303 Ceape Ave., Oshkosh,
WI
Dear Mr. Dombrowski,
Natural Resource Technology is providing this narrative for the City of Oshkosh General Permit for obtaining
approval to install four soil gas probes in the City of Oshkosh right of way and sidewalk for the Former Oshkosh
Manufactured Gas Plant (MGP) Site Remedial Investigation. The former MGP was operated by Wisconsin Public
Service Corporation (WPSC), a subsidiary of WEC Energy Group, and other utility companies operated the facility
from 1869 to 1946. In 2003, the City of Oshkosh purchased the property from WPSC.
Site Description, Current Conditions and Existing Use of the Property
The former Oshkosh MGP property is located at 303 Ceape Avenue, Oshkosh, Winnebago County, Wisconsin
(Figure 1). The former MGP property, now known as Riverside Park and owned by the City of Oshkosh, has an
amphitheater (Leach Amphitheater), parking lot; concession buildings, restroom facilities, landscaped lawn, and
paved walkways. The property encompasses an area of approximately 7 acres as shown on the property owner
and zoning map (Figure 2). The Park currently extends from the Upper Fox River on the south to State Street on
the west, to Ceape Avenue on the north, and to Broad Street right-of-way on the east. The Park footprint includes
the former MGP facility and about 200 feet of the southern portion of former Court Street right-of-way.
Proposed Use of the Property
The property use will not change as a result of the proposed environmental investigation activities., This work is
being conducted in accordance with USEPA-regulatory requirements. On April 20, 2016, the United States
Environmental Protection Agency approved the WPSC Oshkosh Former MGP Site -Specific Work Plan Revision 1
(SSWP). The SSWP has requirements to evaluate vapor intrusion (VI) conditions through quantitative evaluation
of the property formerly owned by WPSC which was purchased by the City of Oshkosh.
Based on the soiltype, soil quality, depth to groundwater, and groundwater quality data, it is possible that backfill
around utility corridors may come into contact with MGP related VI contaminants of concern on the former MGP
property. Utility corridors that cross the former MGP Site will be further evaluated as discussed below. However,
utility corridors are not expected to be significant preferential vapor pathways due to the presence of sandy soils
and shallow groundwater surrounding the former MGP site which have been shown to contain very low or non -
detectible concentrations of VI contaminants.
The SSWP calls for four soil gas probes (SG01 through SG04) to be completed in the backfill of utility lines
identified on Figure 1 Due to the shallow groundwater, a single vapor probe will be installed at each of the
sampling locations. The probes will also be placed through sidewalks or other paved surfaces to reduce the
possibility for short-circuiting to the atmosphere. The probes will be installed in the soil column approximately 1 -
foot above the water table to maximize the depth of each sample probe below ground surface.
Soil vapor probes will be installed using direct push methods as semi-permanent probes with flush mount covers
such that they can be sampled more than one time to assess data validity and temporal/seasonal effects. Soil gas
samples will be collected at least twice over the next 12 months. It assumed that 1 liter summa canisters will be
used for sample collection. A vault and well cover and small concrete apron will be
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October 19, 2016
Page 3
NATURAL
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The locations where the soil gas probes are proposed to be installed are as follows (see Figure 1):
a SG01 — Grassed area adjacent to the Oshkosh Convention Center parking tot.
a SG02 — Driveway approach to the Oshkosh Convention Center parking lot.
a SG03 — Sidewalk adjacent to Leach Amphitheater Parking lot.
a SG04 — Grassed area east of Leach Amphitheater between City of Oshkosh Parks storage building
and City of Oshkosh pump station
Identification of structures on the property and discussion of their relation to the project
The four soil gas probes are to be installed in the backfill around existing manholes. They will not be affected by
nor have any impact upon existing buildings or structures.
Projected number of residents, employees, and/or daily customers.
This is not applicable to this project. The soil gas probes will have no impact upon patrons to the convention
center, park users or City employees.
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.
This is not applicable to this project. There are no proposed dwelling units, floor areas, landscape areas, or
parking areas proposed for this work. The total area to be occupied by the four soil vapor probes is far less than
11100'h acre.
Effects on adjoining properties to include: noise, hours of operation, glare; odor, fumes,
vibration, etc.
Past experience indicates there should be no issues with noise, glare, odor, fumes, or vibrations. Installation of
the soil gas probes will be a one-time event which take one day to install and will take place between 7 am and 5
pm that specific day. Two, 1 -day soil gas sampling events will take place over a 12 month period. Soil gas
sampling event will occur between 7 am and 5 pm that specific day. It is possible that one or more parking sapces
in the Convention Center parking lot may need to be secured during the sampling events.
Surrounding land uses
The surrounding land use is a mixture of municipal, commercial, industrial and residential (see Figure 2). There
are no proposed changes for surrounding land uses. The soil gas probes will not affect nor in anyway be
inconsistent with surrounding land use.
Compatibility of the proposed use with adjacent and other properties in the area
The soil gas probes will have flush mount vaults and will not be visible from adjacent properties. (see Exhibits 1
and 2). The installation and monitoring of the vapor probes will not affect adjacent properties in any manner.
Traffic generation
This is not applicable to this project. Traffic will not be generated by the four soil gas probes. During installation, to
crew of three and two vehicles along with a drilling rig will be used. One vehicle and a crew of two will be involved
in each of the two sampling events.
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appropriate for legal, engineering, or surveying purposes. They are pfoVded 'AS -I$' without
warranties of any kind and the City of Oshkosh assumes no fabitity for use or misuse.
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The City of Oshkosh creates and maintans GIS maps and data fa its own use. They may show the
appropmale relative location of property, boundaries and other feature from a variety of sources.
These maNsydatasets are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are proMed 'AS -13' without
warranties deny kind and the City of Oshkosh assumes no Wilily for use or misuse.
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approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date: 11/4/2016
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These map(s)/datasets are provided for information purposes only and may not be sufficient orOshkosh
appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS' without Prepared by: City of Oshkosh, WI
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
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