HomeMy WebLinkAbout11. 17-231 MAY 9, 2017 17-231 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND RESOLUTION 16-549 GRANTING PRIVILEGE IN
STREET TO WISCONSIN PUBLIC SERVICE FOR
INSTALLATION OF SOIL VAPOR MONITORING WELLS AT 303
CEAPE AVENUE AND AT COURT STREET SOUTH OF CEAPE
AVENUE
INITIATED BY: CITY ADMINISTRATION
WHEREAS,Wisconsin Public Service requested and was granted a privilege in street
for the purpose of installing monitoring wells at 303 Ceape Avenue and at Court Street
south of Ceape Avenue; and
WHEREAS, one of the conditions for the exercise of the privilege in street was
registration with Digger's Hotline; and
WHEREAS, WPS has requested to be relieved of the condition of registering with
Digger's Hotline because the monitoring wells will be completely vertical and will be
visible from the surface, making registration unnecessary.
BE IT RESOLVED by the Common Council of the City of Oshkosh that condition 9)
from Resolution 16-549 adopted on December 13, 2016 requiring registration of WPS
monitoring well facilities located at 303 Ceape Avenue and at Court Street south of Ceape
Avenue is hereby removed. All other conditions shall remain in full force and effect and
the proper City officials are hereby authorized to take those steps necessary to modify the
privilege granted as authorized by this resolution.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: May 9, 2017
RE: Amend Resolution 16-549 Granting Privilege in Street to Wisconsin Public Service
for Installation of Soil Vapor Monitoring Wells at 303 Ceape Avenue & at Court
Street South of Ceape Avenue
BACKGROUND
As the previous owner of the property on which the Leach Amphitheater was constructed, as
well as some surrounding properties, WPS retains some on-going environmental
responsibilities for the property. In 2016 they were instructed by the US EPA to perform some
additional monitoring of the property. They need to install four temporary monitoring wells.
Two of the wells will be on City property, and two will be within the right-of-way. At the
Council meeting on December 13, 2016, Resolution 16-549 was approved which authorized
temporary easements for the monitoring wells to be installed on City property, and privileges
in the street for the monitoring wells to be installed within the right of way. The City's standard
conditions for privileges in the street were applied in this case. One of the conditions of the
privilege in the street was a requirement that WPS register the monitoring wells with Diggers
Hotline. WPS disagrees with the Diggers Hotline requirement as unnecessary, and points out
that the monitoring wells will be completely vertical, will be visible at the surface, and will be
temporary. Therefore, WPS states that they are not otherwise required to mark these types of
vertical, surface level structures even if called to perform a location in the right of way. WPS
states that Diggers Hotline is an unnecessary expense without achieving any benefit due to the
nature of the installation.
ANALYSIS
Visible structures that are solely vertical in the right-of-way are generally not marked. In light
of this, and in light of the fact that the City has prepared easement agreements and privilege in
the street agreements that require WPS take steps to ensure that the monitoring wells remain
visible to those on the surface, WPS's request that they do not register these temporary wells
with Diggers Hotline seems reasonable under the circumstances.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
No fiscal impact.
RECOMMENDATION
Staff recommends that this request be approved.
Respectfully Submitted,
Lynn . Lorenson
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us