HomeMy WebLinkAboutItem ! PLAN COMMISSION STAFF REPORT APRIL 16,2019
ITEM I: GRANT PRIVILEGE IN THE STREET AND EASEMENTS FOR
CONDUCTING SOIL BORING ADVANCES AND INSTALL MONITORING
WELLS WITHIN THE COURT STREET CEAPE AVENUE AND BROAD
STREET RIGHTS-OF-WAY AND RIVERSIDE PARK/LEACH
AMPHITHEATER PROPERTIES
GENERAL INFORMATION
Applicant: O'Brian&Gere Engineers,Inc.,Wisconsin Public Service Corporation
Owner: City of Oshkosh
Action Requested:
O'Brian&Gere Engineers, Inc. and Wisconsin Public Service Corporation is requesting a
privilege in the street and granting of easements to allow for soil boring advances and installation
of monitoring wells 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. Any location of a non-city or public utility use on city property
requires the granting of easements to the requesting party.
Property Location,Background Information and Analysis:
The former Oshkosh Manufactured Gas Plant(MGP) property located at 303 Ceape Avenue
operated from 1869 to 1946. The City purchased the property 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 proposed work is part of an ongoing remedial investigation of the MGP site. Adverse soil
conditions were observed during reconstruction of Court Street and Ceape Avenue. This
prompted a notification to WPSC. WPSC coordinated with the United States Environmental
Protection Agency to expand the site investigation and address data gaps within the site and
public right-of-way.
The applicant is seeking approval to advance ten soil borings in the city's right-of-way(privilege
request) and seven borings within the park property(easement request). The privilege request
also includes locations of existing monitoring wells in Court Street and Broad Street rights-of-way
(Exhibit A, P-111,GW-02R,MW-110&P-108). The easement request includes existing
Page 1
monitoring wells located within the park property (Exhibit A, GW-01R, GW-03, GW-04,P-103&
P-105). The proposed borings located in the right-of-way will be located within the terrace area
so that street pavement/sidewalk will not be disturbed. The borings located on the park property
are primarily located along the north side of the riverwalk and south of Court Street. The depths
of the borings will be based on soil observations but should not be more than 30 feet deep. Once
the investigation is complete,the boings will be abandoned using methods approved by the
Department of Public Works.
Two soil borings (SB207&SB210) located on the west terrace of Court Street south of Ceape
Avenue will be converted into groundwater monitoring wells. The proposed installation of the
wells will be reviewed and approved by the Department of Public Works. The petitioner does
not state how long the monitoring wells will be required,however,based on the history of the site
the wells will probably be in use for several years. The wells will be visited periodically to collect
samples to document changes in ground water quality.
The applicant states additional(contingency step-out)borings may be required along the south
terrace of Ceape Avenue and east terrace of Court Street(hatched areas on Exhibit B). Need for
the additional borings will be based on observations from other borings. The contingency areas
on the map are part of the privilege request and will require review and approval by the
Department of Public Works.
The petitioner will coordinate with the Department of Public Works to select final locations of the
borings and monitoring wells to ensure there are no conflicts with city utilities/facilities prior to
the Common Council approving the privilege and easement requests. The City Attorney's Office
is working with Wisconsin Public Service Corporation to prepare privilege and easement
documentation which will recorded at the Winnebago County Register of Deeds once approved
by the Common Council.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the request for the privilege-in-the-street and granting of
easements with the following conditions:
1) The Petitioner shall follow all of the City's standard specifications for construction, along
with all Municipal Code requirements.
2) The Petitioner shall work with the Department of Public Works regarding the precise
location of all soil borings and monitoring wells within the public right-of-way and any
parcel used by that Department. The Department of Public Works shall approve all
precise locations,but the approval shall not be unreasonably denied.
3) The Petitioner shall work with the Parks Department regarding the precise location of all
soil borings and monitoring wells within the Leach property and the Riverside Park
property. The Parks Department shall approve all precise locations,but the approval shall
not be unreasonably denied.
4) All monitoring wells that are eventually abandoned shall be removed no less than thirty-
six (36) inches below the surface, and then abandoned according the requirements of the
Item I-Ceape Ave./Court St.-Privilege in Street/Easement
Page 2
Wisconsin Department of Natural Resources, or the U.S. Environmental Protection
Agency, or other applicable regulatory body.
5) Petitioner shall provide copies of information and materials related to the soil borings and
monitoring wells on City property that are also submitted to the Wisconsin Department of
Natural Resources and/or the U.S. Environmental Protection Agency.
6) Petitioner is responsible for costs, expenses and damages to the extent they are related to
Petitioners activities pursuant to the Privilege in the Street and/or easement. Any problem
that may arise as a result of the placement of the soil boring and installation of monitoring
wells be the responsibility of the petitioner to correct in coordination with the Department
of Public Works and the Parks Department, depending on the location of the problem.
7) All appropriate permits, including but not limited to right-of-way permits, are obtained
prior to the start of soil boring and monitoring well placement.
8) 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.
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
may result in the revocation of the privilege in street within ten(10) days of notice.
10) The petitioner shall enter into separate privilege in the street and easement agreements
that will formalize the agreements between the City and the petitioner. The agreements
shall include these conditions, and City staff is also authorized to include additional
conditions that are in the best interests of the City.
11) The facility is part of and documented with Digger's Hotline system.
12) The Petitioner shall take into consideration the City's use of the easement property and
the right-of-way and as a result plan its actions to provide the least amount of disruption
that is reasonably possible.
Item I-Ceape Ave./Court St.-Privilege in StreetlEasement
Page 3
SUBMIT TO:
City of Oshkosh Dept.of Community Development
215 Church Ave.,P.O.Box 1130
Cilyof General Application Oshkosh,WI 54901
Oshkosh PHONE:(920)236-5059
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: Wisconsin Public Service Corporation Date: 03/15/2019
Petitioner's Address: 700 North Adams Street City: Green Bay State: WI Zip: 54307-9001
Telephone #: (414 ) 221-2156 Fax: (414 ) 221-2022 Other Contact# or Email:Frank.Dombrowski@wecenergygroup.com
Status of Petitioner (Please Check): j Owner Repres tative ❑ nant ❑ Prospective Buyer
Petitioner's Signature (required): . Date:
OWNER INFORMATION
Owner(s): City of Oshkosh Date: 03/15/2019
Owner(s) Address: 215 Church Avenue City: Oshkosh State: WI Zip: 54903
Telephone#: (920 ) 236-5059 Fax: (920) 236-5053 Other Contact#or Email:
Ownership Status (Please Check): ❑Individual ❑Trust ❑Partnership VCorporation
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: Date:
TYPE OF REQUEST:
❑ Access Control Variance
❑ Easement
• Privilege in Street(identify) Court Street and Ceape Avenue,and Court Street intersection
❑ Other (identify)
SITE INFORMATION
Address/Location of Proposed Project: 303 Ceape Avenue Oshkosh,WI 54901
Proposed Project Type: Remedial Investigation:Soil borings and groundwater monitoring wells
Current Use of Property: City of Oshkosh Right-of-Way and Sidewalk Zoning: Central Commercial
Land Uses Surrounding Your Site: North: Urban Mixed Use
South: Upper Fox River
East: Leach Ampitheater
West: Reff Baivier Bermingham & Lim Building and Oshkosh Convention Center
➢ 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.wi.us/Community_Development/Planning.htm
Staff Date Rec'd
Page 4
NARRATIVE FOR GENERAL APPLICATION FOR INSTALLATION OF SOIL BORINGS AND
GROUNDWATER MONITORING WELLS ALONG COURT STREET AND CEAPE AVENUE
This narrative is being provided as part of the City of Oshkosh General Application for obtaining approval to
advance 10 soil borings and install two groundwater monitoring wells in the City of Oshkosh right-of-way
(ROW).
Proposed work is being completed as part of the remedial investigation of the Former Oshkosh Manufactured
Gas Plant(MGP) Site.The former MGP site was operated by Wisconsin Public Service Corporation(WPSC),a
subsidiary of WEC Energy Group,and other utility companies from 1869 to 1946.The City of Oshkosh purchased
the property in 2003 and the area is now known as Riverside Park(The Park).Details on proposed activities
within the City of Oshkosh ROW is described in the following sections.
Current Conditions and Background
The Park is located at 303 Ceape Avenue,Oshkosh,Winnebago County,Wisconsin(Figure 1) and extends to
Ceape Avenue to the north,Broad Street ROW to the east,the Upper Fox River to the south and State Street to
the west.The former MGP footprint has an amphitheater(Leach Amphitheater),parking lot,concession
buildings,restroom facilities,landscaped lawn,and paved walkways.Court Street and Ceape Avenue are paved
and grass ROWS to access The Park and surrounding properties.
On April 20,2016,the United States Environmental Protection Agency(USEPA) approved the WPSC Oshkosh
Former MGP Site-Specific Work Plan Revision 1 (SSWP)to address historical impacts from the former MGP.
Following notification of observations during utility upgrades along Court Street and the Ceape Avenue/Court
Street intersection in April and May 2018 by the City of Oshkosh,supplemental investigation activities to be
completed by WPSC was approved by the USEPA to address data gaps within the site and the ROW(SSWP
Addendum 2,Revision 3).The proposed activities in this general application aims to address the data gaps in the
ROW.
Proposed Activities
The proposed activities to be completed in the City of Oshkosh ROW are presented on Figure 1 and summarized
as follows:
Advance 10 soil borings (SB206 to S13215) into the top of the underlying clay layer and collect representative
soil samples.
Convert two of the 10 soil boring locations to permanent groundwater monitoring wells (MW207 and
MW210) for future groundwater sampling events.
If impacts observed in the exterior soil borings to the north (SB213),east(SB215) and west(SB212),advance
contingency(step-out) borings to delineate any impacts observed at exterior boring locations within the
hashed areas indicated.
Following the approval of the applicable permits and utility clearance,soil borings will be advanced using direct
push drilling methods (Geoprobe®).Borings will be advanced into the underlying clay layer and depth will be
dependent on observations within the fill and clay material below ground surface.It is estimated borings will be
a maximum depth of 30 feet deep.
Once soil sampling is completed,soil borings not being converted to groundwater monitoring wells will be
backfilled with sealing material (bentonite granules or bentonite chips).Sealing material will be placed via
gravity in the borehole in a manner that detects and prevents bridging and displaces the borehole water column.
Borehole bentonite granules and chips expand once hydrated to seal the boring.The final 1 foot of the boring
will be backfilled with gravel and grass sod (locations within grass areas) or concrete (locations on pavement)
placed on top to complete.
1
Page 5
Ceape Avenue
Water main running east to west along the center of the street
Storm sewer main running east to west along Ceape Avenue(west of the Ceape Avenue/Court Street
intersection) on the north side of the street.The utility jogs to the center of Ceape Avenue within the
Ceape Avenue/Court Street intersection and ends
Sanitary sewer which begin along the south side of Ceape Avenue,within the Ceape Avenue/Court Street
intersection,and east to west along Ceape Avenue,jogging to the north side of the street after the
amphitheater parking lot apron.
Electrical lines run east to west along Ceape Avenue and jog to the south side of the Street after the Ceape
Avenue/Court Street intersection
Gas main utility line on the north side of Ceape Avenue running east to west.
Identification of structures on the property and discussion of their relation to the project
The soil borings and groundwater monitoring wells installed along Court Street and Ceape Avenue ROW will not
be affected by nor have any impact upon existing buildings or structures.All utilities will be cleared prior to
advancing borings by calling the DIGGERS HOTLINE.
Projected number of residents, employees, and/or daily customers.
The soil borings and groundwater monitoring wells will have no impact upon patrons to the park,convention
center,City of Oshkosh employees,Court Tower Apartment complex residents,or Reff Baivier Lim Muza Sundet
&Dunham,S.C.law firm patrons or 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.
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 soil borings and groundwater monitoring wells is less than 1/1001h 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.Soil boring
advancement and installation of groundwater monitoring wells will be a one-time event which will take
approximately three days within the ROW,and will take place between 7 am and 5 pm on the designated days.
Two,one-day groundwater sampling events (within the ROW)will take place over a 12-month period and
between 7 am and 5 pm on those specific days.
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 borings and groundwater monitoring wells will not
affect surrounding land use.
Compatibility of the proposed use with adjacent and other properties in the area
The soil boring surface will be returned to a similar surface condition as what is already present(grass or
concrete).Groundwater monitoring wells will be finished with traffic rated flush mount protection vaults and
will not be visible from adjacent properties.The advancement and installation and future sampling of
groundwater monitoring wells will not affect adjacent properties.
3
Page 6
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• • •
PHOTOGRAPHIC LOG
CLIENT NAME: SITE LOCATION: PROJECT NO.
i
Wisconsin Public Service i Oshkosh Former Manufactured Gas Plant(MGP) 67968
Corporation (WWPSC) Oshkosh,Wisconsin
PHOTO NO. DATE:
1 7/6/16
DESCRIPTION
Example of a groundwater
monitoring well vault flush
with surrounding surface
following completion,
CLIENT NAME: SITE LOCATION: PROJECT NO.
Wisconsin Public Service Oshkosh Former Manufactured Gas Plant(MGP) 67968
Corporation (WVPSC) Oshkosh,Wisconsin
PHOTO NO. DATE: -- - -
2 1 9/19/17 7 —
DESCRIPTION
Example of a soil boring
location completed on
concrete pavement
following completion.
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