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HomeMy WebLinkAbout19. 21-464AUGUST 24, 2021 SEPTEMBER 14, 2021 21-445 21-464 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCE FOR STREETS TO REMAIN OPEN DURING COURSE OF EXCAVATION WORK TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CLOSURES NECESSARY FOR EMERGENCY WORK OR TO ALLOW FOR SAFE CONDITIONS FOR WORKERS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 25-23 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STREET TO REMAIN OPEN DURING COURSE OF EXCAVATION WORK WHEREAS, the City requires certain streets to remain open during the course of excavation; and WHEREAS, staff is proposing that the ordinance be amended to give staff the ability to review and approve of closures when in the opinion of staff the closure is necessary due to emergency conditions or expedient to provide a safe area for workers to complete projects; and when such closure does not present an undue burden upon emergency services and upon the traveling public to provide a more consistent, efficient and timely process for review of such requests. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 25-23 of the City of Oshkosh Municipal Code pertaining to Street to Remain Open to Traffic during Course of Excavation Work is hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. AUGUST 24, 2021 SEPTEMBER 14, 2021 21-445 21-464 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-464 AMEND ORDINANCE FOR STREETS TO REMAIN OPEN DURING COURSE OF EXCAVATION WORK TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO APPROVE CLOSURES NECESSARY FOR EMERGENCY WORK OR TO ALLOW FOR SAFE CONDITIONS FOR WORKERS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 25-23 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO STREET TO REMAIN OPEN DURING COURSE OF EXCAVATION WORK) on September 14, 2021. The ordinance revises the City’s current ordinances to give staff the ability to review and administratively approve of closures when in the opinion of staff the closure is necessary due to emergency conditions or expedient to provide a safe area for workers to complete projects; and when such closure does not present an undue burden upon emergency services and upon the traveling public. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: August 20, 2021 RE: Amend Ordinance for Streets to Remain Open during Course of Excavation Work to Authorize the Director of Public Works to Approve Closures Necessary for Emergency Work or to Allow for Safe Conditions for Workers BACKGROUND The City of Oshkosh has had an ordinance limiting the ability of city crews and private contractors to close certain streets during excavation or construction. These streets include all state highways, county roads, detour routes and one-way streets, as well as, a significant list of other major roadways within the City of Oshkosh. When these roads do need to be closed for roadwork, repairs of utility services or other reasons, the city and private contractors must currently come before Council to request closure and because this is regulated by ordinance, it either takes two readings before the Council, or an additional motion to waive the rules and adopt on first reading. In all cases in recent memory, the Council has followed the recommendations of the Department of Public Works, working with the Police and Fire Departments, in relation to these requests. In some instances, the need to deal with an emergency situation prevents this longer application to Council route and staff has worked through the Board of Public Works (the City Manager) to declare an Emergency and allow the repairs to proceed more expeditiously. In those cases, while the City Manager may declare the emergency, the Council will then be required to act at a later date to declare an end to the emergency. The processes for closing roads have worked, although because of the necessity to deal with emergencies as they may arise, different situations may take a different path to close and reopen. Both processes are also somewhat labor intensive, requiring drafting of ordinances or resolutions and council action. Staff is proposing that the ordinance be amended to give staff the ability to review and approve of closures when in the opinion City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us of staff the closure is necessary due to emergency conditions or expedient to provide a safe area for workers to complete projects; and when such closure does not present an undue burden upon emergency services and upon the traveling public. ANALYSIS The proposed amendment would eliminate the requirement to take requests for street closures to the Council and would authorize the Director of Public Works to approve requests for closures after consultation with the Police and Fire Departments. The ordinance would require such closures to be necessary due; to an emergency condition or to the need to provide a safe working environment for workers to complete projects, and would require the Director of Public Works to consider the potential disruption to emergency services and the traveling public in the determination whether to allow the requested closure. These are the same considerations that are reviewed currently when making recommendations to the Council for requests. The proposed ordinance would also allow the Director to impose conditions on the closures similar to the conditions that the Council currently sees on requests as recommended by the Director of Public Works and the Police and Fire Departments. The proposed amendment allows for quicker processing of requests and would eliminate the need for Council action to end emergency requests that had been previously approved through the Board of Public Works. The draft ordinance also reformats the current ordinance to list streets alphabetically and improve readability. No changes were made to the streets that were currently listed. FISCAL IMPACT There is no anticipated fiscal impact associated with the proposed ordinance change. RECOMMENDATION Staff recommends adoption of the Ordinance. Respectfully Submitted, Approved: Lynn A. Lorenson John Fitzpatrick City Attorney Asst. City Manager / Dir. of Admin. Services SECTION 25-23 STREET TO REMAIN OPEN TO TRAFFIC DURING COURSE OF EXCAVATION WORK Except as provided below, whenever work is performed within the following right of way areas a passageway of not less than 10 feet in the traveled portion of the street must remain open for travel at all times: State Highways and County roads One-way streets Detour routes Algoma Blvd. Bowen St. Campbell Rd. Eagle St. (5th Ave. to Adams St.) Elmwood Ave. (Algoma Blvd. to Irving Ave. and Lincoln Ave. to New York Ave.) Harrison St. Hazel St. (Murdock Ave. to Washington Ave.) Irving Ave. (Elmwood Ave. to Hazel St.) Jackson St. Knapp St. (9th Ave. to 20th Ave.) Koeller St. Murdock Ave. (Algoma Blvd. to Hazel St.) New York Ave. (High Ave. to Hazel St.) Oakwood Rd. Ohio St. Oregon St. Pearl Ave. (Main St. to Rockwell Ave.) Sawyer St. (Oshkosh Ave. to 9th Ave.) W. South Park Ave. W. Smith Ave. (Vinland St. to Jackson St.) Taft Ave. (Eagle St. to Koeller St.) Washburn St. Washington Ave. (Main St. to Hazel St.) Wisconsin St. Witzel Ave. W. 5th Ave. (Sawyer St. to Westfield St.) W. 9th Ave. W. 20th Ave. W. 24th Ave. The passageway may be maintained by tunneling, or if tunneling is not practicable or possible, the contractor must proceed partway across the street and must backfill, place a hard surface of hot mix asphalt or concrete (or other surface as approved by the Director of Public Works or designee for emergency repairs), and open the roadway to traffic before continuing the excavation across the street. The above streets may be closed upon written approval of the Director of Public Works when such closure is necessary due to emergency conditions, or necessary and/or expedient to provide a safe area for workers to complete projects with minimum disruption to their services and to the traveling public; and when such closure does not present an undue burden upon emergency services and upon the traveling public. Application for closures of the above-listed streets shall be made to the Department of Public Works who shall work with the Chiefs of Police and Fire to review and approve or disapprove of the requested closure. Approval of closures shall be at the sole discretion of the City and may include conditions, including but not limited to conditions pertaining to notice, barricading and signage, duration of closure and maintaining access to adjacent properties. Except in emergency situations, applications shall be made at least 15 business days prior to the requested closure. In emergency situations, applications shall be made as soon as practicable and in no case later than the next regular business day. The Director of Public Works and Police and Fire Chiefs may delegate the authority granted to them under this paragraph to one of their subordinates who shall then have the same authority to act as the Director or Chief. SECTION 25-23 STREET TO REMAIN OPEN TO TRAFFIC DURING COURSE OF EXCAVATION WORK Except as provided below, whenever work is performed within the following right of way areas a A passageway of not less than 10 feet in the traveled portion of the street must remain open for travel at all times when openings are made into the following: State Highways and County roads, one-wayOne-way streets, detourDetour routes, Algoma Blvd., Bowen St., W. 9th Ave., Campbell Rd., Eagle St. (5th Ave. to Adams St.), Elmwood Ave. (Algoma Blvd. to Irving Ave. and Lincoln Ave. to New York Ave.), Harrison St. Hazel St. (Murdock Ave. to Washington Ave.), Irving Ave. (Elmwood Ave. to Hazel St.), Jackson St., W. 24th Ave., Knapp St. (9th Ave. to 20th Ave.) Koeller St. Murdock Ave. (Algoma Blvd. to Hazel St.), New York Ave. (High StAve. to Hazel St.), Oakwood Rd. Ohio St., Oregon St., Pearl Ave. (Main St. to Rockwell Ave.), Bowen St., W. 9th Ave., Ohio St., Elmwood Ave. (Algoma Blvd. to Irving Ave. and Lincoln Ave. to New York Ave.), SSawyer St. (Oshkosh Ave. to 9th Ave.), W. South Park Ave., Knapp St. (9th Ave. to 20th Ave.), Taft Ave. (Eagle St. to Koeller St.), Sawyer St. (Oshkosh Ave. to 9th Ave.), Witzel Ave., New York Ave. (High St. to Hazel St.), Washington Ave. (Main St. to Hazel St.), Algoma Blvd., Taft Ave. (Eagle St. to Koeller St.), Eagle St. (5th Ave. to Adams St.), W. 5th Ave. (Sawyer St. to Westfield St.), Hazel St. (Murdock Ave. to Washington Ave.), Irving Ave. (Elmwood Ave. to Hazel St.), Campbell Rd., Harrison St., Pearl Ave. (Main St. to Rockwell Ave.), W. Smith Ave. (Vinland St. to Jackson St.), Taft Ave. (Eagle St. to Koeller St.), Witzel Ave., Washburn St. Washington Ave. (Main St. to Hazel St.), Wisconsin St., Witzel Ave. W. 5th Ave. (Sawyer St. to Westfield St.), W. 9th Ave. W. 20th Ave., W. 24th Ave.Oregon St., Jackson St., W. 24th Ave., Oakwood Rd., Koeller St. and Washburn St. The passageway may be maintained by tunneling, or if tunneling is not practicable or possible, the contractor must proceed partway across the street and must backfill, place a hard surface of hot mix asphalt or concrete (or other surface as approved by the Director of Public Works or designee for emergency repairs), and open the roadway to traffic before continuing the excavation across the street. The above streets may be closed with upon written approval of the Common CouncilDirector of Public Works when such closure is necessary due to emergency conditions, or necessary and/or expedient to provide a safe area for workers to complete projects with minimum disruption to their services and to the traveling public.; and when such closure does not present an undue burden upon emergency services and upon the traveling public. Application for closures of the above-listed streets shall be made to the Department of Public Works who shall work with the Chiefs of Police and Fire to review and approve or disapprove of the requested closure. Approval of closures shall be at the sole discretion of the City and may include conditions, including but not limited to conditions pertaining to notice, barricading and signage, duration of closure and maintaining access to adjacent properties. Except in emergency situations, applications shall be made at least 15 business days prior to the requested closure. In emergency situations, applications shall be made as soon as practicable and in no case later than the next regular business day. The Director of Public Works and Police and Fire Chiefs may delegate the authority granted to them under this paragraph to one of their subordinates who shall then have the same authority to act as the Director or Chief.