HomeMy WebLinkAbout08. 17-51
FEBRUARY 14, 2017 17-51 RESOLUTION
(CARRIED____5-0___ LOST _____ LAID OVER _____ WITHDRAWN_____)
PURPOSE: GRANT NOISE VARIANCE REQUEST TO AT&T FOR UTILITY
REPAIRS IN THE JACKSON STREET AND MURDOCK AVENUE
ROUNDABOUT BETWEEN FEBRUARY 23, 2017 AND MARCH 3,
2017
INITATED BY: AT&T
WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the
amount of noise within the City limits; and
WHEREAS, the regulation of noise is generally more stringent between the hours
of 10:00 p.m. and 7:00 a.m.; and
WHEREAS, the ordinance provides that the Common Council may waive the
requirements of the ordinance if the Council determines that circumstances exist that
would make compliance with the noise limitations an unnecessary hardship to the
applicant; and
WHEREAS, in making this determination the Council is to consider:
(1) the hardship to the applicant, the community, and other persons of not
granting the variance;
(2) the adverse impact on health, safety, and welfare of persons owning,
residing, or occupying property in the surrounding area and the public
in general;
(3) the adverse effect on surrounding property;
(4) whether the circumstance, hardship, or situation to be addressed by
the proposed variance is unique, and not applicable generally to other
circumstances;
(5) whether the person or entity seeking the variance is otherwise in
compliance with all applicable ordinances, regulations and statutes;
and
(6) any other adverse impacts of granting the variance.
FEBRUARY 14, 2017 17-51 RESOLUTION
CONT’D
WHEREAS, an application has been filed by AT&T for a variance to allow
construction work between the hours of 10:00 p.m. and 7:00 a.m. between February 23,
2017 and March 3, 2017.
NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of
Oshkosh has considered the criteria pertaining to the granting of a variance to the City’s
noise ordinance and hereby grants such variance to allow construction work between
the hours of 10:00 p.m. and 7:00 a.m. between February 23, 2017 and March 3, 2017.
c�toD
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works s" -
DATE: February 9, 2017
RE: Grant Noise Variance Request for AT&T for Utility Repairs in the Jackson Street and Murdock Avenue
Roundabout
BACKGROUND
AT&T has significant underground facilities located in the Jackson Street corridor. Maintenance needs to be performed
on the system and access to the manhole located in the roundabout at this intersection is required. To ensure a safe
working environment, equipment must be staged near the manhole in the truck apron of the roundabout, which is the red
concrete area adjacent to the inner lane of the roundabout. The work is anticipated to be completed on the night of
February 23, 2017. In the event weather or other conditions prevent the work, the variance is desired to be valid through
March 3, 2017.
ANALYSIS
Equipment parked on the truck apron of the roundabout will not block either lane of traffic, but will impact the ability of
large vehicles to navigate the intersection. In order to minimize the impact to traffic, the work is proposed to be
completed between the hours of 10 p.m. and 7 a.m. Additionally, the lower traffic volumes will provide a safer working
area.
The nearest residential structure is approximately 150' away from the roundabout. Screening between this property and
the gas station to the north currently exists. The existing fencing and trees will help reduce the noise level at the structure.
FISCAL IMPACT
There are no costs to the City.
RECOMMENDATIONS
I recommend granting the noise variance request for AT&T for utility repairs in the Jackson Street and Murdock Avenue
roundabout between February 23 and March 3, 2017.
Approved,
Mark A. Rohloff
City Manager
SMG/tlt
I: \ Engineering\Tracy Taylor\ Memos to Mayor & Common Council \2017\AT&T Noise Var-Jackson St & Murdock Ave Roundabout 2-9-17.docx