HomeMy WebLinkAbout32. 18-435 AUGUST 15, 2018 18-435 ORDINANCE
FIRST READING
(CARRIED 4-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE TEMPORARY CLOSURE OF NORTH MAIN STREET
AT WASHINGTON AVENUE FOR CONSTRUCTION WORK
/AUGUST 18th-19th OR AUGUST 25th-26th
INITIATED BY: AT&T
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING A VARIANCE
TO SECTION 25-23 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO STREETS
TO REMAIN OPEN TO TRAFFIC DURING THE COURSE OF EXCAVATION WORK.
WHEREAS, the City of Oshkosh Municipal Code Section 25-23 requires a
passageway of not less than ten(10)feet in the travelled portion of the street to remain open
on various streets within the City of Oshkosh, including North Main Street; and
WHEREAS, AT&T has requested a variance from the terms of section 25-23 for the
purposes of restoring a conduit connection under North Main Street at the intersection with
Washington Avenue; and
WHEREAS, the timing of the closure is anticipated for a period not to exceed two (2)
consecutive days with an anticipated start date of August 18, 2018 to end no later than
August 19, 2018 or August 25, 2018 to end no later than August 26, 2018 as permitted by
weather and the progress of construction.
NOW, THEREFORE the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. That,AT&T is hereby granted a variance from the provisions of Section
25-23 of the City of Oshkosh Municipal Code to close North Main Street at the intersection
with Washington Avenue for purposes of providing a safe work area, to reduce conflicts
with other contractors working in the same area, to minimize traffic impact to the
commercial area of North Main Street and the community as a whole as necessary to restore
a conduit connection under North Main Street for a period of two (2) consecutive days
subject to the following conditions:
AUGUST, 2018 18-435 ORDINANCE
FIRST READING CONT'D
A. AT&T shall be permitted to close North Main Street pursuant to the terms
and conditions of this resolution.
S. AT&T shall provide at least seven(7) day notice to the Department of Public
Works prior to any anticipated closure.
C. AT&T shall provide all necessary and required signage for the closure of
the street and detour of traffic.
D. AT&T shall work with the Department of Public Works to minimize the
effects of the street closure upon emergency services and the public.
E. The Director of Public Works is hereby authorized to approve such closure,
approve such closure with conditions or take such other action as may be
necessary and appropriate in consultation with the Police and Fire Chiefs of
the City of Oshkosh to protect the health, safety and welfare of the citizens.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, publication and placement of the appropriate temporary signage indicating the
closure.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted
ordinance #18-435 APPROVE TEMPORARY CLOSURE OF NORTH MAIN STREET AT
WASHINGTON AVENUE FOR CONSTRUCTION WORK /AUGUST 181h-191h OR
AUGUST 25th-26th (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AUTHORIZING A VARIANCE TO SECTION 25-23 OF THE OSHKOSH MUNICIPAL
CODE PERTAINING TO STREETS TO REMAIN OPEN TO TRAFFIC DURING THE
COURSE OF EXCAVATION WORK) on August 15,2018. The ordinance allows temporary
closure of North Main Street at the intersection of Washington Avenue, for purposes of
providing a safe work area, to reduce conflicts with other contractors working in the same
area, to minimize traffic impact to the commercial area of North Main Street and the
community as a whole as necessary to restore a conduit connection under North Main Street
for a period not to exceed two(2)consecutive days either the weekend of August 18-19,2018
or August 25-26, 2018 as permitted by weather and progress of construction.
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.
City
o�
Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council 11
FROM: Steven M. Gohde, Assistant Director of Public WorksAjM� d�
DATE: August 9, 2018
RE: Approve Closure of North Main Street at Washington Avenue and Grant Variance to
Noise Ordinance
BACKGROUND
Washington Avenue from North Main Street to Broad St is currently being reconstructed by the City.
AT&T has an existing duct bank system under Washington Avenue and is performing work to relocate
portions of the system to facilitate the City's infrastructure and to improve their fiber system. During
this work, it was discovered that the existing duct bank under North Main Street in the intersection with
Washington Avenue has partially collapsed, thus not allowing cables to be pulled through. The collapse
is located under the eastern half of North Main Street.
Multiple options were reviewed to restore a conduit connection under North Main Street. Based on the
location of the existing duct bank and the limited available right-of-way and the number of other utilities
installed within that right-of-way, it was determined repairing the existing duct bank is a best option.
AT&T believes the duct bank repair work can be completed in approximately two (2) days, allowing
North Main Street to be opened to traffic on a temporary pavement surface. AT&T is proposing to
complete the work on a Saturday and a Sunday for several reasons. The City's Contractor is working on
Washington Avenue in the same general location during the week. Allowing AT&T to work on Saturday
and Sunday to complete this repair will allow them to complete the work in a timelier manner. This will
reduce conflicts with the City's Contractor, and reduces the likelihood of the City's Contractor asking for
a Change Order due to a change in conditions for having to work around another contractor that was
not anticipated during bidding. In addition to reducing the conflicts of multiple contractors working
around each other, allowing AT&T to complete this work on a Saturday and Sunday will minimize traffic
impacts to the community as a whole. North Main Street is already closed north of Washington Avenue
on Saturdays for the Farmer's Market. Utilizing time when the street is already closed reduces the
impacts to the traffic flow for the community as a whole.
\ \OSHKOSH06\ Departments\ Engineering \2018 CONTRACTS\ 18-04 Conc Paving& Page 1 of 3
Util\ Project -Information \Correspondence\Memo\18-04 Memo for N Main Closure at Wash Ave_8-9-18.docx
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August 8, 2018
Steve Gohde, Assistant Director of Public Works
City of Oshkosh
215 Church Avenue
Oshkosh, WI, 54901
AT&T Wisconsin T: 920.929.1001
70 E. Division St. F: 920.929.1064
Fond du Lac, WI 54935
RE: Request to Close North Main Street at Washington Avenue for Duct Repairs — AT&T
Wisconsin
Dear Mr. Gohde:
Per our phone and email correspondence, AT&T Wisconsin (AT&T) hereby requests permission
from the City of Oshkosh to close North Main Street at Washington Avenue to facilitate the
repair of an AT&T fiber optic duct package. The duct package in question has collapsed under
North Main Street and recent attempts to repair the ducts without closing the intersection have
proven unsuccessful. The duct package contains major communication infrastructure and is
critical to our ability to provide both current and future copper and fiber based services to the
area businesses and eastern neighborhoods in this part of the City. The details of our request
are summarized herein.
AT&T requests the closure of the intersection for the weekend of August 18th and 19th or August
25th and 26th. Furthermore, AT&T requests a variance to the City's Noise Ordinance to allow
work to commence at 6:00 a.m. and to allow construction work to occur on a Sunday.
AT&T requests this closure and noise ordnance variance in order to reduce the overall impact to
the City of Oshkosh and its residents and property owners. By allowing our contractor to work
on Saturday and Sunday, we can complete our work while the City's contractor is not working,
thereby reducing the potential for conflicts and allowing work for all parties to be completed in
a more expeditious manner. Additionally, the Farmer's Market already closes North Main
Street north of Washington Avenue, so we would be taking advantage of an already closed
condition for a portion of our working time.
We recognize that North Main Street is an important corridor for the City, but we hope the City
can recognize that allowing us to perform this work on a Saturday and Sunday will reduce the
overall impact to the City. This is a commercial corridor, so the impact to residences will be
minim zed by allowing our contractor to start at 6:00 a.m. and work on Sunday.
We will sawcut the pavement during normal work hours earlier in the week to further reduce
the impact of noise on adjacent property owners. We will also conduct the final permanent
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pavement restoration under traffic after the street has reopened and our duct package has been
repaired. We will complete our work in accordance with all other applicable laws and
regulations, including but not limited to our Work in right -of -Way permit issued by the City.
We greatly appreciate your assistance and efforts to date in addressing our request. If you have
any additional questions, please do not hesitate contact me at 920-9294013 or cb1461@att.com.
Sincerely,
Chuck Bartelt
Manager OSP Planning and Engineer Design
ATO, C&E Legal Mandate WI