HomeMy WebLinkAbout39. 19-263 APRIL 23, 2019 19-263 ORDINANCE
FIRST READING
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CLOSURE OF OTTER AVENUE AT THE RAILROAD
CROSSING ON BROAD STREET
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
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 one-way streets such as Otter
Avenue; and
WHEREAS, Canadian National Railroad (CN) has requested full closure of Otter
Avenue at the railroad tracks for the purpose of replacing the tracks, bedding, timbers and
adjacent roadway; and
WHEREAS, it is necessary therefore to grant a variance from the terms of section 25-
23 for this purpose; and
WHEREAS, the timing of the closure is dependent upon progress of the work,
weather and other factors.
NOW, THEREFORE the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. Canadian National Railroad (CN) is hereby granted a variance from
the provisions of Section 25-23 of the City of Oshkosh Municipal Code to close Otter
Avenue at its intersection with the railroad tracks for full reconstruction of the tracks and
roadway subject to the following conditions:
APRIL 23, 2019 19-263 ORDINANCE
FIRST READING CONT'D
A. CN shall provide all necessary and required signage for the closure of the
street and detour of traffic.
B. CN shall at least seven (7) days prior to the anticipated closure provide
notice to the Department of Public Works and install advance warning
signs for motorists.
C. CN shall work with the Department of Public Works to minimize the effects
of the street closure upon emergency services and the public.
D. The Director of Public Works is hereby authorized to approve such closure
and detour route,with conditions as he/she may deem necessary, and to 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 #19-263 APPROVE CLOSURE OF OTTER AVENUE AT THE RAILROAD
CROSSING ON BROAD STREET (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 April 23 2019. The ordinance
allows the temporary closure Otter Avenue at its intersection with the railroad tracks for
purposes of full reconstruction of the railroad tracks and pavement. The contractor shall be
responsible for advance notice of the closure to motorists and for installation of all signage
and detour signage during the closure.
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.
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City
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Oshkosh
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Justin Gierach, Engineering Division Manager / City Engineer ���
DATE: April 17, 2019
RE: Approve Closure of Otter Avenue at the Railroad Crossing on Broad Street
BACKGROUND
Canadian National Railroad (CN) is planning to repair the existing railroad tracks which intersect
the right-of-way of Otter Avenue. The work to be performed by CN's railroad crews will require
the full replacement of the tracks, bedding, timbers, and the adjacent roadway pavement that the
tracks are encased in. Section 25-23 of the Municipal Code of the City of Oshkosh requires all one-
way streets (including Otter Avenue) to remain open during excavation.
It is anticipated this work will take five (5) days to be completed. CN requests the closure of Otter
Avenue to allow full access to the section of rail that requires replacement, while maintaining a
safe and secure working environment for the construction crew, operators, and the general
public. This is not uncommon, given the equipment and work zone required for completion of
this work.
A detour route will be posted for the duration of the work using North Main Street, East Irving
Avenue, and Bowen Street. We recognize that local, non-commercial traffic will identify and use
different routes around the construction area. Access to businesses will be maintained for the
duration of the work. The closure is anticipated to be continuous over five (5) days, weather
permitting. Advanced warning signs will be placed seven (7) days prior to the closure to warn
drivers.
L\ Engineering\ Tracy Taylor\Memos to Mayor & Common Council\ 2019 \ CN -Otter Ave Closure Page 1 Of 2
Memo 417-19.docx
ANALYSIS
Based on the excavation limits needed for the repair, staff determined Otter Avenue at the
railroad crossing on Broad Street needs to be closed to traffic. The time frame will be limited as
much as possible to minimize the impact to the traveling public. Additionally, worker safety and
driver safety will be compromised during this work, if done under traffic.
Based on the timeframe requested by CN, staff is recommending waiving the rules and requests
that the Council adopts this ordinance on the first reading.
FISCAL IMPACT
There are no fiscal impacts to this ordinance.
RECOMMENDATIONS
I recommend approval of the request to close Otter Avenue at the railroad crossing on Broad
Street with the following conditions:
• The closure shall be limited to five (5) consecutive days, weather permitting, to allow CN to
complete the necessary railroad track repairs within a designated two (2) week period starting
April 29, 2019 and ending on May 10, 2019.
• CN shall be responsible for posting a detour route, approved by the Department of Public
Works, and posting warning signs at least seven (7) days prior to the closure.
I also recommend waiving the rules and adopting this ordinance on the first reading.
Approved:
-- -IZ ---
Mark A. Rohloff
City Manager
JG/t1t
L\ Engineering \ Tracy Taylor\ Memos to Mayor & Common Council \ 2019 \ CN -Otter Ave Closure Page 2 of 2
Memo 4-17-19.docx