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Small victories in fighting City Hall....

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Old 11-10-11 | 08:14 PM
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Small victories in fighting City Hall....

Oregon has a law that requires cities to not have bike-eating storm grates. Mostly, cities comply. Well, at one street corner where I hop up onto the sidewalk to access the bridge sidewalk over the river, there is one Mutha of a bike eater, with the grates parallel to the direction a bike or wheelchair would normally travel.

Well, I emailed the City Engineer last weekend. Not really expecting much, but mentioned that the grate could eat a bike or wheelchair.

Sonofagun! Today, there was a city road hazard cone placed on the grate! They're gonna actually replace it! Wow!
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Old 11-11-11 | 05:27 AM
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Win! I love it!
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Old 11-11-11 | 05:59 AM
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No, a cone is not a win.

If that was the case, utility trucks would be jackpots since they deploy a half-dozen cones every time they stop.

You win after the grate is replaced.
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Old 11-11-11 | 06:00 AM
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lost a good wheelset to one of those in centercity a few years back
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Old 11-11-11 | 08:21 AM
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I find often times with these, it is the city was just unaware of the hazard. I've reported a few of them to the local municipalities and they are usually quick to replace them.
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Old 11-11-11 | 10:19 AM
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Originally Posted by david58
Oregon has a law that requires cities to not have bike-eating storm grates. Mostly, cities comply. Well, at one street corner where I hop up onto the sidewalk to access the bridge sidewalk over the river, there is one Mutha of a bike eater, with the grates parallel to the direction a bike or wheelchair would normally travel.

Well, I emailed the City Engineer last weekend. Not really expecting much, but mentioned that the grate could eat a bike or wheelchair.

Sonofagun! Today, there was a city road hazard cone placed on the grate! They're gonna actually replace it! Wow!
Very wise (and thoughtful) adding in the bit about the wheel chair. Cyclists can sometimes be viewed as scofflaws. Folks in wheel chairs get more empathy but aren't always taken into consideration.
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Old 11-11-11 | 10:31 AM
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Originally Posted by phillybill
lost a good wheelset to one of those in centercity a few years back
I wish it was only a wheel set, I still bear the scar to this day from one of those wheel eaters, I see it every time I shave.
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Old 11-11-11 | 09:00 PM
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Originally Posted by tsl
No, a cone is not a win.

If that was the case, utility trucks would be jackpots since they deploy a half-dozen cones every time they stop.

You win after the grate is replaced.
Nope, I still call it a win, though the grate isn't replaced yet. It will be - city is getting cautious and avoiding lawsuits, so I expect a replacement as soon as they get one in.
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Old 11-11-11 | 09:03 PM
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Originally Posted by tjspiel
Very wise (and thoughtful) adding in the bit about the wheel chair. Cyclists can sometimes be viewed as scofflaws. Folks in wheel chairs get more empathy but aren't always taken into consideration.
You caught that! I am pretty sure that for a cyclist they'd be slower to move, but a wheelchair eater on the wheelchair part of the crossing? That one was a slam dunk.

The one that amazed me was the grate that got replaced at work. Didn't expect that, but I sure appreciate it - it was right in the apex of the turn, and I will certainly ride across it in the dark on the way home this winter, at least once (and will bust me ass on the wet steel, but at least I won't endo).
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Old 11-18-11 | 07:03 PM
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City hall wins!

So, the city weaseled.

"Good morning Mr. ******. This is **** with the City of Albany Oregon. I am trying to wrap up this service request for the Catch Basin listed above. My work number is 541-555-1212. This email is the only info that I have for you. I would be able to answer any questions that arise about Stormdrains. I read the Oregon Statute on ORS801.030. It directly refers to direction of traffic with the bars of the grate. Flow of traffic over the grate is not with the bars of the grate being vertical, or long ways. But, horizontal or short. Example, if the bars are vertical. The gap in the structure is 27 inches. The bars are horizontal with the flow of traffic, or 14”. In comparison, most bikes or two wheeled non-motorized vehicles could potentially fall in. 14” is less than my child’s 16” Toddler Bicycle. I agree that the location is not ideal, but in the Engineering Specifications for the City of Albany. E5.01 Curb Inlets, they have the right to modify the location. This structure is not in a Cross Walk and facing the flow of traffic. The location could have been determined by low area, hard to say what the Engineer decided on. Lastly, while I appreciate your concern. We just don’t have the means to replace or modify these structures if they are indeed safe, just not in a desirable location. Any questions or incidents, please feel free to contact me. Thank you

**** ******,
City of Albany Wastewater Collections

P.S,
It encourages criss crossed pattern grates, but does not require them yet"


The direction of the grate is such that someone rolling into or out of the crosswalk on a wheelchair could easily drop in. Same with a bike. Since bikes are legally allowed on Oregon sidewalks, this is a spot where someone will eventually eat it. But not me, I will just take a different turn. But I sure hope I am aware when someone DOES in fact eat it there, for I will gladly forward my emails....
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Old 11-18-11 | 07:19 PM
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Pictures? To get a better idea of the issue.
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Old 11-19-11 | 12:26 AM
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Most municipalities are lawsuit aversive. Tell them it's an accident/liability waiting to happen, explain how it's not up to standard/code/whatever, and advise them they've been warned. They'll fix it.
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Old 11-19-11 | 10:52 AM
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David I found Albany's Engineering Specifations (pdf) I couldn't believe the specs say "vertical" apparently meaning "perpendicular" but sure enough E 5.02 SURFACE DRAINAGE INTERCEPTION says "All inlet structures for pipes shall have grating covering the inlet. The grate shall have the bars oriented in the vertical direction". Are the bars parallel or perpendicular to bicycle flow?

But more important in my opinion, he's referring to "E. Curb inlets shall be located so as not to interfere with other construction elements (e.g., driveways, pedestrian ramps, etc.). Exceptions will be considered on a case-by-case basis. " Evidently when he says "we have the right to modify the location" he's referring to the case by case exception. It might be worth noting that the city is exposed to liability by making a specific exception to a placement which is explicitly prohibited. I think I'd be sure to point out that merely having a portion of the wheel fall in the grate at any speed will cause a spill, since he seems to assume that it's safe as long as an entire 16" wheel won't fit. Good luck.

edited to add: I can't find in the Specifications a reference to meshed grates, which he said were encouraged but not required. If you could find that it would be worthwhile to verify that it really is optional.

I don't know if this helps but I think it could. Oregon state has some roadway drawings here https://www.oregon.gov/ODOT/HWY/ENGSE...drawings.shtml One of these is of a Type 1 Grate which is typically not allowed due to bicycle use in urban locations.

Last edited by wphamilton; 11-19-11 at 11:06 AM.
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Old 11-19-11 | 12:46 PM
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Originally Posted by hopperja
Most municipalities are lawsuit aversive. Tell them it's an accident/liability waiting to happen, explain how it's not up to standard/code/whatever, and advise them they've been warned. They'll fix it.
Reread his masterfully written paragraph. I don't know just what level of understanding the gent actually has. We aren't necessarily dealing with genius there - note that the title of the job is "Wastewater Collections." Kinda like Sanitation Engineering, I bet. I will attempt to respond, yesterday my email response bounced.
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Old 11-20-11 | 11:36 AM
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Originally Posted by david58
Reread his masterfully written paragraph. I don't know just what level of understanding the gent actually has. We aren't necessarily dealing with genius there - note that the title of the job is "Wastewater Collections." Kinda like Sanitation Engineering, I bet. I will attempt to respond, yesterday my email response bounced.
I'll bet you're to achieve your best results when you make sure others know just how stupid and un-educated you think they are
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Old 11-20-11 | 12:08 PM
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Had a similar problem in Portland, so I sent this email...


To: Risk management, ODOT maintenance, City Inspector, ODOT's Bike/ped coordinator, city council, Mayor, traffic engineer, City's bike/ped advisory committee, Jonathan Maus (jonathan@bikeportland.org)[bike blogger] Stephanie Routh(steph@wpcwalks.org)[advocate] Ray Thomas(rthomas@stc-law.com)[bike injury lawyer], and local reporters.

Subject: Unsafe grate on SE 92nd @ Powell

I've called this into PDX a couple of times, but yesterday they came back with a "This is ODOT's responsibility" yesterday. This was AFTER speaking to April Lawrentz with Pdx's Environmental Services who agreed that the grate was on SE 92nd, and not Powell.



The grate is located on SE 92nd, in the right hand turn lane that is in front of Burgerville (3504 Southeast 92nd Avenue) and is orientated parallel to bike traffic NB (turning East) on 92nd. It clearly HAD straps welded across it at one time, but they all have broken off.

https://maps.google.com/maps?q=burger...00659&t=h&z=21

I don't know who "owns" this grate, but if a cyclist had what I clearly show here happen, the owner is going to be paying BIG for any injuries.
Not long afterwards, I found this...


same location, different angle

I'd send your reply back to the sewers manager, along with a list of other concerned parties (bike clubs, reporters, lawyers, etc) in the "To:" field, and see what happens. Nothing says "I'm serious" like when the guy who blows you off knows that he now has 40 eyes looking over his shoulder going... "I can see how it's a liability, how can you not?"

Remember to include the photographs (in the email, and your posts). They really are worth a couple of thousand word$$$.

See also Advocacy-Thread...-What Have YOU Done Today???

Last edited by K'Tesh; 11-20-11 at 12:19 PM.
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Old 11-20-11 | 12:47 PM
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I need to take the time to drive down to "my" grate and put together a picture.

Imagine your original photo, with the grate across the direction of traffic - perpendicular to the ramp. What folks in my city here are missing is that there are TWO traffic directions - car travel direction and crossing direction - bikes or wheelchairs traveling onto or off of the sidewalk can get et by the grate. Again, since bikes are allowed on Oregon sidewalks, as are wheelchairs, the grate needs straps on it regardless.
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Old 11-20-11 | 07:27 PM
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Originally Posted by david58
I need to take the time to drive down to "my" grate and put together a picture.

Imagine your original photo, with the grate across the direction of traffic - perpendicular to the ramp. What folks in my city here are missing is that there are TWO traffic directions - car travel direction and crossing direction - bikes or wheelchairs traveling onto or off of the sidewalk can get et by the grate. Again, since bikes are allowed on Oregon sidewalks, as are wheelchairs, the grate needs straps on it regardless.
I'd imagine that it would look something like this...

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Old 11-20-11 | 09:02 PM
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Originally Posted by K'Tesh
I'd imagine that it would look something like this...

Pretty danged close!
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Old 11-21-11 | 12:01 AM
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Originally Posted by david58
Reread his masterfully written paragraph. I don't know just what level of understanding the gent actually has. We aren't necessarily dealing with genius there - note that the title of the job is "Wastewater Collections." Kinda like Sanitation Engineering, I bet. I will attempt to respond, yesterday my email response bounced.
Do you have a digital camera? Do you know anyone with a wheelchair? If so go to the spot with the grate and take a picture of both the wheelchair and your bike trapped in the grate and send it to Mr. *****. Let him know that if the problem isn't fixed that said photograph will be forwarded to ALL of the local news. Maybe that'll motivated him to fix it.
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