[Council Communication]  [Attachments]

Council Communication

Title:	ODOT's Request to Approve Night Construction Work on the Green Springs Highway (OR 66) within the City Limits (MP 0.8 to MP 1.99)
Dept:	Public Works Department
Date:	April 6, 2004
Submitted By:	Paula Brown
Approved By:	Gino Grimaldi, City Administrator

Synopsis:	The Oregon Department of Transportation (ODOT) will be soliciting bids in May for a pavement preservation project on the Green Springs Highway (OR 66) within the City Limits (see attached map). This project includes grading, drainage improvements, paving, signing and signal work. Although it is ODOT's responsibility to meet all local ordinances, including Ashland's Noise Ordinance, ODOT is seeking a variance to the ordinance in accordance with AMC Section 9.08.170.C. ODOT is requesting the option to complete a significant portion of the construction work at night throughout the timeframe of the project; July 1, 2004 through September 15, 2004, which requires a variance from the decibel levels in Section C. ODOT's request is attached. It is likely that ODOT would continue to do some of the work during the day such as adjusting inlets and concrete work (sidewalks and curbs) as these items could be completed with short single lane closures. The majority of the night work would be to accommodate longer lane closures and to avoid the higher day time traffic volumes, for work items such as asphalt grinding, paving, and possibly installing guardrail.
Recommendation:	It is recommended that Council hold a public hearing to hear concerns regarding ODOT's request to work at night. Pending the public hearing and assuming no major concerns are voiced at the public hearing, staff would recommend approval of ODOT's request with the following additional conditions: 0 1) Night work hours should generally coincide with standard work hours for the businesses such that there are no lane restrictions between 8 am and 6 pm. 2) Contractor should maintain one operable travel lane in each direction on the west side of I-5 during this night work period. Any night work on the east side of I-5 must have adequate detours, signage and the contractor must advise emergency dispatch of these closures. 3) The night work may not begin prior to July 12, 2004, and due to the 4th of July holiday, it is the City's preference that work begin after July 7th as opposed to July 1st as specified by ODOT. 4) NO night work shall be conducted between 9 pm Friday through 8 am Monday. 5) It is understood that there will be day time operations that may require periods of intermittent lane and intersection closures. It is the contractor's responsibility to follow safety precautions and notify emergency dispatch during these periods.
Fiscal Impact:	Although there is no tangible fiscal impact to the City to allow night work, the intangible benefit to the community is positive as this would minimize the traffic impacts during normal business operations on OR66.
Background:	The City's Municipal Code is very specific regarding the hours of allowable noise. AMC Section 9.08.170.A states "No person shall make, assist in making, continue, or cause to be made any loud, disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, safety, or peace of others." Construction activities are exempted between the hours of 7am to 9pm (Section C.4); noises in excess of specific decibel levels are considered public nuisances (Section C), yet the Council can provide a variance (Section C.5). This ODOT project is considered a pavement preservation project. As such, project work will include grinding along the project area in some specific locations, an asphalt pre-leveling course, some drainage inlet improvements, new ADA accessible ramps, guardrail installation (primarily at the ramps along I5 and along the curve at the transition prior to the E. Main Street intersection), driveway approaches and final top lift paving throughout this 1.2 mile section. This project begins just south of the railroad tracks north of Clay Street, and ends at the City limits between Dead Indian Memorial Road and Oak Knoll Drive. Plans have not been included in this Council Communication but are available in the City's engineering office and will be available at the council meeting if there are specific questions of ODOT. The grinding and paving portion of the roadwork will exceed "allowable" decibel limits during the work period, but are exempted as "construction activities" between the hours of 7am to 9pm (Section C.4). Strict compliance with the Decibel Noise Standards would eliminate the ability to complete the grinding and paving work. Strict compliance with the Decibel Noise Standards would cause unusual and unreasonable hardship. If the work can proceed quickly with less impact to businesses along this portion of OR Hwy 66, it is reasonable for Council to grant the variance. Should Council choose not to authorize and grant a variance for night time work, this project will be completed during authorized construction hours of 7:00 am to 9:00 pm. This will result in considerable impact on the businesses, especially those on Hwy 66 between Clay Street and I-5.
Attachments:	• ODOT Paving Attachments: 00• AMC 9.08.170 Unnecessary Noise 00• Map of the area 00• ODOT Request letter dated February 10, 2004

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