Council Communication

Title:	Approval and Conditions for ODOT's Request for Night Work on N. Main / E. Main and Lithia Way from Valley View to 3rd Street
Dept:	Public Works Department
Date:	April 16, 2002
Submitted By:	Paula Brown
Reviewed By:	Greg Scoles, City Administrator

Synopsis:	The Oregon Department of Transportation has a project to repave the entire section of Hwy 99 (N. Main / E. Main and Lithia Way) from Valley View Road to 3rd Street in Ashland. ODOT has contracted the project to LTM. Although it is LTM's responsibility to meet all local ordinances, including Ashland's Noise Ordinance, they are asking for a permit in accordance with AMC Section 9.08.170.B and a variance from the decibel levels in Section C so that they can work at night in some sections of the project.
Recommendation:	Staff recommends the Council approve of night work for the ODOT / LTM paving and street work project from Valley View to 3rd Street with the following conditions: 1) NO night work between Maple Street and Helman Street. 2) Night work is authorized between the City limits and Maple Street. Contractor must maintain one operable travel lane in each direction during this night work period. 3) NO night work on N Main / E Main from Water Street to First Street except between midnight Sunday to 7am Tuesday. 4) Night work is authorized on E Main between First and Third Streets for a period not to exceed 5 consecutive days. Contractor must maintain one operable travel lane in each direction during this night work period. 5) Night work is authorized on Lithia Way between Helman and Third Street for a period not to exceed 12 consecutive days. Contractor must maintain one operable travel lane in each direction during this night work period. 6) The City with ODOT's concurrence will authorize one lane closure during the morning and evening periods on the section between Maple and Helman Streets. (This allowance is limited to one lane only, not one lane in each direction.) 7) It is understood that there will be periods of intermittent intersection closures during the grinding and paving operation and that the contractor will follow safety precautions and notify emergency dispatch during these periods.
Fiscal Impact:	ODOT and LTM's proposal will significantly speed up the process of the necessary paving work through Ashland's downtown and northern end of town. Although there isn't an actually tangible fiscal impact to the City to allow night work, the intangible benefit to the community is good.
Background:	The City's Municipal Code is very specific regarding the hours of allowable noise. The first Section 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); building in residential districts are more restrictive (Section B.7); noises in excess of specific decibel levels are considered public nuisances (Section C), yet the Council can provide a variance (Section C.5). Section 9.08.170 Unnecessary Noise, is attached. Staff has met with the contractor and ODOT and is supportive of the request in sections of the project. LTM is pursuing an aggressive schedule and intends on being able to complete all of the grinding and paving operations in the downtown couplet within 2-3 weeks during the latter half of June. They will have work prior to that time for the concrete curbing and ADA accessible ramps. They also have significant night work and dig out requirements at the Lithia couplet at the bridge (currently planned for one week at the end of May). LTM's schedule shows beginning at the first of May and completion of all phases by late July. Their contract with ODOT allows completion through the end of October. The grinding and paving portion of the roadwork will exceed "allowable" decibel limits during the work period. 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 for a shorter duration, it is reasonable for Council to grant the variance. Staff is recommending the following restrictions based on the explanations: 1) Night work is authorized between the City limits and Maple Street. Contractor must maintain one operable travel lane in each direction during this night work period. This section is mostly commercial with limited residential along this part of N. Main. Night work will allow the grinding and paving operation to be completed quicker with less overall impacts to traffic. 2) NO night work between Maple Street and Helman Street - primarily due to the emergency access to the hospital, the impact on residential areas, bed and breakfast locations, etc. This means that work will need to be conducted between 7am and 9pm and will take longer to complete. 3) NO night work on N Main / E Main from Water Street to First Street except between midnight Sunday to 7am Tuesday (so that night work could be performed when OSF is not in session on Monday nights). Staff has discussed this with OSF and they are pleased that this limitation was added. The contractor stated that they could comply with this restriction. 4) Night work is authorized on E Main between First and Third Streets for a period not to exceed 5 consecutive days. Contractor must maintain one operable travel lane in each direction during this night work period. The contractor anticipates having all of the grinding and paving work completed within 2 nights. 5) Night work is authorized on Lithia Way between Helman and Third Street for a period not to exceed 12 consecutive days. Contractor must maintain one operable travel lane in each direction during this night work period. The majority of this area along Lithia Way is commercial in nature and should be minimally affected with the night work operations. One exception is the evening restaurants. The contractor can work to complete these areas, primarily between 2nd and 3rd Streets, within one or two consecutive nights so that these businesses are only temporarily impacted. 6) The City with ODOT's concurrence will authorize one lane closure during the morning and evening periods on the section between Maple and Helman Streets (This allowance is limited to one lane only, not one lane in each direction.) 7) It is understood that there will be periods of intermittent intersection closures during the grinding and paving operation and that the contractor will follow safety precautions and notify emergency dispatch during these periods.

Map of Night Work on N. Main / E. Main and Lithia Way from Valley View to 3rd Street is available in PDF format.  Please click below to view:

Nightwork map.pdf (431.3KB)

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