To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Daniel Sailer, PE, Director of Public Works
Title
Resolution Approving a Variance Pursuant to Chapter 9.16.070.E of the Castle Rock Municipal Code for Nighttime Construction Activities Related to the 2023 Pavement Maintenance Program and the 2023 Capital Improvement Program
Body
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Executive Summary
The Public Works Department is requesting a variance to the Town’s noise ordinance to allow for various planned street maintenance and construction activities to occur at night within Town limits outside of the time periods currently permitted by the Municipal Code. The variance would be from April 2023 to April 2024.
The current Pavement Maintenance Program (PMP), and Capital Improvement Program (CIP) contracts allow for nighttime work to occur. However, the projects do not address the Town’s noise ordinance.
The present noise ordinance prohibits construction activities that create noise disturbances between 7:00 p.m. and 7:00 a.m. Monday through Friday, and between 6:00 p.m. and 8:00 a.m. Saturday through Sunday, including holidays.
By authorizing night work, impacts to the traveling public and businesses will be minimized. Construction activities suitable for night work will, in general, have the activity duration reduced by half. This is due to the ability to have larger areas of one-way traffic or close portions of a street, which allows contractors to have a larger area to work in to increase productivity. The night work, in general, will start at approximately 7:00 p.m. and be completed by 5:00 a.m., prior to peak morning traffic.
The PMP’s night work includes, Second Street between UPRR, and North Perry Street, and Fourth Street between UPRR and Elbert Street for asphalt mill and overlay. The nighttime activities of pavement removal, asphalt patching, asphalt milling, and the asphalt overlay is tentatively scheduled between May and August 2023. Once the night work on Second Street between UPRR and North Perry Street and Four Street between UPRR and Elbert Street has started, citizens should experience approximately two weeks of consistent night work.
CIP night work includes the Crystal Valley Parkway Roundabout Project, the Four Corners Intersection Improvements Project, and the Plum Creek Parkway Widening Phase 2 Project. The Crystal Valley Parkway Roundabout is expected to be under construction from April to November of this year. The Four Corners Intersection Improvements project is anticipated to be under construction from May 2023 to Spring 2024. The Plum Creek Parkway Widening Phase 2 project is currently underway and is anticipated to be complete by the end of July this year. The majority of these projects will be constructed during daytime hours; however, the option to work periodically at night may minimize overall impact to the public.
Once contractors are selected for the projects, the schedules will be finalized and communicated to the public. All schedules are weather dependent.
The street maintenance and construction activities performed under this variance will include:
§ Removal of existing pavement
§ Pavement Marking
§ Pavement Maintenance
§ Pavement repairs
§ Street Sweeping
§ Asphalt Mill and Overlay
§ Concrete repairs
Most of this work will be performed by contractors employed to perform work under the previously mentioned contracts; however, some pavement marking and street sweeping may be performed by Public Works staff. The variance to the ordinance would allow maintenance activities to occur during the summer months while minimizing disruption to the traveling public, as well as normal business activities in the Downtown area. The resolution, if approved, gives discretion to the Public Works Director to extend the variance time period by one month in order to complete any remaining work.
Staff and the Town’s contractors understand the importance of minimizing noise disturbances adjacent to residential areas during night time activities. All night work scheduled will be approved by the Town to minimize resident disruption. The project team will conduct public outreach to provide residents with advance notice of scheduled night time work. Staff is recommending approval of the variance to the Town’s noise ordinance in order to minimize disruption to the traveling public and normal business activities.
Notification and Outreach Efforts
Staff will communicate these work activities to the public as appropriate. Public outreach will occur in numerous forms such as; 1) the Public Outreach Open House, 2) Town newsletters, 3) Town social media, 4) Door notifications, 5) Press releases, 6) Town website, and others. Residents and businesses will be notified of actual dates that work is to be completed adjacent to their properties, and traffic control plans will be developed and managed to ensure worker and public safety.
Discussion
The Town Municipal Code 9.16.030.B.5 prohibits construction noise that will create a noise disturbance from occurring between 7:00 p.m. and 7:00 a.m., Monday through Friday, and between 6:00 p.m. and 8:00 a.m. Saturday through Sunday, including holidays. A noise disturbance is defined in the Code as a 50 decibel level or higher at the residential real property boundary.
The attached location maps illustrate the location of residential zoned properties in relation to the construction limits of each project. The maps indicate there are residential zoned properties within a block of Second Street and Fourth Street projects. It is anticipated that construction work may create a noise disturbance. In this circumstance, residents will be offered hotel accommodations on the few select nights when work is in close proximity of their residences. This is a continued practice of the Town to offer residents hotel accommodations during the nighttime construction activities.
Night work construction activities will be limited to Sunday evening through Friday morning for the PMP. The CIP projects are anticipated to perform nighttime construction activities Sunday through Saturday to help the contractors expedite the construction schedule.
Due to increasing traffic volumes and the desire to limit disruption to the traveling public and normal business activities adjacent to these projects, staff is seeking a variance to the existing noise ordinance to allow certain work activities outside of the restricted hours.
Financial Impact
The financial impact of this action will be limited to the cost of providing residents hotel accommodations on a few of the select nights when work is in close proximity to their residences. No additional project cost from the contractor will be incurred with these nighttime activities because the projects were bid with night work anticipated. No additional cost from consulting engineers will be incurred as their contracts will be set up to accommodate night work. No additional overtime will be incurred by the Town with these activities as staff will shift their work schedules to night hours for the necessary time periods.
Recommendation
Public Works Commission and Public Works staff recommend Town Council approve the Resolution as introduced by title.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Alternate Motion
“I move to approve a Resolution Approving a Variance Pursuant to Chapter 9.16.070.E of the Castle Rock Municipal Code for Night Time Construction Activities Related to the 2023 Pavement Maintenance Program and 2023 Capital Improvement Program Projects, with the following changes….”
Attachments
Resolution
Attachment A: Location Maps