To: Honorable Mayor and Members of Town Council
From: Aaron Monks, Project Manager
Title
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 2016 Pavement Maintenance Program, the Plum Creek Intersection Improvements Project, and the 2015 Community Development Block Grant Project
Body
________________________________________________________________________________
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, 2016 to September, 2016.
The current Pavement Maintenance Program (PMP) contracts, pending Public Works Commission and Town Council approval, allow for night time work to occur. The proposed Plum Creek Parkway Intersection Improvements project and the 2015 Community Development Block Grant (CDBG) project are being developed to allow for night time work to occur as well. The scope of work for these projects’ requires night time work to occur, however, they 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. The night work in general will start at approximately 7:00 p.m. and be completed for the night by 5:00 a.m., prior to peak morning traffic for the PMP and CDBG projects. Night work activities will be limited to Sunday evening through Friday morning for the PMP and the CDBG projects. The Plum Creek Parkway Intersection Improvements project will perform night time construction activities in the proximity of the Wilcox Street and Plum Creek Parkway intersection Sunday through Saturday.
The PMP’s night work is tentatively scheduled for late May into June, 2016 dependent on weather. Citizens should experience approximately four to five nights of work adjacent to their residence for the duration of the PMP night work.
The CDBG night work is expected to be similar in nature and duration to the PMP, and tentatively scheduled for May - June, 2016 dependent on weather. Once a contractor is selected for this work, the schedule will be finalized.
The Plum Creek Parkway Intersection Improvements project is scheduled for May - July, 2016 dependent on weather. The night time construction activities is expected to be consistent throughout the duration of the project. Once a contractor is selected for this work, the schedule will be finalized.
Residents will be offered hotel accommodations on a few of the select nights when work is in close proximity to their residences. Other facilities temporarily housing possible citizens are hotels and motels; it would be challenging to offer alternate accommodations for their irregular schedule. This is the second year where the Town has offered citizens hotel accommodations during the night time construction activities. Staff received phone calls inquiring about the offer but had no residents request hotel accommodations. Staff received positive feedback from residents during the Public Outreach Open Houses and the notification process.
The street maintenance activities performed under this variance will include:
§ Pavement Marking
§ Pavement Maintenance
§ Pavement repairs
§ Street Sweeping
§ Asphalt Mill and Overlay
§ Concrete repairs
§ Storm sewer installation
§ Traffic Signal Installation
Most of this work will be performed by contractors hired to perform work under the prior mentioned contracts, however some pavement marking and street sweeping will 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, and the Business District of the North PMP area (Allen Street, Front Street, Alexander Place, Brewer Court, N. Castleton Drive, Genoa Way, Castleton Way, and Industrial Way). The resolution (Attachment A) 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 contractor understand the importance of minimizing noise disturbances adjacent to residential areas during night time activities. The contractor will utilize spotters when backing and the 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 presented the resolution approving a variance pursuant to Chapter 9.16.070E of the Castle Rock Municipal Code for night time construction activities related to the 2016 PMP, Plum Creek Parkway Intersection Improvements project, and the 2015 CDBG to the Public Works Commission at their March 7, 2016 meeting. Their recommendations will be presented to Council at the March 15, 2016 Council meeting.
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) Roadwork Road Show, 2) Town newsletters, 3) HOA mediums such as newsletters, 4) Town social media, 5) Door notification, 6) Press releases, 7) Town’s Web site 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.
History of Past Town Council, Boards & Commissions, or Other Discussions
The Public Works Commission at their March 7, 2016 meeting was presented a Variance Pursuant to Chapter 9.16.070.E of the Castle Rock Municipal Code for 2016 PMP, Plum Creek Parkway Intersection Improvements project, and the 2015 CCBG project.
Discussion
The Town Municipal Code 9.16.070.E 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. Since there are some residential zoned properties within the downtown area, and along Allen Street in the North PMP area, it is anticipated that construction work outside of the hours listed are likely to create a noise disturbance by definition. The attached map (Attachment B) provides the locations where the residential zoned properties exist adjacent to the scheduled streets. Due to increasing traffic volumes and the desire to limit disruption to the traveling public and normal business activities in the downtown area, staff is seeking a variance to the existing noise ordinance to allow certain work activities outside of the restricted hours.
Maintenance activities will be limited to Sunday evening through Friday morning during specific time periods from April through the end of September for the PMP and the CDBG projects. The Plum Creek Parkway Intersection Improvements project will perform night time construction activities in the proximity of the Wilcox Street and Plum Creek Parkway intersection Sunday through Saturday.
Budget 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 night time activities. 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
Staff Recommendation
Staff has requested that the Public Works Commission recommends to Town Council the approval of a variance pursuant to Chapter 9.16.070.E of the Castle Rock Municipal Code for Night time construction activities related to the 2016 PMP, Plum Creek Parkway Intersection Improvements project, and the 2015 CDBG. Their recommendations will be presented to Council at the March 15, 2016 Council meeting. Staff recommends approval of the attached 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 2015 PMP and the 2014-2015 CDBG.
Proposed Motion
“I move to approve a Resolution Approving a Variance Pursuant to Chapter 9.16.070.E of the Castle Rock Municipal Code for 2016 PMP, Plum Creek Parkway Intersection Improvements project, and the 2015 CDBG project.”
Attachments
Attachment A: Resolution
Attachment B: Night Work Activities Map[