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File #: RES 2020-026    Version: 1 Name:
Type: Resolution Status: Passed
File created: 2/17/2020 In control: Town Council
On agenda: 3/3/2020 Final action: 3/3/2020
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 2020 Pavement Maintenance Program, 2020 Town Facility Parking Lot Improvement Program, and 2020 Capital Improvement Program Projects
Attachments: 1. Attachment A: Resolution, 2. Attachment B: Location Maps - Rev. 3/2/20

To:                     Honorable Mayor and Members of Town Council

 

From:                     Frank Castillo, 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 2020 Pavement Maintenance Program, 2020 Town Facility Parking Lot Improvement Program, and 2020 Capital Improvement Program Projects

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, 2020 to November, 2020.

 

The current Pavement Maintenance Program (PMP), Town Facility Parking Lot Improvement Program, and Capital Improvement Program (CIP) contracts, pending Public Works Commission and Town Council approval, 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 oneway 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 the Meadows Blvd-Prairie Hawk Reconstruct, Factory Shops Blvd., and Park Street 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, 2020. Once the night work on Meadows Blvd.,-Prairie Hawk, Factory Shops Blvd., and Park Street has started, citizens should experience approximately two weeks of consistent night work.

 

The Town Facility Parking Lot Improvement Program night work includes the northern portion of the Red Hawk Club House parking lot. The Red Hawk Club House asphalt mill and overlay is tentatively scheduled between August and September, 2020. Once the night work at the Red Hawk Club House has started, citizens should experience a week or less of consistent night work.

 

CIP night work includes the Plum Creek Parkway Widening Project and the Downtown Alley Improvement Project.

 

The Plum Creek Parkway Widening Project is expected to begin in April 2020 and run through October 2020. Most of the work will take place during the day without lane restrictions; however, there may be periodic night work throughout the duration of the project.

 

The Downtown Alley Improvement project is expected to begin in May 2020 and continue through August 2020. The majority of the project 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 (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 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) Public Outreach Open House, 2) Town newsletters, 3) Town social media, 4) Door notification, 5) Press releases, 6) 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.

 

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.

 

The attached location maps (Attachment B) 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 the Park Street asphalt overlay, the northern half of Red Hawk Club House parking lot and the Plum Creek Parkway Widening. 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, and the Town Facility Parking Lot Improvement Program projects. 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.

 

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 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.

 

Staff Recommendation

 

Staff recommends the Town Council approval of the Resolution as introduced by title.

 

Proposed Motion

 

“I move to approve the Resolution as introduced by title.”

 

Attachments

 

Attachment A: Resolution

Attachment B: Location Maps