Res 2017 - Waiver of Noise Ordinance for Interchange ProjectCOUNCIL BILL NO. 2903
RESOLUTION NO. 2017
A RESOLUTION WAIVING APPLICATION OF ORDINANCE 2312 (THE NOISE
ORDINANCE) FOR CONSTRUCTION ACTIVITY ASSOCIATED WITH THE WOODBURN
INTERCHANGE AND TRANSIT FACILITY IMPROVEMENT PROJECT AND PROVIDING
FOR CERTAIN CONDITIONS.
WHEREAS, Ordinance 2312 ( "the Noise Ordinance ") was enacted to
protect, preserve, and promote the health, safety, and welfare of the residents
of the City of Woodburn through the reduction, control, and prevention of loud
raucous noise, or any noise which unreasonably disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of reasonable persons of ordinary
sensitivity; and
WHEREAS, the Oregon Department of Transportation (ODOT) intends to
construct major improvements to the Woodburn Interchange during the period
of the summer 2013 to the end of 2015 for a sum estimated at $79 million for
enhancement of the statewide transportation system; and
WHEREAS, ODOT has submitted a letter to the City requesting that the
application of the Noise Ordinance be waived during the Woodburn
Interchange Improvement and Transit Facility Project and agreeing to certain
specified conditions; and
WHEREAS, the Woodburn Interchange Improvement and Transit Facility
Project is a major transportation infrastructure capital improvement project
involving construction activities that generate high levels of noise that will be
highly disruptive to the normal environment of residences and businesses in the
vicinity of the construction site; and
WHEREAS, compliance with the Noise Ordinance would prohibit nighttime
construction activities of the Woodburn Interchange Improvement and Transit
Facility Project and adversely impact the project delivery schedule and increase
costs; and
WHEREAS, prohibition of nighttime work would contribute to higher levels
of daily traffic congestion that would pose a public safety risk with traffic
backing out onto a major interstate freeway and restricting vehicular movement
within the City and ability to provide timely emergency response; and
WHEREAS, the Woodburn City Council has the authority in these
circumstances to waive application of the Noise Ordinance and has
Page 1 - COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
determined that such action is necessary to facilitate the needed construction
activities; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That conditioned upon ODOT's inclusion of project specific
noise reduction measures into the contract documents for the Woodburn
Interchange Improvement and Transit Facility Project, the City Council waives
the application of Ordinance 2312 (the Noise Ordinance) for the Woodburn
Interchange Improvement and Transit Facility Project.
Section 2. That the Woodburn Interchange Improvement Project specific
noise reduction measures shall include the following:
a. Pile driving operations that involve actual hammer driving not be
performed between the hours of 9:00 pm and 7:00 am;
b. Pile driving operations other than those involving actual hammer
driving are considered construction activity permitted by the
waiver of Ordinance 2312;
c. Contractor shall provide 14 days advance notice to the City of
scheduled nighttime construction activity. A single notification
may cover a multi -month period. Notification shall include a
description of the type of construction activity planned and the
nature of noise residences and businesses should plan to expect
during those nighttime operations;
d. Use of an "observer" or "spotter" during nighttime work in lieu of
back -up alarms will be utilized in the following areas of work on
OR 219/214:
• Willow Avenue to Woodland Avenue on OR 219
• Country Club Road /Oregon Way to Brought Way on OR
214
e. ODOT will endeavor to construct sound walls as early in the
construction schedule as possible to assist with construction noise
mitigation;
f. Post the scheduled nighttime work and type of noise residents
should anticipate on the ODOT Project website weekly or as
modified. Also, publish the work schedule in the local
newspaper weekly. , r
Approved as to Form: y/G
City Attorney
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Page 2- COUNCIL BILL NO. 2903
RESOLUTION NO. 2017
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, Assistant City Recorder
City of Woodburn, Oregon
Page 3 - COUNCIL BILL NO. 2903
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RESOLUTION NO. 2017