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Res 2074 - Waiver to Noise Ordinance 2312 for ODOTCOUNCIL BILL NO. 2998 RESOLUTION NO. 2074 A RESOLUTION PROVIDING A WAIVER TO THE WOODBURN NOISE ORDINANCE NO. 2312 FOR CONSTRUCTION ACTIVITY ASSOCIATED WITH THE OREGON DEPARTMENT OF TRANSPORTATIONS PACIFIC HIGHWAY 99E /YOUNG STREET INTERSECTION AND ADA RAMPS IMPROVEMENT PROJECT WHEREAS, City of Woodburn Ordinance 2312 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 Pacific Highway 99E/Young Street Intersection and ADA ramps at various other locations on Pacific Highway 99E during the spring and summer of 2016; and WHEREAS, compliance with Ordinance 2312 would prohibit nighttime construction activities on the Pacific Highway 99E/Young Street Intersecfion and ADA Ramp Improvement Project and adversely impact the project delivery schedule and cost; and WHEREAS, prohibition of nighttime work would contribute to higher levels of daily traffic congestion that could pose a public safety risk, and WHEREAS, City Council on August 11, 2014, per ODOT request granted a waiver to the noise ordinance for this project by adopting Resolution 2053, the waiver period was June 1, 2015 through November 30, 2015; and WHEREAS, ODOT delayed the start of construction of the project to allow the contractor time to obtain long lead time components on the project and did not start, or initiate construction through the granted waiver period; and WHEREAS, the Woodburn City Council has determined that it is necessary to waive the requirements of Ordinance 2312 to facilitate the construction activities needed for the Pacific Highway 99E/Young Street Intersection and ADA Ramps Improvement Project; NOW, THEREFORE, THE CITY OF WOO©BURN RESOLVES AS FOLLOWS: Section 1. That in response to ODOT's request, the City Council waives the noise limitation requirements of Ordinance 2312 so that construction activities can Page 1 - COUNCIL BILL NO. 2998 RESOLUTION NO. 2074 occur, at night related to the DOT's improvement Project for Pacific Highway 99E/Young Street Intersection, and for improvements to ADA Ramps at various location on Pacific Highway 99E from April 1, 2016 to September 30, 2016,. Approved as to Form: 111�22N--,R:2.. City Attorney Daf�--, APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: A, Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO, 2998 RESOLUT�ON NO, 2074