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Res 06-473 RESOLUTION NO. (){Q - 413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND WORK HOUR V ARlANCE FOR WORK TO BE DONE BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ON THE SR 99 WIDENING PROJECT DURING RESTRICTED WEEKEND HOURS. WHEREAS, the Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise standards and adopts the maximum environmental noise levels identified in Washington Administration Code (W AC) Section 173-60-080; WHEREAS, in accordance with the City's nuisance law codified under FWCC Sections 10- 26 and 10-27, FWCC Section 22-1006(a) sets out the times when it is a violation to engage in any development activity or to operate any heavy equipment; WHEREAS, FWCC Section 22-1 006(b) authorizes the Director of Community Development to grant revocable, written permission to engage in a development activity or to operate heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city; WHEREAS, the Director of Community Development does not have the authority to grant an exemption to the work hour restrictions not covered by FWCC Section 22-1 006(b); WHEREAS, the Washington State Department of Transportation (WSDOT) is scheduled to start a project to widen the existing SR 99 North and South bound inside lanes to add High Occupancy Yehicle (HOY) lanes beginning June 2006 and ending October 2007 (the "Project"); Res. #~~age I WHEREAS, the Project includes the addition of retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips, raised medians, illumination upgrades, traffic signalization, signing and other items of roadway safety; WHEREAS, WSDOT has requested a temporary noise variance in a letter dated January 3, 2006, attached hereto as Attachment A, to allow work on the Project during 29 nonconsecutive nights during two construction seasons; WHEREAS, it is much safer for WSDOT workers to work in the middle ofthe night when traffic is reduced; WHEREAS, performing the necessary work during daytime hours will significantly increase the number of days that lane closures would be necessary; WHEREAS, the increased number of days with lane closures would result in unacceptable delays and impacts to the traveling public, local businesses and local residents; WHEREAS, WSDOT has agreed to provide the City of Federal Way with a detailed construction schedule as soon as one is available, to notify all affected residents within 500' of the Project limits, and to implement measures to reduce the amount of noise coming from the Project as outlined in Attachment A; and WHEREAS, WSDOT has indicated that it will attempt to schedule its work, weather permitting, for the least impact to businesses and the citizens of Federal Way; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLYES AS FOLLOWS: Section 1. Noise and Work Hour Variance. The City Council hereby grants a noise and work hour variance for the hours of 8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 pm Sunday Res. #f1Rtr1?? Page 2 ------- -..------------- through 7:00 a.m. Monday for the work to be done by the Washington State Department of Transportation during those weekend hours on the Project. Neighboring citizens will benefit from having this work completed during 29 nonconsecutive weekend nights rather than during many more days, which would result in daytime lane closures that would cause significant traffic delays. WSDOT will benefit from having a safer work environment. Local businesses will benefit from having the lane closures during non-business hours. Section 2. Grant of Authority. The City Council hereby grants the Director of Community Development the authority and discretion to grant any additional exemptions to the work hour restrictions not covered by FWCC Section 22-1 006(b) to WSDOT for the duration of the Project. Section 3. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ~ayof ~\ ' 2006. CITY OF FEDERAL WAY ~~;u( MA YOR, MIC L ARK Res.#~41?-page3 ------ ATTEST: :J1_~ CITY C E , LA . T AWAY, CMC APPROVED AS TO FORM: f /?C-Ci ~d/.JV- CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 3/ ~~ J /) (p PASSED BY THE CITY COUNCIL: *fu1l RESOLUTION NO.: ~ K:\Resolution\ WSDOT Noise Variance - Hwy 99 Res. ~1::btge 4 -------- Attachment A ~ Washington State Northwest Region ~fI Department of Transportation Douglas B. MacDonald Seixetary of Transportation January 3, 2006 Mr. Andy Bergsagel City of Federal Way 33530 1st Way South PO Box 9718 Federal Way, WA 98063-9718 Re: Temporary Noise Variance Request SR 99 - S. 284th St to S. 272nd St HOY Lanes project Dear Mr. Bergsagel: The purpose of this letter is to request a 29-day nighttime noise variance from the City of Federal Way for the WSDOT project scheduled along SR 99. This project will occur along SR 99 from MP 12.15 to 12.92 and will include widening ofSR 99 to accommodate HOY lanes. The project also adds retaining walls, stormwater detention and treatment facilities, sidewalks, planter strips, raised medians, illumination, traffic signalization, and signing. There are various items of work that require extended lane closures on SR 99. These items include removing and replacing two existing culverts, and the placement of two underground detention tanks. Performing these lane closures intermittently during daytime hours will significantly increase the number of days that lane closures will be necessary. Such extended lane closures will cause unacceptable delays and impacts to the traveling public. WSDOT recommends that items of work requiring extended lane closures be performed on a continual basis in order to expedite the process and lessen the impacts to the traveling public and local residents. This will require that construction for such items take place during nighttime hours. This project will begin June 2006 and end October 2007, with a total of29 non-consecutive nights of work during two construction seasons within the jurisdiction of Federal Way. We are requesting a 29-day variance from the requirements of Section 22-956 of the Federal Way City Code (as per WAC 173-60-080) and Section 22-1006 ofthe Federal Way City Code. Included in these 29 nights of work are: · Paving of some sections of SR 99. · Remove and replace 2 culverts. · Placement of underground detention tanks. · Upgrading drainage facilities. · Construction of some of the retaining walls. · Channelization /striping details. The completion of this work is dependent upon weather, proposed construction schedule of the contractor and material availability. We propose the following implementation schedule/plan to comply with the City's noise ordinance and to minimize noise impacts to nearby residents: I. The contractor shall provide the City of Federal Way with a detailed construction schedule as soon as it is available. 2. The contractor shall notify affected residents within 500' of the project limits by sending a flyer or a letter about the nighttime work at least 7 calendar days in advance of such work; 3. Lighting used for nighttime work shall, wherever possible, be directed away from oncoming traffic and residences; 4. All trucks performing export haul shall have rubber bed liners; 5. All backup warning devices employed shall be the least obtrusive ambient sensitive type (or the Contractor may use a backup observer in lieu of backup warning devices as allowed by WAC Chapter 296-155-61O[2][e]); 6. Provide a 24-hour WSDOT complaint number as well as a list of designated contact persons shall be provided for the purpose of forwarding complaints; 7. Use of temporary shields when possible around stationary equipment when possible. The construction Project Engineer in charge of administering the contract is: Messay Shiferaw, P.E. WSDOT 6431 Corson Avenue S Seattle, W A 98108 (206) 768-5862 Should construction activities associated with this project cause noise impacts and a noise complaint is received, we request that you help us resolve it by notifying the Project Engineer within 24 hours of occurrence. Please review this proposal and let me know whether it is acceptable by sending written confirmation to my attention. Or, please give me a call if you have any questions. Sincerely, j~xf~ Shawn Gilbertson Air Quality, Acoustic, and Energy Program Specialist Washington State Department of Transportation 15700 Dayton Avenue North, NB82-138 P.O. Box 330310 Seattle, WA 98133-9710 Phone: (206) 440-4547 Fax: (206) 440-4805 E-mail: gilbers@wsdot.wa.gov Attachments cc: Messay Shiferaw/Ziyad Zaitoun MS60 Day file File Attachment 1. Vicinity Map , . , BEGIN PROJECT i SR99 MP 12.15 END PROJE T STA 39+64.000 5R99 MP 112.92 5T A 80+5~. 000 f.....i KENT .~ 1 c;}-> ------------------------- Attachment 2. Construction Equipment l. Standard Crawler Dozers 2. Chain Saws 3. On-highway tractor-trailer rigs 4. Articulate Frame Grinders 5. Excavators 6. Flat Bed Trucks 7. Street Sweepers 8. Planing Machines 9. Asphalt paving machines 10. Pavement rollers 1 L Rubber Tires Rollers 12. Finish Rollers 13. Running-engine power generators 14. Bucket Trucks 15. Portable Light Towers 16. Generators 17. Compressors 18. Chipping Guns 19. Jack Hammers 20. Pumps 21. Cranes 22. Pile Drivers Construction Activity Possible Equipment Used (from above list) Retaining wall construction: 1,2,3,5,6, 7, 13, 16, 17, 18, 19,20 Paving: 3,6,7,8,~ 10, 12, 13, IS, 16 Drainage: 1,2,3,5,6,~ 13,16,17,18,19,20 Roadway Widening: 1,3,6, 7, 13, 16, 17, 18, 19 II t . t .. : . . I . . .