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
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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
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ATTEST:
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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
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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
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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
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