Res 09-540
RESOLUTION NO.09-540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND
WORK HOUR V ARIANCE FOR WORK TO BE DONE BY THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
ON THE I-5/S.272nd RAMP PAVING 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 (WAC) 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. 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
perform work on the 1-5 and 272nd St. off and on ramps which is anticipated to occur between April
2009 and December 31,2009 (the "Project");
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WHEREAS, the Project includes but is not limited to repairing cracks in the roadway,
replacing detection loops, restriping the roadway, updating existing signage and sidewalk ramps,
raising or replacing guardrails, upgrading illumination and other safety improvements;
WHEREAS, in a letter dated October 24, 2008, attached hereto as Attachment A, WSDOT
requested a temporary noise variance to allow work on the Project during 30 nonconsecutive nights;
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 will 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; and
WHEREAS, in requesting this variance, WSDOT has proposed certain conditions to mitigate
the Project's impacts to surrounding properties;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL W A YHEREBY
RESOLVES AS FOLLOWS:
Section 1. Noise and Work Hour Variance. The City Council hereby grants to the
Washington State Department of Transportation, a 30 nonconsecutive night noise and work hour
variance for the hours of 8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 p.m. Sunday
through 7:00 a.m. Monday to allow work on the Project subject to WSDOT complying with the
following conditions:
1) All vehicles shall be equipped with ambient sensitive environment backup
warning devices. Back-up observers may be used in lieu of back-up warning
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devices for all equipment except dump trucks in compliance with WAC 296-155-
610 and 296-155-615. Dump trucks shall use back-up observers and back-up
warning devices in compliance with WAC 296-155-610.
2) All trucks shall have well maintained bed liners.
3) Truck tailgate banging is prohibited. All truck tail gates shall be secured to
prevent excessive noise.
4) During construction cleanup operations, all material spilled within the work zone
shall be removed by hand methods or sweeping when possible.
5) Written notice of work on the Project shall be provided to all residents within a
500 foot radius of the work zone.
6) A copy of the noise variance shall be kept on the project site at all times.
7) Construction and stationary equipment, such as light plants, generators,
compressors, jackhammers and other equipment shall utilize WSDOT approved
noise mitigation shields, noise blankets, skirts, or other available noise dampening
methods.
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. Severabilitv. 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 of this resolution.
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Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affirmed.
Section 6. 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 17th day of February, 2009.
CITY OF FEDERAL WAY
ATTEST:
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APPROVED AS TO FORM:
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CI Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 02-10-2009
PASSED BY THE CITY COUNCIL: 02-17-2009
RESOLUTION NO.:09-540
Resolution No. 09-540
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