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HomeMy WebLinkAboutRes 1226 - Noise Mitigation for SeaTac Second RunwayCITY OF TUKWILA WASHINGTON RESOLUTION NO. 1226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CALLING FOR THE TIMELY COMPLETION OF NOISE MITIGATION OBLIGATIONS PROMISED BY THE PORT OF SEATTLE IN CONJUNCTION WITH THE SECOND RUNWAY AT SEATTLE TACOMA INTERNATIONAL AIRPORT AND REQUESTING THAT THE 1991 NOISE EXPOSURE MAP BE USED TO ESTABLISH BOUNDARIES OF THE NOISE REMEDY PROGRAM AREA. WHEREAS, the 1973 award winning Sea -Tac Communities Plan presented a comprehensive written commitment by Port of Seattle to mitigate Sea -Tac's noise pollution impacts on the surrounding community [Sea -Tac Communities Plan Ch. 5.2, 6.2], and WHEREAS, the federal standard for aircraft noise establishes the area within the 75 Ldn (average day /night noise level) noise contour as totally incompatible for residential and public land uses and establishes the area from 65 to 75 Ldn as incompatible for those same residential and public land uses unless noise attenuation is incorporated into the design and construction of the structures, [14 C.F.R. (Code of Federal Regulations), Part 150, Appendix A, Table 1, as established by the 1979 Federal Aviation Safety and Noise Abatement Act], and WHEREAS, after operational implementation of the second runway at Sea -Tac International Airport in 1972, the Port of Seattle claimed that aircraft noise had peaked in 1973 and that noise exposure contours would decrease in the future [Sea -Tac Communities Plan Ch. 7.2.1], and WHEREAS, Port predictions that noise exposure contours would shrink have proven false [From a compilation of official Port of Seattle noise contour maps 1973, 1984/85 and 1991. Also letter from Diane Summerhays, Sea -Tac Noise Abatement Program Manager dated 17 Aug 1992.], and WHEREAS, over 67,000 people have for 20 years been subjected daily to aircraft noise levels deemed incompatible with human habitation [1991 Noise Exposure Map (NEM)], and WHEREAS, the Port represented that it would include all noise exposure areas "permanently" above ANE 40 in land acquisition programs (Adjusted Noise Exposure 40 translates to 75 Ldn) [Sea Tac Communities Plan Ch. 6.2.4, p.3 and Federal Aviation Administration (FAA) document "The Sea -Tac Success Story April 1978, pp. 41 -51], and WHEREAS, to date, the majority of lands purchased by the Port under the Noise Remedy Program have actually been for federally mandated clear zones or other safety criteria [Sea -Tac Area Update, Sept. 1989, Part III, p.15], and WHEREAS, certain areas which have been within the 75 Ldn noise contour for twenty years have not been eligible for buyout under the Port Noise Remedy Program because of incorrect noise contour predictions [comparison of noise exposure maps for 1973 and 1991], and WHEREAS, the Port, in its 1973 Noise Remedy Program, represented that it would fully or partially insulate 5,790 single family (SF) homes in the immediate airport area [1973 SeaTac Communities Plan, Plan Summary, Noise Remedies Section], and WHEREAS, the Port did not take any action on noise insulation for the next thirteen years, until 1985 [Earl Munday, Manager of Noise Remedy, Sea -Tac International Airport], and WHEREAS, the Port adjusted the Noise Remedy Program in 1985 to include 10,000 SF homes roughly within the 65+ Ldn noise contours projected for the year 2000 [14 C.F.R., part 150 and POS brochure "Jet Aircraft Noise and You and WHEREAS, from 1985 -1991 the average rate of insulation was 80 homes per year, at which rate it would take 125 years to insulate the 10,000 SF homes within the Noise Remedy Program boundaries, and WHEREAS, in 1991, as part of the locally negotiated "Mediated Agreement the Port again adjusted the Noise Remedy Program by promising to fully pay for all insulation in the 10,000 SF homes within the Noise Remedy Program boundaries [Final package of mediated noise abatement actions for Sea -Tac International Airport (also know as "Mediated Agreement Mar 31, 1990], and WHEREAS, to date the Port has insulated fewer than 700 of the 10,000 SF homes, and at the present rate of insulation of 350 homes per year (established in 1992) it will take over 26 years, until the year 2019, to insulate the remaining 9,300 homes [Earl Munday], and WHEREAS, the public is often unaware of the many changes to the insulation program and are in many cases unwilling to sign the unlimited aviation easement used by the Sea -Tac program, and WHEREAS, since 1973 the Port has recognized an obligation to insulate public schools and multi- family residential property and since 1988 to insulate all public buildings within the Noise Remedy Program area, yet they have never insulated any of these structures [1973 Sea -Tac Communities Plan, Section 6.2.4, Other Use Categories and "Mediated Agreement Sec III, Part H, and 1988 Port of Seattle List of Public Buildings dated 6/27/88], and WHEREAS, numerous funding sources for noise mitigation exist including FAA funding, a federally authorized and locally levied Passenger Facility Charge (PFC) and bonding authority authorized by Washington State [C.F.R. 14 Parts 150 and 158, and Title 53 RCW, Ch. 53.54], and WHEREAS, the Port plans to use Passenger Facility Charges primarily to further expand the Sea Tac International Airport facilities rather than to meet promises and obligations to mitigate airport noise in the surrounding community [Sea -Tac Intl Airport, Application to Impose and Use Passenger Facility Charges, 13 Apr 92, 1992 -1993 PFC Plan, p.70], and WHEREAS, the Port has maintained a 20 -year planning period as a locally imposed criterion for establishing eligibility for buyout or insulation and has implied that program completion would be attained within that planning period or sooner, [Sea -Tac Communities Plan Ch. 5.2, 6.2, in particular 6.2.4 and POS Resolution No. 2626, section 4], and WHEREAS, the 1973 -1993 planning period is about to end without completion of Port- promised noise mitigation; THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Sec. 1. The Port should fulfill its commitment to deal with permanent Sea -Tac area aircraft noise impacts as promised in 1973. They should use the true and approved 1991 Noise Exposure Map to establish the boundaries of the Noise Remedy Program. The Port should abandon the year 2000 predicted noise contours which are the basis for the current program and which use a 27 -year noise exposure period in violation of Port policy. Sec. 2. The Port should fulfill its commitment to buyout noise impacted areas, and should commit funds to buyout all areas proven to have been "permanently" within 75 Ldn for the 1973 -1993 planning period. Buyout should be completed by the end of calendar year (CY) 1993 and should be extended to all residential structures and public buildings within the buyout area. The decision on which of these areas to buyout should be made after consultations with the affected local governments through their land use planning processes. Sec. 3. The Port should fulfill its commitment to insulate single family (SF) residences. A. The Port should complete insulation of the 5,790 SF homes promised in 1973, by the end of CY 1993. B. The Port should complete insulation of the remaining 4,210 SF homes promised in 1985, by the year 1995. C. The Port should foster a proactive Noise Remedy Program that would: 1. Advertise the current program to dispel public confusion about program changes and to alleviate fear of the program. 2. Lobby the Washington State legislature to change the current unlimited aviation easement to a limited aviation easement as used by many other airports. D. The Port should expand the insulation program to all SF residences within the new program boundaries established by the 1991 Noise Exposure Maps. Sec. 4. The Port should fulfill its commitment to insulate public buildings. A. The Port should insulate all public schools and multifamily residences within the 1973- 1993 Noise Remedy Program area by end of CY 1993. B. The Port should complete insulation of the other public buildings identified for mitigation on the 1988 Port Public Buildings List, by the year 2000. C. The Port should expand the Noise Remedy Program to include all multi- family residences and public buildings within the 65+ Ldn noise contours of the 1991 Noise Exposure Map. Sec. 5. For future mitigation programs, the Port should revise its timing criteria for eligibility and completion of Noise Remedy Programs. It is unacceptable that the Port's Noise Remedy Program should use a 20 -year exposure period to establish program eligibility given that the future noise exposure maps have been incorrect and have unfairly excluded eligible properties. It is unconscionable that the current `program for second runway mitigation will not be completed within the 20 -year planning period. Sec. 6. The Port should not rely solely on federal monies to fund noise mitigation commitments. The Port should dedicate a sufficient portion of Passenger Facility Charges to guarantee the interest stream for general obligation bonds that would fund its noise mitigation commitments within the applicable planning periods. Sec. 7. The Port should meet all previous mitigation obligations prior to any other sizeable capital expenditures, and should not undertake further runway or facility expansion at Sea -Tac International Airport until all properties qualifying for buyout or insulation under current programs have been purchased or insulated. Sec. 8. The Port should revise its Noise Exposure Map on a yearly basis using on -site evaluative methods endorsed by leading noise experts and approved by local jurisdictions. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 21st day of September 1992 ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk Office Of The Attorney Filed with the City Clerk: 9- /7- 9.2., Passed by the City Council: 9- 2/- 92 Resolution Number: Allan Ekberg, Council President 4 NOTES 1. PLEASE NOTE THAT ALL PROMISES BY THE PORT OF SEATTLE (POS) AND REQUESTS BY THE CITY OF DES MOINES IN THIS RESOLUTION DEAL WITH THE SEATAC 2ND RUNWAY ONLY. POTENTIAL MITIGATIONS FOR SEA -TAC'S 3RD RUNWAY ARE NOT CONSIDERED HERE, NOR HAS POS OFFERED ANY CONCRETE DISCUSSION OF THESE MITIGATIONS AS YET. TO DATE NO NOISE EXPOSURE MAP (NEM) HAS BEEN PRODUCED FOR THE INITIAL YEAR OF OPERATION OF THE 3RD RUNWAY. THE ONLY NEM SHOWING 3RD RUNWAY NOISE CONTOURS THAT HAS APPEARED IN THE PUBLIC RECORD HAS BEEN FOR THE YEAR 2020. IT HAS THEREFORE BEEN IMPOSSIBLE TO MAKE AN ASSESSMENT OF POTENTIAL NEW BUYOUT OR INSULATION AREAS. 2. PUBLIC LAND USE INCLUDES SCHOOLS, HOSPITALS AND CHURCHES. 3. THE WORST AIRCRAFT NOISE HAS REMAINED THE SAME OR INCREASED OVER THE PAST 20 YEAR PLANNING PERIOD, 1973 -1993. SEVENTY (70) LDN NOISE CONTOURS HAVE REMAINED APPROXIMATELY THE SAME WHILE 75 LDN NOISE CONTOURS HAVE INCREASED ON THE NORTH -SOUTH AXIS. RESIDENTIAL AREAS SHOWN WITHIN THE 65+ LDN NOISE CONTOUR OF THE 1991 NEM HAVE BEEN EXPOSED TO THIS LEVEL OF NOISE OR GREATER FOR TWENTY CONTINUOUS YEARS SINCE 1973. UNDER THE LOCAL CRITERION OF THE SEA -TAC COMMUNITIES PLAN, PROPERTY THAT IS EXPOSED TO AN AIRCRAFT NOISE LEVEL FOR 20 OR MORE YEARS IS TERMED "PERMANENTLY" EXPOSED. PERMANENT EXPOSURE IS THE CRITERION USED FOR ACQUISITION OR INSULATION. OTHER JURISDICTIONS, NOTABLY ATLANTA, HAVE USED THE CURRENT YEAR NOISE EXPOSURE AS THE BASIS FOR ACQUISITION. IN 1982 ATLANTA USED THE 1982 NEM AS THE BASIS FOR ITS ACQUISITION OF NOISE IMPACTED LANDS AROUND HARZFIELD INTERNATIONAL AIRPORT. 4. AREAS ELIGIBLE FOR ACQUISITION, BUT WHICH HAVE NOT BEEN OFFERED ELIGIBILITY DUE TO INCORRECT PREDICTED NOISE CONTOURS ARE LISTED BELOW. POS ACQUISITION POLICY WAS STATED IN SEA -TAC COMMUNITIES PLAN SECTION 6.2.4 AND WAS ADOPTED BY POS RESOLUTION NO. 2626. PLEASE NOTE THAT THIS IS NOT A COMPLETE LIST. A) DES MOINES Commencing at the current acquisition area at the intersection of S. 216th St. and 24th Ave. S., thence southerly along 24th Ave. S. to the intersection with S. 223rd St., thence westerly along S. 223rd St. to the intersection with R.O.W. State Route 509, thence northeasterly along R.O.W. St. Rt. 509 to the intersection with 16th Ave. S., thence northerly along 16th Ave. S. to the intersection with S. 216th St., thence easterly along S. 216th St. to the point of origin. B) BOULEVARD PARK Commencing at the current acquisition area at the intersection of S. 128th St. and Des Moines Way S., thence southerly along Des Moines Way S. to the intersection with 16th Ave. S., thence northerly on 16th Ave. -S. to the intersection with S. 116th St., thence easterly along S. 116th St. to the intersection with 20th Ave. S., thence southerly along 20th Ave. S. to the intersection with S. 128th St., thence easterly on S. 128th St. to the intersection with 22nd Ave. S., thence southerly on 22nd Ave. S. (both sides of the street) to the intersection with S. 136th St., thence westerly on 136th St. to the boundary with the current acquisition area. 5. THE NOISE REMEDY PROGRAM WAS ADJUSTED IN 1985 BECAUSE OF 1979 FEDERAL LEGISLATION TO MITIGATE THE EFFECTS OF AIRPORT NOISE ON A NATIONAL BASIS. THE ASNA ACT ESTABLISHED THE PART 150 PROGRAM.