HomeMy WebLinkAboutReg 2011-05-16 Item 6C - Resolution - Oppose Federal Preemption Regarding Railroads COUNCIL AGENDA SYNOPSIS
Jnai ls ITEM NO.
b Meeteq Date Prepared by or hieu Coy�l revre2a
05/09/11 CO
I 05/16/11 CO
ITEM INFORMATION
CAS NUIMBER:1 1 -U JU STAF SPONSOR: STEVE LANCASTER ORIGINAL AGENDA DATE MAY 9, 2011
A( ITr,m Trri.r. A resolution opposing Federal preemption regarding railroads.
C TFIGORY Discussion Motion Resolution Ordinance BidAxard Public-Hearind ❑Other
Mtg Date 519111 Mtg Date Mtg Date 5/16/11 Nltg Date Mtg Date A4tg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Leaal ®PAR ❑Police ❑PIS
SPO NSOR'S The Burlington Northern Santa Fe Railroad (BNSF) asserts that federal law preempts the
SUMMARY City's authority to enforce its land use regulations with regard to railroad activities. This
resolution would urge the U.S. Congress to take steps to ensure local jurisdictions have
reasonable control over such activities.
*The Community Affairs and Parks Committee requested additional Whereas clauses to
reflect discussion and citizen input received at the 4/25 CAP. They have been included.
Rf ?VII?WFD BY COW Mtg. CA &P Cmte F &S Cmte Transportation Crate
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 04/25/11 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR /ADMIN. City Administration
COMMI'1TEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT-/ FUND SOURCE
EXPI,NDI't'URI3 R1:�QUiRr'sD AMOUNTBUDGETED APPROPRIATION REQUIRED
Fund Source:
MTG. DATE I RECORD'OF COUNCIL ACTION
5/9/11 Forward to next Regular Meeting
MTG.DATEI ATTACHMENTS
5/9/11 I Informational Memorandum dated 4/20/11
Draft Resolution- revised AFTER CAP (changes shown in strike- through underline format)
Letter from BNSF dated 3/21/11
Resolution of the 66 Annual Conference of Mayors opposing federal preemption
5/16/11 lResolution in final form
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Cl of Tukwila
Washington
Resolution Igoe
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, OPPOSING FEDERAL PREEMPTION
OF LOCAL LAND USE AUTHORITY RELATED TO RAILROADS,
AND URGING THE UNITED STATES CONGRESS TO CLARIFY
ITS INTENT REGARDING LOCAL AUTHORITY.
WHEREAS, the City of Tukwila recognizes the important role played by intermodal
freight transport in the regional and national economies; and
WHEREAS, freight rail intermodal yard operations generate noise, vibration, dust,
air pollutants, heavy truck traffic, risk of explosion and hazardous substance release,
and other significant adverse environmental and land use impacts; and
WHEREAS, these adverse environmental and land use impacts negatively affect the
quality of life and economic value of established residential neighborhoods in Tukwila
and across the nation; and
WHEREAS, the BNSF Railway Company (BNSF) South Seattle Intermodal Facility
lies within the Allentown neighborhood, adjacent to the Duwamish River; and
WHEREAS, the Duwamish River is home to a federally listed, threatened run of
Chinook, and millions of federal, state and local dollars are being spent on salmon
recovery, and the responsible parties associated with the federal superfund site situated
downstream are highly concerned with ongoing source control issues and their potential
for negative impacts on the remediation efforts; and
WHEREAS, the potential for the BNSF to supersede SEPA and other environmental
protections could greatly increase these negative impacts; and
WHEREAS, Tukwila's Comprehensive Plan, adopted in 1995 and reviewed
annually, includes as its top priority "to improve and sustain residential neighborhood
quality and livability;" and
WHEREAS the City of Tukwila has relied on its Comprehensive Plan and invested
extensively in public facilities and infrastructure in the Allentown neighborhood in order
to preserve and enhance its residential quality and livability and
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WHEREAS, property owners have responded by investing in the construction of 65
new single family homes in the Allentown neighborhood since adoption of the City's
Comprehensive Plan; and
WHEREAS, the Allentown neighborhood provides affordable housing which
addresses the Growth Management Act targets set by King County and is also rich in
diversity with families of newly landed immigrants, multi generations living together; and
WHEREAS, BNSF has recently purchased land in the Allentown neighborhood of
Tukwila that is designated by Tukwila's Comprehensive Plan and by Tukwila's Zoning
Ordinance exclusively for Low Density Residential use; and
WHEREAS, BNSF has indicated its intention to expand its adjacent multimodal
freight yard facility and activities onto these newly acquired residential properties, and
has claimed a right to do so under the preemptive effect of federal law; and
WHEREAS, such expansion of the BNSF multimodal rail yard into an established
residential neighborhood would violate Tukwila's Comprehensive Plan and Zoning
Ordinance, and would increase the negative effects of its current operation upon
residents and on residential property values; and
WHEREAS, heavy truck traffic associated with the existing BNSF operation causes
excessive wear and damage to residential streets and bridges, which wear and damage
will only be increased by the expansion of the multimodal rail yard, and
WHEREAS, the United States Court of Appeals, Ninth Circuit, has ruled in City of
Auburn v. U.S. Government that all state and local permitting laws and environmental
regulations are explicitly preempted by the Interstate Commerce Commission
Termination Act; and
WHEREAS, many of the federal laws concerning railroads in the United States are
derived from laws adopted in the 19th century and do not reflect the societal, land use
and environmental values and priorities of today; and
WHEREAS, the legislative history of the Interstate Commerce Commission
Termination Act indicates it was Congress' intent to preempt only economic regulation
of rail transportation, and to reserve for the states the essential police powers required
to protect the health and safety of citizens; and
WHEREAS, the U.S. Conference of Mayors has adopted a resolution opposing the
federal preemption of local authority related to railroads; and
WHEREAS, the City of Tukwila does not seek to interfere with interstate commerce,
L, believes that railroads should be subject to the same federal, state and local laws
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and regulations that other private businesses and transportation facilities must meet in
order to protect the public health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City of Tukwila urges the United States Congress to:
1. Hold hearings on existing federal law governing railroads; and
2. Direct the Surface Transportation Board to immediately open an investigation into
the inordinate power exercised by the railroads over local environmental and land
use planning laws and take immediate steps to remedy an imbalance of power
through regulatory action if possible; and
3. Enact legislation clarifying that federal law does not preempt state and local
environmental and land use planning laws in terms of the expansion of rail yards in
urbanized areas when such expansion is inconsistent with locally adopted
Comprehensive Land Use Plans.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
Jim Haggerton, Mayor Allan Ekberg, Council President
ATTEST /AUTH E NTI CATE D:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
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