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HomeMy WebLinkAboutTrans 2013-07-23 Item 2D - Update - Allentown Area Relating to Burlington Northern Santa Fe (BNSF) RailroadGail Labanara From: Bob Giberson Sent: Wednesday, July 17, 2013 1:42 PM To: Gail Labanara Cc: Robin Tischmak Subject: FW: Meeting Follow -Up and Council Schedule Attachments: Meeting Summary 042413.pdf; 2012 BNSF Federal.pdf; 2013 BNSF Federal.pdf Use e-mail and attachments for TC. burlington northern railway railroad Thanks, Bob From: Kimberly Matej Sent: Monday, July 15, 2013 1:10 PM To: Jim Haggerton; David Cline; Bob Giberson; Jack Pace; Allan Ekberg; Dennis Robertson; De'Sean Quinn; deseanquinnOgmail.com; Joe Duffie; Kate Kruller; Kate Kruller (kktcc6@gmail.com); Kathy Hougardy; kjhougardy0comcast.net; Verna Seal; vernaiseal @gmail.com Cc: Laurel Humphrey; Cheryl Thompson Subject: FW: Meeting Follow -Up and Council Schedule FYI. Please see the e-mail below that I just sent to Brooke Alford and Lisa Krober, Allentown residents. Per previous Council direction, this item is coming forward to a Committee of Whole for discussion. At Friday's meeting, Brooke and Lisa also shared that they had a "steering committee" meeting of neighborhood representatives the week prior to discuss neighborhood concerns with the BNSF Intermodal Facility. They also requested that I attend their National Night Out neighborhood event similar to Terry Finn's (BNSF) attendance a few years prior. Please let me know if you have any questions. I am working on the staff report for the August 12 COW. Kimberly From: Kimberly Matej Sent: Monday, July 15, 2013 1:02 PM To: perennial.gardens @comcast.net; bmarie2@earthlink.net Subject: Meeting Follow -Up and Council Schedule Brooke and Lisa: As promised at our meeting on Friday, below I have listed details regarding the next time that Council discussion is scheduled regarding Allentown and BNSF. Monday, August 12, 2013 Committee of the Whole Meeting begins at 7:00 p.m. i 27 Council Chambers at City Hall Allentown /BNSF is scheduled to be an agenda item at this meeting. I will be presenting a staff report to the City Council that outlines information received at the last meeting with BNSF representatives which was on April 24, 2013. For reference, I have attached the meeting summary from April 24, as much of this information will be included in the staff report. Essentially, the staff report will seek Council direction on moving forward with the BNSF conversation. For background information, I have also attached the BNSF status pages from the City's past two federal legislative briefing books. It was nice to see you both on Friday. I hope you had a wonderful weekend. Please let me know if you have any questions. Kimberly Kimberly Matej Government Relations Manager 1 City of Tukwila 6200 Southcenter Boulevard 'Tukwila, WA 98188 ph: (206) 433 -18341 fx: (206) 433 -1833 The City of opportunity, the community of choice 2 28 TO: City of Tukwila Jim Haggerton, Mayor Department of Public Works Bob Giberson, P.E., Director Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director BY: Robin Tischmak, City Engineer DATE: May 13, 2013 SUBJECT: 2013 Transportation Work Plan ISSUE Updated information includes anticipated schedules for the list of 2013 funded transportation projects and anticipated items which may be brought forward to the Transportation Committee. DISCUSSION Public Works discussed the 2013 work program at the January 15, 2013 Transportation Committee meeting. Anticipated schedules and potential committee agenda items will be presented, as well as direction from the committee regarding preferences or requests on how agenda items are included. * an asterisk indicates those items that were approved as Transportation Committee Goals Second Quarter 1. TUC Access (Klickitat) — Final LID Assessment Roll 2. Annual Bridge Inspections — Award contract(s) for inspections and repair project(s) 3. Transportation Improvement Program (TIP) — Council adoption 4. 42 "d Ave S Safety Rail Along River — Guardrail analysis Third Quarter 1. *CIP Project Review Policy 2. Boeing Access Road Bridge Rehabilitation — Approve design contract 3. Overlay & Repair - E Marginal Way — Approve design contract (Complete); award const. contract 4. ADA Improvements — Approve design contract (Complete); award construction contract 5. Safe Routes to Schools (Cascade and Thorndyke) — Approve contracts for design; award construction bid for Cascade View Elementary trail. 6. TUC Transit Center & Andover Park W (Tuk Pkwy to Strander Blvd) — Award construction bid. 7. Interurban Ave S (S 143 St to Ft Dent) — Approve design contract (Complete); award const. contract. 8. 2013 Overlay & Repair — Award construction contract; approve 2014 design contract. 9. Traffic Impact Fee Intersection Improvement Projects (5) — Approve contracts for design. i. Andover Park E/Industry Dr ii. Andover Park E/Minkler Blvd iii. W Valley Hwy /S 156 St iv. S 133 St/Sr 599 v. Macadam Rd /S 144 St 10. Tukwila Urban Center Access (Klickitat) — Project Closeout (Complete) 11. Southcenter Parkway Extension - Project Closeout. 12. School Zone Issues 13. Traffic Impact Fees C: \Users \gail\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook\2KLE57HC \InfoMemo 2013 (Revised) TC WorkProgram Goals.docx INFORMATIONAL MEMO Page 2 Fourth Quarter 1. *Public Safety Oriented Sidewalk Policy 2. *Tukwila International Boulevard Corridor Improvements 3. *Apprenticeship Policy 4. 42" Ave S — Phase III (Southcenter Blvd to S 160th St) — Continue /complete design; present periodic status updates and /or present issues that may need Council input or direction. 5. TUC Pedestrian /Bicycle Bridge — Finish design; submit grant applications. 6. Transportation Element of Comp Plan — Adopt Comprehensive Plan. Other Transportation Issues SCATBd Agendas (Each meeting) BNSF Freight Mobility Issues (COW Item) RECOMMENDATION Information only. C: 1UserslgaillAppDatalLocallMicrosoft \Windows \Temporary Internet Files\ Content .Outlookl2KLE57HC \InfoMemo 2013 (Revised) TC WorkProgram Goals.docx City of Tukwila Jim Haggerton, Mayor MEETING SUMMARY MEETING DETAILS: BNSF Follow -Up Meeting April 24, 2013 — 11:00 a.m. Tukwila City Hall Conference Room #3 ATTNENDEES: BNSF — John Hovland, Director of Marketing Facility Development; Colleen Weatherford, Director of Public Private Partnerships; and Terry Finn, Director of Government Affairs City— Councilmembers Allan Ekberg, Verna Seal, and De'Sean Quinn; Mayor Haggerton, David Cline, Kimberly Matej and Michelle Giguere (Ball Janik, LLP) Agenda Topic — BNSF Results of Engineering Options At the November 13, 2012, meeting between BNSF and City representatives, John Hovland committed to have BNSF consider engineering options for an alternative means of ingress and egress for the Intermodal Facility, in place of the current route which travels down South 124th Street. Mr. Hovland reported that as a result of consideration of these options, the best alternative would be to create a southern route into the Intermodal Facility. Mr. Hovland discussed the possibility of 30% design report for a southern route consideration. He estimated the cost for the report to be approximately $300,000 on the high -end. The report would include such things as EIS and timelines, essentially putting the project into a "shovel- ready" (30% design) position if funding were to be identified or possibly secured via grant monies. This design report would result in a total project cost that could be considered reasonably accurate. Mr. Hovland proposed a 50/50 split between BNSF and the City to pay for the report. City representatives relayed that a decision in regard to such a commitment would need to be considered by the full Council as well as the City Attorney's Office. Additionally, City representatives conveyed the importance of the City and community playing a partnership role in any such request for proposal (RFP). In response, Mr. Hovland relayed that BNSF could prepare an RFP for the design report, and inquired if the City would be interested in that preparation beginning in the meantime. City representatives concurred with his suggestion. BNSF invited the City to provide names of any contractors it would like on the bid list for consideration. If the RFP were put out for bid, bids would be returned within 45 days. The process for securing and completing a contract would take longer; however, BNSF estimated 120 days from bid to design report completion. See page 2 for potential funding options (TIGER). ACTION ITEM NO. 1: Within in three weeks, BNSF will forward a draft RFP for a 30% design report to the City of Tukwila for initial review and input. Agenda Topic — Neighborhood Communication City representatives related the Allentown community's continued interest in open, transparent communication between the community, City and BNSF, and mentioned different concerns between and among different areas of the neighborhood (i.e.: houses located on 124th as compared to residents on other streets or businesses across the river, etc.) 31 Meeting Summary: BNSF 04/24/13 page 2 Mr. Hovland mentioned that Allentown property owners are still approaching BNSF offering to sell property, and BNFS has declined to do so. In regards to activity in the area, he communicated that there will likely be some pavement/parking lot work being done in the Intermodal Facility. BNSF expressed willingness to attend a more formal meeting within the community (as compared to National Night Out a couple years ago) as long as there is a broad agenda that includes a set discussion topic for BNSF such as the impact of intermodal facility operations. ACTION ITEM NO. 2: Follow -up with this item once the Council agrees to decision and process for how to proceed with Action Item No. 1. Agenda Topic — BNSF Interest in Consultant (Neighborhood Livability) City representatives related Allentown community concerns regarding quality of life issues as a result of the Intermodal Facility location. In response, the City would like to secure a consultant that can identify impacts, provide data - driven (empirically supported) information, and suggest potential mitigation opportunities relating to the BNSF Intermodal Facility within Allentown. The City inquired about BNSF's interest in providing financial and /or consultant selection partnership. BNSF replied that if the consultant would be looking at direct impacts of the Intermodal Facility onto the community, they will not participate. However, if the consultant were secured to conduct a cost benefit analysis of the proposed project referencing the 30% design report for a southern route alternative, they would be willing to have an internal discussion to consider participation. The City and BNSF discussed that consultant findings would have to be non - binding. BNSF stated that there are some unmitigatable circumstances. All representatives agreed that any recommendations for mitigation would simply be recommendations, and would not commit the City or BNSF to taking any specific actions. As an extension of this item, the group discussed the possibility applying for a future TIGER V or VI grant for this potential project. The latest rounds of TIGER V applications are due by June 3, 2013, so submission to this cycle of funding would not be possible. TIGER funds are awarded on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. Successful projects depend significantly on the relational partnerships of the community /city /business affected and benefited by the project. ACTION ITEM NO. 3: Determine interest in and viability of preparing for TIGER VI grant funding, if additional TIGER funds are provided in the 2014 FY budget. Decision to be made by Council. No specific deadline; timeliness should be considered. NOTE: All action Items are dependent on the timely advancement of agreed to tasks (i.e.: an RFP for a specific ingress /egress construction project, and another RFP that is geared to a cost - benefit analysis of various improvements), which need to be completed in order to submit a TIGER VI application next spring, if that course of action is pursued. Each RFP will need to identify specific intended outcomes as a result of consultant work. 32 May 2013 Federal Briefing Book Washington State Congressional Delegation CITY OF TURWILA NAT A S H I N G T Co N die city of opportunity, the community of choice Aerial photograph of Tukwila'sAllentown neighborhood and the BNSF Intermodal Facility 9 34 BNSF DESCRIPTION Burlington Northern Santa Fe (BNSF) operates an intermodal freight yard in the Allentown neighborhood of Tukwila. BNSF has recently acquired adjacent property designated by Tukwila's Comprehensive Plan and Zoning Code for low density residential use. BNSF applied for a Comprehensive Plan amendment and a rezone to designate the newly acquired property for manufacturing and industrial use. Upon learning that the City Administration would recommend the City Council deny this request, BNSF withdrew its application and asserted that federal law preempts the City from enforcing its land use and environmental regulations with regard to railroad activities. The location of the BNSF intermodal rail yard in Tukwila, adjacent to a residential neighborhood, has been an issue for many years. The impacts to homeowners include heavy truck traffic through the single - family neighborhood and significant noise at all hours of the day and night. Neighbors have been very vocal in their opposition to expansion of non - residential uses into their neighborhood, and have submitted petitions and letters opposing the rezone to the Tukwila City Council. The City of Tukwila recognizes the vital role that rail transport plays in the nation's economy and security. We also believe that the current regulatory scheme governing railroad operations places an unnecessary and unhealthy burden upon host communities. The issue of federal preemption related to railroads and local land use authority was addressed by the US Conference of Mayors, which in 2007 adopted a resolution urging the United States Congress to "hold hearings on existing federal law governing railroads and enact legislation clarifying that current federal law does not preempt state and local environmental and land use planning laws." CURRENT STATUS Since last May, representatives from the City of Tukwila and BNSF have met three times on the following dates: July 12, 2012, November 13, 2012 and April 24, 2013. These meetings have included discussions regarding alternate means for ingress /egress for the Intermodal Facility located in Tukwila's Allentown neighborhood. Through these meetings, two alternate routes have been eliminated, and one potential route appears worthy of additional consideration. BNSF is interested in considering an alternate access point from the southern -most portion of the Facility, and has inquired to Tukwila's interest in sharing the financial cost for a 30% Design Report in relation to this proposed access route. 3 35 May 2012 CITY OF TUKWILA Meeting with representatives from the Surface Transportation Board and City of Tukwila 0 Washington, D.C. May 10, 2012 DESCRIPTION (TUKWILA, WASHINGTON BNSF & ALLENTOWN & ALLENTOWN Burlington Northern Santa Fe (BNSF) operates an intermodal freight yard in the Allentown neighborhood of Tukwila. BNSF has recently acquired adjacent property designated by Tukwila's Comprehensive Plan and Zoning Code for low density residential use. BNSF applied for a Comprehensive Plan amendment and a rezone to designate the newly acquired property for manufacturing and industrial use. Upon learning that the City Administration would recommend the City Council deny this request, BNSF withdrew its application and asserted that federal law preempts the City from enforcing its land use and environmental regulations with regard to railroad activities. The location of the BNSF intermodal rail yard in Tukwila, adjacent to a residential neighborhood, has been an issue for many years. The impacts to homeowners include heavy truck traffic through the single - family neighborhood and significant noise at all hours of the day and night. Neighbors have been very vocal in their opposition to expansion of non - residential uses into their neighborhood, and have submitted petitions and letters opposing the rezone to the Tukwila City Council. The City of Tukwila recognizes the vital role that rail transport plays in the nation's economy and security. We also believe that the current regulatory scheme governing railroad operations places an unnecessary and unhealthy burden upon host communities. The issue of federal preemption related to railroads and local land use authority was addressed by the US Conference of Mayors, which in 2007 adopted a resolution urging the United States Congress to "hold hearings on existing federal law governing railroads and enact legislation clarifying that current federal law does not preempt state and local environmental and land use planning laws." BACKGROUND The City has met with BNSF to explore possible compromise solutions, but the results of those discussions did not lead to a resolution of this matter. In turn, on May 16, 2011, the Tukwila City Council unanimously adopted Resolution No. 1741, petitioning the United States Congress to: 1. Hold hearings on existing law governing railroads; 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 to take immediate steps to remedy an imbalance of power; 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 where such expansion is inconsistent with locally adopted Comprehensive Land Use Plans. CURRENT STATUS On July 18, 2011, the City and BNSF met to clarify misunderstandings and work towards addressing community concerns. Representatives from several of the City's Federal Congressional Delegation were in attendance. Since that meeting, BNSF representatives have not scheduled additional meetings that they obligated themselves to on July 18 and in a letter dated August 10, 2011 (see next page). Additionally, BNSF officials have communicated that they will not meet with the community; they will only meet with specific City representatives. The last communication between the City and BNSF was in an e -mail dated January 23, 2012, from BNSF that stated a meeting would be arranged in February 2012. There has been no further communication from BNSF since that time. The City remains open to further discussions with BNSF, continues to hope for good resolution, and appreciates the assistance of our Delegation has provided to date. 37 2 City of Tukwila BNSF Rezone from LDRto MC/ and MIC/H NORTH 1"= 100 338 RA fL WAY August 10, 2011 Jim Haggerton Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington, 98188 -2544 Re: Expected Response Dear Mayor Haggerton: John L Hovland BNSF Aailw.y Company Director 2500 Lou Menk Dr. Marketing Facility Development Ft. Worth, Texas 76131 817.867.6170 817352.0005 fax john.hovland@6nsLcom RECEIVED AUG 1. 5 2011 CITY OF 1UKWILA MAYOR'S OFFICE This letter is in response to your e-mail dated August 1st and in response to your conversation with Terry Finn on August 2nd. As you indicated in your e-mail, I agreed to respond to your questions from the July 18th meeting. It was our intent for Terry Finn to provide those responses at the community gathering held on August 2nd. Based on Terry Finn's conversation with you at that meeting, it is our understanding that you would like these responses in writing. This letter addresses that request. We believe the July 18th meeting was very productive. It was a great opportunity for the City and BNSF to clarify misunderstandings and work towards addressing the community's concerns. BNSF proposes to continue this open dialogue through periodic meetings with the City. We propose initially to meet with you and your team every six months. Then we can adjust the frequency as needed. If you are amenable to this idea, I will coordinate with your staff to schedule the first meeting. You asked about BNSF's long -term expansion and property acquisition plans for the rail yard. As we discussed at the July 18th meeting, our future expansion and property acquisition plans are a product of future demand. However, at this time, BNSF has no near -term plans to expand the facility's capacity or to acquire additional residential property other than properties that are currently under negotiation. We are examining various improvements to maximize the efficiency of our existing facility footprint such as an Automated Gate System (AGS). AGS could also provide benefits to the community, which we can describe more fully at our next meeting. We are proud that we have been a part of your community for over 100 years now. Moving forward we envision our proposed meetings providing a forum to be in frequent and open dialogue regarding issues as they arise like those discussed at the July 18 meeting. The result, we hope, will be a positive joint effort with you and the community to foster greater partnership and understanding. Please feel free to give me a call at any time. You can also call Terry Finn, at 206 -625 -6135, for a local representative. 39 4