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HomeMy WebLinkAboutCOW 2013-08-12 Item 5E - Discussion - Study/Report Options for Allentown and Burlington Northern Santa Fe (BNSF) Intermodal FacilityCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared h Major's review Council review 08/12/13 KAM ITEM No. ITEM INFORMATION 53 STAFF SPONSOR: MATE) 'ORIGINAL AGENDA DATI E: 08/12/13 AGENDA ITEM TITLE Unbudgeted Study/Report Options for Allentown and the BNSF Intermodal Facility CATEGORY 1 Discussion 08/12/13 ❑ Motion Mfg Date ■ Resolution ❑ Ordinance Arts Date ❑ Bid Award ;1 ftg Date ❑ Public Hearin; _1 f/g Date i♦ Other Mtg Date Altg Date Ails Date SPONSOR IN Council ■ Mayor ❑ HR ❑ DCO ❑ Finance ❑ Fire ❑ 17° ❑ P& R. ❑ Police ❑ PH' SPONSOR'S Staff is seeking Council direction regarding City participation in two (2) unbudgeted SUMMARY studies pertaining to the Burlington Northern Santa Fe's (BNSF) South Seattle Intermodal Facility located in the Allentown neighborhood. REVIEWED BY ■ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: ❑ Utilities DATE: RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor's Office Per Council direction send directly to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $50,000 — $230,000 $0.00 $Unknown Fund Source: CIP - 104 ARTERIAL STREET FUND Comments: Expenditure amounts are determined by Council direction. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 08/12/13 Informational Memo dated 08/07/13 BNSF Meeting Summary dated 04/24/13 2013 -2018 CIP page 13 - BNSF Regional Center Access 2012 Federal Briefing Book - BNSF Excerpt 2013 Federal Briefing Book - BNSF Excerpt 53 MEMORANDUM City of Tukwila Jim Haggerton, Mayor TO: Tukwila City Council FROM: Kimberly Matej, Government Relations Manager DATE: August 7, 2013 SUBJECT: Unbudgeted Study /Report Options for Allentown and the BNSF Intermodal Facility ISSUE Staff is seeking Council direction regarding City participation in two (2) unbudgeted studies pertaining to the Burlington Northern Santa Fe's (BNSF) South Seattle Intermodal Facility located in the Allentown neighborhood. STRATEGIC PLAN GOAL This specific issue is applicable to Goal One of the City's Strategic Plan: A community of inviting neighborhoods and vibrant business districts. A 2013 priority within this goal is an improved environment for community livability; specifically, to create strategies to mitigate neighborhood impacts of freight mobility. BACKGROUND The BNSF South Seattle Intermodal Facility located in Allentown became fully operational in 1970. In 1989, the Allentown neighborhood was annexed by the City of Tukwila. This annexation finally provided this previously unincorporated area a voice within a full- service city. In January 2000, an ad- hoc committee (Burlington Northern Intermodal Task Force) was established to consider alternative truck access routes into the Intermodal Facility. The Task Force recommended four alternative routes for consideration, and presented a Meeting Report Summary, which Cooper Consulting Company prepared on April 10, 2000. Over the past several years, the City has been working with the Allentown community on issues regarding the impacts of the BNSF Intermodal Facility in the neighborhood. A considerable amount of correspondence has been exchanged between BNSF representatives and the City in an effort to build a foundation for sustainable and cooperative relationships between the Intermodal Facility and its residential neighbors. These efforts to address concerns have included discussions, meetings and correspondence between the City and community representatives, BNSF representatives, and Federal legislators. During the 2nd Quarter, staff was preparing to identify a consultant who could conduct and present a data - driven report of findings quantifying the effects of the Intermodal Facility onto the Allentown community (also referred to as a neighborhood livability study). However, new information presented during a meeting with BNSF this past April could effect how the City Council would like staff to move forward with this issue. This new information is outlined in the next section for Council consideration. Communication with neighborhood representatives has been ongoing to ensure that they receive updated information regarding the status of their concerns in a timely manner. Additionally, federal legislators have been provided written status summaries of this issue as reflected in the City's 2012 and 2013 Federal Briefing Books (Attachments 3 and 4), and regular conversations take place between the City's federal lobbyist and key federal legislative staff members. DISCUSSION On April 24, 2013, a meeting took place between BNSF and City representatives (including Councilmembers) wherein the City inquired to BNSF's interest in participating in a financial and /or consultant selection partnership for a neighborhood livability study. BNSF declined to participate in the 55 Unbudgeted Study /Report Options page 2 study if the consultant was going to look at the direct impacts of the Intermodal Facility onto the community. Initial cost estimates to conduct a neighborhood livability study range between $50,000 — $80,000. During the same meeting, BNSF reported that, in regard to alternate ingress and egress, the best alternative would be to create a southern route into the Intermodal Facility. BNSF suggested conducting a 30% design report for a southern route alternative. The report would include such things as an Environmental Impact Statement and timelines, essentially putting the project into a "shovel - ready" (30% design) position. This design report would result in a total project cost that could be considered reasonably accurate. BNSF proposed a 50/50 split between BNSF and the City to pay for the report. This report is estimated to cost a total of $300,000. In the event BNSF and the City consider partnering to apply for a future Transportation Investment Generating Economic Recovery (TIGER) grant to fund an alternate ingress /egress route, this type of report will likely need to be conducted. The application period for FY 2013 TIGER grant funds is now closed, and it is currently unknown if there will be FY 2014 TIGER grant funds. Funding was not identified in the 2013 -2014 Biennial Budget to fund either of the above - described studies /reports. Based on Council direction to move forward, potential project funding will be added to the CIP 104 Arterial Street Fund (see attached CIP page) in the 2014 column of the BNSF Regional Center Access project. RECOMMENDATION Due to direction needed within a policy on this particular issue, there is no staff recommendation. New information as presented at the April 24, 2013, meeting with BNSF could effect how the Council would like to proceed with this issue, and is presented here for full Council discussion. ATTACHMENTS Attachment 1: BNSF Meeting Summary dated 04/24/13 Attachment 2: 2013 -2018 CIP page 13 — BNSF Regional Center Access Attachment 3: 2012 Federal Briefing Book — BNSF excerpt Attachment 4: 2013 Federal Briefing Book — BNSF excerpt 56 Attachment 1 BNSF Meeting Summary dated 04/24/13 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.) 59 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. 60 Attachment 2 2013 -2018 CIP, page 13 BNSF Regional Center Access CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2013 to 2018 PROJECT: BNSF Regional Center Access Project No. 99510409 DESCRIPTION: Construct a new access to the BNSF Regional Distribution Center. JUSTIFICATION: Relocate the 900+ truck trips /day from residential streets in Allentown, increase efficiency of truck access between BNSF Facility and freeways, overall freeway traffic and regional freight movement. STATUS: At least two alternatives have been identified, yet no cost estimates have been determined. MAINT. IMPACT: To be identified. COMMENT: This will have a major positive impact on the Allentown neighborhood. Seeking grant funding through FAST Corridor, yet no funding is available at this time. FINANCIAL Through Estimated (in $000's) 2011 2012 2013 2014 2015 2016 2017 2018 BEYOND TOTAL EXPENSES 'x Project Location ",.. . i f . �; '4, Boer /��. ! -31��! 61 Design 133 Ili Ike 1.1114 1 0- , i rte - \ It IIIIIIIk . 7 = 5i. 133 Land (R /W) / 0 Const. Mgmt. 0 Construction 0 TOTAL EXPENSES 133 0 0 0 0 0 0 0 0 133 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 City Oper. Revenue 133 0 0 0 0 0 0 0 0 133 TOTAL SOURCES 133 0 0 0 0 0 0 0 0 133 2013 - 2018 Capital Improvement Program 13 63 'x Project Location ",.. . i f . �; '4, Boer /��. ! -31��! 61 . 11 W.,,,e. \ g II ��Qfj3 Y Ili Ike 1.1114 1 0- , i rte - \ It IIIIIIIk . 7 = 5i. WRY r '\NI, / 2013 - 2018 Capital Improvement Program 13 63 Attachment 3 2012 Federal Briefing Book — BNSF excerpt May 2012 CITY OF TUKWILA Meeting with representatives from the Surface Transportation Board and City of Tukwila Washington, D.C. May 10, 2012 67 DESCRIPTION TUKWILA, WASHINGTON BNSF & 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. 2 69 City of Tukwila BNSF Rezone from LDR to MC/ and MIC/H .07A IL FYAY August 10, 2011 Jim Haggerton Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington, 98I88 -2544 Re: Expected Response. Dear Mayor Haggerton: John A. Hovland BNSF Railway Company [iireelor 2500 Lou Meek Dr. Marketing Fxili y Development Ft. wont?, Texas 76131 817.667.6170 817.352.00051as john.hovlandn nsl.com RECFI VED AUG 1 5 2011 CITY Or 1 tJAWILA 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 18`s 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. erely, ohn ovla 4 73 Attachment 4 2013 Federal Briefing Book — BNSF excerpt May 2013 Federal Briefing Book Washington State Congressional Delegation CITY OF TURWILA S H I N G T Co N The city of opportunity, the community of choice Aerial photograph of Tukwila's Allentown neighborhood and the BNSF Intermodal Facility r• ' • -1 ' . fir i , e ik .. . ,, . 1. I, N ■ , , , \.,, .1 ' '' . -* \ , ' \\. , . N. . ' , .. - f , „ '15. ' t' • f. I ( , ' - ••,:• '0' 1.; ''''' ', i• ?" \ . \ i) 1 4 .•1_ 4, ii V 9; li• - • ,r4.j.;• ' \ .. \‘'.., —11 1. ' : "..‘ ' 1,...tik71 , \ \ ',., . • I , -...„,,,,••• a. %. • ,7_,- ., let, 1,.'•(-J..--; ..-4-.-, ' '— 0, • - , . . , _F. ;., _ . 4.,. ity...,.r., ,, . -,4 ., i, . ; ' i'•":449471.1V- '• 1 m.-- 1.E. : - -71.7, .i'A , ste,-*;:l.or,,r, ': -. , ,./..,-; . _..„ . — P-,, 117 .7 • 7 1 \ ... ! f '`'"' e'..-,-- ' 1 .0•0•0 .4 —.1 ; , ,_ . • ' - . — .70 t• — '.' ' -'. 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'', ,‘".. „,p, - , ,a.,... ; 11,` • • - .. • ! , '' i • il% ,-,..,, - ' i \ 4-- .. % ,', ... . , . mtg.. *•-\ .:.. , .. \ -• * eln - . _, • ., ' . ' — _ ' -'4. - .. Jrt,;, ,..? . ....„ . , -, It - - -• -,, - ‘-ro:... - . ....... . . . ' : -.a, --='?-.. f-.. P4-:•,. 4.:, . ; - -.4- --,.- . „,, Aerial photograph of Tukwila's Allentown neighborhood and the BNSF Intermodal Facility 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.