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HomeMy WebLinkAboutCity Council Committees - Public Works or Public Works Committee - 05/29/1998 • DEPARTMENT OF PUBLIC WORKS May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom- RE: Agreement with Western Processing Trust (Boeing) The 196th Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated • status of the superfund site, once the cap is in place it should not be disturbed. The 196`" Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. In past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the . embankment and culvert for the City within the superfund site. Because the Trust wants to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is developed. Our intent is, upon Committee's concurrence this item will be placed on the June 161h Council agenda for formal action. Prior to said Council meeting, at the June 15'h Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196t' Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. \oo - — P m N - n L i m A N N N ti • Q I 6M AVENUE S w. o Z 1 m �o 1 _ AY - p 8N o O m jA N 72ND AVENUE SCIO . • > as N 0,>C _ 0 m c of m 777N.AVENUE S. � r � Fri m y � � O - O b 0 _ _ z_ z fn rq 81ST n N j sr,tei� o • I 9 � C OFFICE OF THE CITY ATTORNEY interoffice MEMORANDUM to' Public Works and Planning Committee cc: Roger A. Lubovich, City Attorney Jim Harris, Planning Director Don Wickstrom, Public Works Director Jerry McCaughan, Property Manager Gary Gill, City Engineer Tim LaPorte, Design Engineer Supervisor Michael Charneski, Outside Counsel from: Tom Brubaker, Assistant City Attorney re: Railroad Franchise Issues throughout Kent date: May 29, 1998 The Public Works Department and the Office of the City Attorney have been undertaking a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad and they require further action at this time. First,the City holds a number of franchises that are perpetual in nature and apply to crossings that no longer exist. Accordingly,we request that the City Council repeal the following ordinances: Ordinance No. 80 granted to Hunt Lundrey Company Ordinance No. 90 granted to Washington Condensed Milk Company Ordinance No. 170 granted to Fred Chamberlain Ordinance No. 182 granted to Northern Pacific Railway Company Ordinance No. 217 granted to Thomas Chapman Ordinance No. 409 or granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 499 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 958 granted to Northern Pacific Railway Company • Once these franchises are repealed, three franchises will remain that affect existing crossings and that were originally created to exist in perpetuity. However, under state law, cities do not have the authority to grant franchises in perpetuity, and they are therefore void at least as to their term. As a result, we are requesting that this committee authorize the Public Works Department and City Attorney's Office to begin discussions with the affected railroad companies to enter into new franchise agreements that will either amend or repeal the franchise ordinances that are purportedly controlling these crossings. Those ordinance numbers are: Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 893 granted to Northern Pacific Railway Company Ordinance No.2054 granted to Burlington Northern Railroad Ordinance No. 893 affects multiple crossings, some of which also no longer exist. Finally, we are requesting authority to offer new franchises relating to various crossings that were subject to previous franchises established for a limited term of years. These franchises have expired and are now void because their term has run out and they have not been amended or renewed. These expired franchises are as follows: Ordinance No. 1491 granted to Union Pacific Railroad Ordinance No. 1497 granted to Northern Pacific Railway Company Ordinance No. 2209 granted to Union Pacific Railroad Ordinance No. 2211 granted to Burlington Northern Railroad Ordinance No. 2222 granted to Burlington Northern Railroad Ordinance No. 2309 granted to Union Pacific Railroad With your approval, we will undertake the necessary efforts to begin the process to repeal, amend, and enter into the various franchises referenced above. P:'LAW FILES%0I9Tpwcomm.mem.doc DEPARTMENT OF PUBLIC WORKS May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom- RE: Agreement with Western Processing Trust (Boeing) The 196" Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated status of the superfund site, once the cap is in place it should not be disturbed. The 196`" Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. In past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the embankment and culvert for the City within the superfund site. Because the Trust wants to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is developed. Our intent is, upon Committee's concurrence this item will be placed on the June 16" Council agenda for formal action. Prior to said Council meeting, at the June 15" Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196"" Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. 3 _ m >> W m I � -0 Q sTN AVENUE s. � o � o e N WAY H A yE Q 8N m O _ I io J I �nNo AVENUE s. 77TH AVENUE S. �' 1 r .A KCID y � - I - x _ Q � O o >OD ' � m F B1s7 AVENUE s. - � _g O I z x ' i z I - - - _ - I I I-- I imizmwn WAY P i o > b 9 b b OFFICE OF THE CITY ATTORNEY interoffice MEMORANDUM to: Public Works and Planning Committee cc: Roger A. Lubovich, City Attorney Jim Harris, Planning Director Don Wickstrom, Public Works Director Jerry McCaughan, Property Manager Gary Gill, City Engineer Tim LaPorte, Design Engineer Supervisor Michael Charneski, Outside Counsel from: Tom Brubaker, Assistant City Attorney re: Railroad Franchise Issues throughout Kent date: !May 29, 1998 The Public Works Department and the Office of the City Attorney have been undertaking a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad and they require further action at this time. First,the City holds a number of franchises that are perpetual in nature and apply to crossings that no longer exist. Accordingly, we request that the City Council repeal the following ordinances: Ordinance No. 80 granted to Hunt Lundrey Company Ordinance No. 90 granted to Washington Condensed Milk Company Ordinance No. 170 granted to Fred Chamberlain Ordinance No. 182 granted to Northern Pacific Railway Company Ordinance No. 217 granted to Thomas Chapman Ordinance No. 409 granted to Chicago, Milwaukee& St. Paul Railroad Company Ordinance No. 499 granted to Chicago,Milwaukee & St. Paul Railroad Company Ordinance No. 958 granted to Northern Pacific Railway Company • Once these franchises are repealed, three franchises will remain that affect existing crossings and that were originally created to exist in perpetuity. However, under state law, cities do not have the authority to grant franchises in perpetuity, and they are therefore void at least as to their term. As a result, we are requesting that this committee authorize the Public Works Department and City Attorney's Office to begin discussions with the affected railroad companies to enter into new franchise agreements that will either amend or repeal the franchise ordinances that are purportedly controlling these crossings. Those ordinance numbers are: Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 893 granted to Northern Pacific Railway Company Ordinance No.2054 granted to Burlington Northern Railroad Ordinance No. 893 affects multiple crossings, some of which also no longer exist. Finally, we are requesting authority to offer new franchises relating to various crossings that were subject to previous franchises established for a limited term of years. These franchises have expired and are now void because their term has run out and they have not been amended or renewed. These expired franchises are as follows: Ordinance No. 1491 granted to Union Pacific Railroad Ordinance No. 1497 granted to Northern Pacific Railway Company Ordinance No. 2209 granted to Union Pacific Railroad Ordinance No. 2211 granted to Burlington Northern Railroad Ordinance No. 2222 granted to Burlington Northern Railroad Ordinance No. 2309 granted to Union Pacific Railroad With your approval, we will undertake the necessary efforts to begin the process to repeal, amend, and enter into the various franchises referenced above. VLAWVILES\0177,pwa mm.mem.doc • 2 DEPARTMENT OF PUBLIC WORKS May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom-j- RE: Agreement with Western Processing Trust (Boeing) The 196`h Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated status of the superfund site, once the cap is in place it should not be disturbed. The 196" Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. In past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the embankment and culvert for the City within the superfund site. Because the Trust wants • to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is • developed. Our intent is, upon Committee's concurrence this item will be placed on the June 16' Council agenda for formal action. Prior to said Council meeting, at the June 15" Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION. Authorize the Mayor to sign the Agreement with Trust for certain 196`h Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. N 1y I f11 A n � II c N 1 n • sTN AVENUE S. I p M LA WAY I N e _ 1 N I72ND 2 ANENUE S. IRN � � � 2 f� J > . - • 0o> rn m o 1, m rs�1 77TNI AVENUE s. r r r � I my = Q1 j ti-j � rry - N x 81$T AVENUE S. i < O e I i ICI I - - o b0. A C � p f > .p 9 � N �p OFFICE OF THE CITY ATTORNEY s i me Toff i ce MEMORANDUM to: Public Works and Planning Committee cc: Roger A. Lubovich, City Attorney Jim Harris, Planning Director Don Wickstrom, Public Works Director Jerry McCaughan, Property Manager Gary Gill, City Engineer Tim LaPorte, Design Engineer Supervisor Michael Charneski, Outside Counsel from: Tom Brubaker, Assistant City Attorney re: Railroad Franchise Issues throughout Kent date: May 29, 1999 The Public Works Department and the Office of the City Attorney have been undertaking a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad and they require further action at this time. First,the City holds a number of franchises that are perpetual in nature and apply to crossings that no longer exist. Accordingly, we request that the City Council repeal the following ordinances: Ordinance No. 80 granted to Hunt Lundrey Company Ordinance No. 90 granted to Washington Condensed Milk Company Ordinance No. 170 granted to Fred Chamberlain Ordinance No. 182 granted to Northern Pacific Railway Company Ordinance No. 217 granted to Thomas Chapman Ordinance No. 409 granted to Chicago,Milwaukee& St. Paul Railroad Company Ordinance No. 499 granted to Chicago, Milwaukee& St. Paul Railroad Company Ordinance No. 958 granted to Northern Pacific Railway Company Once these franchises are repealed, three franchises will remain that affect existing crossings and that were originally created to exist in perpetuity. However, under state law, cities do not have the authority to grant franchises in perpetuity, and they are therefore void at least as to their term. As a result, we are requesting that this committee authorize the Public Works Department and City Attorney's Office to begin discussions with the affected railroad companies to enter into new franchise agreements that will either amend or repeal the franchise ordinances that are purportedly controlling these crossings. Those ordinance numbers are: Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 893 granted to Northern Pacific Railway Company Ordinance No.2054 granted to Burlington Northern Railroad Ordinance No. 893 affects multiple crossings, some of which also no longer exist. Finally, we are requesting authority to offer new franchises relating to various crossings that were subject to previous franchises established for a limited term of years. These franchises have expired and are now void because their term has run out and they have not been amended or renewed. These expired franchises are as follows: Ordinance No. 1491 granted to Union Pacific Railroad Ordinance No. 1497 granted to Northern Pacific Railway Company Ordinance No. 2209 granted to Union Pacific Railroad Ordinance No. 2211 granted to Burlington Northern Railroad Ordinance No. 2222 granted to Burlington Northern Railroad Ordinance No. 2309 granted to Union Pacific Railroad With your approval, we will undertake the necessary efforts to begin the process to repeal. amend, and enter into the various franchises referenced above. V:`LAWVILESW17Tpwa mm mem doc 7 DEPARTMENT OF PUBLIC WORKS • May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom RE: Agreement with Western Processing Trust (Boeing) The 1961h Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated status of the superfund site, once the cap is in place it should not be disturbed. The 1961h Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. In past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the embankment and culvert for the City within the superfund site. Because the Trust wants to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is . developed. Our intent is, upon Committee's concurrence this item will be placed on the June 16' Council agenda for formal action. Prior to said Council meeting, at the June 15`h Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196" Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. N n C N - CA TM A Nuc s. c � om m 1O I1I g� y OIM 1I I K. 5 m _A 0 I L 1 m to i I _ AVENUE S A 77ND .. - -- I I 7G�C ,^ II m = mx O m 77TN AVENUE 5. .y m 0) n S I1815T AI NUE 5. - --i = LL1 - - - - - _ - L- 7-1 E�4r� jo 1O a t m p / � 7 c i Kam+ �♦�-ar 9 M OFFICE OF THE CITY ATTORNEY i nteroffic e MEMORANDUM to: Public Works and Planning Committee «• Roger A. Lubovich, City Attorney Jim Hams, Planning Director Don Wickstrom, Public Works Director Jerry McCaughan, Property Manager Gary Gill, City Engineer Tim LaPorte, Design Engineer Supervisor 'Michael Charneski, Outside Counsel from: Tom Brubaker, Assistant City Attorney re: Railroad Franchise Issues throughout Kent date: May 29, 1998 The Public Works Department and the Office of the City Attorney have been undertaking a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad and they require further action at this time. First,the City holds a number of franchises that are perpetual in nature and apply to crossings that no longer exist. Accordingly, we request that the City Council repeal the following ordinances: Ordinance No. 80 granted to Hunt Lundrey Company Ordinance No. 90 granted to Washington Condensed Milk Company Ordinance No. 170 granted to Fred Chamberlain Ordinance No. 182 granted to Northern Pacific Railway Company Ordinance No. 217 granted to Thomas Chapman Ordinance No. 409 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 499 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 958 granted to Northern Pacific Railway Company Once these franchises are repealed, three franchises will remain that affect existing crossings • and that were originally created to exist in perpetuity. However, under state law, cities do not have the authority to grant franchises in perpetuity, and they are therefore void at least as to their term. As a result, we are requesting that this committee authorize the Public Works Department and City Attorney's Office to begin discussions with the affected railroad companies to enter into new franchise agreements that will either amend or repeal the franchise ordinances that are purportedly controlling these crossings. Those ordinance numbers are: Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 893 granted to Northern Pacific Railway Company Ordinance No.2054 granted to Burlington Nor-them Railroad Ordinance No. 893 affects multiple crossings, some of which also no longer exist. Finally, we are requesting authority to offer new franchises relating to various crossings that were subject to previous franchises established for a limited term of years. These franchises have expired and are now void because their term has run out and they have not been amended or renewed. These expired franchises are as follows: Ordinance No. 1491 granted to Union Pacific Railroad Ordinance No. 1497 granted to Northern Pacific Railway Company Ordinance No. 2209 granted to Union Pacific Railroad Ordinance No. 2211 granted to Burlington Northern Railroad Ordinance No. 2222 granted to Burlington Northern Railroad Ordinance No. 2309 granted to Union Pacific Railroad With your approval, we will undertake the necessary efforts to begin the process to repeal, amend. and enter into the various franchises referenced above. P:LLAWFILES'.D 177TgwwM...=do • 2 DEPARTMENT OF PUBLIC WORKS May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom-4) RE: Agreement with Western Processing Trust (Boeing) The 1961h Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated status of the superfund site, once the cap is in place it should not be disturbed. The 196`h Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. in past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the embankment and culvert for the City within the superfund site. Because the Trust wants to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is • developed. Our intent is, upon Committee's concurrence this item will be placed on the June 16" Council agenda for formal action. Prior to said Council meeting, at the June 15`n Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196" Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. • (] pN C Z • - I II` � m I ~ I--- i 6TM AKNUE 5, 0 x I e o e m O O 9P�I m � m I I - m I o A c 18 __AVENUE 5.] N0 2 i I N � C Z T C 77THI AVENUE 5- N 1511 r r 1 i n i x II m �CD ..__- _ 1J1 O r� Yo r 8rn N r — 815T AVENUE S. - i I o ;o Li - �reWA,. I emo , b N I OFFICE OF THE CITY ATTORNEY interoffice MEMORANDUM to: Public Works and Planning Committee cc: Roger A. Lubovich; City Attorney Jim Harris, Planning Director Don Wickstrom, Public Works Director Jerry McCaughan, Property Manager Gary Gill, City Engineer i Tim LaPorte, Design Engineer Supervisor Michael Charneski, Outside Counsel from: Tom Brubaker, Assistant City Attorney re: Railroad Franchise Issues throughout Kent date: j May 29, 1998 The Public Works Department and the Office of the City Attorney have been undertaking a review of railroad mainline and spur crossings within the City of Kent. Many of these crossings are subject to franchise agreements with the Burlington Northern Santa Fe Railroad and the Union Pacific Railroad and they require further action at this time. First, the City holds a number of franchises that are perpetual in nature and apply to crossings that no longer exist. Accordingly, we request that the City Council repeal the following ordinances: Ordinance No. 80 granted to Hunt Lundrey Company Ordinance No. 90 granted to Washington Condensed Milk Company Ordinance No. 170 ranted to Fred Chamberlain Ordinance No. 182 granted to Northern Pacific Railway Company Ordinance No. 217 granted to Thomas Chapman Ordinance No. 409 granted to Chicago, Milwaukee& St. Paul Railroad Company Ordinance No. 499 granted to Chicago, Milwaukee& St. Paul Railroad Company Ordinance No. 958 granted to Northern Pacific Railway Company Once these franchises are repealed, three franchises will remain that affect existing crossings . and that were originally created to exist in perpetuity. However, under state law, cities do not have the authority to grant franchises in perpetuity, and they are therefore void at least as to their term. As a result. we are requesting that this committee authorize the Public Works Department and City Attorney's Office to begin discussions with the affected railroad companies to enter into new franchise agreements that will either amend or repeal the franchise ordinances that are purportedly controlling these crossings. Those ordinance numbers are: Ordinance No. 179 granted to Chicago, Milwaukee & St. Paul Railroad Company Ordinance No. 893 granted to Northern Pacific Railway Company Ordinance No.2054 granted to Burlington Nor-them Railroad Ordinance No. 893 affects multiple crossings, some of which also no longer exist. Finally, we are requesting authority to offer new franchises relating to various crossings that were subject to previous franchises established for a limited term of years. These franchises have expired and are now void because their term has run out and they have not been amended or renewed. These expired franchises are as follows: Ordinance No. 1491 granted to Union Pacific Railroad Ordinance No. 1497 granted to Northern Pacific Railway Company Ordinance No. 2209 granted to Union Pacific Railroad ' Ordinance No. 2211 granted to Burlington Northern Railroad Ordinance No. 2222 granted to Burlington Northern Railroad Ordinance No. 2309 granted to Union Pacific Railroad With your approval, we will undertake the necessary efforts to begin the process to repeal. amend, and enter into the various franchises referenced above. P LAWTILES\0L77�pwmmm.mcmdoc • 7 i DEPARTMENT OF PUBLIC WORKS May 29, 1998 TO: Public Works Committee FROM: Don Wickstrom-� RE: Agreement with Western Processing Trust (Boeing) The 196" Street Corridor Middle Leg from (West Valley Highway to East Valley Highway) extends across the Western Processing superfund site (see attached map). Cleanup of this superfund site is overseen by the Environmental Protection Agency and falls within their jurisdiction via a U.S. District Court consent decree. Cleanup has been progressing over the last decade. Presently the trustees or the principle responsible parties (PRP's) are preparing final plans to construct the site cap which consists of polyliners and soil material similar to capping the Kent Highlands landfill. Capping the site is a fairly extensive process and requires approval from the Environmental Protection Agency and the Department of Ecology. Because of the federal mandated status of the superfund site, once the cap is in place it should not be disturbed. The 1961" Street Corridor includes a 1,000 foot long bridge that will cross over both the Union Pacific railroad tracks and the Burlington Northern railroad tracks. The west approach to this bridge would include a fill over the Western Processing site. Construction of this fill must coincide with construction of the superfund site cap by the Western Processing trustees. If the construction of the embankment is not done concurrent with the site cap, the City would undoubtedly incur additional expense and delay, and could not proceed without a separate approval from the Environmental Protection Agency. Staff and the trustees, as well as the Environmental Protection Agency and the Department of Ecology have coordinated on this issue for the last several years. The Trust has agreed to construct the embankment, and a culvert crossing over Mill Creek as part of their remediation work on the site. This is necessary to avoid having two or more Contractors in the same area simultaneously, which becomes problematic. In addition, the City or the City's Contractors are not allowed within the legal boundaries of the superfund site, unless allowed by the Environmental Protection Agency. In past discussions with the EPA, they have made it clear that we cannot interfere with the site cleanup work by the Trust or the Trust's Contractor. Therefore it is necessary to utilize one Contractor to do this work. To accomplish this work the City will need to sign a contract with the Trust to install the embankment and culvert for the City within the superfund site. Because the Trust wants to begin this work in early July, we are here seeking the Committee's concurrence therewith along with authorization for the Mayor to sign the Agreement once it is developed. Our intent is, upon Committee's concurrence this item will be placed on the June 16`h Council agenda for formal action. Prior to said Council meeting, at the June 15`" Public Works/Planning Committee meeting, we hope to present the actual Agreement for the Committee's concurrence. MOTION: Authorize the Mayor to sign the Agreement with Trust for certain 196" Street Corridor improvements subject to concurrence with the terms and conditions thereof by the Public Works Director and City Attorney. \oo n > r u _ b o �^ m 67H AVCNUC S. I O /q ti I � � I p b N b I - WAY � I N A ° S. A CD 0 1 - ]]NC ANENUC S. .. - 1 »VAIN 1C 0c `OCm7 _ N I II C J� 77TH AVENUE S. I Y _ K m Of N n - m Ni Q <O N K I rn _ N n 18t5T AYENUC S. > O aII`J i I a m C � � 7 > m � I