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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - FIRST READING ORDINANCE NO. 046, 2011, AMENDING OR DATE: April 19, 2011 STAFF: Helen Migchelbrink _ Erika Keeton First Reading Ordinance No.046,2011,Amending Ordinance No.019, 1877 of the City of Fort Collins Granting Right- of-Way to the Colorado Central Railroad Company. EXECUTIVE SUMMARY The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit(BRT) operations along the Mason Corridor, requires an Amendment to Ordinance No. 019, 1877. The original Ordinance permits the Colorado Central Railroad Company (now BNSF) to build, construct, and operate a railroad in and through the town of Fort Collins through and along Mason Street from Laurel Street to Vine Drive. This Amendment defines the width of the right-of- way(currently undefined)at eighteen feet between 180 feet north of Laurel Street and Vine Drive.The width of right-of- way is reduced to fourteen feet between Laurel Street and 180 feet north of Laurel Street, to accommodate a southbound left turn lane.The City will also periodically close the southbound left turn lane between Laurel Street and 180 feet north of Laurel Street to vehicular traffic at City expense in order to allow BNSF to use mechanized equipment to maintain the track in the future. BACKGROUND / DISCUSSION The Mason Express (MAX) Bus Rapid Transit (BRT) Project is a five mile infrastructure project that includes the construction of a concrete bus guideway (special purpose road), park and ride parking lots, bus stations and stops. The north/south route is located parallel to the Burlington Northern Santa Fe(BNSF) railroad west of College Avenue, between the planned new Transfort South Transit Center,south of Harmony Road,and the Downtown Transit Center, located on Mason Street at Maple Street. The $82 million dollar project is largely funded by the Federal Transit Authority, and will provide BRT service at ten minute intervals. The project requires acquisition of a substantial easement from the BNSF for use of the railroad right-of-way(ROW)for nearly three miles of the five mile route. The use of the railroad right-of-way for BRT operations necessitated the completion of a Construction and Maintenance Agreement between the City of Fort Collins and BNSF. This Agreement was executed on March 22, 2011. The Agreement requires an amendment to Ordinance No. 019, 1877, which currently permits the Colorado Central Railroad Company (now BNSF) to build, construct and operate in and through the town of Fort Collins on Mason Street between Laurel Street and Vine Drive. This amendment simply defines the width of the City right-of-way on Mason Street that can be used by BNSF, as no specific width is identified in the original ordinance. This right-of-way will be eighteen feet wide between 180 feet north of Laurel Street and Vine Drive, and fourteen feet wide between Laurel Street and 180 feet north of Laurel Street to accommodate a southbound left turn lane. The City will be obligated to periodically close the southbound left turn lane between Laurel Street and 180 feet north of Laurel Street to vehicular traffic at City expense in order to allow BNSF to use mechanized equipment to maintain the track in the future. It is expected these maintenance operations will occur infrequently, approximately once every ten years. If the amendment to Ordinance No. 019, 1877, is not enacted by May 31, 2011, the BNSF may terminate the Construction and Maintenance Agreement with the City, thereby prohibiting the construction of the BRT project. In addition, if after May 31, 2011, the Amendment to Ordinance No. 019, 1877, is repealed or is ineffective for any reason, and the City fails to enact a replacement ordinance satisfactory to BNSF within 45 days, the City must immediately cease and suspend all operations on the BRT guideway until the effectiveness of the Ordinance is restored. April 19, 2011 -2- ITEM 15 FINANCIAL/ ECONOMIC IMPACTS As the railroad currently operates within the City right-of-way on Mason Street, there is no substantial anticipated economic impact of this modification. Additional traffic control costs will periodically be incurred by the City during BNSF maintenance operations in the 180 feet north of Laurel at a cost of approximately$250 per day. As the tracks will be replaced in 2012 at BNSF's expense, it is expected that these maintenance activities are likely to occur only once every ten years, and therefore are minimal compared to the long term benefit of a left turn lane at this location. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 046, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO . 01 % 1877 OF THE CITY OF FORT COLLINS GRANTING RIGHT-OF-WAY TO THE COLORADO CENTRAL RAILROAD COMPANY WHEREAS , on June 28 , 1877 , the Board of Trustees of the City enacted Ordinance No. 019, 1877 granting a right-of-way to the Colorado Central Railroad Company for the purpose of laying track for railroad purposes through Mason Street from the south line of the City to the north line of the City (the " Mason Street Railroad ROW") ; WHEREAS , Ordinance No . 019, 1877 does not define the width of the Mason Street Railroad ROW; and WHEREAS , the BNSF Railway Company ("BNSF"), as the successor in interest to the Colorado Central Railroad Company, is the current owner of the Mason Street Railroad ROW; and WHEREAS , the BNSF currently operates on a single set of railroad tracks within the Mason Street Railroad ROW; and WHEREAS , the construction of the Mason Corridor Bus Rapid Transit (`BRT") Project (the "Project") is scheduled to begin in 2011 ; and WHEREAS , the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road (the site of the new South Transit Center) ; and WHEREAS , the Project will include a 24-foot wide guideway for buses with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements ; and WHEREAS , the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS , a significant part of the Project will be constructed on property owned by the BNSF and an easement from BNSF is a critical property acquisition for the Project; and WHEREAS , on March 22, 2011 , the City entered into a Construction and Maintenance Agreement ("C&M Agreement") with BNSF ; and WHEREAS , the C&M Agreement includes, among other things, the conveyance by BNSF of easement interests for the construction and operation of the Project; and WHEREAS , the C&M Agreement also provides that BNSF will construct certain improvements to its facilities located in the Mason Street Railroad ROW and in connection with the construction and use of these improvements, BNSF and the City wish to define the width of the Mason Street Railroad ROW and to make other changes to Ordinance No . 19 , 1877 to better reflect BNSF ' s current use of the Mason Street Railroad ROW; and WHEREAS , in order to define the width of the Mason Street Railroad ROW, the C&M Agreement requires that the City amend Ordinance No. 019, 1877 to provide a right-of way width of eighteen feet for the entire length of the Mason Street Railroad ROW except for that portion of the Mason Street Railroad ROW that exists between Laurel Street and 180 feet north of Laurel Street, over which the right-of-way width shall be fourteen feet to accommodate a turn lane ; and WHEREAS , following completion of the railroad improvements, a metes and bounds legal description that more specifically defines the Mason Street Railroad ROW can be prepared. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Ordinance No . 01 % 1877 of the City of Fort Collins is hereby amended to read as follows : Sec . 1 . The right of way is hereby granted to the Colorado Central Railroad Company, its successors in interest and assigns , to build, construct, and operate in and through the Town of Fort Collins a track or tracks for railroad purposes as follows : Commencing where a prolongation of Mason Street across Laurel Street intersects the same, thence north through and along said Mason Street and through over and across Laurel, Myrtle, Mulberry, Magnolia, Olive and Oak Streets, Mountain Avenue, LaPorte Avenue, Maple Street, and Cherry Street, 3y CaTTIOT C Street Elm Street, and Vine Street to the north line of said Tovm, at any and all points where said streets and avenues intersect or cross said Mason Street, with the privilege of laying one or more tracks along said right of way. The width of the right-of-way granted herein is defined as a total of eighteen ( 18) feet between one hundred eighty ( 180) feet north of Laurel Street to Vine Drive, and fourteen ( 14) feet between Laurel Street to one hundred eighty ( 180) feet north of Laurel Street to accommodate a turn lane. As soon as is practicable after completion of the railroad improvements constructed on the right-of-way in connection with Article II, Section B of the Construction and Maintenance Agreement entered into by and between the BNSF Railway Company and the City of Fort Collins dated March 22 , 2011 , the City Manager is authorized to enter into an agreement with the BNSF Railway Company providing for the creation and recordation of a metes and bounds legal description to more particularly describe the right of way granted herein. Af so the right of way through, over, and a-vermes in said Tc)vm of Fort eottins to wits Ea Porte Avetme, Maple Stree the privilege of laying one or more switches on side tracks through, over, across, and along said streets and avenues . Afso the right of W i across Meldrum and Sherwood Streets betvveen Maple and eherry Streets . To have and to hold the same in the said Colorado Central Railroad Company its successors and assigns forever. -2- Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D . 2011 , and to be presented for final passage on the 3rd day of May, A.D . 2011 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of May, A . D . 2011 . Mayor ATTEST : City Clerk - 3 -