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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/19/2011 - FIRST READING OF ORDINANCE NO. 047, 2011, AMENDING DATE: April 19, 2011 STAFF: Helen Migchelbrink Erika Keeton First Reading of Ordinance No. 047, 2011,Amending Sections 22-43 and 28-42 of the City Code Relating to Paving and Maintenance of Streets, and Particularly as Affected by the Mason Express Bus Rapid Transit Project. 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 City Code Sections 22-43 and 28-42. These City Code sections currently require railway companies to pave and maintain that part of the street between the rails and two feet outside each rail,as well as keep the rails on a level surface with the adjacent street. This amendment modifies these Code Sections to allow the BNSF railroad to, at its expense, maintain open ballast track protected by curb islands from Laurel Street to Vine Drive. Intersections in this length of Mason Street are excluded and will stay in their current configuration to allow for turning traffic,where appropriate. Once the project is complete,the track section confined by the islands will not carry automobile traffic. Therefore it will not be necessary for pavement to be maintained between the rails, or for the rail elevation to match the roadway elevation. 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 a Construction and Maintenance Agreement between the City of Fort Collins and BNSF. This agreement was executed on March 22, 2011. The Agreement requires that City Code Sections 22-43 and 28-42 be amended. These City Code sections currently require railway companies to pave and maintain the part of the street between the rails and two feet outside each rail,as well as keep the rails on a level surface with the adjacent street. This amendment modifies the Code Sections to allow the BNSF railroad to,at its expense, maintain open ballast track protected by curb islands from Laurel Street to Vine Drive. Intersections in this length of Mason Street are excluded and will stay in their current configuration to allow for turning traffic where appropriate. Once the project is complete, the track section confined by the islands will not carry automobile traffic. Therefore it will not be necessary for pavement to be maintained between the rails, or for the rail elevation to match the roadway elevation in these locations. If the amendment to City Code Sections 22-43 and 28-42 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 City Code Sections 22-43 and 28-42, is repealed or 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 16 ENVIRONMENTAL IMPACTS Staff believes there will be no adverse environmental impact as a result of modifying these Code sections. An underground storm drainage system will be installed in the open ballast section to carry water away from the tracks, rather than surface drain as current conditions are today. All repair, maintenance,construction,or other development activities initiated by the railroad within the City-regulatory 100-year floodway and flood fringe must satisfy the requirements of Chapter 10 of the City Code, titled Flood Prevention and Protection. All development activities, as defined in Section 10-16, must be preceded by an approved floodplain use permit within the flood fringe, and by a floodplain use permit and no-rise certification within the floodway, prior to mobilization. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Rendering of Mountain and Mason Intersection RenderingATTACHMENT 1 of • untain and Mason Intersection �. - City of Mountain Stop Southbound PlatformCollins ORDINANCE NO. 047, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 22-43 AND 28-42 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO PAVING AND MAINTENANCE OF STREETS , AND PARTICULARLY AS AFFECTED BY THE MASON EXPRESS BUS RAPID TRANSIT PROJECT WHEREAS , the Mason Express Bus Rapid Transit Project (the "Project") is a five mile infrastructure project that includes the construction of a concrete bus guideway, park-and-ride parking lots, bus stations and stops located parallel to the Burlington Northern Santa Fe (`BNSF") railroad tracks between the newly planned Transfort South Transit Center and the Downtown Transit Center; and WHEREAS , the Project, largely funded by the Federal Transit Authority, will cost approximately $82 million and will provide bus rapid transit service at ten minute intervals along the way; and WHEREAS , the Project requires the acquisition of an easement from BNSF for use of the BNSF right-of-way for nearly three miles of the five mile route; and WHEREAS , in connection with the City ' s obtaining the right to use the BNSF right-of-way for the Project purposes, BNSF has entered into a construction and maintenance agreement with the City which requires that the City amend Sections 22-43 and 28 -42 of the City Code, which sections require railway companies to pave and maintain the part of the street between the rails and two feet outside of the rails, and also to keep the rails on a level surface with the adjacent street; and WHEREAS , in order to obtain the necessary easement from BNSF to use its right-of-way for Project purposes, the City has agreed that from Laurel Street to Vine Drive, the BNSF tracks will be confined by an island in Mason Street and not covered with pavement except at intersections ; and WHEREAS , the City Council has determined that it is in the best interests of the City that Sections 22-43 and 28-42 of the City Code be amended to exempt the BNSF track along Mason Street from Laurel Street to Vine Drive from the requirement of paving over the track except at intersections so that the track will be "open ballast" between intersections along the distance from Laurel Street to Vine Drive. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 22-42 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (c) which reads in its entirety as follows : Sec. 22 -43 . Responsibility of railway companies to pave. (c) The provisions of this Section 22-43 shall not apply to that portion of the Burlington Northern Santa Fe track along Mason Street where such track is located between intersections, from Laurel Street to Vine Drive. Section 2 . That Section 28-42 of the Code of the City of Fort Collins is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows : Sec. 28-42 . Paving and maintenance of streets occupied or crossed by tracks. (f) The provisions of this Section 28-42 shall not apply to that portion of the Burlington Northern Santa Fe track along Mason Street where such track is located between intersections, from Laurel Street to Vine Drive. 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