HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2011 - SECOND READING ORDINANCE NO. 046, 2011, AMENDING O DATE: May 3, 2011
STAFF: Helen Migchelbrink AGENDA ITEM SUMMARY
Erika Keeton
T COLLINS CITY COUNCIL
Second 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 Ordinance, unanimously adopted on First
Reading on April 19, 2011, 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-April 19, 2011
(w/o attachments)
ATTACHMENT
DATE: April 19, 2011 AGENDA ITEM SUMMARY
STAFF: Helen Migchelbrink FORT COLLINS CITY COUNCIL
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 �-� //r ��. � /7
The recently executed Construction and Maintenance Agreement-with h�/Burlington Northern Santa Fe (BNSF)
Railroad allowing the City's use of thelrailroadrright-of-way for',Bus Rapid transit(BRT)operations along the Mason
Corridor, requires an Amendment to Ordinance No41087'75. 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 / DISCUSSIONS
V
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�onstruct and operate in and through the town of Fort Collins on
Mason Street between Laurel Streettand Vine Dave. 11 I, V/
This amendment simply defines the l dth.ot the uty-right-oflway on Mason Street that can be used by BNSF, as no
specific width is identified in the original ordinance. TFis 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-,7is repealed or is ineffective for any
reason, and the City fails to enact a/replacement ordinance satisfactory tofBNSF within 45 days, the City must
immediately cease and suspend all operations' on. , the BRTIgu_way 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 C(Lance o�First R\din
�lg
`D �
COPY
COPY
COPY
ORDINANCE NO. 046, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 0 19, 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.019, 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 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, at any and all points
where said streets and avenues intersect or cross said Mason Street,with the privilege
of laying track 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. To have and to hold the same in the said
Colorado Central Railroad Company its successors and assigns forever.
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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.
DO
a or
Y
ATTEST:
OR
City Clerk
Passed and adopted on final reading on the 3rd day of May, A.D. 2011.
Mayor
ATTEST:
City Clerk
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