City Council Agenda and Packet 2015 05 19

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City Council Meeting Minutes May 5, 2015 Page 10 of 33 MOTION: Mayor Pro Tem Dalton moved to approve Ordinance No. 1685, Series 2015, seconded by Mayor Muckle. Mayor Muckle noted with the limitations mentioned this franchise will meet the cable needs of the community who choose to use Comcast. VOTE: Roll call vote was taken. The motion carried by a vote of 6 -0. Council member Leh recused. ORDINANCE No. 1686, SERIES 2015 MOTION: Mayor Muckle moved to approve Ordinance No. 1686, Series 2015, seconded by Mayor Pro Tem Dalton. Roll call vote was taken. The motion carried by a vote of 6 -0. Council member Leh recused. LETTER OF AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND COMCAST MOTION: Mayor Pro Tem Dalton moved to approve the Letter of Agreement between the City of Louisville and Comcast and authorize the Mayor's signature, seconded by Council member Keany. All were in favor. Council member Leh recused. RESOLUTION No. 26, SERIES 2015 — A RESOLUTION APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH BNSF RAILWAY COMPANY FOR THE SOUTH STREET PEDESTRIAN /BIKE UNDERPASS Mayor Muckle requested a staff presentation. City Manager Fleming explained the City selected Atkins North American, Inc. ( "Atkins ") in 2013 to design the underpass to connect the west side of Louisville to the east side of the railroad tracks. Atkins developed a conceptual design, which was approved by Council in 2013. 60% of the design plans were submitted to the BNSF Railroad in January of 2014. The City anticipated a response in a few months, but 18 months later the BNSF Railroad responded with the proposed contract which provides construction and maintenance agreement for the underpass. The agreement contains a number of different components, including an easement for the recreation trail and pedestrian bike underpass; a permanent easement for the recreational trail and underpass and an undefined term lease for parking within the BNSF right -of -way (north and south of the underpass and several hundred feet south of Pine Street). Staff is still negotiating with the railroad the exact areas to be covered by the parking agreement. In order to move this project forward, staff asked Council to consider and approve the agreement with the provision the Mayor and City Manager would have the ability to negotiate additional details as long as they do not alter the substantial form of the agreement approved by Council. Staff worked with several railroad representatives over the past several weeks. One of the elements is a cost agreement for the bridge structure, which would be paid for by 41