City Council Agenda and Packet 2018 09 17

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City Council Meeting Minutes September 4, 2018 Page 13 of 14 Randy Caranci, 441 Elk Trail, Lafayette, owner of 540 Front Street, stated he currently has a lease at 500 Front for 22 feet from center of the tracks, 25 would put a jog in the fence of three feet from 540 to 544 Front. The 22 feet helps as people use that area for access. 18 feet would be optimal as that is what is on the north side of Pine Street and allows for parking. If the fence is completed at 22 or 25 feet it will be done and won't be able to ever change it. He wants to be sure he is treated fairly, need to get extra footage for parking. He said he does not remember getting notice. Councilmember Stolzmann stated this is a priority and we funded Dillon at $400K and it is now $632K. She proposed funding the Dillon increase from CIP and asking Lafayette to fund increases at Baseline, and to ask the Revitalization Commission to help fund the projects. Councilmember Maloney stated we are committed to all of the crossings. We made a commitment let's find a way to fund the quiet zones. Mayor Muckle agreed; this is a high priority and has been for a long time. Councilmember Stolzmann stated parking is important for downtown. She asked if there is any way to get BNSF to go to the 18 feet, it worked on the north side, it should work on the south. If 18 feet can't work find a way to increase parking in that area equal to what we are losing to counterbalance the loss. City Manager Balser stated it took a long time to get to where we are working with BNSF. We can continue to discuss fencing but it may delay implementation of the quiet zones. Councilmember Stolzmann asked why 18 feet is allowed on the north side of Pine Street but not south of Pine Street. She asked why BNSF is holding up the two crossings that are nowhere near where the fence issue is. Director Kowar stated 25 feet is their standard, 22 is what we are holding at. If we feel strongly about the 18 feet we can push that, but we may have to accept 22 to get the quiet zones in all at the same time. Mayor Pro Tem Lipton stated he is confused about the ownership of the land. Does BNSF own this land or is it private or City? Director Kowar said it is BNSF right-of-way. Mayor Pro Tem Lipton asked what incentive they have to give up anything. We don't have much leverage. Director Kowar agreed, the City is trying to be a facilitator for this. Mayor Pro Tem Lipton asked if we have setbacks in the Code about how far away from the fence parking is allowed. Director Kowar noted it still would be BNSF right of way, our code would allow parking right up to the fence. 51