CITY COUNCIL STUDY SESSION MEMORANDUM

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City and County of Broomfield, Colorado CITY COUNCIL STUDY SESSION MEMORANDUM To: From: Prepared By: Mayor and City Council George Di Ciero, City and County Manager Debra Baskett, Transportation Manager Kevin Standbridge, Assistant City and County Manager for Community Development Meeting Date Agenda Item # March 31, 2009 2 Agenda Title FasTracks and US 36 Environmental Impact Study Updates Summary FasTracks RTD advises there is a $2.2 billion gap in what can be funded in the FasTracks project and certain projects that were planned for the north metro area will not be possible without extending the FasTracks completion schedule beyond 2017, or without new revenue sources as currently proposed by RTD. These projects are Phase 2 of the Bus Rapid Transit from Denver to Boulder which includes extension of existing HOT lanes as managed lanes from Pecos to Foothills Parkway and the Northwest Rail. RTD also advises that Phase 1 of the Bus Rapid Transit, which is bus rapid transit from downtown Denver to Boulder, is still possible with RTD s current funding. Funding that was approved in 2004 for the FasTracks project included about 17% for the north metro area, or about $799 million. RTD s current proposal is to use much of those funds for other projects and to help secure a federal grant in the amount of approximately $1 billion for other FasTrack projects. Entities in the Northwest Corridor have significant concerns about RTD s current proposal and want to keep the 17% of the 2004 funding. The Northwest Corridor, represented by Mayor Quinn, has requested that RTD not proceed with the current program until after an RTD election for increased revenues, the position being that all of the corridors should share the risk of no additional RTD revenues. RTD s initial response has been not to do so, apparently for fear of losing the federal grant. Mayor Quinn would like an opportunity to brief the Council on this matter and to request policy direction from the Council. U.S. 36 Environmental Impact Statement (DEIS) The US 36 Draft Environmental Impact Statement (DEIS) is nearing completion after a process that began in 2003. A recommended alternative has been developed from the work that preceded it though the Draft EIS process. Based on comments received, a preferred alternative has been developed that includes one buffer separated managed lane in each direction and other investments described in the body of this memo. Corridor wide public meetings will be held in April to solicit feed back on the alternatives. The Northwest Rail Environmental Evaluation (EE) is moving forward on a parallel path to the EIS. Release of a Draft EE is scheduled for this summer, followed by a public comment period. RTD has completed the inventory of rail crossings along the corridor which will be used to identify infrastructure upgrades required to implement Quiet Zones. Council s review and comments regarding the proposed preferred US 36 alternative will be appreciated. Prior Council Action A study session in September 2006 provided an update on the status of the Draft US 36 EIS. In September 2007, Council provided written comment on the Draft EIS submitted to the Federal Highway Administration. In February 2008, a study session provided further information on the progress of the Final EIS. In September 2008 Council received a Special Report on FasTracks. Financial Considerations RTD election for.4% sales tax increase. The US 36 Preferred Alternative which is under consideration reduces the cost from previous alternatives and may be implemented in phases for which funding can be identified and committed. Alternatives Proposed Actions/Recommendations Council s review and policy direction regarding RTD s FasTracks project; and Council s comments regarding the draft US 36 Environmental Impact Statement.

Page 2 Information Overall FasTracks Project FASTRACKS UPDATE FasTracks is RTD's 12-year comprehensive plan to build and operate high-speed rail lines and expand and improve bus service and park-n-rides throughout the region. FasTracks includes: 122 miles of new light rail and commuter rail 18 miles of bus rapid transit service 57 new transit stations 21,213 additional parking spaces at transit park-n-rides Enhanced bus service and FastConnects throughout the region The map below shows the planned overall project. Attachment 1 is RTD information regarding the overall FasTracks project.

Page 3 Current Situation RTD advises that it is struggling to deliver FasTracks as originally promised to voters in 2004 due to decreases in revenue and increasing costs of material, labor and right-of-way escalation. RTD has estimated that $6.9 billion is needed to complete FasTracks by 2017 and that only $4.7 billion in revenue will be available by 2017. Although materials costs have come down in recent months, RTD s estimate is there is still a $2.2 billion gap between the two. The following map shows the FasTrack projects affected by reduced funding or substantial delays.

Page 4 The following chart prepared by RTD shows the projections. The current shortfall results, in part, from sales tax revenue that is down 31% from 2004 projections, and project costs that are up by 47% from 2004. Please see Attachment 3 for additional information prepared by RTD. Options Explored by RTD RTD explored several options to address this gap through public meetings and contact with stakeholder groups. The options considered include: 1. Build FasTracks corridors to budget and schedule by reducing the scope. 2. Maintain original scope, extend schedule for completion. 3. Build what can be afforded by 2017 with incremental capital improvements and operations and build the rest over an extended schedule as revenues allow. 4. Maintain original scope and schedule and seek additional revenue sources.

Page 5 FasTracks Options and Broomfield Phase 1 US 36 Bus Rapid Transit (BRT), Phase 2 BRT, Extension of HOT Lanes, and Northwest Rail Both BRT and rail are anticipated to support the short and long term needs of the US 36 Corridor. BRT is anticipated to begin to serve the Broomfield Event Center by the spring of 2010. It is further anticipated that the Northwest Rail will support development of Broomfield s existing and future development at the FlatIron Park n Ride and Original Broomfield at 116 th. Phase 1 BRT Improvements Under all options, Phase I improvements for US 36 Bus Rapid Transit (BRT) can be completed, including improvements serving the Broomfield Event Center (pedestrian bridge and bus only pull outs) by spring 2010. The BRT is shown on the following map. The US 36 Corridor will bring 18 miles of Bus Rapid Transit service between Downtown Denver and Boulder along US 36. The FasTracks program includes funding for slip ramps and access improvements to park n rides along the corridor. In addition, FasTracks funds ($214 million) have been dedicated to future transitrelated improvements to US 36. The US 36 Corridor began as a twopronged corridor: the BRT and the Commuter rail line from Denver through Boulder to Longmont. The rail and BRT corridors slit into two separate projects in 2006 and are now known as the Northwest Rail Corridor and the US 36 BRT Corridor. The Draft Environmental Impact Statement for US 36 began in 2003 and was completed in 2007. The Final Environmental Impact Statement is scheduled to be completed in 2009. Phase 1 improvements, which include the slip ramps and some park-n-ride improvements, were projected to open in 2009. Phase 2 Final Design was scheduled to begin in 2010.

Page 6 Phase 2 BRT Improvements and the Northwest Rail Phase II BRT (extension of existing HOT lanes as managed lanes from Pecos to Foothills Parkway) and the Northwest Rail are not feasible without extending the FasTracks completion schedule beyond 2017, or without new revenue sources as currently proposed by RTD an increase in RTD s sales tax. The following map shows the Northwest Rail. The Northwest Rail project is a proposed 41-mile high-capacity, fixed-guideway transit corridor from Denver Union Station to Longmont, passing through North Denver, Adams County, Westminster, Broomfield, Louisville, and Boulder. As part of the voter-approved FasTracks program, the Northwest Rail environmental evaluation will identify the best way to provide high-quality, reliable transit service to the area while improving travel times and enhancing access to jobs, recreation and entertainment. The environmental study is the next step towards constructing the project, which secured funding through the passage of FasTracks by voters in November 2004. The effort will incorporate the analysis of the rail corridor from Denver to Boulder (which was developed in the first phase of the US 36 Environmental Impact Statement) and from Boulder to Longmont (which was developed in the Longmont Diagonal Rail Feasibility Study and Environmental Evaluation).

Page 7 Shared Portions of FasTracks That Could Be Completed There are portions of FasTracks that are shared across multiple corridors that would be completed with the available funding, along with the East Corridor (from Denver to the Airport) and Gold Line (from Denver to Arvada). The shared improvements include improvements to Denver Union Station, light rail and commuter rail maintenance facilities, and portions of the track that are needed by multiple corridors. No RTD Guarantee for BRT Phase II, Northwest Rail, or North Metro Rail The current RTD proposal does not guarantee that the Phase II BRT, Northwest Rail, or the North Metro Rail can be constructed with existing revenue sources. Metro Mayors Caucus FasTracks Task Force The Metro Mayors Caucus (MMC) FasTracks Task Force was created to provide guidance to the RTD Board. Mayor Quinn has served as the representative for the Northwest Corridor on this task force. Work has been completed and recommendations have been developed for the RTD Board. The draft recommendations regarding the FasTracks funding shortfall include: 1. The entire system should be built out, as promised in 2004; 2. Build out should be complete by 2017; 3. Any new revenues should have a sunset provision; and 4. RTD should go to the ballot in 2009 for a.4% sales tax increase to take effect in 2011. 5. All corridors should have something at risk dependent on the election. If Sales Tax Is Not Increased If the sales tax election does not result in a sales tax increase, RTD advises that it will not have the funding to build all corridors as originally planned and there will be substantial delays in building all of the corridors. A critical issue is to assure that each corridor gets a fair share of any revenues and is held harmless from the needs of other corridors. Possible Funding from the Federal Transit Administration and Public/Private Partnerships RTD is seeking funding from the Federal Transit Administration (FTA) and public/private partnership agreements that provide a total of $2.3 billion to construct the East Corridor and Gold Line. These corridors meet the cost/benefit ratio of the FTA for funding. The Northwest Rail does not meet these criteria, nor does the North Metro Corridor. In order to receive federal funding RTD must provide matching funds which they plan to obtain from the public/private partnership. RTD matching funds would come from revenue from the

Page 8 sales tax RTD collects today, to make long term lease payments to the private contractor. This leaves the other corridors including US 36, Northwest Rail and the North Metro Rail without sufficient funding for completion without a tax increase. Have Not Corridors Request of RTD, RTD s Initial Response, and Next Steps The corridors that are not substantially included in RTD s current program, referred to as the have not corridors, have requested that RTD wait to approve the commitments to the public private partnership until after a vote. If the vote does not pass, the have not corridors believe all corridors should share the pain of the funding gap. At this time RTD s initial response is it is not willing to delay the public private partnership agreements until an after an election because of fear of losing the federal funds for the project. If the have not corridors are not included in RTD s current program and if voters do not approve a sales tax increase for RTD, then future projects for the have not corridors may be extensively delayed or may possibly never occur. Have Not Corridors Position What the have not corridors want is 17% of the funding that was approved in 2004. This amounts to $799 million. If, for some, reason actual revenues prove to be less, then the have not corridors still want 17% of the amount. 2004 Funding $ 4,700,000,000 Northwest Cooridor's Percentage 17% Northwest Corridor's Share $ 799,000,000 Mayor Quinn s Letter to RTD Mayor Quinn, on behalf of the Northwest Corridor, sent a letter to RTD that stated, I am asking that the entire Metropolitan Mayors Caucus (MMC) approach our congressional delegation, the President and the Secretary of Transportation to see if there is a way to first delay the implementation of the Eagle Partnership to after a 2009 election on an increase in the sales tax for FasTracks and to see if there is a way to restructure the FTA funding so it can be made available system wide and not be corridor specific which has created the dilemma all of us face. A copy of Mayor Quinn s letter to the RTD is Attachment 3. Next Steps As the next steps, the MMC is preparing its final recommendations to RTD. Council Discussion Council is requested to provide feedback on the proposed recommendations to build out FasTracks.

Page 9 Current Focus US 36 ENVIRONMENTAL IMPACT STATEMENT (EIS) UPDATE The current focus of the US 36 EIS is to incorporate public comments on the recommended alternative for the Final EIS and the first phase of construction. The preferred alternative is a combination of the elements from the options prepared during the Draft EIS process. The Combined Alternative addresses the purpose and need of the project while seeking to minimize impacts and costs. The Combined Alternative as described below is supported by local jurisdictions, CDOT, and RTD, as well as the Federal agencies. Major Elements Major elements include: Replacement and reconstruction of interchanges and bridges including Wadsworth and the Old Wadsworth/112 th Avenue Bridge, Sheridan, Church Ranch, McCaslin and Table Mesa. One buffer separated managed lane (HOT lane) in each direction from the terminus of the existing lane to Foothills Parkway. A buffer separated lane uses striping rather than a concrete barrier. It would permit vehicles to access the lane between each existing interchange. The use of the lane would be allowed under a policy similar to the operating agreement for the I-25 HOT lanes, prioritizing buses and high occupancy vehicles with the remaining capacity available for purchase by single occupancy vehicles. Auxiliary Lanes between, but not through, interchanges (similar to the lanes between the Wadsworth Interchange and East Flatiron Crossing Drive) west to McCaslin. This project defines an auxiliary lane as starting with an on-ramp at one interchange and ending with an off-ramp at the next interchange. They do not continue as through lanes under an interchange bridge. Under this alternative, there is no change to the number of General Purpose lanes that exist today between I-25 and Foothills Parkway. One exception is the addition of one new lane eastbound from Sheridan to I-25. There is already a lane in the west bound direction. Side loading bus ramps with pedestrian bridges and parking on both sides of the highway. Side loading platforms with queue jumps are proposed throughout the corridor to create an enhanced bus operating plan. Queue jumps are bypass lanes provided when a bus exits the highway to pick up and drop off passengers and then pass back through an intersection in the same waiting line as cars. The queue jumps function much like a gold card line at airline check-in, allowing the bus priority. Four queue jumps will be funded though economic stimulus funding in the amount of $7.5M. Proposed locations include the FlatIron park n Ride at 96 th Street. A bikeway is recommended from Foothills Parkway to Westminster that is incrementally constructed as portions of the highway and interchanges are reconstructed. Through Broomfield, the bikeway is proposed on the south side of the highway, connecting to existing infrastructure through FlatIron Crossing, serving Interlocken and Arista.

Page 10 The following layouts depict the Preferred Alternative:

Page 11 Next Steps Next steps include public hearings on the Preferred Alternative in April. The Final EIS is scheduled for completion in late summer 2009, follow by a Record of Decision that allows initial phases of construction to proceed. Council Discussion Council s comments regarding the proposed Preferred Alternative under consideration will be appreciated. Staff will submit Council s comments to CDOT, the consultants, and other entities.