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Council accepts $40,000 in lieu of immediate railroad crossing work for AVA Hotel; UPRR timing cited

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Summary

The council amended AVA Hotel's conditions to allow a $40,000 payment to the city's capital improvement fund for future downtown pedestrian improvements instead of immediate railroad crossing construction tied to project approvals, citing Union Pacific Railroad's uncertain relocation timeline.

The City Council unanimously approved an amendment to the AVA Hotel (PD 17-006) conditions of approval on Tuesday, accepting a $40,000 payment to the city's capital improvement program in lieu of immediate pedestrian and railroad-crossing improvements at Tenth Street.

Leslie Fraser, the city engineer, explained the constraint: Union Pacific Railroad (UPRR) could relocate a signal pole near the proposed crossing but has not decided whether it will do so. Fraser said, “the problem is is that Hotel AVA can't construct the crossing right now because they don't know where the pole is located,” and that UPRR's upgrade work is scheduled to start farther north in 2026 with the Tenth Street location likely not reached until 2027; UPRR's permitting alone can take up to two years. Fraser told the council this sequence could push actual pedestrian crossing construction to 2029 if the city waited for railroad work to finish.

Given that timing uncertainty, staff recommended and the council approved a revised condition that removes the requirement for the developer to complete the railroad-crossing improvements now and instead requires a one-time $40,000 payment to the city's CIP fund earmarked for downtown pedestrian improvements.

Council member Tim Gregory made the motion; Carlton Strong seconded. The roll-call vote was unanimous: Gregory, Strong, Chris Bausch, Chris Beal and Mayor John Hammond voted yes.

During public comment, a resident urged the city to press the railroad to speed safety upgrades, calling crossings “not safe” for pedestrians. The council thanked the applicants and noted the amended condition preserves city control over when and how crossing or other downtown pedestrian projects proceed.

The $40,000 payment will be held in the city's capital improvement program and used for future pedestrian improvements in the downtown area as determined by the city.