#3 Action to require Union Pacific Railroad to repair 2 at-grade crossings (File Res. #2011-797)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
25 April 20011
TO: City Council
FROM: Mike Payne, Engineering Manager
SUBJECT: Action on a Proposed Resolution requiring the Union Pacific to repair two
at-grade crossings and petition the Office of the Commissioner of
Railroads for an investigation of the repairs.(File Resolution No. 2011-797)
Exective Summary:
u
The Engineering Division has been corresponding with the Union Pacific Railroad for
approximately seven (7) months about the need to reconstruct a Union Pacific Railroad
crossing on S. Pearl Street at the Johnson Street intersection. The streets in this area
are being reconstructed later this summer. The contract has already been awarded to
Frank Silha & Sons Excavating. The project is anticipated to start in late July.
Adoption of this Resolution requires the Union Pacific to make repairs at two (2) railroad
crossings within 30 days. If the Union Pacific does not make the repairs within 30 days,
the Resolution instructs staff to petition the Office of the Commissioner of Railroads to
order the repairs at 100% Union Pacific cost.
City Manager’s Recommendation:
The City Manager concurs with the Engineering Division recommendation.
Engineering Division Recommendation:
The Engineering Division recommends Resolution No. 2011-797 be adopted.
Suggested Motion:
I move to adopt Resolution No. 2011-797.
Background
The City offered to purchase the concrete panels and provide traffic control for the S.
Pearl Street at-grade railroad crossing reconstruction by Union Pacific crews prior to the
street reconstruction. The City’s estimated cost is approximately $15,000 with this
scenario. The City historically participates in railroad crossing replacements using this
approach. In fact, the Wisconsin & Southern Railroad agreed to this approach for one
of their crossings at the north end of the S. Pearl Street project.
The Union Pacific would like to the City to participate in 50% of the costs estimated by
Union Pacific to complete the work. The Union Pacific’s estimate for this work is
approximately $82,000, resulting in a request for City participation up to $41,000. The
City has not participated in replacement of railroad crossings at this level in the past, it
is beyond the City’s budget for this effort, and would be inconsistent with the
arrangement with Wisconsin & Southern on the same street reconstruction project.
For these reasons, the City is pursuing a process outlined in State Statute 86.12 to
require upgrades of two Union Pacific crossings within the street reconstruction project
limits. The affected areas include a railroad crossing of S. Pearl Street at Johnson
Street and a railroad crossing of Johnson Street at S. Pearl Street.
Attachment:
- Letter to Union Pacific Railroad
cc: Eric Levitt
Jacob J. Winzenz
Carl Weber
CITY OF JANESVILLE
RESOLUTION NO. 2011-797
A Resolution requiring the Union Pacific to repair two at-grade railroad crossings and
petition the Office of the Commissioner of Railroads for an investigation and order for
the repairs.
WHEREAS,
S. Pearl Street and Johnson Street, are intersecting public streets in the City of
Janesville and cross the tracks of the Union Pacific at-grade, and
WHEREAS,
section 86.12 of the Wisconsin statutes requires railroads to maintain public at-
grade crossings is in good condition and repair for public travel, and
WHEREAS,
under a local public works improvement project, the City of Janesville will be
reconstructing S. Pearl Street and Johnson Street in 2011 resulting in anticipated useful life
serving the next 20 years, and
WHEREAS,
the last street rehabilitation project occurred in 1990 without any improvements to
the subject at-grade Union Pacific crossings, and
WHEREAS,
the City of Janesville is not aware of any rehabilitation work by the Union Pacific on
the existing rails and ties as part of the 1990 street rehabilitation project or since that project
was completed, and
WHEREAS,
the existing at-grade Union Pacific crossings do not meet current industry
standards (currently a three rail installation with 112 lb rails) that will likely fail before the new
pavement has reached the end of its useful life, and
WHEREAS,
the City of Janesville hereby requires the Union Pacific to pave, repair, change,
update rails & ties, or otherwise improve the crossings, as the needs require, concurrent with or
before said public works project, and
NOW, THEREFORE, BE IT RESOLVED,
that the City Council hereby directs the City of
Janesville staff to serve a copy of this resolution upon the Union Pacific requiring the railroad to
repair the rail-street crossing of S. Pearl Street at Johnson Street and crossing of Johnson
Street at S. Pearl Street with the tracks of the Union Pacific in the City of Janesville, Rock
County.
NOW, THEREFORE, BE IT FURTHER RESOLVED,
that in the event that the Union Pacific
fails to repair the rail-street crossing within 30 days after service of the resolution, the City
Council hereby directs the City of Janesville staff to take all necessary steps to petition the
Office of the Commissioner of Railroads for an investigation and order for the repair of the rail-
street crossings of S. Pearl Street at Johnson Street and crossing of Johnson Street at S. Pearl
Street with the tracks of the Union Pacific in the City of Janesville, Rock County.
CITY OF JANESVILLE
RESOLUTION NO. 2011-797
(Page 2)
ADOPTED:
MOTION BY:
SECOND BY:
APPROVED:
COUNCILMEMBER AYE NAY PASS ABSENT
Eric J. Levitt, City Manager
BRUNNER
DONGARRA-ADAMS
ATTEST:
LIEBERT
Jean Ann Wulf, City Clerk-Treasurer
McDONALD
RASHKIN
APPROVED AS TO FORM:
STEEBER
VOSKUIL
Wald Klimczyk, City Attorney
Proposed by: Engineering Division
Prepared by: Engineering Division