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Home My WebLink About15.D.1. Consider Participation in the Railroad Crossings Safety Improvements with MNDOT /j-,O./, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Participation in Railroad Crossing Safety Improvements with Mn/DOT DATE: October 7, 2003 INTRODUCTION: Attached is a letter from Mn/DOT Office of Freight and Commercial Vehicle Operations in regard to railroad crossings safety improvement projects and requesting City participation in railroad safety projects in the City of Shakopee. BACKGROUND: Attached to this memorandum is a map showing the railroad crossings in the City of Shakopee, in which there are numerous crossings, in particular in the downtown area. On August 14, 2003, staff met with representatives from Mn/DOT's Office of Freight and Commercial Vehicle Operations, along with a Union Pacific representative to discuss potential funding for safety improvements at railroad crossings in the City of Shakopee. The City of Shakopee's staff has applied for Federal funding for railroad crossing improvements, and in particular, for the crossings at Sommerville Street and Spencer Street. These particular crossings have high vehicle traffic counts, thus the need for warning signals is greater than at other locations at this time. A Mn/DOT representative, Ms. Julie Carr will be present at the October 7, 2003 Council meeting to discuss the railroad safety program and the need to develop a comprehensive safety plan for the City of Shakopee for Federal funding of safety improvements. In conversation with Ms. Carr, the Union Pacific Corridor Safety Program has funding available and the crossings at Sommerville Street and Spencer Street do qualify for that funding. Warning signals can be installed in 2005 and have a 90% Federal to 10% local cost participation of the improvement. Previously, the funding participation and railroad safety project has been a 50/50 split between the City and the Federal government. In this particular case, with the Union Pacific Corridor being identified with specific funding provided, the funding participation is 90% Federal and 10% local, without any additional closures of railroad crossings. If an active crossing is closed, the Federal program will pay 100% of the railroad safety improvements. Additional information that is being attached to this memo for Council information is as follows: . CIP project sheet for railroad crossings for 2005 . Traffic count information from the court case of the City of Shakopee versus the Union Pacific Railroad in the speed issue . Information on the Apgar Street proposed vacation and closure of railroad crossing in 1988 In meetings with Union Pacific Railroad, and in particular with the design of the upgrade of the railroad crossing at Viking Steel Road with the 2003 Reconstruction Project, the Union Pacific Railroad is also interested in the City looking at crossing closures to enhance safety and enhance their operation. The number one crossing for closure consideration would be the Apgar Street crossing which the City did discuss in 1988 at length and had public hearings on the vacation of Apgar Street at the crossing. Union Pacific Railroad has indicated that they would be willing to participate financially in other safety improvements and in the construction of the Viking Steel Road crossing improvements, if there are crossing closures. The upgrading of the Viking Steel Road crossing will cost approximately $200,000 to $225,000 for a new crossing and signal warning system. Ms. Carr, from MnlDOT, can update the Council on the railroad safety program, what funds are available and the time line that the City would need to act to obtain these funds if City Council is interested. In her letter, she will be asking for two City Council members to participate in the railroad safety project to develop a comprehensive safety plan. At this time with the pending elections, and with four out of the five members up for re-election, it would not be possible to identify two Council members for this program. Two Council members could be identified after the November election. With this agenda item, staff feels there are two actions that City Council will need to provide: 1. Approve a motion authorizing the City to participate in the railroad safety improvements at Sommerville Street and Spencer Street and for the local match to be paid out of the Capital Improvement Fund. 2. Consider a motion authorizing staff and Council to participate in further railroad safety improvements, working with MnlDOT's Office of Freight and Commercial Vehicle Operations to develop a comprehensive safety plan for the City of Shakopee. Ms. Carr will be able to answer many of the Council's questions in regard to this item, and in particular what the commitment level would be if the City did proceed at this time with the comprehensive safety plan. In staff s opinion, there are many unanswered questions that would need to be answered before the City Council would commit to any closures of any railroad crossings, such as what are the impacts of the closures to traffic, to businesses and citizens, as well as what would be the financial participation of Union Pacific Railroad and other crossing improvements, such as Viking Steel Road or Atwood Street. This particular Federal program of improving the Union Pacific Corridor in Shakopee does have a time limitation, thus the need for the City to act by a certain time in order to be a participant in this program. AL TERNATIVES: 1. Approve a motion authorizing participation in railroad safety improvement projects for the Sommerville Street and Spencer Street railroad crossings with Mn/DOT's Office of Freight and Commercial Vehicle Operations. 2. Approve a motion authorizing the City to participate in further railroad safety improvement projects with Mn/DOT's Office of Freight and Commercial Vehicle Operations to develop a comprehensive safety plan for the City of Shakopee. 3. Table for additional information. RECOMMENDATION: 1. Staff recommends approval of Alternative No.1, so that the City can obtain railroad safety improvements for the Sommerville and Spencer Street crossings. Each crossing improvement is approximately $150,000.00 and the City's participation would be 10% or $30,000.00 and should be paid out of the Capital Improvement Fund. Previously, if the City did qualify for railroad safety improvement, the program was 50% participation and the City's cost would be $150,000.00 for these two safety improvements. 2. Staff would recommend the City Council authorize staff to proceed with a comprehensive safety plan in order to look at improving safety at railroad crossings in the City of Shakopee. It should be noted that the City of Shakopee is not committed to act on any of these potential safety projects, at this time, but to proceed at developing a comprehensive safety plan. ACTION REQUESTED: 1. Approve a motion authorizing participation in railroad safety improvement projects for the Sommerville Street and Spencer Street railroad crossings with Mn/DOT's Office of Freight and Commercial Vehicle Operations. 2. Approve a motion authorizing the City to participate in further railroad safety improvement projects with Mn/DOT's Office ofPreight and Commercial Vehicle Operations to develop a comprehensive safety plan for the City of Shakopee. .~~, ~Bruce Loney Public Works Director BUpmp RRCROSSINGS ~lI~ Minnesota Department of Transportation ~ I=' ~ e Office of Freight and Commercial Vehicle Operations ~ 'sf ~OFTRP.~ Mail Stop 420 Tel: 651/405-6060 1110 Centre Pointe Curve Fax: 651/405-6082 Mendota Heights, MN 55120-4152 September 4, 2003 m Iff Iii Il 0 .. .; ~.~.___ W fl (';) VJ--- . n U l Sr:O - , i/,I/ < ('1(")' III1 i 'J.j ;II'/! Bruce A. Loney : I ,I /~. f."'~Jr Public Works I>irector C In 0 F (,~U :-:-::---...1 I ....., ,Ait'( n,~_ J City of Shakopee ----..:~~:~!=!:~ 129 Holmes Street South Shakopee,11N 55379 I>ear Mr. Loney: I>uring MnII>OT's Office of Freight and Commercial Vehicle Operations (OFCVO) September 2001 statewide site reviews of railroad crossings, we identified funding for the Union Pacific (UP) corridor that includes the City of Shakopee for potential projects in 2005. On August 14,2003, representatives from OFCVO met with you and Jeff Eckerle, representing the UP to discuss potential funding for railroad crossings in the City of Shakopee. As discussed, the City of Shakopee may qualify for federal funding if they choose. The funding split is 90% federal and 10% local match without closures. The federal program allows 100% federal funding when there is a closure of an active crossing; the closure is considered the local match. The Union Pacific Railroad supports safety improvements in Shakopee and has expressed interest in financial participation if there are crossings closures. I>owntown Shakopee has five unsignalized railroad crossings. The Atwood Street crossing has had two accidents in the past six years. Federal funds are limited; if the City of Shakopee desires to work with OFCVO to develop a comprehensive safety plan for the City of Shakopee it is essential that you notify me by October 1, 2003. The decision to expend federal funding would require that at least two council members participate in this railroad safety project to ensure commitment from the City of Shakopee. I look forward to hearing from you. Sincerely, ~G?~ Julie R. Carr Rail Planning and Program I>evelopment Section cc: Gary Wilwerding, UP Jeff Eckerle, TKDA Gene I>ahlkelTim Spencer/Susan Aylesworth, OFCVO An equal opportunity employer CIP Projects 2004 - 2009+ Project Manager Project Type: Project Title: Total Project Cost: Bruce Loney Street Reconstruction Railroad Signalization $1,500,000 A. Expenditure Items: 2004 2005 2006 2007 2008 2009 Land & ROW Construction 160,000 975,000 Improvements Engineering/Admin, 40,000 325,000 Total - - 200,000 1,300,000 - - B. Funding Source: General Fund Capital Improvement Funds 150,000 650,000 Tax Increment Fund Park Reserve Fund Grants (specify) Donations (specify) (Union Pacific) 50,000 650,000 State Aid Assessments Sanitary Sewer Fund-Base Sanitary Sewer Fund-Flow Sanitary Sewer Fund-Trunk Storm Drainage Fund-Base Storm Drainage Fund-Trunk T ax Levy Total - - 200,000 1,300,000 - - Description: At grade railroad crossings at Sommerville Street and Spencer Street will need crossing signals due to traffic volumes at these intersections, In addition the improvements for 2005 would be for RR crossings at nine intersections, I ~ J ustifica lion , Traffic volumes of vehicles crossing, increased number of trains and possible increased speed of trains warrant the signal installation, Other Comments: Funding from Union Pacific Railroad or the State of Minnesota may be possible for this work. Operatin~ Costs: + DOWNTOWN .""<?.;,~;.;Oi.. CROSSINGS B . \ Lf- \j EX- . :::---\ ~ \ \ r-- \ tJ l If) ~ro~O \ a a o 0 ~ ~J~ _, \ ~ \ \ ~ .-l ' <J) 0 4i .- ~~ r \ tJwO~[.~ ~ ~-' <t. ," II ~ -;.- ~ ::i 2nd A\j(.L--- ~ ~.+: ~ ~G'r-8\~ ~ 0:: 4; :s ~ '_ _ \\~e3\? <[ iii' ~ A . ,-------------- r=----l 0'---- ex: If) \ ~~ ~ l ~ r-- Cf ~ L---=::= .---------::::: \ \ C) \ 0 \_~ \ ...I \ <5 ~I ex: \ LU \ \ a-: \ ~ Z LQJ L9- .-b ~I\ Cl-- \ o,~\ 2. \ S ...I ~ L o-r .--=\r\~-I ~ \ <[ ~ \.-----------' ~ ~, <[ \ ~ " ~ 'L\ ~'\ \\ -5\, ~,\ \\ \' J! ,r--'\ ,r ~ J~' \L-0lAVE. I \~ Ilg + VI KI ' , _ -----I ____ -----------' l------::::: , ' I I r \ I AJ "'... SH~~A~~E~; RD. & )( , \ ~ 6th lA VE II !J \ L \ ~ H DR. + CR ~ " ' CROSSING ._. 83 & VALLE 0 S S ._. y r PARK DR JI C. + 70TH ROSSINGS --'- C;:c~ ~~AGE CROSSINGS VALL cC/) <cCJ Cy lIvou 101 O~ (/) STRI "'0 ci Al. 0:C/) ;u 8l.vO 0 4th . N. ..JC/) I -0 <( <Ca: 0 0 0:0 z <( ~ a (/) <( .c 0 ~ a::: 0 r-- ~I PLACE ~i COlI 1 APR-07-1999 12: 10 651 2':32 008::5 t-'.~1/1':::: TKDA TOLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINeeRS. ARCHITECTS · PLANNERS '500 PIPE~ JAFFRA \' PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:BS1/.292-UOO FAX:S!i1i292.00S3 FAX TRANSMITTAL To: Mr. Bruce Lonev Reference: Railroad Issue!' City of Shakopee Traffic Counts Commission No. 11748-01 Fax No: 612-445-6718 Routing: From: Leif Thorson Date: April 7. 1999 Attached is the traffic information I received. If you do not receive JL.. pages,inc1uding this sheet, please contact me at 651-292-4495 An Equal Opportunity Employsr 'liN 1116 :~ 1 ' R2JW 36/31 j Z "'6'R22W j """"( ESllMATED 1999 AVERAGE DAILY TRAFFIC filS ! ~ .fC TRAFFIC COUNT LOCATION _ Co \!.ril """'\: . r Z ' :'\\ ---. . ~ 'C'O.,~--\\tf 10J. ffJ p /\J ~ p /'! .._- -.f,ii p 'C . -Y J- Railroad " ,'IE DO AVE. ~ '"" . w w ~ ~D z . 0 ...: ~~ a <f - In a::: CJ w <( w :,c - , ~ ~ ~ ::J - - - <( z W III ;:) !i! ~~ I AliI:" r I\. ~ u: I\. (S d IS a v "1 IS l\ , I- l\ )t" ;~ STRIP\flG DETAilS ., ;g ~ - ADVANCE RR CROSSING I lSI 0) -'l I .... 0 _ - STOP BAR ~ l.O 0) IIf 1/ II - PEDES TR I AN CROSS I NG .... l\} I-' ..... ~ (J U I-' 1\ U 1\ (S (S I a r... << 1i~ , ~. ..- r:; r... ~" , I- J\ STRIPING DETAILS )( 0 ~ - ADVANCE RR CROSSING , 0 _ - STOP BAR -- --D '"U AI Q) 1111111 - PEDESTRIAN CROSSING I tsl ..,,] I ~ I-' oj) oj) oj) I-' I\) ON MAST I-' I-' ARM I ~l - - - TI (] A VEa I- CAVANAUGH if) ~~ A VEa " ALLEY . ~I 4 LANE DOUBLE YELLOW ~ ON MAST WITH WHITE DASH ARM (J" I (J r I--' Ii. I\. n u I\. ~~ IS IS --- - a (.. ., (S ~ , I- 1\ )( 9 l> -0 ;;0 I lSl ...J I I-" til Co '~.~.1~~ til til Ur t I-" (\) ,.... (\) ON MAST ARM - - - - - - - - - - - - - - - . - - -~. - . - - - - - - - --.........--------.- --------.... ------ AVANAUGH -- - - - ------ ------ ij~~ ' ... ~ SlRIPING OETAllS 0) ~ - AQVANCE RR CROSSrNG I 0 - - STOP BAR 0' 0 ~ ..- ii. 0 tllIlIl - PEDESTR I AN CROSS r NO I\. ~l \,{ I\. n IS IS a u ., . c; <. " l- 1\ . APR-07-1999 12:12 C;:)J. .::::;>.::: ~~O..J r . t:.lU" .LG MH~-l,-l~~~ ll:l~ bli! 44::> b'(ll:l l-' . i1~/i1' ( < -, . . . CITY OF SHAKOPEE 48 Hour Traffic Volume Report (f;) NORTH DAlE PREPARED: ;5-'-99 2ND AVE. ~ ( ./ \. . r- en ~ w C,) z w Cl. (/) INTERSECTION 2ND AVE. &: SPENCER ST. IN SHAKOPEE FROM 2-9-99 TO 2-11-99 SOURCE Traffic Counts ~.~-"';;-"Y 't~,.' CITY OF SHAKOPEE . .' - - .- 48 Hour Traffic Volume Report . Cl0 NORTH DATE PREPARED: 3-1-99 2ND AVE. \ "\ r I I I I ; ./ ""- INTERSECTION 2ND AVE. & SOMMERVILLE ST. IN SHAKOPEE FROM 2-9-99 TO 2-11-99 SOURCE Traffic Coun ts APR-07-1999 12:12 0:>.1. &:.'::!&:. ~~O...J r . t:J I' J.G .t ~"'l' -'Col .. .1.1.1 ... t .. "'oJ OJ.&:. ......." 0 r.l.o i'.t:l.c:::/t:l..) I CITY OF SHAKOPEE I \ 48 Hour Traffic Volume Report I @ NORTH DATE PREPARED: 3-~O-99 2ND AVE. "'" r I I I -I \.. r..: CJ) CJ) w ~ ...J 0 :r: INTERSECTION 2ND AVE. & HOLMES ST. IN SHAKOPEE FROM 3-16-99 TO 3-18-99 SOURCE Traffic Counts APR-07-1999 12:12 0::>1 et:::JG IOIOC~ r.IOO"'J.~ MRR-3{oj-1'::l'j,:! 1'(: l~ I:)l~ 44::> 1:)'( J.~ I"'.I!l.)/I!l.) CITY OF SHAKOPEE 48 Hour Traffic Volume Report Cl0 NORTH DATE PREPARED: 3-30-99 2ND AVE. "' / ~ \... r-: (.f) V1 ~ W -.J INTERSECTION 2ND AVE. & LEWIS ST. IN SHAKOPEE FROM 3-16-99 TO 3-18-99 SOURCE Traffic Counts TOTRL P.03 LOCATION: : 21j;1;(few/~ 5-r D Ul '1l IS) ~ AI " CITY: I l"l (S) IS) VA. YffIME: " . ; I 0- I-" NAME: f..~ f:::::- ill ill WEATHER: ill m ..... r-- I-" ill I\J Ul we APROACH ED APPROACH J!J~ M~ ~IJ~ I-" ..r I\J ..r C\I 2fldAVENUE 2nd AVENUE Uw/~ ~/.5 ..... . ill 1 2 3 4 5 6 T'ME, RT TH LT RT TH LT (l,1- It' L1- IV- (If L,-r TOTAl. 7:00-7:1& L S t:) z.- Co () I )(") 0 f) I/#S 2.- . 3 2- itf 7:iS-7:30 -z, lO 1- 0 3 Z- iZ () lJ :7:3D-7:45 I tf 0 fJ 'I I 0 ~ Z I I_~ t/ 1:45-8:00 I S- f') 1 Z () Z- Z 0 l 7 . I . 8:CO-8~15 () 2- I 0 2 J D t.J. /) "5 5 f 8:15-8:30 2- L :z.. ) t) if 2 )0 t{ / ~ 0 8:3D-8:45 4- 5 ~ fJ 3. f I 3 J J II I 8:45.9:00 ~ 6 Z 0 1 .1 J S- Z 0 '7 Q (:00-4:15 3 3 0 n rJ I Z 7 I "5 5 C 4:15-4:30 Z- :3 0 1 :;- I 2 11 5 J </ 0 4:30-4:45 , 7 I J to o. 5 12 2 :3 11 , 2- 0 0 L' lfo / <t 0 (J .t:4S-5:tll) 2- 0 ( 2- u I-' 5:00..$:15 J 3 if n 3 0/ '1 fo Z (') /2 J 1\ (V) tJ: (V) 1\ .. 5:15-5:30 0 4 3 J 2- 3 0 7 5 / h 2. IS IS) ..-t IS 0 L( t z. L/ 1 ~ J Z Cf 1 a 5:~Q-S:45 Z (,.0 en en 1 n 1 0 0 CJ L (0 Z 2- /0 / en 5:4S~ :OD ~ .-l , l'S ..-t ..-I U I , l- n-: TOTAt 1\ a: 1: LOCATION: SrI GtJcFJL 5-r _' D .f) -0 ;;0 SJ C1TY: I "- IS) ';f -J is) DAYmME~ I Cl.. ...,. NAME: ill ill WEA'THER: ill (]) ..-t ...,. t'- f\) ill If) we APROACH N8 APf~ "5~ .A-V,q~ ...,. oq EB APPROACH (,oJ oq 5/tJJ~ s.,.-, N 2nd AVENUE 2nd AVENUE ' ?fGVUfl.. 5-r rl . ill 1 Z 3 4 5 6 l1ME RT TH IT RT TH LT It, TN- LT fl.-f ,/'/ L-r TOTAL 7:00-7:15 I'? /- J I 0 0 2 (ac.{ 5 0 5 I 7:15-7:30 e) ) :::> D 0 0 I 7~ f) I L/ 2 7:30.7:45 0 "3 I') t:) , I 0 3q If ~ ~ 0 ~ . 7:4S-8:0G D /l 2 (J 0 0 1 74.( 0 "1 "'6 b . B:oa-8~15 2- F I { ( I 0 27 ~ , <' Z 8:1& ..~O () "? 7- I"") 0 I (j Z~ L{ J L{ 0 8:3t).8:4S { J I (!) ('"') I 0 z?. :f 1 7 3 B:45-9~OD t f 2. () Z- f C 2'3 ~ ~ , n 4:011"':16 4:15-4~30 t g 5" 5 .3 , I z'1 ~ 2 33 2 4:30-4:45 t 7 7 -~ I .3 0 1&./ , ~ 39 0 3 if / I ~ q't IT 4:45-5:0lt (J () z.. '?I I Z u ... 5:00-5:15 I '3 :3 1./ z Z. I 17 ."1 l 'II l\ lo") :z \.f l\ l"l I .2- 1/ J IS) 5:15-6::50 I Z Z. Z () z.~ 56 l IS IS rl a [5:30-6':45 "2 3 7 I z. t 3 z.o 3 0 2.~ a <- lJ) lJ) S:~--5:O[J I f 3 C) 0 0 2 2../ 3 .3 .J3 [)l \ ., .,-,l I I- ..-I ~ rl , I I- ~ TOTAL 1\ a: E . LOCATlON: 'n n "U ;;0 53 C1TY: I "- IS) () DA YFTIME: ~ Sl I 1- .... NAME: U) U) WEATHER: U) D rl .... "- :0 I\) J) we APROACH EO APPROACH NB ~ ~ /J-P~II .... w ..;t ~Ot:JO il-rwtJQO ~ N 2nd AVENUE 2nd AVENUE ..-i . ill 1 .2 3 4 5 8 TIME. RT Ttt LT RT TH LT Rr 7}J LT I'lT If! I-T TOTAL 7~oaR7:1S '3 0 "3 0 2- 0 ~ 2D 0 J 31) I 7:15.7~3G I (0 -0 0 5 2> n IZ J 0 ~J <!:::> 7:30-7:.45 2 /? t J <J 0 J I' 3 I Z~ Z l:4S-6~O /) 0 0 n 0 n D J~ 0 D /z 2- . 8:0008:15 n 0 =3 0 c:> 1') t9 /3 I 0 /9 L) 8:154:30 A b 0 V t ( /"') 7 7J ~ /S- II B:3tNJ:45 /"~ D Z> ,} 0 ~ 2, 9 0 n 22- D 9:450.9:00 0 0 D 1') 7-_ I' /9 l) 10 n -0 0 4:00--4:.15 \ 0 0 0 G- O f) "ZZ,. 0 0 .6Z 4 4;15-4:30 n ('!) 5 Q 2- \ 7_ 2~ f 0 II 5 4:304:45 I 0 .3 0 ~ 0 "Z. 22- 0 1 27 Z. ( 0 3 , 1 z. 24 () 13 2- (J'l 4:45~:ijlJ 0 D (Jl .... 5:00-5:15 i 0 1 2- D C) -~ 30 0 t"'T'\ 17- ~ I\) ill M I\J \"f) 2- 0 z... 0 t " 2- il-I 0 0 12- 0 (S) S:15.S':3G lSl lSl ..-i l -3 3 7- a: 5:30..5:"5 I () , 20 6 n /2- 0 lA m Z -3 I 1 0 2 m 5:~-6:0[) 0 J3 0 0 /2 r m --c ..... I I-' ..... I-' ..-i "- I TOTAL I-' ~ I\. a: I: ~ LOCATION: /T1 u..I/L /..6 .5r-. D () -0 5) ;0 ~ C1TY: I lSl Sl DA YITIME: ....J I L ..... NAME: Ul U) WEAiHER: Ul p ,-l . .... ..... D l\J () we APROACH ED APPROACH fJa Aw~)4 5i3 Aw,t~~ ..... tf 0J tf So",,., u\l'''&..C ,5f!)WtM" ~.J' &A.E.. " 2nd AVENUE 2nd AVENUE rl . D 1 2 3 4 5 6 TIME RT TH LT RT' TH IT R-r TH '-T RT ,If /-,7 TOTAL 7~OO-7~1& , , , 0, 2. 0 I 3' 0 I S 0 7:16-7:30 ~ 3 0 I 0 z... I!:) ~e 'Z.. 2- ~ 0 7::J11.7:45 3 ~ 0 :3 D 3 0 ~~ I I q I 1:45-8:00 Z I '2.. 0 I Z 0 20 , (;) II I . 8:0D-8:15 I 0 0 0 0 C> 0 12- I I S- O 8:15-8:30 "Z... "Z. 0 /:) ~ 'S" 0 ~o t:J V B 0 1:30-8:45 t.{ S"" I 0 I Z l II 3 (a 7 .3 1:45.9:00 7 .3 0 , "3 S- I /I~ 0 '3 17 L 4:00-4:15 1'7 7 0 I ~ ~ 5 21 I Z 26{ ~ 4:16'-4:30 10 ~ 0 0 / '- Z t'(P I Z Z" S- 4:30-4:45 It ~ 2- I Y lJ, J IS" I 3 ~.~ 2- ~ J~ 3 0- 4:45-$:00 .10 , << r 2- '2.. 0 2~ , ..3 IJ I-' $:00-5:16 4( 'i 0 CJ 2 a I 9 0 ~ 21 4 I\: ~ u: I\: Sl 5:tS..s:30 l./ .. Q D ~ 3 J /7 0 ":? 27 3 (S (S M IT 5:3tt-6:45 I..{ S t) D Z. 3 (') IlLJ 0 2- 28 Z. (;. :n -11' 5:45-8:00 f,. ; Z. --{ Z ~ 5 /() 2 '{ 2-'1 2- D~. l -I, I I-' J)..... 'M I\. -0 I I , I-' . ;Y I TOTAL . I\. I-"a: I I\.JE. \ (,,[2~~2) Voco:l~ <1- /1f300 [yzfuJePt/ js+)- Jt10tfi Ire Vfl\'CO( r\ / /n-1') - -( J:J ~ (/ ,_ ',,: Official Proceedings of the City council " ,.... .. July 19, 1988 Page -3- ~ Wampach/Clay moved to remove from the table the vacation of Apgar l' Street between 1st and 2nd Avenues. Motion carried unanimously. The City Engineer stated that a public hearing was held on the vacation of Apgar between 1st and 2nd at the last meeting and that at the public hearing there were some concerns raised. After the public hearing the Assistant City Attorney met with staff and some of the alternatives discussed were: 1) do not vacate the street, 2) vacate the street, 3) reschedule the public hearing. Staff is recommending that the street not be vacated. wait for a couple of years until after the bypass is built~ and satisfy the conditions in the agreement with the railroad now. scott/Wampach moved to deny vacating Apgar Street from 1st to 2nd because it is apparent that Council cannot determine that the vacation is in the public interest at this time. Roll Call: Ayes; Cncl.Wampach, Zak, Vierling, Scott, and Mayor Lebens Noes; Cncl.Clay Motion carried. The City Engineer addressed the use of Gate No. 5 at Canterbury Downs during peak or emergency times. Staff met with officials from Canterbury Downs and it was determined that if a fourth exiting lane could be added to Gate No.1, the need to use Gate No. 5 would be reduced. This would create a double right turn onto CR-16 reducing the back up within the race track parking lot which blocks off the Gate No. 5 access for emergency vehicles. Mr. Tom Brock of Canterbury stated that he was in favor of this alternative but explained that they would have to get permission from the County. Clay/Zak moved that Canterbury Downs use of Gate No. 5 will be restricted to "emergency purposes" only, not peak crowd periods, and that if Canterbury Downs cannot obtain the necessary permits to improve Gate No. 1 and County Road 83, an in-depth traffic analysis of Gate No.5 and County Road 16, along with surrounding areas and residents should be done and submitted to the City prior to any further use of Gate No.5. Clay/Zak amended the motion to include that Canterbury Downs absorb any expenses for traffic improvements or a traffic analysis, if any. Motion carried unanimously. Motion carried unanimously on main motion as amended. The City Administrator stated that on July 5th the Council turned down the offer of Mr. Scherber and Mr. Clark to sell to the City property along the Southerly boundary of their property for the Upper Valley Drainage. This was an alternative to the easement desired by the City elsewhere on the parcel. ... ..- . . Proceedings of the city council July 5, 1988 Page -2- Wampach/Vierling moved to submit an amendment request to the Department of Trade and Economic Development (DTED) extending the community Energy Council Grant agreement one additional year and authorized the appropriate City officials to enter into an agreement with the scott/Carver Community Action Agency for home energy. check-Up audi tor assistance. (Approved under Consent Business) wampach/Vierling moved to approve Dial-A-Ride contract amendment 4#7 extending the saturday Dial-A-Ride service hours through the remainder of the contract period and eliminating the provision of handicapped service. (Approved under Consent Business) The city Engineer reported the estimated cost to provide calcium chloride to unimproved rural roads, urban roads and alleys as well as the estimated cost to improve rural roads with bituminous surfacing and urban roads with curb, gutter and bituminous surfacing and urban alleys with bituminous surfacing. He also explained the city's policy on applying calcium chloride to unimproved roads and alleys. Discussion followed. The city Administrator reminded Council that the reason for recons idering the city's policy was because of Mr. Noterrnann's request for treatment to Adams street South of 6th Avenue. At the previous meeting Mr. Notermann suggested waiting until after the sewer project going in on Adams street is completed. If the Scott County HRA acquires the state property to the East of Adams street maybe they would be willing to share in the cost of some calcium chloride treatment. Vierling/clay moved to bring the dust control request of Joe Notermann back to Council in 60 days. (This would be after completion of the 6th and Adams street sanitary sewer reconstruction project.) Motion carried unanimously. Discussion ensued on how Council wished to proceed following the recent defeat of a referendum for a community center to be located in the Minnesota Valley Mall. wampach/Scott moved that the city council take no action and thus interpreting the results of the June 28th referendum to mean that the voters are no longer interested in a community center proposal. (Existing organizations who want to repackage the proposal and bring it back to Council are encouraged to do so.) Roll Call: Ayes; UnanimoUS Noes; None Motion carried. *- wampach/Vierling moved to open the public hearing on the vacation of Apgar street from 1st Avenue to 2nd Avenue. Motion carried unanimously. . " Proceedings of the city council July 5, 1988 Page -3- The city Engineer explained that several weeks ago the City entered into an agreement with the Soo Line Railroad regarding some spur line revisions in Apgar street and part of the agreement dealt with the possibility of vacating Apgar street between 1st and 2nd. He explained the concerns of abutting property owners which he has become aware of which need to be resolved. Shakopee oil bulk plant has only one access which is onto Apgar between the tracks. staff is still researching whether or not their property actually abuts Apgar or if they are actually landlocked. Rahr also uses the same access through the Shakopee oil Co. driveway to exit their plant from the West onto Apgar and then onto 1st Avenue. The stemmer Feedmill also has a driveway off Apgar North of the spur line. c. H. carpenter Lumber Co. also has a driveway off Apgar and they also have another access off 1st Avenue. A retail building is located on the corner of 1st and Apgar and their access is located farther North of the tracks. The original intent was to vacate just North of the tracks. The city Engineer explained the community concerns regarding the proposed vacation. Traffic from the South would have to be re- routed one block to Scott and up to 1st Avenue. This is a better point to enter 1st Avenue because of the traffic light. Maintenance of the tracks is a major issue. The spur tracks have been removed at Atwood and Scott. There is concern about the traffic being routed past the hospital, school, church and fire station, although it is actually better to have the main collector street go past these types of institutions rather than .......... having emergency vehicles going through a residential neighborhood. The main benefits for closing Apgar from 1st to 2nd is the reduced maintenance of the tracks which are being reduced in number from 13 to two; improving safety by having one less crossing for traffic; and the fact that Scott is a better place to get onto 1st Avenue because of the traffic signal. The city Engineer also referred to a 1984 study which recommended that Apgar street be closed for the same reasons. Mayor Lebens asked for comments from the audience. Bob Friendshuh, Manager c. H. carpenter, spoke in opposition to the closing and presented Council with a petition signed by 250 people who are against the closing. Robert Lockard, property owner to the East of Apgar, explained that his tenant, Crown Auto, is concerned about losing clients. Leroy Menke, Jackson Township, stated that he makes three to four trips a day to the lumber company and if the street is closed it will be more convenient to go to Walden Brothers out Hwy 169. ~ , ~ Proceedings of the city council July 5, 1988 Page -4- Bill stemmer, Feed Mill, stated that one-half of his 40 customers come down Apgar street and that he would like to street kept open. Jim Tracy, Shakopee oil Co., against closing. Bob pieper, out Apgar in Jackson Township, not in favor of closing; sometimes only two cars can cross at Scott because of the timing of the lights. Dick Schmi tz , 436 Apgar, opposed to the closing; hauls a lot of grain with a semi and believes that 2nd Avenue is not wide enough for him to make the turn at Apgar to Scott. Discussion ensued among Counci1members. Mr. Krass, Ass't. city Attorney, explained that we have an established road and some established legal rights in the people who use that road. Council's obligation in considering any vacation is to have a public hearing and explore whether the public is going to be best served by the vacation. In order to approve a vacation, council has to adopt a resolution making that finding. From the public stand point there has been precious Ii ttle evidence submitted or comments submitted indicating the pUblic's going to benefit. We haven't heard any statistics about health and safety problems at the crossing. He cautioned council to keep in mind their statutory obligation to make that finding. He advised council not to be concerned about commitments in the agreement because he doesn't think that they are binding because they attempt to make a commitment for something council can't do. They attempt to pre commit council to a determination as to what is go ing to occur after this public hearing and after you hear the evidence and you can't do that legally. Discussion continued. Fred Marschall, 600 Hennes, stated that he uses Apgar Street four times a day back and forth to work and that closing it would be quite a hinderance. He believes that it is a terrible idea. Mayor Lebens stated that some residents in the area have told her that they would like the street closed because of the traffic. Cncl.Vierling recommended closing the hearing and evaluating the testimony heard to decide what to do. vierlingjZak moved to close the public hearing. Motion carried unanimously. clay/Vierling moved to table the vacation of Apgar from 1st to 2nd until July 19th. Motion carried unanimously. Notices were mailed on June 14, 1988 to the following regarding the July 5, 1988 Public Hearing on the vacation of Apgar street Between 1st and 2nd Avenues: Chicago Northwestern Transportation Co. 408 West Madison street Chicago, IL 60606 Foreston oil Company, Inc. Northwestern Bell James & Nancy Jones, CD ATTN: John Boentges 817 Vandalia street 6244 Cedar Avenue South st. Paul, MN Richfield, MN 55423 C.H. Carpenter Lumber Co., Inc. Steven Von Bargen 1700 West 78th Street Real Estate specialist Ricjfield, Mn 55423 Minnegasco, Inc. 700 Linden Avenue West H & D Railway P.O. Box 1165 516 West Jackson Blvd. Minneapolis, MN 55440 Chicago, IL 60606 L. John Sue I 1026 Market Street Shakopee, MN 55379 Shakopee Associates 4820 Fremont Avenue South Minneapolis, MN 55409 Chicago & Northwestern Transportation Company ATTN: J.A. Nolin One North Western Center Chicago, IL 60606 Union 76 406 West 1st Avenue Shakopee, MN 55379 carpenter Lumber 502 West 1st Avenue Shakopee, MN 55379 crown Auto 450 West 1st Avenue Shakopee, MN 55379 Radio Shack 448 West 1st Avenue Shakopee, MN 55379 Soo Line Railroad ATTN: Earl J. Currie Box 530 Minneapolis, MN 55440 _ f '~,,:.~ ii/ '- - (1 I, . \ ' 1.;/ ':~J ~'\"", {-:' oJ,\ " '" \..' NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given to the affected property owners and the public that the City Council of the City of Shakopee, will hold a public hearing on Tuesday, July 5, 1988 at 8:00 p.m., or thereafter, in the Council Chambers of the City Hall at 129 East 1st Avenue, to consider the vacation of Apgar Street between 1st and 2nd Avenues, according to the original Shakopee City plat, city of Shakopee, to which the city of Shakopee has asserted a claim. All persons interested in the above vacation will be given an opportunity to be heard. Dated this 10th day of June, 1988. Judith S. Cox city Clerk city of Shakopee CERTIFICATE OF POSTING I, Judith S. Cox, City Clerk of the city of Shakopee, Minnesota, do hereby certify that I did cause to be posted a copy of the above notice of public hearing on July 5, 1988 on the bulletin board on the main floor of the Scott County Courthouse and on the bulletin board in the Shakopee City Hall. Dated this 13th day of June, 1988. / Clerk ; ,; CITY OF SHAKOPEE INCORPORATED 1870 1IIf{. fill ___no wv- r ...- r P' 'fl - "'-,:r.. "!if ~ 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379.1376 (612) 445.3650 July 22, 1988 Jerry Pinkepank Soo Line Railroad Co. Room 31C/Box 530 Mpls. , MN 55440 RE: Apgar Street Vacation Dear Jerry: At its July 1 9 , 1988 meeting, the City Council of Shakopee voted not to vacate Apgar Street between 1st and 2nd and decided not to reschedule a public hearing to receive any further public testimony. Based on the public comments received at the July 5, 1988 public hearing, the City Council determined that this portion of Apgar Street still serves a public purpose and therefore should not be vacated. In regards to the Tracy Oil situation, our City Attorney has not yet determined if their property fronts on Appgar Street and has indicated to me that he will not pursue it any further unless the City Council decides to reconsider this issue at a future date. The City of Shako pee intends to comply with all other terms of the agreement signed between the City, the Soo Line and Rahr Malting. Please contact me if you have any questions or wish to discuss this matter further. ~~t: David E. Hutton City Engineer DH/pmp RAILROAD cc: John K. Anderson, City Admin. The Heart of Progress Valley ., -_. .. ---..--....,- .. . .. X~~)I //~ \\1), '" i\~{~' MEMO TO: John K. Anderson, City Administrator FROM: Dave Hutton, City Engineer SUBJECT: Apgar Street Between 1st and 2nd Avenues DATE: July 14, 1988 INTRODUCTION: On July 5 , 1988 a public hearing was held on the vaca tion of Apgar Street between 1st and 2nd Avenues. At the conclusion of all public testimony, the hearing was closed. City Council tabled any action on this matter until the July 19, 1988 Council meeting. Staff has reviewed all of the concerns raised at the public hearing with the A~~i~tant City Attorney and we have attached a copy of the Soo Line Agreement. ALTERNATIVES: Based on discussions with the Assistant City Attorney the following options are available to the City Council. Alternative No. 1 and No.2, according to the Assistant City Attorney, apply whether this is a formal street vacation or a simple closing of the street at 2nd Avenue without vacating the Right-of-Way. 1- Do not vacate Apgar Street. a. Based on the testimony received last meeting, Council could decide that this portion of Apgar Street still serves the public and therefore should not be vacated. b. In addition, the Assistant City Attorney has advised staff that because of the agreement signed between the railroad and Rahr Malting, if the street were vacated and the City was challenged, it would be difficult to show that the City approached the public hearings with an unbiased opinion. c . Rahr Malting Company originally wanted to close Apgar S tr ee t to achieve more track storage of grain cars, but due to the fact that their trucks would still be allowed to exit thru Apgar street, they would not gain much additional track storage they wanted by vacating the street. d . Not vacating may mean that the Ci ty would pay Rahr an additional $10,800.00 (240 lineal feet @ $45.00.00 per foot) for lost rail siding as per our agreement (Article 4 in the agreement). , I Apgar Street July 14, 1988 Page 2 e. The Soo Line had agreed to sell a triangular parcel of lots 1 , 2, and 3 of Block No. 21 for $3,500.00, but may reconsider if Apgar is not closed. We are currently ~onstructing 2nd Avenue on this Parcel (Article 3 in the agreement). 2. Vacate Apgar Street. a. Determine that there is a community wide benefit to closing the street and vacate it. This benefit would be the increased safety that would result from closing the Apgar crossing and routing vehicles through the signalized intersection of' Scott Street and Hwy. if 169. b. This alternative may have a negative affect on several businesses served by both Hwy. /1169 and Apgar due to customer inconvenience of traveling out on Hwy. #169. Some residents also testified that Apgar was more convenient for them than Scott. 3. Reschedule a public hearing to receive further testimony. a. Concerns were raised at the public hearing regarding traffic flow for Stemmer Feed Mill and C.H. Carpenter Lumber. There may be alternatives to providing vehicular access to these buildings without going onto 1st Avenue. These alternatives would result in additional negotiations with adjoining properties and may take some time. b. The Soo Line Railroad would like to reschedule another public hearing to try and resolve some of these specific concerns and hear from residents that may favor the closing of Apgar. RECOMMENDATIONS: Staff recommends Alternative No. 1 for the reasons discussed above. If Council wishes to pursue vacating the street, all other conditions of the Soo Line agreement should be met thereby nullifying the agreement according to the Assistant City Attorney. Then, after one or more years, the issue of vacating Apgar Street could be brought up again after developments such as the Mini By-Pass are more certain. Apgar Street July 14, 1988 Page 3 ACTION REQUESTED: 1- Move to remove vacation of Apgar Street from the table. 2 . Move to deny vacating Apgar Street from 1st to 2nd because it is apparent that Council cannot determine that the vacation is in the public interest at this time. DH/pmp VACATE -. " CITY OF SHAKOPEE INCORPORATED 1870 .., 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 ,(612) 445.3650 Nay 19, 1988 Mr. J. A. Pinkepank Assjstant Vice President Operations Analysis 500 line Railroad Company . Soo Line Building Room 31C Box 530 Minneapolis, Minnesota 55440 Dear l\1r. Pinkepank: F,nclosed is the signed agreement between Rahr. Malting Co., the City of Shakopee and Soo which you discussed with Mr. Dave Hutton, City Engineer, for the removal of' your trackage from Atwood and Scott Str-eets in return for the closing of Apgar Street. I understand that you have discussed the timing of the vacation of Apgar with both the City Engineer and the City Attorney, as ; ~ ~ .... is not possible to comply with the June 15th date in the agreement. I understand that there will be an amended agreement forthcoming. Sinc:a; J ~ ~th S. Co> ~~ Clerk CC: Dave Hu":ton, Ci":y Engineer Julius A. Coller, City Attorney The Heart of Prooress Vallev e .' "f.: EO!)':.. ooooO~U,""liv =1.1":" ':lv~o ,- " " .. TRACK REMOVAL AND CROSSING CLOSING AGREEMENT ,. THIS AGREEMENT, dated May 16, 1988, is between Soo Line Railroad Company, a Minnesota corporation (hereinafter called SOO) , Rahr Malting Co. , a Delaware corporation (hereinafter called RAHR) , and the municipality of Shakopee, an incorporated city of the state of Minnesota, hereinafter called CITY. SOO, RAHR, and CITY are sometimes hereinafter collectively referred to as the Parties. RECITALS WHEREAS, CITY desires to remove tracks of SOO from Scott and Atwood Streets and east of Atwood street to promote public safety, permit street improvements, and avoid unnecessary street maintenance, and WHEREAS, SOO and RAHR desire to have Apgar Street closed to promote public safety, reduce maintenance costs, and simplify switching, and to partially replace the track room which would be lost east of Scott Street, and WHEREAS RAHR desires to cooperate in acheiving these ends, but must protect its present available track room for holding rail cars in order to assure the future needs of its business, and WHEREAS, the Parties have mutually arrived at a plan by which all of these objectives can be served, NOW, THEREFORE, the Parties, in consideration of the promises herein given and recelveCi, do agree among themselves 1 . ~ , as follows: 1. SOO, at its own expense, shall remove its track eastward from the west line of Scott Street to the end of track east of Atwood Street, not later than June 15, 1988. This track removal shall be coordinated with CITY so that CITY can arrange barricades, traffic re-routing, and opening of the street to traffic after the track removal is completed. 2 . CITY, at its own expense, shall coordinate wit,h 500 to permit timely track removal under this Agreement, and shall ar- range barricades, traffic re-routing, and the opening of the street to traffic after track removal is complete. CITY shall, at its own expense, provide whatever labor, fill and paving is required for this purpose. 3 . CITY agrees that on the day following the day the work . described in paragraph 1, above, is completed, CITY shall per- manently barricade Apgar Street between First and Second streets, and shall vacate same, and convey to SOO all such por- tions of the vacated street as are occupied by tracks of 500 to a distance of 20 feet from the center of the outermost tracks, for $1.00. 4 . CITY agrees that upon request by RAHR, CITY shall pay to RAHR the sum of $16,200 at such time as RAHR has determined what track it desires to construct in lieu of a net loss of 360 track feet of car storage room resulting from these removals. CITY shall not be obligated to pay these funds until RAHR presents a copy of a fUlly-executed construction contract for the replacement trackage in question. RAHR shall retain the right to obtain these funds for a period of five years from the 2 '.1.'" '\ r '. date of this Agreement. ..' 5. SOO agrees to sell and CITY agrees to buy whatever in- terest SOO can convey by Quit Claim Deed in the triangular par- cel of land held by SOO in lots 1, 2 , and 3 of Block 21, Original Town, for the sum of $3,500. This real estate transac- tion is to close on or before August 1, 1988. THE PARTIES hereto have caused this Agreement to be duly ex- ecuted on the dates and at the places indicated, and agree that the laws of the state of Minnesota shall apply to its inter- pretation. SOO LINE RAILROAD COMPANY Date>5/!~!or by ~~O ~1)1111' Executive I. I ". . d t . . V~c~ eSl en -Opera~lons RAHR MALTING CO. Date C ti/o'1 ~;r~ - / / /J~. \ v fTile) ~~?M- !/ y CITY OF SHAKOPEE Date .,r//'r/J[g by b"~-7--C<J /no ~~~ I - (Ti tIe) Mavor Date-# by ~V( tl cjp~/~~~ -'/ v ~ /G " -' Date S-~~/;r ( ..;.....:.e) City Administrator ..L . -. r> " cJ)! / / by I J\ Ik;.r;)f). "I -1. / ~ ) V' n 'il!: (i I (Ti tIe) L (J~. rllgl1 ~____ / ,--,~'t:y CJ..erY.. .. " ., /5. to, J, Improving Railroad - Highway 4 Grade crOSSin~_:~~~~ City of Shako pee Presentation October 7, 2003 MnjDOT Office of Freight, and Commercial Vehicle operatio.n.:,,; 'c}'" fh "y-:)- ,-.,.( -"._ ~J"~Ei\ " fJ:;"?!)"jfMinnesota Facts . In the state of Minnesota there are approximately 7,500 at-grade crossings . Approximately 4,600 of these crossings are public crossings . Of the 4,600 public crossings approximately 1,300 have active warning devices .paSSive Device ..~.~. .'.,~ 1 .. - "" 4 ,600 (public crossings) 1 How do we bridge the gap? i 1,300 (active warning devices) ,.Federal Progra~"~~"1"l9ing . CFR Title 23 Section l30(h) .:. In Minnesota, approximately $5 to $7 million per year has been designated for rail crossing safety ':'Each active warning device costs between $120,000 - $150,000 .:. Each year statewide only 35 to 45 active warning devices are installed or upgraded 2 .. . ~ u&HOW are Proje~~~~~(jed? . Potential projects are identified > Accident prediction > Requests - Local agency/Railroad > Corridor Study > Signal Upgrades . Qualifying projects are ranked > by Accident prediction . Projects are submitted to the local ATP > Funding is determined at this level it.Fost Participatio~~~ . Under CFR Title 23 Section BO(h) Railroad Safety Projects )> 90 Percent Federal Funds )> 10 Percent Local Match )> 100 Percent Federal Funding when there is a Railroad Grade Crossing Closure %!;&City of Shakopee ~~~~ 1:1 Five "in-town" crossings with passive devices )> Spencer Street )> Sommerville Street )> Atwood Street )> Scott Street )> Apgar Street 3 -~<:'> -~ ... . Metro Ranking Status 4sased on Accid~"~!~rediction oAtwood Street - #22 o Spencer Street - #103 o Sommerville Street - # 140 o Scott Street - #142 oApgar Street - #148 Irrrrlllr!".""Opportunity . 2005 Funding is available for two signal systems in the City of Shakopee (the City requested funding for Spencer and Sommerville Streets). A decision to provide the local match needs to be made. 2005 process begins November 2003. . The City of Shakopee may participate, with Union Pacific and MnjDOT, in a comprehensive review of the remaining passive railroad crossings. Questions? 4