HomeMy WebLinkAbout16. 17-545 NOVEMBER 14, 2017 17-545 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: STRONGLY ENCOURAGE CN RAILROAD TO COOPERATE
WITH THE CITY AND ALLOW THE COMPLETION OF ITS
CRITICAL STORMWATER PROJECT AT THE EAST 14TH
AVENUE RAILROAD CROSSING
INITATED BY: OSHKOSH COMMON COUNCIL
WHEREAS, the City of Oshkosh taxpayers have invested millions of dollars as
part of an ongoing program to replace outdated and inefficient storm water facilities;
and
WHEREAS, the City of Oshkosh taxpayer's investment in this storm water
improvement program helps alleviate flooding problems, supports economic
development efforts, and improves the health, safety, welfare and quality of life for City
residents; and
WHEREAS, the City of Oshkosh is attempting to replace outdated, failing, and
insufficiently sized storm water structures in the City's southeast side so that storm
water will more efficiently flow along East 141h Avenue and into Lake Winnebago to
lessen the risk of upstream flooding and eliminate the risk of outdated facilities
collapsing; and
WHEREAS, this storm water project in the south east part of the City represents
a significant taxpayer investment in the approximate amount of$4 Million; and
WHEREAS, CN Railroad has a railroad crossing over the City's East 141h Avenue
right-of-way and therefore needs to be involved with the plans and construction of City
of Oshkosh storm water utilities installed in the East 141h Avenue right-of-way; and
WHEREAS, the City, with qualified members of its engineering consultant,
AECOM, have developed plans to install storm water facilities under the railroad tracks
and the resulting plans conform to all generally accepted engineering standards; and
NOVEMBER 14, 2017 17-545 RESOLUTION
CONT'D
WHEREAS, the City submitted its East 141h Avenue railroad crossing plans to CN
Railroad in June 2017, and has attempted to address concerns raised by CN in their
review of the plans and CN has rejected the City's plans and proposed alternatives and
instead have created their own stringent standards that not only will not allow the
City's planned storm water facilities to be constructed, but will not allow the
construction or replacement of any alternative design of facilities beneath the tracks;
and
WHEREAS, the City is in the position where upstream modifications to the
public storm water system have been installed that will increase storm water capacity
but the new upstream facilities drain into the existing outdated, undersized, and failing
storm water facility underneath the railroad tracks at East 141h Avenue, and with CN
refusing to allow storm water improvements meeting all generally acceptable
engineering standards to be installed underneath its tracks.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh to strongly encourage CN Railroad to cooperate with the City so that the
critical storm water project may be completed at the Railroad's East 141h Avenue
crossing; and
BE IT FURTHER RESOLVED that this resolution be forwarded by the City Clerk
to the CN Railroad U.S. offices in Homewood, Illinois, as well as to the offices of
Senator Ron Johnson and Congressman Glenn Grothman with the request that their
federal offices review the situation and take any appropriate actions.