City of Milwaukee - File #: 171884

• File #: 171884
• Version: 0
• Type: Resolution
• Status: Placed On File
• File created: 3/27/2018
• In control: COMMON COUNCIL
• Final action: 7/31/2018
• Title: Resolution directing St. Mary’s Cement, Inc. to remove the spur track serving 712 West Canal Street from right-of-way and to repair the right-of-way, in the 12th Aldermanic District.
• Sponsors: ALD. PEREZ
• Indexes: RAILROADS, STREETS

Date	Ver.	Action By	Action	Result	Tally
7/31/2018	0	COMMON COUNCIL	PLACED ON FILE	Pass	14:0
7/18/2018	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE; Minutes note: Karen Dettmer - DPW	Pass	5:0
7/13/2018	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
4/5/2018	0	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Karen Dettmer - DPW Atty. Greg Hagopian - CAO Jim Pike - St Mary's Cement stated the company wants to mitigate the problem and was unaware of any issues until the end of February. He added that the company wants to maintain the tracks so they may be used at some point. Lisa Sabinski stated she rides on the Hank Aaron Trail daily to work and in May 2016 she had an accident crossing the tracks. She added that 58 people have had accidents on the Canal St railroad crossing. Jessica Weinberg - Wisconsin Bike Fed stated there are safety concerns regarding these railroad tracks Peter Mither stated he really likes biking and he often takes the Hank Aaron Trail and the railroad tracks are dangerous to cyclists.	Pass	3:0
3/27/2018	0	COMMON COUNCIL	ASSIGNED TO

Number
171884

Version
ORIGINAL
Reference

Sponsor
ALD. PEREZ
Title
Resolution directing St. Mary’s Cement, Inc. to remove the spur track serving 712 West Canal Street from right-of-way and to repair the right-of-way, in the 12th Aldermanic District.
Analysis
This resolution directs St. Mary’s Cement, Inc. to remove the spur track serving 712 W. Canal Street from right-of-way and to repair the right-of-way, and directs the filing of a complaint and petition with the Wisconsin Office of Commissioner of Railroads.
Body
Whereas, The City of Milwaukee, the Soo Line Railroad Company (d/b/a Canadian Pacific Railway) (“CP”), and St. Mary’s Cement, Inc. (“St. Marys”), are parties to a December 15, 2004 Industry Track Agreement that allows the spur track crossing Canal Street and serving the St. Marys parcel at 712 W. Canal Street (the “Spur”); and

Whereas, Per the Industry Track Agreement: St. Marys is responsible for maintenance and repair of the Spur and its roadbed, including the Canal Street crossing (para. 6 and para. 7.I.); St. Marys must keep the area along the Spur in a level and neat condition including filling holes and ruts (para. 7.G.); St. Marys owns the Spur and if rail operations involving the Spur are abandoned, St. Marys has removal duties (para. 11); St. Marys must maintain protective devices for the Canal Street crossing and Spur (para. 17); CP may terminate the Industry Track Agreement on 30 day’s notice to the City and St. Marys if St. Marys discontinues use of the Spur for a 12-month consecutive period or upon order of a competent public authority that makes continued use of the Spur impracticable (para. 20.A.); and

Whereas, St. Marys has never used the Spur since it was constructed with the Canal Street reconstruction project and as of the executed date of the Industry Track Agreement; and

Whereas, CP removed the switch on or about August 8, 2016, rendering the spur unusable without additional investment and construction on the City...