15th Street Railroad At-Grade Crossing Closure: CPKC Railroad Roadway At- Grade Crossing Closure Agreement: State of Iowa Section 130 Crossing Closure Incentive AgreementCity of Dubuque CONSENT ITEMS # 8.
City Council
ITEM TITLE:
SUMMARY:
SUGGUESTED
DISPOSITION:
Copyrighted
October 7, 2024
15th Street Railroad At -Grade Crossing Closure: CPKC
Railroad Roadway At -Grade Crossing Closure Agreement:
State of Iowa Section 130 Crossing Closure Incentive
Agreement
City Manager providing information to City Council on the
executed agreements with both the Canadian Pacific Kansas
City (CPKC) Limited Railroad and Iowa Department of
Transportation (Iowa DOT) for the permanent closure of the
15th Street Railroad At -Grade Crossing.
Receive and File
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Dubuque 15th St RR At -Grade Crossing - DOT Section 130 Closure Incentive
Agreement - Executed
4. MP 44.19 MARQUETTE SUB- DOT #376126W- E 15TH ST- DUBUQUE IA -
Closure Agreement - Executed
Page 225 of 674
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 15th Street Railroad At -Grade Crossing Closure
CPKC Railroad Roadway At -Grade Crossing Closure Agreement
State of Iowa Section 130 Crossing Closure Incentive Agreement
DATE: October 1, 2024
Dubuque
Ltatirl
All-AaMea City
11II '.r
2007.2012.2013
2017*2019
Assistant City Engineer Robert Schiesl is providing information to City Council on the
executed agreements with both the Canadian Pacific Kansas City (CPKC) Limited
Railroad and Iowa Department of Transportation (Iowa DOT) for the permanent closure of
the 15th Street Railroad At -Grade Crossing.
On June 3, 2024, per Resolution 179-24, the Mayor and City Council approved the
permanently close the 15th Street crossing location and authorized the City Manager to
develop and execute an agreement with Canadian Pacific Kansas City Limited Railroad
and Iowa Department of Transportation for said closure.
Per the terms of executed agreement with CPKC, the railroad will pay the costs for
closing of the 15th Street crossing and to provide $100,000 incentive payment to the City.
Per the terms of executed agreement with the Iowa DOT, upon completion of the closure
of the 15th Street crossing, the City will receive a $100,000 incentive payment from the
State Iowa Section 130 grant program.
Pr;Ai
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Page 226 of 674
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
Dubuque
AIFAoeriea City
\RtUN*LUIL. ltxlx:
111111
2007*2012*2013
2017*2019
SUBJECT: 15th Street Railroad At -Grade Crossing Closure
CPKC Railroad Roadway At -Grade Crossing Closure Agreement
State of Iowa Section 130 Crossing Closure Incentive Agreement
DATE: October 1, 2024
INTRODUCTION
This memo is for informational purposes only to advise the Mayor and City Council of the
executed agreements with both the Canadian Pacific Kansas City (CPKC) Limited
Railroad and Iowa Department of Transportation (Iowa DOT) for the permanent closure
of the 15th Street Railroad At -Grade Crossing.
BACKGROUND
On June 3, 2024, per Resolution 179-24, the Mayor and City Council approved the
permanent closure of the 15th Street at -grade railroad crossing and authorized the City
Manager to develop and execute an agreement with Canadian Pacific Kansas City
Limited Railroad and Iowa Department of Transportation for said closure.
Per the terms of executed agreement with CPKC, the railroad will pay the costs for closing
of the 15th Street crossing and to provide $100,000 incentive payment to the City.
Per the terms of executed agreement with the Iowa DOT, upon completion of the closure
of the 15th Street crossing, the City will receive a $100,000 incentive payment from the
State Iowa Section 130 grant program.
ACTION TO BE TAKEN
For information only, no further action required. Receive and file.
F:\PROJECTS\RAISE Planning Grant 2022\Railroad Crossing Closure - 15th Street
Page 1 of 1
Page 227 of 674
K'WA I DOT
KIM REYNOLDS, GOVERNOR SCOTT MARLER, IOWA DOT DIRECTOR
ADAM GREGG, LT. GOVERNOR TROY JERMAN, IOWA DOT COO
Bob Schiesl
Assistant City Engineer
50 W 13th Street
Dubuque, Iowa 52001
Dear Mr. Schiesl:
IOWA DEPARTMENT OF TRANSPORTATION
DIVISION/BUREAU
800 Lincoln Way
Ames, IA 50010
(515) 239-1108
www.iowadot.gov
September 23, 2024
FRA No. 376126W
REF: RRP-RR00(245)-8A-00
Enclosed is one fully executed agreement covering the closure of the railroad crossing listed
above.
This is your authorization to proceed with construction of the project. Please be advised if this
project is not constructed, the Iowa Department of Transportation will not participate in closure
incentive payments.
Please send advance notice of the date the City intends to begin the closure, and the date the
closure is completed to me.
Sincerely,
Kris Klop, Manager
Rail Crossing Safety Fund
Rail Transportation Bureau
Modal Division
KK:Ikh
Enclosure
cc: Dan Ssozi, Audits, IDOT (w/complete agreement)
Su Xia, Accounting, IDOT
Travis Tinken, Office of Rail Transportation, IDOT (w/complete agreement)
District Engineer(s) (w/ copy of agreement applicable to their Districts)
Highway Authorities
Page 228 of 674
V'WA
DOT
Modal Transportation Bureau
800 Lincoln Way, Ames, IA 50010
Railroad Crossing Location Information
County: Dubuque
Location:
State of Iowa Section 130
Crossing Closure
Incentive Agreement
376126W 44.19
FRA No.
East 15th Street Dubuque
/ Milepost
Street Name City Name
RRP-RR00(245)--8A-00
Project
Contact Information
Highway Authority Contact: Bob Schiesl
Office Phone No: (563) 589-4270 Email Address: bschiesl@cifdubuque.org
Iowa DOT Program Manager: Kristopher Klop
Office Phone No: (515) 239-1108 Email Address: kristopher.klop@iowadot.us
Iowa DOT Project Inspector: Travis Tinken
Office Phone No: (515) 290-5055 Email Address: travis.tinken@iowadot.us
Page 1 of 5
Page 229 of 674
SECTION 1. Contracting Parties
This Agreement is between the State of Iowa acting by and through the Iowa Department of
Transportation, hereafter called the STATE, and the city of Dubuque, Iowa, hereafter called the
HIGHWAY AUTHORITY.
IN CONSIDERATION OF the mutual promises contained herein the STATE and the HIGHWAY
AUTHORITY agree as follows:
SECTION 2. Purpose of Agreement
The STATE and the HIGHWAY AUTHORITY enter into this Agreement for the purpose of an incentive
payment for the permanent closure of the East 15th Street crossing of Dakota, Minnesota & Eastern
(DME) Railroad Company's tracks in Camanche, Iowa.
The STATE agrees to secure funds under 23 USC Section 130 for the cost of the closure incentive
payment if matched or exceeded by the Dakota, Minnesota & Eastern (DME) Railroad Company. The
STATE's sole purpose under this agreement is to administer the federal funds.
SECTION 3. HIGHWAY AUTHORITY Responsibility
The HIGHWAY AUTHORITY shall close and maintain as closed the crossing of East 15th Street
identified as U.S.DOT/FRA number 376126W, and shall thereafter install and maintain the appropriate
warning signs and SI-182 permanent road closure barricades. Warning signs and barricades shall comply
with the Manual on Uniform Traffic Control Devices for Streets and Highways (23 CFR 655F). The
crossing closure shall be in accordance with 306.10 of the Code of Iowa. The HIGHWAY AUTHORITY
shall remove the roadway and its surface to its right of way line. The HIGHWAY AUTHORITY shall
provide the necessary documents to verify the permanent closure and street vacation.
SECTION 4.
The HIGHWAY AUTHORITY shall notify the STATE's Contact Person no later than 14 days prior to the
start of the closure project at the crossing. The HIGHWAY AUTHORITY shall also notify the STATE's
contact person when the permanent closure work including the installation of barricades at the project
location is completed.
SECTION 5. Contact Persons
All notices required under this Agreement for this project shall be made to the respective Contact Persons
listed on page 1 of this Agreement.
SECTION 6. Regulations Affecting this Agreement
Regulations of the Federal Highway Administration apply to the project for funds appropriated under
Federal Highway legislation, subject to all applicable STATE laws, rules, and regulations.
Page 2 of 5
Page 230 of 674
Specific reference is made to 23 USC Section 130, Iowa Code Section 306.10, and the Manual on
Uniform Traffic Control Devices for Streets and Highways (23 CFR 655F); and any supplements or
revisions to the Manual issued by the Federal Highway Administration.
SECTION 7. Documentation of Railroad Incentive Payment
The HIGHWAY AUTHORITY shall provide the necessary documents to verify the railroad owning the
tracks on which the crossing is located has made an incentive payment to the HIGHWAY AUTHORITY
for the permanent closure of the East 15th Street rail -highway crossing.
SECTION 8. Project Inspection
The STATE shall have the right to inspect the crossing closure work at any time. After the permanent
closure has been completed the HIGHWAY AUTHORITY shall notify the STATE and provide the date
of completion. The STATE will arrange an inspection with the HIGHWAY AUTHORITY so it can
determine whether the crossing closure compiles with the terms of the
Agreement. After the crossing closure has been completed and inspected, the HIGHWAY AUTHORITY
shall deliver to the STATE a fully signed CERTIFICATE OF COMPLETION AND FINAL
ACCEPTANCE OF AGREEMENT WORK FOR THE CLOSURE. The signed certificate shall mean the
crossing closure has been satisfactorily completed and no further work is required.
SECTION 9. Final Payment
The HIGHWAY AUTHORITY shall be required to pay the initial closure costs. Upon completion of the
crossing closure the HIGHWAY AUTHORITY shall submit a final bill to the STATE for the eligible
amount of incentive payment. The amount of the incentive payment payable to the HIGHWAY
AUTHORITY for the crossing closure shall not exceed the lesser of (1) $100,000.00 or
(2) the amount of incentive payment paid to the HIGHWAY AUTHORITY by the railroad.
The STATE may audit the HIGHWAY AUTHORITY records to determine the eligible amount of
incentive payment. The HIGHWAY AUTHORITY shall reimburse the STATE for any justifiable
exceptions.
All payments to the HIGHWAY AUTHORITY under this Agreement are contingent upon Federal
funding. If Federal funds are not made available, the STATE shall not be responsible for any incentive
payments.
SECTION 10. Required Use of Funds by Highway Authority
This agreement is contingent upon the HIGHWAY AUTHORITY receiving an incentive payment from
the railroad owning the tracks on which the above -referenced railroad crossing is located.
The HIGHWAY AUTHORITY receiving an incentive payment from the STATE shall use the full amount
of the railroad crossing closure incentive payment received through this agreement for transportation
safety improvements, per 23 U.S.C. 130(i)(4)(B). The HIGHWAY AUTHORITY must comply with all
federal transportation funding requirements stipulated within 42 U.S.C. 4321, 23 CFR subchapter H part
771, 23 U.S.C. Section 139 and 23 U.S.C. Chapter 1 Section 134.
Page 3 of 5
Page 231 of 674
SECTION 11. Successors in Interest
This Agreement is binding upon all successors and assigns.
SECTION 12. No Prior Representation
This Agreement constitutes the entire Agreement between the STATE and the HIGHWAY
AUTHORITY concerning this crossing closure.
SECTION 13. Effective Date
This Agreement shall be effective upon the date of the STATE's execution.
SECTION 14. Termination Due to Lack of Funds
Notwithstanding anything in this Agreement to the contrary, and subject to the limitations set forth
below, the STATE shall have the right to terminate this Agreement without penalty and without any
advance notice as a result of any of the following: 1. The federal government, legislator or governor fail
in the sole opinion of the STATE to appropriate funds sufficient to allow the STATE to either meet its
obligations under this Agreement or to operate as required and to fulfill its obligations under this
Agreement; or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if
any funds or revenues needed by the STATE to make any payment hereunder are insufficient or
unavailable for any other reason as determined by the STATE in its sole discretion;
or 3. If the STATE's authorization to conduct its business or engage in activities or operations related to
the subject matter of this Agreement is withdrawn or materially altered or modified.
The STATE shall provide the HIGHWAY AUTHORITY with written notice of termination pursuant to
this section.
Page 4 of 5
Page 232 of 674
SECTION 15. Execution Clause
This Agreement may be executed and delivered in two or more counterparts, each of which so executed
and delivered shall be deemed to be an original and shall constitute but one and the same instrument.
If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such
judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid or
unconstitutional.
IN WITNESS WHEREOF the COMPANY and the STATE hereto have caused this Agreement to be
executed by their duly authorized officers as of the dates below indicated.
Executed by the HIGHWAY AUTHORITY this City of Dubuque, Iowa
19th day of September 20 24
Executed by the STATE this
By
Name: Michael C. Van Milligen
Title: City Manager
STATE OF IOWA
Iowa Department of Transportation
23rd day of September , 2024 By
Tamara Nicholson, PE
Director - Modal Transportation Bureau
Page 5 of 5
Page 233 of 674
Prepared by: Robert Schiesl, City of Dubuque Engineering, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adreinne N. Breitfelder, City Clerk, 50W 13" Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 179-24
RESOLUTION AUTHORIZING TO PERMANENTLY CLOSE THE 15TH STREET
RAILROAD AT -GRADE CROSSING
WHEREAS, the impending increase in train traffic due to the recent merger of the
Canadian Pacific and Kansas City Southern (CPKC) railroads will negatively impact our
City with the number of trains passing daily through the downtown urban core of the City
doubling, from 9 trains to 18 trains by 2027; and
WHEREAS, in consideration of the proposed 14th Street Railroad (vehicular and
pedestrian) Overpass bridge, and the City's interest in implementing safety improvements
at all eleven (11) railroad at -grade crossings in the downtown area; and
WHEREAS, said railroad at -grade crossings improvements would allow the City
to request the Federal Railroad Administration establish a Railroad Quiet Zone
designation for Dubuque; and
WHEREAS, as part of the CPKC's efforts to improve safety, and reduce delays at
railroad crossings, the railroad has identified safety improvements that will need to be
made at the 15th Street crossing location; and
WHEREAS, in lieu of CPKC investing costs at the 15th Street crossing location,
the railroad will compensate the City in the amount of $100,000 for the permanent closure
of the existing 15th Street railroad at -grade crossing; and
WHEREAS, to assist with the implementation of the Railroad Quiet Zone, the
railroad will support a grant application by the City to the Iowa Department of
Transportation for a crossing -closure incentive match payment of an additional S100,000
from the State Iowa Section 130 grant program; and
WHEREAS, there are existing at -grade rail crossings one block to the north at 16th
Street and one block to the south at 14th Street; and
WHEREAS, in furtherance of the City efforts to create a Railroad Quiet Zone
designation and to end the noise burden of downtown residents, downtown businesses,
and guests at locations such as nearby hotels who experience all of the train horn noise
24 hours a day, it is appropriate to close the 15th Street crossing; and
WHEREAS, the permanent closure of the 151h Street railroad at -grade crossing will
improve safety and help the City establish a Railroad Quiet Zone designation.
Page 234 of 674
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQE, IOWA, THAT:
SECTION 1. The City is hereby authorized to permanent closure of the existing
15th Street railroad at -grade crossing.
SECTION 2. The City Manager is authorized to develop and execute an agreement
with Canadian Pacific Kansas City Limited Railroad for the permanent closure of the
existing 15th Street at -grade railroad crossing.
Passed, approved, and adopted this 3rd day of June 2024
Attest:
Adreinne N. Breitfelder, City Clerk
Brad M. CaQanagh, Mayor
Page 235 of 674
RAILROAD -ROADWAY AT -GRADE CROSSING CLOSURE AGREEMENT
THIS AGREEMENT made and entered into on day of September, 2024 by
and between DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION d/b/a
CANADIAN PACIFIC RAILWAY, a Delaware corporation with its principal place of
business at Canadian Pacific Plaza, 120 South Sixth Street, Minneapolis, Minnesota 55402,
hereinafter referred to as the "Railroad," and the CITY of DUBUQUE, Iowa, a municipal
corporation with its principal offices located at 50 W 13th St Dubuque, IA 52001, hereinafter
referred to as the "City."
WITNESSETH:
WHEREAS, elimination of a public at -grade railroad crossing by permanently closing
the road while continuing to maintain the Railroad's right-of-way via City Ordinance; and
WHEREAS, the City in cooperation with the Railroad will permanently close and
remove the City's grade crossing at:
• E 15th St with USDOT NO. 37612W at Railroad Milepost 44.19
on the Railroad's Marquette Subdivision; and
WHEREAS, the parties acknowledge that that City is the owner of the property upon
which the E 15th St Crossing is located and the Railroad right-of-way is based upon City
Ordinance dated October 1870 which authorizes the Railroad's rights to operate on and
through the City owned right-of-way. The City retains the right to use the E 15th St corridor
for subsurface utilities, including the operation and maintenance of public utilities, including,
but not limited to water main, sanitary sewer, storm sewer, and communications; and
WHEREAS, any new utility installations will be submitted to and reasonably
approved by the Railroad in accordance with its requirements and permitting for utilities in
its Railway right-of-way.
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
SECTION 1: The City, at its expense and in cooperation with the Railroad, shall take
all actions necessary to permanently close the above -listed public at -grade crossing across the
Railroad's right-of-way.
SECTION 2: The Railroad, at its expense and in cooperation with the City, shall install
permanent barricades and/or fencing in accordance with the Manual on Uniform Traffic
Control Devices and Iowa Department of Transportation Standard Road Plan SI-182
(Permanent Road Closure- Urban). The City, at its expense, shall maintain said permanent
barricades and/or fencing.
SECTION 3: The City, at its expense and in cooperation with the Railroad, shall
remove existing advanced warning signage.
SECTION 4: The City, at its sole discretion and expense and in cooperation with the
Railroad, shall install and maintain permanent roadway turnarounds and/or cul-de-sacs on
either side of the subject crossing.
154394158.1 1
Page 236 of 674
SECTION 5: The Railroad, at its expense, shall remove the railroad crossing surfaces,
existing road and sidewalk approaches, and crossing warning devices following the
installation of the roadway barricades and/or fencing.
SECTION 6: The Railroad, at its expense, shall provide flagging for all of City's work
associated with the crossing closure that comes within fifty feet (50') of the near rail of
Railroad's track.
SECTION 7: At least forty-five (45) business days prior to beginning any of the work
set forth herein, the City will provide advanced written notice to the Railroad's contact person
so that the Railroad can provide or arrange for providing the flagging service that it deems
necessary for the protection of railroad traffic as set forth in SECTION 6.
SECTION 8: The Railroad shall pay the City the sum of One Hundred Thousand
Dollars ($100,000.00) for the closed crossing upon receipt of proof of the permanent vacation
of said crossings and the installation of permanent barricades and/or fencing.
SECTION 9: The City agrees, by receipt of the above consideration, that the
crossings will remain closed and will not be re -opened by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their
duly authorized officials on the dates indicated below.
EXECUTED by the Railroad this day of September , 2024.
DAKOTA, MINNESOTA & EASTERN
RAILROAD CORPORATION
doing business as Canadian Pacific
2 GW VI.i.RK. cra Sera tka
Signature:
Name:
Title:
EXECUTED by the City this 19th day of September , 2024.
CITY OF DUBUQUE, IOWA
Signatur
Name: Michael C. Van Milligen
Title: City Manager
154394158.1 2
Page 237 of 674
Prepared by: Robert Schiesl, City of Dubuque Engineering, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adreinne N. Breitfelder, City Clerk, 50W 13" Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 179-24
RESOLUTION AUTHORIZING TO PERMANENTLY CLOSE THE 15TH STREET
RAILROAD AT -GRADE CROSSING
WHEREAS, the impending increase in train traffic due to the recent merger of the
Canadian Pacific and Kansas City Southern (CPKC) railroads will negatively impact our
City with the number of trains passing daily through the downtown urban core of the City
doubling, from 9 trains to 18 trains by 2027; and
WHEREAS, in consideration of the proposed 14th Street Railroad (vehicular and
pedestrian) Overpass bridge, and the City's interest in implementing safety improvements
at all eleven (11) railroad at -grade crossings in the downtown area; and
WHEREAS, said railroad at -grade crossings improvements would allow the City
to request the Federal Railroad Administration establish a Railroad Quiet Zone
designation for Dubuque; and
WHEREAS, as part of the CPKC's efforts to improve safety, and reduce delays at
railroad crossings, the railroad has identified safety improvements that will need to be
made at the 15th Street crossing location; and
WHEREAS, in lieu of CPKC investing costs at the 15th Street crossing location,
the railroad will compensate the City in the amount of $100,000 for the permanent closure
of the existing 15th Street railroad at -grade crossing; and
WHEREAS, to assist with the implementation of the Railroad Quiet Zone, the
railroad will support a grant application by the City to the Iowa Department of
Transportation for a crossing -closure incentive match payment of an additional S100,000
from the State Iowa Section 130 grant program; and
WHEREAS, there are existing at -grade rail crossings one block to the north at 16th
Street and one block to the south at 14th Street; and
WHEREAS, in furtherance of the City efforts to create a Railroad Quiet Zone
designation and to end the noise burden of downtown residents, downtown businesses,
and guests at locations such as nearby hotels who experience all of the train horn noise
24 hours a day, it is appropriate to close the 15th Street crossing; and
WHEREAS, the permanent closure of the 151h Street railroad at -grade crossing will
improve safety and help the City establish a Railroad Quiet Zone designation.
Page 238 of 674
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQE, IOWA, THAT:
SECTION 1. The City is hereby authorized to permanent closure of the existing
15th Street railroad at -grade crossing.
SECTION 2. The City Manager is authorized to develop and execute an agreement
with Canadian Pacific Kansas City Limited Railroad for the permanent closure of the
existing 15th Street at -grade railroad crossing.
Passed, approved, and adopted this 3rd day of June 2024
Attest:
Adreinne N. Breitfelder, City Clerk
Brad M. CaQanagh, Mayor
Page 239 of 674