Former rail chief joins plea for separated crossing

By Steve Sharp of the Daily Times staff
Thursday, August 28, 2008 12:33 PM CDT

JEFFERSON - It was apparent Wednesday at a public hearing that area leaders are adamant in their belief that railroad tracks that cross state Highway 26 just south of Johnson Creek should be separated from the road surface itself. It was also obvious the Wisconsin Department of Transportation does not want to foot the bill to make such a separation possible.

Community leaders, including Jefferson Mayor Gary Myers, Johnson Creek Administrator Paul Moderacki and Jefferson County Sheriff Paul Milbrath, as well as retired state Commissioner of Railroads Rodney Kreunen, spent almost six hours Wednesday waiting to testify before Wisconsin State Railroad Hearing Examiner Douglas Wood. When they got their chance on the stand they were insistent in their pleadings that the railroad tracks be separated from the roadway to ensure safer travel for motorists as far as 100 years into the future.

The hearing finally occurred Wednesday after being postponed in late June due to flooding in the area. The hearing specifically addressed a petition of the Wisconsin Department of Transportation (DOT) for alteration and exemption of the public crossing of the Union Pacific Railroad Co. tracks with state Highway 26 south of Johnson Creek.

On Feb. 15, Wood issued a proposed decision on the matter which, among other things, recommended the state's commissioner of railroads approve the Wisconsin Department of Transportation's proposal for the alteration of the Union Pacific tracks with Highway 26 in the town of Aztalan. The Office of the Commissioner of Railroads received numerous comments opposing the proposed decision in respect to the highway crossing. Those making the comments supported a grade-separated crossing.

As a result, the commissioner ordered Wednesday's hearing be conducted. The hearing was limited to the issue of whether to construct a grade-separated crossing on state Highway 26 in the town of Aztalan.

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The concerns discussed Wednesday addressed the question of whether or not construction of a grade-separated crossing of state Highway 26 is warranted by concerns about public safety, convenience and cost. A second issue was based on the question, “If a grade-separated crossing is warranted, how shall the cost of the grade-separated crossing construction be apportioned?” The DOT had the burden of proof on all issues.

Throughout the hearing, which was considered a quasi-judicial proceeding, testimony came from witnesses called by the Wisconsin DOT, the county and UP.

While the morning was taken up by at times cagey exchanges between Jefferson County Corporation Counsel Phil Ristow and a pair of DOT officials regarding facts and figures as well as technical aspects of the intersection, the afternoon was a more emotional affair with Kreunen stating that if the grade separation is not created the public will pay - possibly with lives.

“This style of crossing is common and there's been an effort over the years to eliminate them - especially ones like this - that are prone to the effects of fog and snow,” he said. “I can't express how fearful we are of crossings like this.”

Kreunen's appearance at the hearing was controversial at first, with there being some confusion on the ethics of having the former railroad commissioner appear before the state's railroad hearing examiner. Kreunen told the gathering, however, that he was appearing as a member of the public and was not being paid by anyone to testify. He said he simply felt compelled to present his case for the grade-separation because he believed it is in the best interest of public safety.

“I came over today as a private citizen. This whole rail issue means a lot to me. And this crossing virtually cries for a grade separation,” Kreunen said.

Throughout the day attorneys for the DOT made it clear the state does not want to pay for a more costly grade-separated crossing. It has been estimated it would cost $400,000 to install signals at an at-grade crossing over the proposed six-lane renovated highway. An additional $500,000 would be needed to renovate the road surface.

There are currently two trains a day that traverse the tracks at Johnson Creek for a total of four movements per day. They range from five to 50 cars each and travel at 10 mph. The train movements will only increase in the future according to those who testified.

Mark Vesperman of the DOT said in prepared testimony the DOT still recommends an improved at-grade crossing “is suitable for this location and does promote public safety and convenience.” He acknowledged the improved, at-grade crossing would span the six lanes, with each side containing two “through lanes” and one “turn-out lane.” The turnouts would accommodate trucks hauling flammables and school buses required to stop for rail crossings. The crossing would remain designed for traffic traveling at 60 mph but would be posted at 55 mph.

Vesperman told Wood the estimated cost of a grade-separated crossing would be $5 million, about 1 percent of the total cost of the state Highway 26 renovation project. Under questioning, however, Vesperman agreed a grade-separated crossing would be safer for the public.

Although crash data appears incomplete for the crossing, Wood noted information he has indicates there have been two “car vs. train” crashes at the crossing since 1973 - in 1975 and 1985, respectively. Vesperman said if he were made aware of additional crash data from the site, it might cause him to reconsider his recommendation that the crossing is sufficiently safe in an at-grade design.

Kreunen noted that if a bridge were located at the site now it could last the state one century.

“That means it would cost us about $60,000 per year and sooner or later a bridge will have to be built at that location,” he said. “With the snow and fog that exists at that location, it's not a question of if but when an accident is going to occur. And the only thing that is worse than a railroad/motor vehicle crash is an airliner going down.”

Information presented Wednesday indicated the monetary cost of a fatal motor vehicle crash at a railroad crossing is approximately $3 million.

Kreunen said a grade-separation would be relatively easy to achieve at the site.

“It looks like there are no real estate problems. There are no homes or businesses in the way. This appears to be very straightforward,” he said.

Kreunen said he was surprised the busy straight-away with the tracks cutting across it was not grade-separated already, considering the other grade-separations that exist on state Highway 26, such as the one a few miles north of Watertown on an arguably less busy stretch of the highway.

“The speed in this area south of Johnson Creek seems to be as fast as 72 mph and the concerns people have are very valid,” he said.

Jeff White, CEO of Renew Energy, said he plans to increase rail and truck traffic in the area of his plant - and subsequently the intersection - in the next six months. He said rail cars carrying ethanol will be using the crossing and there could be significantly higher risk to motorists with such movements of the fuel.

“The impact (of a crash) could be quite dramatic on the environment and on people,” White testified. “We will be moving highly flammable material and traversing that crossing with hazardous, dangerous material. We do not expect this to be an average intersection. And you have to remember that, when this (Highway 26 crossing) project began, we didn't even exist.”

Myers said the city often sells itself to potential businesses by touting its north industrial park and he said incoming business could bring additional truck traffic to Highway 26, as well as more rail cars to the region. He said an overpass of the railroad tracks near Johnson Creek simply makes sense from a safety standpoint.

Moderacki said it is obvious Johnson Creek's growth rate will push its boundaries well south of the railroad crossing in the not-too-distant future and the grade-separation should be created.

“We are paying $64 million for the stretch of Highway 26 from Jefferson to Johnson Creek and we're quibbling about $5 million right in the middle?” He said. “To not do this could really hamper traffic flow and it would be kind of foolhardy over our 40-year planning horizon.”

Mike Meyer is employed in the public safety unit of Union Pacific and testified Wednesday that there have been 32 motor vehicle crashes already this year in the state at railroad crossings such as the one in Johnson Creek. He said grade separations “take away all the issues of concern at such sites.”

“The trend is to go to a grade-separation,” he said. “In Nebraska and Colorado they are working to do this. When trains and cars cannot meet at an intersection you cannot have these crashes. The evidence shows that signs and signals alone at these intersections are not working.”