S. Livingston Railroad Crossing to be Closed

Proposed order was released yesterday . . . here are the conclusions: The entire ruling is here. Here’s the docket.

PROPOSED ORDER
The hearing examiner recommends that the Commissioner adopt the following order:

1. That the petition of the Wisconsin & Southern Railroad Co. for the closure of crossing at-grade of S. Livingston Street with the tracks owned by the Union Pacific Railroad Co. and operated by the Wisconsin & Southern Railroad Co. in the City of Madison, Dane County is hereby granted (crossing no. 177 827L / MP 138.73).

2. That the City of Madison shall prepare and submit preliminary design plans with cost estimates (including real estate costs) for the closure of the S. Livingston Street crossing, including the construction cost for each cul de sac and the necessary barricades, markers, and signage (see paragraph 5, below) to the Office of the Commissioner of Railroads and the Wisconsin & Southern Railroad Co. by September 30, 2012 (crossing no. 177 827L / MP 138.73). The plans shall be consistent with AASHTO’s A Policy on Geometric Design of Highways and Streets, 6th edition, 2011 or other generally accepted engineering practices.

3. That the Wisconsin & Southern Railroad Co. shall prepare and submit cost estimates for the removal of the crossing surface and roadway within the railroad right-of-way by September 30, 2012.

4. That the City of Madison shall install and maintain a cul de sac on each approach to the S. Livingston Street crossing consistent with AASHTO’s A Policy on Geometric Design of Highways and Streets, 6th edition, 2011 in the City of Madison, Dane County no later than June 1, 2013 (crossing no. 177 827L / MP 138.73).

5. That the Wisconsin & Southern Railroad Co. shall remove the crossing surface and obliterate the roadway approaches within the railroad right-of-way for the crossing at-grade of S. Livingston Street with the tracks owned by the Union Pacific Railroad Co. and operated by the Wisconsin & Southern Railroad Co. in the City of Madison, Dane County after June 1 and before June 15, 2013 (crossing no. 177 827L / MP 138.73).

6. That the City of Madison shall install and maintain the following barricades, signs and markers on each approach to the S. Livingston Street crossing at-grade by May 15, 2013:
a) Advance Road Closed warning sign;
b) ROAD CLOSED sign (R11-2 in the MUTCD),
c) Type 3 barricade (2B-67) with reflective red and white stripes;
d) At least three end-of-roadway markers (Figure 2C-13, Type 4 Object Markers).

7. That the Wisconsin & Southern Railroad Co. shall not remove the S. Livingston Street crossing surface or roadway approaches within the railroad right-of-way until barricades, signs and markers required in paragraph 5, above, have been installed.

8. That the petition of the Wisconsin & Southern Railroad Co. for the closure of crossings at-grade of S. Brearly Street (crossing no. 177 831B / MP 138.98) and S. Blount Street (177 823J / MP 138.60) with the tracks owned by the Union Pacific Railroad Co. and operated by the Wisconsin & Southern Railroad Co. in the City of Madison, Dane County is hereby denied.

9. That the Wisconsin & Southern Railroad Co. shall pay 90% and the City of Madison 10% of the costs to close the S. Livingston Street, including the costs to construct vehicle turnarounds, acquire real estate, remove the crossing surface, remove the roadway approaches within the railroad right-of-way, and install barricades, signage, and markers. The Wisconsin & Southern Railroad Co. shall also bear any cost assessed to the railroad pursuant to §195.60, Stats., for the investigation of this matter by the Office. The railroad shall not pass on those assessment costs either directly or indirectly.

10. That jurisdiction is retained.