Resolution 2015-23 UNITED CITY OF YORKVI L
RESOLUTION No.2015-
RESOLUTION IN SUPPORT OF A HOOVER ROAD PUBLIC AT GRADE CROSSING AND ACTIVE SAFETY
GATES CONSTRUCTION PROJECT AT THE ILLINOIS RAILWAY, LLC TRACKS IN HOOVER FOREST
PRESERVE
WHEREAS,the City of Yorkville's City Council has previously approved the right-of-way plat of
dedication of Hoover Road prepared and presented by the Kendall County Forest Preserve District
under an intergovernmental agreement;and,
WHEREAS,the right-of-way plan was conditioned upon Hoover Road crossing the railroad tracks of
the Illinois Railway,LLC.;and,
WHEREAS,there is an existing at-grade crossing at Hoover Road in Hoover Woods Forest Preserve;
and,
WHEREAS,a federal transportation grant has been secured to construct safety gates and warning
devices at the Hoover Road crossing;and,
WHEREAS a "Petition for Assignment of an AAR Crossing Number for Hoover Road,a Dedicated
Public Street,Including Approval of Installation of Active Crossing Safety Gates Across Railroad Track
at Grade"is attached hereto as Exhibit A.
NOW THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United City of
Yorkville,an Illinois municipal corporation situated in Kendall County, Illinois,as follows:
Section 1. That the above recitals are incorporated as if fully restated herein as findings of the City
Council.
Section 2. That the Mayor and City Council hereby go on record in support of any and all efforts to
construct active crossing safety gates and warning devices at Hoover Road in the Hoover Woods
Forest Preserve as part of the intergovernmental agreement with the Kendall County Forest
Preserve District.
Section 3. That the City Attorney is authorized to execute on behalf of the City the attached Petition
which is marked as Exhibit A.
Section 4. The provisions hereof shall be in full force and effect immediately.
Passe by the City C unciI of the nited City of Yorkville,Kendall County, Illinois this
Day of v A.D.2015.
G ice!
CITY CLERK
CARLO COLOSIMO KEN KOCH \
JACKIE MILSCHEWSKI LARRY KOT
JOEL FRIEDERS CHRIS FUNKHOUSER
SEAVER TARULIS DIANE TEELING
Resolution No.2015-c93
Page 1
Approved by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
3 Day of 40VEMAEA A.D.2015.
--Atljs/m� —
MAYOR Y1.GOLINSKI
Resolution No.2015-o3
Page 2
EXHIBIT A
STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
UNITED CITY OF YORKVILLE, ILLINOIS )
Petitioner, )
V. )
ILLINOIS RAILWAY,LLC ) NO.
430 West Madison Street )
Ottawa, Illinois 61350 )
and )
ILLINOIS DEPARTMENT OF TRANSPORTATION )
and )
OmniTRAX )
252 Clayton Street )
Fourth Floor )
Denver,Colorado 80206 )
Respondents. )
PETITION FOR ASSIGNMENT OF AN ASSOCIATION OF AMERICAN RAILROADS(AAR)GRADE
CROSSING INVENTORY NUMBER FOR HOOVER ROAD,A DEDICATED PUBLIC STREET,INCLUDING
APPROVAL OF INSTALLING ACTIVE WARNING DEVICES ACROSS RAILROAD TRACK AT GRADE
Pursuant to 625 ILCS 5/18c-7401 and 92 III. Adm. Code 1536.30, Petitioner, the United City
of Yorkville, Illinois ("the City"), hereby petitions for assignment of an AAR crossing number for
Hoover Road, a public right-of-way, including permission to install active warning devices at grade
across railroad tracks of Illinois Railway, LLC ("IL Railway") in Yorkville, Illinois, and in support
thereof,Petitioner submits the following:
1. Pursuant to 625 ILCS 5/18c-1201 and 625 ILCS 5/18c-7401,the Illinois Commerce
Commission has jurisdiction over this matter as it involves rail carriers,railroad track safety and the
installation of crossing protection within the State of Illinois.
2. The City is an Illinois municipal corporation created pursuant to Article VII of the 1970 Illinois
Constitution and the Illinois Municipal Code,65 ILCS 5/1-1-1,et.seq.
3. The City holds jurisdiction over the Hoover Road public right-of-way,containing 1.2619
acres,more or less,and extending from Fox Road to the Illinois Railway, LLC tracks easement.
Property adjacent to and including the public right-of-way is owned by the Kendall County Forest
Preserve District("District"),which operates the Hoover Woods Forest Preserve.
4. IL Railway is a rail carrier operating track within the State of Illinois. As here pertinent,IL
Railway owns and operates the track in a generally northeast-southwest direction a short distance
north of Fox Road in Yorkville,Illinois.
5. Attached to this Petition as Exhibit 1 is an overhead photograph of the District's Hoover
Woods Forest Preserve,which includes Hoover Road,which is now a public road dedicated to the
City of Yorkville,and the railroad track easement owned by IL Railway.
6. Attached to this Petition as Exhibit 2 is an exhibit titled"Planned Railroad Crossing,"which
shows existing facilities,property lines and owners.
7. Also shown in Exhibit 1,Hoover Forest Preserve is located at 11285 W.Fox Road. Hoover
Road forest preserve entrance begins at W. Fox Road in Yorkville.
8. Hoover Road crosses at grade one railroad track owned and operated by IL Railway that
extends in a northeast-southwest direction approximately 1,055 feet north of W. Fox Road to the
southern boundary of the IL Railway easement where there is an existing at-grade public crossing.
Currently,the subject at grate crossing has an incorrect AAR DOT Inventory Number.As such the
crossing for Hoover Road necessitates a new corrected AAR DOT Inventory Number to be assigned
to it.
9. Hoover Road right-of-way is under the jurisdiction of the City of Yorkville,and maintained by
the Kendall County Forest Preserve District under an intergovernmental agreement with the City of
Yorkville pursuant to 70 ILCS 805/5. The intergovernmental agreement between the City of Yorkville
and Kendall County Forest Preserve District is attached to this Petition as Exhibit 3.
10. The proposed Hoover Road at-grade active warning devices,will include automatic flashing
light signals,bell and gates controlled by constant warning time circuitry,or other appropriate
control circuitry as recommended by Illinois Commerce Commission Rail Safety Section staff;and will
be constructed,and thereafter will be maintained,in all respects consistent with the requirements
of 92 III.Code 1535.203 through 1535.207.
11. General plans showing with reasonable certainty the nature,location,and construction of
the safety gates will be filed with the Commission and will be served on all parties as required by 92
Ill.Ad,.Code 1535.202 when they become available in the near future.
12. Public convenience and necessity requires the proposed public crossing with active warning
devices in order to provide safe and efficient access to the Hoover Forest Preserve.
13. The following criteria for improving the at grade crossing to include active warning devices
set forth in 92 III.Adm.Code 1536.40(a)are satisfied for the proposed crossing:
a. For the reasons stated in Paragraph 12 above,there are not practical means to provide
alternative vehicular access to the area to be improved by the active warning devices.
b. The location of the grade crossing and proposed location of active warning devices would
not interfere with IL Railway operational activities,such as switching and usage of track,that
might result in substantial delay or hazard to motor vehicles.
c. The existing grade crossing does not pose risks to train crews,or motorists beyond those
typically associated with at-grade crossings.
14. Further,in accordance with 625 ILCS 5/18c-7401,installation of active warning devices at
the presently existing at grade crossing would be appropriate as the reconstruction,alteration or
improvement is necessary to preserve or promote the safety or convenience of the public.
15. The following information is responsive to factors specified in 625 ILCS 5/18c-7401:
a. No passenger trains are operated on the track.
b. There is no accident history at the existing crossing.
c. The current average estimated daily vehicular traffic on Hoover Road north of West Fox
Road is less than 1,000 per day. The speed limit is posted at 10 mph.
d. There are sporadic movements of freight locomotive and railcars at a speed of 30 mph or
less at the point of proposed crossing.
e. There are currently no active warning devices present at the existing at-grade crossing.
f. The existing Hoover Road at grade crossing is made at a 90-degree angle,resulting in
maximum sight lines for vehicles and train personnel;
g. It is possible that the existing crossing would be used on very rare occasions by trucks
carrying hazardous materials.
h. It is possible that the proposed crossing would be used by emergency vehicles on rare
occasions.
16. The existing crossing has Crossbuck warning signs with STOP signs,both on the same posts,
at the existing crossing,which will be replaced with completion of the new active warning devices.
The City accepts that as a condition of this,the City,in conjunction with federal funding,assumes the
costs of the installation of the necessary safety devices if the Petition is approved.
17. The Illinois Department of Transportation has chosen this crossing's location to receive
Federal highway-rail safety improvement funding through its Section 130(23 USC 134)program
once it is properly classified as public. The active warning device installation project has been
assigned State Job Number C-93-036-14.
WHEREFORE,Petitioner requests that the Commission enter an order declaring the subject
at grade crossing to be public and also authorizing the assignment of a new AAR number designating
a public crossing at Hoover Road in Yorkville;and
WHEREFORE,Petitioner requests that the Commission enter a finding that the owner of the
subject tracks, Illinois Railway,Inc.must file a request with the Federal Railroad Administration
seeking a new inventory number;and
WHEREFORE,Petitioner requests that the Commission enter an order authorizing the
allowance for construction of active safety gates and warning devices at the Hoover Road at-grade
crossing to be constructed by the Illinois Railway,LLC with support of the Illinois Department of
Transportation's federal highway-rail safety improvement program funding.
Respectfully submitted,
UNITED CITY OF YORKVILE,ILLINOIS
800 Game Farm Road
Yorkville, IL 60560
By:
City Attorney
DATE FILED:
CERTIFICATE OF SERVICE
I hereby certify that on September_,2015 1 served the foregoing document,"Petition for
Assignment of an AAR Crossing Number for Hoover Road,a Dedicated Public Street,Including
Approval of Installation of Active Crossing Safety Gates Across Railroad Track at Grade",by first-
class,U.S.mail,postage prepaid,on the following:
ANDY C. ENGEMAN ILLINOIS RAILWAY,LLC ILLINOIS DEPARTMENT OF
General Counsel 430 West Madison Street TRANSPORTATION
OmniTRAX Ottawa,Illinois 61350 Director, Division of Highways
252 Clayton Street 2300 South Dirksen Parkway
Fourth Floor Springfield,IL 62703
Denver,Colorado 80206
MICHAEL E.STEAD DAVID GURITZ
Rail Safety Program Director
Administrator Kendall County Forest Preserve
Illinois Commerce Commission District
527 East Capitol 110 West Madison Street
Springfield,IL 62701 Yorkville,IL 60560
By:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
ICC Petition — United City of Yorkville — Exhibit 1 : Subject Property — Hoover Drive
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* Features Selected:1 Zoom Clear
PIN:02-31-502-001
ALT PIN:60-04-003-001
Tax Code:KE001
Ctass:4500
Owner Name:ILLINOIS RAILWAY INC
Site Address:
City State ZIP:
Brief Legal:3.10 MILES OF RAILROAD TRACK
Gross Acres:0
Tax Billed:$0.00