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April 17, 2002

City Council unanimous in decision to fight Haydn Street RR crossing closure
City Attorney Tom Peterson animatedly discusses the closing of the Haydn Street Railroad crossing at a special meeting of the common council Tuesday night.
On April 10, the Wisconsin Commissioner of Railroads (OCR) ordered that the Haydn Street Railroad crossing be closed. On April 16, the Prairie du Chien Common Council unanimously approved petitioning for a rehearing and filing a petition for judicial review.
The OCR says the Haydn Street crossing is redundant and unnecessary for vehicular traffic.
The city not only has a problem with the decision, but with the entire process. They believe the hearing was ìtainted," and ìflawed."
City Attorney Tom Peterson, City Administrator Gary Koch and Alderperson Jack Kluesner all stated that they heard Wisconsin Railroad Commissioner Rodney Kreunen say that the crossing would be closed before the hearing process ever started last winter. Kreunen 'categorically denies' ever having said this.
Peterson said it appears Kreunen spoke to the council in an attempt to "sell the agreement he made with the railroad" and he is "holding in line with his brethren." Peterson said Kreunen also bragged that no one had ever won an appeal against his office since he has been commissioner.
Peterson said his hope is that the city could get back to base one and start the hearing process over. "It doesn't mean once we get a rehearing it will be kept open," he said, "But at least we could get an opportunity to present the facts."
He explained that circuit court only has the right to call for a rehearing, not to overturn the decision. The railroad commissioner has the final say in the decision.
Peterson noted that in no court of law would it be proper for the person who makes the decisions to say what is going to happen before a hearing or trial is held.
Peterson has drafted an letter to Governor Scott McCallum ìrespectfully requesting intervention" on the matter.
He noted that it's going to be a "difficult row to hoe" since the city was originally neutral on the closure.
There was some discussion on what cost would be incurred by the city to fight the decision. Peterson said there would be no charge for his service since it falls under his duties as city attorney. There may be some court costs.
In other business, the City Administrator Gary Koch said they should be ready to move to the new city hall facilities in June. City Hall will be closed for a couple of days during the move time to relocate phone systems and computers.
The chart above shows how the number of teachers per pupil in the Prairie du Chien School District has increased since 1996-97 and how the number of administrative staff has decreased per pupil since 1996-97. The chart also shows enrollment in the district during each school year since 1996-97.

PdC teachers fill boardroom, conflict continues
Teachers once again packed a humid meeting room in a show of support and unity during the Prairie du Chien School Board Meeting Monday night at B.A. Kennedy.
Long-time district art teacher Millie Garside was granted early retirement by the board.
"I've truly loved teaching, but this position was special," said Garside, who had asked for 50 percent health insurance coverage.
The board voted unanimously to grant Garside early retirement with 50 percent health insurance coverage, as stipulated in her contract. Board members Merle Frommelt and Lucy Yeomans abstained from discussion of the issue and from voting, citing conflict of interest.
The board also denied three grievances by Bluff View teacher Jim Schilling concerning emergency leave.
Schilling contends that there were three instances when the district should have paid him for emergency leave rather than for sick pay.
The denial of the grievances came following a closed session, during which teachers showed their support from the hallway outside the meeting room.
Teachers wore buttons that read, ìNo child or teacher left behind" and signs were distributed among the teachers that read, ìPdC teachers deserve a fair contract."
Teachers have been working without a contract since July 1. Also, the teacherís union had filed a legal action Jan. 25 in the form of a prohibitive practice complaint alleging unfair labor practices on the part of the district. The prohibitive practice complaint had included several grievances filed by teachers against the district.
At Monday night's meeting, Prairie du Chien District Administrator Jim O'Meara said that a Prohibitive Practice Hearing has been scheduled for May 10 at B.A. Kennedy. He said that the hearing is scheduled to begin at 10 a.m. and is expected to last all day.
The school board also approved the annual publishing of the salaries of all public employees of the Prairie du Chien School District.
Board member Lucy Yeomans cast the lone vote against publishing district employeeís salaries, saying that through the years, it had hardly ever been done.
On Tuesday, O'Meara said that the publishing of the salaries is being done, in part, because of the current conflict between the teachers and the district. The publishing is being done to better inform the public, he said.
The salaries of all district employees will be published in The Courier Press as soon as the newspaper can do so. The salaries will be published as a legal notice paid for by the school district.
Some teachers at Monday's meeting, told board member Brian Edwards that their educational backgrounds should be published along with their salaries.

In other business, the board:
*gave the Oath of Office to new board member Joseph F. Atkins and Board President Mary Hosford-Jorgensen.
*recognized outgoing board member Lucy Yeomans for her years of dedicated service.
*presented Norb Aschom of Prairie du Chien radio station WPRE with a media honor roll plaque.
*approved a summer school program for early childhood.
*and accepted several donations, including $8,060 from the Prairie du Chien Booster Club for a new wrestling mat.
The Prairie du Chien School District has offered the teacherís union a Qualified Economic Offer (QEO) stipulating a 3.8 percent salary increase. The QEO went into effect in Wisconsin in 1993. Included in the chart above are the total tax levies of the Prairie du Chien School District each year since 1990 and the tax rate each year since 1990.

April 22 to 28 is Turn off the TV week.

Families looking for alternatives to sitting in front of the tube can check out the ad on the back page of this issue of the Courier Press.
There are many events in the community including activities at the Family Resource Center, Hoffman Hall, Prairie du Chien Memorial Hospital, Prairie du Chien Public Library, Effigy Mounds, local restaurants, churches and businesses and even the city-wide rummage sales. Many of the activities are free, and others are offered at a reduced rate.
Questions about Turn Off the TV week can be directed to the Family Resource Center at (608)326-4357.Activities set for Turn off TV week


County department heads get 1 % raise
Crawford County government department head salaries was the most discussed issue at the County Board meeting Tuesday.
By a voted of 12-3, the board approved giving salary increases of 1 percent to all department heads, both appointed and elected.
The resolution had been amended to 1 percent from 3 percent, which the department heads had been asking for to cover the cost of living increase.
Board member Larry Kapinus had made the motion to amend the resolution to 1 percent, saying that the board should wait and see what kind of salary increase the union employees receive before giving a 3 percent increase to department heads. Kapinus said that the department head's salaries could be adjusted at a later date to make them comparable to those of the union employees.
"If I'm going to get 1 percent, then I'd rather take nothing," Crawford County Sheriff Robert Ostrander told the board. "I think its a slap in the face to an elected official."
Ostrander told the board that he is the 71st highest paid sheriff out of Wisconsin's 72 counties and that he is the lowest paid person in his department, due to overtime pay for other Sheriffís Department employees.
Ostrander said that a pay increase of 3 percent is "quite reasonable" and that the pay should be fair for whomever might by elected to sheriff in the future.
Salaries for department heads need to be set by June 1.
In other business, the board heard a presentation by Highway Commissioner Dennis Pelock explaining the relocation of the Highway Depart ment main facilities from Gays Mills to just south of Seneca on County Highway E.
Pelock said that the current facilities have been flooded out seven times since 1978 and four times in the last decade. Also, the Gays Mills facility has a contamination problem due to hazardous waste.
The board voted unanimously to proceed with the relocation effort.
The total estimated cost of the relocation would by $1.15 million if a hazard mitigation grant request by the Highway Department is approved. The cost would be $1.8 million if the grant is not approved.
Crawford County's legal counsel Mark Peterson briefed the board about the possibility of purchasing a building and lot from the 3M Company for the purposes of replacing the Satter Building in order to update government office facilities.
The lot and building under question is commonly referred to as 3M Plant 1, which has been closed.
Peterson said a purchase price of $400,000 has been given but that the county will not enter into any kind of agreement until a preliminary report on possible hazardous waste at the site has been completed and the situation is acceptable to the county.
A special County Board meeting may be scheduled in the near future to discuss the details of the possible purchase of the 3M site.
In other business, the board:
*approved Robert Dillman as County Board Chairman and Kay Garvey as Vice Chairman.
*unanimously approved a resolution to abolish the Roads and Bridges Committee.
*unanimously approved a resolution recognizing the life and public service of Philip Doll

April 15, 2002

Railroad Commissioner orders Haydn Street Crossing closed despite outcry of city, public
On April 10, the Wisconsin Commissioner of Railroads (OCR) ordered that the Haydn Street Railroad crossing be closed, despite attempts from the city, county and citizens to keep it open.
The city has scheduled a special council meeting for April 16 at 7 p.m. to decide what, if any, action they will take on the matter.
Any party adversely affected by the commissioner's order may petition for a rehearing within 20 days, or they may file a petition for judicial review within 30 days.
The OCR says the Haydn Street crossing is redundant and unnecessary for vehicular traffic. "Eliminating a redundant crossing serves the public interest," their written statement says.
"In summary, the closure of the crossing at-grade of the BNSF tracks with Haydn Street will promote public safety by eliminating a point of potential conflict between trains and vehicles. The crossing is not necessary for public convenience," Commissioner Rodney Kreunen stated in the fact finding statement.
Haydn Street carries an average of 1,100 ADT vehicle a day, says the OCR.
No train vehicle accidents have occurred at the Haydn Street crossing since 1973. "Accidents that do occur here will likely be quite serious if a through train is involved due to their 50 mph speed," says the OCR. "Train speed is strongly correlated with fatalities in train/vehicle accidents. More arterial, says the OCR.
The city and county have both designated Haydn Street as an emergency route, but the OCR says this has "no legal significance" on their decision.
The OCR says that even though concern was expressed about adding more traffic to Blackhawk Avenue which is already congested, a DOT traffic expert testified that that amount of additional traffic would not significantly impact that congestion. Even if all of the Haydn Street traffic diverted to Blackhawk Avenue it would only add two or three vehicles per minute during the peak traffic hour.
"There is no doubt that Blackhawk Avenue suffers from congestion, but closing Haydn Street will have a minimal impact on that congestion," says the OCR.
The Haydn Street crossing has 8'' incandescent automatic flashing lights with gates with motion sensor circuitry for warning devices which were installed in 1972 and have reached the end of their useful life, says the OCR. But, they say, the existing signals will be adequate until the crossing is closed.
The OCR has also investigated all of the other at-grade crossings in Prairie du Chien on the Burlington Northern Santa Fe's (BNSF) double mainline tracks and has issued an order for new need to be replaced, says the OCR. BNSF has offered to fund half of the approximate $2.1 million total cost for the signal improvements. However, BNSF has made its offer contingent upon the closure of the Haydn Street crossing.
These signal improvements are planned for the next two years. However, if the Haydn Street crossing remains open and the BNSF withdraws its participation, the signal improvements will be delayed at least four to five years. The state has approximately $5 million per year in state and federal safety money to spend on cross ing safety. The BNSF's contribution is thus equal to about 20 percent of the annual crossing safety budget for the state, says the OCR.
In order to provide adequate protection new 12 inch LED automatic flashing lights with gates and constant warning time circuitry at Haydn Street would be required at a cost of approximately $200,000.
The OCR, the Wisconsin Department of Transportation (DOT) and BNSF are not in favor of installing a pedestrian crossing at Haydn Street when it is closed to vehicle traffic.
BNSF and the DOT propose to have a sidewalk constructed along the east side of Marquette Road north to Washington St. Likewise, BNSF proposes that a sidewalk be built along the southside of Washington Street. The sidewalks would replace existing footpaths. The BNSF states that it would share the cost for the sidewalks with DOT.
OCR says the city could relocate the crossing guard from Haydn Street to Washington Street. Pedestrians could then cross the BNSF tracks at Washington Street.
"This proposal is better than keeping a pedestrian crossing at Haydn Street. If a pedestrian crossing is built at Haydn Street, then crossing signals will be needed in order to provide a safe crossing." says the OCR. "Keeping signals at Haydn Street would probably cost about $125,000 to $200,000."
The city had proposed that the closure be delayed until the last year of the signal project. The railroad disagreed and proposed that the crossing be closed during the first year of the project. "Having determined that the Haydn Street crossing is redundant and unnecessary and that its closure would improve public safety, it would be unreasonable to delay the closure," says the OCR.
The OCR ordered BNSF to remove the crossing surface and the roadway approaches within its right-of-way for the crossing on Haydn Street with their tracks between Oct. 28 and Nov. 1, 2002.
The OCR also ordered that the city of Prairie du Chien shall construct a standard sidewalk along the east side of Marquette Road from Haydn Street to Washington Street and a standard sidewalk along the south side of Washington Street between Marquette Road and Michigan St. in the city of Prairie du Chien, Crawford County by Oct. 28.
The Prairie du Chien Common Council originally went on record as being neutral to the closure. Many felt the hearing process was not fair and impartial as it should have been, and reflecting public sentiment, the council went on record in opposition.
From the time that the hearing examiner issued his proposed decision until the commissioner ordered it closed, the OCR received 80 letters of opposition.
At the hearings held in December, 85 people registered in opposition to the closure and a petition opposing the closure with 1,760 signatures was submitted.
In a written discussion of comments, the OCR addressed the following objections:
Objection: The hearing examiner was biased and the hearing was unfair.
OCR response: The Commissioner strongly disagrees with this assertion. The Commissioner has worked with the hearing examiner for approximately six years and can attest to his strong independence. This hearing examiner objectively follows the evidence where it leads. For example, in a 1999 case in Prairie du Chien, the hearing examiner recommended that the City's petition for a new pedestrian crossing at Wells Street be granted, which the Commissioner later denied.
Objection: The proposed decision ignored the arguments made by opponents of the closure.
OCR response: The Commissioner finds that this argument is simply incorrect as the proposed findings of fact demonstrate. Arguments about emergency access and congestion, for example, were discussed in the proposed decision. The hearing examiner disagreed with these arguments, but that is a far different thing than ignoring them. These comments seem to suggest that if the hearing examiner did not agree with the arguments, then he ignored them. Not true. The evidence was considered and rejected.
Objection: Visibility is worse at other crossings than it is at Haydn Street.
OCR response: Visibility may be worse at other crossings, but it is very poor at Haydn Street. Inadequate visibility makes crossings less safe. Poor visibility is not the reason Haydn Street was selected as a candidate for closure, but it does support the finding that the crossing is unsafe. The other crossings are not good candidates for closure because they are busier streets or do not have adequate alternative routes or both.
Objection: A number of other crossings have been closed in Prairie du Chien in the past.
OCR response: Other crossings have been closed in the past, but even with those closures Haydn Street is still one of six crossings in eight blocks on the busiest double main line tracks in the state. The Haydn Street crossing is unnecessary and redundant. Adequate alternative crossings exist so that little travel distance or time will be added by the closure of the Haydn Street crossing. The Commissioner can state that he has no intention of investigating the closure of any more of the existing crossings in the city of Prairie du Chien.
Objection: The Washington Street intersection is not a safe alternative to Haydn Street for pedestrians, especially for children.
OCR response: First, Washington Street carried 3,700 ADT according to the DOT's 2000 traffic count bock. Peak hour traffic is typically about 15 percent of total daily traffic, which would be 555 vehicles in the peak hour at Washington Street. That equates to slightly over nine vehicles per minute total for both directions. This small amount of traffic does not support the claim that this will be a hazardous location for pedestrians.
Second, presumably the City will still want a crossing guard for Marquette Road to serve those pedestrians who now use Haydn Street. The crossing guard will provide a safe opportunity to cross Marquette Road. Pedestrians will then be able to use the new sidewalk on the south side of Washington Street to move to points west. The pedestrians could then cross Washington Street, if necessary at a location several blocks away from Marquette Road as they do now.
Objection: Increasing traffic at other crossing will increase the number of accidents at those crossings.
OCR response: This statement reflects a common misconception. In fact, concentrating the traffic at fewer crossings will reduce train-vehicle accidents by reducing the number of potential conflict points through the queuing factor.
Objection: Haydn Street is now a designated emergency route.
OCR response: Both the city and county have designated Haydn Street as an emergency route. This designation carries no legal significance. The OCR considers that these designations indicate the city and county believe Haydn Street is a good and necessary route for emergency services. The designation, however, does not really add anything to the arguments made by the police and fire departments that they use Haydn Street and want it to stay open. As was discussed in the proposed decision and below, the added travel time and distance to use other routes is insignificant.
Objection: Trains travel too fast through the city.
OCR response: The speed of trains is regulated by the Federal Railroad Administration (FRA). Under those regulations, the railroad decides how fast it wants to operate and then has to build its tracks to meet the requirements of the rules. The OCR is preempted by those federal regulations and has no legal authority to set train speeds.
The OCR also individually responded to the following objections: Closing Haydn Street will increase congestion on other streets; The railroad tracks should be moved either toward the river or toward the bluff; an outdated street map was used for street classifications; and no testimony contradicted the police lieutenant's testimony about police use of Haydn Street.

Prairie du Chien has the 'best taste on tap'

Looking for a good drink of water? Look no further. Officials at the Wisconsin Rural Water Association (WRWA) have found the best-tasting water in Wisconsin, and it's right here in Prairie du Chien.
On April 3, Prairie du Chien Utilities was named the winner of a statewide competition in an effort to identify the tastiest rural water in the state and, participants hope, in the nation.
Twenty-seven small and rural water utilities from around the state submitted
samples of their water, straight from the tap.
Prairie du Chien Utilities' water sample was chosen by judges as the most appealing.
"It tasted clean, pure and refreshing,'' stated judge and WRWA Board Member Dennis Wartgow of Park Falls.
The judges considered the overall palatability of the water, including taste, smell and clarity.
"Because of the quality of this water, Wisconsin has a good chance at the national taste test in Washington, D.C.,'' added Wisconsin Rural Water Association Executive Director, Ken M. Blomberg.
Prairie du Chien Water Department Superintendent Larry Gates said, "We pride ourselves in providing strict testing, maintenance, and overall quality of the water that we provide to the citizens of Prairie du Chien.
Other top winners were Bayfield, Shawno and Fall River.
The competition is part of a Quality on Tap! campaign to emphasize the high quality standards and consequently, taste of rural water.
A sample of Prairie du Chien's water will compete in a national contest at Capitol Hill in Washington, D.C. on April 23.

Sugar Bush Maple Syrup continues 40+ year tradition
Since 1960, Erwin and Eileen Ruff of Sugar Bush Maple Syrup, rural McGregor, have been bottling their own maple syrup. At the present time they are tapping over 500 maple trees. "At first we cooked it for friends, relatives and ourselves,'' said Ruff, "but after about five years we decided to go into business."
Ruff's 200 acre farm contains 100 acres of timber, giving him an adequate amount of trees to work. Currently, they are tapping over 500 trees. "This has been our best year for maple syrup in ten years,'' Ruff said. Their season lasts about six weeks.
The Ruff's have eight children, most of whom help with gathering the sap. "The grandchildren help too,'' said Ruff. They usually start gathering the sap around three in the afternoon. "That's when its the warmest,'' he said.
A bucket is set under each tree. Plastic tubes are inserted into the maple tree, so the sap can drain into the bucket. All of the buckets have lids, so nothing foreign can get in it. When the sap begins to run, Ruff gets on his John Deere tractor and pulls the two wheel wagon, containing a large storage tank, to the timber. It is a mile one way. "I have put a lot of miles on this tractor,'' said Ruff. After gathering the fresh sap, it is brought back to the farm yard and poured into an outside holding tank, where it automatically enters the back pan of the cooker located inside the cooking shed. From there the sap goes into the finishing pan. After the sap reaches 219 degrees, it is taken out and run through a filter. This gets the lime out. The sap looks like water when it comes out of the tree and contains lime, the same as water. Cooking the sap turns it into a maple color. "Our syrup has a very long shelf life if you keep the jar sealed. Once you use it, you must refrigerate it. We kept a sealed jar of syrup for 11 years, and it was as good as the day we cooked it."
The Ruff's have an excellent reputation in the maple syrup business. In 1982 an article was published, describing their process of cooking and bottling maple syrup, in the Iowa Conservationist. In addition, Iowa State University filmed a documentary, on forestry, which included the Ruff's. "As far as I know, they are still using it,'' Ruff said. "Just the other day a couple of fellas drove up from Bellevue, Iowa to ask us some questions. They had a copy of the 1982 Iowa Conservationist with our story in it. They cook maple syrup and are having trouble with the coloring."
Sugar Bush Maple Syrup Farm is located three and one-half miles from McGregor on Kings Road. You can get there by taking Kings Road directly from Pikes Peak State Park, or get on Kimberly Road near the White Springs Restaurant. Stay to the right and it will turn into Kings Road.