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Legion Field stormwater project advances after council approves BNSF permits, will use MPCA resiliency grant
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Summary
Council approved a temporary occupancy permit and a pipeline license with Burlington Northern Santa Fe Railway to allow construction of a pond, ditch work and a 42-inch pipe beneath the railroad. The project will use a secured $867,000 MPCA resiliency grant; some on-site railroad oversight costs require prepayment.
The Marshall City Council voted to authorize two separate agreements with Burlington Northern Santa Fe (BNSF) Railway on the Legion Field stormwater improvement project, clearing the way for construction work in and under the railroad right-of-way.
City engineer Jason Anderson said the project—the final phase identified in a 2018 Legion Field stormwater study—is supported by an $867,000 Minnesota Pollution Control Agency (MPCA) resiliency grant the city secured in prior years. The work includes piping, ditch cleaning, regrading and the jack-and-bore installation of a 42-inch concrete pipe beneath the tracks east of Legion Field Road, near the Nexus Apartments.
Anderson explained the two BNSF agreements: a temporary occupancy permit to allow contractor access to the railroad right-of-way and a pipeline license for the underground crossing. He gave the permit costs the council would approve: the occupancy permit fee is $1,350 with an associated insurance charge of $1,221; the pipeline license fee is $5,265 with $1,899 insurance. In addition, BNSF requires on-site oversight and flagging at roughly $1,500 per day plus a $450 mobilization charge; staff said they would prepay an estimate and would be refunded unused portions (a prior similar prepayment was about $22,000 and was not fully spent).
"This is the same thing we did the last time we worked in the right of way, and it worked very well," Anderson said, describing the insurance and oversight arrangement. He told the council that staff had been negotiating with BNSF for an extended period and that the current costs were far lower than earlier proposals.
Council voted separately to approve the temporary occupancy permit and then the pipeline license; both motions passed on roll-call votes.
What happens next: Staff will execute the agreements with BNSF, finalize contractor procurement, and schedule preconstruction meetings; the city will coordinate minimization of trail closures during construction.
