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Mr. Hartley stated that he could get a response from Burlington Northern in <br />2-3 days regarding closing Puma at 153rd and the Dayton crossing could be <br />obtained in 3 weeks; Puma crossing would have to stay open until the Dayton <br />crossing can be used in a safe fashion. Mr. Hartley explained that when <br />there is any change to a road on which a crossing is located, like routing <br />more traffic onto it, MN/DoT will make a determination regarding the <br />appropriate protection devices the city will be required to install at the <br />crossing. Joe Mooney of Burlington Northern indicated Puma could only <br />remain open as a private, fenced and locked crossing not accessible to the <br />general public. Mr. Hartley stated that if Council's position is to keep <br />both the Puma and Dayton crossings, he advises initiating the lengthy <br />process to re-establish the Dayton crossing because there is more <br />historical data supporting that as a public crossing; in the meantime, he <br />could try to negotiate the keeping of the Puma crossing by closing Puma at <br />153 rd. <br /> <br />Councilmember DeLuca noted that if Cty. Rd. 116 (104) is extended to this <br />area and Puma crosssing is not closed, then Puma has the potential to be a <br />high volume crossing, which is also not acceptable to Burlington Northern. <br /> <br />Motion by Councilmember Cox and seconded by Councilmember Sorteberg to <br />direct City Staff to negotiate with MI~/DoT and Burlington Northern for the <br />retention of the Puma Street railroad crossing as a public crossing because <br />the fencing and locking required of a private crossing is unsafe; that <br />retention of Puma as a public crossing will be on the condition that the <br />City closes Puma Street at 153rd to reduce the amount of traffic utilizing <br />the Puma crossing. <br /> <br />Mayor Reimann called for a roll call vote. <br /> <br />Councilmember Sorteberg - Aye <br />Councilmember Cox - Aye <br />Mayor Reimann - Aye <br />Councilmember DeLuca - Aye <br />Coun¢ilmember Pearson - Abstain <br /> <br />Motion carried. <br /> <br />Motion by Councilmember Cox and seconded by Councilmember DeLuca <br />authorizing City Administrator Hartley and City Attorney Goodrich to <br />petition MN/DoT and Burlington Northern to re-establish the Dayton railroad <br />crossing as a public crossing. <br /> <br />Further Discussion: Councilmember DeLuca inquired if this action will make <br />the City liable for any protection devices required at the Dayton crossing. <br />Mr. Hartley replied that any action Council takes, including action to <br />close Puma Street at 153rd, makes the city liable for anything MN/DoT <br />determines is appropriate. Councilmember DeLuca stated that he does not <br />expect that downgrading Puma will require an upgrading in protection. Mr. <br />Hartley stated that, initially, the city would have to pay for any <br />protection devices required at the Dayton crossing; it is possible to <br />obtain reimbursement from certain funds that are availalbe. <br /> City Council/August 19, 1987 <br /> <br />Page 4 of 8 <br /> <br /> <br />