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5 Minutes <br /> <br />CASE ~5: <br /> <br />STAT~S OF RAILROAD CROSSING AT WEIGH <br />STATION AND TRUCKS ON 153RD AVENUE NW <br />By: Dave Hartley, City Administrator <br /> <br />Background: <br /> <br />As of the date of writing this case, the City has received via telephone <br />notification that the Department of Transportation will be scheduling a hearing <br />before an administrative law judge probably within the next six weeks. It is <br />possible that the City will receive in written confirmation the exact date by <br />the time of the City Council meeting. The procedure at the hearing for the <br />admznistrative law judge is one similar to a court case in which the City will <br />present its evidence and testimony describing the need for a railroad crossing, <br />and Burlington Northern Railroad will in turn present its evidence and <br />testimony which more than likely will justify no change or no crossing. The <br />determining factor of whzch side will succeed in its arguments is a test <br />referred to as the preponderance of evidence which, said simply, means whoever <br />has the most evidence for the need or lack of need will prevail. It is also <br />anticipated that Burlington Northern Railroad will request at either the same <br />hearing or a separate hearing that Puma Street NW be closed. That question, <br />likewise, will be determined by a preponderance of evidence of need or safety. <br /> <br />At the time of the meeting we hope to also have information relating to the <br />status of the trucking in the vicinity of 153rd Avenue NW. <br /> <br />Recommendation: <br /> <br />Council action will be to discuss. <br /> <br />Review Checklist: <br /> <br />Administrator <br />Attorney <br />Engineer <br />Community Development Director <br /> <br />Chief of Police <br />Finance Officer <br />Public Works Superintendent <br />Other <br /> <br /> <br />