Agenda - Council - 07/12/1988 - Laserfiche WebLink

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26. That the city will have the option to permit public access from Puma St. onto l53rd Ave. N.W. if the city, at its option, elects to dead end Puma St. at a location which is North of its crossing of the Burlington Northern tracks. In the event the city elects to permit public access from Puma st. onto l53rd Ave. N.W., it may close the private Puma St. grade crossing and said grade crossing surface and signs will be removed by Burlington Northern, upon request by the city. In addition, the city will barricade the then previous Puma St. crossing South and North of the railroad tracks. 27. That Burlington Northern will permit affected residents and landowners to use the Puma St. private crossing for such time as there is no . public access onto Puma St. from l53rd Ave. N. W. Prior to the use of the Puma St. private at-grade crossing, the city and Burlington Northern will enter into a Private Crossing Agreement detailing who may use the said private crossing together with other reasonable conditions for the use and maintenance of the Puma St. private at-grade crossing. 28. That in order to effectuate the private crossing designation of the Puma St. crossing, the city will barricade Puma St. at its intersection with l53rd Ave. so as to eliminate public use of Puma St. from l53rd Ave. or onto l53rd Ave. from Puma St. The barricade at l53rd Ave. and Puma St. shall be designed so as to permit entry onto Puma St. for emergency vehicles and city maintenance equipment only. 29. That the city will be permitted to continue its normal street maintenance of Puma St. as a public city street, notwithstanding the l53rd and Puma barricade and the private railroad crossing designation. The city's maintenance vehicles and equipment will be permitted to use the Puma St. private at-grade crossing. 30. Burlington Northern will erect at the private Puma St. at-grade crossing, private crossing signs and stop signs. Burlington Northern will not remove the existing cross bucks at said crossing. CONCLUSIONS That the.-Jransportation Regulation Board has jurisdiction over the subject matter contained in Minn. Stat. 219.27, reading as follows: 219.27 Vacating or Relocating Crossings; Hearings. When either the public officials having the necessary authority or the railway company operating the railroad desires to vacate or relocate a crossing of a public highway and a railroad, and an agreement cannot be reached between them either as to the vacation or relocation, or as to the place, manner of construction, or a reasonable divison of expense in the case of a relocation, either party may file a petition with the board, setting forth the facts and submitting the matter to it for determination. The board shall then conduct a hearing and shall issue its order determining the matters submitted. Unless the board finds that the interests and safety of the public require the continued existence of the crossing, it may order the crossing vacated or relocated. - 2 - ~,