12-09-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council Dec. 9, 1987 Hauth Easement (Cont.) Train Whistles Agenda Addition The for•egoing r•esolution was duly seconded by P9r~. LaValle. Ayes (4) Fahey, LaValle, Collova, Scalze. Nays (0). Resolution declar~ed adopted. This resolution appear~s in Resolution Book No. 18, Page 622. Fahey r~epor~ted that Mr•. Lar•r~y Str•uck of the Oakmont Condomi ni ums i s not happy with the conclusions dr~awn by the Council r~egar~ding the sounding of tr•ain whistles within the City. Str•uck has indicated that the Cities of St. Paul and Minneapolishave or•dinances pr•ohibiting the sounding of tr•ain whistles within their• City limits. Fahey suggested that the City Cler•k check with neighbor•ing cities to deter•mine if they have any or•dinances in effect on this matter~. Fahey also r•equested the City Attor•ney to check with St. Pa~al and Minneapolis on their• or•dinances. Fahey suggested that the matter• be discussed at the December• 30th Council meeting. Scalze pointed out that the Soo Line has indicated that if the City adopts an or•dinance pr•ohibiting the sounding of whistles within the City, they would not assume the liability should an accident occur~ at a r•ailr•oad cr•ossing. Scalze asked how St. Paul and Minneapolis addr•ess this position. The City Attor~ney pointed out that the City cur•r•ently has two or•dinances, Section 2801.100 (1) and (6) which r~elate to the blowing of whistles within the City. The Attor•ney r•epor•ted that this or~dinance is almost ver~batim to St. Paul's or•dinance. The City Attor~ney r•epor~ted that he has discussed the matter• with the St. Paul City Attor•ney's office and was infor•med that St. Paul has an or•dinance on the books pr•ohibiting the sounding of ~vhistles within the City, however~, the or•dinance is not enforced. Minneapolis' or•dinance pr•ohibits the blowing of whistles ~~iithin the City limits with the exception if war•ning of imminent and immediate danger• to 1 i fe and pr•oper•ty. The City Attor•ney r•epor•ted that in ter•ms of pr•osecuting violations of the Ci ty' s cur•r~ent or•di nance, the or~di nance i s vague, and i f thi s is what the City wants to do, then he r•ecommended that an or~dinance similar• to the one Minneapolis has should be adopted. The Ci ty Cl er•k r•epor•ted that the r•ai 1 r•oad has i ndi cated that they wi 11 continue to sound whistles within the City unless the City adopts an or•dinance pr~ohibiting it. The C,lerk also pointed out that many tr•acks ar~e computer~ized and the whistles sound automatically. Page -5-