07-13-88 Council Minutes - Laserfiche WebLink

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MINUTES City Council July 13, 1988 Spooner~ RESOLUTION N0. 88-7-281 - AUTHORIZING THE Par~k CITY ATTORNEY TO PROCEED TO NEGOTIATE AN (Cont.) APPROPRIATE METHOD FOR RESOLVING THE TITLE PROBLEMS INVOLVED IN THE SPOONER PARK PROPERTY PURCHASE The for~egoing r~esolution was duly seconded by Mr~. LaValle. Ayes (5) Fahey, LaValle, Collova, Scalze, Blesener•. Nays (0). Resolution declar•ed adopted. This resolution appear~s in Resolution Book No. 20, Page 286. Rai 1 r~oad Fahey r~epor~ted that he has contacted the Soo Li ne Rai 1 r•oad r•egardi ng Whistles blowing of tr•ain whistles within the City and they must either blow the whistles at all inter•sections, or~ if the City adopts an or~dinance Agenda pr•ohibiting whistles, they will only sound tr•ain whistles in instances Item No. 16a of immediate danger. Council had suggested pr~eviously that the r•ailroad consider• sounding the whistles at intersections without flashing lights or• gates. Fahey also r•epor•ted that the City Attor•ney has indicated that if the City adopts an or•dinance pr~ohibiting the sounding of the whistles, the City would be likely to be named in a lawsuit in the event ther•e was an accident within the City. Fahey felt that the City would be likely to be named in a lawsuit regar•dless of whether• such an or•dinance wer~e adopted. 6lesener• stated that he did not want to see an accident occur in the fir~st place and pointed out that the inter~section at Demont has a stop sign only. Blesener• was concer~ned with kids who tr•y to beat tr~ains thr•ough inter•sections. Fahey felt that would occur~ whether~ the tr~ain was sounding its whistle or• not. Fahey felt that the peace and quiet to the City's r•esidents outweighed the failur•e of someone to obser•ve tr•affic r•ules. Fahey felt the Council's r•esponsibility to pr•otecting the public did not extend to disr•upting the lives of hundr•eds of r•esidents within the City. Collova stated that he was concer•ned with walker~s and bikers cr~ossing r•ailr~oad tracks who may have headphones on and would not hear a tr•ain appr•oaching. Fahey pointed out that in the case of danger~ or~ har•m, the tr~ain would blow its whistle. Bill Bruce r•epor~ted that the tr~ain whistlesar~ever•y distur~bing to him and wake him dur~ing the night. Br~uce also r•epor~ted that when a tr~ain goes by his house vibr•ates and felt that was distur•bance enough without the added noise of the whistle. Page -19-