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�flg e _rife (anal z <br />515 Little Canada Road, Little^ Canada, MN 55117-1500 <br />(651) 766 -4029 FAX: (651) 766 -4048 <br />www.ci.littte- canada.mn.us <br />MEMORANDUM <br />TO: Mayor I3lesener Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: February 4, 2011 <br />RE: BNSF Path License <br />1 <br />MAYOR <br />13111 131esencr <br />COUNCIL <br />Rick Montour <br />John Reis <br />Michael McGraw <br />Shelly Boss <br />ADMINISTRATOR <br />Joel R. 1 Janson <br />Unbelievably, we have finally received the documents from BNSF Railway Company that will permit <br />the construction of a crossing over their tracks that intersect the waterworks trail by Prattalone <br />Companies. As you may remember, we constructed the path a number of years ago, but have <br />encountered extreme delays in getting approval for the trail crossing over the railroad tracks. This <br />railway is owned by BNSF, but leased to Minnesota Commercial Railways and has very limited use. <br />After many discussions with Minnesota Commercial Railways and I3NSF representatives, we applied <br />for the crossing permit in March of 2008. <br />To keep the process moving, we need to approve License document attached, remit $7,000 in contract <br />fees, and purchase Railroad Protective Liability Insurance for $500 to cover the construction period. We <br />have already sent them a certificate of insurance from the League of Minnesota Cities Insurance Trust. <br />We will still need to obtain an executed copy from them once we complete our tasks before construction <br />will be allowed. I'm hopeful that will be possible this summer. <br />Staff recommends we approve the license agreement as presented subject to any continents by the City <br />Attorney. (Not to by cynical, but I would be concerned about approval if we make any changes to this <br />document.) <br />