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prEIVIZO <br />OCT 1 1987 <br />CITY OF <br />LITTLE CANADA <br />Soo Line Railroad Co. <br />275 E. 4th Street <br />St. Paul, MN 55101 <br />September 29, 1987 <br />File: 5-60 <br />City of Little Canada <br />c/o Joseph G. Chlebeck, Clerk <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />Dear Respected Council Member's: <br />This letter will acknowledge receipt from the City Clerk, <br />City of Little Canada, MN, copy of Resolution 87-8-357. Resolution <br />as stated instructed the City Clerk to contact the Soo Line <br />Railroad with regard to trains sounding whistles while passing <br />through the City of Little Canada. <br />The applicable state statute addressing this issue is Minn. <br />Stat. 219,567, The Soo has serious problems with complying with <br />Resolution NO. 87- 8 -357. The sounding of whistles and bells are <br />designed for public safety. There are countervailing reasons in <br />this particular case, for not sounding whistles and bells because <br />of the noise. Minn. Stat. 219.567 has a provision that allows <br />relief of ringing the bell and sounding the whistles in cities. <br />However, failure to ring the bell and sound the whistle increases <br />Soo's liability exposure. <br />Our Legal Department advises that the resolution in question <br />simply requires the City Clerk to contact the Soo. The resolution <br />informs the Soo of the desires of the City Council, but it does not <br />forbid the Soo from sounding it's horn or whistle at city streets. <br />As such, our Legal Department suspects that the resolution would <br />not exonerate Soo from liability for failure to sound the whistle <br />or bell should there be an accident at an exempted crossing. <br />Page 28 <br />