City Council Minutes 2003 07 15 - Laserfiche WebLink

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Louisville City Council Meeting July 15, 2003 Page 7 of 11 Davidson called for Staff presentation. Public Works Director Tom Phare reported on the May 20, 2003 City Council meeting, Staff presented a PUC Application Form for the Highway 42/96th Street crossing with BNSF railroad. Since that time, the application has been revised in paragraph 10 to include in the project pending the execution of a mutually agreeable construction and maintenance agreement between the City and the railroad, the construction of a connection from Lock Street to 96th Street, and the closure of the public Lock Street at grade railroad crossing. The South Street grade crossing, which is no longer in use, would be administratively closed. He noted Paragraph 9 was amended to remove reference to BNSF funding in the event the rail lowering was not agreed to. COUNCIL COMMENT Keany asked Phare if the City is losing two crossing that were not anticipated. Phare stated the railroad negotiated the crossings closure for the lowering of the rail. Keany asked if funding exists to extend Locke Street to the 96th Street Connection. Phare stated it has been budgeted. Keany asked if the City has the right-of-way. Phare stated it could be accommodated through the Mayhoffer property acquisition. Sisk asked if the City did not agree to the closures of the two crossings, would the City be compensated by the railroad. Phare stated the City could apply for rail crossing funds, however, the railroad would not agree to a lowered rail crossing, which has been a primary component of the project. He noted if the City did not request the lowering of the crossing, compensation would be made. Keany asked for a comparison of the cost of lowering and for raising the crossing. Phare stated the costs are relatively the same, whether the grade is raised or lowered. Brown noted the closure of the Locke Street crossing would not have been an issue if the Highway 42/96th Project did not require the lowering of the grade. Phare concurred and stated the railroad is contributing approximately $300,000 in-kind effort to accommodate the lowered rail. Sisk voiced his support of the lowered rail crossing and congratulated Phare on the successful negotiations with the railroad. MOTION: Sisk moved that Council authorize the Mayor to execute the Revised Public Utilities Commission (PUC) application for the Highway 96th Street Crossing with BNSF Railroad, seconded by Levihn. All in favor. 7