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Council reapproves Eighth Avenue crossing easement for Camp Ripley project after debate over fees

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Summary

The council reapproved an easement agreement closing the Eighth Avenue Northeast crossing to enable a Camp Ripley museum crossing; some councilmembers questioned whether the railroad and process had improperly required a closure fee and asked staff to investigate statutory requirements.

The Little Falls City Council reapproved an easement/vacation related to the Eighth Avenue Northeast railroad crossing on March 3 to allow Camp Ripley to obtain an additional crossing for a National Guard museum project.

Greg, city staff, told the council BNSF and Camp Ripley had revised attorneys’ language and that the city’s portion of the agreement “really wasn’t any changes on ours” but that other parties modified their sections. He said Camp Ripley is handling elements of the application and that the administrative fee listed in the agreement — $2,500 — will be reimbursed to the city by Camp Ripley.

A councilmember objected and said he had spent time researching railroad-crossing law and questioned whether the city should be paying or collecting annual crossing fees; he said he believed the railroad may be adding conditions beyond statute and asked staff to confirm whether the railroad’s requested payments and requirements were lawful. Greg responded that Camp Ripley would reimburse the city for the administrative fee and that the council could decline the closure if it wished.

After discussion the council voted to approve the easement/closure as presented. The motion was moved and seconded and passed on a roll call vote.

The dissenting councilmember asked staff to follow up with specific questions about whether the city had properly been charged annual crossing fees and whether the railroad’s interpretation matched state statute; staff agreed to investigate and report back.

Votes at a glance: reapproval of Eighth Avenue crossing easement (Camp Ripley / BNSF) — adopted; staff to research statutory fee authority and report findings to council.