The city of Detroit Lakes has three options when it comes to the Whistle Free Zone -- close the Kris Street crossing, not have a Whistle Free Zone or continue with negotiations.
A railroad spokesman did not return a telephone message seeking comment, but City Attorney Bill Briggs gave an update on the Whistle-Free Zone at a city council meeting this week.
The city has been working for a year and a half on getting the Whistle Free Zone set in Detroit Lakes. When the Highway 10 realignment project was started, the city decided to go ahead with whistle free plans. The crossings are approved except for the Kris Street crossing due to the crossing gates.
"We have exchanged drafts of agreements with the railroad several times," Briggs said.
At the Kris Street crossing, when the crossing signal is activated, the gates come down on both sides of the tracks and there is a possibility someone could be caught between the tracks, he said.
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The Burlington Northern Santa Fe Railroad is trying to get the city to take full liability responsibility for any accidents at that crossing.
The railroad would upgrade and maintain the vehicle detection system, but the city would pay for all the costs related to it. It's the liability risk that has the city worried, though.
The city has a limit of $1.2 million in liability insurance for one event per the tort cap. This summer though, that cap will go up to $1.6 million. The railroad has no such cap.
"There might be a possibility of political pressures, but I'm not sure political pressure will help (in this situation)," Briggs said about contacting state representatives.
Another option is that the city could purchase extra insurance, Briggs said.
"The question is how much is enough," he said.
One example is from Anoka where the plaintiff won a $24 million verdict against BNSF for a case involving the death of teenagers, with the potential for $45 million more as a punitive measure against the railroad for alleged legal abuses against the family filing the original lawsuit.
In a contract like the one being proposed, the city would be responsible for those millions.
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"The city has little leverage in this matter," Briggs said on asking for deadlines and getting responses.
Detroit Lakes resident Scott Mehlhaff said not continuing with the Whistle Free Zone shouldn't even be an option.
"It would be hard for the public to accept because it was part of the (Highway 10 realignment) deal," he said.
He requested the city council update the public monthly on what's going on with the zone.
Alderman Bruce Imholte said he wants to see the contracts with other cities throughout the state sent to all state political officials, showing them what the railroad is asking of Detroit Lakes. The rest of the council agreed, and letters will be sent.
