(The Herald and News posted the following article by Jennifer Bates on its website on May 7.)
KLAMATH FALLS, Ore. — An administrative law judge in Salem may end up deciding if the Laverne Avenue railroad crossing should be closed.
A private meeting about the closing of the railroad crossing concluded last Tuesday with no agreement between affected parties.
The meeting included representatives from the Burlington Northern Santa Fe Railroad, Klamath County, the city of Klamath Falls, Oregon Department of Transportation’s Rail Division, and ODOT’s Road Division.
Klamath County Commissioner Al Switzer attended the meeting and offered options and alternatives for BNSF to consider. None of them met with agreement from the railroad.
BNSF filed an application with the state Rail Division last September to close the heavily-used crossing located immediately adjacent to the railroad’s switching yard.
Switzer said the county is opposed to closing the crossing. Last week he submitted an offer on behalf of the county to split the cost of an overpass with BNSF. An overpass would cost an estimated $5 million.
“The railroad turned the deal down,” Switzer said.
In addition to building an overpass at the crossing, the county was also considering construction of an overpass at the nearby intersection of Tingley Lane and the Southside Expressway, an intersection considered a major safety concern.
A second suggestion offered by both ODOT Road Division and the county was for BNSF to close a different railroad crossing, other than Laverne Avenue.
BNSF officials turned down that idea also, Switzer said.
ODOT south-central area manager Mike Stinson said the Road Division recommended the Laverne Avenue crossing could be closed with conditions.
The conditions included installation of crash gates that could be used by emergency vehicles, and access for business vehicles. ODOT also wanted the option to build an overpass sometime in the future.
Stinson said BNSF didn’t agree to that deal either.
Another alternative was offered by ODOT Rail Division. The offer was for BNSF to pay for the cost of the cul-de-sac on the north side of the crossing if ODOT paid for the cul-de-sac on the south side. Cost to the railroad would be about $88,000.
ODOT Rail Division spokesperson Mac McGowan said all parties agreed last week to take two weeks to review the situation.
McGowan said one of three things can happen at the next meeting.
“The railroad could withdraw its application, the application could go to an administrative law judge, or all parties could agree to close the crossing,” he said.
McGowan didn’t hold out much hope for BNSF to withdraw its application, or for all parties to agree on closure.
The railroad company applied for the closure in September 2002.
Initially, the railroad company said the reason for the closure was for safety issues. But, last January, railroad officials admitted the closure was for upgrading technology and cutting costs.
The application process was nearly complete in November 2002, when it was discovered local public comment had been excluded from the record at ODOT’s Rail Division in Salem.
Since then, the application process was restarted and two public meetings have been held.
From public testimony taken at those meetings, it was clear many local people were opposed to the closure for two reasons: safety and cost.
If the Laverne Avenue crossing is closed, many believe traffic would become even more dangerous at the intersection of Tingley Lane and the Southside Expressway.
The re-routing of traffic is also a cost factor to many local residents and business owners.
If the matter remains unresolved between BNSF, state and local authorities after the next meeting, the issue will go to a public hearing before an administrative law judge in Salem.
BNSF spokesperson Gus Melonas said the railroad company is considering all options.
Stinson said the final meeting has not been scheduled.