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HomeMy WebLinkAbout87-125 - ADMIN Resolution - City Council - 1987/09/08RESOLUTION NO. 87-125 A RESOLUTION RELATING TO EMERGENCY CONSTRUCTION TO CROSS THE CHICAGO NORTHWESTERN RAILROAD TRACKS - SOUTH FORK OF BASSETT CREEK - AND WAIVING THE RIGHT TO A HEARING WHEREAS, on July 23, 1987, the Bassett Creek watershed incurred a rain storm which deposited as much as 10 inches of rain in some areas, and WHEREAS, the Bassett Creek Water Management Organization has adopted a surface water management plan which includes a Capital Improvement Program outlining capital work which will be necessary in future years. As a part of said plan the Bassett Creek Water Management Commission plans to replace a crossing of the Chicago Northwestern Railroad tracks located on the South Fork of Bassett Creek upstream of Sweeney Lake with a concrete culvert to replace two existing 48" metal pipes, and the estimated cost of the capital improvement is $171,300. The estimated costs are established on the basis that the pipe would have to be "jacked" under the railroad tracks and the rail line would remain open during construction, and WHEREAS, the July 23rd storm caused one of the 48" in-place pipes to fail and damaged the other pipe and also caused damage to the rail embankment and has placed the track in a position that another storm could cause the embankment to collapse and, therefore, the Chicago Northwestern Railroad proposes to replace the damaged pipe with a new metal pipe of the same style, and WHEREAS, the City of Golden Valley questioned why an old -type inadequate pipe should be installed when it will have to be torn out in the near future and replaced with a concrete culvert by the Bassett Creek Water Management Commission and negotiations have been carried out with the railroad company, and the Chicago Northwestern has agreed to pay $20,000 (their estimated cost) toward a permanent -improvement which meets the standards of the Management Plan. The railroad has also agreed to close the track for a period of time to allow installation of a new concrete culvert and this allows for "open cut" construction rather than "jacking" under the track. This course of action reduces the estimated cost from $171,300 down to $100,000 and after the $20,000 contribution by the Chicago Northwestern Railroad the estimated total cost to the nine member Cities who make up the Bassett Creek Water Managment Commission is $80,000, and WHEREAS, the Bassett Creek Water Management Organization pursuant to the provisions of the Joint Powers Agreement has called a hearing for October 15, 1987, to discuss the improvement costs and they will go forward with that hearing unless all nine member Cities waive their right to a hearing and agree to provide their share of the necessary funds to the City of Golden Valley who will do the construction. Their estimated cost shall be calculated pursuant to the Joint Powers Agreement, and WHEREAS, this is an emergency situation since another rain storm could wash out the railroad embankment causing great damage to other properties in Bassett Creek, and the Bassett Creek Water Management Commission has recommended that the member Cities be asked to agree to a waiver of the Joint Powers provisions calling for a hearing, and if all nine member City Councils approve this waiver the Commission will designate Golden Valley to carry' out the construction as soon as possible. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF St I nuis Park, Minnesota AS FOLLOWS: 1. The City agrees to waive its rights to a hearing pursuant to Article VII, Subd. 5, of the Bassett Creek Watershed Joint Powers Agreement. 2. The City further agrees to have Golden Valley contract to replace the two 48" metal pipes crossing the Chicago Northwestern railroad tracks with a new concrete culvert subject to the following: a. Compliance with applicable municipal contracting laws. b. c. Attest: A contribution by the Chicago Northwestern Railroad of $20,000 toward the improvement cost and the railroad agreeing to close down the track so that construction can be "open cut" rather than "jacking". Agreement of all nine member Cities of Bassett Creek to waive the hearing requirements in the Joint Powers Agreement and agreeing to be bound and pay the estimated assessment as set forth in the attached Exhibit A. Adopted by the City Council September 8, 1987 Reviewed for administration: Approved as to form and execution: 1:_,CL,- iill Citi -Attorney EXHI3IT A CHICAGO NORTHWESTERN RAILROAD SOUTH FORK BASSETT CREEK CROSSING COST SHARING Percent After Land Credits Cost Share Crystal 4.19% $ 3,352 Golden Valley 37.94% 30,352 Medicine Lake 0.79% 632 Minneapolis 16.30% 13,040 Minnetonka 0% 0 New Hope 2.60% 2,080 Plymouth 30.00% 24,000 Robbinsdale 2.69% 2,152 St. Louis Park 5.49% 4,392 Subtotal $80,000 Estimated CNWRR Contribution 20,000 ESTIMATED TOTAL CONSTRUCTION COST $100,000 CNR/321,10/tmk