87-089 - 09-01 Construction Cross Chicago Northwestern RR Tracks, South Fork of Bassett Creek Waive Right to HearingResolution 87-89
September 1, 1987
Member Thompson introduced the following resolution and moved its adoption:
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 Management 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.
Resolution 87-89 - Continued
September 1, 1987
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden
Valley 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. 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".
c. 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.
5 %la, &. -,,, �, ,
Lary E. rBerson, Mayor
ATTEST:
I
kJ� a
J d Nall , Deputy C ty Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Stockman and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Bakken, Johnson, Stockman and Thompson; and the following
voted against the same: none, whereupon said resolution was declared duly
passed and adopted, signed by the Mayor and her signature attested by the Deputy
City Clerk.
Resolution 87-89 - Continued September 1, 1987
EXHIBIT 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°%
O
2.60%
2,080
New Hope
Plymouth
30.00%
24,000
Robbinsdale
2.69%
2,152
St. Louis Park
5.49%
4,392
$80,000
Subtotal
Estimated CNWRR Contribution
20,000
ESTIMATED TOTAL CONSTRUCTION COST
$100,000