HomeMy WebLinkAboutCity Council Resolution 1987-579CITY OF PLYMOUTH
Pursuant to due call
and notice thereof, a
__�ecial
meeting of the City
CCL�'Ki o` the City
of Plymouth,
Minnesota,
w a heTd on
the 14th dzy of
September .
19 87 . The
following
members were
present:
Ma or Schneider Councilmembers
Vasiliou
Zitur, Crain
and Sisk
The following members
were a sent:
None
Councilmember Crain introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87-579
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: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
Page No. 2
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
Plymouth 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.
Resolution No. 87-579
Page 3
EXH13IT A
CHICAGO NORTHWESTERN RAILROAD
SOUTH FORK BASSETT CREEK CROSSING
COST SHARING
Crystal
Golden Valley
Medicine Lake
Minneapolis
Minnetonka
New Hope
Plymouth
Robbinsdale
St. Louis Park
Subtotal
Estimated CNWRR Contribution
ESTIMATED TOTAL CONSTRUCTION COST
Percent After
4.190
$ 3,352
37.941
30,352
0.791
632
16.301
13,040
0%
0
2.601
2,080
30.001
24,000
2.691
2,152
5.491
4,392
$80,000
20.000
$100,000
The motion for the adoption of the foregoing Resolution was duly seconded
by Councilmember Zitur , and upon vote being taken thereon, the
following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou,
Zi tier_ Crain and Sisk
The following voted against or abstained: None
Whereupon the Resolution was declared duly passed and dopte