CR 99-202 Operations Agreement- Railroad Switch Addition in Hopkins
October 29, 1999
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Council Report 99-202
OPERATIONS AGREEMENT-RAILROAD SWITCH ADDITION IN HOPKINS
Staff recommends adoption of the following motion: Move to approve the contractual
agreement for purchase of materials and labor for installation of a new crossover and
revisions to the Twin Cities and Western Railroad blocking procedures within the cities
of Minnetonka. St. Louis Park. and Hopkins.
Adoption of this motion will result in the probable construction of a railroad switch in
Hopkins this year.
Overview
At the September 21, 1999 City Council meeting, City Council authorized the City
Manager to negotiate an operations agreement for a railroad switch on the CP rail line
in Hopkins.
The staff has been working with the cities of Minnetonka and St. Louis Park to form an
agreement along with the operator of the rail line, TC&W.
Attached is a copy of the resolution passed by the Council in September, as well as a
copy of the proposed agreement that discusses the arrangements for the use and
discontinuance of the switch.
Staff is recommending approval of the agreement. The City Attorney's office is currently
reviewing the agreement and will provide comments prior to the Council meeting.
Primary Issues to Consider
. What are the operational components of the agreement?
Supporting Documentation
" Resolution 99-091
. Contractual agreement
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Steven C. Mielke
City Manager
CR 99-202
Page 2
Staff Analysis of Issues
. What are the operational components of the agreement
The agreement lays out the short- and long-term objectives of the agreement, with
the short-term objective being the reduction of noise levels for residential living
areas, with a long-term goal of eliminating all blocking operations from the three
cities.
The agreement describes the location of the new switch that would be located
approximately 3600 feet west of Fifth Avenue in Hopkins. The agreement calls for
the use of that switch during the evening hours, with an even distribution of daytime
blocking operations using the three existing blocking locations.
The cities of Minnetonka and St. louis Park would agree to purchase and pay for
the installation of the new switch and related materials. The cost of this installation
is estimated at $87,272. Hopkins will have no cost requirements for installation.
The project will be constructed during the end of November, assuming weather
conditions permit.
The agreement goes into great detail about the revised blocking procedure,
specifying that trains that are longer than 60 cars must be first broken down into
two segments before the blocking can occur. That means storage of those
additional cars will happen either to the east or west of the new switch, while the
remaining 60 cars are put into their correct blocking order. The contract also calls
for no blockage at Fifth Avenue, as a result of these blocking procedures.
The agreement calls for monitoring and reporting of conditions during this
operational period.
The period of the contract is two years, at which point if there is not significant
progress in moving to the long-term agreement, the member parties agree to meet
to talk about the status of the long-term solution. The agreement also gives the
authority to any of the parties to abandon the project if the objectives are no longer
being met.
If the project is abandoned and the switch is no longer to be utilized, Hopkins will
have the right to require discontinuance of the usage of the switch.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 99-091
RESOLUTION APPROVING CONDITIONS FOR ACCEPTANCE
OF A RAILROAD SWITCH ON THE CP RAIL LINE IN HOPKINS
WHEREAS, residential neighborhoods within the cities ofMinnetonka and St. Louis Park are
experiencing railroad operations noise problems; and
WHEREAS, Hopkins, Minnetonka, and St. Louis Park all find reason to find solutions to railroad issues;
and
WHEREAS, studies have been conducted by the three cities, looking for long-term solutions to railroad
disruptions; and
WHEREAS, discussions have found a potential short-term solution to the residential neighborhood issue
by installing a switch in a non-residential portion of Hopkins; and
WHEREAS, noise studies have been conducted to determine the impact of adding a switch in Hopkins
and have found the likelihood of disruptive impacts to be minimal; and
. WHEREAS, the City of Hopkins wishes to work with its neighboring communities to resolve these noise
Issues.
NOW, THEREFORE, be it resolved by the City Council of the City of Hopkins, that the City of
Hopkins will not object to the installation and use of a switch for train blocking purposes on the CP rail
line in the area east of the Hopkins/Minnetonka border, subject to the following conditions:
1. The use of the switch is limited to a two-year period from the installation completion date. The City of
Hopkins may grant an extension beyond the two-year limit if, in the sole discretion ofthe City of
Hopkins, significant progress is being made to move all blocking operations to a location outside the
City of Hopkins.
2. That resolutions be adopted by Saint Louis Park and Minnetonka committing themselves to the
continued efforts to find a long-term solution to the blocking operations that will result in removal of
the operations from the three cities.
3. Prior to the installation ofthe switch, the cities of Hopkins, Minnetonka, and Saint Louis Park
together with TC& W will agree upon and approve an operational plan that describes the methodology
and usage ofthe blocking operations in the three cities. It is assumed in this resolution that the new
switch is used for blocking operations primarily during the hours of 8:00 p.m. and 6:00 a.m., and that
blocking operations during other time periods be shared between Minnetonka and Saint Louis Park. It
is also assumed that the switching operations in Hopkins are limited to 60 cars in length. The
operational plan will address how the operations will improve traffic disruptions at Excelsior
Boulevard and 5th A venue South. A letter of commitment from the Twin Cities and Western Railroad
Company (TC&W) indicating it's agreement and commitment to this clause shall be received by the
City of Hopkins prior to installation of the switch.
4. The City of Hopkins reserves the right to monitor the rail operations and to require the removal of the
switch by the cities of Minnetonka and/or Saint Louis Park or TC&W should the operations be found
to not be in compliance with the operational plan. Removal can also be required if the operations
consistently exceed State of Minnesota Noise standards or consistently results in levels of impulsive
noise that the City of Hopkins finds to exceed the level necessary to preserve public health and
welfare.
5. The cost of the switch installation will not be borne by The City of Hopkins.
THEREFORE BE IT FURTHER RESOLVED that the Hopkins City Council directs the City Manager
and the City Attorney's office to work with the communities of Minnetonka and S1. Louis Park to
complete an operations plan and to implement the conditions authorized in this resolution.
Adopted by the City Council of the City of Hopkins this 21st day of September, 1999.
By
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Obermaier, City Clerk
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Contractual Aereement
FOR: Purchase of Materials and Labor for Installation of a New Cross-Over and
Revisions lo the Twin Cities & Western Railroad Blocking Procedures within the
Cities of Minnetonka, 51. Louis Park, and Hopkins.
The following document serves as a contractual agreement between the Cities of
Minnetonka (MTKA), $1. Louis Park (SLP), and Hopkins (HOPKINS) (collectively
CITIES); Twin Cities & Western Railroad Company (TCWR); and Canadian Pacific
Railway (CPR). .
Project Objectives
The short-tenn objecti ve of this project is to reduce the noise levels experienced by
residenrs living adjacent to the rail segments that are used fot blocking operarions by
TCWR This is to be accomplished withoUI increasing noise levels to residents not
cU1Tently affected by the operations, and without obstructing the Fifth Avenue grade
crossing during the operat;on.
The long-term goal is to eliminate all blocking operations from the three cities. The use
of the track segmenr in Hopkins is considered as a temporary improvement while a
permanent solution is pursued. The CITIES agree to work together toward a solution that
would move all blocking operations out these cities.
Project Deser-iption
The agreement provides for the CITIES to purchase materials from TCWR and Jabor
from CPR to install a new crossover between [he CPR's Bass Lake Spur mainline track
and the parallel sidetrack at a location approximately 3600 feet west of Fifth Avenue in
Hopkins, Minnesota.
The agreement requires TCWR to use the new cross-over to perform its blocking
operat.ions that occur between 10:00 p.m. and 7:00 a.m. on all days of the week, and to
evenly distribute daytime blocking operations using the three ex.isting blocking locations.
1.0 Crossover Materials and Installation
1.1 Equipment Purchase
MTKA and SLP agree to pay TCWR a sum of $40,000 for materials for the
installation of a new crossover. This price includes delivery ro rhe sire. Any
required materials that are not included in the Jjst below will be considered
incidental and will be provided by TCWR at no additional cost. The turnouts and
connecting track shall remain the property of TCWR.
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. (2) Reconditioned number 9 turn-outs
· Connecting track
· Ballast (including providing a locomotive to dump ballast)
. Ties, plates, spikes, and miscellaneous hardware
1.2 Labor for Track Installation
MTKA and SLP will pay CPR a sum of $47,272 (plus provision for up to an
additional 10% for contingencies) for the labor to install the above materials.
CPR will provide an itemized invoice to MTKA and SLP upon completion.
1.3 Construction Schedule
TCWR must have all materials delivered to site by November 15, 1999. The
construction will begin Tuesday, November 16,1999. Project is to be completed
by Wednesday, November 24,1999.
1.4 Construction Specifications
All track construction will be performed according [0 AREA specifications.
Canadian Pacific Railway will warranty the labor for a period of one-year
following construction completion.
1.5 Track Maintenance
Maintenance on the new crossover will be pelfOlmed by CPR. Maintenance
resulting from defects in the installation will be the responsibility of CPR.
Maintenance resulting from faulty materials will be the responsibility of TCWR.
The cost of normal track maintenance will also be borne by TCWR.
Any costs associated with repair to rail and/or rail cars resulting from a derailment
occurring on the proposed crossover are the responsibilities of the opera[ing
railroad company.
1.6 Payment
MTKA and SLP will pay TCWR a sum of $40,000 for materials, and CPR a sum
of $47,272 plus contingencies for labor within 30 days from the completion date.
Cost~split is population based (MTKA - 52,176 (54.3%), SLP - 43,967 (45.7%)).
MTKA will pay a sum of $47,361.78, with an additional $2,565.41 budgeted for
labor contingency, tota} responsibility not [0 exceed $49,927.19. SLP will pay a
sum of $39,910.22, wi th an additional $2,161.79 budgeted for labor contingency,
total responsibility not [0 exceed $42,072.01.
2.0 Revisions to Blocking Procedures
2.1 Current Blocking Procedure
Westbound TCWR trains pick-up rail cars from the river terminals in NOlth
Minneapolis Or Savage or from Class 1 Railroad switching yards in St. Paul. Tbe
cars are picked up in [he order that they become available, resulting in a random
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ordered train. The cars must be rearranged into an appropriate sequence before
delivering to clients.
TCWR uses switches to double track at three different locations (Figure 1). Each
of these locations has adjacent residential land-use. Trains are split and re-
coupled repeatedly until the train is sorted into the proper order (Figure 2). A
typical blocking operation duration is 30 minutes to four hours.
2.2 Revised Blocking Procedure
Blocking operations [hat begin after 7:00 a.m. and are completed prior to 10:00
p.rn will continue to be performed as they are at present. TCWR has agreed to
make efforts to evenly distribute the "daytime" blocking operations between the
three existing blocking locations during the daytime hours. The term "even
distribution" is undefined in terms of operation hours. Crews will vary the
locations so that each of the three ex.isting blocking locations is receiving an
approximately equal number of blocking operations on a day to day basis. TCWR
will make efforts to avoid using one location for a majority of the blocking during
anyone-week time interval.
For blocking operations that extend beyond 10:00 p.m., or begin between the
hours of 10:00 p.m. and 7:00 a.m., TCWR will utilize the new crossover in
Hopkins_
During these hours, TCWR trains of less than 60 cars in length will be blocked
using the new crossover. All blocking activities will take place in the segment
between Shady Oak Road and Fifth Avenue.
For trains exceeding 60 cars in length, TCWR will perform blocking operations as
follows:
· The train will be split into two segments at some point east of Fifth A venue_
One segment will be left at this point while the remaining segment will be
dri ven to the new switch west of Fifth A venue where it will be blocked. Once
blocked, that segment will be driven west beyond the switch west of
Dominick Drive and backed onto the sidetrack between Dominick Drive and
the new switch. The engine will then return to the mainline and drive east to
pick-up the second segment. The second segment will then be blocked at the
new switch. Once this segment is blocked, the train will be carried west to
Dominick Drive and connected to the first segment. The entire train will then
be blocked using the Dominick Drive switch. Typically, this will only require
a few cuts, and will minimize the activity within the residential area near
Dominick Drive.
Additional procedures may be considered, but must be accepted in writing by all
parties and added to this docllment as a Contract AmendmenL
Maintaining vehicular traffic across the grade crossing at Fifth Avenue in
Hopkins is crucial. At no time during the blocking process may rail cars block
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Fifth Avenue or approach the street crossing to the point that the crossing gates
are activated.
2.3 Anticipated Impacts
Land use adjacent to the proposed blocking segment is primarily industrial or
commercial. Based on noise studies of simulated blocking operations during the
summer of 1999, noise impacts from the relocated operations will not ex.ceed the
Minnesota Pollution Control Agency (MPCA) noise standards to any residential
areas for trains with less than 60 cars.
Longer trains, however, will be required to make their final cuts at the Dominick
Drive switch. Since the train will be composed of two segments that have already
been blocked in the non-residential segment, the duration of the operations at
Minnehaha Creek or Dominick Drive will be less than what is currently being
peLformed at these locations.
2.4 Reporting Progress
The following reports will be prepared to assure that this project i~ achieving its
objectives.
1. RLK-Kuusisto, Ltd. will maintain its current voice mail hotJine at (612) 922-
8258, ext. 128. This phone number will be distributed to residents, city staff,
and railroad companies to report feedback on the operation change~_ A report
will be sent to all parties each month.
2. TCWR will keep a journal of its blocking operations (for both daytime and
nighttime operations). A journal entry will be made for each blocking
operation including a rail car consist list, the location (or procedure for
nighttime operations of trains exceeding 60 cars), and the start and completion
time for the operation. The journal will be sent [Q all parties each month.
3. TCWR will also keep track of any additional operational costs that result from
the revisions in their blocking operations. Trains of less than 60 cars, or trains
blocked between the hours of 7:00 a.m. and 10:00 p.m. will not be considered.
TCWR is required by law to keep rail logs that contain information that may
satisfy one or more of the above reporting requirements. TCWR will provide a
copy of these report~ to the CITIES. The CITIES will detelmine if submitting
reports in the existing fonnat will satisfy the reporting requirements.
2.5 Duration of Operational Changes
This operational change is considered temporary while a pennanent solution is
developed. It is anticipated that the permanent solution will be completed within
a rime period of two years. If significant progress has not been made on a long-
tenn solution by December 1, 2001, rhe CITIES and TCWR will meet to
determine how the blocking procedures will be conducted beyond that date.
2.6 Project Non-Performance
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The performance of the project will be continually evaluated by the CITIES and
by TCWR. Each of these parties reserves the right to abandon the project at any
time if the project is not achieving its objectives.
If the project is abandoned for any reason, TCWR will refund the material
purchase price of $40,000 to MTKA and SLP. In such case, HOPKINS has the
power to prohibit TCWR from blocking trains at that location.
2.7 Long-term Considerations
The materials and labor costs borne by MTKA and SLP, totaling $87,272 will be
considered as contribution to a permanent solution. It is the intention of all
parties, that the two turnouts and miscellaneous materials be salvaged for use in
construction of a permanent solution.
Material costs exceeding the $40,000, as well as the additional operational costs
bome by TCWR to perform the blocking operations defined in this short-term
solution will be considered as a contribution toward a long-term plan.
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The undersigned understands and agrees to all terms of this contract.
Canadian Pacific Railway
Date:
Gary U. Mentjes, Manager Public Works
Twin Cities & Western Railroad Company
Date:
William F. Drusch, Pres idem
City of Minnetonka
David Childs, City Manager
Date:
City of St. Louis Park
Charles Meyer, City Manager
Date:
City of Hopkins
Date:
Steven Mielke, City Manager