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1999-091CITY 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 of Minnetonka 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 anon-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/Minnetonkahorder, 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 of the 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 along-term solution to the blocking operations that will result in removal of the operations from the three cities. 3. Prior to the installation of the 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 of the 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 13oulevard and 5th Avenue 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 St. 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 ~ Charles D. Redepenning, Ma or ~ ~- __ -- Attest° G%%~~~r/ ... ~ Te C~bermaier, City Clerk -~ _~