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01-222CI't`Y OF ST. PAUI, COIINCIL FILE NO. 0 �� a�� (( y tp FINAI, ORDER BY FILE NO. 1893 � �_ ` VOTING WARD 7 `�� N�a.r�h ''1 � e�.00� In the Ma.tter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. that the potential developer would need to get all the:.appropriate City permits, site pl and any other City regulations that coincide with this project before this project takes place. � under Preliminary Order �\— �1� approved �w7� �. t�-t10 � The Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due notice thereof having been given as prescribed by the City Charter; and WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improvement and has fully considered the same; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul does hereby order that the above-described improvement be made, and the proper City officers are hereby directed and authorized to proceed with the improvement; and be it � FURTHER RESOLVED, That upon the completion of said improvement, the proper City officers shall calculate all e�cpenses incurred therein and shall report the same to the City Council in accordance with Chapter 14 of the City Charter. COUNCILPERSONS Yeas � Nays VBenanav ✓f3lakey c/�y strom ✓�oleman djarris .� ry eiter 1 In Favor QAgainst Adopted by Council: Date�� d\ Certified Passed_by Council Secretary �r � c � - �a.s- .M.S./REAI. ESTATE DIVISION Date: February 12, 2001 reen Sheet Nwmber: 100898 onfac[ Person and Phone Num6fr. � EPABTMENT DIRECfOR 1 CI7'Y COONCII. Louise A Langberg`� 266-8861 �" `�� `TY`�""` usc ne on co�a a�aa by: February 21, 2001 �� DIILECIOR t�ce oF ruv,uvcw, svcs. or a Public Hearing on March 7, 2001. Yox cox nssisr,�n ESfATE D[VLSION OTAL # OF SIGNATURE PAGES L (CLIP ALL LOCATIONS FOR SIGNATURE) CTiON REQUESTID: . Set a Public Hearing date of March 7, 2001 to discuss the construction of a sanitary sewer and service connections in the area of Point Douglas Road from Carver Avenue, south to the city limit ( File No.18932 ) . Approve said project COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSK'F.R TfIE FOLLOWING: . Has the persodPrm ever worked under a contract for this depariment? YES NO eurvivmc co��on A srnee . Has this persodfirnt ever been a City employee? YES NO CR'Q. SERVICE COMMLSSION . Does this persodfrm possess a skill not normally possessed by any YES NO Cis commtTrF.E , eurreut Cily employ¢e? E Iain�all YES answers on a se arate sheet and attach. UPPORTS WHICFI COUNCIL BJECTIVE? UNCIL WARD(S) 7 DISTRICT PLANNING COUNCIL 1 17ATING PROBLEM, ISSUE, OPPORT'UNITY (Who, What, When, Where, K'hy?): Many properties in this area are served by individual septic systems, many of which are ex eriencin roblems. A etition has been received for sanitary sewer im rovements. DVANTAGES IF APPROVED: Property owners abutting the sewer construction would be able to connect up with the public sanitary sewer. ISADVANTAGESIFAPPROVED: Usuat construction noise and disruption. Also, the property's share of the cost to construct the sewer would be assessed at the time the property connects to the system. ISADVANTAGES IF NOT APPROVED: Property owners with failing septic systems wouid have to repair or repiace their existing systems. � OTALAMOUNTOFTRANSACTION: $']S�I�ZOO COST/RGVENULBUDC��.��L�� YES NO iyS� stc somtcE: public Financing Authority loan (PFA) A�T[v�TY N�JMBEx: and Assessments F�� ' '. ��`� ¢ ANCIAL INFORMATION: (EXPI.AIN) portion of the PFA loan will be repaid by progerty assessments as properties connect to the sanitary sewer. FA loan: $441,474.20 Assessments: $315,725.80 P❑INT D�UGLAS SANITARY SEWER CITY PR�JECT N0, ❑�—S-1893 � _ o�.�� N�RTH �-----•--• PROPOSED SANITARY SEWER o i -a�-8- SUMMARY OF ENGINEERING RECOMMENDATIONS POINT DOUGLAS SANITARY SEWER CITY PROJECT NO. 00-S-1893 NEIGHBORHOOD INFORMATION MEETING MAY 4, 2000 PUBLIC HEARING - PENDING PROJECT: Construct a public sanitary sewer in Point Douglas Ftoad, from Carver Ave. south to approximately 600' north of the south City limits. EXISTING CONDITIONS: The project area is presently served by individual sewage treatment systems. We have received a petition for public sanitary sewer improvements. Problems with individual sewage treatment systems have been reported. PROPOSEDIMPROVEMENTS: Construct a pubiic sanitary sewer and sewer service connections in Point Douglas Road, from Carver Ave. south to approximately 600' north of the south City limits. Restoration will be in kind. ALTERNATIVE : To do nothing would require the property owners with failing individual sewage treatment systems to repair or repiace their existing individual sewage treatment systems. POSITIVE BENEFITS: Public sanitary sewer will be available to properties abutting the sewer construction and pubiic sanitary sewer would be available to an area of potential development. ADVERSE EFFECTS: Normal problems associated with construction such as noise, dust, reduced access to property and general disruption wiil be present. Area of potential development would have to be served by individual sewage treatment systems. COST ESTIMATES: Sewer Construction $600,000 Engineering & Inspection $111,000 Real Estate Service Fee 46 200 Total $757,200 ESTIMATED FINANCING: Public Financing Authority loan (PFA) $757,200 ��-a^�' A portion of the PFA loan will be repaid by property assessments as properties connect to the sanitary sewer. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Joe Muelier, at (651) 266-6149. RECOMMENDATION: The Department of Public Works makes no recommendation in this matter. The project was initiated from a petition. Respectfully submitted, - /�' Thomas J. Eggum Director of Public rks CITY OF 3T. PAIIL PRELIMINARY ORDER COIINCI FILE NO. O � � \� � SY FILB NO. _189 VOTING WARD _7 o � -'�.a� � Ia the Matter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said report, hereby resolves: 1 E 3. That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $757,200 financed by a Public Financing Authority loan (PFA) of $441,474.20, and assessments of $315,725.80. That a public hearing be had on said improvement on the 7 of March. 20�1, at 5:30 o'clock P.M.. in the Council Chambers of the City Hall and Court House Building in the City of Saint Paul. That notice of said pvblic hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanav ✓B�lakey ✓�ostrom ✓Cpleman '� arris ✓L�ntry �� ei ter Adopted by Council: Date ��O\ Certified Passed by Council Secretary ? In Favor By ��..� a. . � }•�ti �- - - � QAgainst Mayor BEST & FLANAGAN LLP ATTORNEYS AT LAW 4W0 US Bank Place 601 Second Avenue South ,•. eapolis, Minnesota 55�1421F331 Telephone 612 339 7121 Facsimle 612 339 5897 xmm.bestlaw.rnm D"uect Dial: (612) 341-9715 E-mail add�est: mfrazie�dbestlaw.com Roben L. Crosby Leonerd M. Addmgton N. Walrer Gra(f Allen D. Bamard Richard A. Peterson Roben 7. Christiansoq )r. Frmnk J. Walz Frank Yogl Mannus W. Van Pu¢en, Jr John A. Burton, Sr. James C. Dirncies Thomas B. Heffelfinger Roger R. Rce, Jr. Robett L. Mellen Jr. Nloms E. Knopf Judith A. Rogosheske Scon D. Ellar Charles C. Berqmst E. Joseph LaFave G�egory D. Soule Cathy E. Gorlin Pamck B. Aennessy T�mothy A. Sullivan Da�iel R.W. Nelson DaWid 7. Zubke S�even R. Kruger PaulE.Kaminski Ross G Formell Caryn S. Glover Mary E. $heazen Barbara M. Ross Catherine S. Courtney Jeannice M. Reding Sarah Crippen Madiwn Robert D. Mahu Christopher D. ]ohnson J�11 B. Laorr Daniel A.Kaplan Robert M. Lewis Jeanneue O. Hoegge Demu M. Bmnson Cymhia L Hegarty Marlene A. Petersen Michelle Bergholz Fraz�er David G Muiphy Hazel J. �y oFCOC�se� wara a. c�,.;s a«n;n�a s�n<� Aobex M.Skare Jo6n R. Carroll James D.Olson Srott P. Mcen Ja�� i. ses� ,mz-,� Roben ]. Flanagzn �asa ira March 6, 2001 Mayor Norman Coleman Ramsey County Courthouse Room 390 St. Paul, MN 55102 St. Paul City Councilmembers C1YY Hall 15 West Kellogg Boulevard St. Paul, N1N 55102 Re: Point Douglas Road Sanitary Sewer Project Deaz Mayor Coleman and City Councilmembers, �� ol-aa� As you know, a public hearing is scheduled for VJednesday, March 7, 2001 to consider approval o£the Point Douglas Road sanitary sewer project. This project involves the installation of a public sarutary sewer system along Point Douglas Road from Carver Avenue to the limits of south St. Paul. The azea affected by this proposed project, commonly referred to as the Highwood area, is zoned R-LL, one-family large lots residential. All lots in the area currently contain individual on-site septic systems and private wells. Because a ma}ority of these individuai systems aze failing or nonconforming, I am writing this letter on behalf of my clients, J.A. Cadwallader, Birger Kylander and Silver Oak Development LLP, in support of the proposed public sewer system. Pursuant to Highwood Development Policies, the individual systems currenfly operating on the Highwood azea's residential lots must be functioning properly or be repaired, replaced, or conected by the proper[y owner. E�ibit l. Highwood Development Policy SH2-3. Because the Highwood azea sits in the Mississippi River Critical area, the individual systems must be inspected annually, and the wells must be tested every three (3) yeazs. E�ibit 1. Highwood Development Policies SH-2-3-4. Not only do the Highwood Aevelopment Policies perxnit the City to abate the nuisance created by a nonconforming or failing system, but St. Paul City Ordinance requires the City to ensure each individual system is upgraded, repaired or discon6nued within 10 months of FOUVDED I926 LS i - a� Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 2 noncompliance. St. Paul City Ordinance 50_ ll. Minn. Stat. § I 15.55 further states that the City must order a failing system be upgraded, replaced or discontinued. Based on these state and local mandates, it is the CiTy's responsibility, through timely inspections and testing, to assure that individual sewer systems in the Highwood area are functioning properly. But in or around June 2000, the City surveyed the Highwood area regazding the constnxction of a public sanitary sewer system by sending siactp-six (66) survey cazds to the owners of the 66 tased pazcels in the azea. Of these 66 parcels, two are being taken by the City and were not considered. Of the remaining 64 parcels, owners of 39 parcels voted in favor of a public system; owners of 13 pazcels voted against a public system; owners of 3 parcels were undecided; and owners of 8 pazcels failed to respond. Five of the owners in favor of the public system currently operate a failing system; four of the owners opposing a public system operate failing systems; all of the undecided owners operate failing systems; and one of the undecided owners operates a failing system. Failing systems include systems that (1) show evidence of a cesspool; (2) lack proper drain fields; (3) show evidence of a dry well; (4) do not abide by the Minnesota Department of Health's minimum separation distance requirements between well and sources of possible contamination; and/or (5) lack documentation establishing their compliance with state and local requirements. According to Thomas Egguxn, Director of Public Works, the failing systems in the Highwood area have been reported to the City and, if a public system is not constructed, these systems must be repaired or replaced. E�ibit 2. Echoing this opinion, Sara Christopherson, Extension Educator for the University of Minnesota's Department of Biosystems and Agricultural Engineering, has also opined that these failing systems "must be upgraded to assure protection of the public health and the environment." E�ibit 3. Because many of these lots do not have room for a new on-site system, the necessary upgrades would require non-standazd systems that are more expensive than traditional trench systems. Id. Given these facts, it is evident that the City's past attempt to assure that the individual systems in the Highwood azea comply with state and local code has failed. This oversight not only poses a direct threat to the health and safety of Highwood area residents, but it also demonstrates that a public sanitary sewer system is necessary to conect this continuing noncompliance. The proposed public sewer system allows Highwood area residents with failing systems to replace their individual systems (which is required by law) without resorting to more expensive, non-standazd systems. Residents with operable ' My clients own 35 of these parcels, but Councilmember Lantry only considered theu votes in favor of ihe pub]ic sanitary sewer system once in making her initial secommendation against tUe project in August of 2000. o � - aa-a- Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 3 systems, on the other hand, may avoid any assessment by choosing not to connect to the sewer line. E�ibit 4. As established, it is the City's responsibility under Minnesota law to assure all individuai sewer systems comply with state and local code. With the current petition before the City for the construction of the Point Douglas Road sanitary sewer system, the City is now on notice of its failure to assure this compliance and its duty to correct this problem by ordering the installation of the proposed public sewer line. The City recently recognized this same duty by ordering the conshuction of rivo public sewer systems in the Lewiston Heights area. E�chibit 5. Faced with a similar situation in the Aighwood area, the City should follow its precedent and grant the proposal before it on Wednesday, Mazch 7, 2001. Very yours, Allen D. Barnazd .� o�-aa� HIGHWOOD DEVELOPMENT POLlCfES: A PLAN FOR �ROW7F/ M.4NAGEMENT IN THE HIGHWOQD AREA OF ST. PAUL GENERAL G1. The°wooded areas:in Highwood, especia!(y atong the fragle b[uffline, shoutd be preseryed, = ancl protected: ° Ca2. G3. G4. G5. Applicabie guideline5 and standards for lands within ihe boundaries of the Mississippi National River and Recreation Area shouid be endorsed. The existing mature stand of trees shouid be preserved, and the naturat canopy of vegetative cover_ on vacant and occupied bts shouid be maintained. Trees with a diameter in excess o( 10 inches should be protected. A landscape pian should be required for al! subdivisions. G6. The City and/or County should insGiute a pian for acquiring addiGonal open space in the bluff area. Platted but non-existent streets (such as MysGc, Eimwood and Brooklinej could provide the basis for a trail system tor non-motorized use. G7. Battie Creek Park and Pigs Eye Lake should be Ued to the neighborhood through an open space and tra�l system. Access to Pigs Eye Lake by traii shouid be- developed. G8. in the event Totem Town becomes availabie for alternative uses, it should be designated as public open space with appropriate areas set aside as undevetoped natural areas representaGve of the region's ecosystem. G9. Lands dassified as unsnitable for deveiopmeni by the Task Force (86 acres on vacant parcefs) should be acyuired by the City or County on a wdiing-seper basis for open space and for use as holding pond areas. The Ciry shoutd enforce the River Corridor standards. The Ciry supports continuation of Counry acquisition of steep slope parceis for open space purposes, and encourages Ramsey County to pursue acquisition funds when they become available through the Mississippi Na6onal River and Recreation Area Program. , This�otiey-a� i8 percent): r within the � �tandards are re resources. The i8 percent. sses Cwo � ater than �servation and ac �uisition. The City Council agrees that steep slopes, especiaUy s�oi River Critical Area. shouJd be preseived, and ffiat the cii ' " uidoL �sonable and necessary in orde� to conseive a�d protect unique naturai and scenic River Corridor standards prohibit residential deve%pment on slopes greater than The Cify Council supports Ramsey County's acquisiSon program, but shares the neighborhood's /rustralion that acquisifion has s/owed due to funding constraints. /n 1989, the portion of the Mississippi River that Bows through the.seven-county metropolitan area was designated as the Mississippi NaGona! River and Recreation Area (MNRRA) by Congress. Designation as the MNRRA maks�ihe Mississippi River Critical Area a pari of the na6on2/ park system and �equires that a unified comp�ehensive pian be deve%ped and implemented 6y federal, stafe and tocal govemments. Once the comprehensive plan is approved, the Secretary of the lntenor is authorized to make grants to state and loca! govemments fo� up to 50 percent .of the �st of acquisition and EXHIBIT 1 o�-aa�— development of park and consenraLOn lands within the MNRRA. While availability o/ these funds is at least fhree years away, the Council sees the program as a sigti!'icant opponunity lor Ramsey CoUnty to acceJerate its acquisition piogram. G10. Altematives should be found to majoc interceptoss as the preferred means of surface water management on the biutfs. Where possbie and appropriate, hol�ng ponds shouid be used. �11. Through streets are encouraged. G72. Cukie-sacs should be kept to a minimum, as short as possible and with a 40-foot roadway r�us. Gy3. Street width for newly-piatted residendal sVeets should be 24 feet, curb-face to curb-face, with a 50-foot right-of-way. When city services are brought to exisUng sVeets that are Iess that 24 feet wide, or when such streets are improved, they shouid be rebuilt at their original width. Unpaved sVeet widths will be compiled by the Highwood Task Force and submitted to Public Works for record keeping. In determining sVeet and right-of-way layout, mature stands of trees and trees with a diameter in excess of 10 inches shoutd be protected and preserved. The primary �easan the Task Force reo�mmended sueet widths and right-of-ways narrower than the cwrent sfandard to minimize the bss ol vegetation, trees and g�een space that usualty accompany sbeet , consWcGon and utilities instailation. The current standard width fo� local residential SVeets is 32 feet curb-face to cm6-face, with a 60-foot right-of-way. The City Council agrees wiih ihe Task Force, and leeis that a width of 24 /eet for newty-platted residenGal streets is acceptab/e, as long as parking is aUowed on one side ol ihe street only. This wi!! atlow rre and emergency rescue vehicles safe and efBcient access to homes. These safety conside�a6ons we�e of primary concem fo the City Counci! in approving a hwer mfnimum st�eet width. 8ased on tesGmony presented at the public hearing, the City Council wi/I alhw exisling st�eets nanower than 24 teet to remain at the narrowei width, even if they are torn up to instal! city services or il tl�ey are impioved. The City Counci! feels that the narrower width of these srree2s is an established pattem for the neighborhood that need not be distur6ed. Residents �along these streets are satisfied with the width and are not concerned about eme�gency aacess. The Ciry Counci! teels, however, that it would be appropriate 10 esfablish a sfightly diHereni pattem when new sveets are platted. This porcy decreases the required minimum sfieet width and the �equired minimum street right- of-way in order Iessen the �sn�ption fo the natural environment while sti// preserving adequate space for utilities and city services, but requires that trees within the right-of-way be protected th�ough Iiexd�le street and right-o%way layout. G14. Homeowners stroutd be required to have off-sUeet parking for two cars per househoid. G15. Aif uUliGes should be underground. Gi6. Neighborhood street lighting should be Post Top, Oid Post Lamp or a similar unobtrusive �- NORTH HIGHWOOD Nti1. The minimum loi size for unplatted residenGal lots with more than 50 percent of ihe lot at a siope of fess ihan i2 percent shoutd be 9,600 square feet. The minimum iot size ior oi-a�� unplatted residential bLS with more than 50 percent of the bt at a slope of 12 percent or greater should be 15,000 square teeL YVhen determining bt size, the 'base case' sbpes shoukf be those in extst�nce at the Ume of pretiminary piai submission. Aiterations to sbpes should not be ailowed that wouk! bwer the 'base case" slope from 12 percent or greater to less than 12 percent Piatted, unders¢ed bts wouid be considered non- conforming. The Ciry Counci!'s app�oved policy is consisfent with a Highwood Task Force compiomise solu8on based on public comment during the review period Since the primary intent of increasing fhe minirnum bt size is to protect the emironmentat resources in the area (inGuding wooded areas and areas with higher sbpes), the compromise is geared to a disGnction based on slope. !n addition, site pian review is required fo� any residenffal davekrpmeni on slopes of 12 percent or greaie� The policy conceming alteraUons to base case' slopes is to avoid the situaGon where a developer flattens a i6 percent s/ope to a 6 percent slope in orcler to devebp the entire subdivision with 9,600-square-foot bts. NH2, instaflation and improvement of water lines, sanitary and storm sewers, paved sVeets and appropriate lighting should be continued. NH3. Private domestic water wells should 6e gradual(y phased aut with the inuoducUon of ciry water service. NH4. A plan shouid be prepared to improve services for the area of Mailand Road, inciuding some res�}ences on McKnight Road. This shouid be iniegrated into plans for future devebpment of the open areas and taken into consideratian in Ramsey County's pians for Totem Town. NHS. The separation of sanitary and storm sewers should continue un51 completed. NH6. The City shouid assist the Ramsey-Washington Metro Watershed District in the impiemeniation of the District's plan for conVolling run-oifi in the Howard SVeet ravine area NH7. Access to McKnight Road shouid be made by coilector streets. NH8. Sidewalks should be instailed on McKnight Road oniy, unUi bus service is availabfe to other streets in the area SOU7H }i1GHWOOD SHi. The minimum bt size for unpiatted residential lots shouki be 12 acre (21,780 square ieet}, sufficient to aa�mmodate on-site sepUc systems and private wetis and subjeci to on-site soii tests. Platted, undersized lots would be considered non-conEorming. SH2-3. Private weiis and sanitary systems should conGnue to be used. Existing on-sRe sewage treatment systems should be inspected immediatefy and annualiy thereafter to determine whether they are funclioni�g propedy. Appropriate mitigative measures should be taken by the property owner to coRect any probiems identified through the inspection. New on-sife sewage VeaUnent systems shoukJ be inspected ai feast once each year to determine whether they are functioning proper�! and not overfbwing. All costs of these inspections wiil be bome by the property owner. On-site sewage Veatrnent systems found not to be functioning properiy, or that are overflowing, shouid be repaired, repiaced ot corrected by the property owner. If the owner faiis to do so, tfie City may proceed under the provisions of Chapter-45 of the Legisiative Code and abate the nuisance. _ SN4. Periodic testing of welis (not oniy in Highwood, but city-wide) should be pertormed every . . o�-aaa three years. SHS. The current system of naWral pon�ng to o�ntain stormwater run-off should be maintained; existing plans for ihe purchase of pond'mg s�es should be acceterated. SH6. Two pondmg areas, one at McKnighUH'ghwood and one northeast of Ogden Avenue, shouid be acquired, and conveyance to overtlow down the btufE should be provided. SH7. The carneyance system for run-off firom McKnight down Man'Uac Lane and Carver Avenue should be improved. SF18. C�y coopesation in imp4ementation of SBe Ramsey-Wastiutigton Metro Waiershed Districts pian for the F'�sh Creek Fbwage Area should continue. SN9. Streets that are unQaved shouid remain unpaved; but the streei maintenance program shoutd be reviewed and upgraded. if the review shows that maintenance costs for unpaved stree4s are-higher than normal, the costs for an upgraded street maintenance program for South Highwood sVeets should be assessed to benefiting properry owners, The Ci(y Council feels that streets that are less than /uJly paved can stiil p�ovide sa/e and e�cient access to residenUai propedies. P�operty owners rieed to realize that unpaved streets o/ten require more maintenance than paved streefs. Furiher, H ihe sbeet maintenance program is to be upgiaded over what is done now, there will be addi6onal expenses. These expenses will be bome by the benefiting property owners. SH10. Any future streets shouid be unpaved. � Adopted by the City Council Juty 12, 1990 neinoi�nni te:zz ie1781a . rte-1a _a�i ia�t> �FICE LIMC PAGE 09 �.0a3� o �_�aa- ,: - . � _ c ;� .• . . . • POINT UOUGLAS SANRARY SEWEA GTY DRpJECT NO. 00-5-�899 NEIGHBORHO00INFORMATION MEETINCi MAY4, 2000 PUBUC HEARFNG - PENpiNG PROJECT: Consiruct a public sanitaty sewar ;n Poirt DWg1es Aoad, from Carver pve, sputh ip approximatey 84p' north ot tMe sourh Cily Gmi[s. EXIS7ING CONDITIONS_ The Prolect area is presently senred by iMAvlduai sewage treatment systems. We have received a petition for public sanitary se�yer improvemeMS. Ptobtems urith individuel sewage freatnern systems have been reported. PROPOSEDIMPROVEMENTS: Consttua a publia sanitary sewer and sewer senrice conneciions in Polnt Douglas Read, hom Canrer qve. south to approximatety 606' norih oF the south Ciry Gmits. Re5loraGOn wil� be in kind. ALTERNATIVE - To do nothing v,ould requ�re the property owners wRh faiGng intlividual sewage treatmeM sys�ems to repair or reptace their existing individual sawsge treatment sysiems. POStTIVE BENEFtTS: PuDtic sanBery sewer wiH be availabie to propertles ebutting the sewer cpnstruclbn and public sanitary sevier woutd be avaitabis to an a�ea of poteniial de+relopntent. ADVERSE EiFECTS: Normal Problems assoCiated with construaion such as noise, dust, red,iced accBSS to propeity and general disruption wi11 be presenL Area of po2entlai deve�opmeM would have io be serveti pp individual sewage VeatmeM sy�{yrny, COST ESTiMATE$: . . Sewer Construction �gpp,ppp Engineering & Inspecoon $11 t,ppp Reai Estate Service Fee S as.2on Tota1 . $757.200 E3TIMATED flNANCING: PuGlic Fnancing Authprity loan (PFA3 4757,200 EXHIBIT 2 nar noi �nni io: cG lt11 B14 OFFICE LIN9C L PAC£ 10 • rEB'SG-2'AS 54:26 P.BS'4�o � � _'� a-a'- A pottbn M che PFA ban wiii be repaid by properry assessmeMS as propeAies connect " t0 thB sarlitafy Sgw6r. SOURCE OF qDDR10NAL 1NFOFmAATION: . . Ea addtionai iMocmation, contact the Projecl Engineer,Ioe Muel!er. at (651) 266-6149. — RECOMMEtiDAT10N: — The DeQarMient of PuE6c Works makes ro rewmme�+dation in :his maiter. The project was inttiated fran a petition. Respecuuiy submitteC. Thorf�2i�� /y�{— Director W Publk N16rks Department of Biosystems and Agricultural Engineering 219 Biosystems & Agr. Engr. 1390 Eckles Avenue St. Paul, MN 55108-6005 PHONE (612)625-9733 Fnx (612)624-3005 WE6 www.bae.umn.edu � COLLEGE OF AGRICULNHAL, FOOD, AND ENVIRONMENTAL SCIENCES UNIVERSITY OF MINNESOTA Extension J. A. Cadwallader Silver Oak Development 3800 Apache Lane Minneapolis, MN 55421 March 1, 20001 Dear Mr. Cadwallader, lJ � -2-�� Hauing reviewed the information provided to me on February 28, I haue come to a few conclusions regazding the purposed sewer addirion south of Carver Avenue. They aze as follows: 1) Of the twenty-two properties I was given information about the on-site sewage treatment system, 18 are considered to be failing according to Mivuesota Rules Chapter 7080. These are required to be updated. The time period for the update must be specified in the local ordinance. 2) It appears that many of the lots do not have room for a new on-site system. Many of those who have limited room would be required to use non-standazd systems such as aerobic treatment units and sand filters, which aze more costly than traditional h systems. 3) If the sewer extension does not occur, these systems must be upgraded to assure protection of public health and the environment. If you have any questions or comments please give me a ca11 ai (o i 2) 625-7243 or e-mail me at heger001na,umn.edu. Sincerely, � � Qj�,j�/ SazaH. Christopherso� T "_ ' Extension Educator On-site Sewage Treahnent Program Universiry ofMinnesota, U.S. Deparhnent ofAgriculture, and Minnesota Courzties Cooperaring EXHIBIT 3 03/05/2001 15:22 7817814 OFFICE LINK L PaGE 12 Department of Technology and Management Services Real Estate Division 140 Ciry Hal! Saint Paul, MN SSI d2 GTY OF SAINT PAUL Norm Cole�nan, Mayor February 14, 2001 Subject: Aear Property Owner: Phone: (651)266-8850 Fax: {651)266-8855 b 1 -2-a Proposed Point Douglas Sanitary Sewer Installation 7"he City Council will be meeting at 5:30 p.m., Wednesday, the 7�' of March, 2001, to discuss wherher or not to approve the insta3lation of a sanitary sewer along Poin� Douglas Road from Carver Avenue to che sou�h cowazds the City Border. Should the project be approved, the work would take place during the 2001 conshucfion season. Your official nocice of the Puhlic Hearing for this project is enclosed with this letter, az well as a map showing the location of the proposed sewer Iine. PLEASE NOTE: The esumated assessment amount shown on the Pub13c Heazing Notice will �ot be assessed until you connect to the sewer line! Please call either Peter White or me at 651-266-8850 with any questions you may have regazding the assessments for this project. Questions about t6e sewer constrvction can be directed [o Joe Mueller, at 651-266-6149. Sizlcerely, <��-r� )�'i.c-Ld--C.. � �vr ��j'� l �,ok� \J Louise A. Langberg Real Estate Division (18932not) EXHIBIT 4 b3/b5/lbbl 15:22 7817814 OFFICE LINK L pqGE 02 bl- � � February 7, 2001, City Councii Agenda Page 10 66. Final Order - Ol-I25 - In the matter of construction of a bituminous driveway on private property at 1039 Califomia Avenue West_ (File #18885-D) 67- Final Order - Oi-12b - In ihe matter of improving Cathlin Street from Como Avenue South to the cu(-d�sac_ (File #18930A) - 68. Final Order - O1-127 - In th� matter of conshuction of a sanitary sewer in Ogden Court from three bu�dred (300) feet west of McKnight Road to Winthrop Sueet and in az► easement area Farallel and approximately one hundred sixty (160) feet notth of the Ogden Court sewer, jFile #18937) � 69. Final Order - Oi-128 - In the matter of construction of a sanitary sewer in Winthrop Street from Snowshce Lane to Boxwood Avenue and in Boxwood Avenue from Winthrop Street to approximately eighty (80) feet west af Birch Street. (File#18938) 70. Public hearing to consider the application of O'Hara Enterprises, Inc. to rewne property at 225 Nortii Wilder Stxeet (bctween Marshall and Dayton Avenues) from B'2 C°�►unitY $��ness Disixict to RT-1 Two-Family Residential District to low conversion to a dupiex. � �7 . Resolution - O1-81 - Denying the petition of David Ojeda and David Sutte�eld to vacate a portion of Hadley Street in order to landscape the area. (Laid over from January 24) 72. Publie hearing to consid�r the applieauon of Metzger Building Matcria�s to reaone property at 7b3 and 765 Bradley Sueet fzom RT-i to I-i to use for o►rtside storage o€metaI f�aming for drywell. �3. Pubtic hearing to consider the application of.Tohn Schumacher to rezvne property at 330 Prior Avenue North from RT-1 to OS-1 to allow a purificarion center, 74. Resolution - 81-50 - Amending language reg�ra� �omer parking on the north side of Lincoln Avenue betweev Avon aod Chatswurth g�eets du�g �o�� of the Vic I Project. (Adopted January 17> recvnsidered and laid over from January ?,q) EXHIBIT 5 B3/05{2001 15:22 7817814 pFFiCE �IhK � Pp� 0� ` ndH9Ot pp/LZJfA v�0'2L62>l6 _ R " - ��_�ar' CI't`Y OF ST. PAUI, COIINCIL FILE NO. 0 �� a�� (( y tp FINAI, ORDER BY FILE NO. 1893 � �_ ` VOTING WARD 7 `�� N�a.r�h ''1 � e�.00� In the Ma.tter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. that the potential developer would need to get all the:.appropriate City permits, site pl and any other City regulations that coincide with this project before this project takes place. � under Preliminary Order �\— �1� approved �w7� �. t�-t10 � The Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due notice thereof having been given as prescribed by the City Charter; and WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improvement and has fully considered the same; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul does hereby order that the above-described improvement be made, and the proper City officers are hereby directed and authorized to proceed with the improvement; and be it � FURTHER RESOLVED, That upon the completion of said improvement, the proper City officers shall calculate all e�cpenses incurred therein and shall report the same to the City Council in accordance with Chapter 14 of the City Charter. COUNCILPERSONS Yeas � Nays VBenanav ✓f3lakey c/�y strom ✓�oleman djarris .� ry eiter 1 In Favor QAgainst Adopted by Council: Date�� d\ Certified Passed_by Council Secretary �r � c � - �a.s- .M.S./REAI. ESTATE DIVISION Date: February 12, 2001 reen Sheet Nwmber: 100898 onfac[ Person and Phone Num6fr. � EPABTMENT DIRECfOR 1 CI7'Y COONCII. Louise A Langberg`� 266-8861 �" `�� `TY`�""` usc ne on co�a a�aa by: February 21, 2001 �� DIILECIOR t�ce oF ruv,uvcw, svcs. or a Public Hearing on March 7, 2001. Yox cox nssisr,�n ESfATE D[VLSION OTAL # OF SIGNATURE PAGES L (CLIP ALL LOCATIONS FOR SIGNATURE) CTiON REQUESTID: . Set a Public Hearing date of March 7, 2001 to discuss the construction of a sanitary sewer and service connections in the area of Point Douglas Road from Carver Avenue, south to the city limit ( File No.18932 ) . Approve said project COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSK'F.R TfIE FOLLOWING: . Has the persodPrm ever worked under a contract for this depariment? YES NO eurvivmc co��on A srnee . Has this persodfirnt ever been a City employee? YES NO CR'Q. SERVICE COMMLSSION . Does this persodfrm possess a skill not normally possessed by any YES NO Cis commtTrF.E , eurreut Cily employ¢e? E Iain�all YES answers on a se arate sheet and attach. UPPORTS WHICFI COUNCIL BJECTIVE? UNCIL WARD(S) 7 DISTRICT PLANNING COUNCIL 1 17ATING PROBLEM, ISSUE, OPPORT'UNITY (Who, What, When, Where, K'hy?): Many properties in this area are served by individual septic systems, many of which are ex eriencin roblems. A etition has been received for sanitary sewer im rovements. DVANTAGES IF APPROVED: Property owners abutting the sewer construction would be able to connect up with the public sanitary sewer. ISADVANTAGESIFAPPROVED: Usuat construction noise and disruption. Also, the property's share of the cost to construct the sewer would be assessed at the time the property connects to the system. ISADVANTAGES IF NOT APPROVED: Property owners with failing septic systems wouid have to repair or repiace their existing systems. � OTALAMOUNTOFTRANSACTION: $']S�I�ZOO COST/RGVENULBUDC��.��L�� YES NO iyS� stc somtcE: public Financing Authority loan (PFA) A�T[v�TY N�JMBEx: and Assessments F�� ' '. ��`� ¢ ANCIAL INFORMATION: (EXPI.AIN) portion of the PFA loan will be repaid by progerty assessments as properties connect to the sanitary sewer. FA loan: $441,474.20 Assessments: $315,725.80 P❑INT D�UGLAS SANITARY SEWER CITY PR�JECT N0, ❑�—S-1893 � _ o�.�� N�RTH �-----•--• PROPOSED SANITARY SEWER o i -a�-8- SUMMARY OF ENGINEERING RECOMMENDATIONS POINT DOUGLAS SANITARY SEWER CITY PROJECT NO. 00-S-1893 NEIGHBORHOOD INFORMATION MEETING MAY 4, 2000 PUBLIC HEARING - PENDING PROJECT: Construct a public sanitary sewer in Point Douglas Ftoad, from Carver Ave. south to approximately 600' north of the south City limits. EXISTING CONDITIONS: The project area is presently served by individual sewage treatment systems. We have received a petition for public sanitary sewer improvements. Problems with individual sewage treatment systems have been reported. PROPOSEDIMPROVEMENTS: Construct a pubiic sanitary sewer and sewer service connections in Point Douglas Road, from Carver Ave. south to approximately 600' north of the south City limits. Restoration will be in kind. ALTERNATIVE : To do nothing would require the property owners with failing individual sewage treatment systems to repair or repiace their existing individual sewage treatment systems. POSITIVE BENEFITS: Public sanitary sewer will be available to properties abutting the sewer construction and pubiic sanitary sewer would be available to an area of potential development. ADVERSE EFFECTS: Normal problems associated with construction such as noise, dust, reduced access to property and general disruption wiil be present. Area of potential development would have to be served by individual sewage treatment systems. COST ESTIMATES: Sewer Construction $600,000 Engineering & Inspection $111,000 Real Estate Service Fee 46 200 Total $757,200 ESTIMATED FINANCING: Public Financing Authority loan (PFA) $757,200 ��-a^�' A portion of the PFA loan will be repaid by property assessments as properties connect to the sanitary sewer. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Joe Muelier, at (651) 266-6149. RECOMMENDATION: The Department of Public Works makes no recommendation in this matter. The project was initiated from a petition. Respectfully submitted, - /�' Thomas J. Eggum Director of Public rks CITY OF 3T. PAIIL PRELIMINARY ORDER COIINCI FILE NO. O � � \� � SY FILB NO. _189 VOTING WARD _7 o � -'�.a� � Ia the Matter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said report, hereby resolves: 1 E 3. That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $757,200 financed by a Public Financing Authority loan (PFA) of $441,474.20, and assessments of $315,725.80. That a public hearing be had on said improvement on the 7 of March. 20�1, at 5:30 o'clock P.M.. in the Council Chambers of the City Hall and Court House Building in the City of Saint Paul. That notice of said pvblic hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanav ✓B�lakey ✓�ostrom ✓Cpleman '� arris ✓L�ntry �� ei ter Adopted by Council: Date ��O\ Certified Passed by Council Secretary ? In Favor By ��..� a. . � }•�ti �- - - � QAgainst Mayor BEST & FLANAGAN LLP ATTORNEYS AT LAW 4W0 US Bank Place 601 Second Avenue South ,•. eapolis, Minnesota 55�1421F331 Telephone 612 339 7121 Facsimle 612 339 5897 xmm.bestlaw.rnm D"uect Dial: (612) 341-9715 E-mail add�est: mfrazie�dbestlaw.com Roben L. Crosby Leonerd M. Addmgton N. Walrer Gra(f Allen D. Bamard Richard A. Peterson Roben 7. Christiansoq )r. Frmnk J. Walz Frank Yogl Mannus W. Van Pu¢en, Jr John A. Burton, Sr. James C. Dirncies Thomas B. Heffelfinger Roger R. Rce, Jr. Robett L. Mellen Jr. Nloms E. Knopf Judith A. Rogosheske Scon D. Ellar Charles C. Berqmst E. Joseph LaFave G�egory D. Soule Cathy E. Gorlin Pamck B. Aennessy T�mothy A. Sullivan Da�iel R.W. Nelson DaWid 7. Zubke S�even R. Kruger PaulE.Kaminski Ross G Formell Caryn S. Glover Mary E. $heazen Barbara M. Ross Catherine S. Courtney Jeannice M. Reding Sarah Crippen Madiwn Robert D. Mahu Christopher D. ]ohnson J�11 B. Laorr Daniel A.Kaplan Robert M. Lewis Jeanneue O. Hoegge Demu M. Bmnson Cymhia L Hegarty Marlene A. Petersen Michelle Bergholz Fraz�er David G Muiphy Hazel J. �y oFCOC�se� wara a. c�,.;s a«n;n�a s�n<� Aobex M.Skare Jo6n R. Carroll James D.Olson Srott P. Mcen Ja�� i. ses� ,mz-,� Roben ]. Flanagzn �asa ira March 6, 2001 Mayor Norman Coleman Ramsey County Courthouse Room 390 St. Paul, MN 55102 St. Paul City Councilmembers C1YY Hall 15 West Kellogg Boulevard St. Paul, N1N 55102 Re: Point Douglas Road Sanitary Sewer Project Deaz Mayor Coleman and City Councilmembers, �� ol-aa� As you know, a public hearing is scheduled for VJednesday, March 7, 2001 to consider approval o£the Point Douglas Road sanitary sewer project. This project involves the installation of a public sarutary sewer system along Point Douglas Road from Carver Avenue to the limits of south St. Paul. The azea affected by this proposed project, commonly referred to as the Highwood area, is zoned R-LL, one-family large lots residential. All lots in the area currently contain individual on-site septic systems and private wells. Because a ma}ority of these individuai systems aze failing or nonconforming, I am writing this letter on behalf of my clients, J.A. Cadwallader, Birger Kylander and Silver Oak Development LLP, in support of the proposed public sewer system. Pursuant to Highwood Development Policies, the individual systems currenfly operating on the Highwood azea's residential lots must be functioning properly or be repaired, replaced, or conected by the proper[y owner. E�ibit l. Highwood Development Policy SH2-3. Because the Highwood azea sits in the Mississippi River Critical area, the individual systems must be inspected annually, and the wells must be tested every three (3) yeazs. E�ibit 1. Highwood Development Policies SH-2-3-4. Not only do the Highwood Aevelopment Policies perxnit the City to abate the nuisance created by a nonconforming or failing system, but St. Paul City Ordinance requires the City to ensure each individual system is upgraded, repaired or discon6nued within 10 months of FOUVDED I926 LS i - a� Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 2 noncompliance. St. Paul City Ordinance 50_ ll. Minn. Stat. § I 15.55 further states that the City must order a failing system be upgraded, replaced or discontinued. Based on these state and local mandates, it is the CiTy's responsibility, through timely inspections and testing, to assure that individual sewer systems in the Highwood area are functioning properly. But in or around June 2000, the City surveyed the Highwood area regazding the constnxction of a public sanitary sewer system by sending siactp-six (66) survey cazds to the owners of the 66 tased pazcels in the azea. Of these 66 parcels, two are being taken by the City and were not considered. Of the remaining 64 parcels, owners of 39 parcels voted in favor of a public system; owners of 13 pazcels voted against a public system; owners of 3 parcels were undecided; and owners of 8 pazcels failed to respond. Five of the owners in favor of the public system currently operate a failing system; four of the owners opposing a public system operate failing systems; all of the undecided owners operate failing systems; and one of the undecided owners operates a failing system. Failing systems include systems that (1) show evidence of a cesspool; (2) lack proper drain fields; (3) show evidence of a dry well; (4) do not abide by the Minnesota Department of Health's minimum separation distance requirements between well and sources of possible contamination; and/or (5) lack documentation establishing their compliance with state and local requirements. According to Thomas Egguxn, Director of Public Works, the failing systems in the Highwood area have been reported to the City and, if a public system is not constructed, these systems must be repaired or replaced. E�ibit 2. Echoing this opinion, Sara Christopherson, Extension Educator for the University of Minnesota's Department of Biosystems and Agricultural Engineering, has also opined that these failing systems "must be upgraded to assure protection of the public health and the environment." E�ibit 3. Because many of these lots do not have room for a new on-site system, the necessary upgrades would require non-standazd systems that are more expensive than traditional trench systems. Id. Given these facts, it is evident that the City's past attempt to assure that the individual systems in the Highwood azea comply with state and local code has failed. This oversight not only poses a direct threat to the health and safety of Highwood area residents, but it also demonstrates that a public sanitary sewer system is necessary to conect this continuing noncompliance. The proposed public sewer system allows Highwood area residents with failing systems to replace their individual systems (which is required by law) without resorting to more expensive, non-standazd systems. Residents with operable ' My clients own 35 of these parcels, but Councilmember Lantry only considered theu votes in favor of ihe pub]ic sanitary sewer system once in making her initial secommendation against tUe project in August of 2000. o � - aa-a- Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 3 systems, on the other hand, may avoid any assessment by choosing not to connect to the sewer line. E�ibit 4. As established, it is the City's responsibility under Minnesota law to assure all individuai sewer systems comply with state and local code. With the current petition before the City for the construction of the Point Douglas Road sanitary sewer system, the City is now on notice of its failure to assure this compliance and its duty to correct this problem by ordering the installation of the proposed public sewer line. The City recently recognized this same duty by ordering the conshuction of rivo public sewer systems in the Lewiston Heights area. E�chibit 5. Faced with a similar situation in the Aighwood area, the City should follow its precedent and grant the proposal before it on Wednesday, Mazch 7, 2001. Very yours, Allen D. Barnazd .� o�-aa� HIGHWOOD DEVELOPMENT POLlCfES: A PLAN FOR �ROW7F/ M.4NAGEMENT IN THE HIGHWOQD AREA OF ST. PAUL GENERAL G1. The°wooded areas:in Highwood, especia!(y atong the fragle b[uffline, shoutd be preseryed, = ancl protected: ° Ca2. G3. G4. G5. Applicabie guideline5 and standards for lands within ihe boundaries of the Mississippi National River and Recreation Area shouid be endorsed. The existing mature stand of trees shouid be preserved, and the naturat canopy of vegetative cover_ on vacant and occupied bts shouid be maintained. Trees with a diameter in excess o( 10 inches should be protected. A landscape pian should be required for al! subdivisions. G6. The City and/or County should insGiute a pian for acquiring addiGonal open space in the bluff area. Platted but non-existent streets (such as MysGc, Eimwood and Brooklinej could provide the basis for a trail system tor non-motorized use. G7. Battie Creek Park and Pigs Eye Lake should be Ued to the neighborhood through an open space and tra�l system. Access to Pigs Eye Lake by traii shouid be- developed. G8. in the event Totem Town becomes availabie for alternative uses, it should be designated as public open space with appropriate areas set aside as undevetoped natural areas representaGve of the region's ecosystem. G9. Lands dassified as unsnitable for deveiopmeni by the Task Force (86 acres on vacant parcefs) should be acyuired by the City or County on a wdiing-seper basis for open space and for use as holding pond areas. The Ciry shoutd enforce the River Corridor standards. The Ciry supports continuation of Counry acquisition of steep slope parceis for open space purposes, and encourages Ramsey County to pursue acquisition funds when they become available through the Mississippi Na6onal River and Recreation Area Program. , This�otiey-a� i8 percent): r within the � �tandards are re resources. The i8 percent. sses Cwo � ater than �servation and ac �uisition. The City Council agrees that steep slopes, especiaUy s�oi River Critical Area. shouJd be preseived, and ffiat the cii ' " uidoL �sonable and necessary in orde� to conseive a�d protect unique naturai and scenic River Corridor standards prohibit residential deve%pment on slopes greater than The Cify Council supports Ramsey County's acquisiSon program, but shares the neighborhood's /rustralion that acquisifion has s/owed due to funding constraints. /n 1989, the portion of the Mississippi River that Bows through the.seven-county metropolitan area was designated as the Mississippi NaGona! River and Recreation Area (MNRRA) by Congress. Designation as the MNRRA maks�ihe Mississippi River Critical Area a pari of the na6on2/ park system and �equires that a unified comp�ehensive pian be deve%ped and implemented 6y federal, stafe and tocal govemments. Once the comprehensive plan is approved, the Secretary of the lntenor is authorized to make grants to state and loca! govemments fo� up to 50 percent .of the �st of acquisition and EXHIBIT 1 o�-aa�— development of park and consenraLOn lands within the MNRRA. While availability o/ these funds is at least fhree years away, the Council sees the program as a sigti!'icant opponunity lor Ramsey CoUnty to acceJerate its acquisition piogram. G10. Altematives should be found to majoc interceptoss as the preferred means of surface water management on the biutfs. Where possbie and appropriate, hol�ng ponds shouid be used. �11. Through streets are encouraged. G72. Cukie-sacs should be kept to a minimum, as short as possible and with a 40-foot roadway r�us. Gy3. Street width for newly-piatted residendal sVeets should be 24 feet, curb-face to curb-face, with a 50-foot right-of-way. When city services are brought to exisUng sVeets that are Iess that 24 feet wide, or when such streets are improved, they shouid be rebuilt at their original width. Unpaved sVeet widths will be compiled by the Highwood Task Force and submitted to Public Works for record keeping. In determining sVeet and right-of-way layout, mature stands of trees and trees with a diameter in excess of 10 inches shoutd be protected and preserved. The primary �easan the Task Force reo�mmended sueet widths and right-of-ways narrower than the cwrent sfandard to minimize the bss ol vegetation, trees and g�een space that usualty accompany sbeet , consWcGon and utilities instailation. The current standard width fo� local residential SVeets is 32 feet curb-face to cm6-face, with a 60-foot right-of-way. The City Council agrees wiih ihe Task Force, and leeis that a width of 24 /eet for newty-platted residenGal streets is acceptab/e, as long as parking is aUowed on one side ol ihe street only. This wi!! atlow rre and emergency rescue vehicles safe and efBcient access to homes. These safety conside�a6ons we�e of primary concem fo the City Counci! in approving a hwer mfnimum st�eet width. 8ased on tesGmony presented at the public hearing, the City Council wi/I alhw exisling st�eets nanower than 24 teet to remain at the narrowei width, even if they are torn up to instal! city services or il tl�ey are impioved. The City Counci! feels that the narrower width of these srree2s is an established pattem for the neighborhood that need not be distur6ed. Residents �along these streets are satisfied with the width and are not concerned about eme�gency aacess. The Ciry Counci! teels, however, that it would be appropriate 10 esfablish a sfightly diHereni pattem when new sveets are platted. This porcy decreases the required minimum sfieet width and the �equired minimum street right- of-way in order Iessen the �sn�ption fo the natural environment while sti// preserving adequate space for utilities and city services, but requires that trees within the right-of-way be protected th�ough Iiexd�le street and right-o%way layout. G14. Homeowners stroutd be required to have off-sUeet parking for two cars per househoid. G15. Aif uUliGes should be underground. Gi6. Neighborhood street lighting should be Post Top, Oid Post Lamp or a similar unobtrusive �- NORTH HIGHWOOD Nti1. The minimum loi size for unplatted residenGal lots with more than 50 percent of ihe lot at a siope of fess ihan i2 percent shoutd be 9,600 square feet. The minimum iot size ior oi-a�� unplatted residential bLS with more than 50 percent of the bt at a slope of 12 percent or greater should be 15,000 square teeL YVhen determining bt size, the 'base case' sbpes shoukf be those in extst�nce at the Ume of pretiminary piai submission. Aiterations to sbpes should not be ailowed that wouk! bwer the 'base case" slope from 12 percent or greater to less than 12 percent Piatted, unders¢ed bts wouid be considered non- conforming. The Ciry Counci!'s app�oved policy is consisfent with a Highwood Task Force compiomise solu8on based on public comment during the review period Since the primary intent of increasing fhe minirnum bt size is to protect the emironmentat resources in the area (inGuding wooded areas and areas with higher sbpes), the compromise is geared to a disGnction based on slope. !n addition, site pian review is required fo� any residenffal davekrpmeni on slopes of 12 percent or greaie� The policy conceming alteraUons to base case' slopes is to avoid the situaGon where a developer flattens a i6 percent s/ope to a 6 percent slope in orcler to devebp the entire subdivision with 9,600-square-foot bts. NH2, instaflation and improvement of water lines, sanitary and storm sewers, paved sVeets and appropriate lighting should be continued. NH3. Private domestic water wells should 6e gradual(y phased aut with the inuoducUon of ciry water service. NH4. A plan shouid be prepared to improve services for the area of Mailand Road, inciuding some res�}ences on McKnight Road. This shouid be iniegrated into plans for future devebpment of the open areas and taken into consideratian in Ramsey County's pians for Totem Town. NHS. The separation of sanitary and storm sewers should continue un51 completed. NH6. The City shouid assist the Ramsey-Washington Metro Watershed District in the impiemeniation of the District's plan for conVolling run-oifi in the Howard SVeet ravine area NH7. Access to McKnight Road shouid be made by coilector streets. NH8. Sidewalks should be instailed on McKnight Road oniy, unUi bus service is availabfe to other streets in the area SOU7H }i1GHWOOD SHi. The minimum bt size for unpiatted residential lots shouki be 12 acre (21,780 square ieet}, sufficient to aa�mmodate on-site sepUc systems and private wetis and subjeci to on-site soii tests. Platted, undersized lots would be considered non-conEorming. SH2-3. Private weiis and sanitary systems should conGnue to be used. Existing on-sRe sewage treatment systems should be inspected immediatefy and annualiy thereafter to determine whether they are funclioni�g propedy. Appropriate mitigative measures should be taken by the property owner to coRect any probiems identified through the inspection. New on-sife sewage VeaUnent systems shoukJ be inspected ai feast once each year to determine whether they are functioning proper�! and not overfbwing. All costs of these inspections wiil be bome by the property owner. On-site sewage Veatrnent systems found not to be functioning properiy, or that are overflowing, shouid be repaired, repiaced ot corrected by the property owner. If the owner faiis to do so, tfie City may proceed under the provisions of Chapter-45 of the Legisiative Code and abate the nuisance. _ SN4. Periodic testing of welis (not oniy in Highwood, but city-wide) should be pertormed every . . o�-aaa three years. SHS. The current system of naWral pon�ng to o�ntain stormwater run-off should be maintained; existing plans for ihe purchase of pond'mg s�es should be acceterated. SH6. Two pondmg areas, one at McKnighUH'ghwood and one northeast of Ogden Avenue, shouid be acquired, and conveyance to overtlow down the btufE should be provided. SH7. The carneyance system for run-off firom McKnight down Man'Uac Lane and Carver Avenue should be improved. SF18. C�y coopesation in imp4ementation of SBe Ramsey-Wastiutigton Metro Waiershed Districts pian for the F'�sh Creek Fbwage Area should continue. SN9. Streets that are unQaved shouid remain unpaved; but the streei maintenance program shoutd be reviewed and upgraded. if the review shows that maintenance costs for unpaved stree4s are-higher than normal, the costs for an upgraded street maintenance program for South Highwood sVeets should be assessed to benefiting properry owners, The Ci(y Council feels that streets that are less than /uJly paved can stiil p�ovide sa/e and e�cient access to residenUai propedies. P�operty owners rieed to realize that unpaved streets o/ten require more maintenance than paved streefs. Furiher, H ihe sbeet maintenance program is to be upgiaded over what is done now, there will be addi6onal expenses. These expenses will be bome by the benefiting property owners. SH10. Any future streets shouid be unpaved. � Adopted by the City Council Juty 12, 1990 neinoi�nni te:zz ie1781a . rte-1a _a�i ia�t> �FICE LIMC PAGE 09 �.0a3� o �_�aa- ,: - . � _ c ;� .• . . . • POINT UOUGLAS SANRARY SEWEA GTY DRpJECT NO. 00-5-�899 NEIGHBORHO00INFORMATION MEETINCi MAY4, 2000 PUBUC HEARFNG - PENpiNG PROJECT: Consiruct a public sanitaty sewar ;n Poirt DWg1es Aoad, from Carver pve, sputh ip approximatey 84p' north ot tMe sourh Cily Gmi[s. EXIS7ING CONDITIONS_ The Prolect area is presently senred by iMAvlduai sewage treatment systems. We have received a petition for public sanitary se�yer improvemeMS. Ptobtems urith individuel sewage freatnern systems have been reported. PROPOSEDIMPROVEMENTS: Consttua a publia sanitary sewer and sewer senrice conneciions in Polnt Douglas Read, hom Canrer qve. south to approximatety 606' norih oF the south Ciry Gmits. Re5loraGOn wil� be in kind. ALTERNATIVE - To do nothing v,ould requ�re the property owners wRh faiGng intlividual sewage treatmeM sys�ems to repair or reptace their existing individual sawsge treatment sysiems. POStTIVE BENEFtTS: PuDtic sanBery sewer wiH be availabie to propertles ebutting the sewer cpnstruclbn and public sanitary sevier woutd be avaitabis to an a�ea of poteniial de+relopntent. ADVERSE EiFECTS: Normal Problems assoCiated with construaion such as noise, dust, red,iced accBSS to propeity and general disruption wi11 be presenL Area of po2entlai deve�opmeM would have io be serveti pp individual sewage VeatmeM sy�{yrny, COST ESTiMATE$: . . Sewer Construction �gpp,ppp Engineering & Inspecoon $11 t,ppp Reai Estate Service Fee S as.2on Tota1 . $757.200 E3TIMATED flNANCING: PuGlic Fnancing Authprity loan (PFA3 4757,200 EXHIBIT 2 nar noi �nni io: cG lt11 B14 OFFICE LIN9C L PAC£ 10 • rEB'SG-2'AS 54:26 P.BS'4�o � � _'� a-a'- A pottbn M che PFA ban wiii be repaid by properry assessmeMS as propeAies connect " t0 thB sarlitafy Sgw6r. SOURCE OF qDDR10NAL 1NFOFmAATION: . . Ea addtionai iMocmation, contact the Projecl Engineer,Ioe Muel!er. at (651) 266-6149. — RECOMMEtiDAT10N: — The DeQarMient of PuE6c Works makes ro rewmme�+dation in :his maiter. The project was inttiated fran a petition. Respecuuiy submitteC. Thorf�2i�� /y�{— Director W Publk N16rks Department of Biosystems and Agricultural Engineering 219 Biosystems & Agr. Engr. 1390 Eckles Avenue St. Paul, MN 55108-6005 PHONE (612)625-9733 Fnx (612)624-3005 WE6 www.bae.umn.edu � COLLEGE OF AGRICULNHAL, FOOD, AND ENVIRONMENTAL SCIENCES UNIVERSITY OF MINNESOTA Extension J. A. Cadwallader Silver Oak Development 3800 Apache Lane Minneapolis, MN 55421 March 1, 20001 Dear Mr. Cadwallader, lJ � -2-�� Hauing reviewed the information provided to me on February 28, I haue come to a few conclusions regazding the purposed sewer addirion south of Carver Avenue. They aze as follows: 1) Of the twenty-two properties I was given information about the on-site sewage treatment system, 18 are considered to be failing according to Mivuesota Rules Chapter 7080. These are required to be updated. The time period for the update must be specified in the local ordinance. 2) It appears that many of the lots do not have room for a new on-site system. Many of those who have limited room would be required to use non-standazd systems such as aerobic treatment units and sand filters, which aze more costly than traditional h systems. 3) If the sewer extension does not occur, these systems must be upgraded to assure protection of public health and the environment. If you have any questions or comments please give me a ca11 ai (o i 2) 625-7243 or e-mail me at heger001na,umn.edu. Sincerely, � � Qj�,j�/ SazaH. Christopherso� T "_ ' Extension Educator On-site Sewage Treahnent Program Universiry ofMinnesota, U.S. Deparhnent ofAgriculture, and Minnesota Courzties Cooperaring EXHIBIT 3 03/05/2001 15:22 7817814 OFFICE LINK L PaGE 12 Department of Technology and Management Services Real Estate Division 140 Ciry Hal! Saint Paul, MN SSI d2 GTY OF SAINT PAUL Norm Cole�nan, Mayor February 14, 2001 Subject: Aear Property Owner: Phone: (651)266-8850 Fax: {651)266-8855 b 1 -2-a Proposed Point Douglas Sanitary Sewer Installation 7"he City Council will be meeting at 5:30 p.m., Wednesday, the 7�' of March, 2001, to discuss wherher or not to approve the insta3lation of a sanitary sewer along Poin� Douglas Road from Carver Avenue to che sou�h cowazds the City Border. Should the project be approved, the work would take place during the 2001 conshucfion season. Your official nocice of the Puhlic Hearing for this project is enclosed with this letter, az well as a map showing the location of the proposed sewer Iine. PLEASE NOTE: The esumated assessment amount shown on the Pub13c Heazing Notice will �ot be assessed until you connect to the sewer line! Please call either Peter White or me at 651-266-8850 with any questions you may have regazding the assessments for this project. Questions about t6e sewer constrvction can be directed [o Joe Mueller, at 651-266-6149. Sizlcerely, <��-r� )�'i.c-Ld--C.. � �vr ��j'� l �,ok� \J Louise A. Langberg Real Estate Division (18932not) EXHIBIT 4 b3/b5/lbbl 15:22 7817814 OFFICE LINK L pqGE 02 bl- � � February 7, 2001, City Councii Agenda Page 10 66. Final Order - Ol-I25 - In the matter of construction of a bituminous driveway on private property at 1039 Califomia Avenue West_ (File #18885-D) 67- Final Order - Oi-12b - In ihe matter of improving Cathlin Street from Como Avenue South to the cu(-d�sac_ (File #18930A) - 68. Final Order - O1-127 - In th� matter of conshuction of a sanitary sewer in Ogden Court from three bu�dred (300) feet west of McKnight Road to Winthrop Sueet and in az► easement area Farallel and approximately one hundred sixty (160) feet notth of the Ogden Court sewer, jFile #18937) � 69. Final Order - Oi-128 - In the matter of construction of a sanitary sewer in Winthrop Street from Snowshce Lane to Boxwood Avenue and in Boxwood Avenue from Winthrop Street to approximately eighty (80) feet west af Birch Street. (File#18938) 70. Public hearing to consider the application of O'Hara Enterprises, Inc. to rewne property at 225 Nortii Wilder Stxeet (bctween Marshall and Dayton Avenues) from B'2 C°�►unitY $��ness Disixict to RT-1 Two-Family Residential District to low conversion to a dupiex. � �7 . Resolution - O1-81 - Denying the petition of David Ojeda and David Sutte�eld to vacate a portion of Hadley Street in order to landscape the area. (Laid over from January 24) 72. Publie hearing to consid�r the applieauon of Metzger Building Matcria�s to reaone property at 7b3 and 765 Bradley Sueet fzom RT-i to I-i to use for o►rtside storage o€metaI f�aming for drywell. �3. Pubtic hearing to consider the application of.Tohn Schumacher to rezvne property at 330 Prior Avenue North from RT-1 to OS-1 to allow a purificarion center, 74. Resolution - 81-50 - Amending language reg�ra� �omer parking on the north side of Lincoln Avenue betweev Avon aod Chatswurth g�eets du�g �o�� of the Vic I Project. (Adopted January 17> recvnsidered and laid over from January ?,q) EXHIBIT 5 B3/05{2001 15:22 7817814 pFFiCE �IhK � Pp� 0� ` ndH9Ot pp/LZJfA v�0'2L62>l6 _ R " - ��_�ar' CI't`Y OF ST. PAUI, COIINCIL FILE NO. 0 �� a�� (( y tp FINAI, ORDER BY FILE NO. 1893 � �_ ` VOTING WARD 7 `�� N�a.r�h ''1 � e�.00� In the Ma.tter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. that the potential developer would need to get all the:.appropriate City permits, site pl and any other City regulations that coincide with this project before this project takes place. � under Preliminary Order �\— �1� approved �w7� �. t�-t10 � The Council of the City of Saint Paul has conducted a public hearing upon the above improvement, due notice thereof having been given as prescribed by the City Charter; and WHEREAS, The Council has heard all persons, objections and recommendations pertaining to said proposed improvement and has fully considered the same; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul does hereby order that the above-described improvement be made, and the proper City officers are hereby directed and authorized to proceed with the improvement; and be it � FURTHER RESOLVED, That upon the completion of said improvement, the proper City officers shall calculate all e�cpenses incurred therein and shall report the same to the City Council in accordance with Chapter 14 of the City Charter. COUNCILPERSONS Yeas � Nays VBenanav ✓f3lakey c/�y strom ✓�oleman djarris .� ry eiter 1 In Favor QAgainst Adopted by Council: Date�� d\ Certified Passed_by Council Secretary �r � c � - �a.s- .M.S./REAI. ESTATE DIVISION Date: February 12, 2001 reen Sheet Nwmber: 100898 onfac[ Person and Phone Num6fr. � EPABTMENT DIRECfOR 1 CI7'Y COONCII. Louise A Langberg`� 266-8861 �" `�� `TY`�""` usc ne on co�a a�aa by: February 21, 2001 �� DIILECIOR t�ce oF ruv,uvcw, svcs. or a Public Hearing on March 7, 2001. Yox cox nssisr,�n ESfATE D[VLSION OTAL # OF SIGNATURE PAGES L (CLIP ALL LOCATIONS FOR SIGNATURE) CTiON REQUESTID: . Set a Public Hearing date of March 7, 2001 to discuss the construction of a sanitary sewer and service connections in the area of Point Douglas Road from Carver Avenue, south to the city limit ( File No.18932 ) . Approve said project COMMENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICE CONTRACTS MUST ANSK'F.R TfIE FOLLOWING: . Has the persodPrm ever worked under a contract for this depariment? YES NO eurvivmc co��on A srnee . Has this persodfirnt ever been a City employee? YES NO CR'Q. SERVICE COMMLSSION . Does this persodfrm possess a skill not normally possessed by any YES NO Cis commtTrF.E , eurreut Cily employ¢e? E Iain�all YES answers on a se arate sheet and attach. UPPORTS WHICFI COUNCIL BJECTIVE? UNCIL WARD(S) 7 DISTRICT PLANNING COUNCIL 1 17ATING PROBLEM, ISSUE, OPPORT'UNITY (Who, What, When, Where, K'hy?): Many properties in this area are served by individual septic systems, many of which are ex eriencin roblems. A etition has been received for sanitary sewer im rovements. DVANTAGES IF APPROVED: Property owners abutting the sewer construction would be able to connect up with the public sanitary sewer. ISADVANTAGESIFAPPROVED: Usuat construction noise and disruption. Also, the property's share of the cost to construct the sewer would be assessed at the time the property connects to the system. ISADVANTAGES IF NOT APPROVED: Property owners with failing septic systems wouid have to repair or repiace their existing systems. � OTALAMOUNTOFTRANSACTION: $']S�I�ZOO COST/RGVENULBUDC��.��L�� YES NO iyS� stc somtcE: public Financing Authority loan (PFA) A�T[v�TY N�JMBEx: and Assessments F�� ' '. ��`� ¢ ANCIAL INFORMATION: (EXPI.AIN) portion of the PFA loan will be repaid by progerty assessments as properties connect to the sanitary sewer. FA loan: $441,474.20 Assessments: $315,725.80 P❑INT D�UGLAS SANITARY SEWER CITY PR�JECT N0, ❑�—S-1893 � _ o�.�� N�RTH �-----•--• PROPOSED SANITARY SEWER o i -a�-8- SUMMARY OF ENGINEERING RECOMMENDATIONS POINT DOUGLAS SANITARY SEWER CITY PROJECT NO. 00-S-1893 NEIGHBORHOOD INFORMATION MEETING MAY 4, 2000 PUBLIC HEARING - PENDING PROJECT: Construct a public sanitary sewer in Point Douglas Ftoad, from Carver Ave. south to approximately 600' north of the south City limits. EXISTING CONDITIONS: The project area is presently served by individual sewage treatment systems. We have received a petition for public sanitary sewer improvements. Problems with individual sewage treatment systems have been reported. PROPOSEDIMPROVEMENTS: Construct a pubiic sanitary sewer and sewer service connections in Point Douglas Road, from Carver Ave. south to approximately 600' north of the south City limits. Restoration will be in kind. ALTERNATIVE : To do nothing would require the property owners with failing individual sewage treatment systems to repair or repiace their existing individual sewage treatment systems. POSITIVE BENEFITS: Public sanitary sewer will be available to properties abutting the sewer construction and pubiic sanitary sewer would be available to an area of potential development. ADVERSE EFFECTS: Normal problems associated with construction such as noise, dust, reduced access to property and general disruption wiil be present. Area of potential development would have to be served by individual sewage treatment systems. COST ESTIMATES: Sewer Construction $600,000 Engineering & Inspection $111,000 Real Estate Service Fee 46 200 Total $757,200 ESTIMATED FINANCING: Public Financing Authority loan (PFA) $757,200 ��-a^�' A portion of the PFA loan will be repaid by property assessments as properties connect to the sanitary sewer. SOURCE OF ADDITIONAL INFORMATION: For additional information, contact the Project Engineer Joe Muelier, at (651) 266-6149. RECOMMENDATION: The Department of Public Works makes no recommendation in this matter. The project was initiated from a petition. Respectfully submitted, - /�' Thomas J. Eggum Director of Public rks CITY OF 3T. PAIIL PRELIMINARY ORDER COIINCI FILE NO. O � � \� � SY FILB NO. _189 VOTING WARD _7 o � -'�.a� � Ia the Matter of the construction of a sanitary sewer in Point Douglas Road, from Carver Avenue to the south City limits (City Project #00-5-1893) including restoration in kind, and doing all other work necessary to complete said project. The Council of the City of Saint Paul having received the report of the Mayor upon the above improvement, and having considered said report, hereby resolves: 1 E 3. That the said report and the same is hereby approved with no alternatives, and that the estimated cost thereof is $757,200 financed by a Public Financing Authority loan (PFA) of $441,474.20, and assessments of $315,725.80. That a public hearing be had on said improvement on the 7 of March. 20�1, at 5:30 o'clock P.M.. in the Council Chambers of the City Hall and Court House Building in the City of Saint Paul. That notice of said pvblic hearing be given to the persons and in the manner provided by the Charter, stating the time and place of hearing, the nature of the improvement and the total cost thereof as estimated. COUNCILPERSONS Yeas Nays ✓Benanav ✓B�lakey ✓�ostrom ✓Cpleman '� arris ✓L�ntry �� ei ter Adopted by Council: Date ��O\ Certified Passed by Council Secretary ? In Favor By �� a. . � }•�ti �- - - � QAgainst Mayor BEST & FLANAGAN LLP ATTORNEYS AT LAW 4W0 US Bank Place 601 Second Avenue South ,•. eapolis, Minnesota 55�1421F331 Telephone 612 339 7121 Facsimle 612 339 5897 xmm.bestlaw.rnm D"uect Dial: (612) 341-9715 E-mail add�est: mfrazie�dbestlaw.com Roben L. Crosby Leonerd M. Addmgton N. Walrer Gra(f Allen D. Bamard Richard A. Peterson Roben 7. Christiansoq )r. Frmnk J. Walz Frank Yogl Mannus W. Van Pu¢en, Jr John A. Burton, Sr. James C. Dirncies Thomas B. Heffelfinger Roger R. Rce, Jr. Robett L. Mellen Jr. Nloms E. Knopf Judith A. Rogosheske Scon D. Ellar Charles C. Berqmst E. Joseph LaFave G�egory D. Soule Cathy E. Gorlin Pamck B. Aennessy T�mothy A. Sullivan Da�iel R.W. Nelson DaWid 7. Zubke S�even R. Kruger PaulE.Kaminski Ross G Formell Caryn S. Glover Mary E. $heazen Barbara M. Ross Catherine S. Courtney Jeannice M. Reding Sarah Crippen Madiwn Robert D. Mahu Christopher D. ]ohnson J�11 B. Laorr Daniel A.Kaplan Robert M. Lewis Jeanneue O. Hoegge Demu M. Bmnson Cymhia L Hegarty Marlene A. Petersen Michelle Bergholz Fraz�er David G Muiphy Hazel J. �y oFCOC�se� wara a. c�,.;s a«n;n�a s�n<� Aobex M.Skare Jo6n R. Carroll James D.Olson Srott P. Mcen Ja�� i. ses� ,mz-,� Roben ]. Flanagzn �asa ira March 6, 2001 Mayor Norman Coleman Ramsey County Courthouse Room 390 St. Paul, MN 55102 St. Paul City Councilmembers C1YY Hall 15 West Kellogg Boulevard St. Paul, N1N 55102 Re: Point Douglas Road Sanitary Sewer Project Deaz Mayor Coleman and City Councilmembers, �� ol-aa� As you know, a public hearing is scheduled for VJednesday, March 7, 2001 to consider approval o£the Point Douglas Road sanitary sewer project. This project involves the installation of a public sarutary sewer system along Point Douglas Road from Carver Avenue to the limits of south St. Paul. The azea affected by this proposed project, commonly referred to as the Highwood area, is zoned R-LL, one-family large lots residential. All lots in the area currently contain individual on-site septic systems and private wells. Because a ma}ority of these individuai systems aze failing or nonconforming, I am writing this letter on behalf of my clients, J.A. Cadwallader, Birger Kylander and Silver Oak Development LLP, in support of the proposed public sewer system. Pursuant to Highwood Development Policies, the individual systems currenfly operating on the Highwood azea's residential lots must be functioning properly or be repaired, replaced, or conected by the proper[y owner. E�ibit l. Highwood Development Policy SH2-3. Because the Highwood azea sits in the Mississippi River Critical area, the individual systems must be inspected annually, and the wells must be tested every three (3) yeazs. E�ibit 1. Highwood Development Policies SH-2-3-4. Not only do the Highwood Aevelopment Policies perxnit the City to abate the nuisance created by a nonconforming or failing system, but St. Paul City Ordinance requires the City to ensure each individual system is upgraded, repaired or discon6nued within 10 months of FOUVDED I926 LS i - a� Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 2 noncompliance. St. Paul City Ordinance 50_ ll. Minn. Stat. § I 15.55 further states that the City must order a failing system be upgraded, replaced or discontinued. Based on these state and local mandates, it is the CiTy's responsibility, through timely inspections and testing, to assure that individual sewer systems in the Highwood area are functioning properly. But in or around June 2000, the City surveyed the Highwood area regazding the constnxction of a public sanitary sewer system by sending siactp-six (66) survey cazds to the owners of the 66 tased pazcels in the azea. Of these 66 parcels, two are being taken by the City and were not considered. Of the remaining 64 parcels, owners of 39 parcels voted in favor of a public system; owners of 13 pazcels voted against a public system; owners of 3 parcels were undecided; and owners of 8 pazcels failed to respond. Five of the owners in favor of the public system currently operate a failing system; four of the owners opposing a public system operate failing systems; all of the undecided owners operate failing systems; and one of the undecided owners operates a failing system. Failing systems include systems that (1) show evidence of a cesspool; (2) lack proper drain fields; (3) show evidence of a dry well; (4) do not abide by the Minnesota Department of Health's minimum separation distance requirements between well and sources of possible contamination; and/or (5) lack documentation establishing their compliance with state and local requirements. According to Thomas Egguxn, Director of Public Works, the failing systems in the Highwood area have been reported to the City and, if a public system is not constructed, these systems must be repaired or replaced. E�ibit 2. Echoing this opinion, Sara Christopherson, Extension Educator for the University of Minnesota's Department of Biosystems and Agricultural Engineering, has also opined that these failing systems "must be upgraded to assure protection of the public health and the environment." E�ibit 3. Because many of these lots do not have room for a new on-site system, the necessary upgrades would require non-standazd systems that are more expensive than traditional trench systems. Id. Given these facts, it is evident that the City's past attempt to assure that the individual systems in the Highwood azea comply with state and local code has failed. This oversight not only poses a direct threat to the health and safety of Highwood area residents, but it also demonstrates that a public sanitary sewer system is necessary to conect this continuing noncompliance. The proposed public sewer system allows Highwood area residents with failing systems to replace their individual systems (which is required by law) without resorting to more expensive, non-standazd systems. Residents with operable ' My clients own 35 of these parcels, but Councilmember Lantry only considered theu votes in favor of ihe pub]ic sanitary sewer system once in making her initial secommendation against tUe project in August of 2000. o � - aa-a- Mayor Norman Coleman St. Paul City Council Members March 6, 2001 Page 3 systems, on the other hand, may avoid any assessment by choosing not to connect to the sewer line. E�ibit 4. As established, it is the City's responsibility under Minnesota law to assure all individuai sewer systems comply with state and local code. With the current petition before the City for the construction of the Point Douglas Road sanitary sewer system, the City is now on notice of its failure to assure this compliance and its duty to correct this problem by ordering the installation of the proposed public sewer line. The City recently recognized this same duty by ordering the conshuction of rivo public sewer systems in the Lewiston Heights area. E�chibit 5. Faced with a similar situation in the Aighwood area, the City should follow its precedent and grant the proposal before it on Wednesday, Mazch 7, 2001. Very yours, Allen D. Barnazd .� o�-aa� HIGHWOOD DEVELOPMENT POLlCfES: A PLAN FOR �ROW7F/ M.4NAGEMENT IN THE HIGHWOQD AREA OF ST. PAUL GENERAL G1. The°wooded areas:in Highwood, especia!(y atong the fragle b[uffline, shoutd be preseryed, = ancl protected: ° Ca2. G3. G4. G5. Applicabie guideline5 and standards for lands within ihe boundaries of the Mississippi National River and Recreation Area shouid be endorsed. The existing mature stand of trees shouid be preserved, and the naturat canopy of vegetative cover_ on vacant and occupied bts shouid be maintained. Trees with a diameter in excess o( 10 inches should be protected. A landscape pian should be required for al! subdivisions. G6. The City and/or County should insGiute a pian for acquiring addiGonal open space in the bluff area. Platted but non-existent streets (such as MysGc, Eimwood and Brooklinej could provide the basis for a trail system tor non-motorized use. G7. Battie Creek Park and Pigs Eye Lake should be Ued to the neighborhood through an open space and tra�l system. Access to Pigs Eye Lake by traii shouid be- developed. G8. in the event Totem Town becomes availabie for alternative uses, it should be designated as public open space with appropriate areas set aside as undevetoped natural areas representaGve of the region's ecosystem. G9. Lands dassified as unsnitable for deveiopmeni by the Task Force (86 acres on vacant parcefs) should be acyuired by the City or County on a wdiing-seper basis for open space and for use as holding pond areas. The Ciry shoutd enforce the River Corridor standards. The Ciry supports continuation of Counry acquisition of steep slope parceis for open space purposes, and encourages Ramsey County to pursue acquisition funds when they become available through the Mississippi Na6onal River and Recreation Area Program. , This�otiey-a� i8 percent): r within the � �tandards are re resources. The i8 percent. sses Cwo � ater than �servation and ac �uisition. The City Council agrees that steep slopes, especiaUy s�oi River Critical Area. shouJd be preseived, and ffiat the cii ' " uidoL �sonable and necessary in orde� to conseive a�d protect unique naturai and scenic River Corridor standards prohibit residential deve%pment on slopes greater than The Cify Council supports Ramsey County's acquisiSon program, but shares the neighborhood's /rustralion that acquisifion has s/owed due to funding constraints. /n 1989, the portion of the Mississippi River that Bows through the.seven-county metropolitan area was designated as the Mississippi NaGona! River and Recreation Area (MNRRA) by Congress. Designation as the MNRRA maks�ihe Mississippi River Critical Area a pari of the na6on2/ park system and �equires that a unified comp�ehensive pian be deve%ped and implemented 6y federal, stafe and tocal govemments. Once the comprehensive plan is approved, the Secretary of the lntenor is authorized to make grants to state and loca! govemments fo� up to 50 percent .of the �st of acquisition and EXHIBIT 1 o�-aa�— development of park and consenraLOn lands within the MNRRA. While availability o/ these funds is at least fhree years away, the Council sees the program as a sigti!'icant opponunity lor Ramsey CoUnty to acceJerate its acquisition piogram. G10. Altematives should be found to majoc interceptoss as the preferred means of surface water management on the biutfs. Where possbie and appropriate, hol�ng ponds shouid be used. �11. Through streets are encouraged. G72. Cukie-sacs should be kept to a minimum, as short as possible and with a 40-foot roadway r�us. Gy3. Street width for newly-piatted residendal sVeets should be 24 feet, curb-face to curb-face, with a 50-foot right-of-way. When city services are brought to exisUng sVeets that are Iess that 24 feet wide, or when such streets are improved, they shouid be rebuilt at their original width. Unpaved sVeet widths will be compiled by the Highwood Task Force and submitted to Public Works for record keeping. In determining sVeet and right-of-way layout, mature stands of trees and trees with a diameter in excess of 10 inches shoutd be protected and preserved. The primary �easan the Task Force reo�mmended sueet widths and right-of-ways narrower than the cwrent sfandard to minimize the bss ol vegetation, trees and g�een space that usualty accompany sbeet , consWcGon and utilities instailation. The current standard width fo� local residential SVeets is 32 feet curb-face to cm6-face, with a 60-foot right-of-way. The City Council agrees wiih ihe Task Force, and leeis that a width of 24 /eet for newty-platted residenGal streets is acceptab/e, as long as parking is aUowed on one side ol ihe street only. This wi!! atlow rre and emergency rescue vehicles safe and efBcient access to homes. These safety conside�a6ons we�e of primary concem fo the City Counci! in approving a hwer mfnimum st�eet width. 8ased on tesGmony presented at the public hearing, the City Council wi/I alhw exisling st�eets nanower than 24 teet to remain at the narrowei width, even if they are torn up to instal! city services or il tl�ey are impioved. The City Counci! feels that the narrower width of these srree2s is an established pattem for the neighborhood that need not be distur6ed. Residents �along these streets are satisfied with the width and are not concerned about eme�gency aacess. The Ciry Counci! teels, however, that it would be appropriate 10 esfablish a sfightly diHereni pattem when new sveets are platted. This porcy decreases the required minimum sfieet width and the �equired minimum street right- of-way in order Iessen the �sn�ption fo the natural environment while sti// preserving adequate space for utilities and city services, but requires that trees within the right-of-way be protected th�ough Iiexd�le street and right-o%way layout. G14. Homeowners stroutd be required to have off-sUeet parking for two cars per househoid. G15. Aif uUliGes should be underground. Gi6. Neighborhood street lighting should be Post Top, Oid Post Lamp or a similar unobtrusive �- NORTH HIGHWOOD Nti1. The minimum loi size for unplatted residenGal lots with more than 50 percent of ihe lot at a siope of fess ihan i2 percent shoutd be 9,600 square feet. The minimum iot size ior oi-a�� unplatted residential bLS with more than 50 percent of the bt at a slope of 12 percent or greater should be 15,000 square teeL YVhen determining bt size, the 'base case' sbpes shoukf be those in extst�nce at the Ume of pretiminary piai submission. Aiterations to sbpes should not be ailowed that wouk! bwer the 'base case" slope from 12 percent or greater to less than 12 percent Piatted, unders¢ed bts wouid be considered non- conforming. The Ciry Counci!'s app�oved policy is consisfent with a Highwood Task Force compiomise solu8on based on public comment during the review period Since the primary intent of increasing fhe minirnum bt size is to protect the emironmentat resources in the area (inGuding wooded areas and areas with higher sbpes), the compromise is geared to a disGnction based on slope. !n addition, site pian review is required fo� any residenffal davekrpmeni on slopes of 12 percent or greaie� The policy conceming alteraUons to base case' slopes is to avoid the situaGon where a developer flattens a i6 percent s/ope to a 6 percent slope in orcler to devebp the entire subdivision with 9,600-square-foot bts. NH2, instaflation and improvement of water lines, sanitary and storm sewers, paved sVeets and appropriate lighting should be continued. NH3. Private domestic water wells should 6e gradual(y phased aut with the inuoducUon of ciry water service. NH4. A plan shouid be prepared to improve services for the area of Mailand Road, inciuding some res�}ences on McKnight Road. This shouid be iniegrated into plans for future devebpment of the open areas and taken into consideratian in Ramsey County's pians for Totem Town. NHS. The separation of sanitary and storm sewers should continue un51 completed. NH6. The City shouid assist the Ramsey-Washington Metro Watershed District in the impiemeniation of the District's plan for conVolling run-oifi in the Howard SVeet ravine area NH7. Access to McKnight Road shouid be made by coilector streets. NH8. Sidewalks should be instailed on McKnight Road oniy, unUi bus service is availabfe to other streets in the area SOU7H }i1GHWOOD SHi. The minimum bt size for unpiatted residential lots shouki be 12 acre (21,780 square ieet}, sufficient to aa�mmodate on-site sepUc systems and private wetis and subjeci to on-site soii tests. Platted, undersized lots would be considered non-conEorming. SH2-3. Private weiis and sanitary systems should conGnue to be used. Existing on-sRe sewage treatment systems should be inspected immediatefy and annualiy thereafter to determine whether they are funclioni�g propedy. Appropriate mitigative measures should be taken by the property owner to coRect any probiems identified through the inspection. New on-sife sewage VeaUnent systems shoukJ be inspected ai feast once each year to determine whether they are functioning proper�! and not overfbwing. All costs of these inspections wiil be bome by the property owner. On-site sewage Veatrnent systems found not to be functioning properiy, or that are overflowing, shouid be repaired, repiaced ot corrected by the property owner. If the owner faiis to do so, tfie City may proceed under the provisions of Chapter-45 of the Legisiative Code and abate the nuisance. _ SN4. Periodic testing of welis (not oniy in Highwood, but city-wide) should be pertormed every . . o�-aaa three years. SHS. The current system of naWral pon�ng to o�ntain stormwater run-off should be maintained; existing plans for ihe purchase of pond'mg s�es should be acceterated. SH6. Two pondmg areas, one at McKnighUH'ghwood and one northeast of Ogden Avenue, shouid be acquired, and conveyance to overtlow down the btufE should be provided. SH7. The carneyance system for run-off firom McKnight down Man'Uac Lane and Carver Avenue should be improved. SF18. C�y coopesation in imp4ementation of SBe Ramsey-Wastiutigton Metro Waiershed Districts pian for the F'�sh Creek Fbwage Area should continue. SN9. Streets that are unQaved shouid remain unpaved; but the streei maintenance program shoutd be reviewed and upgraded. if the review shows that maintenance costs for unpaved stree4s are-higher than normal, the costs for an upgraded street maintenance program for South Highwood sVeets should be assessed to benefiting properry owners, The Ci(y Council feels that streets that are less than /uJly paved can stiil p�ovide sa/e and e�cient access to residenUai propedies. P�operty owners rieed to realize that unpaved streets o/ten require more maintenance than paved streefs. Furiher, H ihe sbeet maintenance program is to be upgiaded over what is done now, there will be addi6onal expenses. These expenses will be bome by the benefiting property owners. SH10. Any future streets shouid be unpaved. � Adopted by the City Council Juty 12, 1990 neinoi�nni te:zz ie1781a . rte-1a _a�i ia�t> �FICE LIMC PAGE 09 �.0a3� o �_�aa- ,: - . � _ c ;� .• . . . • POINT UOUGLAS SANRARY SEWEA GTY DRpJECT NO. 00-5-�899 NEIGHBORHO00INFORMATION MEETINCi MAY4, 2000 PUBUC HEARFNG - PENpiNG PROJECT: Consiruct a public sanitaty sewar ;n Poirt DWg1es Aoad, from Carver pve, sputh ip approximatey 84p' north ot tMe sourh Cily Gmi[s. EXIS7ING CONDITIONS_ The Prolect area is presently senred by iMAvlduai sewage treatment systems. We have received a petition for public sanitary se�yer improvemeMS. Ptobtems urith individuel sewage freatnern systems have been reported. PROPOSEDIMPROVEMENTS: Consttua a publia sanitary sewer and sewer senrice conneciions in Polnt Douglas Read, hom Canrer qve. south to approximatety 606' norih oF the south Ciry Gmits. Re5loraGOn wil� be in kind. ALTERNATIVE - To do nothing v,ould requ�re the property owners wRh faiGng intlividual sewage treatmeM sys�ems to repair or reptace their existing individual sawsge treatment sysiems. POStTIVE BENEFtTS: PuDtic sanBery sewer wiH be availabie to propertles ebutting the sewer cpnstruclbn and public sanitary sevier woutd be avaitabis to an a�ea of poteniial de+relopntent. ADVERSE EiFECTS: Normal Problems assoCiated with construaion such as noise, dust, red,iced accBSS to propeity and general disruption wi11 be presenL Area of po2entlai deve�opmeM would have io be serveti pp individual sewage VeatmeM sy�{yrny, COST ESTiMATE$: . . Sewer Construction �gpp,ppp Engineering & Inspecoon $11 t,ppp Reai Estate Service Fee S as.2on Tota1 . $757.200 E3TIMATED flNANCING: PuGlic Fnancing Authprity loan (PFA3 4757,200 EXHIBIT 2 nar noi �nni io: cG lt11 B14 OFFICE LIN9C L PAC£ 10 • rEB'SG-2'AS 54:26 P.BS'4�o � � _'� a-a'- A pottbn M che PFA ban wiii be repaid by properry assessmeMS as propeAies connect " t0 thB sarlitafy Sgw6r. SOURCE OF qDDR10NAL 1NFOFmAATION: . . Ea addtionai iMocmation, contact the Projecl Engineer,Ioe Muel!er. at (651) 266-6149. — RECOMMEtiDAT10N: — The DeQarMient of PuE6c Works makes ro rewmme�+dation in :his maiter. The project was inttiated fran a petition. Respecuuiy submitteC. Thorf�2i�� /y�{— Director W Publk N16rks Department of Biosystems and Agricultural Engineering 219 Biosystems & Agr. Engr. 1390 Eckles Avenue St. Paul, MN 55108-6005 PHONE (612)625-9733 Fnx (612)624-3005 WE6 www.bae.umn.edu � COLLEGE OF AGRICULNHAL, FOOD, AND ENVIRONMENTAL SCIENCES UNIVERSITY OF MINNESOTA Extension J. A. Cadwallader Silver Oak Development 3800 Apache Lane Minneapolis, MN 55421 March 1, 20001 Dear Mr. Cadwallader, lJ � -2-�� Hauing reviewed the information provided to me on February 28, I haue come to a few conclusions regazding the purposed sewer addirion south of Carver Avenue. They aze as follows: 1) Of the twenty-two properties I was given information about the on-site sewage treatment system, 18 are considered to be failing according to Mivuesota Rules Chapter 7080. These are required to be updated. The time period for the update must be specified in the local ordinance. 2) It appears that many of the lots do not have room for a new on-site system. Many of those who have limited room would be required to use non-standazd systems such as aerobic treatment units and sand filters, which aze more costly than traditional h systems. 3) If the sewer extension does not occur, these systems must be upgraded to assure protection of public health and the environment. If you have any questions or comments please give me a ca11 ai (o i 2) 625-7243 or e-mail me at heger001na,umn.edu. Sincerely, � � Qj�,j�/ SazaH. Christopherso� T "_ ' Extension Educator On-site Sewage Treahnent Program Universiry ofMinnesota, U.S. Deparhnent ofAgriculture, and Minnesota Courzties Cooperaring EXHIBIT 3 03/05/2001 15:22 7817814 OFFICE LINK L PaGE 12 Department of Technology and Management Services Real Estate Division 140 Ciry Hal! Saint Paul, MN SSI d2 GTY OF SAINT PAUL Norm Cole�nan, Mayor February 14, 2001 Subject: Aear Property Owner: Phone: (651)266-8850 Fax: {651)266-8855 b 1 -2-a Proposed Point Douglas Sanitary Sewer Installation 7"he City Council will be meeting at 5:30 p.m., Wednesday, the 7�' of March, 2001, to discuss wherher or not to approve the insta3lation of a sanitary sewer along Poin� Douglas Road from Carver Avenue to che sou�h cowazds the City Border. Should the project be approved, the work would take place during the 2001 conshucfion season. Your official nocice of the Puhlic Hearing for this project is enclosed with this letter, az well as a map showing the location of the proposed sewer Iine. PLEASE NOTE: The esumated assessment amount shown on the Pub13c Heazing Notice will �ot be assessed until you connect to the sewer line! Please call either Peter White or me at 651-266-8850 with any questions you may have regazding the assessments for this project. Questions about t6e sewer constrvction can be directed [o Joe Mueller, at 651-266-6149. Sizlcerely, <��-r� )�'i.c-Ld--C.. � �vr ��j'� l �,ok� \J Louise A. Langberg Real Estate Division (18932not) EXHIBIT 4 b3/b5/lbbl 15:22 7817814 OFFICE LINK L pqGE 02 bl- � � February 7, 2001, City Councii Agenda Page 10 66. Final Order - Ol-I25 - In the matter of construction of a bituminous driveway on private property at 1039 Califomia Avenue West_ (File #18885-D) 67- Final Order - Oi-12b - In ihe matter of improving Cathlin Street from Como Avenue South to the cu(-d�sac_ (File #18930A) - 68. Final Order - O1-127 - In th� matter of conshuction of a sanitary sewer in Ogden Court from three bu�dred (300) feet west of McKnight Road to Winthrop Sueet and in az► easement area Farallel and approximately one hundred sixty (160) feet notth of the Ogden Court sewer, jFile #18937) � 69. Final Order - Oi-128 - In the matter of construction of a sanitary sewer in Winthrop Street from Snowshce Lane to Boxwood Avenue and in Boxwood Avenue from Winthrop Street to approximately eighty (80) feet west af Birch Street. (File#18938) 70. Public hearing to consider the application of O'Hara Enterprises, Inc. to rewne property at 225 Nortii Wilder Stxeet (bctween Marshall and Dayton Avenues) from B'2 C°�►unitY $��ness Disixict to RT-1 Two-Family Residential District to low conversion to a dupiex. � �7 . Resolution - O1-81 - Denying the petition of David Ojeda and David Sutte�eld to vacate a portion of Hadley Street in order to landscape the area. (Laid over from January 24) 72. Publie hearing to consid�r the applieauon of Metzger Building Matcria�s to reaone property at 7b3 and 765 Bradley Sueet fzom RT-i to I-i to use for o►rtside storage o€metaI f�aming for drywell. �3. Pubtic hearing to consider the application of.Tohn Schumacher to rezvne property at 330 Prior Avenue North from RT-1 to OS-1 to allow a purificarion center, 74. Resolution - 81-50 - Amending language reg�ra� �omer parking on the north side of Lincoln Avenue betweev Avon aod Chatswurth g�eets du�g �o�� of the Vic I Project. (Adopted January 17> recvnsidered and laid over from January ?,q) EXHIBIT 5 B3/05{2001 15:22 7817814 pFFiCE �IhK � Pp� 0� ` ndH9Ot pp/LZJfA v�0'2L62>l6 _ R " - ��_�ar'