Public Works Cte Minutes 12-14-1988 • `�
Ro er Chair
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PUBLIC WORKS COMMITTEE MEETING
December 14, 1988 - Room 707 City Hall
PRESENT: Roqer J. Goswitz, Chair
Councilmember Tom Dimond
Councilmember Janice Rettman
OTHERS PRESENT: Don Pahl, David W. Lawson, Dan Dunford, Jeff Gross, Bruce
Hoheisel, John Saumweber, Tom Mogren. Greg Haupt. Randall Coleman,
Peter White, Chris Nicosia, John Mccormick, Tom Weyandt, Kari
Johnson, Mike Kramer, Dick McCann, Rick Person.
1. The minutes of November 30, 1988 were approved as submitted.
2. VACATION: Petition of First Trust National Association for the
vacation of building encroachments in TOPPING and ARUNDEL STREETS,
bounded by Atwater, Western, Burgess and Mackubin. Purpose is to ctear
title.
C� i r�l� hl�:�:�rm, V� 1 u+�t 1 c�ns D 1 v i s t on, stated there are no ob j ect i ons to the
vacation of the. encroachments in the streets by any of the city
departments or agencies and staff recornmends approval. Answering
• Councilmember Rettman's question as to whether or not District 6 had
submitted a reply, Mr. McCann said norma)ly they do not get a written
response, but when the District Council was called, they said they had
no objections. There is no physical change to the streets and the
buildings have been there for some time. he added. No one appeared.
MOT10N: by Councilmember Rettman to recommend approval was passed on a
3-0 vote.
3. FINAL ORDER: Sidewalk reconstruction on the south side of W. MINNEHAHA
AVENUE from Kent Street to Mackubin Street.
Chris Nicosia, Department of Public Works, explained the developer,
David Van Landshoot, had built some affordable housing at this location
. and prior to his open house he requested the replacement of several
panels and asked that they be done as quickly as possible. The work was
done and he signed an agreement that he would pay for it. No one
appeared.
MOTION: by Councilmember Dimond to recommend approval was passed on a
3-0 vote.
Items 4, 5, and 6 were laid over until later in the meeting awaiting the
arrival of the consultant for this project.
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7. RESOLUTION SS-1861 - Authorizing proper City officials to pay MWCC •
$22,727.84 for the purchase of property located in the ETNA/THIRD
STREET area in conjunction with the Belt Line Sewer System Pond
Acquisition proiect.
Peter White, Valuations Division, explained this piece of property is a
real low area out by Third Street just to the east of Johnson Parkway,
part of which the City wants for a ponding area. The MWWC had easements
running across the east and south side of the property and were in
negotiations with the property owner. It didn't seem to make sense for
both agencies to be dealing with the same property owner because we
could end up paying twice for the same property. MWCC agreed to buy all
the property and then se)1 the part we needed back to us. This is our
share of the cost less the easements that the sewer is running under.
Nv one appeared.
MOTION: by Councilmember Dimond to recommend approval was passed on a
3-0 vote.
Item #7 was laid over waiting for Rick Person, Public Works Department, to
arrive.
9. PETITION: of Lawrence Pepin and others for the installation of a 4-way
stop sign at the intersection of WHEELOCK PARKWAY and WESTMINSTER
AVENUE.
Karl Johnson, Traffic Division, explained the original petition was sent •
to the Traffic Engineer. They have investigated the accident history
and requested additional studies on speed, etc. which result they expect
to have shortly. Back in 1984 foilowing Mr. Pepin's original request we
did install additional signs, he said, but the accident history showed
they had no effect on tf�e accident rate.
Discussion followed on the process used to install 2 or 4-way stop signs
and Mr. Johnson was asked to send a copy of that procedure to the Chair.
The concept of installing stop signs is the safe and efficient movement
of traffic, he said. Councilmember Rettman asked if this had gone
through the District Councils the same as the basketweaves do and if
positive approval is given by them, is there any further action that
needs to be done by the council in terms of getting it done. Mr.
Johnson explained no petition is necessary to do basketweaving. He
further said that the Traffic Engineer, Don Sobania, has final authority
over installation. This authority has been designated to him and no
Council approval is necessary.
Ms. Rettman said she would like to see these signs installed since the
petition carries at least 100 names, the people want it, it is a heavily
travelled area and there have been many accidents. She asked Mr.
Johnson if she moved approval of this request if it would get taken care
of and Mr. Johnson said basicaily that would only be a recort�nendation,
but the final decision is left to the Traffic Engineer. We recognize
there is an accident problem, he said, and will continue to look at it •
and study what other options there might be. He said they are
considering installing a flasher flashing red for Wheelock Pkwy. and
yellow for Westminster, but Ms. Rettman commented that would do no more
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• good than the signage that was previously done. Further discussion
followed.
MOTION: by Councilmember Rettman to approve the 4-way stop sign and also
to request John McCormick, Attorney's Office, to prepare a
resolution directing Public Works Department to install the
signs was passed on a 3-0 vote.
Mr. McCormick said he would draft the resolution but was concerned about
the question of who has the authority. Ms. Rettman said something
could be added stating upon council approval and direction. Karl
Johnson suggested the Committee might be making a mistake by not looking
at the big picture and Ms. Rettman commented it could be tried for six
months to see if it impacted traffic and at least give the people a
chance.
4. FINAL ORDER: Improve the following streets with a bituminous paving,
concrete curb and gutters, concrete driveways and outwalks and a street
lighting system: Parts of NEBRASKA, MARION, IDAHO, IOWA, HOYT,
MONTANA, PARK, SYLVAN AND ALBEMBARLE. To be known as the
ALBEMARLE/NEBRASKA AREA STREET PAVING AND LIGHTING PROJECT.
AND •
5. FINAL ORDER: Construction of the ALBEMARLE/NEBRASKA AREA STORM SEWER
PROJECT. (bounded by Larpenteur, Wheelock Parkway, Cottage and
Jackson).
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6. FINAL ORDER: Constructing sanitary. storm and water service
connections, if requested bv the praperty owner, for the
ALBEMARLE/NEBRASKA AREA STORM SEWER AND STREET PAVING AND LIGHTING
PROJECT.
Chris Nicosia, Public Works Department, introduced Mike Kramer, from
Short Elliott, consultant on this project. Mr. Kramer stated a
neighborhood meeting was held a week ago and approximately 10 residents
attended. Some significant questions were raised primarily concerning
assessments, also timing of construction and access during construction.
We will attempt to document in the specifications what notification is
necessary to the public and traffic planning and time lines. We know
there are large apartment complexes and condos in the area and it is
important they have access to that area. For the most part, he said.
specific concerns have all been addressed.
Councilmember Rettman asked to have a copy of the construction document
as soon as it is ready. She said she had attended the meeting and as a
result wanted several things written into the record. First of all.
Rice Street would be done under traffic with one lane in both directions
and maximum construction would be 25 days, Wheelock maximum closure
would be 7 days and Arlington, no definitive time was given so suggest 7
days. Because of the high impact area including apartments, condos, and
duplexes a 3-day notification be given prior to shutting off any
• traffic and that there be a 24-hour a day hotline. Want to make sure
construction bids are very clear that no street will be under
construction for more than 90 days from start to finish. Either she or
her Aide want to view every tree being considered for removal to find
out what will be done to replace them, these are not boutevard trees.
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she added. Also wants weekly baiting for rats because there is quite a •
problem in that area already. This money should come out of the sewer
doliars and not out of the rat fund because there is no way the normai
rat patrol can handle that in addition to their regular work.
Dan Dunford, Public Works Department, commented we do have the Division
of Public Health staff that does this and they know how, when and where
to bait for rats. He said he would prefer to continue in that area and
if more funds are needed try to find funds to do that. He further said
we shouid look at the budget before we decide where and what kind of
increased cost there should be. Further discussion followed on this and
it was agreed that a meeting with Frank Staffenson and Bernie Fritz was
in order.
Councilman Dimond said his concern is tt�at at the end of the year if the
contractor can't get the sod in the boulevard, then they should be made
to do a final grade right up to the curb and sidewalk so cars and people
don't fall into holes left. Cars pulling up can't see what is there and
people walking along may not see the change and step into a hole. At
� least the boulevard should be filled with dirt when there is not time to
get the sod in, he added. Mr. Kramer commented that is now part of the
contract specs. •
Both tf�e Chair and Chris Nicosia stated the City has learned a lot each
year and contracts have been tightened up and things should go a lot
better next ye�r. •
ln answer to the closure time for Arlington, Mr. Kramer said they
would need more than 7 days and agreed he would have that information
available before the date of the public hearing on the 20th. in
reference to access for those people on Arlington, Mr. Kramer gave his
assurance that access will be maintained continuously to those
apartments and buildings, although at times it may be on gravelled
surfaces.
Jeff Gross, Stuart Corporation, owner of apartments on Hayt south of
Nebraska said he would like to know by the 20th the expected dates for
closure on that street. Also, they have a catch basin in their parking
lot just east of Woodbridge and north of Nebraska that currently ties
into the sanitary system that has to be turned over to the storm system.
He asked if they would be reassessed on it. Peter White from Valuations
Division said he was not sure about this one but in general any new
connections into the storm sewer are assessed. Mr. Gross asked what
happened if it does not align itsetf to the storm system and Mr. White
explained the property owner is responsible for any catch basin on
their property. Mr. White was asked to meet with Mr. Gross and give him
answers to his questions.
Mr. Gross pointed out this is a 150-unit building bounded by other
complexes and they have 250 vehicles parking on this property. He asked
how he could find out who owned the vacant lot south of his property so
he could make arrangements for off street parking during construction. •
Peter White was requested to furnish him with this informatfon.
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Regarding tree replacement referred to by Councilmember Rettman, Chris
Nicosia pointed out Ed Olson from the Forestry Division is in charge of
the new tree policy and makes the determination of what has to be
replaced, repianted, etc. He suggested that Ms. Rettman take Mr. Olson
along when she goes out to check these trees. Some discussion followed.
MOTION: by Councilmember Dimond to recommend approval was passed on
3-0 vote.
11. RESOLUTION 88-1972 - Directing the General Manager of Water Utility to
implement the water surcharge for all properties in the City effective
on billings issued on or before January 1, 1989 with revenues to be
utilized for financing the Water Utility relocation work in connection
with the Combined Street and Sewer Proqram.
Dan Dunford, Public Works Department, explained a year ago last November
the Council passed an ordinance that initiated a surcharge on water
rates. That charge was to pay for costs to relocate water utility
facilities due to the construction of the sewer separation projects.
After the ordinance was passed the water utility was asked not to put
the surcharge on for 1988 for two reasons. 1)'because the final plan for
the sewer construction was being reviewed and the city was considering
selling bonds, and 2) because this had not been included in the 1988
• budget. Since that time bonds have been sold and this surcharge has now
been inciuded in the 1989 budget. The Resolution before you is to now
implement that ordinance that was passed over a year ago, he added.
Councilmember Rettman said she did not support the ordinance when it was
passed and feels instead of putting another charge on people that the
$14 Million clawback be used to pay the $700,000 surcharge.
� Mr. Dunford explained in 1986 when the sewer program was passed it was
decided all private utilities would pay for the cost of relocating their
utitities and that the water utility should do likewise and this is just
bringing the water utilities in line with what other utilities are
doing.
Ms. Rettman said she does not believe this charge should be borne by the
property owners and feels when the bonds were sold the rules changed.
The Chair also asked why this charge coutdn't be paid by the sewer
bonds. Mr. Dunford explained the budget for the whole sewer project
anticipated all facilities paying for the relocation of their utilities,
even when the bonds were sold. Councilmember Dimond commented it
doesn't make any difference which pocket it comes out of it still has to
be paid.
In answer to Ms. Rettman's question, Mr. Mogren explained the surcharge
provides that the cost would be 5 cents for 100 cu. ft. to be added to
the water bill in order to fund anticipated relocation costs of
• approximately $700,000. A household with 2 members would pay 75 cents
per quarter, or 25 cents per month. The reason why the water utility is
not paying for it directly. he continued, is due to the enabling law,
State of MN. Chapter 110 passed in 1885 which established the Board of
Water Commissioners. It spells out in there that any time water
facilities are relocated because of construction within the street right
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of way the project is required to pay for it. It is the State law. We •
are an entity of the city, but that is a provision of the law.
Councilmember Rettman said she did not question the project paying for
it, but does question putting it on the people. We always knew
utitities were going to be relocated, including water utilities but when
bonds were sold, commitments changed, she added. Further discussion
followed.
MOTION: by Councilmember Dimond to recommend approval was passed on a
Z-0 vote, Rettman voting N0.
8. RESOLUTION: Redistributio� of Neighborhood Clean-up Allocation for
1988.
Rick Person, Public Works Department, explained this is the breakdown
for the neighborhood clean-ups. After the resolution was prepared
Districts 6� 8 came in with their figures and that is the reason for
the change in tf�e original amount.
The huge success of the last neighborhood cleanup was referred to and
some discussion was had on what effect recycling will have on future
cleanups. Rick Person pointed out he is scheduling a meeting with the
C.O.'s in January to plan next year's program and to try to iron out any
problems. No one appeared. •
MOTION: by Councilmember Dimond to recommend approval was passed on a
3-0 vote.
11. Process for dealing with Continental Cabievision request to renegotiate
with the Citv on their franchise requirements and fees
Greg Haupt, City-Wide Services, explained that Tom Weyandt had prepared
a resolution outiining the process and Randall Coleman was present to
answer questions.
In answer to the Chair's questions, Tom Weyandt pointed out the oniy
changes in the resolution were two typos, one on page 2, second
paragraph, 4th line, the word "franchise" should be "franchisee", and on
page 3, Item #10. second line the word "prefilled" should have only one
L in it.
Councilmember Rettman said she is stiil concerned there is a process in
� place for changing some things and if we are going to do anything we
should use that process rather than a new one. Mr. Weyandt commented
the process in place is not complete and the proposed process parallels
the one in place. Ms. Rettman said she might be willing to go along with
that if we do a complete audit of what the franchise is supposed to do
and totaily review everything, but that should be done before we start
any process for modification or renegotiation. She further said that in
reviewing this it should be opened up to other companies that have •
franchise agreements otherwise we are going totally against things that
are happening on the national level. They are getting more restrictive
and more demanding, and I am quite concerned that we are going out on a
limb and doing something we should'nt be doing. For one thing, she said,
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• we do not have a cable officer right now and all the other companies do.
When asked by the Chair if this process would allow for this type of
information to come out or if specifics have to be requested, Tom
Weyandt said this process is not a process we started. Continental asked
to renegotiate, which they have a right to do under the contract, but
their request is not tied in with an audit. If you wish to look at
their performance as part of your deliberation you can do that.
Continental started the process by sending the letter and once that
happens we Fiave to have a process to make a decision� he added.
Once the resolution is adopted it then puts this in a time frame and
basically rules out a complete audit, Ms. Rettman commented. Randall
Coleman. Continental Cablevision, pointed out there is a provision in
the ordinance regulating a system audit by the city, the city can choose
to do that at any time, but it doesn't have to be tied to this process.
Ms. Rettman insisted she wants to see an audit done prior to anything
being started.
Greg Haupt further explained the franchise sets forth years 3, 5& 10 as
years in which the city may elect to have a p�rformance evaluation and
� year 5 ends May 11, 1989 and money was budgeted to assist in conducting
the evaluation. Some discussion followed on who would pay for the audit
and possibly backing up on the May lst date. Mr. Coleman said they did
. not envision spending $2 Million on the lawsuit and suggested that the
performance questions answered during that triai might answer some of
their questions, however, the Chair commented this is older information
and may not give them the information desired. It was pointed out that
the agreement did state the attorney expenses would be paid by the cabte
company. Further discussion followed.
MOTION: by Councilmember Rettman to lay this matter over until the
performance evaluation was completed.
Tom Weyandt questioned whether Continental could claim they were
hindered or hampered in any way by the city waiting until the
performance evaluation is complete and not taking action on their
request. He said he could not give a quick answer and would need 30
days to see what the legal ramifications are.
Tom Weyandt suggested another option would be to work through Item 4
because we need to know who the players will be and what the issues are.
What you could consider doing, he said, is to start the process but
require Continental to file their evidence and require anyone else who
chooses to intervene to announce their intention to intervene and file
their evidence and then suspend that process while you have time to
deliberate. The Council has until October 10, 1989 to make a final
decision but it is important that staff get started early enough.
Further discussion followed.
• MOTION: to lay this matter over for 30 days with the understanding
attorney will check to see if City would have any liability in
taking this action was passed on 3-0 vote.
Meeting adjourned: 10:50 A.M.
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