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Public Works Cte Minutes 10-12-1988 • �_. ' �' . Roger . G witz, Chai MINUTE5 OF PUBLIC WORKS COMMITTEE October 12, 1988 - Room 707 City Hall PRESENT: Roger J. Goswitz, Chair Councilmember Tom Dimond Councilmember Janice Rettman • Councilmember Kiki Sonnen OTHERS PRESENT: John Saumweber, Kathy Ries, Duane Prew, Dick Sobiech. Bruce Hoheisel, Paul St. Martin, Jo Haberman, Dennis Grogan. Joe Koenig, Byron A. Oeshshor, Don Sobania, Karl Johnson, Dan Dunford, Joe Mueller, Roy Bredahl, Darrell Butterwick, Ward Schendel. Davjd McDonell. Rick Del Monte, Bob Simon. Dave Nelson, Katy Lindblad, John McCormick, Chris Nicosia, Peter White, Mike Klassen, Don Nygaard. � l. The minutes of September 28. 1988 were approved as submitted. 2. RESOLUTION: Approving stipulation agreement from Minnesota Pollution Control Agency assessing the penalty of $75,000 to the City for the permit violation which occurred on or about May 28, 1987 to June 11, • 1987. This was immediately corrected but not immediately reported to the Minnesota Pollution Control Aqencv. AND 3. RESOLUTION: Revise budget to pay the penalty assessed to the City by Minnesota Pollution Control Agency, for Permit violation. The City's Project Representative, Toltz, King, Duvall, Anderson 8 Associates will reimburse the Citv. Roy Bredahl, Manager of Sewer Department, explained this involves the Phalen Storm Sewer Project and was a complicated proJect. It was done in two different phases by two different contractors. What happened is that for a period of time raw sewage was diverted directly to the River. When the mistake was discovered, it was corrected immediately, but not irtxnediately reported to the PCA. Because it is a city project, PCA is assessing the City a penalty of $75,000. Toltz, King 8 Duvall, consulting engineer on the project, has agreed to pay the $75,000. The second resolution is to revise the budget to add the $75,000 to the Sewer Maintenance Fund. Councilmember Dimond said he would accept this as an honest mistake but hoped this would be a lesson learned and that it doesn't happen again. The Chair said he agreed as did Councilmember Rettman who also asked who is the responsible party on the city's behalf to monitor these contracts to make sure these things don't happen. Councilmember Sonnen said she was upset most of all because she did not believe Public Works • staff was taking this matter seriousiy, and furthermore, TKDA has done. business with the City for many years and knows what the rules are. Mr. Bredahl admitted they were in error in not reporting it immediately and wouid have to take the consequences. The consultants are well aware of permit requirements, he added. C�s?n �IY���� � C� i r��ct� �r r�f F��.�t� 1 i r w� �r k.�, 5� i� ha w�nt?�1 t�? ���urP the • Committee that as far as his department is concerned they take this matter very seriously. Their record, except for this particular case is spotless. At the time the mistake was discovered it was debatable whether it was a reportable incident or not. When it came to his attention after the fact he did not hesitate to report it. It would have been easy for us to say let's forget it, he added, but the whole proQram we have going is basicaily an environmental program to clean up the river. We clearly understand this is a very serious matter and want to assure you on future contracts, this won't happen again. Further discussion followed. MOTION: by Counciimember Dimond to recommend approval was passed on a 3-0 vote. 4. MnDOT presentation - Reconstruction of 1-94 in the vicinity of St. Peter Street and Robert Street. including the reconstruction of three bridqes and the 35 mph curve on 1-94. Dan Dunford, Public Works Department, said at the last meeting the bridges under E. Sixth Street were discussed and one of the items related to that project was the possible extension of that bridge for � a recreational trail to go under it. Today MnDot will be talking about the contract coming up for the reconstruction of bridges near St. Peter and Wabasha and also reconstruction of the 35 mph curve. Also the • Parks Department was asked to attempt to have that trail identified as a regional trail and obtain funding that would cover the cost of extending the 6th Street bridge. Bob Benke, MnDOT, stated Mounds Boulevard westbound ramp was opened up on Monday morning. The bridge itself and the eastbound ramp opening was delayed due to more rock breaking away than was anticipated but should be open by this weekend or next week. Next step is to close northbound Lafayette ramp on eastbound 94 for the temporary road. When that is done removal of westbound bridge comes into action which they expect ta begin this fall yet. He explained the west junction area has been divided into 9 sections and said that this information has been published and they have met with the Downtown Council to get this information out. 35-E work is progressing with some parts on schedule and some behind. In answer to Councilmember Dimond's question, Mr. Benke said the 6th Street ramp downtown going east would be closed until 19q2. Eastbound ramp at 6th Street by Metro State College will be opened next fall. Eastbound exits to 6th St. opened June 1990. Mr. Benke showed several slides and answered questions of the Committee. Some discussion followed on connection of 35-E to I-94. John Wirka, Parks Department, explained they did meet with the Metro Council Open Space Corr�nittee to see if this corridor would be eligible to become a regional facility and also to talk about the cost of the bridge extensidn and toured the site with them so they know what we are • talking about. Space Committee will recommend to the Metro Council that a public hearing be conducted and that the abandoned railroad be designated as a regionat trail corridor. The Metro Councii meets on October 13th and Mr. Wirka said it was his feeling they would adopt that recommendation. If Metro Council gives approval, then the matter 2 • will be brought back to the Council to take some action. Also mentioned funding sources should be considered through the C1B for acquisition of the railroad right of way. Councilmember Dimond cortxnented he was on the tour with Bob Benke, John Wirka and the others and he was encouraged by their enthusiasm for the proposal and also for their enthusiasm to try to connect up the eastside path system. Mr. Benke then said they agreed to proceed based on the resolution from the City Council asking them to delay the project and to build that _, extension, but they need assurance that the City will reimburse them for the extension and must know rather quickly so they can get the designs ready. [t was indicated to Mr. Benke that when the Metro Council meets on the 13th they should know better how to proceed. 5. FINAL ORDER: Removing and replacing of illegally installed curb, restoring street and�boulevard areas, constructing concrete driveway apron and possible removal of 3 boulevard trees. Property located at 1349 Midway Parkwav. Tom Keefe, Sidewalk Engineer� gave a brief history of this matter and said the curb was installed by the property owner, Mr. Jones, in April this year. No permit was taken out which is in violation of the • Legislative Code, and the work was well below our standards. The configuration of the loop is clearly a danger to traffic. This, in my opinion, he continued. sets a dangerous precedent and rnakes it difficult for my inspectors to enforce workmanship. At the last cortxnittee meeting Mr. Jones was instructed to look at getting a surety bond to hold the city harmless if anything should go wrong. Don Sobania, Traffic Engineer, then stated that stretch of Midway Pkwy. has two frontage roads which are two way streets. The neighborhood has organized a cortxnittee to investigate the possibility of maikng these one way, and I strongly encourage that, he added. Discussion followed on reconstruction of these roadways and accident � rates and speeds. Councilmember Dimond asked if Public Works might be able to post some yellow and black signs at that point where the loop is to make sure people see it. Councilmember Rettman said she would make a motion to deny this order and in the meantime piace the signage. Removing the curb will serve no purpose at this point, she said� because if we remove it, then we have a tree that will be run over many times. Councilmember Dirt►ond added along with that should be the bonding. Mr. Jones then responded the insurance company had no information on how to figure that out. If I have to put up bond for curb illegally put in, then you should require the other 30 people who have installed • curbs illegally with boulders, wood, concrete to do likewise as all would have same liability issue. Mr. Jones was advised the Committee could only act on the issue before them. Mr. McCormick, City Attorney, pointed out to Mr. Jones that the legal procedures of getting a permit require a$10,000 surety bond so even if � he had taken out a permit and followed specifications he would still • have had to file a$10.000 surety bond. So Mr. Jones is not being asked to provide any more than he would have to if he had done it legally. Mr. Jones said he had no problem with the $10,000 surety bond, but the insurance company asked what does that mean. Councilmember Rettman said she would add to her motion that the $10,000 surety bond be provided for the life of the curb and also reminded Mr. Jones that when reconstruction occurs in the future he would pay for replacement under normal assessments. Don Sobania said in his opinion if Mr. Jones wants signs put up the City shoutd be able to bill him for the extra costs. This matter is quite unusual and we are taking some additional exposure on the city's part to accommodate this gentleman. Both Councilmember Dimond and Rettman said if the Traffic Department thinks it is necessary to put up the signs, the owner shouldn't have to pay for it. Mr. Keefe again stated he would like to see the curb pulled out and restored to its former position and then you can eliminate the surety bonds. MOTION: by Councilmember Rettman to deny the Final Order to remove the illegally installed curb, Mr. Jones to post a$10,000 surety bond and signs posted was passed on a 2-1 vote with Goswitz • voting N0. At this point the Cor�nittee recessed for 5 minutes. 6. FINAL ORDER: Constructing the CLEVELAND/PORTLAND AREA STORM SEWER PROJECT (bounded by Summit, Fairview, Marshail and Exeter) {bounded by Iqlehart, Prior, St. Anthonv and Cretin). AND 7. FINAL ORDER: Improve the following streets: (see next page for listing). To be known as the CLEVELAND/PORTLAND AREA STREET PAVING AND LIGHTING PROJECT. AND S. FINAL ORDER: Constructing sanitary, storm and water service connections, if requested by the property owner, for the combined sewer separation project known as the CLEVELAND/PORTLAND AREA STORM SEWER AND STREET PAVING AND LIGHTING PROJECT. Joe Mueller, Pubiic Works Sewer Dept. project manager, said he was at the neighborhood meeting on August 31st where 100 peopie were in attendance and the project appears to be favorable. He pointed out a couple of concerns raised. One was the width of Prior Avenue and the other concern was trees to be taken out in the Shadow Falls area. A meeting was held with Kiki Sonnen regarding the trees and an alternative has been reached on that issue. Paul St. Martin will talk � on the Prior widening issue, he added. • Paul St. Martin, Public Works Paving, explained Prior Avenue is a MSA route. When MnDot was initially contacted they classified Prior as a • high density collector, 36 ft.wide with parking on one side or 44 ft. wide parking on two sides. Public Works felt it should be a low collector 34 ft. wide parking on one side or 40 ft. parking on both . sides. At that time we couldn't settle the difference with State so a resolution was passed asking for a variance. Since then MnDot has settied width for Prior at 34 ft. with parking on one side or 40 ft. parking on both sides and that is the standard we are dealing with. What we are proposing is 34 ft. with parking on west side to meet standards to qualify for $350,000 funding for this proJect. Parking on the west side is preferred because of St. Thomas College. The residents initially wanted 32 ft. with parking on both sides but since then another meeting was held and they now see it is a good idea to use MSA funding but they have asked us to request a variance to 32 ft. parking one one side. Public Works believes 34 ft. wide is reasonable and that we should not be asking for a variance. Councilmember Dimond remarked a decision was made at the last meeting where Public Works was asked to get a variance and said he did not see why this whole thing was being rehashed again. Joe Koenig, Pubiic Works Engineer, said since MnDot agreed to go along with the 34 ft. wide with parking on one side, Public Works did not request the variance because in their professional standards they considered this to be safe and adequate for traffic movement. • Discussion followed and Councilmember Sonnen suggested this order be amended to specifically state and direct Public Works to ask for a variance of 32 ft, parking on one side of Prior. If the State approves the variance, that is fine. If they say no. she added, then what will happen is street will be built 34 ft. wide with parking on one side. Councilmember Dimond said he was sick and tired of MnDot demanding what we do in our city and feels if variance is denied it should be appealed. He also stated that he had been told the reason the St. Clair appeal was lost was because Public Works did not aggressively argue our case. Public Works should be going out and finding out what the community wants, he continued. and take the position of advocating for the community rather than engineering standards. Dennis Grogan, 1946 Portland� asked when Public Works does not support these requests what assurance do we have they will make an aggressive appeal for this variance. Told at meeting we as citizens should follow this process and appear in front of the Variance Committee to see that a good case is made. Also stated Prior Avenue should be looked at as low density collector. There is a speeding problem on Prior because it is a 6 block unimpeded shortcut. Mr. Koenig commented if he lived on Prior he would favor the 34 ft. street because it is safer. He stated Public Works would make an honest professional presentation to the Variance Committee. however, • they don't like to request a variance on every 3ob, especially when they feel 34 ft. is reasonable. Councilmember Sonnen again suggested the orders be passed and that Public Works request a variance from MSA standards to 32 ft. wide, parking on one side, and further asked when date for hearing is set 5 . that she or her Aide be notified and qive it their best support and see what happens at that time. It was pointed out the committee that rules on this meets only every couple months and is made up of people from all over the state. Beth Berg, 1946 Portland, said she was concerned about plans to widen Prior Avenue because of the safety factor. St. Mark's school has their main entrance on Prior and Dayton. She said she wa5 here to support request for variance on Prior Avenue, keeping it the same width as it is now. She is concerned about safety of people in community and speeding of cars and feeis widening will encourage them to go faster. MOTION: by Councilmember Sonnen to direct Public Works Department to _ request a variance from the State for a 32 ft. width for Prior � Avenue parking on one side, and that the neighborhood be . notified when this hearing wili be held was passed on 4-0 vote. In answer to the Chair's question, Ms. Sonnen said in her opinion if the 32 ft. variance is not accepted, then we should go with the 34 ft. Mr. Koenig responded while he has no problem requesting the variance Public Works, PED and Parks all have to deal with the State and other agencies all the time and it is important that we keep a good rapport with them. Councilmember Dimond said Public Works shouldn't have to tiptoe around Mndot just because they give us funding, they are not • running our lives and if we get mistreated by them then we will have to correct that system. Councilmember Sonnen remarked that they were told it was the Public Works people recommending the standards and asked who is kidding who in this whole game. Mr. Koenig asked for the names of the peopte who are telling them these things. MOTION: by Councilmember Sonnen was passed on 40 vote with stipulation that Public Works Department wili request a variance to 32 ft. for Prior Avenue and advise community when this hearing will take place. 9. VACATION: Petition of SA1NT PAUL COMPANIES to vacate part of W. Sixth Street� W. Seventh Place, Mayall alley and the air rights in part of W. Sixth Street for a skyway for the purpose of constructing a new St. Paul Companies buildinq in downtown Saint Paul. Dave Neison, Finance Dept., explained this vacation is in connection with the 6th Street realignment agreement passed by the Council in June, July of this year. Resolution executes the attached contract between St. Paul Companies immediately upon and after approval of the necessary street vacation. Dave Nelson pointed out some changes to be made in the agreement. On the 3rd page #2, line 10 - add newly constructed Sixth Street and improvements to Hamm Plaza. Newly constructed 6th street is part of • the swap. we are getting the dedication of new 6th street and improvements of Hamm Place for the vacation of the streets and alleys as shown on your map. Important that be specified in this resolution. 3rd line from of: (a) the dedication of new 6th street described as follows ---- (b) then continue with improvements of pubiic hearing. . • This does not increase the money or change anything at all. Discussion foliowed on the design of the skyway and questions were asked if the city has any say in that design. William, Beiden, PED, stated they are very sensitive to the view and cognizant of the fact it will be a private skyway. They are working diligently with the St. Paul Companies architects and expect to come up with what is a very appropriate design for the skyway. Councilmember Rettman referred to page 8, where it talks about approval of Public Works and PED and said they would like to see it come back to the council for approval and review prior to approval of final design. Ward Schendel, legal officer for St. Paul Companies, said it was necessary for them to prooceed with the pro3ect and in order to do that they need to know if we have a skyway or not. If not, they will have to rethink whole project. Need to find out from this committee whether going to be a vacation or not. It was pointed out the Committee was comfortable in approving the vacation and the idea of the skyway but that they wanted the design of the skyway to come back through the council before final approval. David McDonnel, St. Paui Companies, said as long as the vacation and air rights are approved that will allow us to build a skyway that is • important. Councilmember Rettman commended the St. Paul Companies for always making sure their bases were covered before they proceed and their willingness to work things out. Mr. Schendel questioned where they would be if the Council did not � approve the skyway design. Councilmember Dimond answered they realize St. Paul Companies contribution to the city and feel they have to move in good faith. It was suggested to schedule another meeting in the future to discuss the skyway design. MOTION: by Councilmember Rettman to recommend approval, as amended, was passed on a 3U vote, with stipulation that the skyway design come back to the council for review and approval. 10. RATIFICATION OF ASSESSMENT: for the following (9) Above Standard Street Lightinq Pro.iects for the vear 1988: A. Ford-Cleveland Area B. Selby-Western Area C. Lowertown Area D. Grand East I Area E. North Wabasha Area F. Grand Avenue West Area G. Grand Avenue East I1 Area H. Smith Avenue Area 1. Wabasha-5th-6th Area • (for the months of November and December, 1988). AND 11. FINAL ORDER: For the operating costs for the Above Standard Street Lighting Systems in the followinq areas for the vear 1989: A. Lowertown Area B. Grand Avenue West Area 7 • C. Selby-Western Area D. Ford-Cleveland Area E. Grand East 1 Area F. Grand East II Area G. Wabasha Area H. Smith Avenue Area I. Wabasha-5th-6th Area Kathy Reis, Finance Department, said notices have all gone out and they have received no calls or objections. This is just annuai assessment. Only costs being assessed are those costs over and above the regular operating costs of lighting system. Item #11, she stated, is the 1989 estimated costs for the following year for above projects. No one appeared. MOTION: by Councilmember Dimond to recorrmend approval of ltems 11 and 12 was passed on 3-0 vote. 12. FINAL ORDER: Installation of 50 decorative lights on both sides of SELBY AVENUE from 221 feet east of Dale Street to Grotto Street and both sides of DALE STREET from 116.38 feet north of Selby Avenue (east side) and 110 feet north of Selby Avenue (west side) to 110 feet south of Selby Avenue (west side) and 172.5 feet south of Selby Avenue (east side) to be known as the SELBY AVENUE REVITALIZATION PROJECT N0. l. • AND 13. FINAL ORDER: The operating costs for the above standard street lighting system for the SELBY AVENUE REV[TALIZATION PROJECT N0. 1 for the year 1989. Katy Lindblad, PED, said she has been working with the Selby District Commercial Club. This project is a little bit different than other pro,jects in that the decorative lighting system wili be combining all of the lights on the street, it will not be a dual system approach. District Council has been active in getting people to go out and sign up for this and we have received signed waivers on public owned property. There is a great majority backing it and we have not heard of any objections. No one appeared. MOTION: by Councilmember Dimond to recommend approval was passed on a . 3-0 vote. 14. RESOLUTION 88-1567 - Requesting the County to restrict parking of motor vehicles on the west side of MC KNIGHT ROAD from Conway to Minnehaha. (Referred to Canmittee 9/27/88 L Chris Nicosia, Public Works Dept., stated that Jim Stahnke from Public Works Dept. had met with the neighbors and they requested No Parking on that side of the street. They agree entirely with the County and there appears to be no objections. • Dan Dunford, Public Works, added he had called the District Counci�l community organizer and asked if they would like to have this put on their agenda but she didn't think it was necessary. Said she would call the Board and ask if they wanted it and get back to me. he said, but • he has not heard from her. No n o e appeared. MOTION: by Councilmember Dimond to recommend approval was passed on a 3-0 vote. 15. RESOLUTION 88-1583 - Amending the 1988 Capital Improvement Budget and adding $700,000 to the KITTSON STREET E. SEVENTH to LAFAYETTE PROJECT. (Referred to Committee 9/29/88). Dan Dunford, Pubiic Works, explained MnDot came to us and asked if the city was interested in having this built because it would help in the detours they will have during the construction of I-94. This is a good opportunity for us to get the street constructed. Property owner is mainly Space Center and they are interested also in having this done. The financing as we see it right now will be from MnDot plus assessments to abutting property owners. Reason it is before you now is that it was never put in the CIB budget and we need to amend it to put it in this project. Negotiations on financing are not complete at this time, he said. Councilmember Dimond suggested naming this street University instead of Kittson because it is really an extension of University. He also asked if the project would be done with lantern style lighting and some landscaping to improve gateway connection to Mounds Blvd. • Councilmember Rettman said even though she agrees in theory this road should be done, she is not comfortable with the resolution because public notice has not gone out and the financing is not altogether especially if green lanterns and landscaping are to be included. Mr. � Dunford explained Space Center now has all their traffic coming out on Lafayette and this would give them additional access out of their building so they definitely are in favor. This is a great opportunity for the City, he added. Further discussion foliowed. No one appeared. MOTION: by Councilmember Dimond to recommend approval with amendment that Kittson be changed to University Avenue and that landscaping and lantern style lighting be looked at was passed on 2� vote Rettman voting N0. 16. RESOLUTION 88-1604 - Authorizing an agreement. #88014, with the City of Maplewood and Ramsey County for the reconstruction of Old McKnight Rd. between Maryland and lvy Avenues. (Referred to Committee by Council on 10/4/88). Chris Nicosia, Public Works Dept., explained this was on the Councii agenda for action but referred to Public Works Committee to answer any questions there might be. This is the new alignment of McKnight as it goes by Hillcrest Golf Course and ties into lvy. • Mr. Dunford added the work is done and the bridge over the railroad tracks is comp)eted. The agreement we had is that Maplewood would recanstruct the street with some parts done by Ramsey County that is just about completed. The City is agreeing to take on the normal maintenance of that street and we feel it was a good arrangment. No one appeared. . � , • MOT10N: by Councilmember Dimond to recortanend approval was passed on a 3-0 vote. 17. RESOLUTION 88-1605 - Approving load limits for RAYMOND AVENUE over BN 8 M.T. RR's and WESTERN AVENUE over BN RR bridge5. (Referred to Committee by Council on 10/4/88). Chris Nicosia, Public Works Dept., explained this is the old Raymond Avenue bridge. It is becoming unsafe and that is the reason for building a new bridge. Keeping safety in mind load limits are being posted on the old bridge. Western Bridge was ciosed for some time because of a fire but is reopened and load limits are also being placed on that bridge. Councilmember Rettman expressed dissatisfaction with passing this resolution without more information. Further discussion followed. MOTION: by Councilmember Dimond to recor�nend approval was passed on a 34 vote with the stipulation that the future of Western Avenue Bridge be brought back to the Committee for further discussion. 18. RESOLUTION 88-1606 - Authorizing release of temporary sewer easement no longer required by the Department of Public Works for property located at the southwest corner of SUBURBAN and White Bear Avenue. (Referred to • Committee bv Counc on 10/4/88). Dave Nelson, Finance Department, explained this action is to release a temporary sewer easement no longer needed. No one appeared. MOTION: by Councilmember Dimond to recommend approval was passed on 3-0 vote. 19. RESOLUTION 88-1615 - Amending the 1988 Long Range CIB budget to include the 1988 allev contract. (Referred to Committee bv Council on 10/6/88). Dan Dunford, Public Works Dept., explained every year we have local improvement of alleys and these are normally assessed 1007, except for some longside aid. Somehow this was not included in the 1988 CIB budget. He said he did not believe it was ever in the budget before because of assessments. There are no CIB dollars put into it. These items have already gone through but don't show up in the '88 budget, he added. Councilmember Rettman said she was not comfortable passing this unless she knows what the alley projects are. Mr. Dunford said each year three or four alleys are repaired based on complaints. Some discussion followed. No one appeared. MOT10N: by Councilmember Dimond to recommend approvai was passed on 2-1 • vote - Rettman voting N0. � ♦ � �.20. RESOLUTION 88-1616 - Amending the 1987 and 1988 C1B budget by transferring funds from one SHEPARD ROAD project to another Shepard Road pro.iect. (Referred to Cor�nittee bv Council on ]0/6/88) Dan Dunford, Public Works Dept.. said he had brought this matter before the CIB committee and they reco�nended approval. The resolution is for some costs that will be incurred in the Shepard Road project between Randolph and downtown. There is no money allocated in the '88 budget �" for that portion of Shepard Road. Those costs involve taking down and relocating advertising sign that must be moved and also some clearing in that area where street will be constructed later. The contract for the Shepard Road pro3ect Randolph to 35E was not let this year so there are funds that can be transferred from there. Both Counciimember Dimond and Rettman objected to the use of these funds to relocate an advertising sign. Dan Dunford explained anytime property is taken you have to relocate what is there. and the billboard is part of the project. Councilmember Dimond commented it is not the business or building, it is a sign. After further discussion, Councilmember Dimond said he would make a motion to recommend approval with the stipulation that no funds go to the relocation of the biilboard, however, Mr. Dunford responded that is a major part of the resolution. Further discussion followed. � MOTION: by Councilmember Dimond to lay this matter over for two weeks to IOSZ688 was passed on 3-0 vote. Meeting adjourned 12:15. • 11