Loading...
Public Works Cte Minutes 09-28-1988 �.� o �� • �� Janice Rettman, Actinq Chai � MINUTES OF PUBLIC WORKS COMMITTEE September 28. 1988 - Room 707 City Hait PRESENT: Councilmember Janice Rettman Councilmember Tom Dimond Councilmember James Scheibel ABSENT: Councilman Roger Goswitz (excused) OTHERS PRESENT: Dennis Grogan, John Cullen, John Saumweber, Tom Keefe, Rose Hallgren, Mary Prior, Art Seebach, W. F. Jones, Adrienne Lamson, Vernon Kortz, Elaine M. Wagner, Frank Richards, Beatrice _ G. Bogusky, Linden lund, Bruce Hoheisel. Steve Zaccard, Jo Haberman, Beth Berg, Chris Nicosia, Peter White. Paul St. Martin, Dick McCann, Larry Lueth, Marv Sorvala, John McCormick. 1. The minutes of September 14. 1988 were approved as submitted. 2. FINAL ORDER: Condemning and taking permanent utility easements for the MARSHALL/HAMLINE AREA SEWER SEPARATION PROJECT. Also, permanent and temporary construction easements. _ • Peter White, Valuations Division, explained an addition will be made to the existing sewer easement behind the Midway Shopping Center and there will also be a temporary easement. Included in this order are a couple of easements near Dunniung Field where there is an existing sewer easement and a temporary easement wiil aiso be needed here. Mr. White pointed out there is a slight change from the original. . order and sugqested the Committee recommend approval as amended. The amended Order will be ready for the Council hearing. Chris Nicosia, Department of Public Works, responding to the question raised previously on what effect this project would have on deliveries to the shopping center said he checked with TKDA and the pipe to be laid will not require a deep cut and they don't anticipate any problems. In answer to Councilmember Rettman's question, Peter White said the estimated cost for the easement is $30,000. No one appeared. MOTION: by Councilmember Dimond to recommend approval as amended was unanimously carried. 3. FINAL ORDER: Condemning and taking an easement on the east side of BIDWELL STREET from E. Annapolis Street to E. Winona for slopes, cuts an fills for the qradin4 and pavinq of Bidwell Street Peter White, Valuations Division, asked that this item be withdrawn because it is not necessary at this time. The street is pretty much • done and slope easements are not needed, he said. No one appeared. MOTION: by Councilmember Dimond to recortmend matter be withdrawn was unanimously carried. • 4. 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, stated the property owner installed a curb without benefit of a permit and in violation of many standards and specifications. Our proposal is to remove the curb, return the boulevard and street to its prior condition. The trees will not be disturbed at this time, he added. Mr. Jones, owner of 1349 Midway Parkway. said after being frustrated with parking from the State Fair and Como Park and watching other neighbors put in curbs within the last year and a half. in April he . decided to put in the curb to simply protect the sod and dirt and to keep the people from parking on the sidewalk and also to save the tree from being damaged. The other curbs were constructed using timbers, concrete, rocks, etc. He said when he had cailed the city to see what couid be done he was told they would not do anythinq until sometime early in 1990 wh?n this area comes up for im�rovernent. He added he is now activelv involved with the Midway Task Force to help work out their problems. At the time he installed the curb he said he was not aware a permit was required and while he was working on it he got help . on the layout from two Public Works individuals who told him to call when the curb was in. It was at this paint that Mr. Keefe came out and told him he would have to remove the curb. Mr. Jones said he realizes the curb was put in illegally and knows it will have to be taken out when the street is redone in two years but since he has paid the penalty he asked that the curb be left in place until that is done. Councilmember Dimond commented it's hard to be too critical when someone puts in that much effort to fix up their �roperty. Both he and Councilmember Scheibel suggested the curb remain in place until the new street and curbing is put in since Mr. Jones does understand when this is done his curb will come out and he will have to pay the whole price. Mr. Keefe said in his opinion this would be setting a dangerous precedent and if it is allowed in this instance where does it stop. He suggested this question be referred to the Council. John McCormick, City Attorney, said it is obvious this construction is within the city right-of-way and was not done to specifications or designs and is certainly not uniform. The bottom line, he said, is is it a safety hazard or nuisance or does it obstruct the flow of sewer water in the area in its present state. If staff determines it is not a nuisance, then it is up to the Council to make the determination. Mr. Keefe said it is not negative in the way of drainage, the only negative is public safety involved and that should be addressed. � Mr. McCormick asked Mr. Keefe if he thought leaving this curb in would effect his ability to enforce these regulations in the future and he again said he felt this would be setting a bad precedent. The question of liability in case of accident was discussed. Mr. McCormick asked if Mr. Keefe knew of any cases where the city had been • sued because of this tyPe of construction and Mr. Keefe said he was not aware of any such suit. Both Councilmembers Scheibel and Dimond agreed as long as they are advised there is no public safety factor involved, the curb should be left as is at this point as long as Mr. Jones knows the curb will have to come out in a few years and he wili be assessed for that project. Councilmember Dimond moved to deny the order but then suggested supporting it with the understanding it be done along with the regular sewer separation project and in conjunction with Midway Parkway Task Force recortxnendation. Chris Nicosia, Public Works, asked Mr. McCormick if it would be wise to have some kind of liability bond provided the city in case of any _ lawsuit that might occur. Mr. McCormick said that would be in order and Councilmember Dimond suggested a motion to ask the City Attorney to get together with Mr. Jones to see what coverage is needed. Mr. Jones said he would check today to see what his coverage is and suqgested meeting riqht at the site so they can see the situation firsthand. MOTION: by Councilmember Dimond to lay this item over for two weeks to October 12, 1988 was unanimously carried. • 5. FINAL ORDER: Improving IRVINE AVENUE between Sur�wnit Avenue and Pleasant Avenue (includes upper Irvine Avenue between Surrmit and Pleasant and lower Irvine Avenue between Ramsey Street and Pleasant Avenue? by grading and paving, constructing curb and gutter, new catch basins, new driveways, a green lantern style street lighting system, new retaining walls and doing all other work recessary and incidentai to said project. To be known as the IRVING AREA STREET PAVING AND LIGNTING PROJECT. AND 6. FINAL ORDER: Constructing the iRVINE AREA STORM SEWER PROJECT (bounded on the north by Kellogg Blvd.; on the west by Su�nit Avenue; on the south bv Ramsey Street and on the east bv Pleasant Avenue. AND 7. FINAL ORDER: Constructing sanitary. storm and water service connections, if requested by the property owner, for the combined sewer project known as the IRVINE AREA STORM SEWER AND STREET PAVING AND LIGHTING PROJECT. Paul St. Martin, Public Works, said he is involved in the design of the project and has had many meetings with the neighbors but there are still a lot of issues that have not been resolved. This project was initated as part of the CSSP program. He went through the improvements proposed by Public Works and pointed out the issues that have not been agreed on such as converting the overhead utilities to an underground system, replacement of the retaining wall with keystone • instead of limestone, installing a fence on the retaining wall with a coated chain link fence, etc. After hearing part of Mr. St. Martin's presentation, Councilmember Scheibel said it appears no decision will be made today and he is • concerned they are really far apart. He also said he felt this is a very historic area in St. Paul and has some value and for that reason he didn't think this project should be treated as a normal project but should be looked at from a city perspective. Some of the areas he suggested work on were: further dealings with NSP and Continental to see if they would share some of the cost to bury the lines, retaining wall and fence. Councilmember Dimond said he did not think this design was at all acceptable and suggested sending it back. Areas he was concerned about were: retaining the existing wall whereever possible, where it can't be done repair or replace it with the same material, utilities be underground - NSP has been very cooperative with neighborhoods, he said, and maybe some NPP money or grants could be obtained and there _ may have to be some assessments. Vernon Kortz referring to 378 Summit Avenue asked if streets such as Grand Avenue, Summit were not assessed and questioned whether this should be a Summit or Irvine address. Peter Wh?te explained MSA streets are well travzlled arter?al �±reets, arEd said they are not assessed for roadway type improvements. When lookinq at the property to be assessed, he said, we don't look at an address or building, but look at the land. The improvement is benefit to the land and how it is situated where land is abutting improvement. • Karen Avaloz. 330 Irvine Avenue. said she has lived there 20 years and thev never have had a street sign. She said she was prepared to go . into the. plan and review all the"noints the neighbors feel are not adequate oF does not serve their purpose. ' Councilmember Rettman pointed out that this item will not be acted on today and Councilmember Dimond suggested rather than rescinding the order that it be laid over in committee fnr further information. Karen Avaloz continued and said there is no agreement with the sewer separation project and they are concerned with the street design. Their effort is to protect the urban setting; this area is one of the oldest areas in town. We are not talking about one real short street, but about a historical district. We are asking that the 90 ft. of the wall that has to be replaced because of a washout be repaired with limestone. We are asking that sewer covers and gutters be replaced with the original granite and fiagstone. The biggest thing is the conversion of utility lines, and while it is expensive, she said, these issues have been resolved in other places. We question the wall itself and the figures for replacing it and that being thrown into the assessment project. Residents should not have to pay for what is public property. Irvine Avenue, she continued, has never received any kind of maintenance that other areas receive. The fence was never mentioned at the meetings, we were promised and guaranteed design for • crossover would be original design and we never agreed to brick gutters. The HPC has recommended keeping the original materials for this project. The Public Works Departrnent wa�ts to make these changes because they say it is cost effective but they do not consider the character of the neighborhood. Irvine Avenue should be treated with the same dignity as Summit Avenue. We are being to)d we are asking • for more than any other neighborhood but we are asking for what we have waited a lonq time for and we need to meet with someone to work out some of these things before any money is spent. Elaine Wagner-„ 292 Irvine. said her family has lived on Irvine Avenue since the turn of the century. She supports what Karen Avaloz has said and is vitally interested in keeping the street as qreat as it can be. The street isn't just for us but is used by walkers, joggers and people from all over St.Paul. The main point she wanted to make is that they care and want to do whatever they can to keep this a historical area and are willing to look into getting grants or whatever else they can do. Linden Lund said he feels it would be more efficient and very _ important to have the utility lines underground. This area probably has more power outages than any other part of town, he added. Frank Richards, 358 Irvine, said he has talked to many neighbors and believes these problems can be worked out. Chris Nicosia, Public Works Dept., said they came prepared to listen to neighbors and feel they have had honest negotiations with them. We don't have any objections to the aesthetics in the area - it is the cost factor. We have only so many dollars to take care of streets and • have to treat all neighborhoods alike. We will be happy to go back over this for another year or six months but it will then have to go in under the 1990 program. � ���MOTION: by�:�ouncilmember Qimond to Tay this mat�er..over ror two .� �� . months and amend it so that it 'would include underground � ' utilities, repair and/or replace existing walls with limestone in same design, replace crisscross as currently designed and retain granite. ��In:answer�to Ms.Avaloz's questibn as to who they can deal with the get � right information. etc., Chris Nicosia.said Paul St. Martin is in charge of this project and is doing a good job so he would be the one to meet with. Mr. St. Martin can also bring in anyone else that might be needed to answer their questions. Councitmember Rettman stated this matter wili be laid over for two months and witl be updated at the November 30. 1988 meeting. Further, that this project will be scheduled in 1990 instead of 1989. 8. FINAL ORDER: Constructing the CLEVELAND/POR7LAND AREA STORM SEWER PROJECT (bounded by Surr�nit, Fairview, Marsha)1 and Exeter) (bounded by Ialehart, Prior, St. Anthonv and Cretin). AND 9. 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 . 10. FINAL ORDER: Constructing sanitary, storm and water service connections, if requested by the pro�erty owner, for the combined sewer separation project known as the CLEVELAND/PORTLAND AREA STORM SEWER AND STREET PAVING AND LIGHTING PROJECT. Peter White. Valuations Division, said a notice was sent to the people which listed October 12th as the date for the Public Works Committee meeting and said this matter should be laid over to that time. There were a few people present on this matter and they were allowed to speak at this time. Dennis Grogan, 1946 Dayton Avenue, said they are requesting a variance from the MSA standards for Prior Avenue for 32 ft. wide with parking on one side only. _ Paul St. Martin, Public Works Dept., said when this was originaily looked at P.W. felt the street should be ciassified as a low density collector 34 ft. wide with parking on one side or 40 ft. wide with parking on both sides. In discussions with MSA they classified it as high density, 36 ft. wide parking on one side, or 44 ft. wide parking on both sides. Two or three months ago a resolution was passed authorizing us to ask for a variance if needed. We feel we will not get a 32 ft. variance and do not want to upset our good relations with the State. • Councilmember Dimond said he is infuriated with MnDot when they � mandate things for our neighborhoods when we are willing to tive with .�� � . them. Thei r response _ i s.that you . asked: for.• thos� standards .and: we� are . �� . � . � � . just . �cy.i ng �. .to , meet �he standards XQU want �and. i f. �you '�ant� .�th�m � . _. � � . changed do it. The City has to have the flexibility to make those determinations. Molly 0'Rourke, Councilmember Sonnen's Aide, was asked to clarify the � �� var.i ar�ce . req�est �: and she stated ;the.: .Co.un� i l di.d ;. pass a r.esa l�ut i.on . asking for a varianee, but the problem is�it dtd not.gpec.ify what tfie � � variance was. The neighborhood wants to continue to seek.a 32 ft. variance, she said. Beth , 1946 Portland, said the neighbors are concerned about the traffic on Prior and asked if stop signs and a basketweave could be done. Mr. St. Martin said he wouid ask the Traffic people to look into this and to be present at the next meeting. Jo Haberman, Merriam Park C.C., said some of the people had received a notice saying that Roblyn between Howell and Ferdinand would just get the paving for $17.00. They are upset because the other areas will get everything, the new paving, curbs and gutters for $19.00. She presented a petition signed by all but one person asking that they get everything for $19.00 or that nothing be done as their paving is in • good repair. Peter White, after checking the order, said this whole block wili be getting all the improvements. The information on the notice sent out relating to the $17.00 ft. rate, that is for the two streets that have existing curb and gutter in place that is in good shape and is not , , r • going to be removed {Selby - Cleveland to Howell and Temple Court - Cretin to Roblyn.? Some discussion followed. This matter will be back in front of the Committee on October 12th. I1. VACATION: Petition of Jarnes Stolpestad for the vacation of part of the alley in Walsh Park bounded by Edgcumbe Road, Albion. Lexington Parkway, and Montreal for the purpose of residential development. Laid over from 9/6/88). Dick McCann, Valuations Division, explained Mr. Stolpestad has withdrawn his request for this vacation. MOTION: by Councilmember Dimond to withdraw the vacation was unanimously carried. _ 12. RESOLUTION: Approving stipulation agreement from Minnesota Pollution Control Agency assessinq the penalty of $75,000 to the City for the permit violati�n which occurred on or about May 28, 1987 to June 11, 1987. This was immediately corrected but not immediately reported to the Minnesota Pollut Control Aqency. _ __ _ AND 13. RESOLUTION: Revise budget to pay the penalty assessed to the City by Minnesota Pollution Control Agency, for Permit violation. The City's Pro.ject Representative, Toltz, King, Duvall, Anderson 8 Associates • will reimburse the City. Laid over to October 12, 1988. ' 14.� MnDOT �presentation - Reconstructidn of I-94 in the vicinity �bf St. Peter Street and Robert Street, including the reconstruction of three bridqes and the 35 mph curve on I-94. _ Laid over to October l2, 1988. 15. Other. bUsiness. �Mary �Prior_ - DeSoto Street (Ar}ington-Arkwright Project) Chris Nicosia, Public Works. said at the assessment hearing Mr. 8 Mrs. Prior raised some questions about the construction of DeSoto Street and it was agreed their concerns would be discussed in Public Works Committee and that the old sur records and engineering data would be brought in. He then asked Larry Lueth from Public Works Department and Marv Sorvala, consuitant on the project, to proceed with their findings. The problem is with the driveway at 1528 DeSoto. Larry Lueth referred to the survey readings on the original grading plan of 1960 and also the surveys taken in 1986 which indicated a 6 inch difference, however, when we come in to regrade and pave we take the highs and lows out of the street and it is routine for them to • vary somewhat, 6 inches is not unusual. The real problem, he said, is even if we raised the grade of the street 6 inches or a foot and a half. the driveway slope is much higher than it should have been. We couldn't provide a reasonable access to that driveway. � , ., % • Marv Sorvala showed pictures before and after and said when you compare the boulevards you can see it is impossible for the street to be 18 inches lower. MnDot recornmends a maximum siope for residential driveways of 15% and that slope is almost 269.. Mary Prior showed pictures of the progress of their house and street and had a friend RoseAnn present who said she used to be able to walk up that hil but there is no way she could do that anymore. Mrs. Prior presented petition signed by her neighbors indicating the street has been lowered considerably, she had a letter from her excavator, one from Eberhard Construction, one from State Repr Richard 0'Connor and one from Rose Anne 8 Lee Hallgren all relative to the street being lowered more than it should have been. Chris Nicosia, corr�nented that if the street was raised 18 inches it wouid be as high as the people's basement windows on the west side of the street and would cause reverse problems for them. He indicated the Building tnspector was out there he mentioned that it appeared to him to be mighty high and the answer he received was that it was such a beautiful view from up there. After much discussion, John McCormick, City Attorney said it appears at this point the Priors feel they have been damaged by the city and are askinq for a massive change in the structure of the street. They . can either appeal the assessment or file a claim with the city or take it to District Court. Mr. Prior stated it has never been a matter of the assessment or the quality of the work. Mrs. Prior said they have tried to stop construction at every point but could not. Marv Sorvala again said any way you look at it the grade of the driveway is almost impossible even if the street could be raised 1$ inches. Further discussion followed. Chris Nicosia offered to give Mrs. Prior.copies of surveys or whatever. other information they can or to meet with her architect to go over these with him. Meeting adjourned: 12:10. � �