Public Works Cte Minutes 09-14-1988 • � Cr
Roger J. oswitz, Ch ir
MINUTES OF PUBLIC WORKS COMMITTEE
September 14. 1988 - Room 707 City Hall
PRESENT: Roger J. Goswitz, Chair
Councilmember Bob Long
ABSENT: Councilmember Tom Dimond
Councilmember Janice Rettman (excused)
OTHERS PRESENT: Mary Garvey, Esther Miller, John N. Scott, Sally Herbst,
Mrs. Lawrence White, larry Burke, Pam Burns. James.Stolpestad.
Richard Leibold, Dick McCann, Tom Kuhfeld, John McCormick, John
Saumweber� Peter White, Bruce Hoheisel, Terry Garvey, Roy
Bredahl, Paui St. Martin, Joseph Finley, Maurice Michelson.
Councilmember Dimond's office called to say he would be quite late for
the meeting so Councilmember Long sat in for a short while.
1. The minutes of August 31, 1988 were approved as submitted.
2. VACATION: Petition of James Stolpestad for the vacation of part of
• the alley in Walsh Park bounded by Edgcumbe Road, Atbion, Lexington
Parkwav and Montreal for the purpose of residential develoament.
Dick McCann, Valuations Division, explained this is a rehearing on a
vacation laid over from last October because of drainage problems in
the area. The resolution requires the petitioner to extend the
drainage swail through his lots down to Albion and also to extend
the sewer in Walsh Park to alleviate ground water problem.
Roy Bredahl, manager of Sewer Division, spoke and explained the
drainage problem in the area and said they have worked with the
petitioner to find a solution to this problem. Petitioner has been
requested to pay to the city the cost for extending storm sewer that
exists in the alley to low part in Walsh Park that seems to collect
water. Extending the sewer 40 ft. and putting in catch basins at
that location should put the storm water into the sewer and drain
properly and hopefuily alleviate the problem, which is really a
ground water problem, he added.
Richard Leibold, 875 So. Lexington Pkwy., Lot 7. said he believes
the addition to the existing sewer which he gave the City an
easement on t� r�un thr�u9h �1� �r�pertY will n�t allevi�te hfi�
problem. The contour of the tand has been changed and the catch
basin won't catch the water. The basin has to be changed and
contour brought back to what it was in 1962, he said. -
• Councilmember Long asked if the runoff issue and the drainage issue
relate to the vacation and if Mr. Leibotd felt that clearing some of
the trees and brush out of there has created additional drainage
problems, or if even if the alley was not vacated if he would stil)
� have problems.
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J�m�� �tnlp��t��, t,SA Mt, c���rn, petittoner, pointed out he is not •
going to change the vegetation at all. lt will be left as is and
area to be vacated wili not be changed at all.
Roy Bredahl noted this is very rough terrain and the 40 ft. sewer to
be put in will have to be dug by hand. We feel we can go in and do
a minimum of disruption and hope to have it done before the end of
this season. If the vacation is approved the land would revert to
� Mr. Stolpestad and would be under his jurisdiction and he has said
there would be no disruption of that area.
Councilmember Long asked why the vacation is needed and Mr.
Stolpestad explained when he originally requested the vacation he
needed it to meet city side yard setback. Since then he has
reconfigured his plan and doesn't really need the setback, so the
vacation is really not needed other than it would be nice to add a
little to his lot.
Councilmember Long said if the petition to vacate is withdrawn
runoff would still exist and he asked if Pubiic Works would still
intend to put the sewer in regardless. Further discussion followed.
Councilmember Long suggested laying this matter over for 2 or 3
weeks so that he can meet with the parties involved. Mr. Stolpestad
said he would like to get this matter resolved one way or the other
but if it takes two weeks, that would be fine with him. Mr. Leiboid
said he has a claim against the city now and shouid hear back from •
the City on the 23rd. He aiso said he has not seen an ordinance or
contractual agreement on the easement through his property.
The Chair stated he would like to go out and look at this area
personally. Mr. Leibold said he would be glad to give them a tour
at their convenience - phone number is 534-2886.
Action was taken to lay this matter over in Committee for two weeks
to September 28, 1988.
3. VACATION: Petition of the City of St. Paul fo� the vacation of an
abandoned sewer easement in Block 2, Wildrose Addition between
Fourth and Fremont Streetg. Purpose is to clear titie.
Dick McCann, Valuations Division, said this is a housekeeping
matter. Vacation witl release sewer easement for sewer that is now
abandoned. Sewer Dept. has no need for the sewer and this action
is needed to ciear t�e titie. No one appeared.
Matter was referred to City Council with no recommendation because
of lack of a quorum to vote on the issue.
4. VACA7ION: Petition of John Scott, et al for the vacation of the
south 4 feet of Jessamine Avenue between Kent and Loeb Street.
Purpose is for residential development. •
Dick McCann, Valuations Division, explained there are no objections
to this vacation from any city departments or agencies. Staff
recomends approval.
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• John Scott. 680l-225th Street, Stacy, Mn. is the petitioner and he
said he was in favor of the vacation. No one else appeared.
Matter was referred to City Council without recommendation because
of a lack of a quorum.
5. VACATION: Petition of Zane May Operating Partners for the vacation
of a sewer easement in Lot l, Block 1, Kosy Corner located in the
intersection of Universitv and Prior Avenue.
Dick McCann, Valuations Division, said this vacation will retease
sewer easement in this area. Present sewer is under the building
right now and the new sewer will correct that problem. A new sewer
was constructed to replace this one for which the petitioner is
� being assessed $106,000 and has agreed to take over the operation
and responsibility of sewer. Sewer Division wants to release the
sewer to the petitioner.
John McCormick, City Attorney's office, spoke on several amendments
to the agreement. Attorney for petitioner has pointed out several
changes he felt were more appropriate for this type vacation. 1 have
reviewed them and have no ob�ections to them. Mr. McCormick said.
On page 2, item 2- last sentence -- "This special assessment shall
be levied over a five-year term" - five year has been changed to
read twenty years. On page 2, item 3- first line should read -
• That the petitioner for itself and its successors and assigns .....
and on page 2 item 4, line 8-... received or sustained by any
person, persons, or property .. add: from or after the date
petitioner accepts the terms of this vacation,.�...... and in same
5entence ... "petitioner's use of this property" to read:
petitioners use of the vacated easement area". In my vpinion, Mr.
Mccormick continued, these corrections make no substantial changes.
Joseph Finley, 1500 5th Avenue, Mpls., attorney for petitioner,
said he agreed the changes reflect what was requested. He
suggested the owner of the property be identified as owner of Lot 1,
Block 1, Kozy's Corners so it runs from the current owner to the
city rather than following property owners. Mr. McCormick had no
objections to this. Peter White showed Mr. Finley a drawing of the
new easement and Mr. Finley stated it looked fine.
Matter was referred to City Council without recommendation because
of a lack of a quorum to vote on the issue.
6. FINAL ORDER: Condemning and acquiring property located in the
Northwest Quarter of Section 36, Township 29, Range 23, for the
widening of DALE STREET between Sherburne and Van Buren Avenues.
Also condemning and taking easements in the land necessary for
slopes in the 9radin9 and paving of Dale Street.
. Tom Kuhfeld, Public Works Dept., said Dale in the vicinity of
University as well as the section by Minnehaha have already been
widened. This proposal is for the section in between University and
Minnehaha which is much narrower. Proposal is to widen by acquiring
homes on the east side. The project has received favorable support.
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• We are aski�g the Committee to approve the right-of-way acquisition
and once that is acquired we will come back for approval of the
specific plan, he said.
Paul St. Martin, Public Works, said he was at the neighborhood
meeting for this proJect. There was a good turnout from the
neighborhood and there were no complaints or objections to the
project.
Peter White, Valuations Division, pointed out the estimated cost to
acquire all this property is approximately $2 Miilion. At this time
there is $300.000 state aid money available for the acquisitions.
Some property owners have expressed an interest in moving out
quickly and others are interested in staying for a while. What we
intend to do is buy out those that want to move right away and when
more money becomes available continue with the acquisition process.
. Terry Garvey, 1440 Ashland, said he was speaking on behalf of his
mother who lives at 618 Charies. The first public meeting held on
this proposel was in 1969. I think the proJect is long overdue, he
added.
Sally Herbst, 600 No. Dale, owns coffee shop and lives at corner of
Dale & Thomas. She also said this proposal was made 20 years ago
and at that time we were told the latest it would be done was 1973.
• My husband died in 1973 and I am still sitting here she said, and 1
am 75 years old. She also pointed out that cars have run into
her building three times and said traffic is much heavier than it
used to be and there are many accidents on this corner. Peter White
asked her if she was interested in moving out right away and Mrs.
Herbst said she was ready to go any time. Mr. White then said that
for those people expressing an interest in moving out quickly the
City will get an appraiser out and determine the value of their
property and make them an offer and will acquire as many as possible
until the $300,000 is used up.
Maurice Michelson, said he is the titie holder of 690 N. Dale. They
have problems with vandals and wouid be interested in having their
building taken right away.
Larry Burke, 680 N. Dale, said he bought a duplex and spent $10,000
fixing it up in anticipation of keeping it for a number of years.
He felt the appraisers would not value it as it should be. Mr.
White explained the City hires two independent appraisers and if the
property owner disagrees with the amount, they can hire their own
appraiser and the City pays $300 toward that fee. If it still can't
be worked out between the City and the property owner, then it goes
to District Court and commissivners are appointed to arbitrate what
the value is. He suggested to Mr. Burke that he might want to stay
there for a while and maybe he could recover part of his cost from
�• rents within the next 3 to 5 years before his property is taken.
Further discussion followed.
Matter was referred to the City Council without recommendation
because of lack of quorum to vote on the issue.
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. 7. RATIFICATION OF ASSESSMENTS: For the 57ILLWATER/NOKOMIS AREA STORM
SEWER PROJECT.
AND
8. RATiFICATION OF ASSESSMENTS: For the STILLWATER/NOKOMiS AREA STREET
PAVING AND LIGHTING PROJECT.
Tom Kuhfeid, Public Works Dept., expiained neighborhood meetings
have been held to work out any questions or related concerns people
have had. Apparently most people have had their questions answered.
No one appeared.
Items 7 8 8 were referred to the City Council without recommendation
because of lack. of quorum to vote on the issue.
9. RATIFICATION OF AWARD OF DAMAGES: Condemning and taking a 55-foot
permanent easement between the easterly line of LAFAYETTE AVENUE and
the Westerly line of the permanent easement taken for the Trout
Brook Sewer construction. (Bruno Street easement.in connection with
the Trout Brook Outlet Easement Phase B Projec�). (laid over from
8/31/88).
Peter White explained this matter had been laid over from the last
meeting because there was some question raised as to whether we are
being consistent with amount of money we charge for vacating
• property as we are for what we have to pay for easements. The
policy we use for vacations is that if it is property Port Authority
leases, then we collect the value of the area vacated. if �t is
. property the Port Authority owns outright and does not lease, then
in those case we charge only administrative fees, and we think we
are being consistent, he added.
Matter referred to City Council without recommendation because of
lack of quorum to vote on the issue.
10. FINAL ORDER: For the installation of 42 single globe style
decorative li4hts on SM1TH AVENUE.
AND
11. FINAL ORDER: For the operating costs for the Above Standard Lighting
System on SMITH AVENUE.
John Saumweber noted at the last meeting Katy Lindblad suggested
going out and surveying the neighbors once more, however, she is
not present to report on the results. Diane Rossi, Smith/Dodd
Association, said she had a copy of Ms. Lindblad's letter. She and
a gentleman from WESCO did survey the residents and the people along
that area and were able to reach all but 4. Her conclusion was that
there were 17 yays, 14 nays, 1 questionable and 4 they could not
contact. Ms. Rossi commented it looks like the Committee wili have
to make the decision.
• The Chair cor�nented we have been struggling with this for weeks.
The money to be spent on this project is public funds and grants,
and there are many areas that can agree 100� on what they want
done. As long as it appears the support is half and half he said he
would recommend the matter be withdrawn altogether.
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John Saumweber said they would have to set a date for the public •
hearing and renotify people affected.
Matter was refer�ed to City Council without recommendation because
of a lack of quorum to vote on the issue.
12. APPEAL of PAM BURNS to a decision of the Public Works Department
denying her request for a waiver of sewer and water facility
equipment for Lot 3. Block 5, Lewiston Heights 2nd Addition at
Douqlvnn Lane and Winthrop. _(Referred to Committee 9/6/88).
Tom Kuhfeld, Public Works Dept. said as you know this is in the
Highwood area and District 1 Cortmunity Council, in cooperation with
the City, is doing a study of the area to determine the best they
can if sewers are needed and where. The City Council has put a
moratorium on ail waivers for allowing septic and wells to go in
with a new home and, as such, Public Works has denied this request
for a waiver and it will therefore be up to the City Council to
decide whether or not to allow it. He reminded the Committee that
in making that decision they should be aware there are other people
. asking for the same thing. lf this waiver is granted, in order to
treat people fairly and equitable quite a number of others shouid .
also be granted.
The person requesting the waiver, he contirwed, wants to put up a
home on the corner of Dougiynn Lane and Winthrop which are both •
unpaved and ungraded gtreets with no sewer or city water. City
ordinance requires paved streets, sewers and water facilities to be
in before Public Works can issue a house number which is needed to
get a building permit. The Director of Public Works can grant a
waiver, but because of the study going on and previous action before
the City Councii, we are not granting any waivers at this time, he
added.
Pam Burns, 2137 Skyway Drive, said she is requesting a waiver so
they can build a log home which would fit in very naturally in this
wooded area. She said she is trying to take advantage of a loan
through the Minnesota Housing Finance Program for first time home
buyers on a 30-year mortage at 67.. One of the requirements of this
program is that your house is built and finished and you live in it
by December lst. so there is an urgency in this request. The square
footage of the property is adequate to hold an on site system, land
would be suitable for the system and it would be 50 ft. away from
any neighbors. Denny Schlomka has put in these systems for many
years. She said she is aware of the study being done but has had a
positive recommendation from the chairman of the Land Committee in
that area for the waiver being granted. This is an opportunity for
me to take advantage of housing program for American Indians first
time homebuyers and realize the American dream, she said.
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• Ms. Burns was asked to find out at Just what point the house is
considered done or completed. Mr. Kuhfeld again stated he did not
think it was in the best interest of the city to grant these waivers
but because of the urgency the best thing to do would be to move it
out to the council and get a decision in a timely way if it is going
to be made. Ms. Burns was asked to get a written recormiendation from
the District l Community Council.
Matter was referred to the City Council without recommendation
because of a lack of a quorum to vote on the issue.
13. RESOLUTION 88-1386 - Approving the appointment by the Mayor of CRAIG
WRUCK to serve as an Alternate on the METROPOLITAN AIRCRAFT SOUND
ABATEMENT COUNCIL, term to expire August 16, 1990. (Laid over from
8/31/88).
Mr. Wruck was notified of this meeting but was not in attendance.
Matter was referred to the City Council without recommendation
because of a lack of a quorum to vote on the issue.
Meeting adjourned at ]0:05 A.M.
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