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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. 1 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. 2 • 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. 3 • 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. 4 . 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. 5 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. • 6 � i • • 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. � • 7