Loading...
Public Works Cte Minutes 08-31-1988 _ _. .... _ _ _. _ 1 . • � Roger J. Gos z, Chair � MINUTE.S OF PUBLIC WORKS COMMITTEE August 31, 1988 - Room 707 City Hali PRESENT: Roger J. Goswitz, Chair Councilmember Tom Dimond Councilmember Janice Rettman OTHERS PRESENT: Monica Michaelsen, Bill Buth, John Saumweber, Bill Becker, John Neihart, Scott Walters, Bernard Piorek, Maxine Hamel, Jerry Monette, Liz Podolinsky, Bruce Hoheisel, Rudy Brynolfson, Darrell Butterwick, Lee Ruiz, Harry F. Hubel, Gene Johnson, Michael . Ludwig, Lynette Fjellman, Mary Ellen Roxin, Gerald Kaluzny. Bob Benke, Kermit McRae, John Wirka, Bob Piram, Dan Dunford, Peter White, Chris Nicosia, John McCormick, Tom Weyandt, A1 LeFebvre, Diane Rossi. 1. The minutes of August 24, 1988 were approved as submitted. 4. FINAL ORDER: For the construction and/or installation of a bus shelter, with advertisement, on the public rights-of-way in Saint • Paul by Ad 5helters, Inc. at the following location: 5ite #T-652 Northeast corner of WABASHA and SEVENTH STREET, on the Wabasha side approximatelv 10 feet north of Seventh Street. This item was moved up as the first item on the agenda. Jim Stahnke, Public Works Traffic, explained this is�a non controversial item. The Final Order indicated $5,000 was from public funds, however, that is wrong, he said. Funding is with private funds entirely by Ad Shelters. Harry Hubel, 10 W. Exchange Street #1309, said he is Vice Presiclent of the Council In-House and he is representing those people. They are very much in support of this shelter. MOTION: by Councilmember Dimond to recommend approval was unanimously carried. 10. RATIFICATION OF ASSESSMENTS: For the ARLINGTON/ARKWRIGHT. AREA STREET PAVING AND LIGHTING PROJECT. Also, for the Arlinqton/Arkwriqht Supplement. (Laid over bv Council on 8/16/88) AND 11. RATIFICATION OF ASSES5�IENTS: For tt�e ARLINGTON/ARKWRIGHT AREA STORM SEWER PROJECT. (Laid over bv Council on 8/16/88). Cr�ris Nicosia, Public Works Department, stated when the ratification came up a month ago there were some problems, especially with the • Wl�eelock Ridge area and the coordination of getting NSP in and out. Since that time NSP t�as complei:ed much of their work and a lot of action is taking place. He gave a progress report of the work done in the area. ' . M�t�y F�r�� 1 t�► , i 54� UeSoto. sa i d she own 4 1 ots and 1 i ster� severa 1 • concerns she has with the work being done. Ttie grade frorn the street to the driveway is too steep; the street is 17 inches lower than what it was before; the street dips to the east and all the water r_omes to her side; when the curb was put in the pipe they had in the trench to drain the water that comes from the hillside was cut in hatf; and the dirt for the boulevards was full of rocks, asphalt, concrete, etc. She said she has called many times but has not been able to get anyone to come out and look at these pro�lems and has only gotten excuses such as they can't find their transit. Mr. Nicosia said he would get in touch with Tom Peterson, the � consultant, and have him stop in and see Mrs. Prior. Lynette Fjellman. 1364 Jessie. complained about the steep driveways at her acidress and at 1356 and 1360 Jessie. They are so steep she said, when you back out of your driveway you hit the tailpipe on the cement. Mr. Nicosia st�ted this complaint wili be included in the punch list work. John Neihart, 556 E. Wheelock Parkway, explained they could not connect to the sewer that was put in some time ago but had to connect up to the sewer going up to Edqerton and across the school grounds which gives them only a 4 ft. drop. Once a month or so the sewer has to be flushed to keep it cleaned out and we are charged for that, and now you say the rain water has to be separated from • the sanitary sewer. I am being assessed $373.50 for this and I , don't feel this benefits me at all, he added. Peter White explained the areawide assessment and noted that everyone on both sides as wel) as below him has already been assessed for a storm sewer. Discussion followed and Chris Nicosia agreed to laok into the clean out charge. Bili Becker, 562 Wheelock Parkway, asked why all the neighbors are assessed a different amount and Mr. White expiained to him the rate for storm sewer is 3 cents �er sq. ft. and the assessment depends upon how much property is owned. Gerry Monette, 1535 Arkwright, said he owns two corner lots and is being assessed for both front and sides. He mentioned he has replatted these lots. He also asked if he should be assessed where there are sewer easements and Peter White explained that the City usually picks up one-half of the assessment where easements are involved. Mr. White will check on Mr. Monette's assessments and advise him. Bernard Piorek, 375 E. Nebraska, lives at dead end west af Arkwright which is an unimproved street. The sewer separation work is going in on Arkwright and he is being a�sessed $268. He feels the water does not drain off his property because it would have to go uphill from where he is situated, therefore he is not benefitting. Mr. • White pointed out that there is some proposal for improving this street and there would have to be a storm sewer put in along the lower end to pick up the drainage fr�om those streets. Ne pointed out Mr. Pior�ek would not be assessed for that storm sewer since he is included in this one but if development went throuqh he would be 2 • assessed for the street work and cetch basins needed. Elliot Fisher, 522 E. Hoyt Avenue, said at the meeting on August 8th it was not so much the amount of the assessment, but that they have been torn up for so many months they did not want to have to pay untii the work was com�leted. The reason for ratifying assessments before the work is completed w�s ex�lained to Mr. Fisher. In answer to Mr. Fisher's question about the sidewalks, he was advised that this is a separate issue and not part of this project and that a petition wouid have to be received requesting the sidewalks before they would be pu� in. Further discussion followed. The Chair apologized for the delay in this project and said he hoped next year they would be able to stay on schedule. Mr. Nicosia noted that this year was the largest year of street wor�k in the 10-year plan and a lot of burden was placed on NSP and they just did not have the crews to keep up with the projects. Next year the projects will be smaller so we don't anticipate these problems, he added. MOTION: by Councilmember Rettman to recommend approval was unanim�usly carried. !2. ORDINANCE 88-1225 - Amending Chapters 46 and 49 of the Legislative • Code pertaininq to shared utilitv meters. (Laid over from 8/10/66) This matter 'ha� been laid over because there were some questions raised and Tom Weyandt, the Assistant City Attorney wh;� �ig�ie�1 th1� ordinance, was asked to appear today to answer those questions. At the last meeting someone questioned the constitutionality of this ordinance. Mr. Weyandt said you would have to find there was probable threat to health safety and welfare of a significant number of people in the community. This ordinance makes those findings and he said he did not see any problems with it. Gerry Kaluzny, Legal Services of St. Paul, said their organization serves the low income peopie. Every winter people come to them who are facing shutoff of utilities because there is only a single meter in the building and the one tenant has failed to pay their share. They dn not realize because the bill is in their name they are responsible for payment of the whole bill. Sometimes the landlord doesn't tell them there is o�ly one meter and sometimes he does tell them but tells them to work it out between themselves. We see about a half a dozen a month during the wintertime, he said, and there is no remedy to handle this situation. It will be in the best interest of the community to pass this ordinance to put the responsibility on the landlord, he added. In answer to the Chair's question on how the landlord can be made responsible Tom Weyandt said you have a similar ordinance already on • the books and you can use that concept. Under that ordinance if a heating unit breaks down and the landlord does not have it repaired aFter being properly notified, the tenant can call in a contractor to fix it and then deduct the amount from the rent. 3 Chris Lukesh, Housing Information Office, said our office sees this • as a ma�or problem. We w�rk with many tenants who are forced to move thrc�ugh ns� fa►a 1 t c�f tr►e 1 r��wr� t��_�t �Jua t�a an��ther tenant i n the building who has not paid their share of the utilities. Mary LeFavor, RAP Energy Program, said they have 200 shared meter problems during the heating season. People may not be aware until two or three months down the line that they are responsible for someone elses bill. lt is hard enough for low incorne applicants • just to find housing and then to h�ve to move through no fault of their own makes it even more difficult. Monica Michaelsen, 1655 Barclay, related her experience. Said she rented a side by side unit and knew up front it was a shared utility. She paid her half of the biil, but the other tenant did not. When srie tried to get him to pay he said since he was only one person and she had 4 people in her unit he didn't feel he should have to pay as much. She contacted the landlord and he told her it was a tenant problem and she should deal with it. As a result, she had to move out. She also went to court to try to collect from the tenant, but lost the ca�e because there is no legal remedy for these situations. Mary Ellen Roxin, St. Paul Tenants Union, said the� probably see one person a week with shared meter problems. Agreernent is not always clear when they rent a unit and it may be two or three months before • they realize they are responsible for the bill. The landlord should provide the utility in such a way that it does not penalize the tenants. It does no good to call or write the landlord because there is no teeth in the law and as a result people have to move out. It is important to have tliis ordinance passed, she added. A1 LeFebvre, 670 So. Smith, related a situation where a business was built and then later a house was constructed on the backside of the lot and the utility service was brought through the business place. In answer to how separate service could be provided he was told it could be done by petition for a new line but the person requesting it would have to pay for it. Lee Ruiz, NSP, PUC Liaison person, said they don't find the overabundance of these situations difficult, but thev are time consuming and stressful to some customers. Since they don't know � how many exist, tf�ey will have to document them as they become aware of them. Frequently they do not know what happens until the service is disconnected. The ideal plan would be to separate meters and he stated he has testified before the legislature on trying to get such legisation passed. After further discussion Mr. Weyandt said two things need to be done. Councilmember Rettman wants to require two notices, one advising them service will be disc:onnerted and another c�ne far the • actual disconnect. The other thing that needs to be addressed is that the ordinance as it exists does not specifically say this is a misdemeanor and a violation of a city leqislative code is a misciemeanor. You will have to decide whether to exciude it or leave 4 _ . • ' • it as is because if you don't say it is not, then it is a misdemeanor. Councilmember Rettman said she and Councilmember Dimond were concerned more about getting at the tenant/landlord remedy and being able to discover these places prior to their escalating into major crises. Tt�e ordinance can be amended at second or third reading, she said, and asked Mr. Weyandt to prepare the amendments necessary. MOTION: by Councilmernber Dimond to recommend approval, with amendments, was unanimously carried. 2. VACATION: Petition of the Port Authority for the vacation of ANNAPOLIS STREET lying easterly of Concord Street to the Mississippi River. Purpose is for the platting of Southport Addition. Dick McCann, Valuations Division, explained Port Authority is putting together the remaining parcel and replatting the land for the new Southport Addition. There are no objections and staff recommends approval. No one appeared. Councilmember Rettman however said she would like to know what the long range plans are � far this property before it goes to Council for approval. MOTION: by Councilmember Rettman to recommewnd approval pending further information was unanimously carried. • 3. VACATION: Petition of the Port Authority to vacate the building encroacf�ments on part of FIFTH, S1XTH, WACOUTA and WALL STREETS and part of the alley in Block 6 bounded by Seventh, Sixth, Wacouta and Wall Streets. _ Dick McCann, Valuations Division, said this is to correct deed to title of property. Jt is a housekeeping matter and there are no physical changes being made. No one appeared. MOTION: by Councilmember Rettman to recomrnend appr�oval was unanimously carried. 5. RATIFICATION OF ASSESSMENTS: For the CLEVELAND/ST. CLAIR AREA STREET PAVING AND LIGHTING (Green Lantern) PROJECT. Peter White, Valuations Division. explained this is for street paving and green lantern style lighting at $24.00 a ft. Paving is $19.00 and lighting is $5.00 . At the neighborhood meeting held last night 15 peopte were present and their questions were answered. Staff recommends approval. No one appeared. In answer to Ms. Rettman's question Mr. White noted the assessment for lighting is $5.00 instead of the usual $2.00 because it is green lantern style. It was also mentioned that at some future meeting this Committee wili schedule an item dealing with the cost of the • different lighting styles. MOTION: by CounCilmember Dimond to recommend approval was unanimously carried. 5 6. 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 Phas� B Pro.iect? Peter White explained this is the area by the Lafayette and University intersection where Street Maintenance has their storage yard. A wider easement is needed for the Trout Brook sewer and part of the easement will go across Port Authority property. We are paying the Port Authority $2,806 because we are damaging their pr and it is what would be paid any other property owner for darnages. Councilmember Dimond suggested laying over ltems 2, 3 and 6. Since we are vacating streets for the Port Authority, 1 don't think we should pay for this easement, he said.. It was noted however, that the Port Authority is paying $1405 for Item 3 and $500 for Item 2. After further discussion it was decided to lay only this item over for two weeks. MOTION: by Counciimember Dimond to lay the above item over in Committee for two weeks to 9-14-88 was unanimously carried. 7. FiNAL ORDER: Sidewalk reconstruction with Integral curb and Areaway elimination on the East side of WABASHA STREET from E. Fourth Street • , to 65 feet south of E. Fourth Street. Tom Keefe, Sidewalk Engineer, said this is an extremely complicated and costly project and he is working with the building manager of the Commerce Building as well as the Mayor's Office who is concerned about the safety of it and getting this project cleaned up and reconstructed as quickly as possible. Eliminating the areaway necessitates putting up structurai type walls with beams. Once the wali is in position, the areaway will be filied in. Entire cost will be absorbed by Jebco, the property owner. No one appeared. MOTION: by Councilmember Dimond to recommend approval was unanimously carried. 8. FINAL ORDER: For the installation of a�proximately 4Z single globe style decorative lights on both sides of 5MITH AVENUE from 50 feet north of Annapolis Street to 100 feet south of Baker Street (West side) and 75 feet south of Baker Street (East side) to be known as the SMITH AVENUE NEIGHBORHOOD PARTNERSHIP PROGRAM (NPP) LIGHTING PROJECT N0. 2. Laid over from July 27, 1988) AND 9. F1NA� ORDER: For the operating costs for the Above Standard Street Lighting System for the SMITH AVENUE NEIGHBORHOOD (NPP) LIGHTING PROJECT N0. 2. (Laid over from July 27, 1988). ►fetY L i r�tit� l.�rl, Ne 1�I��t���r�i Geve 1�pmPnt C►1 v i s 1 on c�f PEG, sa i d the • petitions taken by Bill Hickok and Ai �eFebvre appear to conflict with each other. The proJect was originally to run between Baker and Annapolis with 42 decorative globe lights. Somewhere between the 6 . � second and third Public Works meeting it was scaled back to go between Baker and Sidney. A1 LeFebvre, 670 So. Smith, said original petition showed 659. in opposition, the second one was to find out which end of the.Avenue supported this proposal. Now it seems the vote is turned around again. He said he would like to see this project withdrawn. Councilmember Dimond said he would make a motion to deny this request since there is not strong support in tt�e community. It does not replace anything but just adds to what is already there. If at some future date tliey want to move ahead, he continued, they can come back and have the Committee look at it again. Diane, representing Smith Dodd Association, said they are confused by these petitions. While they don't want to try to jam something down peoples throats, she felt there were a number of people who had not been contacted and said their recortxnendation would be to lay this over for another two weeks to see if those people could be reached. Then if there is still too much opposition, she added, the project can be withdrawn. Further discussion foliowed. MOT10N: by Councilmember Dimond to recortunend a two week tayover and if there is not a majority in support at that time, matter will • be withdrawn. Motion carried. Mr. LeFebvre said he thought this matter was being dragged out for no reason at all and is taking up too much time; however, both the Chair and Counciimember Rettman stated they still wanted to give everyone a chance to have input and to see if they really want it or not. 14. 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 Auqust 16, 1990. Since Mr. Wruck had not been notified of this meeting, this item was • laid over for two weeks to September !4, 1988. 13. MnDOT Presentation. Dan Dunford, Public Works Department. explained the presentation by MnDot today will deal with the recreational trail that will go from north to south through Swede Hollow and on to Shepard Road. MnDot is constructing 5 bridges in this area and at issue is the filling in under one of the bridges. MnDot has proposed the trail go around that fill under the bridge. After the tast meeting MnDot and Parks Department were asked to get together to see if this matter could be resolved. The resolution to approve this section will be before you in December. • Present plans, Mr. Dunford said, call for clear space between the east abutment of tF�e bridge and the nearest railroad tracks with a minimum of 37 ft. up to a maximum of 45 ft width. Parks Dept. has requested a minimum of 50 ft. The meeting between the Parks Dept., 7 • . _ Public Works and MnDot resulted in an alternate plan. In order to • provide the requested width, the bridge lenqth would have to be extended one span, or 76 ft. Bridge to the east�would also have to be extended. Cost to extend these portions is about $1 Million and it is MnDot's position the extra money to do this should be financed from some source other than MnDot funds. He then said that Bob Piram, Bob Benke and Kermit McRae would make their presentations and that Peggy. Lynch, Exec. Dir. Friends of St. Paul and Ramsey County Parks Task Force, would also speak on the issue. In answer to the Chair's question as to what is saved by filling in under the bridge. Mr. Benke said the 5 bridges cost approximately $2.5 Miilion and there would be some offsetting for cost of fill and other improvements of about $500,000, so there would be a net savings of over $2 Million. Mr. Piram said he is very much aware of the time constraints on this pro,iect and how the plan for a wider trail will impact on MnDot's schedule. He asked John Wirka to speak on their request. Mr. Wirka had several drawings he displayed and expressed the Parks Dept.'s concern about how difficult the grade would be to work with under the 37 ft. plen. It is too narrow, very low headroom, safety point of view, visibility aspect, noise and smoke from trains. The addition of another span. he continued, would give better light and air movement, more easily graded, more headroom and better safety • measures. When asked if Mr. Piram could live with the 37 ft. he responded he rr,►� 1 r� 1 1 ve w 1 t1 i t t+� at tt�e quest 1 on 1 s, i s i t r i ght because we do have an opportunity to do something now. He said he has sF�own the plans to many people and no one has said dump the idea. He also said he did not believe the City should pay for this out of city dollars and suggested he go to the Metro Council through their Parks 8 Open Space program to get this designated a regional park. lf the Metro Council does not recognize this as a regional trail, he continued, then my recommendation would be to live with the 37 ft. He said he would like to have the Metro Council include this request as part of their legislative program in January. In answer to a question, Mr. Piram said cost of acquiring the trail wouid be between $1.4 and $2.4 Million. He also said he did not see the City going beyond the city limits - we would carry it as far as Phalen end then the county would have the responsibility of taking it up north to White Bear. Mr. Benke, MnDot, showed several options of how the path system would look. One option was a retaining wall 10 ft. high which would cost $120,000. He discussed each drawing and emphasized that it is , important that MnDot know almost immediately if they have to add another span in order to keep on schedule with the rest of the project. Kermit McRae said at this point they will start the redesign of the westbound bridge in order to keep within the . understanding that if Parks Dept. is successful in raising the dollars they will move towards the kind of documentation they need to get proper commitment towards the end of October. 8 ti � Peggy Lynch spoke on the 37 ft. wide plan. Councilmember Dimond expressed his opinion that MnDot should provide the funds for the alternate plan. Mr. Piram agreed to have the resolution drafted and signed by the City Attorney and to get this request before the proper peopie to see if funding can be obtained. In the meantime, he said he would follow the process and send it out to the District Councils. MOTION: by Councilmember Rettman to recommend.approval of Mr. Piram drafting a resolution requesting the Metro Council to designate this trail as a regional park and also to apply for the funding was unanimousty carried. Meeting was adjourned at 12:10 P.M. 15. Other Business. . • 9