Public Works Cte Minutes 08-31-1988 _ _. .... _ _ _. _ 1
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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.
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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
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• 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.
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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
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• 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.
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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
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� 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.,
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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.
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� 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.
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