Public Works Cte Minutes 08-10-1988 • �
Roger� tz, Cha i r
MINUTES OF Pl1BLIC WORKS COMMITTEE
August !0, 1988 - Room 707 City Hall
PRESENT: Roger J. Goswitz, Chair
Councilmember Tom Dimond
Councilmember Janice Rettman
OTHERS FRESENT: Bruce Hoheisel, Chris Nicosia, Jof�n McCormick� Peter
White, Dick McCann, Tom Keefe, Don Sohania, Tammy Aichinger,
Bill Jones, F�ilary Haupt.
The meeti.ng was delayed until 9:20 for lack of a quorum because
Councilmember Dimond was attending another meeting.
l. The minutes of July 27, 1988 were approved as submitted.
2. VACATION: Petition of the United States Postal Service for the
vacation of tfie alleY in Block 6, Lorena Park and Block 14,
Denslow's Rearrangement (bounded by Etna, Reaney, Birmingham and
Min Purp is bu ild a ne o
Counciimember Dimond stated there has been a lot of discussion on
• this matter and the Post Office has been able to do what was asked
of them. Money was available tt�e lst of July to go ahead with this
pro.ject and he said he was happy the Post Office could work with tfie
community. Councilmember Rettman expressed her delight at being
able to move this along as it answers a need of the East Side. No
one appeared.
MOTION: by Councilmember Dimond to recommend approval was
unanimouslv carried.
3. RATIFICATION OF ASSESSMENTS: For the NAMLINE/HEWITT AREA STREET
PAVING AND LIGHTING PROJECT (Green Lantern}. Also for the
Hamline Hewitt Supplement.
AND
4. RATtFICATION OF ASSESSMENTS: For the HAMLINE/HEWITT AREA STORM
SEWER_PROJECT. _
Peter Wl�ite, Valuations Division, exF�lained a meeting was held last
night in the neighbortiood attended by 20-25 people and everything
went quite well. Questions regarding payment of assessments and
when project will be completed were answered and a representative of
Short/Elliot/Hendricks was also there to answer questions. Mr. Wfiite
pointed out a small part of the northeast cor is being assessed
for storm sewer because it has never been assessed before.
• Eva Lockway, 779 N. Albert, spoke and said she is concerned about
the payment plan. She is 75 years old and still working. Another
concern was trees. She has been watering them as best she can and
hoped they would not be taken down. Mr. White pointed out that the
curbing was in and therefore he did not believe these trees wo�ld be
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disturbed. Councilmembers expressed their appreciation to Ms. •
. Lockway for helping to kee� the trees alive. Mr. White will contact
Ms. Lockway and answer her questions on the payment plan.
MOT10N: by Cauncilmember Dirnond to reconunend approval of Items 3 and
4 above was unanimously carried.
5. RATIFICATION OF ASSESSMENTS: For tfie ARLINGTON/ARf<WRIGHT AREA STREET
PAVING A�1� LIGHTING PROJECT. Also for the Arlington/Arkwright
Sup�l ement . v ____ _ _
AND
5. RATIFICATION OF ASSESSMENTS: For the ARLINGTON/ARKWRIGHT AREA STORM
SEWER PROJECT.__ ___��_ __
7he Chair stated at the request of Councilmember Rettman these two
items will be laid over� to August 3l, 1988. Ms. Rettman said she
I�i�,i 1 I�rr�+► �t� �, mr i F�!� �tl ini r� j fill 1�,li ��rE,�, � r E1r�-.� 1 n �=,fiT.�� ��i����_ r� �f ir�!
they were very angry because nothinq is being done on their streets.
It was pointed out the problem is with NSP not beinq able to get in
quick enough. L�ying this item over for this F�eriod, Ms. Rettman
continued, will defray a lot of the frustration and anger. The
people in attendance on this item h�d been met with individually
prior to the start of the meeting and were satisfied the
ratification would be laid over. •
MOTION: by Councilmember Rettman to lay Items 5 8 6 above over to
Aug��st 3l, 1988, and to renotif,y those effected was
unanimously carried.
7. RATIFICATION OF ASSESSMENTS: For the improvement of the following
streets: NEE3RA51<A AVENUE from Atlantic Street to English Street;
ATLANT[C STREET from Nebraska Avenue to Fioyt Avenue, and CHAMBER
STREET from_Nebraska Avenue to Hoyt Avenue.
Peter White, Valuations Division, explained this is a group of
streets that were paved last year and tfie reason behind it is
because there is a low spot on this corner that flooded all the time
and was a real problem. The only way to take care of that was to
regrade this area so everythinc7 runs d�wn to the catch basin. These
were oiled streets and were done at t.fie $21.00 per �t. rate. A
couple of calls were received and we were able to take care of tf�eir
questions. No one appeared.
MOTION: by Councilmember Dimond to recommend approval was
unanirnously carried.
8. RATIFICATION OF ASSESSMENTS: For the JACKSON/SYCAMORE AREA STORM
SEWER PROJECT. _ _ _, � •
AND
9. RATIFICATION OF ASSESSMENTS: For the JACKSON/SYCAMORE STREET PAVING
AND LIGHTING PROJECT.
This is a street paving, lighting and storm sewer project. Normally
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• a meeting is field in the neighborhood prior to coming before Public
Works, hqwever, it was not possible to get one scheduled. There
will be a meeting held prior to the Council hearing date next
Thursday. A couple peo�le were in attendance today on these items
and their questions were answered.
Councilmember Rettman requested that an update be ready for the
meeting as to the progress of these projects. Chris Nicosia, Public
Works Department answered that most pro.jects let during the summer
construction months usually have a completion date of October 31st.
NSP is now able to get their crews in quicker and we sf�ould see more
progress taking �lace.
Ms. Rettman also noted that Cayuga is a truck route but Jackson is
not and the �eople are concerned about all the truck traffic on
Jackson. Another concern brought up, she said, is the di�t being
moved on the old Cayuga playground area. Their biggest fear is they
will lose the playground, however, the work being done is for the
playground and is n�t part of the separation project. They are
anxious to get the truck traffic off Jackson and be assured th�e
sewer is not takinq away their playground. Mr. Nicosia �ointed out
at the next meeting a consultant will be in attendance and will have
a timetable of how the work will progress.
• MOTION: by Councilmernber Rettman to recommend approval of Items 8 8
9 above was unanimously carried.
10. RATIFICATION OF ASSESSMENTS: For the JACKSON/MAGNOLIA AREA STREET
PAV ING AN LIGHTING PROJECT.
Peter White, Valuations Division, said this area had been previously
assessed for storm sewer so there is no sewer assessment. Several
streets wer�e added on to the original order. There will be a
neighborhood meeting on August 18th to talk about this project.
Councilmember Rettman said this project was progressing nicely arn�
these add-on streets finisfied up this area quite nicely. No one
appeared.
MOTION: by Councilmember Rettman to recommend approval was
unanimou5ly carried.
11. RATIFICATION OF ASSESSMENTS: Improving the East-West alley in Block
28, Syndicate #5 Addition. (bounded by Sherburne, Charles, Pascal
and Albert).
Peter White, Valuations Division, explained this is a ratification
of assessments for the alley improvement. The original estimate was
$12.00 a ft. but the actual rate carne out to be $8.00 a ft.
• Hilary Haupt, 1404 Charles, said he originally requested the paving
of this alley and wants the alley and wants to pay for it, but he is
still not happy with the construction and doesn't think they got
wf�at they have to pay for. Most of tl alley is flat and there is
very poor drainage, seal coat was put on so thick there are ridges
all over about 1/4" thick and this makes it hard to shovel snow in
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the winter�, also during tf�e winter it is miserable to use tt�e a11ey •
because it gets so icy. He shc�wed pictut of the alley and said
they feel they have a used alley and are not happy at all.
Chris Nicosia, Public Works Dept., suggested laying this matter over
for two weeks and to tiave Jack Davis present to give some history on
this project and to see how it can be taken care of.
MOTION: by Councilmember Dimond to lay this item over for two weeks
to August z4, 1988 was unanimousiy carried.
12. RATIFICATION OF ASSES5MENT5: Improving ttie alley in Block 1
E3uckhout's Rearrangernent and Block 12, Stinson, Brown and Ramsey's
Addition,_ b(_ounded� Toronto, Webster, Jefferson & Grace).
Peter Whiite, Valuations Division, said this is an alley constructed
last year. Original estimate was for $12.00 a ft. and cost came in
at $11.25. No one appear
MOTION: By Counr_ilmember Rettman to recommend approval was
unanimously carried.
13. RATIFICATION OF ASSESSMENTS: For tFie EIGHTH STREET STORM SEWER
AREA.
Peter White, Valuations Division, er.plained when 8th Street was •
reconstructer� downtown last summer storm sewers were put in o� 8th
Street and on Cedar and Wabasha. An assessment boundary based on
drainage area was established for this system. Everyone was
notified before construction and everyone was notified of tfiis
meeting. Assessment rate is 7-t/2 cents sq. ft. whict� is the
standard for commercial property. No one appeared.
MOTION: by Councilmember Dimond to recommend appr was
unanimously carried.
14. RESOLUTION 88-1193 - Amending C.F. 87-1703 adopted November 24, 1987
by changing the design and budget for the intersection improvement
a t POINT DOUGLAS, BURNS a nd CLARENCE.
Tammy Aichinger, Budget Office and secretary for C1B Committee,
stated on July 7th Mayor Latimer sent a copy of this resolution with
his recommendation that it be deferred until s�rinq. Original order
and ttiis was not recommended by CIB committee. �riginal order was
estimated at $29,000 and at that time financing F�ad not been
identified. CIB committee did review transfer of $77,000 and
recommended against it because project was not run through the
regular CIB process. This project will be reviewed next spring
along with other proposals for the next biennial budget. At this
point financinc� is not available and resolution is not signed bv the •
Mayor, she added.
Councilmember Dimond remarked the CIB process is a fine policy for
most of the projects that come along but this project has a long
history. It was approved by the City Council quite a while ago and
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• the reason it is back before us is because
prior to going to the
City Council for ap�roval one of the staff inembers switched plans,
so what is being approved today is to correct that mistake. The
community shouldn't have to pay the price because a mistake was
made in the process, f�e added.
Ron Wagner, Dayton's Bluff District 4 Community Council C.O., said
there is a lot of history to this project. This project was
submitted 3 times throu�h the CIB process and each time it did not
rank high enough to receive approval. This is a relatively small
pro.ject effectinq a small part of a neighborhood tf�at has to compete
against other projects in the neigt�borhood and the city. The
ne i ghborf�ood I�as had count 1 ess meet i ngs w i tt� Pub 1 i c Works off i c i a 1 s
and considered stop signs, one way streets, etc. in trYing to
resol.ve problems witt� this intersection. It is not the worst
intersection in the city, but the neighbors feel it stiouldn't have
to be the worst before it gets some attention. In all tt�e
negotiations that took place we thou�ht we had reached a
resolution. In a letter to Councilman Tedesco Mr. Nygaarci said they
were going to find some funding for tt�is pro.ject in 1987, he didn't
say where tt�e funding would come from, so some promises r�ere made to
the residents in tt�e neighborhood that somethinq would haf-�pen in
1987.
• Referring to ti�e Preagenda notes Ms. Rettman noted that Mr. Nygaard
felt a lot of engineering staff time has been spent on this small
project and f�e would like to pass it through and get it finist�ed.
She asked if Stree Design disagrees with Plan B Chris Nicosia
agreed that Ptr•. Nygaard would like to see this project done. He said
he realizes this goes against th�e r1B process and they respect that
process. Ms. Rettman asked if the CIB concern was with the design
or because the process wasn't followed. Tammy Aichinger answered it
was botf�. Since tt�e Warner Road access has been disconnected the
effect of that on the accident rate is unknown and they are not real
clear which design is most appropriate. The Streets 8 Utilities
Task Force should deal with that. she stated.
In answer to Ms. Rettman's question, Mr. McCormick, City Attorney,
said the process clearly states these projects must go through the
CIB process. Ti�e Committee could approve the resolution but you
tiave no money to carry it tF�r unless the Mayor agrees to sign
the resolution, he added. Ms. Aichinger also stated that if you
approve this order to do the project costing x amount of money you
still havP no money to do it and a second resolution is needed
i nd i cat i ng wt�ere tt� i s tnoney w i 1 1 come from. Or i g i na 1 i ntent wa� to
treat this as traffic channeli2ation but when you treat this as
sornething other than traFfic channelization then other funds must be
found, sfie said. A g► deal of discussion followed.
• MOTION: by Councilmember Dimond to r approval of Design B
was unanimously carried.
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15. MnDOT Presentatian. •
At tfie request of Dan Dunford, Public Works Department, this matter
was laid over to August 31, 1988.
16. FINAL ORDER: Sidewalk construction and/or reconstruction for both
sides of BEECHWOOD AVENUE from Fairview Avenu� to Davern Street
laid over from July 27, 1988�_
Tom Keefe, Sidewalk En�ineer, said he and Councilmember Long met
with some of tlie property owners. In light of the fact a petiti�n of
remonstrar�ce was presented and they are so adamantly �pposed, they
came to the conclusion that sidewalks will not be reconstructed, but
just repaired. He asked that this particular order be rescinded.
No o�e appeared.
MOTION: by Co�ncilmember Dimond to withdraw this o►�der was
unanimously carried.
17. FINAL ORDER: Sidewalk construction and/or reconstruction for West
side OTIS AVENUE from Marshall Avenue to Pelham Blvd. with Integral
Curb ( laid over _from July 27, 198_ 8� _ _
Tom Keefe, Sidewalk Engineer, said he had met with Mr. Carroll of
Tawn 8 Country, Al Shetka and Molly 0'Rourke from Councilmember •
Sonnen's office. Town & Country is the only one effected and tt�ey
are concerned about tlie scheduling of work on Lake/Marshall Bridge
and extending the construction limit and did not want any work to
occur after Labor D�y because tr�at is their busiest time. Everything
was resolved to the satisfaction of those in attendance at the
meeting, he said.
Feter White, Valuations Division, noted this item was withdrawn on
the original or and people were notified of that and that this
meet.ing would be held today. They were toid they would be
renotified wh?n it goes back to the Cit.y Council. It was felt the
ten day notification requirement could be met without any problem.
No one appear
MOTION: by Councilmember Rettman to recommend approval and proper
renotification given was unanimously carried.
17. FINAL ORDER SS-88-60 - Sidewalk construction and/or reconstruction
for N. side of ANNAPOLIS STREET from Humboldt Avenue to Gorman
Avenue. _ ,_ _
Tom Keefe, Sidewalk Engineer, stated he was not sure why this matter
was referred to Committee. The order is not controversial, and was
initiated on a recent complaint by an individual who lives on the
block. It is pieceme�l in nature and only 90 ft. in its entirety. �
It W3S 8qi'F�?�1 t:.�l�S H1�35 CIGf1P J35 .9 Ci�t_li f=t� f_c7U�lCj �(tL�il .`_i�=�lr_.yf?'r_.� k{Ilis
was nat in atteridance at tt7e Council Meeting. No one appeared.
MOTION: by Councilmember Rettman to recommend approval pending
input from Councilman Scheibel was unanimously carried.
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• 18. ORDINANCE 88-1225 - Amending Chapters 46 and 49 of the Legislative
Code perta to sh ared ut ility me ters.
Bill Jones, attorney and landtord spoke on this ordinance. He said
he has dealt witl� NSP as a landlord for seven years and in his
o�inion this is an issue that possibly NSP should be dealing with.
NSP knows who owns the huildinqs. If you have a situation wtiere you
put both tenant's names on gas bill, tf�en you f�ave a problem. When
thie public water utility has an unpaid bill, they put a lien against
the property and the landlord is stuck with it. If you put a
private utility in the position of putting a lien on the property,
tl�en you will be forcing tf�e landlords to raise their rents in order
to guarantee payment to NSP.
Coun�ilmember Dimond said he felt this was the landlord's
responsibility otfieT you are taking burden away from landlord
and puttiny it on NSP and as a result the rest of the rate payers.
Mr. Jones said he has had rental property for seven years. In his
duplex units, f�e f�as always given the first floor tenant a reduction
in their rent and tfiey are then responsible for paying the gas 8
electric bills. He Fias this written into every lease and they
understand what the,y are paying and he has never had any problems.
He further said that most c�f the duplexes are in older homes with
• older furnar_es and you cannot put two control units on one furnace.
As soon as you pass this or the tenants will leave windows
open and turn thie heat up high because tfiey know they don't have to
pay for it. You will force every landlord to raise their rents and
create another system for the city to monitor. You can get
insurance wlien tenants trash apartments but you can't get insurance
or have a large enough escrow account to deal with unpaid NSP bilis.
Tf�e constitutionality of tfie ordinance was brought up and further
discussion followed. Any questions on constitutionality, Mr.
McCormick said should be referred to Tom Weyandt, Attorney's Office,
who signed this ordinance. It was suggested that the Tenants Union
and Housing Office be contacted.
MOTION: by Councilmember Rettman to lay this matter over to Auqust
31st and have Tom Weyandt present to answer any questions
was unanimously carried.
19. RE50LUTION 88-1231 - Amending tf�e 1988 budget by adding $100,000 to
the Financin and �endinq Plans for Public Works=Asphalt.
Chris Nicosia, Public Works Department, said he spoke with A1
Shetka, Maintenance Division, and was told the loader purchased in
1977 is worn out. and maintenanr_e costs are getting to be too higfi so
it is being traded in on a new loader. No one appeared.
• MOTION: by Councilmember Rettman to recommend approval was
unanimously carried.
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20. RE50LUTI0�1 88-1232 - Amending the 1988 budget by adding $75,000 to •
the Financing_and Spending Pians for Public Works-Enqineerinq Fund.
Don Sob�nia. Traffic Engineer, explained this money is for the study
of hooking up Ayd Mill Road to 35E. Some money has been spent on
staff time for the origin destination study of who rides and why.
The Consultant has helped us identify alternatives. he continued,
and also do some computer model traffic impacts on these
alternatives. The co�} sensus is that sornethinq needs to be done and
tt�at is the reason th�¢ Task Force was set up.
In answer to Ms. Rettman's question on why so mucl�� money is spent on
overtime, Mr. Sobania explained staff is used from 6 AM until 7 at
night. In answer to her yuestion as to where the money is coming •
from, Mr. Sobania said from the NSP electrical street work. which
went down 1.3%. They had expect r�n inr.rease but it went down
instead. Councilmembers Dimond 8 Rettman sugyested usinq this
excess for the Point Douglas project and funding this pro.iect with
CIB funds. Some discussion followed.
MOTlON: by Co��ncilmember Dimond to lay this item over for two weeks
was unanimously carried.
Meeting adjourned: 11:00 A.M.
•
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