Public Works Cte Minutes 05-11-1988 • �� �
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Roger J. switz, Ch ir
MINUTES OF PUBLIC WORKS COMMITTEE
May I1, 1988 - Room 707 City Hall
PRESENT: Rager J. Goswitz, Chair
Councilmember Tom Dimond
Councilmember Janice Rettman
OTHERS PRESENT: Dale Norgren, Geoffrey Miller, Richard A. Kopp, Ruth
Tallakson, Roger Sandberg, John Saumweber, Peter White, Jack
Davis. Chris Nicosia, John McCormick. Dick McCann. Greg
Beckett, Phil Byrne, Bruce Hoheisel, Larry Price.
1. The minutes of April 27, 1988 were approved as submitted.
2. VACATION: Petition of Miller and Holmes, Inc. for the vacation of
part of the alley in Block 59, Arlington Hilis Addition. Purpose is
to expand their present facilities (bounded by Reaney, Weide,
Minnehaha and Arcade Street).
Dick McCann. Valuations Division, said there are no objections to
this vacation from any departments or agencies and staff recommends
• approval. No one appeared.
MOTION: by Counci)man Dimond to recommend approval was unanimously
carried.
3. FINAL ORDER: Improving the aliey in Block 33, St. Anthony Park by
grading and paving from the North line of Lot 8 in said 81ock 33 to
the North line of Lot 12 in said Block 33. Also condemning and
taking an easement i� the tand necessary for the slopes in the
grading and paving of said alley (bounded by Everett Court, Energy
Park Drive, Tainter Street and Marsh Court).
Dale Norgren, Brissman-Kennedy, 2140 Energy Park Drive. said he is
opposed to this improvement because they would receive no economic
benefit from it. He said at the time he signed the petition he was
told his assessment would probably be around $2,000. They were
willing to go along with this as a good neighbor, he said, however,
when they found out their assessment would be $3500, they didn't
feel they could handle that amount plus the 16X increase they will
get in taxes and asked that their name be removed from the petition.
Peter White, Valuations Division, explained the petition had 4
signatures and there are 5 pr�p�rtie; 1r�vc�lv�d. lt was noted there
was an error made in the Engineering Report given the Committee
members wherein it stated 11 of the 14 property owners had signed
the petition. Answering a question of Ms. Rettman, Mr. White said
• that Lots 4, 5 and 6 would be assessed and Lot 2 would not be
assessed because work is already done there.
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• I�� �nswer t� a question, Jack Davis, Public Works Department,
indicated that Brissman-Kennedy had part of the alley paved at their
own expense and this would not have to be redone. It was aiso
noted that the west side of the alley is residential whi]e the east
side is commercial. The residential rate is $8.50 and the commercial
rate is $17.00 and is higher because there is more use by commercial
businesses. Total cost for the alley is $4,740.
Roger Sandberg. 1052 Everett Court a�d owner of Lot S, said he
represents owners of Lots, 4, 5 and 6. He mentioned he started the
petition to pave the alleyway and the reason was they wanted a paved
alley. We wili have a new Raymond Avenue bridge, new roads on
Everett Court, new curbs, nice turnaround at bottom, Tainter Street
is being paved and stop lights at Raymond and Energy Park Drive are
being installed and this improves our little neighborhood
considerabiy, he added. Our neighborhood has been at a standstill
for 50 years and we have a very personal intereset in wanting to
improve our area because we have 6 owner-occupied homes on both
sides of the street and 5 owner-occupied homes on the west side of
the alley. Our street is only 330 ft long, and we are probably the
oniy residential street that abuts railroad tracks in the city, he
said.
It is true, he continued, that Brissman-Kennedy paved and paid for
• approximately 100 ft. of the alley at the north side, and it is also
true they paved the dock area which is actuaily Lot 7. That dock
area extends out west from their buitding. Those that signed the
petition still want to get the alley paved for the benefit of the
community. As far as costs are concerned, he said. we are not tied
to the $8.50 rate, and maybe we could do a different split so the
cost is not too great for Brissman-Kennedy. We are willing to bend a
bit, he added.
Richard Kopp. 1048 Everett Court and owner of Lot 6, said his
property goes up to the alley where Brissman-Kennedy starts. The
reason they are interested in having the alley paved is because all
the other improvements will be done in the entire neighborhood and
they are now sitting with 4 homes that do not have paving behind it.
He commented white Brissman-Kennedy has been a good neighbor and
very good to us he did not believe they should have the majority
say.
Ruth Tallakson, 1056 Everett Court and owner of Lot 4, added her
support to her neighbors. She said they have worked very hard for
several years to improve their neighborhood, and this improvement
is just another piece they want added to the other improvements.
Counciimember Dimond said in listening to the testimony,it appears
both parties want it done and that they have been good neighbors in
the past, but the question is the costs. He suggested laying this
• matter over for two weeks and asked that Brissman-Kennedy and the
residents get together with staff to sort out the details and
pinpoint what should be done and how the assessments should be
balanced between the owners. Hopefully, he said. in two weeks some
aqreement can be reached.
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Councilmember Rettman said she could support Mr. Dimond's motion but
asked the city attorney if it was legal to change assessments as a
good neighbor jester. John McCormick, City Attorney's Office,
answered it is legal to do this as long as they are getting benefit
in amount of assessment. There would have to be some waiver of
appeal to greater amount assessed to their property, he added. Ms.
Rettman asked that the owner of Lot 3 be included in the discussions
since they have not been heard from, and also asked that Mr.
McCormick be a part of these negotiations. Mr. McCormick pointed
out that he cannot draft agreements for the private individuals to
sign but can only draft the waiver for the city.
MOTION: by Councilman Dimond to lay this matter over for two weeks
in order to get the residents and businesses together to
see what the assessment split will be and pinpoint areas to
be improved was unanimously carried.
4. FINAL ORDER: Improving MARYLAND AVENUE by overlaying that portion
from Western Avenue to Abeil Street; mitling, leveling and
overlaying that portion from Abeil Street to Interstate 35-E and
constructing curb and gutter and sidewaik in the easterly 1,200 feet
of the project; and constructing a street lighting system from
Western Avenue to Interstate 35-E; and repair Westbound Bridge No.
• 62526 (located 600 feet east of Jackson)
Chris Nicosia, Public Works Dept., explained Maryland Avenue will
be grou�d out, resurfaced, and will not be widened. There is some
major CSSP work being done at Jackson and Maryland. The work witl be
coordinated with the Jackson/Magnolia CSSP project which will begin
in June and be completed by August ist. Maryland work wiii begin in
August and be completed the latter part of October. Bridge deck
rehabbing is scheduled for completion in September. There is some
MWCC work being done underneath the Maryland bridge and that will be
completed in May. There will be one lane of traffic open at all
times.
Councilmember Rettman expressed her concern that work be completed
so as �ot to interfere with the Rice Street Festival activities and
that access be maintained to the businesses along Rice such as
Hauser's, Mister Tire and Dr. Sheehan. She asked that a schedule be
provided at the time this comes before the Council. Mr. Nicosia
pointed out that Maryland wiil be open the whole time and the work
being done there moves quickly so they don't anticipate any problems
with that.
Larry Price, General Sales Mana!�er for Mister Tire Co., expressed
concerns they have such as when will work start. Mr. Nicosia
expiained the pre-construction meeting has not been held as yet, but
• when that happens they will have a schedule and the plan of how they
intend to proceed. He said they would make sure the business
establishments are given a copy. No one else appeared.
MOTION: by Councilmember Rettman to recor�nend approval was
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• unanimously carried.
5. FINAL ORDER: Improving LEXINGTON PARKWAY from Jessamine Avenue to
Montana Avenue by constructing concrete curb, grading and paving or
overlaying with bituminous material, reconstructing a drainage
system, constructing a signal system and a street lighting system,
repairing existing bridge and doing all other work necessary to
compiete said improvements.
Jack Davis, Public Works Dept., said this project will be divided
into three portions as far as construction is concerned. Jessamine
to Horton will be done under traffic and will be narrowed from 4 to
3 lanes. At Hoyt and Horton traffic will be detoured with local
access maintained to park and golf course by staging construction.
Horton to Montana will be the second section and those sections wiil
be closed down one-half at a time. Access to pavillion and golf
course will be maintained at all times. Roadway will not exceed
present 32 ft. width which is a State requirement. There wiil be a
new alignment going approximately from fountain down to old lagoon.
The road is being shifted to the west to take traffic away from
present paviilion area.
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Councilmember Rettman aasked if what is before the Cormiittee today
is what was agreed on by the neighbors and city staff as a result of
• numerous meetings. Jack Davis said these are compromises fairly
weli agreed on as to how this would proceed. In answer to
Councilmember Dimond's question Mr. Davis said green lantern
lighting will be installed.
MOTION: by Councilmember Rettman to recommend approval was
unanimously carried.
6. FINAL OROER: Improving WINTHROP STREET from Lower Afton Road to
approximately 250 feet south to the cul-de-sac bv grading. paving,
constructing concrete curb and gutter; constructing storm water
drainage facilities; constructing a sanitary sewer in Winthrop
Street from Lower Afton Road to cui-de-sac, constructing sewer
service connections and constructing a water main in Winthrop Street
from Lower Afton Road to south to cul-de-sac. Aiso, constructing
water service connections. •
Jack Davis, Public Works Dept., explained this is a very short
street, 250 ft. long, going into a completely undeveloped area and
was requested by the developer who wiil be paying for all costs.
It is the most northerly limit of what is called the Highwood area.
Construction here should not have any impact on any other streets or
neighborhood in the area. Sanitary and storm sewers and water will
be hooked into existing systems and there shouidn't be any problem
at all. He said Mr. Beckett representing the developer is present
to answer any questions. Plans are well along, he continued. and
• the developer has agreed to pay all engineering costs and if this
project is not approved by the Council, they will still pay the
costs.
Councilmember Rettman complimented the Bacchus developer on their
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• quality work and said they have put up qood homes for years and are
willin� to �o the extra mile.
MOTIQN: bv Councilmember Dimond to recommend approval was
unanimously carried.
b. ORDINANCE: repealing C.F. 280088 adopted April 14. 1983 and
settling claims pertaining to litigation involving the Waldorf steam
line.
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7. ORDINANCE: granting to Nor�enco Corporation pzrmission to construct.
operate and maintain a high pressure steam line under and through
Qublic riqhts-of-wav at several locations within the City. .__ __
Phil Byrne, City Attorney's office, said these two ordinances are
related. The first one settles the past lawsuit and returns to
the city all the fees for the steam operation they should have
gotten but didn't get during the period of litigation between
Norenco {a subsidy of NSP}, Waldorf and the City.
The second ordinance is a new permit to Norenco to have their steam
line cross public streets and ways and provides for a revised table
of compensation to be paid to the city. The old permit was for 8
years and provided $500,000 to city each year. The new permit goes
to year 2001 and begins with a fee of $250,000 per year, with an
• escalator clause tied to the increases in costs for steam production
at the NSP High Bridge plant.
There was some discus�ion on who worked on the litigation and to
what account this money is credited to. Mr. Byrne pointed out there
was a Task Force consisting of Eugene Schiller� Greg Blees, Tom Cran,
Karen Swenson, and others. Reference was made to the reduction in
fees, and Mr. Byrne explained in settling the litigation a major
concern was what is amount of monev Waldorf can pay to the city for
their cost of engineering and still be competitive. The City, NSP
and Waldorf ail gave a littte to make sure this will continue.
Some discussion followed on what impact this has on district
heating and Mr. Byrne stated it couid have an indirect impact. He
further explained district heating's franchise provides for a fee to
be held in abe_yance until a date in the future, but there has been
an effort to do away with that waiver and require them to begin to
pay franchise fees immediately. No �ne appeared.
MOTION: by Cc�uncilmember Rettman to recommend approval of the above
two ordinances was unanimously carr•ied.
9. RESOLUTION 88-h79: Releasing City's interest in slo�e easements over
a part of Lots 7 and S Block I, and Lots 2, 3, 4 nd �, Block �
Hudson Road_ Gardens ,_ho��n�ed_t,y W i 1 son , Na�e 1_, Conway_ _and _ Jayne .__ _
• C���unc i 1 rnember D i mond ask�d t=or a c 1 ar i f i cat i on of whv tt� i s i�
r,eecJed and _.:� i d i t shows th i s as a vacated stre� ±. but i t i=
paved. Dick McCann. Valuations Division, er,plained 5lf1CP the =tr���
i�, v:�cate�? rhF�ra i; no ne�d for a s?e,:�P ea=,em�nt. Tt��e OW�It�r'S a�+�ed
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• for it to clear up the title as thzy may want to sell it and thi� is
merely a housekeepin,y matter. No one appeared.
MOTION: by C��uncilman Dimond to recommend approval was unanimously
carried.
10. Chr�is Nic�sia asked the Criair to consider holding Committee of the
Whole Meetings sometime in the future on the following topics: '
i. Summarv Abatement Procedures
2. Sidewalk Width Policy - some are 5 ft, and some 6 ft. The city
should set up some kind of �olicy.
3. Bid procedure on CSSP and street work.--
Where does money go when bids comes in lower than engineering
estimates.
4. Lighting fixture policy.
Regarding the Summary Abatement procedures, Councilmember Rettman
reported that the Elder Council is presently working on this matter
and she would like to receive their report before a meeting is
scheduled on this item.
Meeting adjourned: 10:07 A.M.
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