Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, March 13, 2000 - 7:00 p.m._________

Members present: Hafner, Klave, Lucke.

1. Matter of consideration of acquisition of property for water intake by eminent domain._____________________________________________________________
Howard Swanson, city attorney, reported there are two properties that the City needs to acquire for the project - Paul and Carla Dahley, 522 South 4th Street, and by John Buegel, 509 South 3rd Street; that the City has a signed purchase agreement for the property owned by the Dahleys and appears that will close in the next week; that they are attempting to negotiate with Mr. Buegel and it appears as though they will not be able to reach an agreement. He stated because of time constraints on acquiring these properties, would like to have council adopt a resolution which would authorize the use of eminent domain proceedings in the event that they are not able to negotiate acquisition of either property. He stated that it doesn’t appear necessary with regard to the Dahley property, but have included both properties. He stated that with regard to the Buegel property, Mr. Buegel has submitted a couple offers that were out of line and has been uncooperative with both appraisers and relocation people, etc. Mr. Lucke asked if we have appraisals on the properties and Mr. Swanson stated that included in the resolution are the sums of $180,000.00 for the acquisition of Parcel 1 (Buegel property) and $50,000 for Parcel 2 (Dahley property), which are values for the real property and the structures, and in addition to that they would be entitled to relocation benefits.

It was stated that Mr. Buegel feels very strongly that he should not have to sell his property, but we’re not giving up on negotiations but time pressures lead us to believe that we need to have this available. Committee stated that if in negotiation with Dahley’s didn’t want to jeopardize that. and it was noted that they are just waiting to close on the agreement, but there are a couple title problems that need to be worked out.

Mr. Vein asked if process of perhaps getting authorization for eminent domain on almost any structure even though in the process of negotiations; Mr. Swanson stated they have started drafting a broader type resolution that they would anticipate using for levee acquisition in which case they probably would not identify parcel by parcel but rather by reference referring to R/W drawings or plans, etc. so that didn’t have to come back to council on an individual parcel basis,
and that would be an administrative issue to move forward.

After further discussion it was moved by Klave and Lucke to adopt the resolution offering to purchase land and authorizing deposit into court and use of quick-take authority deleting Parcel No. 2. Motion carried.

2. Matter of change orders:
a) Change order, commercial demolition, former School District Building Phase 2,
Landwehr Construction.
Mike Yavarow stated this would be for the south part of the building, $15,000, to Landwehr Construction, Inc. (that a notice to proceed has been issued on the north part of the building with
Gowan Construction). He stated that there were two open-market demolition contracts and
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solicited prices from both of them). Moved by Klave and Lucke to approve the change order in
the amount of $15,000. Motion carried.

b) Change orders, Public works Facility Renovation, City Project #4822
Chuck Grotte stated change order in the amount of $13,193.41, C.L.Linfoot, Co., is to add sprinkler and heat to storage room, and provide check valves in fire suppression system and locate flow switches. Moved by Lucke and Klave to approve the change order. Motion carried.

c) Change Order #3, Baling Facility Structure, City Project #5086, Construction Engineers.
Tom Hanson, WFW, reported change order to provide iron edge angles around conveyor pits, Construction Engineers, Ltd., contractor, in the amount of $3,050.00. Moved by Klave and Lucke to approve change order. Motion carried.

3. Matter of plans and specifications for Wastewater Treatment Plant Reactor Tank Roofs, City Project #4371, Bid Package #6__________________________________
Jim West, KBM, Inc. presented plans and specs. to put roofs on four reactor basins at the wastewater treatment plant, 140’ in diameter, anticipate project cost somewhere around $1 million and asked to take bids. Moved by Lucke and Klave to approve plans and specifications and authorize call for bids. Motion carried.

4. Matter of consideration of the following bids:
Dick Newman, Solid Waste Mgr., reviewed bids and made the following recommendations:
a) Landfill payloader - $277,828 (including trade-in of $100,000) Butler Machinery Company; (total cost $377,828, that they budgeted $250,000 with $100,000 for trade-in, need transfer of $27,828 to pay for it and is included in the budget amendment.) He noted that the maintenance fee is separate item and would recommend that. Moved by Klave and Lucke to accept bid of Butler Machinery in the amount of $377,828 with trade-in of $100,000, for $277,828. and maintenance fee of $79,380 for 60 months or $1,323.00/mo. Motion carried.

b) Front load compactor - Dakota White GMC, $123,680.00 (base bid includes spare parts)
Moved by Klave and Lucke to accept the bid. Motion carried.

c) Heavy-duty tandem axle truck - Hall Truck Center, $176,687.48. Moved by Klave and Lucke to accept the bid. Motion carried.

d) Side-load compactor - Sanitation Products, $66,845.00 (not low bid but recommend as have 5 in fleet and bid could be reduced by spare parts included in the bid). After some discussion it was moved by Lucke and Klave to accept the low bid of Dakota White GMC in the amount of $64,430. Motion carried.

e) Heavy-duty single axle truck - Hall Truck Center, for alternate bid of $64,650.90. Moved by Klave and Lucke to accept the bid of Hall Truck Center. Motion carried.

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6. b) Sanitation Department - $159,692.00.
Mr. Newman stated budget amendment would take care of paying for all of the equipment. Moved by Klave and Lucke to approve the budget transfer. Motion carried.

5. Matter of plans and specifications for the following:
a) Skid steer loader
Mr. Newman reported they are bidding two skid steer loaders (one for baling facility and one for Street/Sanitation/Bikeway), taking alternate on bid for Street Dept. for smaller size.
Moved by Lucke and Klave to approve plans and specifications and authorize call for bids. Motion carried. (Comm. only)

b) Loader for baling facility
Held for 2 weeks.

6. Budget amendments:
a) Engineering Department - $28,832.00
Jay Bushy reported request is for amendment to purchase capital/car light duty truck that was approved at last meeting. Moved by Lucke and Klave to approve. Motion carried.
c) Public Transportation - $12,811.00.
Roger Foster reported this is to finish up financial obligation on a project that started in 1996 (software system) Moved by Klave and Lucke to approve. Motion carried.

7. Consideration of bids for GC/MS for lab - Water Treatment Plant.
Mike Shea distributed summary of bids received; and also an envelope marked as bid but not sure it is (delivered to the water plant at 10:00 a.m. on 3/09/00 but wasn’t delivered to City Hall until 3:30 p.m.) bids were to be received at City Hall at 2:00 p.m. Mr. Shea also noted that the company did submit two bids properly. Moved by Lucke and Klave to open the bid because of time. Motion carried. (this item will go to council)

8. Matter of permanent watermain and temporary construction easement northeast of the intersection of Gateway Drive and N. 36th St. for Project No. 5072.____________
Anita Mehle, Advanced Engineering, stated these are easements by Simplot, and each has a cost of $1.00. Moved by Lucke and Klave to accept the easements and authorize City officials to sign the easements. Motion carried.

9. Matter of various easements for Proj. 5048:
a) Permanent Bikeway and Utility Easement along the north side of 17th Ave. S. south of Nordonna Circle
Doug Herzog, CPS, reported this was a utility easement and have changed to bikeway and utility easement; Crary Real Estates, $1.00. Moved by Klave and Lucke to accept the easements. motion carried.
b) Permanent Bikeway and Utility Easement along the north side of 17th Ave. S. west of Nordonna Circle
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Mr. Herzog stated this is same situation, it’s strip park that will run from 17th to 11th , and in the title of Johnson Farms (hasn’t been transferred to the City or Park Board) $1.00 fee. Moved by Klave and Lucke to accept the easement and authorize proper City officials to sign the documents. Motion carried.

c) Temporary Construction Easement along 17th Ave. S. for reconstruction of driveway to Birkholz property
Mr. Herzog reviewed. Moved by Klave and Lucke to approve the easement, and authorize proper City officials to sign the document. Motion carried.

d) Temporary Construction Easement along 17th Ave. S. for from 38th St. westward
Mr. Herzog reviewed the easement. Moved by Klave and Lucke to accept the easement and authorize proper City officials to sign the document. Motion carried.

e) Permanent Bikeway, Walkway, Roadway, and Utility Easement along the west side of 42nd St. at 1st Ave. N.
Mark Lambrecht, CPS, reported this easement granted by UND and is one of 3 easements, other 2 seen previously and were furnished without cost; this easement is on the west side of 42nd St., north of DeMers Avenue, that the road moved to the west because of some expensive relocations involved with the RR, UND receptive to seeing our need and granted easement on our behalf; this is in property that potentially is good development property in the area of the Aerospace Park and for that reason ask for consideration on this easement, 3500ths of an acre, value of $15,000/acre, and comes to 34 cents sq.ft. or $5,183.00., and amount of consideration in relation to the value of the land seems reasonable. Mr. Vein stated this is an appropriate figure to pay. Moved by Klave and Lucke to accept the easement at a cost of $5,183.00. Motion carried.

Mr. Herzog reported that the only easements that have not been worked out is the temporary construction easement with Mr. Rieger and those are still in progress, do not need his easements to build this project but would be a betterment to his yard and driveway if he grants two temporary easements and a small permanent easement to extend that culvert that goes through 42nd St.
He has signed a driveway easement but not a slope easement that allows us to taper back into his yard better.

10. Matter of temporary construction easements and permanent roadway and utility easements for Watermain Project No. 5136 and Paving Project No. 5145._______
Tom Hanson, WFW, stated summary sheet had been included in packets for 7 property owners, that Mr. LeClerc negotiated these easements in total amount of $10,452.00. Moved by Klave and Lucke to accept the easements and authorize proper City officials to sign the agreements.

11. Matter of Amendment No. 13, WFW, Proj. 4719, Sewer Restoration
Mr. Hanson reviewed Amendment No. 13, that they have reviewed the costs required to do the construction phase of the Sewer Restoration projects, and it appears they can reduce that dollar amount in contracts by approx. $400,000, so this reduces the engineering fees - but
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basically will adjust at point in time but it was a way to recover those CDBG portion of funds and spend on something else other than sitting in engineering fees and not getting spent. Moved by Klave and Lucke to approve Amendment No. 13 to the engineering services contract for Sewer Restoration Area 1, City Project No. 4719, and that total compensation due the Engineer for listed projects shall not exceed $1,743,00 unless an increase is mutually agreed to by the parties to the agreement. Motion carried.

12. Matter of creating special assessment districts for Proj. 5158, Dist. 272, Water Main on 55th Ave. S. from Washington St. to S. 11th St.______________________________
Jay Bushy, Proj. Eng., reported this request is from Presbyterian Church to extend watermain past their property, and presented Engineer’s Report, est. cost $25,250.00 to run a 12” line past the Church’s property; and that the City will have to be carrying a future assessment fee for the area north of 55th as that is not annexed into the city. Mr. Grasser stated that the Church is on rural water and they are asking for city water because they want to do landscaping, etc. and difficult to get enough water through rural system. Mr. Grasser reported the City annexed property to the west which is owned by the Park District, and annexed a strip on the east side of Washington, and going about 140 ft. from platted right of ways, that swing you around 57th Avenue south and ties you into the north, that the assessment will go against the area within the city limits which is the Presbyterian 2nd Addn.; that Haley’s 1st Addn. to the north which is outside the city limits will be carried as a future assessment area, and City will have to carry those costs, or approx. half of the $25,000 costs. Mr. Grasser also noted that the City has bought out Traill Water customers and potential customers within a certain identified area, and if we don’t take someone over on the City, Traill Water can continue to serve them. Klave stated he hoped it was for more than to water some plants, Mr. Herzog stated that when the Washington Street watermain went in, there was a 12” line pushed across Washington Street and stopped at property line with a hydrant, then during massive annexation process, the Church wanted to be annexed and were annexed, then have a fire inspector out there saying that the hydrant is too far away and isn’t going to work for fire protection, and Mr. Allard has pushed the issue along with the watering, because the service off Traill isn’t going to be adequate for the sprinkler system for the shrubs and trees. The hydrant will be relocated plus a second installed and cost is included in the project cost.

Moved by Lucke and Klave to adopt a resolution creating the assessment district, approving the engineer’s report, including estimate of cost, an assessment district map, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications, and that we declare intent to sell bonds to finance those improvements. Motion carried.

13. Matter of Plans and Specifications for Proj. 5150, Dist. 431, Storm Sewer on S. 38th St. from 36th Ave. S. to the South End Drainway___________________________________
Mr. Bushy presented plans and specifications and stated that to the north of this area is where the new shopping center is proposed, and this line is to provide them an outlet for their pond and sized to take in future areas of development. Moved by Lucke and Klave to pass a resolution approving the plans and specifications for this construction and further that the city
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auditor be directed to advertise for bids on the project. Motion carried.

14. Matter of consideration of construction bids for various projects:
a) Proj. 5050, Dist. 19, Bikeway Repairs along the English Coulee from 22nd to 24th Ave. S
Mr. Lambrecht distributed bid tabulation, that bids opened today, 4 bids, low bidder was Valley Contracting in the amount of $57,514.90; that this is a project where the Park District has the only benefiting property in the assessment district (project will repair along the bikepath in the area behind the Primrose Court Apts.) and perhaps want to check with the Park District to be sure of their budgeting for the project. Mr. Grasser stated they would contact the Park District. Lucke questioned whether they could accept the bid and delete items ie., hydroseeding and sodding; Mr. Lambrecht stated they would explore that with the Park District. He also noted that there are $20,000 in Bikeway Maint. Funds that were earmarked for the project, and those funds would apply and remaining costs special assessed to the property. Moved by Klave and Lucke to accept the low bid of Valley Contracting in the amount of $57,514.90. Motion carried.

b) Proj. 5102, 2000 Casting Quotes
Mr. Bushy reported they received two bids, Fargo Water Equipment was low bidder in the amount of $7,544.28, and recommended awarding contract with purchase of castings as needed. Moved by Klave and Lucke to accept the low bid of Fargo Water Equipment in the amount of $7,544.28. Motion carried.

c) Proj. 5106, 2000 ADA Curb Ramps
d) Proj. 5103, 2000 Sidewalk Repairs
Held in committee.

e) Proj. 5138, 2000 Watermain Replacement
Mr. Bushy stated this is a series of watermain projects (4 areas of replacement), there were 7 bidders and low bidder Soberaski, Inc. in the amount of $288,972.00, and recommended awarding the contract. Moved by Klave and Lucke to accept the low bid of Soberaksi, Inc. in the amount of $288,972.00. Motion carried.

15. Matter of Change Orders for various projects:
a) Proj. 4970, Water on Columbia Rd. (Demers to University) and connection to UND Water Tower, C.O. No. 2
Ms. Mehle, Advanced Engineering, stated this is second change order for ICS, and encompasses several items: 570 ft. bore and per manufacturer’s recommendation shortened the spacing of the casing spacers, change of pipe material from PVC to ductile iron per requirement
of the Railroad, and additional bond costs and change order results in deduct of $988.96, and is a CDBG funded project. Moved by Lucke and Klave to approve the change order. Motion carried.

b) Proj. 4971, Water Tower Level Controls – Electrical Contract, C.O. No. 1 and
Mechanical Contract, C.O. No. 1
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Ms. Mehle stated that both electrical and mechanical are change orders for the same thing: change in scope of work, deleted Smiley Tower valve pit work, and time extension for completion of the project from June 30 to July 15, 2000, for deduct of $13,500; and Moorhead has deduct of $10,488.00; project CDBG eligible. Moved by Klave and Lucke to approve the change orders. Motion carried.

16. Matter of revised Engineer’s Report, 42nd Street, Project No. 5048, Dist. 563
Mr. Lambrecht presented revised copies of Engineer’s Report, and stated that reason for the revision is that when it was prepared it was very early on in the project and did estimating without any plans being completed, plans done and estimate prepared to finer degree - and that as letters have not gone out to property owners and because this is large project, updated the engineer’s report. Total est. project cost $10,133,127 comparing to $11,417,000 and has decreased. He stated that the total assessment and future assessment costs are now est. at $5,076,000 and that is a reduction as compared to $6.8 million. He stated that the City’s share funds now est. at $2.42 (and funds from other sources) and that’s an increase of $170,000 from previous ests. Moved by Klave and Lucke to approve the revised Engineer’s Report. Motion carried.

17. Matter of farm lease.
Mr. Grotte reported they recently purchased a 40-acre section of land for the clearwell and will build waterlines on the west side of that site this summer but don’t need the rest of the land and the people leasing from the former owner asked if they could lease it again, that this was purchased from Johnson Farms and would lease it to the farmer for the same price as they paid the Johnsons per acre, which is $77/acre, with option for extension in future years. Moved by Klave and Lucke to authorize entering into the lease agreement. Motion carried.

Moved by Klave and Lucke to adjourn; meeting adjourned at 8:15 p.m.

Alice Fontaine
City Clerk

Dated: 3/14/00