Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, January 31, 1994 - 7:00 p.m.

Members present: Hagness, Beach, Beyer, Glassheim.

1. Request by Richard Nelson, Valley Glass, 1612 1st Avenue N.,
for extension of time to relocate business.
Mr. Nelson stated he is putting up steel building on Dyke Avenue two blocks from Washington Street - that he is in process of getting paperwork done, (has building permit, has had property surveyed, variances, will be requesting tax deferment, and in process of getting street between his property and TAC vacated) would like extension - that it will take about 6 weeks once weather warms up, won't be past June 1. He also stated he is keeping trucks out of the alley. Moved by Beach and Glassheim that we grant an extension until June 1. Motion carried.

2. Application for moving permit to move garage from 1903 Dyke
Avenue to 117 Seward Avenue.
Mr. Vein submitted pictures of the building, and that it will require new foundation, repair of siding, and a few miscellaneous repairs. Moved by Glassheim and Beach to approve application subject to the public hearing. Motion carried.

3. Request to write specs. for sanitation dept. equipment:
a) roll-off truck
Dick Newman reported units will be bid separately; $85,000 budgeted, $65,000 for truck and $20,000 for hoist; and that a 1978 model is being replaced but would keep for reserve. He stated he did not know what mileage is on the vehicle, but that they have been using truck for pickup at yard waste sites, etc. He reported they have 8 full boxes (Festival Foods, Wal-Mart, K-Mart, Simplot each own their own containers), and have 3 half boxes (BN uses one constantly) and they provide roll-off box for Community Development when cleaning up riverbank. Moved by Glassheim and Beyer to approve request for specifications and call for bids. Motion carried. (committee only)

b) compost turner
Dick Newman reported there is $85,000 budgeted for 1994, however, can get equipment for use with tractor (used tractor, more versatile if can be used with other equipment) for approx. $25,000; more expensive equipment has its own engine. Moved by Beach and Glassheim to approve request to write specs. for equipment with used tractor, and call for bids. Motion carried. (comm. only)

c) replacement loader
Mr. Newman reported this is loader City leased to replace loader that burned up at landfill 5 years ago; lease expiring first of August and City can take advantage of buy-out option for about $90,000; new loader would cost about $220,000+, would bid with trade-in of the 980; however, if get better trade-in than buy-out price would buy and use for trade-in. He reported they
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would bid with same lease option (would look at interest rates,
buy-out and guaranteed buy back options). He recommended going out for bids - City would still have option of buy-out. Moved by Beach and Beyer to authorize writing of specs. for the loader and call for bids. Motion carried. (comm. only)

4. Matter of participation in Municipal Waste Landfill Release
Compensation Fund.
Mark Lambrecht reported this fund created by bill at last State Legislature, and will assess $1.00/ton fee on solid waste deposited at all operating landfills in the state (there are some exclusions in the bill, i.e., lime sludge, tires, yard waste), and fee would go into fund so if pollution problem around landfills, cities could draw on this fund (after paying first $100,000) to correct or take remedial actions; to take effect first of April until $15 Million has accumulated in the fund or continue to perpetuate itself. He stated that Fargo intends to challenge this bill, they interpret that participation optional, and ND Health Department will ask for attorney general's opinion to determine whether optional or mandatory; that Fargo intends to collect money but they want to self-insure; Fargo, Bismarck and Minot have synthetic liners at landfill, and they feel that cities like Grand Forks who continue to operate under old landfills most likely to have pollution problem. He noted that State Health Department came to our defense, that we are likely to have safe and pollution free landfill. He stated that if only few cities participate, would not be viable.

He recommended they direct that appropriate ordinance be implemented to collect $1.00/ton fee; should begin assessing fee on first of April but retain funds pending attorney general's opinion with intent that either participate in fund or set up own self-insurance fund and direct that monies be used for that purpose in common fund or self-insure ourselves. The committee questioned how this would be collected and shown on billing. He est. this would bring in $60,000 year, would also collect from surrounding communities; and would like to show separate sur-charge item on billing because not being done at volition of City, and is being set aside for specific purpose (shared risk with other communities). He noted cities will collect on per month basis but remit to State on per ton basis at end of calendar year; they have est. cost of 25 cents per household per month. There was some discussion as to how this fee should be billed, whether include with existing 20 cent/mo. surcharge or separate item on residential bills; how determine commercial fees, name of fund, etc. Mr. Vein stated they are asking for ordinance change to increase rates from $6.80 to $7.25 to include this fee. Mr. Lambrecht stated that the State asked for declaration by first of February if going to participate. Mr. Vein questioned why, if mandatory, is State giving opportunity to participate.

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After further discussion it was moved by Beach and Glassheim that we notify North Dakota State Department of Health of the City's intent to participate in this program, to collect the fee effective April 1 and hold in escrow in the Landfill Liability Fund pending attorney general's opinion. Motion carried.

Mr. Lambrecht also advised committee that this doesn't satisfy EPA's concern for assurance.

It was noted that the 20 cents municipal sur-charge presently being collected is a flat lump sum that goes to Regional Solid Waste Board and to State Water Commission for recycling grants and rating existing landfills and help site new landfills. Mr. Newman stated they will look at commercial accounts and work something into surcharge.

Beach suggested that they instruct department to endorse concept and come back with operating plan and introduce ordinance. Held in committee and come back in two weeks.

5. Bids for Paving Project No. 4093, Burdick's Resubdivision.
Al Grasser, asst. city engineer, reviewed bid tabulation with committee; Nodak Contracting low bidder in the amount of $220,760.30. He noted that Community Development received funding for this, most of the utilities already in, with exception of street lighting and sidewalk. Moved by Glassheim and Beach that we accept the low bid of Nodak Contracting in the amount of $220,760.30. Motion carried.

6. Matter of scheduling public hearing for 6th Avenue N. recon-
struction project.
Tom Hanson, WFW, reported that initial plan called for two public hearings, concept report now in good shape, will have final review this week, and need to schedule hearing and notify residents. He stated their intention is to provide six separate work areas and time frames - to complete each phase before starting another - that access to Stanford Road a concern, also mobile park, etc. Mr. Hagness questioned whether they would get better bids if they constructed temporary road and bid project without phases. Mr. Hanson stated that additional cost of road would off-set any savings. He also reported they will video tape all structures before starting project; and they want any input from residents that would affect cost. It was noted by Mr. Grasser that State has set project back for 1995 construction and this is public informational meeting; there would be public hearing required. The committee suggested holding hearing at location in that area - i.e., Lake Agassiz School and for Mr. Hanson to make arrangements and get back to committee.

Mr. Beach asked Mr. Hanson to keep council members from Second

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Ward advised because project impacts residents of that ward.

7. Ordinance to amend Section 15-0204, use of public sewers.
Keith Johnson, asst. city engineer, presented proposal to amend ordinance to remove upper pH restrictions from ordinance as EPA no longer requires that the pH of wastewaters be limited to less than or equal to the 9.5 standard units, and suggested increase to 11.0 or 11.5. Mr. Vein noted that this change would allow all existing businesses to operate without penalty, and recommended increase of ph restriction to 11.0. Mr. Johnson stated they are not aware of any damages to system resulting from the higher pH. Moved by Glassheim and Beach to approve proposed ordinance to increase pH of wastewaters to 11.0 and to introduce the ordinance for first reading. Motion carried.

8. Matter of Proj. 3968, Erosion Control Red River Dam (infor-
mation only).
Mr. Johnson handed out copies of letter sent to the State Water Commission, that City suffered damages from erosion of banks and bottom of dam, City inquired about what could be done, and Water Commission surveyed bottom and banks and then applied to Corps of Engineers for assistance in flood control; Corps of Engineers made preliminary report and they will do free feasibility study and participate in 75% of the repair cost, to a max of $500,000; however estimated cost for riverbank protection is over $1 Million. Mr. Vein stated that State Water Commission designed the dam, and dam constructed at cost of $1.3 Million with City paying 12.5% of total cost; and questioned if we should be paying 12.5% on $1,030,000 repair project or 12.5% of $500,000; City has $75,000 budgeted. Committee suggested they pursue Mr. Vein's proposal of offering to pay 12.5% of the non-federal share, and report back to committee.

9. Engineering contract for N. 55th St. bridge/structure.
Held for 2 weeks.

10. Matter of request to install utilities in City R/W for
Johnson's Third Addition.
The committee questioned whether developer advising property owners of future costs; and it was noted by Mr. Weiland, CPS, that Mr. Crary is trying to make clearer to potential land owners. Moved by Beyer and Glassheim that we authorize developer to construct utilities in City R/W and that the City enter into three-way agreement with the developer and the contractor. Motion carried.

11. Matter of bikepath extension on DeMers Ave. (42nd St. to
N. 55th Street).
Mr. Grasser advised committee they would like to hold this matter and take to Bikeway Committee before any action by this committee.

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12. Matter of plans and specifications:
Mr. Grasser reviewed plans and specifications and asked for approval and to set bid date of February 28, 1994.

a) Proj. 4151, 1994 sidewalk repair
Mr. Grasser reviewed plans for project est. at $180,000, with $70,000 of that cost for curb ramps. He noted that City is responsible for all curb ramps in city.

b) Proj. 4152, 1994 concrete street repair
Mr. Grasser reported est. cost of project $280,000.

c) Proj. 4153, 1994 asphalt street repair
Mr. Grasser reported est. cost of project $20,000.

Moved by Glassheim and Beach that we approve plans and specifications for these projects and set bid opening date of February 28, 1994. Motion carried.

d) Proj. 4175, 1994 casting quotes
Mr. Grasser reported quotes received from Neenah Foundry Company for manhole and inlet castings, est. cost $12,450 plus est. freight cost of $578.00. He noted there is estimated over-all 5 to 20% increase in costs, but prices held for last 2-3 years without increase. Moved by Beach and Glassheim to accept bid of Neenah Foundry Company for manhole and inlet castings at an estimated cost of $12,450, plus freight, to be paid out of Highway Users' Fund. Motion carried.

13. Matter of special assessment district for classified streets.
Mr. Grasser reported that in addressing concerns by property owners when assessing project costs for rehabbing or recon- structing classified streets, they had presented various options to the Special Assessment Commission without recommendation, and presented to the committee listing of three options which has been updated to take into account recommendation of Special Assessment Commission which is Option #2:

Option #1 - current policy (the assessment district would be the area halfway to the next street in both directions, with lots fronting on the street to receive a frontage assessment and all other lots to receive a sideage assessment);

Option #2 - This option would expand the assessment district to include the area half-way to the next classified street in both directions, with all lots fronting the classified street to receive a one and one-quarter assessment benefit, and all remaining lots to receive a one-quarter assessment benefit; and

Option #3 - this option would expand the assessment district to include the area all the way to the next classified street in

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both directions, with all lots fronting the classified street to receive a one and one-quarter assessment benefit, all remaining lots within the option #2 boundary to receive a one-quarter assessment benefit, and all remaining lots to receive no assessment benefit.

Mr. Grasser reported that auditing department has some concerns re. sending out notices to all properties, this is only for limited type of project, possibly only one each year. He noted that by State law do not have to notify every person in the district, could go back to only advertising in the paper and eliminate sending out registered letters.

He also noted that the City pays 80% of reconstruction costs. The committee noted that on controversial projects, going to stir up more opposition by having expanded district. Mr. Grasser stated that in removing financial responsibility from property owner, have lot more requests for reconstruction/rehabbing of streets.

Moved by Glassheim and Beyer that we adopt policy outlined in Option #2. Mr. Beach favored leaving policy as is. Motion carried; Beach voting against the motion.

14. Temporary and overtime statement for December, 1993.
The committee reviewed the statement. Moved by Beyer and Glassheim to approve. Motion carried. (committee only)

15. Bids for hydraulic power unit for wastewater dept.
Gary Goetz presented bid for hydraulic power unit for 4" pump, received only one bid which is over-budget, $9,000 budgeted and bid came in at $10,526.71 from Northern Dewatering Co. and would have to transfer funds out of capital items. Moved by Beyer and Beach to accept the bid of Northern Dewatering in the amount of $10,526.71, and authorize transfer of funds to cover purchase. Motion carried.

16. Matter of complaints re. street cleaning/snow removal.
Mr. Glassheim reported he had received complaint re. some people being ticketed on their street cleaning day, and no work being done. Mr. Vein stated that doesn't happen.

Mr. Hagness stated City cleaning both Rider Road and Springbrook Court on same day, no place for residents to park, and being ticketed. Mr. Vein stated they will look at that.

Mr. Glassheim questioned why there weren't "street cleaning" signs on everyone's street, ticketing without telling everyone. Mr. Vein stated it would be cost prohibitive to install signs on every street in the city, not sure what best mechanism is to notify residents, used to be part of the city calendar, need
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better way of informing public.

Mr. Vein reported they will be setting up voice mail so residents can call to see if their street going to be cleaned and will be getting info. to the public.

19. Info. additional responsibility for City on fed.projects.
Al - they had meeting with Dept. of Transportation re. various federal/state aid projects, that State is putting more and more responsibility back on the City.

Meeting adjourned.

Alice Fontaine
City Clerk

Dated: 2/01/94.