Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, March 14, 1994 - 7:00 p.m.

Members present: Hagness, Beach, Beyer.

1. Application for permit by Lloyd O'Keefe to move building from
rural Crystal, ND to 3700 blk. of 26th Ave.s. (single-family
residence).
Ken Vein, city engineer, reported that the building inspector has written report but not made inspection, they haven't called him for inspection. The committee stated that the City should recover any costs for inspection, etc. Held in committee until Monday, March 21, at 7:15 p.m.

2. Petition protesting sidewalk in easement between 11th Ave.S.
and Crescent Drive.
Council Member Johnson reported he had been contacted by group of property owners concerned re. sidewalk in easements. Mr. Vein stated that he was not aware that this property on sidewalk list; that his office received request from Mr. Goddard for sidewalk to go in; other property owners submitted petition protesting, the 4 adjacent property owners are against installation.

Don Goddard stated he rented property at 2510 stated difficulty he had in getting to Columbia Road with no sidewalks - 3 blk. long area, and had large number of people walking across his patio because fence had been built across north end of the easement; that later he purchased property at 2517 Crescent Drive, that he was aware there was pedestrian traffic trying to get through, with most going down Columbia Road. He stated easement put in when land platted but sidewalk not built, 2 condos on 11th Ave.s. have installed their sidewalk; thinks it's time for it, so called engineering office whether sidewalk easement and they took it from there.

Therese Holkesvig, 2511 Crescent Drive; Kristi Nupdal, 2507 Crescent Drive; Virginia and Lawrence Sobolik, 2516 11th Avenue South, and several other residents stated their opposition to the sidewalks in the easements - too close to property, and in one case runs by bedroom windows. Sharon Borgan, owner of rental property at 2510 11th Ave.S. stated when they lived there didn't have problem with pedestrian traffic.

It was noted that 100% of property owners, with exception of Mr. Goddard, were opposed to the sidewalk installation.

The committee discussed vacation of the easement, and Mr. Swanson, city attorney, advised that the matter would have to be referred to Planning and Zoning Commission because it's part of a plat.

Moved by Beach and Beyer that this property be deleted from any existing sidewalk list and the matter of vacation of the sidewalk MINUTES/PUBLIC SERVICE COMMITTEE
March 14, 1994 - Page 2

easement be referred to Planning and Zoning Commission to begin the vacation process. Motion carried.

3. Bids for water meters, repair sleeves and brass goods, etc.
Dwight Wurzbacher, supt. water maintenance, reviewed tabulation of bids received, reported that meter bids lower than last year, and other bids very competitive, monies budgeted and bids meet specs. Moved by Beach and Beyer that the bids be awarded to the low bidders as follows: Badger Meter, Inc. for water meters in the amount of $27,510.00 w/o trade and $25,980.50 with trade; Northern Waterworks Supply for repair sleeves and saddles in the amount of $9,108.10; and to Fargo Water Equipment for brass goods and curb boxes in the amount of $13,519.67. Motion carried.

3. Claim for compensation relating to wood disposal at landfill.
Owen Varnson and Mark Ziegelmann reviewed events leading to claim for compensation in the amount of $1,800 for wood they had stockpiled at the landfill and which was later given to other individuals. It was noted that an offer of $1,000 by the City was denied by Mr. Varnson. Mr. Newman concurred that everything done verbally. Mr. Varnson stated he had spent over 200 hours working on stockpiling, etc.; that they moved 60 cords of his wood, he was getting $30/cord. Mr. Swanson, city attorney, was critical of way handled, not enforceable contract either way. Mr. Beach stated he had problem paying out public money on this claim; paying for wood Mr. Varnson didn't own.

Moved by Beach and Beyer that the claim be denied.

Mark Lambrecht, asst. director of public works, acknowledged misunderstanding and that they tried to arrive at a compromise; tried to negotiate to get wood back but couldn't; worked on compromise but couldn't agree.

Mr. Swanson also stated they should have had permit to scavenge; and would recommend totally restricting scavenging.

After further discussion it was moved by Hagness and Beyer that the City pay the offered/negotiated price of $1,000, with monies to be paid from Sanitation Fund. Motion carried; Beach voted no. (Committee only)

4. Engineering agreement for City Proj. 4045, surface water
treatment rule improvements at water plant, phase I.
Held until Monday, March 21, at 7:15 p.m.

5. Matter of bill from Myron Weekley for moving cars for English
Coulee Diversion Project.
Mr. Weekley presented bill in the amount of $21,300 for moving 213 cars at $100 per vehicle; that conditions were wet,

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muddy, and they ruined $9,000 Oskosh, loss of business of $6,000. He stated there was some discrepancy in the bill; they counted 213, Mr. Orthmeyer counted 172, and they would settle for 172 vehicles moved. The committee stated that the City would pay cost of moving the vehicles. Mr. Vein stated monies would be paid from English Coulee Diversion Fund. Mr. Weekley stated that sometimes they spent 2 hours per car, and spent about 2 1/2 months to move, and had wet conditions entire 2 1/2 months; that this was 8 years ago, and they still working on it.

Moved by Beyer and Beach that we pay the bill in the amount of $21,300.00. Motion carried.

Mr. Weekley stated they are still negotiating on easement for beautification project on Gateway Drive.

6. Matter of contract for construction engineering services,
Proj. 3832, Lagoon Pre-Aeration improvements.
Hugh Veit, KBM, reviewed proposed engineering agreement for services during construction period of improvements at pre-aeration wastewater cells in the maximum amount of $82,270.61. It was noted that construction bids received three weeks ago and were awarded. Mr. Vein stated he and Keith Johnson had reviewed agreement with Mr. Veit, and this is what is needed to insure project completed to plans and specifications. Mr. Johnson recommended approval. Moved by Beach and Beyer that we approve the contract in the maximum amount of $82,270.51, and authorize proper City officials to sign said agreement. Motion carried.

7. Matter of Richard's West storm sewer improvements, Proj.
3821, additional gravity sewer, engineering contract amend-
ment.
Tom Hanson, WFW, reviewed amendment to the engineering contract signifying changes to that City project increasing the value of the project, in the amount of $17,200. It was noted that project construction cost est. at $1,067,000. Mr. Vein reported they had reviewed contract amendment and is at same percentage as original contract. Moved by Beyer and Beach that we approve the amendment to the engineering services contract in the amount of $17,200.00 because of expansion of the project. Motion carried

8. Matter of English Coulee bikepath routing.
Al Grasser, asst, city engineer, Robert Bushfield, city planner, and Doug Herzog, CPS, engineering consultant, reviewed project with the committee. Mr. Bushfield distributed copies of minutes from the Bikeway Committee recommending they certify R/W as shown on map to the serly. edge of Chateau Condominiums' property line and then certify the R/W shown on map west to S. 34th Street and on the east side of S. 34th Street, north to the intersection of DeMers Avenue; to phase in the construction so

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the project is completed to the southeast corner of the Chateau Condominiums' property in 1994 and the balance of the project be completed in 1995; with the city planner to contact the State DOT to see if the phasing of the project is permissible.

Mr. Herzog stated he and Tim Shulte had met with Chateau Assn. consisting of 4 present bldgs., everyone appeased except two people; that fence and retaining wall would be put in to protect driveway area; and stated that directors of Assn. wouldn't comment without getting vote of their members. Mr. Beach stated he had attended annual meeting, feelings against very strong; they have concern about liability on their property; that another comment was that lot of people are heading to golf course on bikes, they will continue on 34th St. Mr. Herzog stated preferred routing was to stop path at 11th, then to 34th St., etc.; alternate route is to continue to Chateau property and then proceed westerly to Duke Drive and 34th Street, to utilize aesthetics of park property and Coulee. Mr. Bushfield stated that the Bikeway Comm. recommended using scenic route along coulee to DeMers Ave. Mr. Swanson stated that Chateau not liable for what happens on bikepath. He also stated that City wouldn't have ability to quick take property, would need to run bikepath on temporary basis on Duke Drive until litigate, probably have done in a year; City has to decide where they want bikepath. Mr. Beach stated that objections were not only liability but that 2 properties very close to proposed bikepath. Mr. Bushfield stated that the Bikepath Comm. will continue to try to negotiate with property owners.

After further discussion it was moved by Beach and Beyer that we approve route as follows: from 17th Avenue South along east side of the Coulee to Park District property, through park to 11th Avenue South; with Phase 2 from 11th Avenue South along west side of English Coulee, following the Coulee to Chateau Condos property, then west along Duke Drive to the west side of South 34th Street, then north to DeMers on 34th Street; and to initiate condemnation proceedings to obtain easement through Chateau Condos area as a preferred route that could be initiated during Phase 2 construction. Motion carried.

9. Matter of approving plans and specifications:
c) Project. 4010, Dist. 220, watermain on S. Washington St. from 28th Avenue South to 32nd Avenue South.
Greg Norman, property owner, protested the project, that total est. cost of $30,000 for assessments very high and a burden to a new business; that property zoned A-1, and has restricted use. He stated that loop being put in for fire protection benefits more than his property, that City as a whole benefits. It was noted that City is picking up cost of oversizing of pipe and tapping charge for Cemetery property. Mr. Vein also stated that under present City policy no additional assessments to this

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property. The committee asked whether assessments could be extended over longer period of time; Mr. Swanson advised could not exceed 20 years because could run into problem with issuance of bonds. Mr. Norman was advised that he could appeal to the Special Assessment Commission.

Moved by Beyer and Beach that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as April 11, 1994. Motion carried.

10. Matter of 1994 projects for consultants.
Mr. Grasser reported they had requested qualifications from consultants for projects to be done in 1994 and 1995, and reviewed summary of proposed projects and consultants. He also reported there are several potential projects where determination not made on whether to use consultant or do in-house. Mr. Vein reported this is information only and his staff will make selection and present to committee at their next meeting. Information only.

11. Matter of preliminary concept report for 6th Ave.N. recon-
struction.
Tom Hanson, WFW, submitted project concept report that satisfies all requirements, est. project $1.5 Million. He reported he had met with Mr. O'Leary on the Richard's West projects, that storm sewer on Boyd Drive inadequate, identified solution and proposing addition, however, can't be added to that grant, and they are proposing to include in concept report and ask Highway Department to assist. He also noted that signals are included in the report. Moved by Beach and Beyer to approve concept report and submit to the ND State Department of Transporation for their review and approval. Motion carried.

12. Matter of creating special assessment districts:
a) Proj. 4126, Dist. 527, overpass widening and street re-
construction at 32nd Ave.S. and I-29
Al Grasser reviewed assessment district with the committee, stating that the Travel Plaza wants to special assess rather than paying cash, project is scheduled for bid by the Department of Transportation and because of time crunch have to create district and approve plans and specs. at this time.

Moved by Beyer and Beach that we pass a resolution creating the special assessment district, approving the engineer's report, including estimate of cost, and an assessment district map, and further that we declare our intent to sell bonds. Motion carried.

Moved by Beyer and Beach that we pass a resolution approving the

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plans and specifications as prepared by the North Dakota State Department of Transportation for this construction with scheduled bid date of March 25, 1994. Motion carried.

b) Proj. 4206, Dist. 347, sanitary sewer on S. 21st St.
from 26th Ave.S. to 27th Ave.S.
Al Grasser reported that Dan Mikkelson has requested utilities to serve this property which they are going to be developing; there are no up-front monies on the project because it was platted prior to that requirement. Moved by Beach and Beyer that we pass a resolution creating the special 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 further that we declare our intent to sell bonds. Motion carried.

c) Proj. 4207, Dist. 231, watermain on S. 21st St. and on
26th Ave.S.
Mr. Grasser reported this is for same area as above, and has requested costs to be special assessed. Moved by Beyer and Beach that we pass a resolution creating the special 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 further that we declare our intent to sell bonds. Motion carried.

13. Matter of approving plans and specifications:
a) Proj. 4002, Gateway Dr. Phase III.
Mr. Grasser reviewed plans and specifications with committee; project being bid by ND State Department of Transportation. Moved by Beach and Beyer that we approve plans and specifications as prepared by the North Dakota State Department of Transporta- tion, with scheduled bid opening of March 25, 1994. Motion carried.

d) Proj. 4147, Dist. 526, paving N. Columbia Road.
Mr. Grasser reported they are requesting alternate bids on this project, asphalt or concrete, and that property owners have choice as to type of paving. He stated they have concern with concrete stability on slope on curve. He stated they have set bid date of April 11. Mr. Vein stated they have R/W problem but are negotiating, that he met with Mayor and manager of State Mill; City will do platting for free and dedicate that property to the City, may delay starting date of project. Mr. Swanson stated they would have to litigate quiet title, would be better off platting it. Beyer asked whether paving of Bacon Road (between 300 and 400 ft.) should be included in the project. Moved by Beyer and Beach that the project construction work be expanded to include paving of Bacon Road between North Columbia MINUTES/PUBLIC SERVICE COMMITTEE
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Road and U.S.Highway No. 81; that we pass a resolution approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project and set the date for opening bids as April 11, 1994.
Motion carried.

14. Matter of consideration of bids:
a) Proj. 4164, watermain replacement (11th Ave.N. area)
Mr. Grasser reviewed tabulation of bids and recommended award to the low bidder, Soberaski, Inc. Moved by Beach and Beyer to award the contract to the low bidder, Soberaski, Inc. in the amount of $142,385.25. Motion carried.

15. Appointment of member to FY 1995 Budget Framework Committee
(chairman or his designee).
Moved by Beach and Beyer that the chairman be designated to represent the public service committee on the Budget Framework Committee. Motion carried.

Meeting adjourned.

Alice Fontaine
City Clerk

Dated: 3/15/94.