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Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Tuesday, May 31, 1994 - 7:00 p.m.

Members present: Hagness, Beach, Beyer, Glassheim.

1. Matter of sanitation charge to pick up brush at 508 Park
Drive.
Ken Hallgrimson reported he has complaint, that he was charged exorbitant amount to chew up 6 lilac bushes ($40.00) - placed bushes in alley; charge is $5.00 for first 15-minutes and $1 after that, took 10 minutes short of an hour. Committee asked Mr. Newman to meet with Mr. Hallgrimson and try to resolve, and if not resolved, bring back in 2 weeks.

2. Matter of bid summary for gas chromatograph/mass spec. for
water treatment plant.
Hazel Fetters-Sletten reviewed bid summary for used equipment, and recommended the bid of International Equipment Trading Ltd. for $55,000, equipment is 2 years old, that there is $53,974 remaining in general equipment capital outlay budget, and will transfer $1,026 out of contingencies to Capital Outlay. Moved by Beyer and Beach to accept the bid of International Equipment Trading Ltd in the amount of $55,000, and further that $1,026 be transferred from Contingencies to General Equipment Capital Outlay budget to cover balance of purchase price. Motion carried.

3. Information - matter of Agsco Chemical Plant south of Grand
Forks.
Hazel Fetters Sletten reviewed measures taken after hearing ND State Health Department's concerns re. potential for contamination of drinking water supply by farm chemicals at Agsco Chemical's proposed facility: 1) contacted County Water Resources Board for their comments and concerns; 2) requested copy of plans and specs targeting site spill containment, etc. for review by City and State Department of Health; 3) requested City Water Treatment Plant be kept informed of any revision to plans and be notified immediately in the event of a spill and/or changes in inventory or procedures; 3) that City loses services of the Red Lake River Intake at river gauge level 48, and City may wish to request that Agsco cease any activities that could result in a spill because City could be left without any contingency for water supply.

Mr. Brown, Agsco, stated they have been operating 60 years, never had disaster or problem, wouldn't be feasible to close down. He also stated that they move product north and south, and are located 4 miles from Red River, don't know if feasible to get to the river. Committee questioned if facility is 4 miles away, what is concern. Mr. Hagness stated preventative measures taken on site, tankers going over bridge, some concerns. Doug Herzog of CPS, Ltd. had copy of site plan for committee to look at. It was also noted by the Committee that they have no idea what's going across bridge, and that precautions have been taken; and

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this no greater concern than hauling chlorine into water plant. Mr. Brown stated there is potential disaster every day, they would have contingency plan with both City and County as far as emergency response teams. Mrs. Sletten noted that City has alternate source of water. No action required.

4. Consideration of ordinance to prohibit scavenging of re-
cyclable materials.
Mr. Swanson reported he had drafted proposed ordinances at committee's request: 1) prohibit scavenging from curbside recyclables; and 2) broader ordinance prohibiting scavenging any type of garbage, at landfill and from dumpsters, etc., and is looking for direction from the committee. The committee stated the ordinance would prohibit scavenging of recyclables only. Rachel Gornowicz stated they are concerned about recyclables only. Mr. Swanson also advised committee that penalty clause not exclusive to ordinance change, but because re-numbered section. Moved by Glassheim and seconded by Beyer that we recommend adoption of the recycling ordinance prohibiting scavenging of curbside recyclables, and introduce for first reading. Motion carried.

5. Scheduling of special meeting to consider bids for renovation of public works facility (before June 6 council meeting).
Mark Lambrecht reported they will receive bids this coming Thursday, June 2, and committee scheduled meeting for Monday, June 6, at 6:45 p.m.

6. Request to call for bids for mercury analyzer for wastewater
department.
Mike Shea, chemist, presented request to call for bids - $24,000 budgeted in 1994 budget, and that this will allow them to run 2 elements at one time, and eliminate some overtime. Committee asked what savings would be and that information will be brought in with bids, etc. Mr. Hagness asked for listing of lab equipment for 1995 and prioritizing of that equipment. Hazel reported that lab does more than just water, this request more specifically with wastewater. Moved by Beyer and Glassheim to authorize call for bids. Motion carried. (committee only)

7. Matter of budget amendment for water treatment plant.
Mrs. Sletten reviewed budget amendment - $25,876.00, which is bookkeeping correction - that in 1992 did purchase orders at end of year for anticipated materials/supplies - that never materialized but weren't canceled. She stated they don't anticipate using that money this year. Moved by Glassheim and Beach to introduce the ordinance to amend the 1994 budget. Motion carried.

7.1 Matter of revision of RDO Foods Company industrial waste
permit.

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Carl Johnson, general manager, Joe Foster, tech. services, and Tom Stanislawski, controller, from RDO Foods were present. Mike Shea, city chemist, stated that because of inconsistencies in samplings of industrial wastes (ph levels and BOD's) they need to monitor more frequently - that low ph is acidic and causes deterioration of pumps and equipment (metal eroded). Tom Hanson, WFW, reported they inspected pumps, that metal eaten away and carbon material remaining, that pumps 8 years old (should have life expectancy of 15 years); that they have met with RDO Foods re. replacing of pumps.

The committee asked if they were testing in different places, and Mr. Shea reported they moved sampling point to just outside lift station, that they take number of samples every week and also sample from their treatment plant. Mr. Johnson stated he would like to assure committee that basically 5 weeks run left (July 15), and they will start on $250,000 project and company guarantees that equipment/project more than going to handle problem and they will be in compliance when start up in the fall; that problem being handled and taken very seriously. Mr. Vein reported he had spoken with Paul Horn, RDO Sr. Mgmt., that they are going to be working to get into compliance. He stated City will continue to sample until everything running smoothly and then discontinue daily monitoring; that there has been on-going problem, and they are working toward solution. The committee cautioned that if don't comply with EPA regs., that fines could be levied against City or RDO Foods. Mr. Johnson stated he was not familiar with what that would do to them, but that he needs to talk to personnel and to Mr. Horn about it; and would like more time as to what this means to them. He also stated they are doing everything they can do to get into compliance, hired engineering firm and company to start building equipment. The committee questioned whether City involved in what they are doing; and Mr. Vein reported that City has relied on them to come up with solution, would like to be more involved and work closer with industry; that they are proposing coordinator to do that and will be bringing that to this committee at a later date. The committee also asked what happen when moved from weekly to daily monitoring, and Mr. Shea explained that EPA looks at our files and if we have pattern of inconsistencies, they will question why not step up enforcement; and we will have more information and documentation in our files.

There was some discussion re. use of lime, and Mr. Shea reported that use of lime will cover up ph problem but not BOD problem. Mr. Johnson stated they are looking at penalty schedule, and Mr. Shea reported that schedule has to be something both City and RDO Foods agree on before comes into play. It was also noted that under proposed recommendation RDO Foods can hire City to do testing or hire privately, they have that option.

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Moved by Glassheim and Beach that we amend the industrial waste permit effective June 6, 1994 as follows: 1) increase sampling frequency to daily; and 2) require sampling and analysis be done by a certified laboratory. Motion carried.

8. Change Order #1, Proj. 3832, pre-aeration cells improvements.
Keith Johnson reviewed change order for Proj. 3832, pre-aeration wastewater cells improvements, Moorhead Construction Co., contractor, as follows: 1) deletes portable DO meter, deduct of $2100.00, and 2) attach fittings in the aeration piping system at a cost of $1315.59, for a net deduct of $784.41. Moved by Beach and Glassheim to approve the change order. Motion carried.

9. Project 3821, Richard's West storm sewer:
a) matter of funding.
b) plans and specifications.
c) authorization to call for bids.
Keith Johnson, John O'Leary and Tom Hanson, WFW, were present. Mr. Johnson submitted schedule of proposed funding for the project: CDBG grants - $ 649,538
EDA grant - 417,142
City's share - 63,740
Tapping charge - 179,293
Special assessments - 160,293
Total $1,470,006

He reported that City's share of $63,740 is to fund 75% of cost to business and commercial areas not covered by any grant monies, that tapping charge covers cost for area outside city limits and would definitely benefit. He stated that he talked to Howard Swanson, city attorney, and State Code doesn't allow tapping charge for storm sewer. He noted that there is B-3 area along Highway 2 and industrial area west of 55th Street and up to this committee whether City pick up 75% of cost, otherwise assessed. he noted that Stormwater budget has some monies. Mr. Hagness stated he is not convinced City should pick up part of cost for business and industrial area; that if out of stormwater funds, increase rates. Mr. O'Leary reported there are 2 CDBG grants and EDA grant with different regulations, only rationale City picking up for business, residential areas 100% cost of HUD grant, EDA 75% of High Tech Park, trying to put together by using $1.45 Million, most paid out of federal sources, matter of committee policy. Mr. Grasser noted that there are some monies in grant for bridge on 55th St.; that $63,000+ not budgeted, and expressed concern that 75% for other businesses, which have forcemain, lift station and/or gravity sewer; set precedence, some businesses only benefit from one. Mr. Hagness stated that not everyone qualifies for every project, didn't get funding from the feds, but have to be consistent. Mr. Vein stated this is just proposal MINUTES/PUBLIC SERVICE COMMITTEE
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for consideration, can attach to assessment, and take out City's share completely; that when started project, not aware of federal funds.

Mr. Swanson reported that they will assess everyone same way, once assessment determined, pay off those specials; Commission will go through normal assessment steps. Mr. O'Leary questioned how assessed and how grant monies applied, whether lot by lot, and effect of HUD regulations. Mr. Swanson stated Commission has to calculate on sq.ft. basis, they have to do lot by lot, certify on something less than lot by lot basis.

Mr. Beach questioned whether there was any way to exclude those lots (in B-3 and commercial/industrial area), and Mr. Hanson said they couldn't because those areas benefit. It was also noted that trailer courts qualify as residential properties.

Moved by Beach and Beyer to approve the sources of funding as proposed, with City's share to reflect proportionate share for businesses and industries not covered by grants.

It was noted that the City's share is to equate benefit received by those properties covered by grant - to pay 75% to equate with federal funds for those areas that don't qualify for grant monies. Mr. Glassheim and Mr. Hagness stated that City not obligated to pay any portion of cost for businesses and industries, that originally project to be paid by assessments and City not going to pick up any fees, now City picking up tapping fees which it won't get back. Mr. Vein recommended bonding for those costs but not to take out of Stormwater Utility Fund,

After further discussion Glassheim moved to delete the $63,740 from City's share and put into special assessment cost; Hagness seconded the motion. The motion carried; Beach voted against the motion. The motion, as amended, carried.

It was moved by Beyer and Glassheim to approve plans and specifications. Motion carried.

Mr. O'Leary reported that they have not received award of EDA grant and suggested they award subject to EDA approval of the grant, but thinks they should go forward with project with or without EDA funding and special assess.

It was moved by Glassheim and Beyer to call for bids to be due July 11 and proceed with the project. Motion carried.

10. Project 4015, upgrade of Lift Station #28:
a) final change order
b) final estimate
c) certificate of completion

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Keith Johnson reported that LS #28 is located at 11th Ave.S. and 40th Street, south of Ray Richard's golf course, and reviewed documents for Associated Plumbing & Heating (mechanical contract) and for Robert Gibb & Sons, Inc. (electrical contract), and reported that final estimates total $152.95 for Associated Plbg. and $20,547.90 for Robert Gibb & Sons, Inc.; that change orders are no cost change orders to extend completion date to June 6, 1994. Moved by Glassheim and Beyer to approve. Motion carried.

11. Plans and specifications:
a) Proj. 4194, Johnson's 3rd, paving and yard drainage plan.
Al Grasser, asst. city engineer, reported that work being done privately, plans prepared by CPS, Ltd. that City reviewed and commented, and they are looking for approval for them to call for bids. He reported that they are proposing CPS, Ltd. would stake and develop to elevation for drainage, would write into covenants and when owner grade yards, landscape to those elevations. Moved by Beach and Beyer to approve plans and specifications. Motion carried.

b) Proj. 4146, Dist. #10, ped. bridge over English Coulee.
Mr. Grasser reviewed plans and specification, that they will bid pre-stress with alternate; est. cost $20,000 including sidewalks which would be special assessed; City will fund 75% of the bridge. Moved by Beach and Glassheim 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 June 27, 1994. Motion carried.

c) Proj. 4222, Dist. 528, paving 30th Ave.S. and S. 34th St.
Mr. Grasser reported this is in motel area, street has some barricades on it now. Moved by Glassheim 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 June 27, 1994. Motion carried.

d) Proj. 4171, 32nd Ave.S. paving ext. (auth.tapping area)
Mr. Grasser reported this will extend paving past Truck Plaza, and they have retained CPS to put together plans and specifications, est. construction cost $470,000 plus eng., contingencies, etc. for total est. cost of $541,000, with 20% City share because classified street, with net local cost spread 50% to either side of 32nd Avenue (north side picked up by City in form of tapping charge). There was some discussion re. area south of Columbia Park 23rd Addn. (Lot 2), and whether this should be included in the tapping area for the district. Moved by Glassheim and Beach to include Lot 2, Block 1, Columbia Park 23rd Addition in the tapping area, and to approve plans and specifications, and authorize call for bids. Motion carried.

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12. Matter of san. sewer reroute at old street dept. property.
Mr. Grasser reported this property sold to Acme Electric, who is planning to construct two buildings, and engineering proposing to route sanitary sewer south into berm so wouldn't end up with sewer under any buildings; have negotiated City's cost to max. of $15,000, which is about half cost of the project. Mr. Vein reported they had site analysis done and report was no problem with contamination. Mr. Swanson reported no signatures on any piece of paper for that property. Eng. reported they would like to get done before any building construction, problem going to be timing; and City will do project with bids to be in June 27. Moved by Beyer and Beach to approve plans and specifications and to authorize call for bids. Motion carried.

13. Matter of consideration of bids:
a) Proj. 4190, Riverside Dam 1993 floor repair.
Mr. Grasser reported project funded 90% through outside sources (FEMA), that because of high water levels last year couldn't do project, work is within about 150 ft. of dam, will taper banks back to 4 to 1 slope, however, this wont' control erosion problem. He reviewed bid summary which indicated Robinson Excavating low bidder. Moved by Glassheim and Beach to accept the low bid of Robinson Excavating in the amount of $2,106.00. Motion carried.

b) Proj. 4180, 1994 sanitary sewer rehab.
Mr. Grasser reviewed bid summary, that they bid two projects as follows: 1) Project 4180.01, sewer rehab in various areas of city; and 2) Project 4180.02 sewer line on 3rd Avenue South; and also bid Project 4217, re-line sewer on 3rd Avenue South; that Molstad Excavating low on Project 4180.01, 1994 sanitary sewer rehab, and Insituform Central low on Project 4217. Mr. Swanson, city attorney, advised committee to award contract for Project No. 4180.01, and then do change order to delete work. Moved by Glassheim and Beach to accept the low bid of Molstad Excavating, Inc. in the amount of $79,480.00 for Project No. 4180.01, to approve change order No.1 to delete work on Manhole No. 4, for a deduct of $12,000; and to reject the bid for Project No. 4180.02. Motion carried.

c) Proj. 4217, san. sewer rehab. on 3rd Ave.S.
Moved by Glassheim and Beach that we award contract to Insituform Center, Edina, MN for Project No. 4217, in the amount of $26,586.00. Motion carried.

14. Matter of creating special assessment districts:
a) Proj. 4195, Dist. 99, street lighting Johnson's 3rd
Mr. Grasser reviewed district, that developer is letting purchasers know that lot price doesn't include street lighting or sidewalk, but can't guarantee won't be some who don't know they will have future assessments. Mr. Swanson advised committee to

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stay out of it, that it's between developer and home owner; concern if dictating language, then we are part of the problem, records are available and publications made. Mr. Grasser stated developer is aware and he's making extra effort to make clear. Moved by Beach and Beyer to 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.

b) Proj. 4232, Dist. 100, street lighting Horizon Circle.
c) Proj. 4233, Dist. 101, street lighting Dawn Circle.
d) Proj. 4234, Dist. 102, street lighting Big Sky Circle.
Mr. Grasser reported they had received requests from residents last year for street lighting, est. cost $3,000 for each project. Moved by Beach and seconded by Glassheim that we pass resolutions creating the special assessment districts, approving the engineer's reports, including estimates of cost, assessment district maps, and further that we pass resolutions instructing the city engineer to prepare detailed plans and specifications, and further that we declare our intent to sell bonds. Motion carried.

e) Proj. 4227, Dist. 529, street rehab. on 30th Ave.S. from
S. 20th to S. 25th Street.
Mr. Grasser reviewed project for resurfacing of 30th Ave.S. It was noted that the City is paying 50% of cost of rehabbing street, and committee questioned whether property owners waived that City's share when protested out maintenance of the street, and suggested City's share be same as at time of protest. Mr. Swanson advised committee to amend policy before taking action. Committee asked engineering to bring proposal to next committee meeting. Held in committee.

15. Matter of 1994 and 1995 Highway Users' budget summary.
Mr. Grasser reviewed summary showing 1994 funds available of $2,283,000, less 1994 obligated expenditures of $801,050, and budgeted and projected expenses of $622,000 and $260,500, for a projected 1994 carry-over of $599,450; and 1995 funding as follows: funds available $2,219,450, less 1995 obligated expenditures of $855,800 and less budgeted expenses and projected expenses of $622,000 and $320,000 leaving a projected 1995 carry-over of $421,650. Mr. Vein stated he would like to see less carry-over and do more projects. Information only.

16. Temporary and overtime statement for April, 1994.
The committee reviewed statement, and raised some questions re. Public Transp. overtime. Mr. Vein stated he will have Mr. Ulland come in and explain overtime expenditures. Moved by Beyer and Beach to approve statement. Motion carried. (comm. only)

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17. Bids for sanitation containers.
Dick Newman reviewed summary of container bids. Moved by Glassheim and Beach to accept low bids as follows: Pro Tainer: 2 1-yard containers at $225/ea. for a total of $450; 10 2-yd. containers at $294/ea for a total of $2,440.00; 16 4-yd. containers at $430/ea. for a bid of $6,880; 2 6-yd. containers at $569/ea. for a bid of $1,138; and 12 8-yd. containers at $710/ea. for a total of $8,520; and to accept the bid of National Manufacturing Co. for 2 22-yd. roll-off containers at $2450/ea. for a total bid of $4,990.00. Motion carried; Beyer excused from bidding.

18. Matter of purchase of property for Project 3821.
A request for approval of warranty deed for Lot 16 (105'x190') Block 2, Sun Land West First Resubdivision, for storm sewer and lift Station No. 84, located at northeast corner of N. 55th Street and 6th Avenue North (5474 6th Avenue North), for and in consideration of the sum of $12,000, Eugene Adams, grantor, was presented. Mr. Vein reported that price had been negotiated by the platting and R/W officer. Moved by Glassheim and Beach to approve purchase at a cost of $12,000. Motion carried.

Meeting adjourned.

Alice Fontaine
City Clerk

Dated: June 1, 1994.