Committee Minutes

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

Members present: Hagness, Beyer, Hamerlik, Klave.

1. Petition by Forx Rent All for abandonment of alley adj. to
3900 South Washington Street.
Bill Schoenfelder, 1003 South Washington Street, Forx Rent All, stated he had secured option on the land and submitted plan to Planning & Zoning and in their review they recommended that petitioning for abandonment of that alley and the City owns one of the lots abutting the alley. He stated alley is located between 38th and 40th Avenue South, City owns Lot F and in submitting their plan felt in the best interest for all to abandon that alley, no utilities in alley, with other property owners Mikkelson, Park District and themselves and they have agreed. He stated that alley serves very little purpose, will probably never be paved nor maintained. He also noted that utilities (sewer and water) will run on outside of S. 11th and 38th Ave.South.

There was some discussion relative to utilities to serve this property, and Mr. Schoenfelder stated they were aware of sanitary sewer and watermain concerns that have to be addressed; and that area will have to participate in a sanitary sewer special assessment that will route the sewage south to 47th Ave.S.

It was noted that Mikkelson developed land, and built private sanitary sewer. Mr. Hagness asked whether it was legal for public sewer to dump into private sewer, and Mr. Swanson advised if there was agreement or easements to do so. Mr. Grasser noted that property developed by Mikkelson, sewer possibly owned by Condo Assn. Mr. Schoenfelder stated he had talked to Dan Mikkelson, and Mr. Mikkelson stated he won't sell land which can't be served by sewer. Mr. Grasser also noted that in talking to Ray LeClerc, City will probably retain easement in the alley.

Moved by Beyer and Hamerlik that the City join in the petition to vacate the rear service road R/W, contingent upon property owner being able to connect into private sanitary sewer and contingent upon providing alternate private sanitary sewer route to serve the properties on the south side of 38th Ave.S. Motion carried.

2. Matter of airport water situation request.
Bob Selig, executive director of Airport, and Tim Bergstrom, GFK Flight Support, were present. Mr. Selig presented plan to provide adequate fire flow for the new FBO building eliminating requirement for the building to have a sprinkler system as follows: 1) construct a new 12" high pressure water main for fire hydrants only located south of the FBO building under construction; 2) add two new fire hydrants on the new line and connect the existing fire hydrant adjacent to the building to the new main; 3) design the new high pressure main so that it can be easily expanded to accommodate new developments; and 4) issue a

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temporary Occupancy Certificate, effective February 1, 1995, permitting GFK Flight Support to occupy their new building without a sprinkler system until water main construction is completed in the summer of 1995; at approx. cost of $32,000 to be shared equally by the City and the Airport Authority, with the Authority to coordinate all the work and to invoice the City at the end of the project.

Mr. Selig stated issue is they do not have enough water flow for fire suppression, and because of that situation the City requiring building owner to install sprinkler system that he doesn't need. Mr. Selig stated to avoid that what they are proposing to do is - that there is enough flow in the existing 12" high pressure watermain that ties in with the one out at the Highway - there's enough water flow there, the issue again is that along this line there is a pressure reducing valve that reduces it down to an 8" and even with water department changing meters, there is still too much of a restriction to require the proper water flow; and what they are proposing to do is pull a 12" high pressure watermain off the main line, run it to the ramp and install fire hydrants and run an 8" high pressure main to existing fire hydrant, that will give 3 hydrants in the immediate vicinity of the new FBO building and their engineer says that will be more than enough water flow to meet the City's and fire department's needs and that will take care of the Bergstrom situation, can do it in the spring, building won't be ready until February 1 or so instead of 18-month variance or waiver asking for 3-month waiver to get this built, and with this solution as they need to can extend that watermain to the south to accommodate other areas as the airport continues to develop and connect up with high pressure line that serves Federal Express, so new part of the airport shouldn't have any future problems.
Chief Aulich stated he was not familiar with the plan, haven't discussed and would be interested in Mr. Selig's engineering report.

Mr. Selig stated they are recommending looking at splitting cost of $32,000 with the City.

Chairman Hagness stated concern that City asked to pay 50%, and County is 50-50 partner and not being asked to contribute. Mr. Selig stated they might say that in the transfer agreement the City agreed to provide water services and so it's a City responsibility. Mr. Hagness stated that the City can't continue to provide 50% of the costs for utilities, etc. for the airport: and Mr. Selig stated they are only talking about those needs that the City agreed to provide in the transfer agreement, which are sewer and water. He stated that in 1991 the City council and the Airport Authority worked out an amendment to handle the sewer system and they don't see any difference in sewer system and water system. Mr. Swanson stated that the transfer agreement

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which was drafted by the Airport counsel is ambiguous as to what that means when it says that the City shall provide sewer and water service, it may mean nothing more than that we will provide the service but not the infrastructure; that's why the 1991 agreement was separately adopted between the City and the Airport Authority to clarify that ambiguity - only with respect to the sewer, not with respect to the water. Mr. Hagness stated that No. 6 of the transfer agreement states that the City provide the Mark Andrews GF International Airport water and sewer services in their present form. Mr. Selig stated that was debated in 1991 and result was we ended up with an amendment to the transfer agreement that effectively clarified that whole issue of who owns the sewer, and that they didn't know there were these kinds of problems with the water, and the issue with the water is a pre-existing condition, as was the sewer; and don't see how you can have separate agreements for wastewater and for water, etc. He stated that there are other who want to develop on the airport; that they haven't talked about tax exemption, tax increment bonds, etc. they are developing area of the city and asking that city stay with intent of the transfer agreement. There was some discussion re. assessment, formula for assessing, tapping fees, etc. and Mr. Swanson stated there was method to assess utilities there. Mr. Hagness stated they have growing pains at airport, have greater needs than when took over airport; and not a pre-existing condition that there's a faulty line. Mr. Selig also stated they have 4 mills - limited by statute; that if City doesn't want to fund it, say so and they will find best way to fund, but guarantee but if can't afford to do it, it's going to limit the development, and all of the development brings tax dollars into the community and helps run the city; hasn't been to the County. Mr. Bergstrom stated they would rather contribute to water system than sprinkler system.

After further discussion Mr. Selig stated their Board says this is not Airport responsibility; trying to get State funds freed up for some of these things.

Mr. Grasser stated work not projected to be done until spring, lot of questions about whole situation, and need study to say what needs to be addressed and if short falls during transfer agreement; that study would take about month or so.

Mr. Swanson stated that what they've said by doing this meets flows, they don't need to go back to the Board of Appeals for anything, Board of Appeals doesn't have to act in any capacity; that committee doesn't have to take any action on a temporary certificate of occupancy.

There was some discussion re. tapping fees, and Mr. Selig stated that he didn't know if Airport Authority could legally assess tenants, and Mr. Swanson stated they won't special assess, will

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be establishing a fee. Mr. Hagness stated that if Mr. Bergstrom gets a temporary certificate, they have some time to work out other issues. Mr. Bergstrom asked if he is going to get a temporary certificate of occupancy; Mr. Vein stated that if fire department agrees they will be able to do that; that this is viable solution if fire department agrees.

Moved by Beyer and Klave to approve plan that meets with Chief Aulich's approval, with cost to be assessed to Airport Authority.
Don Olson, attorney for Airport Authority, asked if it would be possible to grant a temporary certificate of occupancy, to go ahead and accomplish what Mr. Bergstrom wants, do the study, and put $32,000 cost into the big picture so know what impact is on Airport Authority before the council or committee goes on record to special assess the Airport Authority; thinks County and City should participate and Airport Authority as a partnership venture in the development of the airport.

Howard Swanson stated that this body needs to decide what are you going to allow Mr. Bergstrom to do or not do to put up the building and that by Code requires him to have adequate fire flow, if this plan will provide adequate fire flow, you don't need to take any action but to approve the proposed engineering plan, the issue of financing not tied to an exemption under the Code; and advised that it was pre-mature to act on assessment; that motion should be to approve engineering plan, subject to approval by the fire department.

Moved by Beyer and Klave to amend motion to approve engineering plan, subject to approval by the fire department. Motion carried. The motion, as amended, carried.

There was some discussion relative to a study to see what needs are, and Mr. Vein stated it would cost $6-10,000 for a study, and asked who's going to do and pay. Mr. Selig agreed that a study needs to be done. Mr. Vein stated that next week he will be meeting with Base officials to negotiate for waterline, and need to incorporate into study - that new Air Base line and Airport study go hand in hand; and will bring back at a later date.

3. Matter of 50-year water quantity and needs study.
Steve Burian, A & E, stated that City had contracted with their firm for study, draft report submitted to Mr. Vein in August of 1994, and because there are several ideas on how the City wants to move ahead with that report, it remains in draft form. He reported that in completing the study, they have found some concerns: 1) verification of the purpose of permit #4354
(for storage of water behind the Riverside dam); 2) who has control of releases from Baldhill Dam; 3) ability of releases from Baldhill Dam to reach Grand Forks; 4) distribution of water

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behind Baldhill Dam under low-pool conditions; 5) who controls the releases from the Red Lake; 6) appropriation of water from Red Lake under low-pool conditions; 7) water demand beyond 50-year planning period. He stated he was here to answer questions and that Mr. Vein had asked their assistance in pursuing some of the items and that they would like to do that as an extension of their contract on an hourly basis. Mr. Vein stated that it's in the City's best interest to have these questions answered and supported view that City look at.

Mr. Vein stated he has been working with Garrison Collaborative process and in that process looking at a $150,000 study of the Red River Valley water needs, about quantity and quality. He stated they will be working with all major cities to get their surface water out of the Red River from Fargo north, and need to discuss Garrison MR & I program, how that has been changed and affects our ability to get funding, and also the future - Red River Valley MR & I program should that take place as part of the study. There are a lot of issues that could affect us; if the outcome is a pipeline to Grand Forks, it's going to be $300-400 Million, if only working on water quality, talking substantially less - $20 Million; but in any case talking about major programs potential for the City of Grand Forks; and going to try to get cooperative agreement among all cities. He stated he would like to use Mr. Burian's expertise in helping to get our view across to this collaborative process as we continue, and talking about $4000-5,000, and normally would have ability to do in department, but because Steve works for Advanced Engineering of which his brother is a partner in that firm.

Moved by Klave and Hamerlik to approve extension of the agreement, in an amount not to exceed $5,000. Motion carried.

4. Matter of bids for U.S. Hwy. 2 beautification project.
Hugh Veit, KBM, submitted letter stated they had only received one bid in excessive amount, $1,699,503.68 from Construction Engineers, Ltd. and their recommendation is to reject and rebid the project; bid climate not very competitive. He reported they are in the process of evaluation what can do, dividing into separate prime contracts, to reduce cost between sub and prime contractors, looking at redesign of fence, prioritizing and possibly reduce scope of the project. Mr. Vein stated he concurs with Mr. Veit's recommendation.

Moved by Beyer and Klave to reject the bid. Motion carried.

5. Matter of amendment to engineering services agreement for
Project 3832, wastewater pre-aeration, re. fire damage.
Mr. Veit, and Keith Johnson, asst. city engineer, reviewed amendment to engineering contract for additional services relating to evaluation and administration of work required

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because of fire occurrence at City's blower building, wastewater pre-aeration. He reported insurance companies investigating, don't know total extent of damage. Mr. Veit stated they will monitor and document work. Mr. Swanson reported he had met with Mr. Johnson re. this matter and his suggestion to do this way; monitor, and try to identify additional engineering costs incurred so recoup that. Moved by Beyer and Klave to approve the amendment to the contract. Motion carried.

6. Consideration of bids for:
a) front-end loader for sanitation department.
Dick Newman, solid waste mgr., presented recommendation to exercise our option with Butler Machinery to purchase the existing 980 loader for $90,000 and use as trade-in on new machine, to equip and warrant the 980 with Flexair fan, which saves about an hour per day of operator time to clean the radiator which can amount to over $15,000 over five years. He also reported that landfill equipment works harder than other equipment; and with the expansion of the landfill and to enhance servicing of customers. He also reported they have $277,279 in budget and will need additional funds of $8,077 which will be transferred from the Landfill Rehab. budget, and the city auditor has concurred in the transfer. Moved by Klave and Hamerlik to accept the bid of Butler Machinery in the amount of $282,649.00, approve buy-out of existing 980 Cat from in the amount of $90,000, less trade-in of the 980 Cat in the amount of $95,000 and to accept Option 2 for Flexair fan in the amount of $7,707.00, for a total bid of $285,356.00. Motion carried.

b) box and hoist for truck, sanitation department.
Dick Newman reported they had opened bids today, truck to be used at landfill and need to beef up frame, $10,000 budget. Moved by Beyer and Hamerlik to accept the bid of Bert's Truck Equipment in the amount of $8,775.00. Motion carried. (committee only)

7. Request for authorization to publish advertisement for bids:
a) 1995 chemical bids for water treatment plant.
Mark Lambrecht reported this is standard bidding and after first of the year will award bids; approx. $600,000. He stated they have tightened up specs. on lime. Moved by Hamerlik and Klave to authorize call for bids. Motion carried. (comm. only)

8. Review of proposed "1995 trash manual". (Info. only)
Christy Stonecipher, Recycling Coordinator, reported this is third year putting out manual, that they have added more information, and are going to be requesting quotes for bids; may change name from trash manual. Info. only. Moved by Hamerlik
and Beyer to receive and file. Motion carried. (committee only)

9. Matter of encroachment on Lot 22, Columbia Park 20th Addn.

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Steve Adams requested encroachment agreement to put garage in easement, and explained situation; that when plat went through P & Z was approved with 10 ft. easement across the back; however, plat was filed with easement changed to 20 ft. He stated they sold lot, and they are taking lot back and are replatting and found problem. He stated that if they replat P & Z wants 20 ft. easement and that creates the problem; and asking for 4 ft. for this lot. Mr. Swanson recommended approving agreement for the entire parcel as platted now, allowing them to go into easement area. There was some discussion by committee approving encroachment on other lots, and those property owners informed before taking any action. Moved by Hamerlik and Klave to authorize City to enter into encroachment and hold harmless agreements for these properties. Motion carried.

10. Matter of partial release of sanitary sewer easement for Lot
1, Block 1, Mighty Acres Subdivision.
Al Grasser reported that Mr. Crary is asking for release of that easement; that the City has a 30 ft. sanitary sewer easement along south side of 47th Avenue South, which was obtained several years ago, and that sanitary sewer at this location didn't go in, and doesn't appear to need to go in and City doesn't have need to maintain for san. sewer purposes; that easement makes development of that lot almost impossible and they are asking for release of 20 ft. of that easement to make lot buildable, the other 10 ft. of the easement would be retained as 10 ft. utility easement dedicated to the public.

Moved by Beyer and Klave to authorize release of 20 ft. of the 30 ft. sanitary sewer easement to the City and to dedicate the
remaining 10 ft. as a public utility easement. Motion carried.

11. Matter of setting license fees.
Mr. Swanson reported that various committees are looking at fees that fall within purview of their committees and are being asked to determine if there are any of those fees that should be eliminated, and finance committee will be setting based upon recommended fees. He reported he reviewed and questioned license for bill poster; some fees will be amended by ordinance and some by resolution. He asked committee to identify any fees that should be eliminated, and send any recommendation to the finance committee; the 1995 budgeted based on these fees being adopted.

Moved by Klave and Beyer to recommend deletion of bill poster license, and approval of setting license fees (including permit
fees for buildings, driveways, sidewalks, moving permits, water and sewer permits, etc.) Motion carried.

12. Proposed C.O. for Proj. 3832, wastewater pre-aeration.
Keith Johnson presented proposed change order from Moorhead Construction for removing blowers, loading; don't have fixed

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fees. Mr. Veit reported they will pay labor additives, overhead and profit, force account change order. Mr. Swanson stated City will foot the bill up-front and end up recovering fees; that there's going to be a fight as to who is responsible, but need to get pumps back in operation, and he suggested they negotiate with contractor. Moved by Beyer and Klave to authorize force account with Moorhead Construction for purposes of removing, freighting and reinstalling of blowers and motors. Motion carried.

Meeting adjourned.

Alice Fontaine
City Clerk

Dated: 11/15/94.