Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, March 27, 1995 - 7:00 p.m.

Members present: Hagness, Hamerlik, Klave.

1. Status report on Red River Flood Protection Study by Corps
of Engineers.
Bill Spychalla, project manager, and Ed McNally, technical manager, Corps of Engineers, St. Paul, were present. Mr. Spychalla gave brief overview of the study with Mr. McNally then to get into technical details of the alternatives to be considered. He stated that it was approx. year ago that they signed feasibility cost-sharing agreement that laid out a five-phase feasibility study, that would lead to, if a feasible project agreed to by both City and Corps, to send to Congress for authorization for potential construction. He stated they are now at the end of the first phase. He stated that Mr. McNally was here in January and briefed committee on preliminary findings on some of diversion and channel modification alternatives that had done at that time; that they have now completed screening of all alternatives, including levee alignments to show if there are potential alternatives that have benefit/cost ratio greater than 1 that would allow the federal government to participate in the study and if alternatives that the City feels comfortable with that look acceptable to take to the next step. He stated that Phase II will be a narrowed-down list of alternatives for further study that they believe are worth considering in further detail. He turned presentation over to Mr. McNally to give committee results of the alternatives they have evaluated to this point, and then answer questions of committee.

Mr. McNally distributed copies of narrative version of the briefing, that they have lot of engineering details as part of the alternatives involved in coming up with cost estimates. He stated this is preliminary, conceptual and they recognize there is a need to get public involvement in this process, and it's going to be critical to make adjustments to the plan, that this is an initial screening only. He noted findings resulting from the study screening as follows: 1) channel modification plans downstream and in town, and 2) flood diversion channel plans that would be aligned on the MN or ND sides of the Red River were both evaluated and were not found to be economically feasible; 3) 3 separable levee alternative plans were identified (to provide certifiable protection to approx. 50-year flood) and appear to be economically feasible and be further evaluated in phase 2 of the study in these reaches: a) downtown reach, b) Riverside reach, c) Lincoln/Central Park incl. some of the Belmont area; 4) combination levee plans combining two or more of the three id. separable levee/floodwall reaches were also found to be feasible and worthy of further study; 5) a city-wide system flood levee plan that could protect City from a 100-year flood were formulated and found to be economically feasible and recommended for further study; and that they recommend proceeding into phase 2 of the study for the separable reaches and city-wide

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 2

levee/floodwall alternatives that have been initially shown to be economically justified.

There was considerable discussion re. the various alternatives. Ken Vein reported they had reviewed the report this afternoon with Mr. Spychalla and Mr. McNally. He stated that the first three separate reaches, have 50-year protection with 3 ft. of freeboard; that the alt. looking at on city-wide basis has 100-year protection with 3 ft. of freeboard requirement and that would be only one that would take the entire city out of the 100-year flood plain today, but are working on what they can do to lower the 3 ft. freeboard requirement (trying to get to 2 ft.); the 50-ft. protection on the other alternatives will give 100-year protection but not with the 3 ft. freeboard requirement that need to get out of the 100-year floodplain, (somewhere in neighborhood of 2 ft. of freeboard). It was noted that after floods of 1993 Corps Washington rethinking its policy to provide less than 100-year flood protection (esp. critical facilities - water treatment plants, etc.)

There was discussion whether Corps would fund project that doesn't have cost ratio benefit of at least one, and the answer was no because of climate of dollars; discussion re. effect downstream from levees, raising level of river, etc. Mr. McNally stated that would have to be looked at, lot of variables, also across river.

The committee raised question of whether Corps funds projects on 90-10% basis. Mr. Spychalla stated they are still operating under cost sharing policies of the 1986 Act, which will require the non-federal sponsor to provide at least 25% of the cost of the project, and could possibly get as high as 50%; but the requirement on the non-federal is that you pay at least 5% in cash, and provide all of the land, relocations, any road and utility work so when tally costs, if total cost is greater than 20%, than 20% plus 5% cash is what your share is; looking at at least 25% of the cost.

Mr. McNally stated that this plan would basically take that whole part of the city outside of the 100-year floodplain, they will be looking at amount of freeboard really need, prelim. est. 3 ft. at this time but possible it could go down. He stated that the English Coulee diversion does effectively accomplish removal of land to the south and west from the floodplain, and that would be looked at in next phase.

Mr. Lambrecht noted that it is concept that the first two phases of the study are to be funded on city-wide basis through infrastructure fund until know where feasible alternatives may fall out; that this is five-phase study, with first two phases are primarily planning. He stated that if get into the 3rd, 4th

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 3

and 5th phases, will be only because feasible neighborhood projects so then would look at special assessments to neighborhoods that project would benefit, and resident pays special assessment in lieu of flood insurance.

It was also noted that property owners made aware of where floodplain lines are when permits taken out.

After considerable discussion Hamerlik and Klave moved acceptance of the study to date and authorization to proceed with Phase II. Motion carried; Hagness voted no and stated he had concerns about end cost.

It was noted City's cost $250,000 for Phase II which will be completed end of August; and City's costs for Phase I and Phase II, $500,000. It was noted that City can stop study at any time. Mr. Spychalla also stated that if at end of phase 2 if none of the alternatives come up with cost/benefit ratio of greater than 1, then no federal interest. A rep. of the Corps will be at the council meeting on Monday.

2. Proposed ordinance relating to wastewater disposal.
Mike Shea, water treatment plant, presented proposed ordinance and reviewed changes: 1) establishing concentration limits for discharge of toxic pollutants (incl. arsenic, cadmium, chromium, copper, lead, mercury, etc.) to the wastewater collection system; 2) providing that any industrial user permitted to discharge pollutants of greater than domestic strength wastewater to the wastewater collection system shall provide at its own expense such preliminary treatment as may be necessary to reduce any one or all of the permitted constituents to the limits indicated in its permit or other applicable regulation, prior to discharge to the public sewer system; 3) establishing mass loading capacity of wastewater treatment system for conventional pollutants allocable to industrial wastewater as follows: 5-day BOD 10,500 lbs./day and total suspended solids 57,000 lbs/day; 4) allocating loadings to individual industrial users by permit issued by the City, that allocation will be based on City's available treatment capacity and industry need, wastewater contribution, history of operation and other criteria to control adverse impact upon the City's treatment system; and 5) to change penalty rate to excess strength charges.

A rep. of RDO Foods was present and stated they have some concerns; that if want to expand would have to find way to treat waste better to discharge same amounts. Mr. Hagness suggested that reps. of the City and RDO Foods sit down and find out what direction RDO going, and effects of this ordinance.

Mr. Shea reported that changes are required by EPA and outlined process for hearings, comments, etc. of proposed changes: EPA
MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 4

will public notice all changes and provide a 30-day comment period, that EPA will respond to all comments, and upon EPA approval of any changes, the council will hold second reading for adoption of the ordinance changes.

Moved by Klave and Hamerlik to approve proposed ordinance, and to introduce for first reading. Motion carried.

3. Matter of local preference in bidding process.
Held until city attorney present.

4. Request from ND Dept. of Transportation for change in con-
tractor payment process for Project No. 3945, U.S. Hwy. 2
Beautification.
Ken Vein, city engineer, reported that Dave Broxmeier, project manager, had received letter from Tim Horner outlining change in payment process and copy of supplemental agreement. He stated that the City will transmit contractor bills to the NDDOT, they will make payment to the contractor and submit bill to the City for its share (20% of participating costs), and that this would be of benefit to City.

Moved by Klave and Hamerlik to authorize entering into agreement with North Dakota Department of Transportation providing for the payment process for Project No. 3945 (State Project No. HDP 9243(001). Motion carried.

5. Matter of Project 3821, Richard's West storm sewer/pumping
station:
a) Change Order No. 1
Tom Hanson, WFW, reviewed change order in the amount of $48,208. The committee asked Mr. Vein to investigate funding and bring back to committee. Held in committee.

b) Request to close N. 55th Street.
Mr. Hanson presented letter from Molstad Contracting requested closure of North 55th Street to through traffic from south of Rydell Truck Center to University Avenue during construction of Project No. 3821, Richard's West storm sewer and lift station #84, because of safety concerns, etc. The committee asked if there was any financial benefit to the City by doing this. Klave moved for denial of request; motiondied for lack of second. Mr. Vein suggested holding and bring info. back to committee; also dates of closure. Held in committee.

6. Plans and specifications, and call for bids:
a) Pilot test of filter belt press equipment at water recla-
mation plant.
Mark Lambrecht, asst. dir. of public works, reported equipment (vacuum filters) approx. 20 years old, that there are changes in technology and would like to bid filter belt press

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 5

equipment on two-week trial basis (mobile unit which is used on emergency basis) to determine whether to implement full scale project to bring up to current technology. He reported there is $25,000 budgeted for testing of equipment (may do for half). Committee questioned whether vendor(s) would do on trial basis at no cost so City could try their equipment. Mr. Lambrecht stated that equipment quite similar (vendor to vendor). Mr. Vein noted that if someone wants to do, can bid zero cost. It was also noted that vendor would provide person to operate equipment; that million dollar project year or so away in CIP. He noted that sludge taken to landfill for drying and used for landfill cover. Charlie Vein, A & E, stated that quality of water affects quality of sludge, test would determine if equipment does what want it to do. Mr. Lambrecht stated they have prepared plans and specs. and bid package. Moved by Klave and Hamerlik to approve plans and specifications and to call for bids. Motion carried. (comm. only)

b) Re-roofing of water reclamation plant, Proj. 4328.
Mr. Lambrecht reported that roof approx. 20 years old and has been leaking, no insulation; and have prepared plans and specs. to repair, 4" insulation, EDPM roof, $45,000 budgeted. Moved by Hamerlik and Klave to approve plans and specs. and call for bids. Motion carried. (comm. only)

10. Matter of requests to install utilities in City R/W:
a) Columbia Park 15th Addn.
Al Grasser, asst. city engineer, reported they had received request from Greenberg that sanitary sewer, storm sewer and watermain to serve Columbia Park 15th Addition be installed privately; with City to provide inspection based on current hourly wage rates paid by the City. Moved by Klave and Hamerlik to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and authorize City to enter into a three-way agreement with the developer and engineer. Motion carried.

b) DeMers 8th Addition
Mr. Grasser reported having received communication for private installation of utilities in DeMers 8th Addition, which is located north of DeMers, west of Columbia Road. Doug Herzog stated they are asking for private installation of utilities, filing of plat, and three-way agreement; they will work out engineering details with City Eng. Dept. and concern re. water, location of existing line and storm sewer. Moved by Hamerlik and Klave to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize City to enter into a three-way agreement with the developer and engineer. Motion carried.

c) Sunland West 2nd Resubdivision

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 6

1) Dan Schmaltz, developer, was present.
Mr. Grasser reported that they are asking that they be allowed to install utilities in City right of way on west half of 7th Ave.N. between N. 51st and N. 55th Street, to be funded privately and privately engineered, and would have same comments as on other requests. Moved by Hamerlik and Klave to authorize private installation of utilities in City right of way, contingent upon filing of the plat, and to authorize City to enter into a three-way agreement with the developer and engineer. Motion carried.

2) Request to install utilities (sanitary sewer and watermain) in City R/W and construct paving on 6th Avenue North between North 51st and N. 55th Street, and that improvements be 100% special assessed. It was noted that Mr. Schmaltz, Sun Land West, L.L.C., in his request stated that they estimate that cost of improvements for the west half of 7th Ave.N. will be in excess of $200,000 and are requesting that these payments in full also be accepted as its share of the 50% upfront costs for the improvement to be construction on 6th Ave.N. It was noted that the ordinance requires 50% upfront monies to recoup City's costs in case of default. After considerable discussion it was moved by Klave and Hamerlik to approve request for improvements, that improvements on 7th Avenue North be accepted in lieu of upfront monies, and refer to the city engineering department. Motion carried.

d) Perkins 2nd Addition
Jerry Pribula, Pribula Engineering, reported they are working for private developer who is proposing strip mall on Lot 3, that he is purchasing the land from the Perkins Land Co. and presented request for installation of utilities and paving on South 31st Street to the south line of Lot 3, and that would be done this summer. He stated street would be assessed half to the east side which property is owned by the Perkins Land Co. and will share cost of all utilities (utilities assessed to property to both sides), and developer would have to request to waive upfront monies or provide upfront monies. He stated that developer is working with Montgomery Ward and it's in lease agreement that all utilities be paid 100% upfront. Mr. Grasser stated that he thought it was covered, that in the letter it states that ReKard Development plans to utilize private funds to install all Phase I required public streets and underground utilities.

Moved by Klave and Hamerlik to authorize to install utilities within City rights of way and authorize City to enter into three-way agreement with the developer and the engineer, contingent upon filing of the plat. Motion carried.

8. Matter of construction period services on Proj. 4045, Water
Treatment Plant Improvements:
a) partnering

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 7

Mark Lambrecht reported that bid opening is about week and half away, and that looking ahead to construction phase, they see some potential problems with three different prime contractors working in the plant, and attempting to keep the plant operating and producing water during construction period.

Charlie Vein, Advanced Engineering, stated they are going to have 3 prime contracts, general, electrical and mechanical, that all have contract directly with the City but don't have any direct contractual arrangements between themselves. He stated they also have situation where City along with the assistance of the electrical engineer on the project, AMA, will be doing programming, and there are several major sub-contracts involved with controls and gas feed equipment; and trying to look at way to make the project go smoother, to minimize conflicts and resolve disputes, to work things out ahead of time. He stated this basically involves cost for a facilitator (outside consultant) to come in and work through partnering process, and require all prime contractors, major subcontractors, City, engineer and any council people who might want to sit in on the process to sit down and work through potential problems ahead of time, and create smooth running project, reduce potential of litigation. He stated he thought this would be beneficial to the City. He stated this is separate contract with the City and Hartnett (two day upfront seminar, City provide room, etc. and two follow-up meetings), total cost approx. $10,000. He stated he has some concerns, three prime contracts, and no one in charge.

Mr. Lambrecht stated they will be holding pre-bid conference tomorrow, and if can tell contractors tentatively how project going to be managed day-to-day, whether partnering project or project manager. He also stated that right now specs. call for the mechanical contractor who does majority of work, to be the construction manager/coordinator, but little uncomfortable with that. It was noted that this is $4Million contract. He stated that after bids received would recommend award of construction contracts, and recommendation for partnering, etc.

Moved by Hamerlik and Klave that we recommend that we endorse and approve of the expenditure for partnering up to $10,000. Motion carried. (committee only)

b) construction management
Charlie Vein stated that construction coordination (scheduling coordinator) is through their firm, that based on the last project, the City has felt more comfortable having them do it. He stressed they are not going to be a construction manager but a schedule coordinator to get schedules put together to see that everything going to work together. He reported this would be an amendment to their contract to provide that service on an

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 8

hourly basis, and would do at a later date, but would like committee to approve that concept of using scheduling coordinator. He noted that responsibility placed on mechanical contractor in specs., and would have to put dollars into bid to do this work. Mr. Lambrecht stated that they would change those specs. if different concept approved tonight; and should select contract manager. Ken Vein stated he was not sure it legal to assign the obligation to one contractor. It was consensus of committee to approve concept. Information only.

11. Requests for special assessment projects:
a) Columbia park 15th Addition paving.
Mr. Grasser reported they had received request from Steve Adams, Greenberg, that the City create a special assessment district and complete the paving of 24th Ave.S., 26th Ave.S., 28th Ave.S., South 35th, 36th and 37th Streets to serve Columbia Park 15th Addition. He noted that underground utilities installed privately. Moved by Klave and Hamerlik to authorize engineering department to proceed to create a special assessment district. Motion carried.

b) Mighty Acres storm sewer and paving.
Mr. Grasser stated they are looking for same authorization on this request by Tim Crary. Moved by Klave and Hamerlik to authorize engineering department to proceed to create a special assessment district. Motion carried.

7. Bids for used lime slaking system at water plant.
Mr. Lambrecht reported they did bid package, received bid from Vessco for used equipment, that chief operator at water plant went and looked at equipment and it is in excellent condition. Moved by Klave and Hamerlik to accept bid of Vessco in the amount of $6,500.00, plus freight (est. at $500.00). Motion carried. (committee only)

9. Matter of engineering agreement for Proj. 4306, siting and
development of new landfill.
Held for 2 weeks.

12. Matter of sanitary sewer easement.
Mr. Grasser presented the request from Forx Rent All for easement for private sanitary sewer to serve Rent-all and Mini-Stor (10 ft. on each side of the lot line common to Lots 1 and 2, Block 1, Flaat-Mikkelson Addition) located north of 40th Avenue South between the former north/south service road and South 11th Street for and in consideration of the sum of $1.00, City of Grand Forks, grantor. Mr. Grasser noted that the City and the Park District own Lots 1 and 2, and they need easement from City to cross, they are also requesting easement from the Park District. Moved by Hamerlik and Klave that the easement be granted and that we authorize proper City officials to sign said

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 9

easement. Motion carried.

13. Consideration of construction bids:
a) Proj. 4237, Dist. 234, watermain on S. 34th St.
Mr. Grasser distributed tabulation of bids for watermain on S. 34th Street from Duke Drive to Baron Blvd. indicating that Duckstad Contracting was low bidder. Moved by Hamerlik and Klave that we accept the low bid of Duckstad Contracting, Inc. in the amount of $64,461.60. Motion carried.

b) Proj. 4214, Dist. 232, watermain on 11th Ave.S./40th St.
Mr. Grasser reviewed tabulation of bids for watermain indicating that Duckstad Contracting was low bidder. Moved by Hamerlik and Klave that we accept the low bid of Duckstad Contracting, Inc. in the amount of $99,275.00. Motion carried.

c) Proj. 4215, Dist. 349, storm sewer on 11th Ave.S/40th St.
Mr. Grasser reviewed tabulation of bids received indicating that Schipper Construction, Fargo, was low bidder. It was noted there is 2% difference between low and second low bids (Duckstad Contracting second low). Committee questioned whether it would be beneficial to the City if Projects 4214 and 4215 were combined and awarded to one contractor so installation could be coordinated. Mr. Grasser noted that these projects not bid as combined bid because of difference in assessment districts and are in City R/W on opposite sides of the street, projects have different completion dates (one project completed before other starts).

Moved by Hamerlik and Klave to accept the low bid of Schipper Construction, Fargo, in the amount of $67,531.00. Motion carried.

14. Plans and specifications for projects:
Mr. Grasser reported that they need to revise assessment district for Project No. 4291, District 357 - to expand district to include entire Patio Homes properties because under their covenants/bylaws assessments are required to be spread to entire complex equally, and there was some discussion re. including Lot 1, Woodland Estates within the district. It was noted that the engineer's report does not have to be amended. Moved by Klave and seconded by Hamerlik that the assessment district as adopted on March 20, 1995 be expanded to include all of Sunbeam 3rd Addition (which includes the Belmont Patio Homes complex), all of Block 6, Sun Beam Addition, and all of Woodland Estates Addition. Motion carried.

a) Proj. 4291, Dist. 357, storm sewer on 47th Ave.S., Chest- nut St. and Mighty Acres.
Mr. Grasser reviewed plans and specifications with the committee. Moved by Klave and Hamerlik that we pass a resolution

MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 10

approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the project. Motion carried.

b) Proj. 4336, traffic signal painting
Mr. Grasser reported this is continuation of project started last year, that they bid project on a unit-price basis and do as much as can afford to do, they have approx. $5,000. Mr. Vein asked for authorization to go up to $10,000, which could be handled by committee. Moved by Hamerlik and Klave to approve plans and specs. and authorize call for bids, and further that funding be approved in an amount not to exceed $10,000. Motion carried. (committee only)

15. Creating special assessment districts for street lighting:
Mr. Grasser reviewed projects with the committee; that some projects will involve expenditure of City funds. He also noted that street lighting projects can be protested by the property owners; that as soon as paving in they can go in and install lighting.

a) Proj. 4308, Dist. 103, Mighty Acres
Mr. Grasser reported that Mr. Crary aware and has requested lighting. Moved by Klave and Hamerlik that we 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 these improvements. Motion carried.

b) Proj. 4309, Dist. 204, 11th Ave.S. (30th to 38th St.)
Mr. Grasser reported that City policy is to pay 25% on classified collector street. Moved by Hamerlik and Klave to approve (same motion as above). Motion carried.

c) Proj. 4311, Dist. 106, S. 36th St. (22nd to 24th Ave.S.)
Moved by Hamerlik and Klave to approve (same motion as under (a). Motion carried.

d) Proj. 4329, Dist. 107, N. 36th St. (Gateway to pasta plant)
Mr. Grasser reported this is classified (collector) street and have had request to provide lighting. Moved by Klave and Hamerlik to approve (same motion as under (a). Motion carried.

e) Proj. 4323, Dist. 108, N. 47th St. (6th to 12th Ave.N.)
Mr. Grasser reported this is by public works facility and there is a City share on this project. Moved by Klave and Hamerlik to approve (same motion as under (a). Motion carried.


MINUTES/PUBLIC SERVICE COMMITTEE
March 27, 1995 - Page 11

f) Proj. 4343, Dist. 109, S. 34th and 30th Ave.S.
Mr. Grasser reported there is City share on work on S. 34th St.; 30th Ave.S. local type street. Moved by Hamerlik and Klave to approve (same motion as under (a). Motion carried.

16. Matter of 1995 projects and tentative schedules - Info. only.
Al Grasser reviewed revised listing of 1995 construction projects in which City involved; some projects done in-house, some by consultants, DOT and some done privately. He also reported that some projects already bid, and some have tentative dates. Info. only.

Meeting adjourned at 10:15 p.m.

Alice Fontaine
City Clerk

Dated: 3/28/95.