Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, June 12, 1995 - 7:00 p.m.

Members present: Beyer, Hamerlik, Klave.

1. Request to place direction signs for auction prior to sale.
Doug Merfeld, Curt Johnson Auction Co., presented request to place signs on berm couple hours before sale. The committee suggested that he obtain permission from property owner and place signs inside sidewalk line, and that no permit, etc. would be required; however, Mr. Merfeld stated they would rather place on the berm. Mr. Swanson advised that all signs prohibited in public R/W; that Planning and Zoning has jurisdiction and any amendment would have to come out of Planning and Zoning.

Moved by Hamerlik and Klave to refer to the Planning and Zoning Commission.

After further discussion Hamerlik called for the question; and the motion carried.

2. Matter of sidewalks on River Oaks Circle.
Ernie Mangino, 4714 River Oaks Circle, presented request for permanent variance to the ordinance, that sidewalk doesn't go anywhere and that this doesn't affect anyone except the 9 property owners in the cul-de-sac and they are all in agreement. He asked why, as property owners, they don't have anything to say on this, creates no problems, and don't need sidewalk. Joan Mangino and Tara Merrill, 4718 River Oaks Circle, also stated their opposition to installation of sidewalks.

It was noted that these properties received two-year delay in 1992; and that property owner notified when permit taken out that sidewalks required.

There was some discussion re. ordinance requirements - sidewalks required on all streets except on cul-de-sacs 300 ft. or less; and is a safety issue - for safety of walking public in all locations. It was noted that property ownership changes, etc.

Moved by Hamerlik and Klave to re-affirm original decision - to grant delay in sidewalk installation on all lots in River Oaks Circle until September 1, and if sidewalks not installed by the property owner, City will install. Motion carried.

3. Petitions for underpass crossings proposed on S. Wash. St.
Becky Holtan, 1912 23rd Avenue South, stated that she had petitions to present on behalf of Viking PTO and several other PTO's, stating that "We, the undersigned citizens of the city of Grand Forks, ND support the inclusion of multiple underpass/ overpass pedestrian crossings in the final project plans for South Washington Street reconstruction."; that they have 2,084 signatures on the petitions and would like to present them to this body. She questioned where they were in the process and if

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date set for public hearing. Mr. Vein reported that July 19 has been set as time of the hearing, which will be held in the council chambers from 4:00 to 7:30 p.m. and suggested that petitions be presented to the council. He also noted that original estimate given by DOT was around $100,000, now esti- mating close to $215,000 per crossing.

It was noted that the original motion by the committee to council was moved by Hamerlik and Beyer to endorse and recommend three underpasses on South Washington Street. Committee directed that their original motion be sent back to council.

Moved by Hamerlik and Klave to accept the petitions containing 2084 signatures as presented, and ask that petitioners formally present their petitions to the council at their next meeting. Motion carried.

4. Request by property owners for review of proposed watermain on S. Washington Street.
Council Member Johnson and Greg Norman, Gregory J. Norman Funeral Chapel, 2950 S. Washington St., and Mary Larson, Mgr., Area Schools Credit Union, 2800 S. Washington St., were present. Mr. Johnson stated that this project had been delayed year or so ago and property owners asking whether there is actual need for the line because of communication from fire department and also amount of assessment based on size of the new looped waterline, and whether that line only to serve their area or to serve larger area. Mr. Vein stated line is needed to maintain pressures, could get by without but how effect ability to distribute water on city-wide basis. It was noted that estimates for properties $20,000 per lot, that City owns cemetery and going to put out considerable funds for this line; that with expansion to the south going to have to extend further to continue the looping system. He stated this project has not proposed yet for design, but will come up later this year; and that property owners only pay for 8" line, and oversize picked up by City.

Mr. Norman stated he was upset about this, questioned need for the line, that he has 320' frontage and est. cost of line $24,000; would increase taxes by 30%. He stated problem is the cost to him and other property owners.

The committee stated that they gave variance two years ago; and Mr. Vein stated they would wait and install line late this fall so property owners wouldn't have to pay assessment until 1997. He also stated that they need to have line in before recon-struction of S. Washington Street. Mr. Vein stated that they would sit down with Greg and review the project (boundaries and cost), etc.

Ms. Larson, Area Schools Credit Union, stated they have never

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received anything in writing re. project costs, going to be prohibitive.

Moved by Hamerlik and Klave to table until have more adequate information, including estimated cost to the property owners, and other variations that come up. Motion carried. (comm. only)

5. Proposed ordinance re. adoption of Uniform Mechanical Code,
1994 Edition, by reference.
Tim Manz, mechanical inspector, stated he had reviewed changes with Mr. Klave, no problems with exception of one; that Mechanical Board wanted to require that all kitchen range hoods be ducted to the outside, that under present Code can allow a recirculating charcoal filter in kitchen hoods or ducted to the outside, Mechanical Board felt that with way new houses constructed, they recommended that all hoods be vented to the outside. Mr. Klave stated that they would be totally eliminating the use of charcoal range hoods, that there are certain circumstances in apartments and townhouses where that is only usable way of putting hood in is to use charcoal element range hood in residential use. Mr. Manz stated this requirement would apply only to all new detached single family residential housing. Mr. Klave stated that City has right to make variances in Code, but the State is not going to change 504.2 but stay the way it is written, and that he is not in favor of the deletion. Mr. Beach stated that City has been looking at affordable housing, that this restriction would be one more impediment contractors would have to work around.

Moved by Klave and Beyer to amend the ordinance as introduced to delete subsection 504.2 relating to kitchen range hoods. Motion carried; Hamerlik abstained from voting.

6. Request to call for bids:
a) trucks, compactors and containers for sanitation dept.
Dick Newman and Mark Lambrecht reviewed memo re. switching from rear-loads to front-loads for trash compactors which will be a one-man operation however cost is about $40,000 more per truck than current rear-load trucks and a different style container will need to be purchased at about $75,000 per route, with increase in cost of initiation to $230,000. He stated there will be savings to the City over three year period of $259,000 in wages and benefits and in container purchase. Mr. Lambrecht noted that this is annual replacement of garbage trucks, procure two trucks each year. Mr. Hamerlik asked if there would be loss of employees; Mr. Newman stated that with expansion of city, would not be loss of jobs. Mr.Lambrecht also reported they will be using point system in review of bids. Moved by Hamerlik and Klave to approve request to call for bids. Motion carried.


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b) newspaper recycling services
Mr. Lambrecht reported that recycling service referring to is the large containers at 6 supermarkets and 2 at UND; that about 4 years ago entered into agreement with Vern's Refuse Service to service those containers, to collect and process and market the recyclables, and have continued agreement with Vern's on an informal basis at fair price to both City and Vern's; however, in past short while they have met with reps. of Vern's and conceptualizing what they might do to improve recycling and save money in the future, and one thing that stood out was newspaper recycling service. He stated that newspapers are now in demand in the market and newspapers paying for themselves, that Vern's agreed and suggested that is one place where City can save money; and that they are proposing to rebid the newspaper recycling services; that the City paying about $16,000/yr.; that last year collected 350 tons so our cost about $40/ton; that Vern's very interested in continuing to bid and provide the service for us, and there are couple other vendors interested in providing the service, and we may be able to reduce our costs to where proceeds covers the cost of collection. He stated they are looking for authorization from committee to publish request for bids for this service.

Mike Gornowicz stated they would like to continue service at no cost to the City using City's containers; that lot of newspapers come from rural residents and containers placed on privately owned property, and would like to leave as is. Mr. Lambrecht stated that service by Vern's has been very good and Vern's made informal offer to service at no cost but not within their latitude to enter into that agreement but do have other vendors who might be interested, and can see bid varying all way from someone offering City money for papers to continue on same basis as now, and would like to write proposal on two alternatives: one on identical service receiving currently, and another for marketing and processing only, with City doing collection. Mr. Gornowicz stated they would be willing to continue at no cost to City, and would be willing to build fence around containers at their own cost. It was noted that service bid in 1990 for unspecified time; Mr. Swanson stated policy is to bid for specified time period. Mr.Lambrecht stated that change in prices is not something that occurred overnight but over time period, and goal is to bring down total cost of recycling. Committee questioned starting time of agreement if rebid, and Mr. Newman suggested possibly January 1. Mr. Klave questioned why department going to one-man garbage trucks and now take over another service. Mr. Newman stated that would be looked at very closely to see if could do with forces have at less cost than bid.

Moved by Hamerlik and Klave to explore possibility of bidding out for next fiscal year - January and continue with current

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arrangement with notification of acceptance of bid no later than September 1. Motion carried. (committee only)

7. Consideration of solid waste surcharge to fund District IV
Solid Waste Board activities.
Linda Kingery, District IV Board, was present. Mr. Lambrecht reported that council introduced ordinance to perpetuate solid waste surcharge that the State was dropping August 1, with second reading of the ordinance next Monday. He reported that this becomes very complicated ordinance, collects small amounts of money from many entities, and difficult to administer in relation to revenue coming in versus amount of time in administering.
He stated that they have explored other options than surcharge, but one alternative would be to take funding that they are going to provide to the District Solid Waste Board and include as a line item in the annual budget along with all other programs that will appear in budget and factor in with charges for income need to carry out program and factor into a tipping fee increase at the landfill so uniform tipping fee increase that applies to everyone who does business at the landfill and not administered as separate surcharge. He also reported that Linda Kingery has indicated that the District Board does have funding to carry it through the end of this calendar year, and that any change made in our fee structure would occur around the first of year and be reflective of everything that appears in our 1996 budget - so that they would make only one adjustment to fee charges effective January 1.

Ms. Kingery reported that the Board met and passed motion to request the City of Grand Forks to add a line item to the City's solid waste fund budget to support the District in the amount of $98,000 per year ($30,000 staff expense, $5,000 legal budget, $30,000 for recycling program development and $33,000 to support the development of the next landfill with the expectation that the fee at that facility is the same for every ton of waste). She noted that $98,000 is the amount that Dist. IV paid into state fund per year and so looked at holding that constant and that is guideline for the budget.

Mr. Swanson advised that if the ordinance is passed as introduced, that funding will go into the Enterprise fund and it will be unappropriated revenue, that the minutes state that surcharge was a 20-cent surcharge, but is an escalating surcharge depending upon the rates; that ordinance needs to be amended from what has been proposed, and then find mechanism to fund the 1995 expenses of the Board, amend budget, and then enter into some type of joint powers agreement with the District, and questioned why this not considered line item expense in budget and rolled into rate structure. He also advised that committee and District need to know that this money is not guaranteed fund for the District, only occur if appropriated by full council.

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There was some discussion re. $33,000 for development of Grand Forks landfill rather than next landfill and Ms. Kingery stated it was understood that they were talking about landfill that City is developing in the motion. Mr. Swanson stated that City allocating total dollars, and unless enter into specific agreement, City doesn't have ability to determine how they expend money; that they are asking for line item allocation from the City to the District and District utilizes its discretion in expenditure of funds. Mr. Lambrecht explained that next year they are tentatively budgeting $260,000 toward development of a new landfill and looks at the $33,000 as defraying part of that cost, doesn't visualize that money changing hands; that District visualizing that $98,000 collected in the past by the surcharge and they would like to see that same amount collected, that of that amount $65,000 is needed to take care of the activity of the Board and they are saying that they would like other $33,000 to go toward the development of the landfill and help to keep tipping charges low. He stated he was in agreement with the motion and not the amendment. Mr. Beach, member of District IV Board, stated that Board wouldn't be offended if they deleted the $33,000. Mr. Newman stated that Board not too concerned about the $33,000 but looking for recognition that they are contributing something to the development of the landfill.

Mr. Swanson stated that in reading information submitted it appears that City funding entire administrative expense for the District and wouldn't it make more sense for the City to place additional personnel on its payroll and do the same function for the City, duplicating efforts by City and the District. Mr. Newman stated this doesn't take into consideration many hours of volunteer time from other counties and cities. He also questioned $5,000 for legal fees.

Committee questioned what happens when City sites new landfill, does District continue to bring refuse to City's landfill, or whether still talk of Authority. Mr. Beach stated they want to bring their refuse to City's landfill, and that they want some input, want to know what's going on with how rules formulated, they don't want to run or control it. Committee then questioned why City allocating money; and Mr. Newman stated funding is for transition, and that as part of agreement with smaller communities is that they show efforts in recycling areas, and that lot of that money allocated is in recycling for smaller communities, it's our way of giving something back to help them get started so that they can meet City's requirements. Ms. Kingery stated that the District Board will not exist beyond August 1 of 1997 (unless another stay granted by Legislature). Mr. Beach stated that there's no question but that people on the Board want Grand Forks to be mover and shaker, and are in agreement on Board that landfill should be located as close to Grand Forks as possible because they see this as the center of

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population. He stated that the District would like little bit of input on operating of landfill, and even if Dist. Board dissolved there probably would be some other similar body as Users Advisory Board.

Mr. Lambrecht recommended that the ordinance be defeated on second reading, and that the sanitation department be directed to include in their 1996 budget as a budget expense line item the appropriate degree of support for the District IV Board activities, effective January 1, 1996, and then incorporated into any tipping fee changes, that they are talking about $1.00/ton but want to incorporate into rest of program. Mr. Newman stated that the 20-cent surcharge will be gone from everyone's bill on July 1 with new charge on January 1. There was some discussion re. leaving 20-cent surcharge on billing; Mr. Swanson stated they can do that but funding goes to the City. Mr. Vein stated that there may be rate change on January 1 because reviewing audit and looking at costs for both residential and commercial pickup plus recyclables.

Moved by Klave and Hamerlik to defeat ordinance on second reading. Motion carried.

Moved by Klave and Hamerlik to include as line item in the 1996 sanitation department budget the amount of $65,000 for support of the activities of the District IV Solid Waste Board and to adjust rate amount for tipping fees appropriately, effective January 1, 1996. Motion carried.

9. Matter of Proj. 3832, improvements at pre-aeration cells:
a) certificates of substantial completion for contractors.
Hugh Veit, KBM, Inc., reported this is certificate for Samson Electric, contractor, and established date of substantial completion whereby the warranty period will start and also indicating when he should get fully documented, and includes punch list items that need to be completed prior to final payment. This does not include anything re. fire claims. He stated there is two-year warranty on equipment and date established is when system became operational. Moved by Hamerlik and Klave to approve. Motion carried.

14. Matter of southend drainage study.
Reps. of CPS, Ltd. were present (Gary Sanders, Brad ---, Doug Herzog and Al Petrich). Mr. Sanders reviewed report submitted to committee members dated June 12, 1995, and reported that about year ago they started on alignment study and basic design, that alignment hasn't changed as far as recommendation; that the basic design did change in working with city engineering department, that original design was 25-year storm and at Belmont Road a 17' drainway depth wise; that they looked at existing coulees and most of the existing systems are functioning at a 13' depth from

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existing or normal ground levels, so reviewed and ended up with 10-year storm design, but with section that can actually hold and pond a 100-year storm without inundating any properties that would be affected value-wise. He reviewed maps for 10-year storm, 25-year storm and 50-year storm events and possible locations of closed conduit system.

He stated that there would be drainage basins placed throughout that would drain into the gravity pipe every 300 to 600 ft. to take any water out. It's possibility that if permit requirements become where have to get stormwater permit to discharge and may have to swale back to hold water for the two-year storm. He stated that one way to keep water relatively clean is to have natural grasses (which take silt out of the discharges).

He reviewed proposed design and estimated costs; that if they do drainway system to encompass area that services that developmental area, about $8.2 Million, but doesn't take into account that still going to have gravity conduit systems that go into the drainway. He stated that starting at Belmont Road at 13 ft. and end up at 12 ft. at I-29 because of the natural drain of the land, and that's why location so critical to keeping it as much E/W or NE as possible.

Doug Herzog reported that they had met with all major land owners (Sisters of St. Francis; Bert Johnson, Nor-Agra; Mr. Curran not available; Heitmann's, All Seasons; and Park District.

Mr. Grasser reported that reason for this whole project is that with Mighty Acres, have essentially tapped all of the underground storm sewer available in that area; in order to resolve without putting in some sort of ditch, would be to put in series of pumping stations and pump to the River but that gets very expensive. Mr. Sanders stated that if city grows south, have to do this.

Mr. Grasser stated this was presented to the committee for their information but will have another public hearing on the project for public input and then incorporate comments back to committee and council for approval; would like to start engineering design and start acquiring necessary easements and rights of way; and suggested holding open house from 6:30 to 7:00 and than public hearing at 7:00 p.m.; digest for couple weeks and then bring back to committee for final approval. Mr. Vein reported that they have budgeted for engineering and right of way acquisition this year, and in CIP for 1996 put in $2 Million to start construction of Phase I (to Washington St.) Committee questioned if have to go through condemnation how long that would take, and Mr. Swanson advised that City would have quick take for storm sewer.

Hamerlik excused.

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Moved by Klave and Beyer to set public hearing for June 26, 1995. Motion carried.

12. Matter of construction engineering agreement for Projs. 4250
and 3947, 1995 T.E. bikepath projects.
Doug Herzog and Al Petrich, CPS, Ltd. reported this project for two bikepaths to be built this summer; that agreement in standard format, not to exceed $39,000. Moved by Klave and Beyer to approve the agreement and to authorize proper City officials to enter into the agreement in an amount not to exceed $39,377.94. Motion carried.

17. Plans and specifications:
b) Proj. 4373, stormsewer on 30th Ave.S. and Columbia Park 15th
Mr. Herzog reported this is Menard's site, extending sewer to S. 38th Street and north into drainway in Columbia Park 15th. Moved by Klave and Beyer to approve plans and specifications. Motion carried.

10. Various easements.
Mr. Grasser reported that Ray LeClerc received petition from property owners asking that the E/W alley right of way of Lots l-8 and Lots 21-27, Block 15, McKelvey's Addn. (E/W alley lying between Cottonwood and Cherry Street and between 9th and 10th Aves. S.) be vacated, however, was dedicated alley right of way, property was deeded by property owner to City; they want property back. Mr. Swanson reported that if we hold fee title to the property, we would have to declare as surplus and put up for bid and receive whatever bids you might have; if no bids received, could negotiate. (5-10' strip x 175') Held in committee for further information.

11. Request to close sidewalk on 1st Ave.N. between N. 3rd and
4th Streets.
Mr. Grasser reported that Skinner Roofing has to do some work on building at 24 N. 4th Street and hoist materials up and over sidewalk - 3-day closure. Moved by Klave and Beyer to approve. Motion carried. (comm. only)

Mr. Grasser asked committee if it was possible to grant these requests without bring to committee and/or council. Mr. Swanson advised that committee can delegate authority. Committee asked Mr. Swanson to review and bring back.

13. Matter of tapping fees:
a) Project No. 4169,san.sewer along 32nd Ave.S.
b) Project No. 4170, watermain along 32nd Ave.S.
c) Project No. 4171 and 4126, paving along 32nd Ave.S. (42nd
to 48th)
Mr. Grasser reported he needed some input from committee;

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that their recommendation is that they do depreciate these facilities - 30 year depreciation on paving; 50 year depreciation on underground pipe, and with zero depreciation for first 5 years. Mr. Swanson that this has property owner paying for use or benefit getting out of the project; however, City has carrying cost, so City absorbing some of the cost, could assume interest rate to off-set depreciation. Committee directed staff to do depreciation and interest. Information only.

15. Matter of creating special assessment districts:
a) Proj. 4383, Dist. 365, san.sewer to serve lots north of 13th Ave.N. and east of N. 42nd St.
Mr. Grasser reported that this is property where have Klinkhammer/Sampson dispute; that if they can't reach agreement City will install sewer. He reported that City will provide sewer and assess back to the property owners. He reported that City's intention was that this was main to serve these property, and that City allowed them to use best location for installation of private sewer, and will probably negotiate to purchase private line or condemn it and those costs will go into the special assessment district. Mr. Swanson stated that City got into bind when agreed to sell these lots and didn't document it well enough as far as intent on sanitary sewer line, and in order to honor sales agreement have to provide sanitary sewer and that may require us to acquire that line. He stated that he hoped the parties realize that this is cost they could avoid if reach agreement. Moved by Klave and Beyer 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. 4374, Dist. 364, storm sewer in Medvue Estates 6th Subdiv.
Mr. Grasser reported that this area north of 17th Avenue South and west of Columbia Road; and that City owns several lots in this area and in order to make marketable need to have storm sewer installed. Moved by Klave and Beyer that we adopt a resolution creating the assessment district (as above). Motion carried.

16. Matter of various change orders:
a) C.O. #5, Proj. 4002.1, Gateway Dr., Phase III
Mr. Grasser reviewed change order, various items to finish off project, work has been done, +$4,010.12 and -1,053.00, City's share 20% about net $600.00. Moved by Klave and Beyer to approve the change order. Motion carried.

b) C.O. #9, Proj. 4126, 32nd Ave.S., west of I-29

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Mr. Grasser reported there was some erosion problems with culverts and this is for riprap to stabilize; $3,219.00. Moved by Klave and Beyer to approve. Motion carried.

c) C.O. #2, Proj. 4109, Bridge Repl. on S. 42nd St. (incl. item #8 on agenda)
Mr. Grasser reported this is to put some permanent barricades for safety concerns; cost $973.00, with City's share about 20%. Moved by Klave and Beyer to approve. Motion carried.

d) C.O. #1, Proj. 4044, 6th Ave.N. reconstruction
e) C.O. #2, Proj. 4044, 6th Ave.N. reconstruction
f) C.O. #3, Proj. 4044, 6th Ave.N. reconstruction
g) C.O. #4, Proj. 4044, 6th Ave.N. reconstruction
Mr. Grasser reviewed change orders d) deleted common excavation and substituted new common excavation bid item for lesser sub-grade preparation, City's saving about $2,000; e) added manholes and deleted some, net $3200 savings to the City; f) adjust grades, with additional cost to City of $1800; and g) underground work, eliminating forcemain and watermain crossings,
decrease of $90,890.00 local savings. Moved by Klave and Beyer to approve change orders.

17. Plans and specifications:
a) Proj. 4367, parking lot expansion at Sr. Center.
Mr. Grasser reported they have come up with funding of $25,000 through Community Development; lot of landscaping that going to be expanded into, require removal of some large trees; Sr. Center okay with this. Moved by Klave and Beyer to approve plans and specifications and to authorize call for bids. Motion carried.

c) Proj. 4196, sample bldg. on lagoon discharge.
Mr. Grasser reported this is brick building with concrete roof to house flow meter on discharge line to lagoon, and est. cost at about $11,000; is budgeted. Moved by Klave and Beyer to approve plans and specifications, and authorize call for bids. Motion carried.

d) Proj. 4341, Dist. 535, paving Columbia Park 15th
Mr. Grasser reported this paving streets in area north of Menard's. Moved by Klave and Beyer 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. Motion carried.

18. Consideration of bids:
a) Proj. 4321, Dist 361, storm sewer on 30th Ave.S.
Mr. Grasser reported this area is west of Menard's and have to get done before can pave area and reviewed tabulation of bids received. Moved by Klave and Beyer to accept the low bid of

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Molstad Excavating, Inc. in the amount of $76,095.00. Motion carried.

19. Matter of proposed amendment to Sec. 15-0116.1 of the Code.
Pulled from agenda.

Meeting adjourned at 10:45 p.m.

Alice Fontaine
City Clerk

Dated: 6/14/95.