Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, November 13, 1995 - 7:00 p.m.

Members present: Hagness, Hamerlik, Klave.

1. Matter of substandard building at 524 Fenton Avenue.
Council Member Hanson stated this has been on-going for number of years, property owned by individual (Oliver Deschene) who doesn't occupy residence, comes back periodically to maintain; neighbors had problem (Laddie Novak, Jr. and Jim Corbett). There have been rats there, long grass, ladders against building, etc., accumulation of many problems; however, there has been some improvement, but question is whether building is meeting Code and read sections of substandard building code which could apply; that there's no water service, etc., roof in rough shape, ladder propped against building; and if someone living there, this place unsanitary.

Jim Corbett reported that the chimney blew off, racoons on property (eliminated); owner does only what he has to do, lawn not mowed, can't walk between two houses, doors blown open, roof sagging, would like fixed up so safe. He noted the garage is used for storage.

Bev Collings, code enf. officer, reported they have been working on it for over year, in good shape now; asked owner to do and he would do; building sealed since Sept., only entrance is with key, submitted copies of inspection reports, no water service, no electrical service but no one living there; wouldn't consider substandard. She stated there are no visible holes, house can be repaired to make livable.

Mr. Swanson advised that there is nothing this body or inspections can do under the Code, may not be best neighbor or appealing to the neighbors, but don't have ability to do anything. He stated they have to find that property more than 50% deteriorated before determining substandard.

Mrs. Collings reported that racoons found there two years ago; lot of things picked up on that lot; he is cutting grass, etc.

Mr. Hanson stated that this is probably more for the record, the above dwelling should not be lived in until corrections are made. Mr. Swanson stated they have no ability to impose mandate; and stated that they have to determine structural integrity, difficult for a City to condemn property; City has no authority to act.

Moved by Hamerlik and Klave to receive and file. Motion carried.
The committee suggested that Inspections monitor the property.

2. Applications for moving permits:
a) to move dwelling from 2309 2nd Ave.N. to 1606 Dyke Ave.
Bev Collings, Code Enf. Officer, reported that this was

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University property, and put up for bid; application by Bob Wedin had been filed, and that the following repairs would be required to bring building into compliance: new roof, new foundation and footing, exterior painting, egress windows in basement, and other misc. repairs. Moved by Hamerlik and Klave to approve the application subject to the public hearing. Motion carried.

b) to move dwelling from 2301 2nd Ave.N. to 1123 1st Ave.N.
Ms. Collings reported that application by Steve Kalenze had been filed, that the following repairs would be required to bring building into compliance: new roof sheathing shingles, new front entry and basement stairs, new foundation and footing, exterior painting, egress windows in basement, new water heating, and other misc. repairs. Moved by Klave and Hamerlik to approve the application subject to the public hearing. Motion carried.

3. Matter of issuing of permits for roofing.
Member Klave reported he had received call from supplier who had concern whether or not permits issued for re-roofing projects; that permits are required; issue is that when it comes time to pay bills, the homeowner has paid contractor who is not paying supplier and suppliers going back to homeowners (calls coming from elderly residents). He stated that they are trying to find out if contractor in dispute is even licensed to be performing this work. He stated that there is general lack of understanding on part of property owner as to law which states it is their responsibility to obtain permit, yet if have qualified contractor, they obtain permit. He stated this will be addressed at upcoming meeting with contractors. He stated that permit contains line for contractor's names and Inspections should verify if contractor qualified/licensed to be performing that work. Member Klave stated that it's easier to keep track of those individuals who are required to have separate city license; but general contractors are not. Ms. Collings stated they are developing list. It was noted that there is a $5,000 bond required to be filed by building contractors and Mr. Klave asked whether home owner has recourse to come back to City and attach to his bond. Mr. Swanson stated that procedure in handling those claims is that when he receives claim, he notifies Inspection Department and notifies contractor advising that claim has been made, hearing would be held by this committee or council, if council determines it is proper basis for claim, that doesn't necessarily mean that the bonding company will pay, but if bond where we are actually holding cash, that's end of the issue; however, most file certificate. Mr. Klave suggested that even if home owner takes out permit unless specifically state they are doing work themselves, should be required to name contractor and license number, etc. Ms. Collings stated they are getting more into that, and is matter of getting home owners educated, and are going to have to secure bonds.
Moved by Klave and Hamerlik to receive and file. Motion carried.

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4. Matter of policy and procedures on contractor's claims.
Al Grasser, asst. city engineer, reported this is informational item. The committee reviewed policy. Mr. Grasser stated most claims resolved in steps 1 through 4 of the procedure, Mr. Vein commented that under step #5, no oral statements made, everything explained in writing, and if written document doesn't support claim, no need to proceed under step 6, which is (optional) meeting between contractor, engineer and chairperson of committee. He stated they are working in behalf of the City, and this is clarification of procedures for committee on how they handle claims.

Moved by Hamerlik and Klave to approve with change of #6 into #5, pending concurrence by Member Beyer (who was absent). Motion carried. (committee only)

5. Request to call for bids for sidewalk snow removal.
Moved by Klave and Hamerlik to authorize call for bids. Motion carried. (committee only)

6. Change Order No. 1, Proj. 3945, Hwy. 2 Beautification.
Hugh Veit, KBM, Inc., reported that the change order encompasses number of things, that landscaping only portion of the project. Moved by Hamerlik and Klave to hold for 2 weeks for further discussion as Member Beyer, who was chair of the beautification committee, was not present. Motion carried.

7. Request to select engineer for Proj. 4435, raw water intake
upgrade.
Chuck Grotte, assistant director of public works, presented
request for authorization to proceed with the selection of an engineering firm to perform design and construction inspection for the raw water intake upgrade at three locations along the river (one on Red Lake River and two on the Red River), this project will upgrade controls and motors within these facilities, and also along the intake some piping work and re-do manholes so that intake can be used during floods; they are requesting that we hire an engineering firm for the project, est. project cost $800,000 which is included in the 1996 budget and CIP. He stated their recommendation is to hire Advanced Engineering to do this project as they did preliminary study in 1993 and other work with water facility and did the intake design for one of the intakes; requesting negotiation with Advanced Engineering, start process now so can get bid early in the year.

Moved by Klave and Hamerlik that the project design and subsequent construction inspection be negotiated with Advanced Engineering & Environmental Services. Motion carried.

8. Matter of encroachment agreement for sanitary sewer at Block 1, Lot B, Gransberg Second Resubdivision.

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Mr. Grasser reviewed location of sanitary sewer easement along Slumberland site, however, when they had site survey done found that sanitary sewer runs diagonal through easement and extends outside the easement (City encroaching on their property), they had some concerns in exchanging land sale, and copy of letter from Mr. Swanson to their attorney re. entering into an encroachment agreement had been included in packet. He stated they are looking for approval of the agreement. Moved by Klave and Hamerlik to approve the encroachment agreement and to authorize proper City officials to enter into the agreement. Motion carried.

9. Matter of change orders:
a) Proj. 4044, C.O. #6, 6th Ave.N.
b) Proj. 4044, C.O. #2, 6th Ave.N. (Columbia Rd. portion)
Tom Hanson, WFW, reviewed change orders with the committee; a) $6,745.14, to remove debris from coulee inlet, replacement of some of the main watermain, replacement of curb and gutter, shape berm from Princeton to Coulee, signage, pavement marking, etc. and b) $704.00, tightening of anchor bolts on light and signal standards to new NDDOT specs. and to extend completion date to June 15, 1996. He noted there are liquidated damages on the project. Moved by Hamerlik and Klave to approve the change orders. Motion carried.

c) Proj. 3947, C.O. #2, Bikepath from DeMers to 17th Ave.S.
d) Proj. 4250, C.O. #2, Bikepath from 29th St. to 32nd Ave.S.
Al Petrick, CPS, reviewed change orders: c) $2,308.80 for borrow brought in to replace soft material, and d) $2,554.50, for borrow. Moved by Klave and Hamerlik to approve the change orders. Motion carried.

10. Matter of selection for architectural services.
Mr. Grasser reported they wanted to make the committee aware that they will be requesting RFP for architectural services to evaluate water treatment plant as bricks deteriorating (grout), concern that more than just cosmetic, had architect look at and they verified that there's some structural things that need to be addressed, don't know cost, repairs, but trying to hire architect to evaluate, and planning to request proposals and make selection for architectural services to do that work. He stated there is $50,000 in this year's budget and $100,000 budget in 1996 for repair work there. He stated that original building not insulated, but subsequently that building did get insulated and that's causing some moisture problems. Info. only.

11. Matter of budget amendment (1994 watermain replacement funds)
Al Grasser reviewed budget amendment in the amount of $67,528.00 for watermain replacement work on 6th Ave. N. (replaced those under concrete pavement so wouldn't have to come back and do those in near future and those mains would be paid

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through those funds, work completed, and this carries left-over funds from 1994 into 1995. Moved by Hamerlik and Klave to approve the budget amendment. Motion carried.

12. Matter of funding for EERC.
Hamerlik moved that it is the intent to participate in the Water Management Red River Drainage Basin Consortium with the EERC estimated at this time, but not to exceed $10,000, to be paid for out of Economic Development. Hagness seconded motion.

Mr. Vein reported that EERC is working with AgVise and they have federal grant money from the Agriculture Dept., working with industry and have four industries that will contribute $10,000 each and are trying to get a number of municipalities in the Red River Basin to put in as match so can increase their federal funding and basically study water management, trying to become clearing house where gather information and become sole source location; this is first of possibly 2 or 3 years they are going to want this kind of contribution, but City committing to only one year at this time. If it works out and is to our advantage, would want to go multiple years; that with this contribution, will have one person on the Board of Directors who will be over-seeing how grant monies spent; overall trying to get a Red River Basin water management plan.

Motion carried.

13. Matter of street maintenance.
Chairman Hagness reported that engineering staff wants to consider further with street department staff how to handle street cleaning on holidays, etc. Committee stated suggestions they had were not to pay overtime if they could reschedule staff (stagger shifts, etc.) Hamerlik stated he thought there were two issues - 1) staggering work force, 2) emergency situation; but very difficult for street department, they had 3 trucks out this past weekend. Mr. Vein stated that budgets not excessively large so have lot of money, but his philosophy is that deal with things as they come up, and if run out of money will come back to committee for emergency funds. He stated they need to schedule so have crews available in emergency situations. It was noted there are approx. 170 miles of streets in the city.

14. Matter of settlement of damage claim re. fire at lagoon.
Mr. Swanson reported that little over a year ago they had a fire at the lagoon in building at aeration ponds, had damage to equipment, tools, supplies and determined that cause of fire was that Nodak Rural Electric had failed to shut down power when asked and electrician from Moorhead Electric cut into a cable causing a spark which started the fire. He stated that based on information from Wastewater and Engineering Departments, the City incurred costs or damages of slightly over $15,000, they have

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negotiated settlement with insurer for Nodak Rural Electric, that they are offering to pay City 100% of the claim; and he needs authorization to accept the settlement. Moved by Klave and Hamerlik to authorize city attorney to accept the settlement in the amount of $15,216.77. Motion carried.

Meeting adjourned at 8:50 p.m.

Alice Fontaine, City Clerk
Dated: 11/14/95.