Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, July 29, 1996 - 7:00 p.m.

Members present: Hagness, Beyer, Hafner, Klave.

1. Matter of Proj. 4349, bikepath along Red River from Plum
Avenue to Lincoln Drive.
Mark Lambrecht of CPS, Ltd., consulting engineers retained by City to design and work with contractor in building bikeway along the Lincoln Drive dike, made brief presentation. He stated this was a project identified and worked through bikeway plan that the City developed through a process that lasted several months, that project had been before committee several times: concept report, public hearing. when plans and specifications were approved, and when contracts were let to Nodak Contracting to construct the project. He stated that majority of the project was built behind the Lincoln Park levee, viewed map on overhead projector indicating City-owned property acquired at time Lincoln Park dike was built. He stated that the bikeway project was conceived as part of the working plan of the Bikeway Comm. and one leg of a project that would link bikeways along whole corridor of the river; grant funds were applied for and received. He reported that the controversy before the committee began couple weeks ago when contractor arrived on site to begin work with several pieces of earth-moving equipment; that residents had number of concerns and questions and talked with engineering staff in the field; they asked for meeting on project site to discuss their concerns, that he and Al Petrick, CPS, and Mark Walker, project engineer for the City met with the residents; and Mr. Walker on behalf of the City asked the contractor to stop work until residents concerns could be addressed. He reported that residents met and gave list of their concerns to the City they tried to address those concerns at their meeting. He stated that the major concern was the issue of perceived loss of the integrity of the dike, that the bikeway runs along the river between the dike and the river, but at its northerly end has to ascend the dike and come back down to street level, and in order to do that, it was proposed that the bikeway ascend the dike with a notch into the dike combined with fill on the outside of the dike and that made a ledge ascending one side of the dike and then went along the dike and came back down; that the residents objection was cutting into the dike and perceiving that it was taking away from the levee itself. He reported that the design had been reviewed by the Corps of Engrs. and they had approved of the design; that since objections from the residents they have worked with the Corps and have come up with alternate design, which is a concept that rather than cutting into the levee and building the ramp partially in the levee and partially on the fill using a retaining wall, is not to cut into the levee but simply add a ramp in the form of earth fill on the outside of the levee up one side and bikeway would traverse for a distance on top of the levee and then back to the street side; and this alternative design was presented at last week's meeting. He stated there were a number of concerns on the list which go beyond the flood

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control issue, ie., safety concerns for children, etc.

Mr. Lambrecht stated they could proceed with original design, or alternate design, or stop project; and presented quotations from the contractor for the alternate design, $16,000: $4,300 for change in design (from retaining wall to borrow fill material costs almost same but eng. added sodding along street side of the earth fill); $11,700 for cost related to delay in the project, not based solely on delay but additional handling of fill stockpiled and City would pay for reloading and hauling from stockpile, fill originally to be hauled directly to the project, but this is without hard negotiation; if project stopped, there would be cost associated with terminating contract.

Tim Hughes, 202 Lincoln Drive, stated he was comfortable with the second design, and for the comfort and well-being of the residents urged that consideration be given to the second design, and has no specific objections to the bikepath as such.

Lloyd Olson, 715 Lincoln Drive, stated they've spent considerable time in trying to solve this situation, endorsed alternate design, and no objections to the bikepath.

Shirley Olson, 715 Lincoln Drive, stated she wanted to go on record to thank the City, City engineers and CPS for their cooperation, and that they appreciate it; that the bikepath has nothing to do with their concerns; and would be in favor of alternate design as Corps of Engrs. stated that would be very safe plan and integrity of the dike would not be concern.

Duane Larson, 909 South 9th Street, spoke in favor of the bikepath, and would like City to proceed with design 2 if that satisfies the neighborhood.

Suzanne Fry, 3007 E. Elmwood Drive, stated she doesn't live in neighborhood of proposed bikepath but wanted to say that she has really appreciated bikepaths and enjoyed some of the hidden and more beautiful spots in the city, appreciates willingness of the people to have a bikepath close to their property; and hopes they can proceed with this section of the bikepath.

Gary Christianson, River Forks Commission, spoke in favor of the bikepath and any effort to utilize riverbanks in those areas and hopefully this will connect with the downtown area bikepath and will be a good resource for the entire community for both cities.

Bruce Hanson, council member and chairman of the Bikeway Committee, stated that this particular project very important to the bikepath system, getting close to the end of the circular system, and spoke in support of alternate design, and thanked everyone for work they have done on this.

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Moved by Hafner and Klave that we proceed with the project
using the alternate design.

There was some discussion relative to the added costs for handling of the fill, original bid for 6900 yds. of fill, and contractor coordinated timing of the project so fill would go directly from one project to another, change will entail handling of the fill twice. Committee stated they had some problem with that, that when bid a project, would bid to move x-cy of fill to the project and directed staff to work with the engineer and contractor, bring up those concerns and to negotiate costs.

Upon call for the question, the motion carried.

2. Application for permit to move garage from 920 South 19th
Street to 1406 10th Avenue South.
The application for moving permit by Troy A. Schill was presented, building will meet Code with the following repairs: re-siding, reshingling and foundation. Bev Collings, code enf. officer, reported that this building has already been moved on site without inspection department's knowledge. Moved by Beyer and Hafner to approve application subject to the public hearing. Motion carried.

3. Matter of acquisition of property for Water Plant Expansion
Project No. 4408:
a) 620 South 3rd Street - $43,600
b) 311 Minnesota Avenue - $46,000
c) 622 South 3rd Street - $58,000
Ray LeClerc, Platting and R/W Officer, reported that three houses available for purchase, appraisals made. He noted that the house at 311 Minnesota Avenue had value of $42,300 per city assessor's value, that property owner not satisfied with that figure, had appraisal made which came in at $50,000, and staff is asking that difference between the two appraisals, or $46,000, be approved. Moved by Klave and Beyer to authorize purchase of the properties at the recommended prices. Motion carried.

4. Petition for vacation of portion of 2nd Avenue North.
Mr. LeClerc reported that abutting property owners have requested vacation of property at end of 2nd Avenue between 3rd Street and the river, and City, as owner of portion of the property would have to sign petition to vacate; that they will retain 26 ft. roadway and utility easements. He reported P & Z has approved the vacation. Moved by Beyer and Hafner that the City join in the petition to vacate and authorize proper City officials to sign the petition. Motion carried.

5. Matter of engineering agreement for Water Distribution
System Study, Project 4530.
Chuck Grotte, asst. dir. of public works, and Tom Hanson,

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WFW, were present. Mr. Grotte reported that the consultant would go through existing maps and correlate everything, do some renumbering of valves, etc. so better organized, that's first phase of the project; would then get into flow testing, etc. and creating of computer model, running some tests to verify, doing some analysis, and training of City staff on how to use the software. He reported that the total cost is $97,246.00, hourly rate to a max. contract not to exceed. This is budgeted. Moved by Beyer and Klave to approve the engineering agreement with Webster, Foster & Weston in the amount of $97,246.00, based on an hourly rate not to exceed. Motion carried.

6. Amendment to engineering services agreement for construction
phase services, Proj. 4333.
Tom Hanson, Webster, Foster & Weston, reported this project is Bacon Road forcemain valve replacement, engineering services in the amount of $15,152.00. Moved by Beyer and Klave to approve the amendment to the agreement in the amount of $15,152.00. Motion carried.

7. Proposal to solve pump construction problem at L.S. #22.
Held in committee.

8. Budget amendment.
Eng. Dept. $6,135.00 (conflict monitor tester) - this budget amendment was approved 7/17/96.

9. Consideration of construction bids:
a) Proj. 4414, paving 47th Ave.S. to Ulland Park
Chairman Hagness reported they had received letter from Don Palmiscno, president of Park Board, addressing concerns Park District has and recognizing that at last council meeting City didn't give them credit for $50,000 which they are contributing to this project, and that recommendation of council for award of contract had attachment for southend drainway; that every developer has to pay or donate certain amounts of right of way, whether for roadway, drainage ditches, etc. and don't want to set precedence where pay developer large amounts of money for some- thing that benefits the land its adjoining, that the project is multi-million dollar project that goes all the way from I-29 to the river. He stated that they negotiated this project, one of the conditions was that City would contribute $125,000 and Park District, Township, etc.; Park District indicates they have lived up to that condition; that street out in the county, but through good grant work able to get $175,000 from federal govt. but can't stop talking about negotiated drainway. He stated that this street is a priority for the City as well as Park Dist.

Member Beyer stated that she made the motion to tie the easement for the drainage ditch into the road construction without knowing that the Park Dist. was contributing $50,000 for that construc-

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tion, and she will make motion on council floor for reconsider- ation to remove the contingency, but wants some committee members to sit down with Park Board members to negotiate something reasonable on the drainway. Chairman Hagness stated he would be willing to reconsider if they sit down and discuss the drainage ditch and that should be decided before they go ahead with the project because afterward they have no control; that $60,000 in engineering fees contributed by City along with $125,000 share. Mr. Palmiscno stated their biggest concern was that they thought they had negotiated agreement and then something added which they hadn't agreed to; and that this is a Board decision and they are willing to negotiate. Member Beyer stated she was not willing to tie paving project to the drainage ditch; Mr. Vein stated they need to make sure that City part of the process because of precedence creating for the purchase of all property for the drainage ditch, more impact than just site. Mr. Palmiscno stated he would like to see paving project go ahead and set up meeting to hammer out tentative agreement to bring back to their Board sometime next week. Mr. Leker stated City is asking for 16-20 acres of land which they would have to replace at cost of $100,000; that inclusion of drainage ditch into golf course is City's perception not Park District's because how do you include ditch 12' deep 130 ft. wide into golf course, doesn't fit into course design. Mr. Leker stated Park District purchased 160 acres which golfers paying for through profits of golf course for a future golf course site, and this is land wanting to run ditch through, that need 160 acres for good 18 hole course and if have to give up 16-20 acres, would have to replace. Mr. Vein stated they need to work together to make sure don't take more than necessary and still allow them to have a golf course, and golf course will need drainage. Mr. Vein stated that when developer (Park District in this case) develops a site a certain amount of that site has to be given up for right of way and easements and that's how access it and maintain it. Mr. Leker
questioned whether Park District would be assessed; and Mr. Vein stated benefitting property owners would pay toward cost of that ditch, that land only part of it, construction costs, etc.; City will take over operation and maintenance of the facility. No action taken.

b) Proj. 4528, traffic signal/street light painting
Mr. Grasser reviewed quotes received, low bidder Dahlstrom Decorators of Fargo. Moved by Beyer and Hafner to accept the low bid of Dahlstrom Decorating in the amount of $8,750.00. Motion carried. (committee only)

10. Matter of 3-way agreement - Rivers Edge Addition.
Doug Herzog, CPS, Ltd. reported that Rivers Edge is north half of Sisters of St. Francis property which was recently sold to Simonson's Lumber, Applegren Const., Inc. and Robertson
Const., Inc., developers, who are requesting private installation MINUTES/PUBLIC SERVICE COMMITTEE
July 29, 1996 - Page 6

of underground utilities with CPS, Ltd. doing engineering, etc. Mr. Grasser stated he had no concerns with the development, but some concerns with master planning in that area but will handle that in staff. Moved by Beyer and Klave to authorize City to enter into a three-way agreement with the developers and engineering firm for private installation of underground utilities. Motion carried.

10.a. Matter of 3-way agreement for installation of utilities in Desoto First Addition.
Mr. Herzog reported that rep. from Azure Properties requested that they be allowed to proceed with underground design for Desoto First Addition, piece of ground that will accommodate a Rex TV & Appliance Store, and sits on south side of 32nd Ave.S., west of S. 17th Street, parcel 300x350'. Mr. Grasser reported this would be extension of S. 17th Street south of 32nd Ave.S., that he doesn't have problem with the 3-way agreement, but has some concerns re. master planning, drainage problem, etc. but using holding ponds until connection can be made into the southend drainway; would like to alert committee that there has been lot of development along 32nd and been continuing "band-aid" approach, allowing development - Slumberland, this project and also dealing with some people in developing behind Super One; and questioned further development until get some drainage issues resolved, concerned re. impact on 32nd Ave.S. and sanitary sewer big concern, although will address that with some of the work WFW doing on locating some sanitary lift stations and forcemains.
Mr. Herzog stated that developer would pave South 17th Street at his cost, plat will be on Planning commission agenda next Wednesday night and matter of service road will be discussed. He stated he would be opposed to service road as that restricts use of developer's other property.

Moved by Beyer and Hafner to authorize City to enter into three-way agreement with developer and engineer for underground utilities in Desoto First Addition. Motion carried.

11. Consideration of quotes for casting.
Mr. Grasser reported they had received quotes for castings (catch basins, manholes, etc.) and recommending award to low bidder, with funds from Highway Users and Wastewater Fund. Moved by Beyer and Hafner to accept the low bid of Fargo Water in the amount of $14,017.14. Motion carried.

12. Plans and specifications for assessment/const. projects:
a) Proj. 4523, Dist. 377, sanitary sewer English Coulee Center 2nd Addn.
b) Proj. 4524, Dist. 250, watermain English Coulee Center 2nd
Addn.
c) Proj. 4525, Dist. 378, storm sewer English Coulee Center
2nd Addn.

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Mr. Grasser reported that this area north of DeMers Avenue at 30th Street, they are platting in road with temp. cul-de-sac, plans for underground utilities with costs special assessed. Moved by Beyer and Klave to pass resolutions approving the plans and specifications for this construction and further that the city auditor be directed to advertise for bids on the projects. Motion carried.

d) Proj. 4548, parking lot improvements for Bridge and County
Dick Jackson, CBD Auth. and Mike Murie, EAPC, reviewed proposed improvements to County lot which is directly across from old Post Office downtown (is gravel lot in middle of block), that the County and Parking Auth. have an agreement for the County to turn that land over to the Parking Auth. to develop, that the Parking Auth. has purchased three houses along Division Ave. and would be developed into paved parking, 110 stalls; the other lot is the Bridge lot which is located behind the Dacotah Hotel and will overlay with asphalt the gravel lot; there will be improvements to access to that lot, sidewalk, etc. Mr. Jackson reported that monies for improvements will be from the early payoff on the ramp. Mr. Grasser reported that this is not a special assessment district project, but that he would like one final review of the plans. Moved by Beyer and Klave to approve plans and specifications and authorize call for bids, contingent upon engineering comments. Motion carried.

13. Matter of authorizing consultant selection for Proj. 4260,
Bridge Replacement at 27th Ave.N. and English Coulee.
Mr. Grasser reviewed cost estimate summary for this project; reported that project under contract to replace bridge at Mill Road; that there had been discussion at CIP re. this project, that he thought project had been delayed but committee of the whole motion was to proceed with this project for 1997. He
stated that this is the last bridge that met DOT criteria for funding. He stated that they don't have any final negotiation with County or Water Resource so contributions on estimate assumptions, that he looks at cost to City of $72,200, and recommended that they not proceed with the project but that is council decision; that if they wish to proceed with need to hire consultant and start process. Member Klave stated that he didn't believe they could bring project in at est. cost of $311,000 and other roadwork that needs to be done. Mr. Grasser stated that these numbers reflect assumption that they would end up with box culvert that would be designed over top because to put in bridge high enough to be open for 90% of the traffic, these numbers aren't reflective of that. He stated that one of the reasons they are recommending not to proceed is because traffic volumes
and future projections are not there to justify City's expendi- tures because taking money out of Highway Users. He reported
that this bridge been on list 8-10 years, that DOT took bridges within two-mile limit around the city and identified 3 bridges so MINUTES/PUBLIC SERVICE COMMITTEE
July 29, 1996 - Page 8

bad they qualify for bridge rehab funds, that they have done two. State will delay until 1998 without writing off list.

After further discussion it was moved by Hafner and Klave to delay project from 1997 to 1998. Motion carried.

14. Bids for traffic marking paint.
Mr Grotte reported that bids opened today for annual street marking paint supply, only one bid received, Vogel Paint & Wax Co., Inc., Orange City, IA; that paint bid in either five-gallon containers or in 55-gal. drums, that paint little cheaper in the drums. Moved by Beyer and Hafner to accept the bid of Vogel Paint & Wax Co., Inc. for 990 gal. white traffic paint at $7.98/per gal. and 770 gal. yellow traffic paint at $7.85/per gal. for a total bid of $13,944.70, paint to be delivered in 55-gallon drums. Motion carried.

Committee schedule a meeting for 7:15 p.m. on Monday, August 5, to consider bids for underground utilities in Birkholz' 5th Addition.

Meeting adjourned at 8:35 p.m.

Alice Fontaine
City Clerk

Dated: 7/30/96.