Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Monday, February 23, 1998 - 7:05 p.m.

Members present: Hagness, Hafner, Klave, Lucke.

1. Matter of engineering fees overruns for Water System Concept
Plan, Proj. #4654.010.
Charles Grotte reported that this was a project that they requested Advanced Engineering to pursue shortly after the flood, approved in June, 1997, and intent was to look at options for various water plant components, the possibility of having to relo-cate water plant because of possible dike alignments and asked them to look at options for various locations where plant could go, that they needed to look at various treatment methods for availability and possibly based on some previous work that they had done and try to put together estimates and schemes at how work at various locations, and was quite involved undertaking. He reported that at the time approved was for $100,000 and at time thought that was sufficient money, but as time went on in early December (December 10) Mr. Burian indicated cost was most likely going to exceed $100,000 but didn't have good handle on it. Hagness asked why that was not brought to committee at that time. Mr. Grotte reported that Mr. Burian had indicated cost was going to be higher but didn't know how much higher, that on January 6 received letter laying out how much it was to finish.

Committee discussed that a similar matter had happened last year, and after fact that committee was informed and they felt that if this happens should know when happening rather than after, and that committee held accountable. Hafner stated that they ought to pay for work performed but ought to know that they are spending more money than allocated and is staff's responsi-bility to tell them. Mr. Grotte reported that there hasn't been much work done on this project since end of December, which was halted because of other circumstances and now waiting for authorization from City to complete the report, so haven't been working on this for two months. Mr. Grotte reported that there's $14-15,000 that's projected to be needed to complete the report and do presentation. Hagness reported that the report has been presented to the mayor and himself along with staff members. Hagness stated that what's going to happen as result of this is that if it continues to happen, staff held accountable for any overruns and committee won't authorize any overruns until know about ahead of time. He noted that there were some additional overruns on tonight's agenda but want staff to know in advance so make warnings to different firms that it's their responsibility if there are overruns to notify staff in advance so committee will be aware; policy for future overruns. Lucke stated that legally he's not sure City has obliga-tion to pay this, but have contract that says in an amount not to exceed $100,000 and it's firm's responsibility and when they see unless scope change, they should come and ask whether to expand project. He said to let word be known that they are going to monitor this more closely.


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Tom Hanson, WFW, stated that everyone coming off flood were told to get work done, and sometimes numbers not known.

Klave stated that firm asked to do something not done before, what City asked them to do was pretty uncommon, and in that sense staff asked for figures, and did give verbal approval to approve the contract. Hafner stated that in the future that when contractor knows cost will be more, staff knows and committee should also know.

Steve Burian, Advanced Engineering, reported concern that hourly to max. is interesting contract type for engineering standpoint because if set max. and come in with higher fees, suggested format to agree to that is eat portion of contract. He stated behooves them on future negotiations that if committee doesn't look individually at projects or circumstances to include significant safety factor into contract if any looseness in the project, and wouldn't be in the best interest of the City. Hafner stated that City should pay for work performed but want to know when it goes over, but only make sure committee part of it when it does happen as they are more and more under public scrutiny. Hagness stated they are not saying overcharged, but at proper timing staff and contractor should be responsible for bringing to the committee, want better communication. Committee stated they should pay for work completed but trying to send message need to be accountable. Klave stated that he would be concerned that firms are worried that City not be willing to be flexible and include safety factor; and would like to keep that faith and trust as in the past.

Moved by Klave and Hafner to approve amendment to the contract to increase maximum fee to $149,052.00. Motion carried; Lucke voted against the motion.

2. Matter of chipping trees and brush at the landfill.
Richard Newman, solid waste mgr., reported that Mr. Hagness and Mr. Feland talked to John Staley, Park District, about their assis-tance in the chipping operation, however, they aren't in any posi-tion to give any assistance, but possibly work up something for next year. Mr. Newman stated that left his department in position to burn, bury or chip brush they have accumulated. Mr. Newman stated they would like to chip and see if that's what to do in the future and if so how to handle that - it would give idea of cost, whether increase fees or charge fee at landfill to defray the cost. He stated burning is still option, not sure State will give permit to allow a burn this year but can ask for one.

Mr. Newman reported they collect brush for year, burn couple times a year and when should have been burning last year, were collecting flood debris; that he had heard about a company with a chipping machine, fee around $45,000 to get pile done (about $200-235/hr.

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and contractor est. about 180 hrs. to do the job. He also noted that machines range in price from about $180,000 to $250,000. Committee questioned if there was outlet for chips - Mr. Newman reported use in pilot compost program as a wood product, using in our own compost, daily cover at landfill, use for mulch around plants and shrubbery for Park Board, let citizens have for gardening purposes. There was some discussion re. costs, and it was also noted that greater percentage of brush brought in by the Park District.

The committee felt that the cost was high, that they haven't talked with the Health Department and perhaps get extension. Moved by Hafner and Klave to direct staff to contact State Health Department for burn permit. Motion carried.

3. Matter of request that certificates of occupancy be issued to
apartments.
Luke Davis was not present. Bev Collings, Zoning and Adm. Officer, reported that Mr. Davis had talked with them several times before appearing at the council meeting. It was noted that his basic request is that landlords meet Code requirements and post notices so saying; that if can't meet Code, post notice stating that unit doesn't meet Code; and it was noted that some apartments can't meet Code (ie., ceiling heights in basements, etc.). Mrs. Collings stated that apartments, rental units have to meet Code they were built under, not current Code; that they are trying to be more lenient after flood and still meet Code requirements (only one is handrails return to the end, which was from fire department).

There was some discussion that if certificate required to be posted, where would it be located (in larger apartments, bulletin board, near electrical panel, etc., possibly issue in houses, etc.)
and committee not sure about posting negative certificates, unless esp. serious health or building hazard).

Mrs. Collings reported that their department has been doing rental inspections for past ten years, started part-time, now more time; that they have 2350 rental properties, do as many as can each year and sometimes meet lot of resistance when trying to enforce things, landlords have lot of voice, department writes letters, etc. and last resort cite and take to court. She stated they have letters in files, nothing done and question whether City would have any liability (egress windows in basements, smoke detectors, etc.) mostly minor issues. She stated she has asked for several years for additional assistance in the budget, but been rejected. She stated that after the flood they received lot of calls from tenants so hired four additional inspectors to do rental properties (they don't only check for cert. of occupancy but also check furnaces, sump pump inspection to see if piped directly into sanitary sewer, etc.) and have been in approx. one-third of them, and are trying to be as flexible as possible in making inspections, etc.
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Don Shields, Exec. Dir. Health Department, stated his recommenda-tion would be to have some sort of minimum level of safety and health and something posted would be in favor of that, but is resource limiting step with number of apartments; that there should be some grandfathering in of requirements, and letting tenants know (possibly attaching to lease). He stated he would like to see certificates of occupancy posted (or attachment to lease).

Mrs. Collings stated eventually they get to point where there's going to be difficult people, sometimes landlords won't let inspectors into property, won't set up appointments, etc. and if don't meet requirements take to municipal court. She also stated there would be difficulty in where to post certificate of occupancy if required; smaller units greater problems. It was also noted that properties with certificate of occupancy could be competitive.
Mrs. Collings also noted that Mr. Davis wants to start tenants assn, and get tenants informed; people don't know what getting.

After further discussion it was moved by Klave and Hafner to receive and file, with staff to research into posting of certifi-cates of occupancy. Motion carried.

Klave excused.

4. Matter of solicitation of bids for oil products.
Todd Feland, asst. dir. public works, reported that at public works facility at central garage they have lot of oil products, amount to about $15,000/yr., and are asking for a three-year contract to bid and also allow in specifications an out-year for either the City or the company. It was noted that the City could accept State bid but in doing so would exclude one local bidder from allowing them to bid this product; State fleet has Cenex and City has Orchard Oil who carried Texaco products, and by accepting State wouldn't allow Orchard to bid our particular contract and have had contract for many years (Cenex bid is lower than City's current bid).

Moved by Hafner and Lucke that we request bids for three-year bid. Motion carried. (committee only)

5. Change Order #1 for Project 4439, Lift Station 38, Wanzek
Const. Co.
Tom Hanson, WFW, reviewed change order in the amount of $3,910.00 to furnish and install inlet stainless steel sluice gate to pump station. Moved by Hafner and Lucke to approve the change order as presented. Motion carried.

Klave reported back.

6. Matter of agreement for engineering services with CPS for
Proj. 4670, Phase 2 Southend Drainway.

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Dean Wieland, CPS, Ltd., reported that this is next phase of the drainway on southend of city, and this phase starts at South Washington along south side of Curran property over to Ulland Park, and north to about 40th Street and west to approx. I-29, final phase of project. He reported work included in agreement will be preliminary and final design and bidding, won't include construc-tion. He reported it also includes right of way plats and des-criptions and redesign of box culvert under Hwy. 81, redesigning because of moving alignment on the drainway because of inability to get lands from the Currans. He reported construction cost is approx. $2.8 million and agreement is for not to exceed $147,687 or approx. 5.3% It was noted that this is negotiated agreement with the engineering department and came to a final figure. It was noted that change in that amount would be if bidding multiple phases. Mr. Grasser reported that unforeseen things could come up -change in alignment and if ask CPS to come through and calculate alternate alignments, right of way plats, etc., which would mean that the project wouldn't be finished this year but would be change in scope of services. He stated intent is to bid it this year, but in order to expedite things try to bring phase in from Washington to 47th and hope to negotiate with Park District and deal only with one property owner, because property acquisition real hang up on the project, but have to in order to provide services to the School this year. He stated that second phase wouldn't be too far behind that but have to deal with 3 - 4 different property owners and could possibly make or break the ability to get in in time to serve the School. Mr. Wieland reported project has to be done up to 47th for the School to be operational this fall or some other type of provision has to be made for their drainage.

Committee asked if City were going to be keeping dirt, Mr. Grasser reported that some of that would be coming up in land negotiations; problem is for stockpiling.

Moved by Lucke and Hafner to authorize entering into agreement with CPS, Ltd. in an amount not to exceed $147,687. Motion carried.

7. Matter of draft implementation plan for secondary line of
defense flood fight.
Todd Pfenning, CPS, Ltd. presented draft of plan to the com-mittee, started in late July and laid out alignment and came up with general plan and report for the interim floodfight process and that included a back up dike line, scope increased and presented report in October and then asked to do detailed plans and implemen-tation report for secondary alignment. He reported they are cur-rently in the process of putting plans together and reported revised slightly. He reported that there will be additional plan sheets and table showing some of the tasks (sewer plugs, storm cutoffs, plugging manholes and methods to be used, locations, size and locations of pumps, and gate valves to isolate lines, to inspect homes to assure that all sanitary drains in homes on wet
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side of alignment are plugged, dry side immediately on those lines, etc.)

Mr. Pfenning reported that the implementation plan goes through more specific requirements to supplement the plans for implementa-tion of the secondary alignment and includes recommended steps for City to prepare for the possibility of using the secondary align-ment (on last two pages), including estimates for the equipment and manpower required for various construction periods, also consultant help estimates, and ests. for help needed to shut off utilities and estimated costs with two week construction. He reported that for a 1997 flood with 2 ft. of freeboard, est. yardage of clay to be 332,000 yds. Est. amounts of manpower and equipment for 10 or 15 day construction were also reviewed, and 15-day construction more realistic. Committee questioned when start this - and that in talking to Corps need to consider risk and liability, and in order to make work, start early.

Mr. Grasser reported this is somewhat of draft, and council people facing this issue this weekend and unsettled about comments re. secondary line of defense; when started needed some backup plans for what happened in 1997, and this has somewhat grown when look at massiveness of what's going in here but council people need and possibly bring to Flood Response Committee. He stated this will be very difficult to implement, very difficult for staff to make recommendation and council to decide to start building this. Thousands of people without water, sewer backup in basements, etc. to implement this; possibly do in phases.

Hafner started there's one thing to have plan, and another thing re. implementation of it - magnitude of making decision. He stated that this is a draft plan and if recommend two-week construction that maybe figures should reflect that rather than 5-day plan. Klave asked how much expended costwise to fight flood; Mr. Grasser stated that emergency floodfighting from the Corps is around $3 million (only emg. portion of it). He stated that volunteer help won't be there in future, people will trying to protect their own properties first. Mr. Grasser reported that this is interim plan because only bridges gap from now until permanent Corps dike - for 5 or 6 years.

Committee asked that copies be forwarded to the entire council; and held in committee with referral to Flood Response for their infor-mation.

8. Matter of amendments to engineering services agreements for
various projects:
a) Amendment No. 1, CPS, Proj. 4440, Phase 1A, Southend
Drainway.
Mr. Wieland, CPS, Ltd., reported this is an amendment to the engineering agreement on first phase of drainway to add floodwall
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and storm water pumping station near outlet of the drainway, est.
cost, $9,850.00. He reported that City buying pumps and installa-tion, work not completed. Mr. Grasser reported they received approval to do work.

Moved by Hafner and Klave to approve amendment to the agreement to increase engineering fees by not to exceed $9,850.00 to a maximum of $134,352.00. Motion carried.

b) Amendment No. 1, CPS, Proj. 4663, secondary line of defense
flood fight. - from $15,000 to $55,000
Mr. Grasser reported they are asking for an amendment that's significant overrun from original contract - original contract worked on in June and looking for secondary line of defense layout and had contract of about not to exceed $15,000; at time was sure $15,000 wouldn't cover it, had $30,000 in cost matrix for this plan, and was his intent as approached $15,000 range to come back for an amendment, but this fell through adm. review and the scope of the project changed as found out complexity - first looking at alignment, then number of manholes for plugging, and preparing large plan sheets, and found out getting concerned re. this year's flood - and CPS was invited to attend several neighborhood meetings (Corps' meetings) and secondary dike became big concern and CPS asked to attend and take comments re. rights of entry and work with neighborhoods. Mr. Wieland reported they got involved with Corps in attending meetings and working with permanent alignment (separated and to be charged to Corps project) and some on English Coulee they were asked to assist and provide information - some of the dollars will be matching or in-kind services for the Corps project, and est. to February 19 of $55,000. Mr. Grasser reported they will work with Mr. Grotte and not sure how they will break Corps cost out of this project.

Moved by Klave and Hafner to approve an amendment to the contract to increase engineering fees to a limit of $55,000.00, with costs through CDBG funding. Motion carried; Lucke voted against the motion.

Mr. Grasser reported they are having consulting staff meetings weekly where go through projects, are making sure they track those times, that there aren't any overruns and know ahead of time; last year implemented billing sheet giving estimate of time left, and is very difficult administratively and staffwise, that some falling through cracks.

9. Matter of various future projects:
a) Proj. 4708, Dist. 259, watermain on 17th Ave.S. (42nd St.
to Industrial Park)
b) Proj. 4706, Dist. 260, watermain on S. Washington Street
(40th Ave.S. to new middle school).
Mr. Grasser reported they are dealing with funding issues and MINUTES/PUBLIC SERVICE COMMITTEE
February 23, 1998 - Page 8

asked these be held. Held for 2 weeks.

10. Matter of plans and specifications for various projects:
a) Proj. 4506, Dist. 115, street lighting on S. 38th St.
(24th to 30th Aves.S.)
b) Proj. 4509, Dist. 118, street lights on 30th Ave.s. (38th
to 42nd Sts.)
c) Proj. 4637, Dist. 122, street lights on S. 31st St. (32nd
to 36th Aves.s.)
d) Proj. 4597, Dist. 119, street lights on Oxford St.,
Harvard St., Princeton Street, and 5th Avenue North.
e) Proj. 4635, Dist. 120, street lights at English Coulee
Center 2nd Addn.
f) Proj. 4636, Dist. 121, street lights at Rivers Edge and
49th Ave.S. (Belmont Road to Rivers Edge Drive)
g) Proj. 4639, Dist. 124, street lights at Garden View
Estates.
h) Proj. 4641, Dist. 125, street lights on s. 21st St. (26th
to 27th Aves.), and on 26th Ave.s. (20th to 23rd Sts.)
i) Proj. 4642, Dist. 126, street lights on Cambridge St.,
Hamline St., and 5th Ave.N.
Mr. Grasser presented plans and specifications for these projects.

(The following motion was moved for each of the above projects) Moved by Klave and Lucke 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.

j) Proj. 4715, Dist. 258, watermain on N. 51st St. (10th to
12th Aves.N.)
Mr. Grasser presented plans and specifications for the project.
Moved by Klave and Lucke that we adopt 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.

11. Consideration of bids for Proj. 4765, 1998 castings.
Mr. Grasser reported this is budgeted item, annual castings quotes (curb inlets, manholes, lids and type C grate on inlet), used to repair broken castings (manhole covers, etc.) in the field by street department, budgeted in individual departments as well as Highway Users.

Moved by Hafner and Lucke to accept low bid of Fargo Water Equip-ment in the amount of $7,817.70. Motion carried. (comm. only)

12. Matter of 1998 construction projects with tapping fees and/
or future special assessments.
Mr. Grasser presented 1998 estimated tapping fees costs to make MINUTES/PUBLIC SERVICE COMMITTEE
February 23, 1998 - Page 9

committee aware of proposed projects and estimated cost; this is real concern. He reported that this is listing of projects they
now foresee, could be more projects coming out - $12.6 Million in construction costs and about $8.5 in tapping fees - he noted that the Southend Drainway is almost $5.5 Million both in construction and tapping fees (paid for through State Revolving Funds) He stated he will be forwarding to Mr. Schmisek.

Moved by Lucke and Hafner to receive and file. Motion carried. (comm. only)

13. Matter of authorization for land appraisals for emergency
clay borrow areas.
Mr. Grasser reported that as part of secondary backup plan and also included in cost matrix, City needs to obtain some land to borrow clay; have been relying on availabilty from local property owners, that source limited and becoming very expensive and some-times have to haul dirt back to them. He reported that when they do emergency flood fight the Corps comes in and takes care of equipment operation and leasing, the City is responsible for supplying the clay, sites limited and in conjunction with secondary alignment he has hired Pribula to go out and do some basic research on it, and will bring in contract for that to do some basic research to see where at to do on land, and have narrowed down to two sites on north end, two sites on south and two sites on west, doesn't want to negotiate with only one landowner. He reported they have authorization from Flood Response and will have to do an appraisal, and would like authorization to do appraisal. He reported funding in CDBG cost matrix, about $400,000; will bring back to committee. Mr. Grasser reported City will be purchasing land; and may try to go into option agreement. Mr. Grasser reported that need not as acute when permanent dike built, but need for places for staging areas, that levees can potentially be topped, and if faced with flood, dikes will have 10 ft. tops and will continue to raise levees; and vulnerable for next 5-6-7 years.

Moved by Hafner and Klave to authorize staff to obtain land appraisals for clay borrow. Motion carried.

14. Matter of 1997 Engineering Department Year End Report.
Mr. Grasser submitted the 1997 Engineering Department Year End Report, and will be submitted to entire council. He noted that the report describes some flood fighting efforts and recovery efforts that went on, some statistics and in back gave personal accounts of flood fighting that maybe everyone not aware of.

Moved by Lucke and Klave to receive and file. Motion carried. (comm. only)

15. Appointment of committee members to water plant study.
Mr. Grotte reported that proposals due on February 26, MINUTES/PUBLIC SERVICE COMMITTEE
February 23, 1998 - Page 10

committee will meet next week to go over proposals - Klave and Hafner volunteered to sit on the committee.

16. Matter of one-call system for excavators.
Mr. Feland reported that on March 1 new law going into effect -called one-call excavation notice system, and will be coming back with budget amendment that will project City's costs for the balance of the budget year. He reported that excavators will need to call into a one-call center and in turn will get notification on what the particular excavator is doing and each request within city limits, will get $1.05 charge on each starting March 1 (call to One-call Center in Bellevue, Wash.) with approx. 30 calls week.

Moved by Lucke and Hafner to receive and file. Motion carried. Information only.

Meeting adjourned at 8:55 p.m.

Alice Fontaine
City Clerk
Dated: 02/24/98