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MINUTES/PUBLIC SERVICE COMMITTEE
Tuesday, January 30, 1996 - 7:00 p.m.

Members present: Hagness, Beyer, Klave.

1. Application for moving permit by Robert Wedin to move building from 2309 2nd Ave.N. to 1509 1st Ave.N. to be used
as dwelling.
Mr. Wedin was present. Bev Collings, Insp. Dept., reported that an application had been approved previously to move this building to a different location, but that didn't work out. Moved by Beyer and Hagness to approve the application subject to the public hearing. Motion carried.

2. Proposal with UND Dept. of Microbiology and Immunology to
study epidemiology and occurrence of cryptosporidium.
Hazel Fetters-Sletten, supt. water treatment, reported they are asking to participate in and fund research project with UND Dept. of Microbiology and Immunology to evaluate water source and finished water for the presence of the organism at a cost of $12,500, and reviewed proposal to establish testing site at UND to look at early warning system for the city water supply utilizing existing equipment and expertise at UND. She stated to set up and do in their own lab would cost approx. $80-100,000; that if they get familiar with techniques, can do our own testing in the city and have quick response. She stated there is one test that is EPA approved and they will be using that on the drinking water. Moved by Beyer and Hagness to approve the pro- posal, with $12,500 funding from the water treatment plant budget. Motion carried.

3. Matter of maintenance agreements (water treatment plant).
Mrs. Sletten reported that under procedure being used, she submits agreements to the auditor who gets review/approval by the city attorney.
a) cathodic protection agreement. held.
(Mr. Swanson noted concern is that they are asking City to indemnify them for their negligence, and questioned if there was much liability involved and what is potential.)

Klave reported present.

b) Johnson Controls - that this is standard agreement used with other city buildings (fire station, civic auditorium, etc.). Mr. Swanson stated he has rejected all of these agreements. He stated this agreement unusual in that there is provision in the agreement that if the City hires any former employee of Johnson Controls, have to pay Johnson Controls their salary, no excep- tions nor other provisions, doesn't know what circumstances might be, but that seems to be unusual provision to find in a service contract and wanted to bring to the committee's attention. He noted that other agreements not signed, but that the company has not neglected their service opportunities, not sure whether they are willing to give up their contracts with the City. It was
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January 30, 1996 - Page 2

noted that there is potential that City could end up in situation where not covered by service agreement, if Johnson Controls wanted that provision in the agreement, and wouldn't provide service without it. It was also noted that these service agreements are not bid. Moved by Beyer and Klave to refer the agreements to the city attorney. Motion carried. (comm. only)
Mr. Swanson stated that these companies are regularly trying to transfer liability by burying provisions in the contracts, and finding quite a few agreements where we are indemnifying company for anything that they do wrong, whether our fault or not.

c) Service agreement for Gas Chromatograph/Mass Spectrometer
(GC/MS)
Mrs. Sletten reported they took quotes for service agreement for this equipment, is budgeted and are recommending acceptance of quote of Compco Analytical, Inc. in the amount of $9,000, to be billed quarterly. Moved by Klave and Beyer to approve and to enter into service agreement as recommended. Motion carried. (committee only)

4. MN DNR reports and payment for Red Lake River water.
Mrs. Sletten reported this is routine payment they make on water taken from Red Lake River in the amount of $7,726.50, that they took little more this year (61%) and this is off-set in cost of chemicals because softer water. Moved by Beyer and Klave to approve payment. Motion carried. (comm. only)

23. Matter of engineering agreement for Water Reclamation
Facility Evaluation, Project No. 4377.
Chuck Grotte, Asst. Dir. Public Works, reported this is an agreement with Advanced Engineering to do strategic planning for both the sludge project and the water in-take project to look at the whole plant and determine what needs are for the system in the future; that this agreement allows City to work with A/E on hourly basis per customary rate schedule until strategic planning is done, this project should be done in the next two months, est. cost $10,000, and is part of the project budget.

Harvey Gullicks, Advanced Engineering, stated they have been meeting with City staff about the strategic planning beginning in October and December.

Moved by Beyer and Klave to approve the agreement and authorize proper City officials to sign the agreement. Motion carried.

5. Change orders, Proj. 4045 and 4202, water treatment plant
modifications.
Keith Johnson, Asst. City Engineer, reviewed four change
orders with the committee:
a) Change order for Proj. 4045, Innes Const., zero dollars,

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for change in the construction details, partitions in the clear- well, etc. Moved by Beyer and Klave to approve the change order. Motion carried.

b) Change order for Proj. 4202, standby generator, Innes Con- struction, contractor, in the amount of $4,912.00, for change in generator access doors to allow additional room for generator installation and removal, and to increase sound dampening. Wayne Gerszewski, A/E, reported the change order also includes for provision and installation of rebar and grout masonry cores in walls of generator building, and includes both material and labor. Moved by Beyer and Klave to approve the change order. Motion carried.

c) Change order for Proj. 4202, Hanson Electric, contractor, for a $10,000 deduct for rearrangement and changes in the electrical transformers, relocation of metering cabinet; sim- plifies the distribution system. Moved by Beyer and Klave to approve the change order. Motion carried.

d) Change order for Proj. 4045, Hanson Electric, for a $9,553.00 increase for upgrading of six filter control panels. Mr. Gerszewski stated that when filter control section of the project was designed the 550 panel top of the line, and over the design and bidding period they came up with new model, which allows operator improved versatility, cost is for upgrading panels. Moved by Beyer and Klave to approve change order. Motion carried.

6. Certificate of Substantial Completion, Proj. 4181, 1994
forcemain valve replacement.
Mr. Johnson reported that this project completed on the first of August, but certificate had not been considered or approved by council. Moved by Klave and Beyer to approve the certificate of substantial completion. Motion carried.

7. Prelim. design report, Proj. 4333, 1995-96 forcemain
valve replacement.
Tom Hanson, WFW, reported that this project looked at valves in forcemain in vicinity of Bacon Road, that this constructed approx. in 1956 and L.S. #17 was only master station; since then built new forcemain and pumping station south of the Industrial Park, and now need to be able to direct flow in either direction if problem, and in addition the butterfly valves will no longer close properly. He stated that time to do amount of work that needs to be done will take longer than the 4-5 hours they are able to shut the system down. He stated they looked at several options and evaluated; and are recommending that the City select the "tee" layout which provides for two 30" plug valves to be
installed on both sides of the existing tee to direct flow, and a 24" plug valve which would replace the 24" butterfly valve and

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would also function with the bypass riser. He stated that this is the least expensive option at a total est. project cost of $287,000 and they are recommending the "tee" valving layout with an on-surface bypass riser. Mr. Johnson stated this is budgeted in the wastewater department budget. Mr. Grasser reported that this is part of on-going project and money budgeted for forcemain rehab which started 4-5 years ago, with idea of going through and televising to determine condition of forcemains, but before can do that have to isolate and take those lines down; next phase of project will be to go in and do inspection; too large project to do in one year.

Moved by Klave and Beyer to approve preliminary design using the "tee" valving layout with an on-surface bypass riser. Motion carried.

8. Matter of vehicles for sanitation department:
a) heavy duty trucks and packers
Dick Newman, solid waste mgr., reported these are yearly budgeted items for the sanitation department; that they will be trading in two trucks and packers, one with front-load as a spare, and other rear-load packer; trucks to be traded are 7-8 years old. He stated all trucks would be used on alternating basis, with one vehicle for spare in case of breakdown. After some discussion it was moved by Klave and Beyer to authorize call for bids. Motion carried. (comm. only)

b) single-axle truck w/box and hoist
Mr. Newman reported this is replacement for truck used for picking up appliances, etc., 1974 Chevy 3-ton truck with small box and hoist, with 80,000 miles, with lot of rust. There was some discussion re. trade-in vs. direct sale and that would be determined after receipt of the bids. The committee also ques- tioned leasing of vehicle and suggested that lease option be included in the bid. Moved by Beyer and Klave to authorize call for bids, including lease option. Motion carried. (comm. only)

9. Request to call for bids for 1996 vehicle purchase.
Chuck Grotte reported this is annual purchase of general purpose small vehicles, 6 vehicles for various departments and 6 trade-ins, budgeted item, and they are requesting authorization to take quotes, that two of the vehicles would go to other com- mittees once bids received (Public Transp. and Police). The com-mittee questioned whether $7,000 for police vehicle (budgeted amount w/trade) was sufficient or whether additional funds would come from another source. Capt. MacCarthy stated that cost minus trade (of Chev. S-10, with 4-wheel drive) est. at $7,000. The committee also questioned need for new vehicle for Planning Dept. to replace 1990 Mercury Sable with 70,000 miles. Ray LeClerc statedvehicle used for out-of-town trips, and need dependable car. The comm. asked for more info. and held this item until

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prior to council on Feb. 5, to determine whether justified.

Moved by Klave and Beyer to authorize call for bids for the vehicles (exc. vehicle for Planning Dept.). Motion carried. (comm. only)

10. Matter of Dist. IV Solid Waste Mgmt. Board contract
for professional services.
Mr. Grotte reported this is contract with Dist. IV Board and City to cover costs for Linda Kingery, who works with City re. landfill siting, recycling, and came up in budget process that City should be providing money for that effort. It was noted that two years ago City gave $8,000; and that $65,000 is amount which was previously agreed to. Mr. Newman reported that this had been brought to public service committee in June or July and discussed at that time. Committee held for 2 weeks and asked that Linda Kingery be requested to attend the meeting.

Mr. Grotte informed committee that there is open house on the landfill siting at the civic center on Thursday at 7:00 p.m.

11. Final project concept report for Proj. 4260, Mill Road
Bridge Replacement.
Mr. Lambrecht reported they held the public hearing at the last public service committee meeting, that there was then a 10-day comment period, there were no comments filed, and they have put together report in final form, and would like approval of the report, which will then be sent to the State and become the basis of design. He reported that he met with reps. of NDDOT at the site, that they will be bidding two alternatives (State wanted this): a cast-in-place culvert and pre-cast concrete culvert sections; that the new culvert sections will fit inside the waterway opening of the old bridge so will not remove old bridge abutment entirely, which would have required massive amount of earth work. He also reported that he gave away the unsalvageable steel on the old bridge to Grand Forks County, contractor will disassemble and County will load and haul away. He reported he also negotiated with County and they will con- tribute $15,000 toward the project, and he and Mr. Grasser will meet with County Water Board and hopefully they will match the same, leaving City's share at $80,000 out of $341,000 project.

Moved by Klave and Beyer to approve final concept report. Motion carried.

12. Prelim. engineering services agreement for Proj. SU-6- 986(042)045, S. Wash. Street from 34th to 40th Aves.S., City
Project 4225.2.
Mr. Lambrecht stated that he had reported at the last meeting
that in order to complete this portion of S. Wash. St. from 34th Ave.S. and have it bid with the State's project, and had recom-

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mended award of the City's engineering portion of the project to KBM, Inc., and have negotiated agreement on hourly basis in an amount not to exceed $26,179.98, for preliminary surveys, project concept report, hearings, etc. for preliminary development of the project, that if City can furnish this information, State DOT will draw plans and include with their bid package, and recom- mended approval pending concurrence by the State DOT. He stated they are going to ask them to consider this to be federal aid eligible. It was noted that the preliminary survey will be done within 45 days and balance within 90 days.

The city attorney will review agreement. There was some dis- cussion re. provision for escalation of wages in the agreement; committee questioned this provision in a 90-day contract. Tom Hanson stated that all DOT contracts on a cost plus fixed fee process and is a Federal Highway Adm. approved method; that basically FAA is same way, want to use cost plus fixed fee basis of payment, but they audit base fee and whatever you pay for labor costs is times the multiplier and that's standard DOT and FHA process for those contracts.

After further discussion it was moved by Klave and Beyer to recommend approval pending concurrence by the State Department of Transportation; and further that future agreements be sent to the city attorney re. inclusion of provision re. escalation of wages. Motion carried.

13. Matter of 1996 consultant selections.
Al Grasser, asst. city engineer, reviewed listing of con- sultants and proposed projects for the next two years; that they have three projects in the wastewater area that are budgeted where they are looking for assistance from consultant, and that Webster, Foster & Weston has been most qualified/experienced in those areas; others are tentative recommendations where they are looking to interview consultants for water distribution modeling, Belmont Coulee Erosion Control and Flood Station/Ring Road and DeMers (which is contingent upon availability of funding).

Moved by Beyer and Klave to approve selection of Webster, Foster & Weston for 1996 Forcemain Rehab, Update Pump Station #17, and Sanitary Lift Station #38, and to proceed with negotiation of contracts; and to accept the request for qualifications from those consultants responding to the RFQ for use in future projects in which a consultant will be used. Motion carried.

14. Matter of new special assessment policy.
Mr. Grasser reviewed memo in which he reported that during the last ND Legislative session some changes were made in the special assessment process, and are waiting for final memo from
Mr. Swanson. He stated that biggest impact is that there will be 3-week advertising requirement rather than 2-week, and this will

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extend process from about two months to 2 and a half months. He reviewed several options: 1) extend special assessment process; 2) hold bid openings on council meeting dates, or 3) authorize advertisement to bid to occur based on committee action; that he is recommending option 3, which would take council action to delegate that authority to the committee.

Mr. Swanson stated that it is not entirely clear that City governed by the three-week publication notice, the Legislature tried to create a new section for bidding public improvements, but didn't eliminate requirements under special assessments, so have two separate bid requirements; one that specifically applies to special assessments which is two weeks and one that applies to public improvements that says three weeks to be published in newspaper and also to publish in a trade journal, that they define public improvement as including special assessments; and is debatable as to intent of the Legislature. He stated that alternative Al is suggesting is best alternative, can comply with more stringent advertising requirement and don't alter normal scheme of the special assessment, and not in a position to ad- vocate increasing timeline for special assessments. He stated it does accomplish one other thing and that is the need for council to seriously look at paring its agendas down and giving com- mittee's an opportunity to make those decisions that fall within the boundaries of the committee, and authorizing bids is one. He also reported that he does intend to request attorney general's opinion on several items in the new statute. Mr. Swanson stated that they define public improvement is any improvement funded in whole or in part by monies from a governmental entity.

Moved by Beyer and Klave that the council delegate to the public service committee the authority to approve requests for bids on all projects. Motion carried.

Mr. Grasser reported that because of the increased cost of advertising, they are shortening their call for bid notice.

15. Matter of prelim. Highway Uses' summary (Info. only).
Mr. Grasser reported that this is a draft summary of the 1996 and 1997 Hwy Users Fund Accounts; that auditor's have come up with another $450,000 that will be available from 1996 carryover funds, but lose about $500,000 on projects they didn't antici- pate. He stated they will be asking for a meeting of the CIP committee to discuss how these projects are to be funded, ie., City's share of S. 34th Street, etc. which traditionally came out of City's share which results in city-wide special assessment (mill levy increase to pay for that). He stated he wanted to make committee aware of some up-coming decisions and need to look at how some of these projects are going to be funded; and ex- pressed concern re. bonding up Hwy Users money and ear-marking those funds for several years to pay off bonds. Info. only.

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16. Matter of tapping fee areas.
Mr. Grasser reviewed tapping fee calculations for Project No. 3585, sanitary sewer along 47th Ave.S., which has approx. $40,000 in tapping fees. Moved by Beyer and Klave to approve calcu- lations for tapping fees for this project. Motion carried.

Mr. Grasser also distributed a summary of projects over past several years where tapping fees included and monies fronted by the City, and what City has done for development ($4.2 Million over approx. 10 years)

17. Matter of 1996 project listings. (Info. only).
Mr. Grasser reported this is informational only and for committee's perusal.

18. Matter of 1995 year-end engineering report.
Mr. Grasser distributed copies for committee's review.

19. Matter of creating special assessment district:
a) Proj. 4242, Dist. 355.1, sanitary sewer along N. 51st
St. (from future assessment district created in 1994)
Mr. Grasser reviewed engineer's report for Project No. 4242, District No. 355.1, sanitary sewer along North 51st Street from 6th Avenue North to approx. 500 ft. north, which had been com- pleted January 3, 1995. He reported that this is area which had future assessment fees, has now come into the city, and this is process where City will start to recoup those fees.

Moved by Beyer and Klave that we adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, and an assessment district map. Motion carried.

20. Matter of agreement with Burlington Northern Railroad
for improving RR crossing at S. 5th St. and Kittson Ave.
Mr. Grasser reviewed agreement with BN for improvements to the 5th and Kittson RR crossing. Mr. Swanson reported he has no problem with the contract. Mr. Grasser reported that the City will provide materials and BN will provide labor to install. He stated that in addition there is some sidewalk work and are co- ordinating that with Community Development (brick pavers) total cost to the City est. $26-28,000. He stated there is change in specs., that they are proposing installation of concrete crossing rather than rubber crossing because rubber crossings being damaged by snow removal equipment, etc.; BN also recommending
going to concrete crossings.

Moved by Klave and Beyer to approve the agreement and authorize proper City officials to execute same. Motion carried.

21. Matter of plans and specifications:

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a) Proj. 4379 - railroad crossing at S. 5th St. and Kittson Avenue
Mr. Grasser reported this would be actual request for quotes for the material. Moved by Klave and Beyer to approve plans and specifications and to authorize call for bids. Motion carried.

b) Proj. 4426 - 1996 sidewalk replacement
Mr. Grasser reported this is for standard sidewalk replace- ment contract. Moved by Beyer and Klave to approve plans and specifications and to authorize call for bids. Motion carried.

c) Proj. 4427 - 1996 concrete street repair
Mr. Grasser reported this project bid on unit price basis. Moved by Klave and Beyer to approve plans and specifications and to authorize call for bids. Motion carried.

d) Proj. 4428 - 1996 asphalt street repair
Mr. Grasser reported this is standard project; that in talking with BN reps. they are trying to work money into their budget to replace crossings at 3rd and 4th Streets without any obligation from the City for material, but is asking that City do the tapers and run-ins, so may end up spending most of our asphalt street repair money for those crossings.

Beyer questioned status of southend drainage ditch , whether they will be doing any construction in 1996, and whether small stretch of gravel on 52nd Avenue will be hard-surfaced. Mr. Grasser reported he met with CPS reps. last week, have final proposal to work on for outfall structure (had interim contract), and they are now going to prepare R/W acquisition plats for that area and will be starting negotiations. He stated he would see improve- ment of that street as being part of the project, and not under the asphalt street repair project.

Moved by Beyer and Klave to approve plans and specifications, and authorize call for bids. Motion carried.

e) Proj. 4401 - electrical assistance for 1996/1997
Mr. Grasser reported that this was at one time emergency electrical assistance, however, not only used for emergency but also routine electrical assistance, are asking for one-year contract, with option to renew for one year. Moved by Beyer and Klave to authorize call for bids. Motion carried.

24. Matter of ordinance relating to wastewater disposal.
Mike Shea distributed copies of proposed ordinance relating to wastewater disposal, is matter of definitions required by EPA to be included in our ordinance (addresses "indirect discharge", "pass through", "pretreatment requirement" and "new source"). Moved by Beyer and Klave to approve proposed ordinance and to introduce for first reading. Motion carried.

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22. Matter of street cleaning policy.
Beyer and Klave reported they have received number of complaints from residents in their area re. snow removal, streets not being plowed soon enough; problem with sanding - need to sand more than 1-2 car lengths from busy intersections, etc. Gary Fish reported main thoroughfares cleared first (city divided into areas for cleaning, etc. on specific dates, however, if get more snow, main thoroughfares again cleared first). There was also some discussion re. removing snow from berms at intersections, and Mr. Fish stated they haven't had time to do that yet, but getting to point where can't push back on berms any more without pushing onto sidewalks. Committee also asked what policy was, why snow being removed on Chestnut/Walnut Sts., etc. and Mr. Fish reported that because no berm or narrow berm and sidewalks run along curb, have to clear because nowhere to push the snow. Beyer questioned whether they should hold public hearing to air complaints; however, Mr. Hagness stated that if residents vent complaints, and then told nothing more City can do, would not help situation. There was some discussion re. bidding out snow removal/street cleaning on emergency basis, and staff stated they could look at contracting with outside contractors. The com- mittee suggested that staff look at possibility of using private contractors. Hagness stated that street department doing good job but see if way to do any better.

25. Matter of emergency funds for salt and sand for ice control.
Gary Fish reported they have almost used up their yearly supply of salt and sand and have ordered an additional 78 tons of salt and 1500 tons of sand, and requested emergency funds in an amount up to $16,000. He reported they originally spent about $60,000 for salt and sand. Moved by Beyer and Klave that we authorize expenditure of up to $16,000 from the Emergency Fund for addi- tional salt and sand for ice control. Motion carried.

Meeting adjourned at 9:00 p.m.

Alice Fontaine
City Clerk

Dated: 01/31/96.