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MINUTES/PUBLIC SERVICE COMMITTEE
Monday, April 8, 1996 - 7:00 p.m.

Members present: Beyer, Hamerlik, Klave.

1. Matter of easements.
Al Grasser, asst. city engineer, reviewed easements: a) sanitary sewer and temporary construction easement for Sewer Project No. 4337, east of 34th Street along Sertoma Park, to allow installation of sewer; b) for Watermain Project No. 4417, on South 34th Street from 11th Ave.S. to Baron Blvd., each in the amount of $1.00 from the Grand Forks Park District. Moved by Hamerlik and Klave that we accept the easements and authorize proper City officials to sign said easements. Motion carried.

2. Matter of methane monitoring program at landfill.
Mike Shea reported that the City is required to implement a methane monitoring program at the existing landfill, received preliminary approval in 1994, and would like to monitor this summer. He stated they would order monitoring probe (for model and make their own) and get probes in place, est. $10,000, however he stated it would be less than that and would come back to committee. Moved by Hamerlik and Klave to approve to a maximum of $10,000. Motion carried.

3. Change order for Proj. 3945, Highway 2 Beautification.
Hugh Veit, KBM, Inc., reviewed change order to provide signing at the entrance to Swangler's and Weekley's salvage yards, change order in the amount of $2,156.92, City share 20%, Federal share 80%, letters 2 ft. high. Moved by Klave and Hamerlik to approve the change order. Motion carried.

7. Amendment #1 to eng. services agreement, Proj. 4371, Waste-
water Treatment Study.
Mr. Veit, KBM, Inc., reported that they were requested to incorporate facility plan in the amendment to make it eligible for funding through the State Revolving Loan Program so all costs for the study are eligible, and that was previously approved by council. He stated that the second part of the amendment relates to work performed in developing working group sessions to help in development of the study, that plus City panel sessions, which were staff meetings, utility rate committee meetings, that expenses were developed through preparation, attendance and presentation of strategy for the panel sessions, distribution of information at the meetings. It was noted that Mr. Grotte, asst. dir. of public works, had stated that the scope of work had changed enough to justify the additional cost.

Moved by Klave and Hamerlik to approve the amendment to the agreement in an amount not to exceed $8,960.50. Motion carried.

4. Eng. services agreement for Wastewater Proj. 4439, new or
revised lift station.
Tom Hanson, WFW, reported they had done thorough study to

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April 8, 1996 - Page 2

determine which option (revise Lift Station #27 or build new lift station, #38). He reported that Lift Sta. #27 located at S. 34th and 24th Avenue South that serves Columbia Mall and new apartment buildings in that area, that since development in that area Gary Goetz has stated that the lift station is getting behind and need to go through numbers to determine where need to be with that area when development finished, now 75-80% developed; and need to look at #38 service area and do preliminary sizing for that, and determine which is most critical. He stated that agreement covers services for study and report phase in the amount of $19,434.00 which will include development of model of hydraulics for the wastewater forcemain system. Moved by Klave and Hamerlik to approve the agreement in an amount not to exceed $19,434.00 for the study and report phase of the project. Motion carried.

5. Matter of East Campus Storm Water Study.
6. Matter of budget amendment for East Campus Storm Water Study.
Charlie Vein, Advanced Engineering, and LeRoy Sondrol, dir. of UND Plant Services, reviewed project. Mr. Sondrol reported this project started last summer when had number of storms and had problem with drainage system on campus, hired A/E to do survey to look at and identify potential problems; that A/E has put together plan identifying areas involved, and a fairly large portion of the area is under the City's jurisdiction and are asking if the City would consider paying for part of the survey. Mr. Vein identified boundaries of area on map and started study, identified storm sewer system on map, and boundaries of drainage area, and found that large portion of the area was outside of the University area. He stated they have collected all of the surface information, measured depth and modeled whole storm sewer system; now looking to subdivide individual drainage areas and evaluating capacity of the line in relation to flows coming into it. He stated as they have looked at it, it is UND/City problem and solution probably going to involve both. He stated that the study is est. at $50,000, and University is asking that City contribute $10,000 (about 1/5 of project)

Staff reported there is money available in stormwater cash carryover.

Moved by Hamerlik and Klave to approve participation in the study and funding for the project in the amount of $10,000 with funds from cash carryover in stormwater fund, and approve transfer of the funds. Motion carried.

8. Amendment #3 to engineering services agreement for south end
drainage facility.
Dean Weiland, CPS, reported this is a continuation of the design work on the south end drainage project, did preliminary design and study report, had public involvement and second amend- ment incl. soil testing and design of energy dissipator, and this MINUTES/PUBLIC SERVICE COMMITTEE
April 8, 1996 - Page 3

amendment covers final plans and specifications, bidding, and working with Revolving Loan Fund, amount of amendment $127,396. Mr. Klave asked if ditch enlarged and extended west for 4 miles, what will effect be closer to city; Mr. Weiland stated it would have no effect, that flow would go directly along County Road 6 to the Country Club, they are separated.

Mr. Grasser reported that Mr. Swanson has reviewed agreement, with minor comments which were taken care of, and reviewed multipliers with Mr. Weiland, because of concern to keep multipliers under 3-0 for overhead and profit and is satisfied multipliers within that. He reported that total is within 5% of what project expected to cost (project $2.5 million).

Moved by Klave and Hamerlik to approve the amendment to the engineering services agreement in an amount not to exceed $127,396.00. Motion carried.

9. Matter of NDDOT project decisions, Proj. 4225, South Washing-
ton Street reconstruction.
Bill Lee, Community National Bank, was present.
Mr. Grasser reported they have held several public hearings and public input on project from Hammerling to 32nd Ave. S. with Federal Aid Urban Secondary funds; and from 32nd Avenue South south using Federal Aid Urban, same fund as on 6th Ave.N. He stated they have been working with the DOT on several items of conflict, and wanted to bring to the attention of the committee.
Mr. Vein and Mr. Grasser reviewed the several items of dispute between NDDOT and the City as outlined in their communication:

1) City to pay additional cost for construction of concrete frontage road rather than asphalt. The DOT has taken position that they will bid alternate, but City will have to pick up additional cost for frontage roads, $250,000. City does maintenance on frontage roads; State maintains street and median, but upon completion of this project, the City will have to do maintenance (this is one of the stipulations for funding).

2) NDDOT proposing to drain S. Wash. St. R/W into existing storm sewer systems - City wants NDDOT to be responsible for their design and correct any problems should their design overload the existing storm sewer system, and the NDDOT wants the City to be responsible for their design. Mr. Grasser reported that NDDOT proposing to tie into City's existing system at 3 locations (32nd, 14th and 17th/18th Aves. to drain ditches), and concern re. impact on downstream residents (run from River to Wash. St.) when lose ditches which act as holding ponds. He stated they have asked DOT to analyze impact on residents. Mr. Vein stated that DOT want City to approve and hold harmless DOT as well.

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3) Reconstruction of intersections at 17th and 24th designed to optimize the level of service and safety. The City disagrees with DOT re. configuration and funding of the intersections. The NDDOT must consider design options and choose option that works best, and design should be legitimate project cost. There was considerable discussion re. intersection improvements at 17th and 24th Aves. S., impact on Community National Bank' access. 2 options which may be acceptable to DOT: to put median barrier in at 17th Ave.S. on west side, with no vehicular access between frontage road and 17th Ave.S (block off left-turns into frontage road for eastbound traffic and prevent any vehicles from frontage road from being able to turn left onto 17th Avenue. This option not acceptable to Community National Bank because of arrangement of drive-throughs. Mr. Vein stated major concern re. people in wrong left turn lane and going wrong way, DOT recommended over- head signage. Mr. Vein reported that all additional costs, est. $150,000, between two options and overhead, additional lane width and R/W (off Community National Bank) paid by the City.

Mr. Grasser also reported some operational problems at 24th Ave. S., frontage road in front of Rydell's, they will install center median and northbound traffic forced to take right; they will put right turn off Washington to the service road (to strip mall).

4) NDDOT wants sidewalk installed on property line, with frontage road placed directly against the sidewalk, and traffic signs then be placed in the sidewalk. City wants sidewalk placed a min. of 1 ft. off property line to allow space for placement of signs without trespassing onto private property. City would agree to place on the property line if NDDOT acquires permanent sign and construction easement adj. to sidewalk. Committee questioned whether ADA would allow; ADA requires min. of 36". Committee questioned what about visually impaired.

5) City requested provisions be provided for turn-arounds at dead-end frontage roads; and DOT has proposed to install cul-de-sacs or tees at these locations, additional R/W would have to be acquired and DOT feels that would be City's responsibility to acquire and pay for; also that as right in/right out (which City feels may function better at some locations) was not included in project concept report and cannot be considered.

Mr. Grasser also reported on status of pedestrian underpasses:
1) one at 24th Ave. is planned to be project cost, but City would have to pick up State's 10% portion so 80% federal and 20% City. He stated there is a difficulty in obtaining easement to the east getting into the school; and if don't get easement, unable to continue bikeway/pedestrian path.
2) one near intersection of 32nd Avenue South - that potential
for funding would be through Transp.Enhancement Program, 80% federal, 20% City, but some other costs City will have to pick


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up; however, concern is that they only fund TE projects one year in advance and are now funding 1997 projects, they won't commit to this project until 1997 for 1998, because S. Washington Street being split into two phases; first phase from Hammerling to approx. 24th Ave. S. and second phase from 24th to 32nd/36th in 1998. They are asking City to fund through TE but haven't committed to it. He stated that est. cost in $250,000 range.
3) third one at 17th Ave.S. they have stated they will not participate in, so 100% City cost; they have analyzed and determined that with proximity of service roads, underpass will not work, and are looking at overhead structure, with length of 800 to 1000 ft. and would cost millions of dollars.

After some discussion it was suggested by the committee that Marshall Moore, NDDOT director, and Ray Zink, NDDOT chief engineer be requested to meet with committee re. these matters.

Moved by Klave and Hamerlik that there are certain items on the project whcih are unacceptable and therefore, we should negotiate further with the NDDOT by asking them to come in. Motion carried.

(Committee asked that copies of the Items of Dispute between NDDOt and City re. paving of South Washington Street, Project No. 4225, be attached to the committee minutes for council's information so that they are aware and know they are welcome to attend committee meeting when committee meets with NDDOT)

10. Matter of attorney general's opinion on advertising special
assessment projects.
Mr. Grasser reported that the requirement for the three-week advertising period on projects and advertising in trade journals was referred to attorney general's office, and they issued opinion that on special assessment projects, except sidewalks, those are exempt from the three-week advertising and the trade journal advertising requirement, and put it back into same process as before. He noted that sidewalk projects and any projects in excess of $50,000 continue to fall under those advertising requirements. He reported that advertisements will be provided to the auditor's office and they will submit advertisements; Mr. Schmisek had preference on special assessment projects for them to be acted on by city council for tracking purposes. He stated he talked to Mr. Swanson and his opinion was that they didn't need motion out of committee to change that.

It was also noted that notice has been received that the Grand Forks Herald will be publishing legal notices only on Tuesdays and Saturdays, does impact some notices which have protest period, but will be able to work that out. Information only.

11. Matter of final NDDOT CO #13, Proj. 4126, 32nd Ave.S.

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Mr. Grasser reviewed change order (for change in seed mixture for ditches along S. 42nd Street to quickly establish erosion control), which has both increase and deduct. Moved by Hamerlik and seconded by Klave to approve the change order as follows: $150.83 increase, and $434.25 deduct, for a net deduct of $283.52. Motion carried.

12. Consideration of project construction bids:
a) Proj. 4286, Dist. 352, paving 24th Ave.S. (34-3800 blks.)
Mr. Grasser reviewed tabulation of bids and recommended award to low bidder, Valley Contracting. Moved by Hamerlik and Klave that we accept the low bid of Valley Contracting Company in the amount of $249,129.50. Motion carried.

b) Proj. 4417, Dist. 245, watermain on S. 34th St.
Mr. Grasser reviewed tabulation of bids, and recommended award to low bidder, Soberaski, Inc. Moved by Klave and Hamerlik that we accept the low bid of Soberaski, Inc. in the amount of $62,075.50. Motion carried.

13. Plans and specifications for construction projects:
a) Proj. 4410, Dist. 542, paving S. 34th St (DeMer/17th Ave) Mr. Grasser reviewed plans, which include street lighting, 25% City share for lighting, and that sidewalk will be installed with the project (and assessed). Moved by Klave and Hamerlik 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.

14. Matter of creating special assessment districts:
a) Proj. 4475, Dist. 540, paving 30th Ave.S. (34-38th Sts.)
Mr. Grasser reviewed engineer's report and reported this project is for area behind Menards', have to add catch basins, fire hydrants, etc. apartments being planned to go in and need access; project est. $193,500.

b) Proj. 4483, Dist. 541, paving in Mighty Acres.
Mr. Grasser reported that Tim Crary is requesting paving, and reviewed project, est. cost $143,000.

Moved by Klave and Hamerlik that we adopt resolutions 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 further that we declare intent to sell bonds to finance these improvements. Motion carried.

Meeting adjourned at 8:35 p.m.
Alice Fontaine, City Clerk
Dated: 04/09/96.