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MINUTES/PUBLIC SERVICE COMMITTEE
Monday, September 9, 1996 - 7:00 p.m.

Members present: Hagness, Beyer, Hafner, Klave.

1. Matter of farm lease (pasture land located between city land-
fill and city lagoon.)
Al Grasser, asst. city engineer, reported that Ray LeClerc had met with Larry McEnroe re. increase in lease, and reached agreement. Moved by Beyer and Hagness to approve a five-year lease with Larry McEnroe in the amount of $2300/year, which is a $400 annual increase, that the acreage be reduced by 25 acres for wastewater facility, and realignment of fencing around the 25 acres if City requests. Motion carried.

2. Matter of specs. and call for bids for salt and sand for 1996-97 season.
Chuck Grotte, asst. dir of public works, reported this is annual request. Moved by Beyer and Hagness to approve request. Motion carried. (comm. only)

3. Matter of consideration of bids:
a) single axle truck
Mr. Grotte reported this truck used primarily for pickup of white goods, (appliances), and that there is $24,000 budgeted. He reviewed bids received from Rydell and Reiten & Young which included outright purchase with trade-in of 1978 truck, and bids for leasing of the truck which does not include trade-in. Mr. Grotte stated that after visiting with Mr. Vein and Mr. Schmisek, they are recommending outright purchase of the truck from Rydell Chevrolet Co. He reported that he had checked with finance dept. re. funds and there are sufficient funds in the account. He also reported that they bid diesel truck because of idling time, and change in the operating/ maintenance costs as well as fuel. (It was noted that there are only 3 single-axle vehicles in their whole fleet).

Members Hafner and Klave reported present.

The committee also questioned using new vehicle for this purpose, why air-conditioning, radio, etc. Mr. Hagness stated he would like to see department use current equipment, and rebid with gas engine.

There was some discussion re. usage of the truck, that this truck came up in rotation; Jim Weisenberger stated that the truck used 4 days week year around, with pickup of white goods, etc. 3 out of 4 days; that mileage of current vehicle is 80,000+ miles.

It was also noted by Rydell Chevrolet rep. that gas engine truck would run around $30,000, and to get better price on this vehicle would have to purchase about 10 trucks.

After further discussion it was moved by Hafner and Beyer to

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September 9, 1996 - Page 2

accept the low bid of Rydell Chevrolet in the amount of
$38,103.84, less $2,000 trade-in for 1978 truck, for a net purchase price of $36,103.84. Motion carried; Hagness voted no.

Committee stated that they should bid trucks without air-conditioning in the future; Mr Weisenberger stated this truck used at landfill and that it's really bad out there in the summer dirt, odor. (Mr. Hagness stated he would go out and look at vehicle before council meeting.)

b) truck box and hoist for single axle truck
The committee reviewed bid tabulation and recommendation from Mr. Newman to accept low bid. Moved by Beyer and Hafner to accept the low bid of Dakotah Truck and Equipment in the amount of $7,499. Motion carried; Hagness voted no.

4. Matter of Proj. 4433, Air Base watermain and pump station,
report on bids and award of contract.
a) Contract No. 1, Watermain.
Dean Weiland, CPS, Ltd. and Keith Johnson, asst. city engineer, reviewed bids for project which was bid in 2 parts, for watermain construction and for booster station. Mr. Weiland reported that they received 11 bids on Contract 1, watermain construction, with Robert Gibb & Sons, Inc. out of Fargo, low bidder. He reported that there were two bids not opened: 1) Dunnick Brothers, Inc., Prinsburg, MN because it did not have contractor's license renewal in the envelope attached to the bid envelope, and 2) S. J. Louis Construction, Inc., St. Cloud, MN because it did not have any envelope attached to the bid envelope. He reported that there was some discussion after the bid opening and to ask for city attorney's opinion. Mr. Swanson reported there are two different defects: 1) one appears to be fatal defect, one of S.J. Louis that did not have separate bid bond, that by statute he does not believe council has authority to waive that; 2) with respect to bid of Dunnick Brothers, Inc. the information concerning the contractor's license (certificate number and date) was written on the envelope or materials, that they did not have photocopy of actual license, but was submitted later the same day by FAX He stated his recommendation is that if they find that it is non-substantive item, which he believes it is, they can waive the minor deficiency in the bid submission and recommend to council to open that bid; his recommendation with respect to the other bid is to return that bid unopened.

Moved by Beyer and Hafner not to open the bid of S. J. Louis
Const., Inc. and to return the bid unopened. Motion carried.

Moved by Hafner/Klave to waive minor defect in the bid submission of Dunnick Bros., Inc. and that council open the bid.

Mr. Swanson noted that this is only a recommendation, and if

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September 9, 1996 - Page 3

council concurs, bid would be opened and tabulated along with other bids. A rep. of Dunnick Bros. was present and stated their company has been doing this work since 1984.

Mr. Vein expressed concern that contractors bid and file certi-ficate after bid opening. Mr. Weiland stated that bid specs. very specific re. this requirement. Mr. Grasser stated they would be requesting information from AGC (Assn. General Contractors); Mr. Swanson stated he has FAX from AGC's attorney and their position is that the bid not be opened.

Upon call for the question, the motion carried.

b) Contract No. 2, Booster Station:
Mr. Weiland reported that this bid divided into three parts as required by State law: Contract 2A, General; Contract 2B, Mechanical, and Contract 2C, Electrical, that contractors could bid any of the contracts or a combined bid; that they had a total of 15 bids, that ICS was low on 2A and 2B, but after reviewing their bid and discussing it with them, the estimate on 2B was $180,000 and they made a mistake in their bid, wrote letter requesting their bid be withdrawn; that in looking at the bids they concur that there was a fairly obvious mistake, bid of $58,900. He reported that taking that into account, Construction Associates of Valley City, ND was low bidder on combined bid in the amount of $595,000. He stated his recommendation, after discussion with Charlie Vein of Advanced Engineering, who bid engineering work as subcontractor for them and who concurs, is that we should allow ICS to withdraw their bid and award to Construction Associates.

Moved by Beyer and Klave to allow ICS, Inc., Grand Forks, to withdraw their bid. Motion carried.

After some discussion it was moved by Klave and Hafner to accept the low bid of Construction Associates, Inc., Valley City, for a combination bid for Contract 2 in the amount of $595,000, subject to Air Force concurrence. Motion carried.

5. Matter of Proj. 4045, Water Treatment Plant Modifications
(buyout of NSP materials and equipment at plant).
Mr. Grotte reported that in the project currently under construction, they have added a generator to pretreatment
facility and in order for us to operate the generator which is also connected to the sludge facility and the water treatment facility, we are required by NSP to acquire part of their distribution system (transformers, poles, power lines) so that we can activate our system; and have negotiated price. Brian Poykko, SSR Engineers, reported that the intent of doing this would be primary generator and serving all four existing services for the water system so that we can have a better rate schedule

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that would save approx. $28,000/yr., but to do that need to buy the in-place plant that NSP had, which included 4 pad-mounted transformers and underground distribution between two points of service, and NSP will establish a primary metering point, that there should always be two sources of supply for power to the water plant. He reported they negotiated with NSP and City's cost will be $41,860 (life of the equipment 35 years) and reviewed NSP's pricing policy. He stated that the service NSP providing and for City to get the rate, they require City to take primary metered service by the river, which is our point of service. He stated there is the primary energy rate and rate with the interruptible service.

Moved by Beyer and Hafner to authorize buyout of the materials and equipment at the water plant in the amount of $41,860.00, and to indicate that City unhappy with pricing policy. Carried.

6. Matter of amendment to engineering agreement for Proj. 4377,
Water Reclamation Facilities evaluation.
Harvey Gullicks, A & E, reported on approaches they took to the project and the events that changed the scope of the contract. He stated they were requesting an amendment to increase the max. engineering fees by $11,955.27, which is largely due to change in scope of the project from optimization and improvement of the existing facilities to expansion because of the limited hydraulic and solids flux capacities of the thickener, clarifier, vacuum filters and other equipment identified during the evaluation. He reported that originally were doing what they considered as Phase I, optimization, and hoped to go into Phase II later on but ended up having to combine I and II in the report, the alternatives they looked at. Mr. Hagness stated that City getting more than bargained for upfront, that this was not included in original bid (extra work in second phase, prelim. design, cost, est., report preparation and report presentation) but is more cost efficient to do now. Mr. Gullicks stated that either way (add additional thickening capacity or add additional dewatering capacity), didn't want to add both, would have had to go with building expansion, but by going with the detwatering equipment, they eliminated the need to increase the size of the thickener and provided additional flexibility for dewatering sludge storage and hauling to the landfill. Mr. Hagness stated that advice from A & E has been good for the
upgrade and what we need to meet new guidelines and for upgrading the sludge plant. Mr. Gullicks stated they have notified EPA re. change in schedule. Charlie Vein reported that Congress passed the reauthorization of safe drinking water act, this is something completely different - discharge requirements.

Mrs. Beyer asked what cost is of construction of their recommend- ations; Mr. Grotte stated about $9 million now vs. $6.5, but that eliminates the second phase and ultimately saves us $3 million
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over the course of both phases. It was also noted that when phases combined are able to get the money at 3% from State Revolving Fund (if Phase II separate would have had to use regular financing). Tom Hanson, WFW, stated that when using monies from State Revolving Fund, that brings in Davis-Bacon Act, which increases project cost 8 to 10%, need to look at that and at financing to make sure payback is there. Mr. Grasser stated they are aware of that.

Moved by Beyer and Klave to approve amendment to the agreement in the amount of $11,955.27. Motion carried.

7. Plans and specs. for Proj. 4435, water intake improvements.
Charlie Vein, A & E, presented plans and specifications for approval and authorization to advertise for bids. Mr. Grotte reported est. cost of the project is $794,000, and that $800,000 is budgeted. Mr. Vein stated that project involves putting in two meter stations that meter water from the Red River and Red Lake River independently, currently no meters so don't know how much water getting from each of the rivers; doing major work in the new Red River and minor work in the Red Lake River intakes, and control work at Almonte station; replacing motor starters and putting in variable speed drives allowing them to control flows coming from the rivers. He stated there is quite a bit of difference in water quality between the two rivers and there will be times when they want to adjust to optimize the treatment. It was reported that the did underground in 1992, this is pumps and controls. Mr. Vein stated the City will save treatment costs by being able to control amount of flow from each river, save pumping costs, and allows pumping of varying amounts; dealing with reliability issue, original equipment 30 years old. It was noted that cost included in utility rates for 1997.

Moved by Beyer and Hafner to approve plans and specifications and to authorize call for bids, contingent upon engineer's approval. Motion carried.

8. Cert. of substantial completion, Proj. 3945, U.S. Hwy. 2
Beautification; fencing.
Hugh Veit, KBM, Inc. reported this is certificate of sub- stantial completion for the contractor, however, with the adding of the murals and lighting of the murals, they are looking to add lighting to this contract as a change order, with a subcontrac- tor, and change order would modify the certificate. It was noted that the punch list has been completed. Mr. Vein recommended holding until get electrical work done, est. $13-14,000 for lighting. Mr. Veit stated electrical work under negotiation; that if can do through change order on original contract, can secure federal funding. Held in committee.

9. Change Order #1, Proj. 4260, Mill Road Bridge.

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Mr. Veit reviewed change order in the amount of $12,060.56; that when they took out the old bridge were planning to cut abutments down 5 ft. but as soon as started digging abutments let loose, so had to remove; funding 80%-20%. Moved by Beyer and Klave to approve change order in the amount of $12,060.56, with 20% City share. Motion carried.

10. Plans and specifications for:
a) Proj. 4186, landfill closure
Mr. Grasser reported that this is the second phase of the landfill closure, under timetable to close out landfill and close off in phases, cost for this phase about $500,000. He stated that when closing off landfill, State has procedure and require- ments that have to be met; on each cell have to put on 6" of cover each day, when finish off an area the landfill process is to put on 12" of soil as an intermediate cover, and then 3 ft. of final cover which consists of 6" of top soil, 12" of uncompacted clay cap, 18" of compacted clay; and in addition to that have to vent gases from landfill. He noted that they will have to start importing dirt from other projects; landfill to be phased out by October, 1998.

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

b) Proj. 4450, 1996 sanitary sewer rehab.
Mr. Grasser reported that in televising sewer found section in 800 block of Belmont that is collapsed, will slip-line sewer and reconnect, est. cost $3500 which will come out of Sanitary Sewer Rehab Fund; the other phase is area where have collapsed pipes near manhole at intersection of Minnesota and 3rd and have to get done before next flood, est. cost $8,000. It was noted that this won't be in area of overlay on Minnesota.

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

c) Proj. 4536, watermain extension 15th Avenue South
d) Proj. 4535, sanitary sewer extension, 15th Avenue South
Mr. Pribula reported this is small water and sewer project that will be financed with private money to serve Kuster farmstead just north of 17th, 10 lots, and this project will
serve 5 of those lots, balance of lots served from the west in future project. He stated they want to get in yet this fall. Moved by Beyer and Hafner to approve plans and specifications, contingent upon engineer's comments. Motion carried.

11. Matter of 1996 project list (info. only).
Mr. Grasser submitted listing of 1996 project schedule for committee's information and review.


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Mr. Grasser reported that BN has scheduled work on Proj. No. 4379, RR crossings at 5th for this week; they are also planning to do 3rd and 4th next week at no material cost to the City; however, City will do asphalt work on the street, and will be coming in with change order to the asphalt street repair project. He noted that these will be concrete crossings.

He also reported that the plan for overlay on Minnesota Avenue is that Valley will go in and put on skin of fine mix, let sit for week or so and let traffic drive mix into cracks in street, and then put in final overlay. (2 block stretch on Minnesota)

12. Landfill siting update.
Linda Kingery, Dist. IV Solid Waste Mgmt. Board, Tom Hanson, WFW, and Chuck Grotte presented information. Copies of reports on evaluation of 11 parcels of land for landfill site, evaluation criteria, and map show location of final four sites as well as preliminary sites and other sites considered was presented.

Mr. Hanson rviewed process they went through to this point in collection of site data and evaluation of sites and went through process which wasn't capricious and arbitrary so if had to go through condemnation, were in a position to do that. He stated that they are now finalizing selection of sites, about 2 1/2 months behind schedule, problem is they need to go through all regulatory steps shown on the chart, and be ready to start construction in spring of 1998, that there is lot of work left to be done.

Ms. Kingery reviewed scoring system for landfill site evaluation criteria, what was considered and how scored; that they had about 200 quarters sections of land that were not excluded by regula- tory reasons and scored well and all located in northeast part of the county (in four townships - Levant, Ferry, Turtle River and Lakeville). She stated they need about a full section of land and wanted to do quarter sections because need 640 acres that are somewhat contiguously arranged. She reported that Mr. Robinson from Burns & McDonnell came and toured area, and picked 7 sites. She stated that at the end of June they notified landowners in the 8 target townships and asked if anyone was willing to sell to contact the City, did get several parcels offered to the City and 11 parcels summarized on score sheet.

Mr. Grotte stated they wanted to bring to committee's attention because they did send letters out to the four property owners last Friday and getting ready to send out another copy of news- letter which updates status of process; that next step is to get permission from landowners to do soil borings and put in water level monitoring wells on the four final sites. Mr. Hanson stated their contract talks about evaluating three sites, that
third site ended up being a tie, so discussion in group was to
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proceed and get information on all four sites.

Ms. Kingery also informed committee that Hwy. No.1 will need fairly significant improvements to handle traffic if one of those sites chosen. It was est. $500/800,000 of initial investment for every mile of road.

There was some discussion re. condemnation proceedings. Mr. Swanson stated that there is no quick take for landfills; that through Home Rule Charter could adopt ordinance giving ourselves quick take authority outside the city limits to do that; that Home Rule Charter does give us authority to adopt ordinances re. eminent domain. He stated that potentially have two arguments on our hands: 1) whether have ability to do it, and 2) whether for proper public purpose and if so, what is value of the land. He stated that he thought that if they were litigating only the issue of value of land, wouldn't have that determined for 6-12 months; if appeal, add 9 months to that; and looking at somewhere between 15-21 before get title to land; by adopting ordinance create beneficial law to the city that would be helpful down the road. He stated that process off a whole year. Mr. Hanson stated that landfill has to be in operation by fall of 1998.

The committee asked when soil testing done, and Mr. Hanson stated within 2 weeks (have to have permission from landowner or township Board). Mr. Swanson stated that Levant Township Board has already hired counsel. Mr. Hanson outlined process they have to follow: 1) results of tests submitted to State Health Depart- ment for review within 90 days, 2) estimate cost and develop siting report, and council will make preliminary site selection, 3) detailed hydro-geological study plan which is submitted to State Dept. of Health for review within 60 days, 4) do study and submit that to Health Department for review, 5) make final selection, prepare permit application for review by State Health Department, 6) then they send report to County for optional vote that they have authority to do, 7) public hearing and 8) permit issued. He stated condemnation proceedings could be started when make preliminary site selection. He stated that it would be approx. 6 1/2 months before preliminary site selection.

Information only.

Meeting adjourned at 9:10 p.m.

Alice Fontaine
City Clerk

Dated: 9/11/96.