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MINUTES/PUBLIC SERVICE COMMITTEE
MONDAY, April 13, 1998 - 7:00 p.m.

Members present: Hagness, Hafner, Klave.

1. Matter of outstanding bill for Paving Project No. 4414,
paving 47th Ave.S., Grand Forks Township.
John Drees rep. Grand Forks Township, was present. Hagness reported that the question is whether the $5,000 City thought was a commitment from the Township which hasn't been paid. Mr. Drees reported that when they met with Mr. Bushfield and the Park Board the paving project was going to be on Columbia Road, not on 47th Avenue S., and that the Township would pay up to $15,000 for Columbia Road, and everyone agreed.

Klave reported present.

Mr. Drees stated he was informed by Mr. Bushfield that they didn't have enough money so do 47th Avenue, and he stated that 47th didn't help Township (only 3 people living on that road) and Township wouldn't spend that amount of money, but Mr. Bushfield included that Township was added to make sure everyone partici-pated. He stated it was left at that and year later they re-ceived bill for $5,000. He stated that he reviewed minutes and didn't discuss 47th Avenue S. paving. He stated they perhaps saved some money because of paving 47th and in answer to Hagness' question re. willing to pay $15,000 for Columbia Road, but with total budget of $30,000, and dependent on how much taxable land City taking. Hagness asked that he go back to Township Board to see if they are willing to contribute to Columbia Road. Mr. Drees stated it would depend on timing as other work also has to be done.

Mr. Grasser reported that plans and specs. are being considered tonight, open bids middle of May and get work done June/July; annexation depends on development; problem with Williams Bros. pipeline, can't do much until get pipeline moved.

It was noted that the participation for 47th Avenue South was as follows: State $175,000; City $125,000; Park District $50,000; Softball Assn. $10,000 and Grand Forks Township $5,000, and that City donated some engineering. No commitment from the County. Mr. Drees also noted they had written contract with the Park District re. upkeep on 47th and Township do snow removal.

Moved by Klave and Hafner to receive and file. Motion carried

Hagness asked Mr. Drees to request on behalf of committee and find out if Board willing to look at Columbia Road and living up to their original agreement and for response back.

9. Plans and specifications for various projects:
g) Proj. 4756, rehabilitate/reconstruct Belmont Road (47th to
55th Aves.S.)

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Hugh Veit, KBM, Inc. was present. Mr. Grasser reported there was survey done, that City has ER money to do road but only to make emergency repair (remove, compact and lay additional asphalt on the road) and wouldn't cost residents any out of pocket expenses, but wanted to alert neighborhood that those moneys could be applied to the permanent urban section (typical assess-ment $800-1,000 but if fronting street, $2500 to $3000) and didn't address storm sewer and wanted to get reaction from neighborhood (this street would have to out-compete downtown - Minnesota and 4th Ave.S.) so federal money won't be there; st. cost $250,000. Monies available 25% of what need to put into urban section plus storm sewer but until get into preliminary design can't get into storm sewer costs (or approx. $35-40 running foot and is ballpark figure). It was noted that tempo-rary repairs 4 to 8 years. Klave reported response he received from residents was that they would like to see an urban section but don't want to wait two years for it - get road done now. Mr. Grasser reported they would have to do storm sewer first, etc. and with everything on calendar would they be able to do any-thing.

C.T. Marhula asked how many times neighborhood disrupted, storm sewer, then 52nd, little concerned if not done this year. Klave also noted that there's another problem - speed is real concern. Mr. Marhula stated he would like urban section; but survey noted that most residents responding favor construction new road similar in type to pre-flood Belmont Road. It was also noted that storm sewer is not protestable.

After further discussion it was moved by Klave and Hafner that we approve plans and specifications for construction of overlay and call for bids with due date of May 15. Motion carried.

9. f) Proj. 4746, paving S. Columbia Road (36th Ave.S. to Ulland
Park)
Mr. Veit reported they presented preliminary engineering report two weeks ago and approved by committee with recommenda-tion to look at pave-ment section for 10 to 15 year life period; since that time performed additional soil evaluation based on traffic counts for that period, met with Mark Walker and after reviewing findings of additional soils evaluation based on the pavement section to a pavement section which is plans and specif-ication for that alternative, and are asking for approval of plans and specifications and advertisement for bid date of May 11. He reported they are still within $600,000/650,000 and includes 47th Ave.S. (portion not paved now) and will try to work with black di-rt under there, put in heavy pavement section and include drain-age as much as can (excavate to cut section, put fabric down, 24" of aggregate and up to 6" of bitumi-nous).

Mr. Drees asked when they would get at work because they are

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adding rock and heavy layer of gravel, but because of construc-tion dates that Township do touch up work for another month to make passable. Mr. Drees stated that with Hwy. 81 being worked on, will be a heavily traveled road.

Moved by Klave and Hafner to approve plans and specifications for construction and call for bids with due date of May 11. Motion carried.

2. Matter of consider-ation of an ordinance concerning connection
fees and special assessments. Howard Swanson, city attorney, reported that the City has been using connection fees for various types of projects for a number of years, that the authority to impose connection fees are scattered throughout the Code and have used connection fees for streets, sidewalks and bikepaths and other projects, but was more mainstream financing pool and suggested formalizing process and have done that through use of resolution (establish district, calculate benefit, etc. and impose, and set for types of projects that connection fees can be used for and process, and have at-tempted to follow exactly what process the committee has been using but codifying the process. He stated he is contemplating putting into section under authority by the city council.

Mr. Swanson reported that the second ordinance in packet not requesting any action but needs more work and ordinance was intended to contemplate situation where have already created connection fee district and have imposed at previous time your connection fees and are now bringing that property into the city and wish to alter the timetable of fees, or convert the connec-tion fees (tapping fees) into a special assessment. He also noted that the way this ordinance drafted is that connection fees can be applied to properties in the city limits or outside the city limits and could use in option of special assessments and cannot charge interest on connection fees is that there's future benefit to be derived so balance principal cost of putting in impr-ovement vs. depreciation, and one of the calculations is actually calculate out the life span of the project. He stated downside of connection fee is that in theory and practice de-signed to never recover 100% of cost.

Moved by Hafner and Klave to approve ordinance and introduce for first reading. Motion carried.

3. Matter of consideration of ordinance relating to eminent
domain for public projects and uses.
Mr. Swanson reported that he has drafted ordinance which promulgates by ordinance authority for City to use eminent domain for various types of projects; outlining types of projects and primarily of public benefit and are in many respects are same types of projects that you ultimately could use special assess-

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ment or connection fees. He stated that under the Home Rule Authority and NDCC one of the first powers listed is the ability to use eminent domain, and is proposing that the City consider adopting the ordinance and to formalize policies as to what process or procedures would use when utilizing eminent domain. He reported that the only difference in this ordinance and what is codified in State law is that in certain projects we are expand-ing the ability to use quick take and will be an issue if and when southend development moves forward. He stated they are using quick take for construction of southend drainway and will become effective when attempting to locate the landfill site, and under this ordinance would have benefit for quick take for land-fill and also for expansion of utilities in southend develop-ment and other rights of way for that. He stated that there have been questions raised as to whether City has quick take for flood control, and we clearly do (used in Thompson dry dam, etc.) and that issue is not a real issue.

Mrs. Brenda Johnson and Mrs. Lloyd questioned what ordinance will do. Mr. Swanson reported that the law on eminent domain that they would be relying on for acquisition is combination of federal and state law, and this law doesn't change in any respect the authority that we already have for flood control acquisition, in fact it is incorrect to assume that this ordinance is a result of flood control mitigation activities.

Mrs. Johnson stated that they have this on eminent domain and have papers on relocation and now have before council, and that they don't agree and nothing to show that they work together, that they are losing their homes. Mr. Swanson stated that he disagrees that there are inconsistencies, Uniform Relocation Act
doesn't have any application here, that Uniform Relocation Act is an independent law that is independent of eminent domain. He stated that it is incorrect to assume that this ordinance is in direct response to any acquisition efforts, could be used for acquisition, but doesn't change what the present provision in NDCC is for eminent domain, but does allow City to use quick take authority for siting of landfill and for installation of utili-ties outside the city limits. He stated that with respect to flood control and acquisition of property for construction of flood control, already have quick take and this ordinance won't change that (and is in Century Code, State law). He stated this ordinance doesn't alter existing law with regard to dike lines.

Mrs. Johnson stated they need lot of verification re. process of acquiring of property, needs to meet with her people and come up with plan; and that City needs advisory committee of people along the dike line to run these things past residents to get reaction, etc. It was also noted that acquisition is now voluntary. Mrs. Johnson stated they need to know what process is going to be as soon as possible, knows can't have timelines but living in limbo

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ais stressful; neighborhood meetings would be good with represen-tatives, that townhall meeting not that good. Mrs. Johnson stated that their fear is that council will decide it all before they have any input, and suggested that council organize meet-ings.

Mr. Vein stated they would like to meet with focus groups and do more one to one dialogue.

Mrs. Lloyd stated that how will this ordinance, even if coincides with Century Code, affect them - and will quick take be a very last resort when exhausted all of the processes in Relocation Act is that when quick take will take over, or will quick take happen before all steps answered in Relocation Act. She stated that is what they will assume City will do and unless something written. Hafner stated that they need to be in the group and helping within.

Mr. Swanson reported that he has been doing city attorney work for the City since 1984 and in those years have had two eminent domain proceedings (one English Coulee Diversion project and Southend Drainway) and all other right of way acquisitions have been acquired through negotiations; he stated that the City does have a lever that if negotiations are progressing in good faith the City can accelerate the process by using eminent domain. He stated that by going into eminent domain the rights are more clearly defined, and does change process in manner in which City acquires "the title", under traditional eminent domain proceeding you do not acquire title to the property until there's been full indication of value, in quick take the Court may issue the order giving title before valuation is adjudicated. Mrs. Lloyd stated that's their point, that this could happen and wouldn't have to go through other things. Mr. Swanson also stated that his client is the City of Grand Forks and his responsibility is to the City, that he is not a public attorney providing public information or advise; their best alternative in obtaining what their rights are is not through city attorney's office but are potential conflict of interest in dispensing that information. He stated they will identify documents, statutes and laws but will not interpret those for purposes of advising a homeowner. Hafner stated that just because those laws are there that isn't council's desire to do. Mr. Swanson also reported that they have been interviewing firms to act in the role of relocation counselor and are in process of evaluating those resumes, that City and State have never been through an acquisition program of this nature and because of funding issues and location of levee alignment are still unknown quantities, can't give definitive answers across the board.

Mr. Swanson stated that this ordinance brought forward for consideration, is an effort to expand the quick take authori-ty

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under our Home Rule Authority for certain types of pro-jects (landfill). He stated that in any decision on utilizing quick take the council has to pass an initial resolution authorizing the taking.

Moved by Hafner and Klave to approve ordinance and introduce for first reading. Motion carried.

4. Change Order No. 1, Proj. 4433, Booster Station.
Keith Johnson, asst. city engineer, reported there are three changes that have been made in June 1997: granular fill under floor ($6,924), repaint louvers and brick selection for total of $7,564. Mark Lambrecht, CPS, reported that the City contracted with them and worked with Advanced Eng. to design the booster station, and did bring in need for gravel fill when soil found to be unstable but contractor had quoted between $12-13,000 and figured that fair value for the work seemed to be $8,000 and Mr. Johnson wrote letter to that effect and directed contractor to do the work and keep track of work actually formed and when account-ing done, was $6900. He stated that the recognized change order and were in contact with City staff and waited to reconcile the number of small items, which were three. Moved by Hafner and Klave to approve change order in the amount of $7,564.00. Motion carried.

6. Matter of 3-way agreements for Proj. 4774 and 4775, sanitary sewer and watermain to Mighty Acres 2nd Addn.
Mr. Grasser reported there is communication from Tim Crary who is in process of doing an extension of Mighty Acres to the south and butts up to Southend Drainway and he has asked to be allowed to hire CPS to do the utilities and City special assess the storm sewer and paving. He reported that the sewer and water do not total up to the 50% upfront money and Mr. Crary asked that whatever difference be done with a letter of credit. Moved by Hafner and Klave to authorize entering into an agreement with Crary Homes & Real Estate and CPS, Ltd. Motion carried.

7. Matter of 3-way agreement for Projs. 4586, 4587 and 4588, sanitary sewer, watermain and storm sewer in Country View Re-
subdivision (information only). Mr. Grasser reported they have agreement from 1996 and proceed with that agreement with Darrel Adams, developer. Mr. Vein reported they still have potential alignment out there and basic question is where does it turn to go south, that his recol-lection is that it turns to go south of this property and have to be aware and possibly limit development to make sure didn't have conflict with levee alignment. Mr. Grasser reported that they may need to modify plat and limiting easterly extension of the subdivision until such time as the dike goes in, and that devel-oper won't get any city utilities out there and is aware of inability to get sanitary sewer out there.

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Moved by Klave and Hafner to approve continuation of previously signed agreement with developer and engineer. Motion carried.

8. Matter of creating special assessment dists. various projs.: a) Proj. 4496, Dist. 394, san. sewer on 6th Ave.N. (N. 52nd
to 55th Street)
b) Proj. 4497, Dist 261, watermain on 6th Ave.N. (N. 52nd to
55th Street)

Mr. Grasser reported they have been requested by Urban Development to do a number of things in Congressional Subdiv. and this is memo of what have been asked to do - install sanitary sewer and water so get area finished so can get paved and are asking that it be special assessed (will pay off when sell homes). It was noted that special assessment districts are the same.

Moved by Hafner and Klave to adopt a resolution creating the assessment district, approving the engineer's report, including estimate of cost, an assessment district ma, and further that we pass a resolution instructing the city engineer to prepare detailed plans and specifications and that we declare intent to sell bonds to finance these improvements. Motion carried. (motion same for both projects)

9. Plans and specifications for various projects:
a) Proj. 4519, Dist 381, sanitary sewer on Cherry St. from
47th Ave.S. to Southend Drainway.
b) Proj. 4520, Dist. 252, watermain on Cherry St. from 47th
Ave.S. to Southend Drainway
c) Proj. 4521, Dist. 382, storm sewer on Cherry St. from 47th
Ave.S. to Southend Drainway
Mr. Grasser reviewed plans and specs. to provide utilities and is what Mighty Acres 2nd Subdiv. will connect into to drain sewer and connect water; paving will be brought in later. Moved by Klave and Hafner 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. (same motion for all three items)

d) Proj. 4707, Dist 393, storm sewer to serve new middle school on 47th Ave.S.
Mr. Lambrecht reported they did project on behalf of City and connects new middle school site to the drainway, segment of storm sewer on 47th Ave.S. Moved by Hafner and Klave - same motion as above).

e) Proj. 4780, Dist. 383, san. sewer on N. 55th St. (10th
to 12th Aves.N.)
Mr. Grasser reported this is carryover from last year from Val-ley Petroleum to get sanitary sewer to their building on N.

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55th, held off until knew how utilities develop in Congressional, and will have to go back and put sewer in on 55th. Moved by Klave and Hafner (same motion as above).

10. Matter of consideration of construction bids for Proj. 4758,
watermain repair on S. 5th Street at RR tracks.
Mr. Grasser reviewed bids for watermain replacement at RR tracks and interconnect on 2nd Ave.N., that Molstad Excavating is low bidder in the amounts of $13,720 and $8,000 for a total bid of $21,720. Moved by Klave and Hafner to accept the low bid of Molstad Excavating. Motion carried.

11. Change Order No. 4, Proj. 4225, paving S. Wash. St.
Mr. Grasser reviewed change order for flapgates on Washington in the amount of $40,534.49. He reported that there was concern by public by losing Washington Street as a barrier, Wash. St. lowered about 18" which still leaves berm there for third line of defense, but storm sewer will provide a lot of connects through that barrier, and included flapgates so water couldn't migrate from east to west; that project written as participating project and federal govt. share in 90% (80-10-10) of total project costs. Moved by Klave and Hafner to approve change order in the amount of $40,534.49. Motion carried.

12. Matter of status of mill and overlay downtown streets.
Mr. Grasser reported they did presentation last week to Flood Response and seemed to be consensus of that committee, without official motion, that it would make sense to delay project due to construction activities downtown and because of having to do something with watermains downtown. Moved by Klave and Hafner to delay this project until next year.

Hafner stated that if do anything at all should do main line for water so if have major breaks not lose to Air Base or northe-nd. Mr. Grasser stated that they are going to be investigating some funding (1) either $5 to $6 million to do all of the watermains downtown, and 2) $3.5 million in overlay and do trunk line down 4th Street and mains around new buildings. It was noted that the mill and overlay is a temporary solution. Motion carried.

13. Matter of selection of eng. firm to add second pumping module to storm pumping station 84 (N. 55th and 6th Ave.N.)
Mr. Grasser reported they identified that they will need to add another module to the pumping station, that when original project went through there was an EDA grant to take care of the existing residential developments, and rather than putting in full lift station it was built to meet immediate drainage needs and was set that modules could be added as development occurred. He stated that with Congressional Subs. being built, need to add the second module and as continue to develop west of 55th, have to add third and fourth modules. He stated they were asking that MINUTES/PUBLIC SERVICE COMMITTEE
April 13, 1998 - Page 9

this be special assessed and is local project so can select eng. firm off base RFP and recommended selection of Webster, Foster & Weston to do that as they were designers of the original station. Moved by Hafner and Klave to select firm of Webster, Foster & Weston as engineer for the project. Motion carried.

14. Matter of selection committee for southend development
consultant.
Mr. Grasser reported they have an RFP out for consulting services for the potential southend development, and asked what involvement the committee might like to have in that selection pr-ocess, there will be 3 or 4 members of engineering staff and wanted to see if committee members attend. Klave and Hagness volunteered to be part of the committee.

15. Matter of special public service committee meeting 4/20/98
(for award of Proj. 4782, san.sewer repair on Univ. Ave.)
Committee stated they will meet 15 minutes before the council meeting.

16. Matter of two-way agreement for Project 4596, grading,
(graveling and storm sewer on 20th Ave.N. and N.44th St.
Mr. Grasser reported that Jim Senske, Senske & Son Transfer, is requesting agreement to construct work for road grading, graveling and storm sewer meeting City specs. Moved by Hafner and Klave to authorize entering into the agreement with Jim Senske, Senske & Son Transfer. Motion carried.

17. Matter of emergency repairs on downtown sanitary sewer.
Mr. Grasser reported that in investigating videos downtown found that some of the sewers adjacent to the pile driving operat-ions going on that had sustained some flood damage and concerned that activity will further damage those pipes, talked with Mortenson, and presented map showing sewer lines. Tom Hanson reported that they needed to treat as an emergency situation and to have Insituform install liner in amount of $51,360.00, and reviewed plans and specs. He also noted that engineering fees aren't discussed here, and there's potential these could cause some overruns. He also noted that several things have already been done - videos, measured sewers. He noted that original pipe is clay and insituform installed from above with no excavation (fiberglass type material) Mr. Grasser reported that they have told Mortenson's is that their pile driving contractor will be responsible for any kind of damages that occur to the pipes, that ones not proposing to line were put in the 70's, videoed and they are in good shape, and can document if damaged. He reported that the problem they have on these is having documented that there is existing damage it would be hard to go back and have contractor make a repair, and attribute to his pile driving operation and put these in good shape, and now if damage go to contractor. Mr. Grasser reported they will go to DSR's for primary source of

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funding and then to CDBG backup. Moved by Klave and Hafner to authorize entering into contract with Insituform in the amount of $51,360.00. Motion carried.

5. Matter of GIS (Geographic Information System) presenta-tion.
Advanced Engineering & Environmental Services, Inc. represen-tatives made video presentation of this system - demonstration showing involves City of Larimore, that they performed control surveys and created plats, utility maps and information taken into GIS and is basically the linking of data base information with a map on the computer. (showing plat map of city of Larimor-e, and showed various types of information with the map - waterli-ne system (location of gate valves, hydrants, wells, etc.) and asking questions of map - length of pipe, cast iron, in-stalled gate and name of contractor who installed). Any type of informa-tion on a table can be linked to the map.

They reviewed information re. sewer lines, signs, street light-ings, sidewalks, trees, 911, etc. It was noted could be used by all types of entities - assessing, zoning, pictures of streets, etc. There was some discussion re. cost of system, maintenance of system, etc., that cost of mapping was $60,000 sq.mile - $90/acre. Committee questioned taking bids but Ken Vein noted that they would have to have funding source before go through time and effort of doing specs., demon-strate abilities and try to establish funding source before bidding; and stated they could put together potential funding list and bring back to committee. It was noted this would be public information and used by anyone who wanted access to it. Informa-tion.

17. Budget transfer.
Water Treatment Plant - $2500
To cover non-budgeted amount for furniture/fixtures. Moved by Klave and Hafner to approve budget amendment. Motion carried.
(This is budget transfer and does not need committee action).

Meeting adjourned at 9:30 p.m.

Alice Fontaine
City Clerk

Dated: 4/15/98