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MINUTES/PUBLIC SERVICE COMMITTEE
Monday, March 29, 1999 - 7:00 p.m.

Members present: Hafner, Klave, Lucke.

1. Applications for moving permits:
a. David T. Burris - dwelling from 309 S. 5th Street to 405
S. 5th Street.
b) City of Grand Fork - bldg. from 201 S. 3rd St. to 307
Division Avenue - commercial building
c) City of Grand Forks - building from 1406 Lewis Blvd. to 610 Chestnut St. - two-car garage.
Mark Saunders, eng. dept., distributed information and pictures on the buildings, and no problems with the buildings. Moved by Hafner and Lucke to approve applications for moving permits subject to the public hearings. Motion carried.

2. Matter of engineering services agreement with Malcolm Pirnie
for preliminary phase services evaluation of public vs.
private operations of the wastewater treatment plant._______
Steve Burian, A/E and are subconsultant to Malcolm Pirnie on the project and because of their distance from city asked him to represent them tonight in presenting this; that in preparation for staffing the wastewater treatment plant the City is interested in evaluating municipalization or creating another municipal utility to run the wastewater plant vs. privatization where a private company come in and run all components of the wastewater treatment plant, that request for qualification was published by the City, and had several consultants who responded and Malcolm Pirnie and Advanced Engineering, subconsultants, was most qualified and had preliminary meeting with the City and discussed the proposal, which looks at five preliminary tasks: 1) identifying the issues, 2) establishing City budget if they were to have their own utility, 3) conducting a benchmarking survey of other privatized utilities and public utilities, 4) and 5) are conducting impact analysis on both non-routine tasks that a utility might do within itself as well as the financial impacts within a community for both municipalization and privatization. He stated that Task 1) is the most important in trying to identify issues because this is new for the City, and they proposed to have a workshop where reps. from Malcolm Pirnie, A/E and the City would discuss those issues to prioritize them and help define the scope for the rest of the project, and Malcolm Pirnie has submitted to Mike Shea as environmental coordinator a proposal with a not to exceed budget of $10,000 and includes hourly rates for Malcolm Pirnie and A/E. He asked for authorization of the agreement.
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Hafner stated this is like an investigative group to find out exactly what the wants and needs of the City are and to establish the baseline of where it’s going to go afterwards. He stated if they were really serious about privatization have to do this. Hafner moved to authorize entering into an agreement with Malcolm Pirnie, Inc. in an amount not to exceed $10,000; Lucke seconded the motion. Motion carried.

3. Budget amendments:
a) Stormwater Utility - $20,000
Charles Grotte, public works, reviewed amendment to fund stormwater study that was previously approved (graduate student from UND) and will be looking at flow and analysis of the stormwater, and is in preparation for new more stringent stormwater regulations that will be coming up in the next couple years and give us an idea of what’s in the water, etc. Amendment is from cash carryover to consultant. Moved by Hafner and Lucke to approve amendment. Motion carried.

b) Water Treatment Plant - $10,810
Mr. Grotte reported this is to cover work done last year or early this year to replace control valves on the high services pumps, budget amendment made last year but invoices came in too late and not paid, and need to rebudget; work has been done. Moved by Lucke and Hafner to approve amendment. Motion carried.

4. Matter of preliminary report and status updates for repair
of flood damaged sanitary and storm sewers._______________
Tom Hanson, WFW, reported that back in July of 1998 they initially presented numbers and reviewed information on sanitary and storm sewer restoration that have been awarded to date: About half done, and most of the projects running under what they originally estimated, there is a trend that the storm areas are running higher than planned and CDBG amounts are right at the max. while FEMA numbers are little under what originally estimated. He stated they’ve completed Area 1, Area 2 has been awarded, Area 4 awarded and Area 1, sanitary in bid process and at next meeting bring storm project for Area 1 in. He stated they were making good progress in getting these under contract, they’ve actually started some of the work on the sanitary system in Area 2 and both storm contracts waiting until the water goes down before getting into the storm sewers. Information.

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5. Matter of paving and utilities for southend dire station.
Al Grasser, asst. city engineer, stated they met with the fire department who is anxious to get their building up this fall and made a request for utilities, that there’s a timetable and trying to schedule to get paving and utilities in by this fall to coincide with the potential opening of the station, and stated it can be done, one of the problems is getting the sanitary sewer in because can’t install until another sewer comes in to take up the load from the temporary lift station behind Wal-Mart, and have to wait for that project to be completed before starting the next, and that dictates when the street paving can come it. He stated that the station is just south of 36th Avenue South, second lot in, and this extension from 36th Avenue would extend south about 500 ft. to service the fire station. Moved by Hafner and Lucke to authorize city engineering department to prepare plans and specifications for the utilities. Motion carried.

6. Matter of amended 3-way agreement for Proj. 4747, watermain
on S. 42nd Street from 32nd Avenue to 800 ft. south.________
Mr. Grasser stated that agreement with Cummins Diesel was signed over a year ago, and written several letters outlining steps they need to go through but they haven’t been following, that the date of the agreement expired December 31, 1998 and need to have agreement amended, they want to install a watermain on 42nd Street at their expense which would go from 32nd Ave. S. south to the end of their property line 600 to 800 ft. and will take care of sanitary sewer privately with GFEG, and requested authorization to amend the three-way agreement to do a time extension. Moved by Lucke and Hafner to amend the three-way agreement with Cummings Diesel to extend the agreement for installation of watermain. Motion carried.

7. Matter of Amendment No. 3 (design engineering) with A/E for
Proj. 4980, Downtown Streetscape Project (CDBG)____________
Lisa Johnson, A/E, presented copies of contract for the project; that about a month ago presented the Downtown Streetscape concept plan which was approved by council, and now are in the process to continue on with the design service phase, est. cost for the project is $1.57 million with engineering services comes to about $1.7 million. She stated area they will be designing is north of the RR tracks bounded by the River and including 4th Street and DeMers Avenue from Bridge to DeMers overpass. She stated they will be utilizing CPS to be doing
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civil engineering work and SSR to be doing electrical engineering work, anticipate this project to be bid middle of June, hope to start construction the middle of August and complete the project the fall of this year; and depends on if sewer repairs, watermain replacement and curb and gutter replacement is done in a timely fashion. She stated that the contract amendment was approved by the DDC a couple weeks ago; and project funded through CDBG. Moved by Hafner and Lucke to approve Amendment No. 3 to the engineering agreement for the project in the amount of $134,285, CDBG funding. Motion carried.

8. Matter of creating special assessment districts for various
projects:__________________________________________________
a) Proj. 4991, Dist. 402, sanitary sewer in South Pines Addn.
b) Proj. 4992, Dist. 267, watermain in South Pines Addn.
c) Proj. 4993, Dist. 403, storm sewer in South Pines Addn.
Lon Aune distributed maps and engineer’s reports for the three projects relating to South Pines Addition, which is a townhome subdivision located just south of property of Grand Forks Christen School, the drainway will serve as south boundary of the property, Cherry Street will be easterly boundary, and are looking to create the assessment districts; that they do need staff’s review completed and are in process of doing that. He stated platting for this is in process and has been delivered to Planning Department for signature. (Motion is for each of the projects). Moved by Lucke and Hafner that we adopt a resolution 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 that we declare intent to sell bonds to finance these improvements.
Motion carried.

d) Proj. 5001, Dist. 268, watermain on 36th Ave. S. from
Columbia Road to 30th Street
e) Proj. 5002, Dist. 404, storm sewer on 36th Ave. S. from
Columbia Road to 30th Street.
Held in committee as developer has not submitted their plan application.

9. Matter of plans and specifications for various projects:
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a) Proj. 4924, storm on Columbia from 36th to 40th Ave. (CDBG)
b) Proj. 4875, storm on Columbia from 40th to 51st Ave. (CDBG)
c) Proj. 4878, watermain on S. Columbia Rd. from 36th to 47th
Avenue (CDBG)
d) Proj. 4881, water on 47th Ave. S. (Columbia to 20th St.)
(CDBG)
e) Proj. 4925, storm on 47th Ave. S. (Columbia to 20th St.
(CDBG)
Mr. Aune reviewed a) through e) and recommended approval of plans and specifications for these projects, and that plans and specs. are with city staff for review and approval. He stated watermain will be on north side of 47th and storm sewer on south side, and on Columbia Road everything on the west side opposition of Williams pipeline, and those locations negotiated with Williams and are consistent with what they have approved as far as easements. Moved by Hafner and Lucke to approve plans and specifications, and authorization for call for bids, CDBG funding. Motion carried.

f) Proj. 4969, Phase II Downtown Watermain Replacement (CDBG)
Anita Mehle, A/E, presented final plans and specs. for this project, map showing location of project area which covers University Avenue to the north, 3rd Street to the east, Minnesota Avenue to the south and 5th Street to the west, and this is a continuation of the 4th Street watermain project that took place last year, and part of this project will include watermain replacement, valves, hydrants, etc., preliminary est. for the project cost is $3.4 million and are still working to refining that cost estimate, and time line for the project is bid opening on April 22, construction starting on June 1, and substantial completion on October 19 with final completion on June 1, 2000. She stated the project is planned to be completed before any of the curb and gutter replacement project and streetscape project, and asked for approval of plans and specs. and authorization to advertise for bids. Moved by Hafner and Lucke to approve plans and specification, and to authorize call for bids, CDBG funding. Motion carried.

g) Proj. 4806, Mill Road Rehabilitation (CDBG)
Hugh Veit, KBM, Inc., submitted plans And specs. for emergency repair work on Mill Road, project scheduled for bid opening on June 18, that DOT will be handling bids and bidding requirements. He stated they provide specs. to DOT. Moved by

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Hafner and Lucke to approve plans and specifications and submit to the ND Department of Transportation, CDBG funding.

Mr. Veit stated they may see the project concept report come for approval at the next meeting, that the project concept report has been submitted to the DOT but they haven’t made comment on it yet.

There was some discussion re. including drainage to the project. Mr. Veit reported that Dot is looking at this and saying that City only allowed minimal work and damage repair work, and City not allowed any improvements to the road, and they would also consider any drainage improvements an improvement beyond the scope of the project. It was suggested that perhaps property owners would be willing to pay for additional costs, and Mr. Veit stated that wasn’t his understanding in putting project together. Klave stated that when had project discussion it was understanding that they weren’t going to include any cash in this to make it work, but if property owners wanted to pay that money upfront, City would look at it. Klave stated that if property owners wanted to fund some of this , it would only make sense to do it at the same time if only shaping, etc. Mr. Veit stated that would have to be initiated by the property owners and now isn’t within his scope of work to address it but if something he can do minimally he will look at it. Klave asked that they address and look at it.

Motion carried.

h) Proj. 4747, watermain on s. 42nd St. from 32nd Ave. to 800
ft. south.
Mr. Grasser reported that this was the three-way agree-ment they considered earlier, but hasn’t see plans and specs.
Held in committee.

10. Matter of consideration of construction bids for various
projects:_______________________________________________
a) Proj. 4968, bottleneck watermain replacement on 28th Avenue South and Washington Street (CDBG)
Jon Large, project engineer, reported these bids opened today, low bidder is Schipper Construction with a bid of $46,480.00, and recommended approval of their bid. Moved by Hafner and Lucke to accept the low bid of Schipper Construction,
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Inc. in the amount of $46,480.00. Motion carried.
b) Proj. 4839, Dist. 264, watermain on S. 20th Street (40th
to 47th Avenue)
c) Proj. 4919, Dist. 265, watermain on 45th Avenue South (20th
to 25th Street) and on S. 25th St. (45th to 47th Aves. S.)
d) Proj. 4939, Dist. 401, storm sewer on 45th Avenue South
(20th to 25th Street) and on S. 20th and 25th St. (45th to
47th Avenue)
Mr. Large reported they opened bids last week, presented tabulation of bids, United Crane was low bidder on all three projects, and recommended approval. It was noted that the City has worked with this contractor. Moved by Hafner and Lucke to accept the low bid of United Crane & Excavation, Inc. as follows: Watermain Project No. 4839, $94,221.00; Watermain Project No. 4919, $64,490.00; and Sewer Project No. 4939, $159,177.25. Motion carried.

e) Proj. 4845, storm sewer on S. 34th Street and Ruemmele
Road (32nd to 40th Aves. S.) (CDBG)
Mr. Aune, GFEG, presented tabulation of the 6 bids received, Dakota Underground, Fargo, was low bidder in the amount of $331,445.00 and recommended approval. He noted that engineer’s estimate was $347,200. City has awarded another project to this contractor. Moved by Hafner and Lucke to accept the low bid of Dakota Underground in the amount of $331,445.00. Motion carried.

f) Proj. 4894, sanitary on S. 20th St. (36th to 40th Ave. S.)
and on 36th Ave. S. (20th to 25th St.) (CDBG)
Mr. Aune, GFEG, presented tabulation of 8 bids received, S.J. Louis Construction, Inc., low bidder in the amount of $192,730.00; engineer’s est. $280,000, and reviewed all the numbers. He reported this sewer line ties into line that is currently under construction south of Happy Harry’s, Lumber Mart, etc. and continuing up to temporary lift station, and this contract includes abandonment of that temp. lift station. Moved by Lucke and Hafner to accept the low bid of S.J.Louis Construc-tion, Inc. in the amount of $192,730.00. Motion carried.

11. Matter of change orders for various projects:
a. Proj. 4768, Storm Pump Sta. 84 Addition (6th Ave.N. and
N. 55th Street) C.O. #3 (CDBG)
Mr. Hanson, WFW, reviewed change order in the amount of $4,065.25 and is for temporary repairs to lift station, work has
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been done, Wanzek Construction, Inc., contractor. It was noted this is where they had problems with fiber optics, and will have to go back and do permanent repair as soon as the water is down. Moved by Lucke and Hafner to approve the change order in the amount of $4,065.25. Motion carried.

b) Proj. 4687, Sewer Cleaning and Televising, C.O. #8 (CDBG)
Mr. Hanson reported project based on estimates two years ago and finding they were not quite high enough as finding more work need to do, had no idea what the scope was and not that refining it shouldn’t have to come back, as it’s an hourly contract and is based on time they actually spend cleaning or monitoring that; that there is $150,000 of this that’s been additional work that was made a part of this project for cleaning in Congres-sional Subdivision where mud got into storm sewers and that’s included in this project. $735,000, Viking Pipe Services Co., Inc., and to extend completion date to July 13, 1999. He stated they are determining that if the cause for the cleaning is a protruding tap, mineral deposits, roots and things that are not created by the flood, City has that cost; and if created by debris that’s in the sewer other than those types of things, then FEMA pays the bill. Mr. Hanson stated between $500-700,000 that’s CDBG, non-FEMA.

Mr. Hanson reported that Howard Nord who operated Viking Pipe Services Co., Inc. died about two weeks ago and they are still continuing to work, have a bond on this project, not sure where they are at, but is a concern. Date for completion July 13, 1999.

Moved by Hafner and Lucke to approve the change order in the amount of $735,000.00, and to extend the completion date to July 13, 1999. Motion carried.

12. Matter of variance to noise ordinance for sewer restoration
projects.__________________________________________________
Mr. Hanson reported that one of the major candidates for the repair is cured in place pipe process where they insert a liner in the pipe, fill it with water, heat the water to essentially activate the rosins that become part of the permanent pipe and build it in place. He stated that in some cases where the pipe is 18” and larger and has thicker walls and more water to heat, can’t finish that when they start the day to get it all heated for the appropriate time and maintain the heat and cool it down
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in a timeframe that gets done before the noise ordinance goes into effect. He stated they were suggesting that this is a lot less problem for anybody in their neighborhood than if went in there with a backhoe and dug it up and disrupted their neighborhood for 2 ½ to 3 weeks with a backhoe and asking permission for this work void the noise ordinance. He stated there will be a couple diesel boiler trucks with pump and another engine running and small diesel pump, but still a lot less problem with neighbors than people in there and lot less money than having to dig it up and fix it up; and is a valid choice to make. He stated when he brought this up it was past their meeting, that he talked with Mr. Bakken and discussed the issue with so he is aware and said he didn’t have a problem with them coming here.

Don Shields, Health Department, stated there are certain perimeters that contractors may have to work under or exemptions they may get for a short period of time, but the concern they’ve had from the public as there’ve been a number of citizens that complained due to the noise. He stated that the nightly noise ordinance for the city is 50 decibels and the process that the contractor is going to use, uses a generator that runs about 80 decibels and current ordinance limits them to 50 decibels from 10:00 p.m. to 6:30 a.m. and if they needed a small addition to that, didn’t think the citizens would be that adverse to it, but have had significant complaints in other areas where generators have run for utility off-set. He stated that at this time of the year windows are also closed and as get into spring and summer when windows open, get larger impact. He stated the question he has is that there maybe an opportunity for the contractor to use something other than a generator, and if limited amount of time (hour or hour and half) would want them to consider residents of the neighborhood, with 80 decibel level of environment going on. He stated that the difference between 50 and 80 is significantly higher.

Mr. Hanson stated contractor won’t use a generator, but running a pump and engine n the truck, air compressor, and should be limited time on any one line(one night) but option for residents and only areas where larger pipes. He stated they met with the Info Center - cost benefit and time interruptions benefits involving noise; doesn’t know what they can do about it, cost a lot more money the other way, and once start have to continue

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until done or process won’t work. Noise is constant, not up and down.

Mr. Shields stated the council has the authority to waive the ordinance, but 80 decibels is significant increase in nighttime noise, and have had number of residents already complaining about this operation. He stated they measured this afternoon at 80 decibels. Hafner stated that if it was extended night after night for weeks, not goo alternative, but if one night and then moves down the street, thinks that’s acceptable, and key is to make sure that the people living in that area are somehow notified,


Moved by Hafner to allow variance if the contractor makes an effort to notify people who are affected. Lucke seconded the motion.

Mr. Grasser stated they have to figure out how to mitigate it because you have the physical needs of curing resin and those types of things, can’t do anything about it if it takes 18 hours to cure this, it takes that long, alternative on open hole digging financially and from long term disruption are much greater, and key is educational process and asking people to have patience and expecting we will get calls, there’s lot of projects where going to generate lot of calls on, and part of the recovery process.

Klave stated the committee represents 3 wards but 5 that aren’t, and may get phone calls on, and would like that this be explained on the council floor so they understand financial aspect behind it and why committee opting to go this route so know what the disruption is for the residents but trying to do this in a manner that is less expensive. Committee stated they would pull this item on the council floor.

Motion carried.

13. Matter of Builders Risk insurance for Lift Station 39 (Proj.
4848) and Lift Station #33 (Proj. 4684).____________________
Handled administratively.

14. Matter of appraisals for R/W acquisition on S. 42nd Street
from 17th to 29th Avenues S.______________________________
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Mr. Aune reported that at a previous meeting they had authorized entering into or pursuing an agreement with appraisers to do right of way or land acquisition for utilities and paving along 42nd Street in area extending south from 17th Avenue to Amundson Funeral Home; that they did proceed with sending out requests for quotes, received one response from Johnson Appraisals, discussed with staff and felt should check and see if there’s anyone else that would be interested, they made phone calls and contacts in the Fargo area with four additional appraisers, couldn’t meet timelines and price; and did get call from Joan Johnson who said she would move this ahead as far as she could and try to accommodate on the timeline, as her quote has indicated that it would be 60 days from time of authorization. He stated he didn’t have dollar amount.

Mark Lambrecht, CPS, reported, that there would be five different appraisals taking place and each one approx. $2,500 and this was quote they received.

Moved by Hafner and Lucke to accept the proposal of Johnson Appraisers in the amount of $12,500 for appraisal of right of way acquisition, with proposals to be made within sixty days of
authorization.

15. Matter of modification of engineering services contract with
Shannon and Wilson for water intake project.________________
Michael Yavarow, project engineer, reported that the City has a consultant contract with Shannon & Wilson to do the geotechnical work on the proposed routing of the intake lines and Shannon & Wilson have a contract with another consultant or drilling contractor, and feel we need extra drilling in their contract to cover additional work. He stated at this point they shuffled the drilling around that they have in the contract at the present time so have actually done the work (under water right now) but need the additional footage on the dry side of the dike to complete data they should have. He also stated that the size of their intakes are at the upper limit of the pipe that’s available and when the tests are completed they will be able to be determine whether they need polyethylene pipe or steel pipe. He stated they do not want to use steel pipe if don’t have to, but if have to have already collected samples and this is for the analysis that will be done on the samples to determine what a contractor would have to have coatings on the
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pipe. He stated that steel pipe is stronger however, more difficult to work with, this would be horizontal directional drilling and PVC is corrosion resistant but largest is 36” in diameter and not as strong as this pipe will be down approx. 70 ft. and soil pressures might be such that it might exceed its limits, so go to steel.

Moved by Hafner and Lucke to approve change order for additional services in the amount of $13,300.00 for corrosion tests for water and soils, and additional borings at the banks of the Red River and the Red Lake River. Motion carried.

Moved by Hafner and Lucke to adjourn; meeting adjourned at 8:05 p.m.

Alice Fontaine
City Clerk

Dated: 3/30/99