MEMO TO: Finance and Improvements Committee

FROM: City Clerk's Office

RE: Agenda for Tuesday, August 31, 2010, - 4:15 p.m.

1. North Broadway Viaduct Scoping Report Concurrence

The City Engineer reports, based on the North Dakota Department of Transportation’s (NDDOT) bridge inventory and inspection program, the North Broadway Viaduct bridge decks are scheduled for maintenance work (southbound lanes in 2014 and northbound lanes in 2015). The project is being proposed to extend the service life of the structure without having to completely reconstruct the structure. The work will include bridge deck replacement as well as repairs to some piers and expansion joints.

Attached is the scoping report prepared by the NDDOT. In order for the project to proceed and be included in the State Transportation Improvement Plan (STIP), concurrence is required by the City of Minot.

Fiscal Impact: The cost estimate for the project is $3,600,000 with the City’s share being 10% ($360,000) which will be financed with general obligation bonds.

It is recommended that the Committee and Council concur with the North Dakota Department of Transportation that the North Broadway Viaduct bridge deck and substructure maintenance project proceed and authorize the City Engineer to sign the Project Scoping Report on the City’s behalf.

2. Hal Davies Interchange Bridge Scoping Report Concurrence

The City Engineer reports, based on the NDDOT’s bridge inventory and inspection program, the Hal Davies Interchange bridge deck is scheduled for maintenance work in 2015 or before. The project is being proposed to extend the service life and function of the structure. The work will include bridge deck overlay and approach slab replacement as well some abutment repair.

Attached is the scoping report prepared by the NDDOT. In order for the project to proceed and be included in the STIP, concurrence is required by the City of Minot.

Fiscal Impact: The cost estimate for the project is $500,000. The entire project is to be paid for with federal and state funds.

It is recommended that the Committee and Council concur with the North Dakota Department of Transportation that the Hal Davies Interchange bridge deck and substructure maintenance project proceed and authorize the City Engineer to sign the Project Scoping Report on the City’s behalf.

3. Cost Participation and Maintenance Agreement – North Broadway Landscaping

The Traffic Engineer reports in 2007 and 2008 North Broadway between 4^th Avenue and 20^th Avenue NW was reconstructed. In addition to those projects the NDDOT also set aside Transportation Enhancement funds to be used for a landscaping project along the corridor once construction was completed. The landscaping will consist of shrubs, landscaping beds (4^th Avenue and 6^th Avenue intersections), and tree plantings (starting approximately 19^th Avenue and continuing north). This project is currently scheduled to be bid in November 2010 for construction in the summer of 2011.

Fiscal Impact: City Staff has estimated the total construction costs to be $149,980 for the project. The Federal Share of construction costs has been capped by the NDDOT at $125,000. The local share of the project is estimated to be $24,980. City staff will be doing the design and construction engineering on this project. The Sales Tax – Capital Improvements Highway Reserve (2010 dollars) was identified as the source of the local share.

The Federal and local shares for the combined project are estimated as follows:

DESCRIPTION FEDERAL SHARE LOCAL SHARE TOTALS

Construction $125,000 $24,980 $149,980

TOTALS $125,000 $24,980 $149,980

It is recommended that the Committee and Council accept the Transportation Enhancement Grant for the North Broadway landscaping project and approve the Cost Participation and Maintenance Agreement and authorize the Mayor to sign the agreement on the City’s behalf. It is also recommended that the City Council direct City Staff to:

1. Complete the design of the project.

2. Call for bids on the project once the design has been approved by the NDDOT.

4. EPA Brownfield Grant

The City Engineer reports, in the process of collecting and assessing data for the City’s comprehensive plan project, the City’s consultant, Bonestroo, identified available grant funding through the Environmental Protection Agency (U.S. EPA) to perform community-wide assessments of brownfields properties impacted by hazardous substances and/or petroleum. Two assessment grants are available for a total of $400,000. The first is for hazardous substance brownfields ($200,000), and second is for petroleum brownfields ($200,000).

Brownfields sites include sites abandoned, vacant, underutilized, or sites not necessarily contaminated but just the suspicion of contamination is hindering site reuse/redevelopment.

The purpose of the assessment grants is to assist communities to identify, inventory and prioritize brownfields that exist in their jurisdiction. The grants then enable communities to perform environmental assessment, investigation, and remedial planning activities for identified priority sites and redevelopment areas. The resulting inventories and remedial plans from assessment grants are generally used to secure subsequent grants for the actual site cleanup for redevelopment.

Bonestroo is proposing to assist the city in preparing the grant applications and charge a “success fee” for the preparation of the grant applications only if the city is awarded one or more grants.

Fiscal Impact: There are no matching funds required for the grants. The cost to the City would be the costs to prepare the application ($6,000 per grant or $12,000 if both grants are successful) or costs incurred by Bonestroo if the city terminates or withdraws the grant applications. Funds are available in Sales Tax Capital Infrastructure.

If grants are awarded, it is a federal requirement that the professional services be procured through the Request for Qualifications (RFQ) process. It is proposed that RFQ’s be sent out after the grant awards are announced. If Minot does not receive grant funds, RFQ’s will not be necessary and no payments will be made to Bonestroo.

It is recommended that the Committee and Council authorize Bonestroo to prepare applications for two U.S. EPA community-wide Brownfields assessment grants and authorize the Mayor to sign the Professional Services Agreement on the City’s behalf.

5. Right-of-Way Permanent Encroachment Request – Capital RV – 2001 22^nd Avenue SW

Attached is a memo from the City Planner, along with a letter from Bruce Bents, representing Capital RV, requesting approval of a permanent encroachment permit to maintain a previously paved portion of the right-of-way.

The City Planner recommends the denial of the request; and further, require the existing recycled surface in the boulevard be replaced with grass and City standard concrete driveways be installed. By allowing the recycled asphalt to remain instead of grass brings up the issue of cost if ever the City or another utility needs to work in this area. If the request is approved, the property owner would be responsible for the cost of replacement of the permanent encroachment should removal/replacement be necessary for maintenance or improvements.

City staff has reviewed the request and does not support approval. If the Committee and Council deem the request to be warranted, the request should be approved with the following recommendations:

That the Committee and Council approve and encroachment permit request from Capital RV to allow recycled asphalt in the right-of-way instead of grass;
That the owner signing the permit agrees that the costs of maintenance and replacement be the owner’s responsibility;
That the City Attorney prepare the encroachment permit agreement, including language to protect the City from any liability;
That the City Council retains the right to revoke the encroachment permit if it becomes necessary for any reason;
That Capital RV pay a $100 processing fee.

6. Final Payment

It is recommended that the Committee and Council approve the following request for final payment:

a. Bechtold Paving in the amount of $2,921.34 for the 2010 Street Improvement Project. The final construction cost of $288,174.06 was 18.46% over the original bid price. This was due to the original bid being estimated for the mill and overlay of Burdick Expressway from 16^th Street SE to Souris Drive. The project was later extended to include 27^th Street SE.

7. Ordinances on Second Reading

The following ordinances need to be considered on second reading:

a. Ordinance No. 4312 – Annexing SE1/4, Section 8-155-82.

b. Ordinance No. 4313 – Annexing NE 1/4, Section 17-155-82

c. Ordinance No. 4316 – Amending 2010 Annual Budget – NDDOT Traffic Safety Grant – Seatbelt and Impaired Driving Enforcement in the amounts of $4,000 and $8,000

d. Ordinance No. 4317 – Amend CMCO - Section 7-35 - Animal Performance Events