The Rugby City Council met in special session Tuesday to discuss a drainage rights agreement with BNSF and a change order for road construction for Chalmers Addition housing project.

The council approved a number of changes to an agreement drawn up by BNSF, which is buidling a sidetrack in Rugby. The railroad company will review the changes.

The first change proposed by the Ordinance Committee and approved by the council was in the second section of the Grants to Rights to BNSF portion.

The city wants the agreement to read “The City may cancel the rights granted to BNSF in Section 1 (a) in the event of: (1) an emergency,” with added langauge: “endangering the health, life, or property of another.”

In the liability section, the city added language specifying that BNSF?pay compensation to somebody for loss, damage or liability incurred.

“The Ordinance Committee reviewed it and made some sound suggestions for change,” Mayor Arland Geiszler said. “We basically covered liability.”

The council added a clause to the Construction and Maintenance section reading: “The BNSF?Storm Drain connection shall be equipped with an emergency valve, and be located in a place where both BNSF and the City shall have access to close the BNSF connection to the City Storm Drain system in case of emergency to protect, life, and property.”

Ward 1 Councilman Neil Lotvedt expressed interest in where the safety valve will be, which is at the discretion of the engineer.

If BNSF?agrees to the changes, it will be responsible for restoring any city property to preconstruction state within two weeks of completing construction of the storm drain connection.

Another considerable change approved by the council is to charge BNSF for maintenance costs the city performs. BNSF’s original wording called for the city to maintain the connection at no cost to the railroad.

Ward 2 Councilman Dave Bednarz requested the council obtain information on how long rail cars will be staying on the sidetrack.

Council approves Chalmers change order

The council also approved a change order of $38,000 for road construction at the Chalmers Addition housing development. The approval was on condition that the costs don’t exceed that total. Wade Senger of Interstate Engineering had not received all the invoices for Park Construction’s change order.

The mayor said Park is making its best effort to get the curbs and gutters done.?Lotvedt expected that work to be underway this week.

Commissioners award bid

The Pierce County Board of Commissioners met in special session Tuesday to discuss road conditions, award a bid, approve bills and discuss personnel policy manual.

The commissioners adopted a resolution declaring the county an emergency disaster because of excessive rainfall from June 27 through July 7. The precipitation has caused poor driving conditions.

Wm. D. Scepaniak, Inc., of Holdingford, Minn., was awarded the bid for the Orrin Road Project. Scepaniak’s bid of $1,107,807.45 outbid Dokken Construction Inc., and Border States Paving, Inc.

The commissioners approved bills to Mike Swanson Construction and Mouse River Air.

The commissioners tabled discussion on leave accumulated by Yvonne Hagen, community service coordinator, because all members were not present.

District 3 Commissioner Rick Larson was absent and District 4 Commissioner Duane Johnston left the meeting early.

– Tribune Staff Report