Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
October 5, 1998

The city council of the city of Grand Forks, North Dakota met in its regular session in the council chambers in City Hall on Monday, October 5, 1998 at the hour of 7:30 o'clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: absent: none.

Mayor Owens announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter.

INTRODUCE DELEGATION FROM IWANO, JAPAN
AND SIGN SISTER-CITY AGREEMENT

Mayor Owens announced that there was a delegation here from Iwano, Japan, that they have been trying for over two years to sign a sister-city agreement, and during our flood they were here and delivered a check for $26,000 for the City and the School District, that they went door to door to collect that money and in talking with members of the delegation understands that last August they had a flash flood within their city and did lose some lives, and our sympathies go out to them in their devastation. Steve Hyde, translator for the delegation, read the document calling for a sister-city relationship and as a first step the international exchange of middle school students between Iwano and Grand Forks which has been conducted since 1994 will be expanded; and representatives of both cities confirm their support for this mutual endeavor between the citizens of Iwano and Grand Forks and affix their signatures to the agreement, effective and in force from the date signed October 5, 1998. The agreement was signed by the Mayor of Iwano and the Chair of Iwano town council, President Carpenter and Mayor Owens and an exchange of pens used to sign the agreements was made. Plaques of the agreement were presented to members and an official exchange of city flags was also made.

SUSPEND AGENDA TO HEAR FLOOD UPDATE

It was moved by Council Member Babinchak and seconded by Council Member Bouley to suspend the agenda and consider the matter of the flood update. Carried 14 votes affirmative.

Ken Vein, city engineer, reported that copies of the Flood Protection Project update of October 5, 1998 had been presented to council members, and copies for individuals in the audience. He reported that the Technical Work Update under Corps of Engineers, that currently Corps is incorporating comments received from those involved and residents on the GRR and EIS. The Corps is operating under a current resolution authority, that there is not a budget for them at this time which isn't affecting them because they commit the government to any new contracts but able to continue with in-house work. He stated that the House and Senate did pass and included in the budget approx. $900,000 for the Corps to do the plans and specifications, and now waiting for the President to sign.

Mr. Vein reported that Shannon and Wilson, Greg Fisher, did meet with members of our staff and Corps staff in St. Paul on the 23rd, minutes had been mailed previously as they continue to investigate some of the geotechnical issues, and expect at the next Flood Response Committee will be bringing some information back to the committee and council. Mr. Fisher will be in Winnipeg tomorrow and will be meeting with them, and spend day reviewing what going on with geotechnical issues on the Red River before coming to Grand Forks and reviewing in part what the on-site conditions in Grand Forks are, look at entire levee alignment, and will be available for a specific meeting with the council, residents and staff. He reported they have finished the neighborhood meeting as requested by the Flood Response Committee, there was no clear consensus on what the outcome of those meetings were except that many thought they were premature, that City should pay for some if not all of the betterments and residents felt under high level of stress. He stated in next 3 to 4 months will be working with consultants a little more and Corps may have some more specific information that may help as go along.

He reported that he and the Mayor went to Washington last week to lobby at the House on the WRDA bill, the bill has not been passed at this time, the full Senate has not taken it up and has been in committee and Congress is scheduled to recess on October 9 and this is major concern, although the session may be possibly extended to see if can get issues resolved around the WRDA bill. He stated that if Congress does adjourn on the bill unlikely that the WRDA bill may be considered for another two years and will find out what will happen with that.

He reported under Financing, Federal Appropriations Process, there's no change at this point in the cost estimate and our delegation is trying to get our project in the President's budget for fiscal year 2000. State appropriations is continued and State Water Commission is looking at putting a portion of our project, $25 million, in the first biennium and Communications Coordination Team has recommended a lobbyist, although in talking with the Mayor, about a process that would need further evaluation and discussion with them. He reported under local funding, there are two public forums that are planned for October 13 and 15, and Mr. Schmisek will be making some presentations at that and Finance Committee has tabled their discussions regarding the city's sales tax until after the public forum.

He reported that under Phase IV Voluntary Acquisition Program 85 offers have been made, 7 files closed where owners decided not to proceed, 29 properties acquired for about $5.73 million with 49 remaining in some state of the process.

He reported that under the Greenway they are trying to put together a joint powers agreement, the tree inventory has been completed on the ND side and shortly on MN side, and Flood Response Committee has approved a contract with Greenways, Inc. for $24,000 and this is the initial start of the development of a master plan.

He reported with Greg Fisher this week, made him available for the committee and council from 11:30 to 12:30 on Thursday. October 8, at the civic auditorium, and welcomed everybody for questions about what Shannon Wilson doing at this time and to discuss the funding of the options for the local share on October 13 and 15 here in the council chambers. He reported there would be discussion of additional upstream water retainage near Lake Traverse, that Roland Young has given some preliminary information and have included some of that. Council Member Lunak asked if releasing water from Lake Traverse had any affect on us; Mr. Vein stated that releasing water from Lake Traverse does impact the flow of the Red River; timing is an issue on that and hopefully released at such a time that it doesn't coincide with our crest.

APPROVE MINUTES JULY 20, 1998

Typewritten copies of the minutes of the adjourned meeting of the city council held on Monday, July 20, 1998 were presented and read. It was moved by Council Member Bakken and seconded by Council Member Martinson that these minutes be approved as read. Carried 14 votes affirmative.
CONTINUE PUBLIC HEARING ON REQUEST FOR
ESTABLISHMENT OF TAX INCREMENT DISTRICT TO
ASSIST IN REDEVELOPMENT OF FORMER FIRST
NATIONAL BANK BUILDING, 322 DEMERS AVENUE
TO NOVEMBER 2, 1998

The city auditor reported that a public hearing on the request for establishment of a tax increment district to assist in redevelopment of the former First National Bank Building, 322 DeMers Avenue. James Hawley, had been scheduled for this evening, and will be asking council to continue the public hearing to November 2, 1998 as the publication was not done on time.

It was moved by Council Member Babinchak and seconded by Council Member Klave to continue the public hearing to November 2, 1998 at 7:30 p.m. Carried 14 votes affirmative.

HOLD PUBLIC HEARING AND ADOPT RESOLUTION
AUTHORIZING ISSUANCE OF SEWER RESERVE
REVENUE BONDS, SERIES 1998, $4,290.000 BONDS
FOR SEWER SYSTEM PROJECT

The city auditor reported that the notice to the public that the City proposes continuation of a storm water drainway which begins at Grand Forks County No. 81 (South Washington Street) and 51st Avenue South, thence proceeding west one-quarter mile, thence north three-quarter miles, thence west one and three-quarter mile to its termination at Interstate 29, box culverts will be placed at strategic locations to facilitate traffic flow, and an additional storm sewer will be constructed in the bottom of the drainway to drain small duration storms and snow melt, that the estimated cost of the improvement is $4,290,000, and that the City proposes to issue bonds to defray the estimated cost by adoption of a resolution authorizing issuance of sewer reserve revenue bonds, including a provision for a reserve fund, and that written protests against the issuance of such bonds must be filed in the office of the city auditor within twenty days after the first publication of the notice and determination of sufficiency or insufficiency of protest would be made at its October 5, 1998 meeting, had been published as required; and further that no protests had been filed with the city auditor's office.

Mayor Owens called for the public hearing: there were no comments and Mayor Owens declared the hearing closed.

It was moved by Council Member Beyer and seconded by Council Member Hamerlik that we declare an insufficiency of protest against the issuance of said bonds. Carried 14 votes affirmative.

The city auditor reported that this is a $4.2 million bond issue for the Southend Drainway and is really a loan from the State Bond Bank at 3.5% interest and with completion of the public hearing, they will ask for a motion and second approving the resolution authorizing the issuance of Sewer Reserve Revenue Bonds, Series 1998, to finance the undertaking of an expansion and improvement of the Municipal Sewage Utility.

Council Member Hafner introduced the following resolution and moved its adoption, which motion was seconded by Council Member Carpenter: Document No. 7643 - Resolution.

Upon vote being taken thereon, all members present voted in favor thereof and no members voted against the same, whereupon the resolution was declared duly passed and adopted.

APPROVE APPLICATION FOR MOVING PERMIT
TO MOVE BUILDING TO 405 SOUTH 5TH STREET
FOLLOWING PUBIC HEARING

The city auditor reported that the notice of public hearing on the application by the Office of Urban Development to move a building from 57 4th Avenue South to 405 South 5th Street to be used as a single family dwelling had been published and passed as required.

Mayor Owens called upon the audience to see if there was anyone present who had comments to make on this matter.

Judy Swisher, 420 Franklin, which is on the corner of South 5th Street and is speaking for the Central Park Neighborhood Assn., stated that after the flood their neighborhood grew close as they began to deal with the tasks ahead of them; that the Central Park Neighborhood Assn. strongly supports this action and that they have a concern for the integrity of their neighborhood, and their corner of town is one of the oldest in town, and houses in their neighborhood are all at least 40 to 50 years old; that they have spent many hours and many dollars restoring these old homes, and the house that is being considered for moving is from their neighborhood and its new location is entirely appropriate for its age and style, and when restoration is completed on this house it will look as if it had been in that spot for decades. She stated because of the close proximity to the river, the water was very high in their area and lost nearly half the houses that would have been in the Central Park Historic Neighborhood and they encourage the Office of Urban Development to locate other architecturally appropriate houses on the open spaces they now have on their streets; and as moveable houses are acquired by the City they trust that the various agencies involved in the process will be as sensitive to site location as have been in the present case. She stated that they as a neighborhood association pledge their support of the homeowners who come into their neighborhood in this way, have much knowledge to share about preserving older homes and look forward to new opportunities to share.

Mayor Owens closed the public hearing.

It was moved by Council Member Hafner and seconded by Council Member Babinchak to declare an insufficiency of protest. Carried 14 votes affirmative.

Committee No. 3, Public Service, reported having considered the application to move building from 57 4th Avenue South to 405 South 5th Street (single-family dwelling), and recommended to approve the application subject to the public hearing.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved, and further that the Office of Urban Development be and is hereby authorized to move the building subject to meeting conditions established. Carried 14 votes affirmative.

REPORTS OF OFFICERS

The city auditor presented and read the statement of investment activity for the period ending September 30, 1998. It was moved by Council Member Bakken and seconded by Council Member Carpenter that this report be and is hereby received and filed. Carried 14 votes affirmative.

REPORTS OF BOARD OF ZONING ADJUSTMENTS

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, September 3, 1998, that notice had been published as required and that the following appeals were heard:1) Michael Swanson, 2418 Glen Circle, request for variance to the side yard setback requirements to erect an attached garage, and variance approved allowing 5 ft. 6 inches of sideyard setback to construct an addition to the attached garage; 2) Dwight Moses, 1702 20th Avenue South, request for variance to the front yard, second front yard, and side yard requirements to install a wood burning boiler on the property, and variance denied; 3) City of Grand Forks, 105 and 109 North 3rd Street, request for variance to the paving and landscaping requirements to construct a parking lot, variance approved delaying the paving requirements for two years with the condition that the appropriate materials be utilized on the site; 4) Don and Kathy Speulda, 2319 9th Avenue North, request for variance to the parking and impervious surface area requirement to construct a parking spot in the front yard, variance denied; 5) Grand Forks Homes, 5050 West Elm Court, request for variance to the 20 ft. in front of the overhead door requirements to erect a new home, variance approved to allow 15 ft. of setback in front of the overhead door in order to erect a new home, with the stipulation that sidewalk be located closer to the street in the public right of way, as authorized by the proper body, and that the staking be done by the City Engineering Department: 6) Grand Forks Homes. 5044 West Elm Court, request for variance to the 20 ft. in front of the overhead door and second front yard setback requirements to erect a new home, variance allowed 9 ft. of second front yard setback and 9 ft. of setback in front of the overhead door in order to erect a new home, with the stipulation that sidewalk be located closer to the street in the public right of way, as authorized by the proper body, and that the staking be done by the City Engineering Department.

A communication from the secretary of the Board of Zoning Adjustments was presented and read, stating that the Board had held a public hearing in City Hall on Thursday, September 24, 1998, that notice had been published as required and that the following appeals were heard: 1) Scott McNamee, 426 8th Avenue South, request for variance to the lot size requirements for a non-conforming lot of record to reconstruct the home, variance approved 2,000 sq.ft. of lot area on this non-conforming lot of record to reconstruct a single family home; 2) Arlo and Cheryl Westerlind, 1408 8th Avenue North, request for variance to the 20 ft. in front of the overhead door requirement to construct an addition to the detached garage, variance approved 9 ft. of setback in front of the overhead door from the alley property line in order to construct an addition to the detached garage; 3) Scott Rice, 1006 South 9th Street, request for variance to the impervious surface area requirements to construct a detached garage, variance granted to approve 50% impervious surface area coverage on the property in order to construct a detached garage; 4) Lee Sundby, 1443 South 19th Street, request for variance to the second front yard setback and off-street parking yard requirements to construct a parking spot and an addition to the detached garage, variance approved to allow 29 inches parking setback in order to construct a parking spot and to allow 29 inches of second front yard setback in order to construct an addition to the detached garage; 5) Paul Dilling, 1701 2nd Avenue North, request for variance to the front yard setback requirements to construct a front porch addition to the home, variance approved to allow 12 ft. of front yard setback in order to construct a front porch addition to the home; 6) Fred Madsen on behalf of Grand Auto Mart, 2205 South Washington Street, request for variance to the landscaping and paving requirements to pave part of the property, variance approve to allow the west landscaping, less 23 ft, in the northwest corner and 10 ft. of the north landscaping adjacent to the existing parking lot, to be paved for display use, with additional shrubs and/or trees to be placed in the remaining landscaping; 7) William and Monica Sylla, 522 Cottonwood Street, request for variance to the side yard setback requirements to construct an attached garage, variance approved to allow 2 ft. of side yard setback in order to construct an attached garage; 8) Casey Noreen, 1008 University Avenue, request for variance to the 20 ft. in front of the overhead door requirement to construct a detached garage, request held until next meeting; 9) request from Jerry Barton to reconsider variance of Grand Forks Homes from last meeting, request to delay this request until the next meeting.
It was moved by Council Member Glassheim and seconded by Council Member Bakken that these reports be and are hereby received and filed. Carried 14 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No.98-17, dated October 5, 1998 and totaling $2,232,510.71, all having been audited by the city auditor for payment in accordance with regulations, was presented and read.

It was moved by Council Member Carpenter and seconded by Council Member Bouley that these bills be allowed and that the city auditor be authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: voting "nay": none. Mayor Owens declared the motion carried and the bills ordered paid.

APPROVE REQUEST TO CANCEL DELINQUENT
TAXES ON COUNTY PROPERTY BEING SOLD

Committee No. I, Finance, reported having considered the matter of cancellation of delinquent taxes on County property which is being sold, and recommended to approve the request to cancel delinquent special assessments in the amounts of $4,283.92 on Lots 1 and 2 and Lots 7 and 8, Block 1, Mikkelson-Landeco 2nd Resubdivision.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PAYROLL ADVANCE DUE TO CONVERSION

Committee No. I, Finance, reported having considered the matter of payroll advance due to conversion, and recommended to approve proposal which includes the payback no later than 27 months or by the end of year 2000, and to have as many options as possible within that, or upon termination of employment, with no interest and at current pay.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved. Upon roll call the following voted "aye'": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried

DISCONTINUE OVERTIME FOR EXEMPT EMPLOYEES
AS OF OCTOBER 5, 1998

Committee No. I, Finance, reported having considered the matter of overtime for exempt employees (sunset clause), and recommended to end overtime for exempt employees as of Monday, October 5 and that we allocate any additional monies over $100,000 necessary to reimburse them through October 5.

It was moved by Council Member Carpenter and seconded by Council Member Hamerlik that this recommendation be and is hereby approved.

Council Member Carpenter stated he is ready to send message to staff working more than 48 hours that it's time to cut back, shouldn't expect them to work more than that on a continuous basis, poor for them and for their families, and hire additional staff if need be but stop a financial sanction to it and go forward with a more normal lift for senior staff. Council Member Hamerlik reported that Flood Response appropriated $100,000 for exempt overtime pay and finance committee reviewed it and at the end of the last pay period $92,000+ had been used and there was another pay period coming in which would be about $4 to 5,000.

Upon call for the question and upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CONTRACT WITH ND DEPARTMENT OF
HEALTH FOR LABORATORY SERVICES

Committee No. 2, Public Safety, reported having considered the matter of contract with ND Department of Health for laboratory services, and recommended to approve the contract contingent upon review of the contract by the city attorney.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried

APPROVE INSTALLATION OF YELLOW FLASHING
LIGHTS AT BEN FRANKLIN SCHOOL

Committee No. 2, Public Safety, reported having considered the matter of yellow flashing lights at Ben Franklin School on 11th Avenue South, and recommended to approve and authorize installation of lights on 11th Avenue South at South 21st Street at est. cost of $2,500.00. It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENTS

A request for amendment in the police department budget in the amount of $15,400 from Maintenance to General Equipment for purchase of AFIS system, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

A request for amendment in the police department budget in the amount of $39,600.00 to reflect grant money for purchase of the AFIS system, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE STUDY AND PROCEED WITH SOLUTION
FOR LEFT-HAND PROTECTED SIGNAL AT NORTH
COLUMBIA ROAD AND GATEWAY DRIVE

Committee No. 2, Public Safety, reported having considered the matter of request from Happy Harry's Bottle Shops, Inc. for left-hand protected signal at North Columbia Road and Gateway Drive intersection, and recommended that we instruct engineering department to do a study and proceed with permanent solution at the intersection, and to look at interim signals with used equipment at a reasonable cost.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved.

Council Member Beyer stated that on 32nd Avenue South and 20th Street businesses came in and requested this and offered to pay costs until traffic counts were justified, and if make special provisions, they should pick up cost.

Council Member Bakken stated that State has already been studying the intersection and know that this is a problem area because of amount of truck traffic, difficult for cars to see and turn and would go through the normal procedure but with State studying it already it may end up being a higher priority. He also noted that Everson were there as well as Mr. Bradshaw.

Al Grasser, asst. city engineer, reported that when this issue came up, looked at trying to resolve the issue with striping and then found out that the geometry of intersection isn't big enough and not enough road width to make things work, and when trucks taking right turns were up and over the curb, and there's an equipment issue about having arms long enough to get the signals out, but driving issue now is that geometry of the intersection isn't there and to get the geometry for a small fix is between $200-300,000 as rebuild intersection. He stated they are probably looking at $1 million, looking at double left turn lanes, etc. based on 20-year traffic projection. Mr. Grasser stated that another problem is studying the traffic patterns and State is doing traffic study on that intersection. MPO has something on that corridor (Columbia Road corridor).

Council Member Beyer moved an amendment to the motion that if there is a solution, that it be billed to the affected property owners. Council Member Glassheim seconded the motion. Mr. Swanson stated that if intending on special assessment would have to go through the process. Council Member Beyer stated that in the past if the property owners have come in, they asked them to pay for it (Altru Hospital did at 11th, at 32nd and 20th Hugo's, Lumber Mart and Happy Harry's paid there). Mr. Swanson stated he didn't know how they would determine what businesses you would bill and in what manner billed.

Council Members Beyer and Glassheim withdrew their amendment; and moved to send the matter back to committee to discuss with property owners. Upon voice vote the motion was defeated.

After further discussion it was moved by Council Member Carpenter and seconded by Council Member Brooks to amend the motion to delete "and proceed with permanent solution at the intersection", and substitute after study, "permanent solution and refer to Capital Improvements Committee for programming and long range capital improvements plan." Carried 14 votes affirmative.
Upon call for the question on the motion, as amended, and upon voice vote, the motion carried l4 votes affirmative.

ACCEPT BID FOR SAND

Committee No. 3, Public Service, reported having considered the matter of consideration of bids for sand, and recommended to accept the low bid of Kilichowski Trucking in the amount of $40,464.00 for 5,620 tons of sand for ice control, contingent upon meeting sieve analysis.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: voting "nay": none. Mayor Owens declared the motion carried

ACCEPT BID FOR SALT

Committee No. 3, Public Service, reported having considered the matter of bids for salt, and recommended to accept the bid of Cutler Magner Company in the amount of $12,800.00 for 350 tons rock salt.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE ENCROACHMENT AGREEMENT WITH
ACME ELECTRIC

Committee No. 3, Public Service, reported having considered the matter of request to authorize the proper City officials to execute the encroachment agreement for building additions at North 17th Street between 12th and 13th Avenues North with Acme Electric, 1705 13th Avenue North, and recommended to approve entering into the agreement and that Acme Electric will be responsible for any increases in cost for maintenance or repair of the existing watermain.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE BUDGET AMENDMENT

A request for amendment to the Wastewater Utility budget in the amount of $35,000.00 to replace valves at Pump Station 5 and replace broken intake line at Pump Station 17A, was presented and read. It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

AUTHORIZE ENTERING INTO AGREEMENT WITH
ALL SEASONS FOR INSTALLING DRIVEWAY AT
51st AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of two-way agreement for All Seasons to install driveway at 51"' Avenue South, and recommended to authorize entering into the two-way agreement contingent upon engineering staff’s approval of plans and specifications.

It was moved by Council Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PURCHASE OF LAND FOR CLAY BORROW
MATERIAL

Committee No. 3, Public Service, reported having considered the matter of land purchase for clay borrow material (John and Irene Campbell property), and recommended to approve the purchase contingent on the acceptable soil borings from the Corps at estimated cost of $350,000, and authorize expenditure of CDBG monies for this purchase.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved.

Council Member Hamerlik questioned the status of the additional two clay sites. Mr. Grasser stated they were concentrating their money on one, that they should have three separate sites to mobilize from (one north, one south and one west) for the secondary line of defense, and have identified some sites but having difficulty getting into stages of negotiating with the property owners. He stated they probably will use this site along with the Corps of Engineers and because no money allocated right now for the Corps of Engineers project to spend $300,000 on, will buy this site with CDBG funds and as Corps money becomes available use that money to obtain other borrow sites. He stated that in the meantime they are planning for southend to utilize some of the dirt from southend drainway. He stated that they've been developing a list of potential borrow sites and the Development Commission, who has purchased some property from the box factory probably would be willing to let City under emergency conditions take borrow out of there, and that would take care of the west side. He stated it isn't that we don't have other options and would still like to have the three sites but do have options available to obtain the dirt in the event we need to follow up on secondary line of defense.

Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: voting "nay": none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER FOR PROJECT NO. 4826

Committee No. 3, Public Service, reported having considered the matter of funding for Project No.4826, repair of flood damaged sidewalks, driveways and berms, and recommended to approve the change order in the amount of $10,725.00, eligible for CDBG funding.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.


REFER MATTER OF TEMPORARY BIKEPATH IN
MEDVUE ESTATES 6 RESUBDIVISION BACK TO
COMMITTEE AND INSTALL SIDEWALK ON 17'"
AVENUE SOUTH

Committee No. 3, Public Service, reported having considered the matter of funding temporary bikepath in Medvue Estates 6th Resubdivision, and recommended to send this back to the Bikeway Committee with recommendation to eliminate bikepath installation, and further to put a sidewalk down 17th Avenue South.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

REFER MATTER OF UPDATED COST ESTIMATE
FOR SANITARY AND STORM SEWER REPAIRS TO
FLOOD RESPONSE COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of updated cost estimate to repair sanitary and storm sewers, and recommended to recommend allocation of $3.154 million from unallocated portion of cost matrix and transfer of $476,000 expected reimbursement from the State on flood hazard mitigation, and refer to Flood Response Committee.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO AGREEMENT FOR
ENGINEERING SERVICES, SEWER PROJECT NO. 4719

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 3, construction administration, Webster, Foster & Weston, Project No. 4719, restore sanitary sewer Area 2, and recommended to approve the amendment to the agreement in the amount of $183,513.00 CDBG eligible.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO AGREEMENT FOR
ENGINEERING SERVICES. SEWER PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement. Amendment No. 1, construction administration, Webster, Foster & Weston, Project No. 4684, Pump Station 33, south of Wal-Mart, and recommended to approve the amendment to the agreement in the amount of $7,791.00.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO AGREEMENT FOR
ENGINEERING SERVICES, PROJECT NO. 4784,
SOUTHEND WATER TOWER

Committee No. 3, Public Service, reported having considered the amendment to engineering services agreement. Amendment No. 7, design engineering. Greater Forks Engineering Group, Project No. 4784, Southend Water Tower, and recommended to approve the amendment to the agreement in the amount of $75,000.00.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO AGREEMENT FOR
ENGINEERING SERVICES. PROJECT NO. 4669.3,
SOUTHEND DRAINWAY PHASE 2B

Committee No. 3, Public Service, reported having considered the matter of amendment to engineering services agreement, Amendment No. 2. construction administration, CPS, Ltd., Project No. 4669.3, Southend Drainway Phase 2B, and recommended to approve amendment to the agreement in the amount of $82,090.00.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14: voting "nay": none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4846, STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4846, storm sewer on 40th Avenue South from Washington Street to Southend Drainway, and recommended to approve plans and specifications, and authorize call for bids, project CDBG eligible.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
SEWER PROJECT NO. 4868

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4868, storm sewer on Washington Street from 62nd Avenue South to Southend Drainway, and recommended to approve plans and specifications, and authorize call for bids, project CDBG eligible.
It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.

ACCEPT BID FOR PROJECT NO. 4879, GRASS SEEDING
AT LANDFILL

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4879, grass seeding at landfill, and recommended to accept the bid of Opp Construction in the amount of $10,800.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Polovitz, Lucke, Hamerlik, Bouley, Glassheim, Carpenter, Lunak, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 14; voting "nay": none. Mayor Owens declared the motion carried.

REFER MATTER OF BIDS FOR WATERMAIN
PROJECT NO. 4843 BACK TO COMMITTEE

Committee No. 3, Public Service, reported having considered the matter of bids for Project No. 4843, watermain on South Washington Street from 47th to 62nd Avenues South, and recommended to accept the low bid of Dakota Underground in the amount of $127,613.00 for Alternate 1 (from 47th Avenue South to 55th Avenue South), CDBG eligible.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved.

Council Members Hafner and Klave asked that this matter be referred back to committee for further consideration.

ACCEPT BID FOR PROJECT NO. 4654. RESTORE
BRICK SEWERS

Committee No. 3, Public Service, reported having considered the bids for Project No. 4654, restore brick sewers, and recommended to return the bid of ABHE and Svoboda, Inc. Prior Lake, MN unopened as it did not meet bidding requirements.

It was moved by Council Member Klave and seconded by Council Member Lunak that this recommendation be and is hereby approved. Carried 14 votes affirmative.