Committee Minutes

MINUTES/PUBLIC SERVICE COMMITTEE
Tuesday, April 27, 1999 - 5:00 p.m.

Members present: Hafner, Klave, Lucke, Lunak.

22. Timetable for environmental assessments.
Mark Anderson, eng.dept., reported that the flood mitigation project is scheduled to be bid May 10 and will comprise pri-marily dike work. Curt Siewert, Urban Development, reported that this is for information as they aren’t asking for any action. He stated their office is responsible for environmental reviews in all the projects that are funded with CDBG funds; that environmental review process is different depending on type of project, majority of projects that they have funded up to this point have grouped projects together and did area environ-mental reviews which has saved a lot of time and other projects are specific to certain areas and do differently. He stated this is flood mitigation project which is basically doing some temporary diking of flood control along the corridor of the river, parts of that corridor have already fulfilled their requirements of review regardless of what they do, and other parts they will have to do review, and part of this is flood notices and also do a notice of intent to request release of funds, timing on notices are about 3 to 4 weeks depending if added information is needed or comments received from the public. He stated his intention is to include a half dozen projects that are in progress and will do flood notice which will include numerous projects, which saves them a lot of time. He stated that the first flood notice has a 7-day waiting period and after than can continue to do more research, and if receive responses need time to address. He stated with disaster funds save two weeks on this and takes 3 to 4 weeks and with time period of May 10, will have release of funds prior to when city council approves contract award. Information.

1. Matter of ordinance re. to mobile home tie-down criteria.
Bev Collings, code enforcement officer, reported this is more of a house-keeping cleaning up item, that when FEMA park came in we realized that some of the tie-down ordinances were outdated and have worked with manufacturer of homes and installers, to bring up to modern standards. It was moved by Klave and Lucke to approve the changes, and to introduce the ordinance for first reading. Motion carried.

2. Matter of request for authorization to call for bids:
a) mowing of Southend Drainway

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Gary Goetz, wastewater, stated they would request bids for mowing from Belmont Rd. to the river, first phase; second phase from Chestnut west has been seeded but won’t need to be mowed until later in the year and will add to the bidding contract. He stated if bids come in too high will probably end up cutting it themselves (buy some equipment and do it).

b) purchase used 2.5 ton truck (wastewater)
Mr. Goetz reported they had received authorization pre-viously to purchase that vehicle, requested bids and didn’t received any; that their next step is for Todd Feland and himself to look for a used truck and purchase it with a limit of up to $40,000.

Klave and Lucke moved to call for bids for mowing and authori-zated wastewater to purchase a used 2.5 ton truck not to exceed $40,000. Motion carried.

3. Matter of temporary construction easements.
Mark Anderson, Engineering, requested authorization to execute these easements (const. easement for sanitary sewer on 20th St. between 36th and 40th Aves. S. Proj. 4894; and a const. and utility easements for Projs. No. 4924 and 4979, on Ruemmele Road, south on 34th St. and 4-5 blocks west of Columbia Road, and another on Columbia Road at approx. 36th to 40th Ave. S). There were some questions re. $700 fee on easement by Mr. Gransberg for Proj. 4894. Mr. Anderson stated that Mr. Gransberg is not in a hurry to develop this land and it was his understanding that because of encumbrance on his land, since land is being farmed; term is for the length of the contract. Moved by Klave and Lucke to approve the easements. Motion carried.

4. Matter of considering landowners that rent (garden level
apts) to disclose the ability of obtaining flood insurance,
and matter of Bldg. Code changes not to allow const. of
uninsurable apartments.__________________________________
James Garlough stated that he had a house and because of flood moved out, not many apartments and took what he could get, garden level apartment. He stated he cannot get flood insurance (does not have an exterior exit door); that he didn’t know that when he rented the apartment and when calling insurance agents was informed by Vaaler Ins. that he could get flood insurance but it wouldn’t pay off if there was a flood. He stated he talked to Sen. Dorgan’s Office about this where even FEMA didn’t
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give him an appropriate answer about whether or not he could get flood insurance. He stated that for apartment renters or dwellers in the city that it’s incumbent upon the City to ask landlords to simply disclose to people before they get locked into leases whether or not they can get flood insurance. He stated that the other issue is that based upon what happened in 1997 that we have an obligation to citizens of the city not to create structures that can’t be insured. He stated his apartment is in the 500-year flood plain and no reason why it shouldn’t be able to be insured except that he doesn’t have an exterior door.

Bev Collings stated that NFIP and FEMA don’t write policies on contents below grade, and re. door, one full wall has to be to grade; and it’s same as in your own home, you can’t get insurance on contents in your basement. Mr. Garlough stated what he would like to see that apartment owners disclose to potential renters before they sign the lease, the insurability status for flood insurance for the apartment, and consumer can make an appropriate decision.

Klave stated that there’s no way the City can change an ordinance because a garden level building will probably still have units above it, that meets all our UBC codes, built to standards; not a feasible thing to say that garden level apartments can’t be built. Mr. Garlough stated that FEMA tells you that you have to carry flood insurance in the 100-year flood plain except have to pay for something that has absolutely no value as it will not pay off for contents coverage for people who live in that apartment. Klave stated that’s the same as a split-foyer home or dwelling with sunken living room which is not covered, but that’s not something that the City can change, that’s ruling from Federal Flood Insurance.

Mrs. Collings stated that a garden level building couldn’t be built in the floodplain and if we change our ordinances or are remapped and are more strict we wouldn’t see a new structure like that in most of the city. She stated that it’s a good issue and is brought to NFIP all the time for single family owners and tenants of units, but biggest problem is the basement apartments rather than the garden level. She stated they do not have any mechanism to put landlords on notice, State may have on leases but most people don’t have leases. Klave stated perhaps
could include on certificate of occupancy, which is issued by
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the City, but possibly tenants not see that.

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

5. Matter of scrap metal and appliances at the landfill.
Dick Newman, solid waste mgr., reported they have a stockpile of used appliances and scrap metal at the landfill and would like to have that declared surplus and authorize them to take bids. Moved by Lucke and Klave to declare the scrap metal and appliances at the landfill as surplus, and to authorize Sanitation department to take bids. Motion carried.

6. Matter of Change Order No. 2 for BDT/LPH contract for Waste-
water Treatment Plant process equipment, Proj. No. 4371.__
Lynn Brilz, KBM, Inc., reviewed the change order, that when bid package went out for BDT for the process equipment, Simplot indicated fairly large projections of increasing capacity of their discharge, resulting from that would be the need for more aeration capacity than what had originally been needed and also they were initially going to have 3 reactor tanks with provi-sions for a future fourth reactor basin, but with given projected expansion they were designing for the allowance of a future fifth and sixth reactor basin, and that means that the headloss would generate in a greater water depth and would need more horsepower to push that air through the reactor tanks, and given the increase in horsepower a 4160 volt motor is better suited than a 480 volt. He stated that the increased back pressure on the blowers would generate a higher heat loss through the blowers and the temperature and piping would be greater and more suited to stainless steel, and City staff has preferred; and recommended approval of the change order in the amount of $98,600. It was moved by Lucke and Lunak to approve the change order in the amount of $98,600. Motion carried.

7. Matter of Project Concept Report for Proj. 4806 paving
Mill Road from Gateway Drive to Highway 81.___________
Hugh Veit, KBM, Inc., stated this is an administrative clean-up issue since the last time he was here, council approved plans and specs. for the project, and this is the executive summary that needs to be approved and signed off by the mayor for the project concept report and these are all issues that have been before the committee and approved. Moved by Klave and Lucke to approve. Motion carried.

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8. Matter of paving options for Proj. 4714 N. 55th St. from
DeMers Ave. to Gateway Drive (information only)_________
Mr. Grasser reported that CPS is under contract work on the N. 55th Street project, brought to committee about a month ago and have worked up some alternatives that might be considered for taking care of a potential problem but after talking with Mr. Brooks it’s an existing problem of dust; originally they were going to bring the project in as a 100% special assessment project but recognized some of the political fallout that may result from putting high special assessments on some of the properties in Congressional Subdivs. and asked CPS to put together some alternatives, present to committee and see if committee can give them some direction as to which alternative they might want to proceed with.

Todd Pfenning, CPS, reported that storm sewer had been installed last summer; and when starting work on this project some of the cost estimates came out for the full project special assessments were quite high, and reviewed options in the report they had prepared on North 55th Street paving alternatives: 1) do nothing and leave gravel section as it is and still have high main-tenance problem, road closures in spring and dust problem - existing ditches would need to be cleaned and repaired; 2) full project as currently designed, full urban section with curb and gutter, best as far as performance, est. special assessment and tapping fee cost $1,802,893.00; 3) full project except drainage ditch and bikepath. est. special assessment and tapping fee cost, $1,648,288.00, could probably do the bikepath later with Transp. Enhancement funds; 4) construct 26’ wide temporary asphalt section rather than 41’ wide concrete pavement section, would be a rural section, have ditch improvements along with the project, would take care of dust problem and road closure problem, asphalt does have higher maint. cost than concrete, and you would eventually build a full width urban section so costs in the long term would be more, that federal urban funds maybe available to replace temporary asphalt section in the future, but not available for this project; 5) constructing 26’ wide temporary asphalt section over the existing gravel section, total est. special assessment and tapping fee cost, $366,080.00, that difference between this and 4) is that you do not put base in, put in leveling course of gravel and pave over the existing gravel section, would be a very short term solution as it probably wouldn’t hold up for more than a few years, lot of
truck traffic from Hwy. 2 to DeMers. He stated that this was
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for committee’s information.

Mr. Grasser stated there are different ramifications on these options; that he would caution committee on last option which is a temporary section, that with out subgrade conditions out there, would be cautious to expect more that maybe more than two years out of this; 4) perhaps last 6 to 8 years, and gives us a chance to program monies into Urban Roads funds, can’t do now because those funds are committed for this year and next year, depending on what do with 42nd Street underpass. Klave stated it would be easier to make that decision if knew what financial impact per household was than the overall cost. Mr. Grasser stated they don’t know that but could give an educated guess. Mr. Grasser stated that if committee could give an indication of which alternate, they could prepare some special assessment district maps for the next meeting. Hafner stated that if 55th done, it would be a benefit to the development of the whole neighborhood. Klave stated he would like to see the paving done, either Alternate 2 or 3)

Council Member Brooks stated he has heard from number of businesses and they want the dust problem taken care of, he will give CPS’s information to the businesses, and if they have some other suggestions they could come to council.

The committee suggested that they go with 2) and 3) and bring to next meeting. Information.

9. Matter of accelerated time schedule for southend infra-
structure projects.____________________________________
Mr. Grasser reported they had some information provided last week, that with the CDBG program funding because the low and moderate income requirements, that the southend development projects need to go into the 1997 grant (two grants were received for CDBG funding - the 1997 grant which was for $50 million and the 1998 grant in February for $121 million), that the southend infrastructure needs to go under the 1997 grant, which gives the City a deadline to get it under contract of July 7 of this year. He stated they met with Urban Development and have some recommendations as to how to proceed: need to figure out how to get these projects done in the timeframe that we’ve been given, when they met with Urban Development they decided that the water tower has a city-wide benefit and can go into the 1998 grant so don’t have to bid that right away; the lift
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stations on west side and associated forcemain and gravity mains is one they would accelerate and have talked to our consultants and they feel they can get these things done for us in that timeframe, and others indicate an accelerated project and that includes paving on Columbia Road, watermain on 62nd Avenue South, watermain on 47th from Belmont Road to Washington and those would be accelerated projects and are within original scope of work, except for paving on Columbia Rd. did add the extra half mile. He stated their plan is to accelerate those projects, get under contract by July 7 and proceed. He stated the question he had for the committee was that they had budgeted basically $15 million to do this work and had an expanded scope of projects that were brought down to meet budget constraints; but now that getting into the bidding process finding that receiving such good bids that can probably do this work for substantially less than the $15 million, and would like to go back and include some of the original work that had been cut out to meet budget constraints, and add some of these things by change order by July 7. Mr. Grasser noted that Mark Anderson had put together the spread sheet and with all the proposed changes that they would do with change orders and accelerated projects, projecting costs to be about $13.5 million (and also includes 42nd St.). He stated they were trying to get ready to put utilities and paving on 42nd St. and property owners are not in favor of the special assessments that would come in, and it appears that they would have to go through condemnation to obtain the easements and what trying to do on this is to make this project more palatable to them, that we need to install storm sewer, sanitary sewer and watermain before paving, and would like to offer those property owners the alternative that we could provide them a free sanitary sewer as part of the development process (as this is land that will be opened for development), provided that they give us the easements and try to avoid having to go to court to condemn easements and do the projects. He stated it’s his recommendation to do this, lot of headaches can avoid, and lot of positive things can accomplish by doing this, but are expanding the scope of that original southend, and that there are dollar savings available from that work to accomplish this, and all is included in the $13.5 million project.

Mr. Grasser stated that his other recommendation was that the difference from the $13.5 to $15 million go into flood hazard mitigation projects. He stated that late developments that are occurring now - Urban Development is going to recommend to Urban
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Development Committee tomorrow is to actually take some monies out of the southend development to help pay for some of the things that are going on in the Congressional Subdivisions but there’s still $1.5 million left but will cut into what might be available for flood hazard mitigation funds.

Mr. Grasser stated that he doesn’t have a breakdown of what all the change orders would end up being, that the cost of putting the sanitary on 42nd Street is about $440,000, and other sanitary sewer on 47th Ave. S. from Cherry to 11th Street is $125,000, and rest of the change orders aren’t big ticket items, one that will come up again tonight - sanitary sewer to serve the fire station, and if choose not to fund that in this concept with CDBG money, will have to create a district on this tonight which will special assess the City, half is outside the city limits and would mean City will pick up as a tapping fee, but need to get sewer in there to make the fire station work. He stated there’s a holding pond there and doesn’t know what availability is ever going to be on picking up those tapping fees.

Moved by Klave and Lucke to proceed in expedited manner of those projects that are on listing (attached), including change orders on the projects. Motion carried.

10. Matter of sanitary sewer lining under South Jr. High.
Mr. Grasser reported that the South Jr. High rehab was approved by the council some time ago, that the building sits on top of a sanitary sewer (old clay style sewer), and during the process of the project development engineering worked with them about exploring options about trying to encase the sewer, bore it or do different things, some things too expensive, and ended up agreeing to was that the developer would go in and reline that sewer, slip line it which should be cost effective now that they have these people in town anyway, and engineering removed any objections for the project to proceed, has been proceeding but the problem is they’ve ignored us since then. He stated his intent is to create a special assessment district to do that relining and assess to that property. Committee asked if those units are going to be sold, so the assessments would fall on whoever buys the units and not the developer. Mr. Grasser stated he wasn’t sure if units sold or rented; but if did privately they would incorporate costs in their sales price.
Klave expressed concern that there was an agreement reached that they were going to do this, and suggested they put a cease and
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desist order on the project until they proceed. Mr. Grasser stated that the comments were made during the site plan review process and it’s part of that review so if they don’t do it, they’re not in compliance with their site plan. Lunak stated that before taking any steps, to give them another chance to do it. Mr. Grasser suggested he could write a letter to the developer and say that the indications we’re getting from Public Service is that they will be directed to issue a cease and desist order on this project if they don’t comply with getting this work done by a specific date, and giving engineering a plan for having it done by certain date (two weeks), and still gives City ability to create the district. He noted that it was part of the site plan comments, they have a policy where can’t put structures over the top of sanitary sewers, couldn’t do the project and City agreed to back off or recommend backing off of that if they would go back and line it because people who would buy units if sewer collapsed and bottom floors start settling and falling in will be responsible and at that point it’s almost impossible to fix it (while it’s round can line it). Committee directed that Mr. Grasser write a letter to the developer and report back to committee.

11. Matter of sanitary sewer on S. 42nd St. from 17th-29th Ave.
Mr. Grasser reported this matter resolved as part of item 9.

12. Matter of amendments to engineering services agreements for
various projects:__________________________________________
a) Amendment No. 10A (Const. adm.), GFEG, Proj. 4928, Box
culvert at 40th Ave. S. and S. 19th St. (CDBG)
Lon Aune, GFEG, reported this project has been bid and have all the contracts in place, and now approved GFEG to do the actual construction phase services for this project, $3500. Moved by Klave and Lucke to approve Amendment No. 10A in the amount of $3500. Motion carried.

b) Amendment No. 17 (design), GFEG, Proj. 4927, sanitary sewer on 55th Ave. S. from Columbia Road to LS 40 (CDBG)
c) Amendment No. 18, (design), GFEG, Proj. 4882, 4923, and 5026, watermain on 62nd Ave., S. from Columbia Road to Washington Street, watermain on 47th Ave. S. from Washington St. to Belmont Road, and watermain on S. Columbia Road from 47th to 62nd Ave. (CDBG)
d) Amendment No. 19 (design), GFEG, Proj. 4886, paving S. Columbia Road from 47th to 62nd Ave. (CDBG)
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e) Amendment No. 20 (design), GFEG, Proj. 4904, sanitary sewer on 47th Ave. S. from Cherry to 11th St. (CDBG)

Mr. Aune stated these projects b) through e) put together for the purpose of accelerating the southend development area to get these under deadline and reviewed the amendments. He stated they are asking for approval of the design and bidding phase services for these amendments (No. 17 in est. amount of $21,892.50; No. 18, est. amount $67,000; No. 19, $20,800; and No. 20, $11,500). Moved by Lunak and Lucke to approve the amendments for each of the above projects, projects CDBG eligible. Motion carried.

13. Matter of CDBG Engineering Report/creating special assess- ment district for Proj. 5017, Dist. 406, sanitary sewer on
36th Ave. S. and S. 26th St._______________________________
Mr. Anderson reported that committee’s response to item 9 allows them to construct this project using CDBG monies, this is a sanitary sewer that will run near new fire station, and asked for approval and acceptance of the engineer’s report. Moved by Klave and Lucke to approve the project and the engineer’s report. Motion carried.

14. Matter of revised special assessment district for Proj. 4993
Dist. 403, storm sewer in South Pines Addition._____________
Deleted from agenda.

15. Matter of creating special assessment districts for various
projects:__________________________________________________
a) Proj. 5018, Dist. 269, watermain on 36th Ave. S. and s. 26th St.
b) Proj. 5005, Dist. 567, paving Balsam Circle and 36th Ave. S. from Balsam to 34th St.
Mr. Anderson presented engineer’s reports, maps and timetables for these projects and asked committee for approval and to create the assessment districts.

Moved by Lucke and Klave 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. (This motion for each of the projects). Motion carried.
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16. Matter of CDBG Engineer’s Report for various projects:
a) Proj. 4972, bottleneck watermain replacement on 17th Ave. S. from 34th to 35th St.
Mr. Anderson reported this is undersized section of the watermain for removal and replacement. Mr. Grasser stated this will avoid battle with Williams Pipeline. Moved by Klave and Lucke to approve engineer’s report. Motion carried.

b) Proj. 4926, sanitary sewer on 55th Ave. S. from Washington
Street to Pump Station #39
The consultant reported this is deep gravity sewer trunkline. Moved by Klave and Lunak to approve engineer’s report. Motion carried.

17. Matter of Plans/Specs. for various projects:
a) Proj. 4841, replace outdoor siren system (CDBG)
Consultants presented engineer’s report and plans and specifications for the project which is CDBG eligible. Moved by Klave and Lucke to approve plans and specifications for the project and authorize call for bids. Motion carried.

20. Matter of engineer’s report for siren system for city.
Consultants for the project reviewed engineer’s report in the est. cost of $278,000, CDBG eligible, map attached shows limits of the work, city-wide. Moved by Lucke and Lunak to approve the engineer’s report. Motion carried.

Klave excused.

17. Matter of Plans/Specs. for various projects:
b) Proj. 4844 and 4929, storm sewer and watermain on S. 20th
St. from 36th to 40th Ave. (CDBG)
Mark Lambrecht, CPS, reported these projects are part of the southend infrastructure matrix, that the watermain helps to complete the water loop to the new middle school and throughout the south area, and storm sewer project connects a large area south of 32nd Ave. with the southend drainway; these are programmed under the cost matrix CDBG funds, and are looking for approval of plans. Moved by Lucke and Lunak to approve plans and specifications and authorize call for bids for the project, project CDBG eligible. Motion carried.

c) Proj. 5001, Dist. 268, watermain on 36th Ave. S. from Columbia Road to 30th Street.
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Mr. Lambrecht reported this is a CPS project and doesn’t have CDBG funds, and is a special assessment project in the Perkins Subdiv. Moved by Lunak and Lucke to 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.

d) Proj. 5004, Dist. 405, storm sewer on 36th Ave. S. from Balsam Circle to 34th St.
Mr. Anderson stated this is a short section of storm sewer that property owners are anxious to see. Moved by Lucke and Lunak to pass a resolution approving the plans and specifica-tions for this construction and further that the city auditor be directed to advertise for bids on the project. Motion carried.

e) Proj. 5006, Dist 127, street lights on Chestnut St.
f) Proj. 5007, Dist. 128, street lights in Johnson’s 4th
g) Proj. 5008, Dist. 129, street lights on Poplar Circle.
h) Proj. 5009, Dist. 130, street lights on N. 51st St.
I) Proj. 5011, Dist. 131, street lights on S. Pines Court.
j) Proj. 5024, Dist. 132, street lights on 36th Ave. S. from
30th St. to Columbia Road.
Mr. Anderson asked for approval of plans and specs. and authorization to call for bids. Moved by Lucke and Lunak to 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. (This recommendation for each of the projects e) through j)

k) Proj. 4891, railroad crossing At 27th Ave. N.
This item was held.

Klave reported back.

18. Matter of consideration of const. bids for various projects:
a) Proj. 4892, 1999 Traffic Signal Loop Replacement (CDBG)
Mr. Anderson reported they had two bidders and both within scope of engineer’s estimate and John Thompson recommended acceptance of the bid from Fargo Electric in the amount of $27,890. Moved by Klave and Lucke to accept the low bid of Fargo Electric in the amount of $27,890, project CDBG eligible. Motion carried.

b) Proj. 4979, Dist. 266, watermain in Perkins 4th Addn.
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Mr. Anderson reported that the low bidder was Dakota Underground in the amount of $232,175.00 and asked for acceptance of the bid. Moved by Klave and Lucke to accept the low bid of Dakota Underground in the amount of $232,175.00. Motion carried.

c) Proj. 4807, Dist. 564, paving S. Wash. St. from 40th to 47th Ave.
Hugh Veit, KBM, Inc., reported this project opened last Friday by DOT, next phase of South Washington Street, don’t have complete bid abstract, low bid was Dakota Underground, and that he does have some reservations re. contractor in this case, however, cannot find enough information that would lead him to a recommendation not to accept. He stated that they had a similar project in Bismarck and were assessed liquidated damages and still some concerns on that project. They specialize in under-ground work and are now getting into concrete work, they’ve done projects of similar magnitude. Mr. Grasser stated that City will manage contract but using Federal and State dollars. Mr. Veit stated that there has to be some coordination between two contractors on the project. Moved by Lunak and Lucke to concur with the recommendation of the ND State Department of Transpor-tation and award the bid to Dakota Underground in the amount of $2,523,231.52. Motion carried.

d) Proj. 4969, Phase II Downtown Watermain Replacement (CDBG)
Anita Mehle, A/E, reported that this project is for installation of 26 blocks of watermain in the downtown area and received four bids, low bid was received by S.J. Louis Construc-tion, Inc. for $2,265,222.00, bid was below the engineer’s estimate; contractor is now under contract with the City and they feel comfortable and capable of performing this project, and recommended awarding the construction contract to S.J. Louis Construction. Moved by Lucke and Lunak to accept the low bid of S.J. Louis Construction in the amount of $2,265,222.00, project CDBG eligible. Motion carried.

e) Proj. 4879, and 4924, storm sewer on S. Columbia Road from 40th to 48th Ave., watermain on S. Columbia Road from 36th to 47th Ave., and storm sewer on S. Columbia Road from 36th to 40th Ave. (CDBG)
f) Proj. 4881 and 4925, watermain and storm sewer on 47th Ave. S. from Columbia Road to 20th St. (CDBG)
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Mr. Lambrecht, CPS, reported this is a series of projects in the southend infrastructure matrix that were combined together for expediency and economy of scale and bidding. Schedule A on the bid tabulation is item e) on the agenda; Schedule B is item f) on the agenda; that they allowed the contractors to bid on Schedule A only, Schedule B, only, or Schedule C which is a combination of A and B. He reported that the low bidder was United Crane of Grand Forks and they bid Schedule C for all of the work, they haven’t done a project quite this big under contract with the City but have done several projects and have a very nice job and carry a good reputation; that they talked with Gary Hughes and he indicated comfort with how they had bid and comfort with doing all of the work, and recommended award for Schedule C, including all projects, to United Crane in the amount of $978,767.25. Moved by Lunak and Klave to accept the low bid of United Crane for Schedule C in the amount of $978,767.25. Motion carried.

19. Matter of change orders for various projects:
a) Proj. 4719, restore sanitary sewers Area 2 C.O. #5 (CDBG)
A rep. of Webster, Foster & Weston reviewed the change order for replacement of chimney seals on manholes and inlets on these restoration projects to stop infiltration of water through the casting and inlets, in the amount of $13,689.32. Moved by Klave and Lucke to approve the change order in the amount of $13,689.32, Lametti & Sons, Inc., contractor. Motion carried.

b) Proj. 4860, restore storm sewers Area 2 C.O. #3 (CDBG)
A rep. of Webster, Foster & Weston reviewed change order at North 4th Street and 6th Avenue North, Molstad Excavating, Inc., contractor, and will regrade pipe and inlet work in that same intersection in the amount of $11,585.00. Moved by Klave and Lucke to approve the change order. Motion carried.

21. Request from Nodak Contracting for temporary waiver re.
noise ordinance during construction on S. Washington St.
from 2600 blk. to 40th Avenue South.____________________
It was noted this would normally go to Public Safety but missed it and Mr. Bakken agreed that it come to this committee. Mr. Anderson reported that Nodak is requesting that we provide a temporary waiver re. the noise ordinance during construction because in the initial phases of the project, that for 4 or 5 working days they would like to run a 24-hour operation and is agreeable to and preferred by the property owners in the area,
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businesses would like that project to move along as quickly as possible, and other times throughout the project life in which they would also do that operation. Moved by Lucke and Klave to grant a temporary waiver of the noise ordinance during construc-tion of the project. Motion carried.

23. Request for power to act on removal of clay on Belmont
Road._________________________________________________
Mr. Grasser reported that the City has built a dike on Belmont three out of last four years, FEMA is not in favor of coming in and funding this, that it is turning into 100% City cost; that the cost for hauling clay is $80-90,000 and looking a similar cost to remove it ($200,000 is equivalent of 3 mills in taxes). He stated with frequency of flooding and discussions had with Flood Control Committee, and high level of interest in doing something so don’t have to do this every year. Mr. Grasser stated they don’t have any CDBG money obligated to do this and that it would be the Flood Comm. that would make recommendation to obligate money.

Mr. Grasser stated their plans are to meet with Mr. Staley and hold at least one neighborhood meeting with residents next week, get information out to council members by Friday or Monday and show different alternatives as to what might be able to accomplish out there: build a dike back on Chestnut St and up the alley, make some small changes on west side of Belmont Road where homes have been removed, try to raise Belmont Road to different elevations, or build something on golf course and to get information they might need to make a recommendation or authorization. He stated they could possibly hold a special Flood Protection Comm. on Wednesday, and at that point in time is to have committee give them a recommended plan of action. He stated the reason for moving this along as quickly as can is the need to get that clay off the road, and if received authorization from city council to award directly out of Public Service Comm.; bids will be opened on May 10 and Public Service will meet on the 10th and if council gives authorization, could award it out of committee.

Mr. Grasser stated that if council decides that raising Belmont Road is best alternative, Belmont Road would be closed for quite some time, etc., that they wouldn’t remove existing curb and gutter but build on top of it and process will take 6 weeks.
Klave stated that with Belmont closed and with South Washington
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April 27, 1999 - Page 16________

under construction, limits residents to Cherry St., etc. Mr. Grasser stated that if chosen alternative is to go on golf course, could take equipment out and doze off to the side for now and start construction.

John Staley, Park District, stated they are trying to work it out, maybe right thing to do is put it on the golf course, and not opposed to that, however, they would like to keep portion of golf course open. He stated they are trying to find the right solution and save public money and try to get open as quickly as possible. He stated that flooding is increasing at ever increas-ing rates and severity in the Red River Valley.

Moved by Klave and Lunak to grant Public Service Committee POWER TO ACT on Project No. 5015, 1999-2000 Flood Mitigation, and to award diretly out of committee. Motion carried.

The committee moved to adjourn; meeting adjourned at 7:05 p.m.

Alice Fontaine
City Clerk

Dated: 4/28/99