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PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
March 1, 1999

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, March 1, 1999 at the hour of 7:30 o’clock p.m. with Mayor Owens presiding. Present at roll call were Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Beyer, Babinchak, Bakken, Hafner, Martinson - 10; absent: Council Members Polovitz, Glassheim, Lunak - 3.

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.

COUNCIL MEMBER KLAVE REPORTED PRESENT

MATTER OF FLOOD REPORT

Ken Vein, city engineer, reviewed information which had been presented to the council members; that the Corps of Engineers is continuing to work on the geotechnical aspects of the project with Shannon and Wilson, looking at some of the stability solutions that may be out there; that Lisa Hedin of the Corps will be coming to Grand Forks on March 16 to give an update on what the Corps of Engineers is doing and where they are at with the flood protection committee; she will be available to give a public update at 7:00 p.m. that same evening. He reported that the Corps has signed a contract for the surveying and mitigation of standing historic structures that would be impacted by the dike and that will include the downtown pedestrian bridge and the Corps will be working with the consultants on that. He stated that under the city consultants’ updates, Shannon and Wilson is working with Advanced Engineering on the design of the foundations for the raw water intake structure, looking at three sites and still continuing to work on the geotechnical issues surrounding the dike alignment and will continue with that looking for a report to be given sometime in April or May.

Mr. Vein reported that the City will be receiving proposals on March 2 from engineering firms for providing services for looking at evaluation of the southend alignment (south of the city limits) and continuing with the design and study of relocation of some of the lift stations that are impacted by the levee alignment.

Mr. Vein reported that under project financing the federal appropriation process, our Congressional delegation continues to work on federal appropriations on the project, and that he, Mayor Owens and other staff members will be going to Washington, D.C. in March to meet with appropriations committees on both the House and Senate sides.

Mayor Owens reviewed the State appropriation process - that the Senate passed Senate Bill 2188 on a 42-7 vote on February 15, 1999 and this will be a State project and it is the first of its kind in the nation, we will have the first State water plan that will be a law. She stated that Sen. Nething, chairperson of the appropriations committee and Sen. Gary Nelson, majority leader, were instrumental in garnering support for the amendments and seeing the bill passed. She stated that local legislators also worked behind the scenes on behalf of this project, that funding is earmarked to come from the tobacco settlement money the State should receive. She stated there is a section in the bill that requires the City, in addition to the bonds, to give profits from the rental of the Corporate Center to the State after the original Corporate Center bonds are paid, assuming this meets with federal guidelines, that this would be about $550,000/annually. She stated that the original bill that involved funding for only the Grand Forks project was defeated on the Senate floor on February 16; Senate Bill 2188 now goes to the House appropriations committee on March 4 for consideration. She stated that she, Council Member Carpenter, City staff and representatives of the Chamber will be traveling to Bismarck to testify in support of the bill. She stated that the House did pass a bill before cross-over that also appropriated tobacco monies for water projects, and the bill allocated thirty-five percent of the tobacco money for these projects, while the Senate version had allocated forty-five and the City’s monitoring the progress of this bill as well.

Mr. Vein reported that under local funding there is no update from the last report; that under the acquisition Phase IV, voluntary acquisition program, for those properties affected by the proposed dike line, deadline for signing the purchase agreement was today. He stated that the Relocation Services Committee has met and will continue to meet to look at how they will proceed with the future acquisition process and will be interviewing of consultants this month for selection.

Mr. Vein reported that the Greenway Alliance met February 16 and acknowledged that the first greenway event was held on February13, Greenway Ski Day, and attracted between 500 and 600 participants. Information.

ADOPT ORDINANCE NO. 3773 RELATING TO
PAY INCREASES

An ordinance entitled “An ordinance amending Section 6-0407 of the Grand Forks City Code relating to pay increases”, which had been introduced and passed on its first reading on February 16, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of the ordinance and upon roll call, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT ORDINANCE NO. 3774, RELATING TO
SMOKING POLICY IN CITY BUILDINGS (CIVIC
AUDITORIUM)

An ordinance entitled “An ordinance amending Grand Forks City Code Section 2-0510 relating to smoking prohibited in civic auditorium”, which had been introduced and passed on its first reading on February 16, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the
ordinance adopted.

ADOPT ORDINANCE NO. 3775 RELATING TO SALE
OF CITY PROPERTY FOR HISTORIC PURPOSES AND/
OR MITIGATION

An ordinance entitled “An ordinance adopting Grand Forks City Code Section 2-0402(5)(f) relating to sale of city property for historic purposes and/or mitigation”, which had been introduced and passed on its first reading on February 16, 1999, was presented and read for consideration on second reading and final passage.

Upon call for the question of adoption of this ordinance and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the ordinance adopted.

ADOPT RESOLUTION OF VACATION OF PORTION
OF NORTH 17TH STREET R/W AND ALLEY R/W
IN BLOCK 78, ALEXANDER & IVES ADDITION

The city auditor reported that pursuant to instructions by the city council after having received a petition to vacate the portion of North 17th Street right of way and alley right of way dedicated to the city of Grand Forks and filed in the office of Register of Deeds on January 18, 1991, and said portion more specifically described as being the westerly 30 feet of Lots 8 and 9, Block 78, Alexander and Ives Addition, including portion of east/west alley adjacent thereto, said right of way vacation being subject to a sidewalk and utility easement on the easterly23 feet thereof, the required legal notice had been published calling for a public hearing to be held this evening, and further that no protests or grievances had been filed with regard to this matter.

Mayor Owens called for the public hearing, there were no comments and the hearing was closed.

It was moved by Council Member Babinchak and seconded by Council Member Hafner that we do hereby declare an insufficiency of protest to the proposed vacation. Carried 11 votes affirmative.

Council Member Babinchak introduced the following resolution which was presented and read: Document No. 7688 - Resolution.

It was moved by Council Babinchak and seconded by Council Member Martinson that this resolution be and is hereby adopted. Carried 11 votes affirmative.

CONSIDER MATTER OF MPO REPORT AND REQUEST
FOR WORK PROGRAM

Council Member Beyer reported this is calling for any transportation projects or projects the MPO would put in work program, and if anyone has any to forward to MPO.

REFER CONSENT AGENDA ITEMS TO COMMITTEE

It was moved by Council Member Bouley and seconded by Council Member Beyer that the consent agenda items be referred to the proper committee as noted for investigation, consideration and report back. Carried 11 votes affirmative.

Finance Committee:
1) matter of taxable Corporate Center Building bonds, Series 1999A.

Public Service Committee:
1) matter of public nuisance at 1003 2nd Avenue North.

Urban Development Committee:
1) matter of RFP for redevelopment of lot at 405 South 5th Street.
2) matter of review and selection of RFP’s for private sale rehab-on-site properties.
3) matter of indoor playground equipment.
4) matter of Phase III buyout extension
5) matter of abatement and demolition of 307 Division.
6) matter of City Center Mall change orders and substantial completion
7) matter of storefront bids
8) matter of relocation of 201 South 3rd Street
9) matter of request for extension to Voucher Program

REPORTS OF OFFICERS

The city auditor’s report on the City’s investments for period ending February 28, 1999, was presented and read. It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this report be received and filed. Carried 11 votes affirmative.

APPROVE BILLS

Vendor Payment Listing No. 99-03, dated March 3, 1999, and totaling $2,800,002.55, 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 Bakken 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, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the bills ordered paid.

SUSPEND AGENDA

Council Member Carpenter asked that they suspend the reading of the agenda for items listed under reports of standing committees (with exception of items that were considered by committee where council had not received minutes). The motion was seconded by Council Member Martinson. Carried 11 votes affirmative.

APPROVE APPLICATION FOR ABATEMENT
OF 1997 AND 1998 TAXES ON PROPERTY AT
1330 ALLWOOD COURT

Committee No. 1, Finance, reported having considered the application for abatement of 1997 and 1998 taxes by Mark A. and Colleen K. Nelson, 1330 Allwood Court, and recommended approval of an abatement of 1997 and 1998 taxes for 1330 Allwood Court..

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved, and further that the findings, conclusions and recommendations as prepared by the city attorney be and are hereby adopted. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay. Mayor Owens declared the motion carried.

APPROVE THREE-YEAR REMODELING EXEMPTION
AT 802 NORTH 43RD STREET

Committee No. 1, Finance, reported having considered the matter of remodeling exemption at 802 North 43rd Street, Brekke Building, and recommended approval of a three-year remodeling exemption for 802 North 43rd Street.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE LEASING OF PROPERTY AT 316 NORTH
4TH STREET TO JOHN FRENCH

Committee No. 1, Finance, reported having considered the matter of proposed City Hall parking lot, North 4th Street and 4th Avenue North, matter of land lease to John French, and recommended to delete the words under #3 “as a parking lot” and allow the City administrators to enter into an agreement pending approval by the city council after consultation with Mr. French to understand the zoning and necessary requirements.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

INTRODUCE ORDINANCE ALLOWING FOR ADDITIONAL
COMPENSATION FOR MEMBERS OF CIVIL SERVICE
COMMISSION

Committee No. 1, Finance, reported having considered the matter of additional compensation for Civil Service Commission members, and recommended Proposal B, that each member of the Civil Service Commission shall be compensated according to the schedule for each meeting attended plus actual expenses, but the per diem shall not exceed one thousand five hundred dollars ($1,500.00) per year.; that any meeting that is four hours or less forty dollars and any meeting that exceed four hours, eighty dollars.

It was moved by Council Member Carpenter and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Carpenter introduced an ordinance entitled “An ordinance amending Section 6-0204 of the Grand Forks City Code relating to compensation of civil service commission members”, which was presented, read and passed on its first reading.

AMEND 1999 BUDGET BY TRANSFERRING CITY
CENTER MALL FUNDS INTO PARKING AUTHORITY
ACCOUNT

Committee No. 1, Finance, reported having considered the matter of 1999 budget request by Central Business District Authority, and recommended approval to amend the 1999 budget adding the Parking Authority budget with assessments at $100,000 and approve the transfer of remaining City Center Mall funds in the amount of $105,562.70 into the Parking Authority account.

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

After some discussion and upon call for the question and upon voice vote, the motion carried 9 votes affirmative, Council Member Brooks voted against the motion.

APPROVE REQUEST FROM GRAND FORKS SUBSTANCE
ABUSE AND TRAFFIC SAFETY COUNCIL TO CLOSE
PORTION OF NORTH 4TH STREET FOR HOLDING “MOCK
CRASH” IN COOPERATION WITH CENTRAL HIGH SCHOOL

Committee No. 2, Public Safety, reported having considered the matter of request from Grand Forks Substance Abuse and Traffic Safety Council to close block of North 4th Street on April 13 for purpose of conducting a “mock crash” in cooperation with Central High School, and recommended to approve the request for closing the street contingent on fire and police approval, with a “rain” day of April 15.

It was moved by Council Member Bouley and seconded by Council Member Martinson that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE AGREEMENT FOR RADIO SYSTEM
FOR FIRE DEPARTMENT

Committee No. 2, Public Safety, reported having considered the matter of 800 radio system contract proposal for Fire Department, and recommended to approve entering into an agreement with Stone’s Mobile Radio, Inc. in an amount of $30,557.22.

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, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO AGREEMENT WITH
NATIONAL GUARD FOR VEHICLE IMPOUND

Committee No. 2, Public Safety, reported having considered the matter of contract with the National Guard for vehicle impound, and recommended to approve entering into the lease with the National Guard, contingent upon review 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, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENTS

An amendment to the budget for the Wellness Program in the amount of $1,436.00 to reflect unexpended funds in the 1998 budget, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

An amendment to the budget for the Flood recovery Nursing Grant in the amount of $32,728.00 to reflect unexpended grant funds in 1998 budget, was presented and read. It was moved by Council Member Bouley and seconded by Council Member Martinson that this budget amendment be and is hereby approved. Carried 11 votes affirmative.

DECLARE CERTAIN PROPERTY IN WASTEWATER
DEPARTMENT AS SURPLUS AND OFFER FOR SALE

Committee No. 3, Public Service, reported having considered the matter of surplus property in wastewater department (two bucket machines which were flood damaged), and recommended to declare the property as surplus and to approve sale of the property.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE ENTERING INTO ENCROACHMENT
AGREEMENT WITH GRAND FORKS HERALD RE.
PLACEMENT OF STREET LIGHTS IN PUBLIC SIDEWALK

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement with the Grand Forks Herald for placement of street light in public sidewalk, and recommended to authorize entering into an encroachment agreement.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO ENCROACHMENT
AGREEMENT AT SIMONSON’S, 4720 GATEWAY DRIVE

Committee No. 3, Public Service, reported having considered the matter of encroachment agreement at 4720 Gateway Drive, Arch Simonson, and recommended to authorize entering into an encroachment agreement for installation of a sign at 4720 Gateway Drive, contingent upon holding the City harmless, with Simonsons responsible for removal/replacement subject to requirements by the City.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

MATTER OF PUBLIC WORKS FACILITY RENOVA-
TION, PROJECT NO. 4822

Committee No. 3, Public Service, reported having considered the matter of Project No. 4822, Public Works facility renovation, and recommended to approve the estimated cost for renovation at the $1.17 million with renovation meeting Code.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AGREEMENT WITH SHANNON AND
WILSON FOR GEOTECHNICAL ENGINEERING FOR
PROJECT NO. 4769, PHASE II, RAW WATER INTAKE
LINES AND TRANSMISSION LINES

Committee No. 3, Public Service, reported having considered the matter of geotechnical engineering for raw water intake lines and transmission lines, Phase 2, Shannon and Wilson, Project No. 4769, and recommended to approve agreement for Phase 2 in the amount of $154,069.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE REQUEST BY CRARY HOMES TO
INSTALL UTILITIES AND PAVEMENT IN SOUTH
PINES ADDITION, SUBJECT TO LETTER OF CREDIT

Committee No. 3, Public Service, reported having considered the matter of request by Crary Homes to install utilities and pavement in South Pines Addition, and recommended to approve project contingent upon receiving the letter of credit prior to award of the bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE REQUEST FOR CONSULTANT FOR
ENGINEERING SERVICES FOR UNIVERSITY
VILLAGE INFRASTRUCTURE

Committee No. 3, Public Service, reported having considered the matter of consultant selection of request for proposals for engineering services for University Village infrastructure, and recommended to authorize selection of CPS, Ltd. as consultant for the project.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

AUTHORIZE ENTERING INTO CONTRACT FOR
CONSULTING SERVICES WITH LeCLERC REAL
ESTATE AND SURVEYING SERVICES

Committee No. 3, Public Service, reported having considered the matter of consulting services with LeClerc Real Estate and Surveying Services, and recommended to authorize entering into contract at $34/hour, with contract not to exceed $15,000 for 1999.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4865

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements, various projects, Amendment No. 6, construction administration, Webster, Foster & Weston, Project No. 4865, restore sanitary sewer in Area 4, CDBG, and recommended to approve Amendment No. 6 to the engineering services agreement with Webster, Foster & Weston in the amount of $79,206.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT TO ENGINEERING SERVICES
AGREEMENT FOR PROJECT NO. 4687

Committee No. 3, Public Service, reported having considered the matter of amendments to engineering services agreements, various projects, Amendment No. 1, additional engineering work, Webster, Foster & Weston, Project No. 4687, sewer cleaning and televising (CDBG), and recommended to approve Amendment No. 1 to the engineering services agreement with Webster, Foster & Weston to increase maximum amount payable to $140,000.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4854

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4854, sanitary forcemain on South Columbia Road, 17th Avenue South to 24th Avenue South, and recommended to approve the Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4983

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4983, replace Pump Station No. 27, and recommended to approve the Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4806

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4806, Mill Road rehabilitation, and recommended to approve Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4878

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4878, watermain on South Columbia Road from 36th to 47th Avenues South, and recommended to approve Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4881

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4881, watermain on 47th Avenue South from Columbia Road to South 20th Street, and recommended to approve Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4925

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4925, storm sewer on 47th Avenue South from Columbia Road to South 20th Street, and recommended to approve Engineer’s Report, project CDBG eligible.
It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE ENGINEER’S REPORT, PROJECT NO. 4970

Committee No. 3, Public Service, reported having considered the matter of CDBG Engineer’s Reports for various projects, Project No. 4970, watermain on 47th Avenue South from Columbia Road to South 20th Street, and recommended to approve Engineer’s Report, project CDBG eligible.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4845, STORM SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4845, storm sewer on South 34th Street from 36th to 40th Avenue South, CDBG, and recommended to approve the plans and specifications and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
PROJECT NO. 4894, SANITARY SEWER

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4894, sanitary on South 20th Street from 36th to 40th Avenues South and on 36th Avenue South from 20th to 25th Street, CDBG, and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR
WATERMAIN PROJECT NO. 4968

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4968, bottleneck watermain replacement on 28th Avenue South and Washington Street, CDBG, and recommended to approve plans and specifications, and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4839, WATERMAIN DISTRICT NO. 264

The city engineer’s estimates of total cost of the construction of watermain on South 20th Street from 40th to 47th Avenues South, in the amount of $116,997.00, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4839, District No. 264, watermain on South 20th Street from 40th to 47th Avenues South, and recommended that we 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.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7689 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4919, WATERMAIN DISTRICT NO. 265

The city engineer’s estimates of total cost of the construction of watermain on 45th Avenue South from south 20th to South25th Streets, in the amount of $85,840.12, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4919, District No. 265, watermain on 45th Avenue South from South 20th Street to South 25th Street, and on South 25th Street from 45th to 47th Avenue South, and recommended that we 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.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7690 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4939, SEWER DISTRICT NO. 401

The city engineer’s estimates of total cost of the construction of watermain on 45th Avenue South from south 20th to South 25th Streets and on South 20th and on South 25th Street from 45th to 47th Avenue South, in the amount of $181,652.62, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4939, District No. 401, storm sewer on 45th Avenue South from 20th to 25th Streets and on South 20th and 25th Streets from 45th to 47th Avenue South, and recommended that we 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.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7691 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS,
PROJECT NO. 4979, WATERMAIN DISTRICT NO. 266

The city engineer’s estimates of total cost of the construction of watermain in Perkins 4th Addition, in the amount of $288,681.75, was presented and read.

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4979, District No. 266, watermain in Perkins 4th Addition, and recommended that we 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.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

Council Member Lucke introduced the following resolution which was presented and read: Document No. 7692 - Resolution.

It was moved by Council Member Lucke and seconded by Council Member Klave that this resolution be and is hereby adopted. Carried 11 votes affirmative.

APPROVE PLANS AND SPECIFICATIONS FOR PROJECT
NO. 4861

Committee No. 3, Public Service, reported having considered the matter of plans and specifications for Project No. 4861, restore sanitary sewer in Area 1 (CDBG), and recommended to approve plans and specifications and authorize call for bids.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

ACCEPT BID FOR PROJECT NO. 4851, SANITARY
SEWER FORCEMAIN, AND AWARD CONTRACT
Committee No. 3, Public Service, reported having considered the matter of construction bids for Project No. 4851, sanitary forcemain from Pump Station 39, CDBG, and recommended to accept the low bid of S. J. Louis Construction, Inc. in the amount of $1,236,664.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved, and the contract awarded. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR PROJECT NO. 4866, STORM SEWER
AREA 4

Committee No. 3, Public Service, reported having considered the matter of consideration of construction bids for Project No. 4866, restore storm sewer on Area 4, CDBG, and recommended that we note irregularity in Molstad’s bid as follows: two number included for unit price on bid items Nos. 23.047 and 23.048 with low numbers governing, and further that we accept the low bid of Molstad Excavating in the amount of $2,397,522.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried and the contract awarded.

APPROVE CHANGE ORDER, PROJECT NO. 4684

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4684, sanitary Pump Station #33, Change Order #1, Construction Engineers, Ltd., contractor, and recommended to approve the change order in the amount of $10,531.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4752

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4752, rehab Pump Station #9, Rick Electric, Change Order No. 2, and recommended to approve the change order in the amount of $1,973.18.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4433

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4433, GFAFB watermain and booster station, Change Order #2, Swanberg Construction, Inc., contractor, and recommended that the change order be approved in the amount of $594.00 and that the completion date of the project be extended to March 15, 1999.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CHANGE ORDER, PROJECT NO. 4756

Committee No. 3, Public Service, reported having considered the matter of change order for Project No. 4756, paving Belmont Road, Change Order #3, CDBG, Strata Corporation, contractor, and recommended to approve the change order in the amount of $1,125.00.

It was moved by Council Member Lucke and seconded by Council Member Klave that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

ACCEPT BID FOR LANDFILL PAYLOADER

Committee No. 3, Public Service, reported having considered the matter of landfill payloader bids, and recommended to accept the bid of RDO Equipment in the amount of $218,500, with guaranteed buyback after five years or 10,000 hours, to accept Options B and C, and further to accept Butler’s guaranteed buyback of 1994 Caterpillar of $85,000.

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

There was some discussion relative to bid specifications. Mr. Swanson reported that he advised committee having not seen the actual bids tabulation sheets, that it was not his opinion that there was an obvious defect on the bid and that the committee could allow withdrawal of the bid if the vendor sought to do so but that the committee was not obligated to allow withdrawal of the bid. He stated that the committee’s motion was re. discussion of withdrawal of the bid didn’t seem to materialize and was not asked for by the vendor, and that committee took the base bid and the two options.

Upon call for the question and upon roll call vote, the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Bakken, Hafner, Martinson - 11; voting “nay”: Council Member Babinchak - 1. Mayor Owens declared the motion carried.

ADOPT WRITTEN FINDINGS OF FACT, CONCLUSIONS,
LAW AND ORDER ON VIOLATION OF DISCHARGING
HAULED WASTE INTO CITY’S SANITARY SEWER BY
P.D.Q. SANITARY SERVICES, INC.

Committee No. 3, Public Service, reported having considered the matter of appeal hearing on violation of discharging hauled waste into City’s sanitary sewer by P.D.Q. Sanitary Services, Inc., and recommended that a certified letter to PDQ Sanitary Services, Inc. assessing them of a fine of $4,000 with ten (10) working days for payment of the fine, and if payment of the fine is not made within the specified time to no longer issue them a permit.

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

Mr. Swanson stated that this item deals with an appeal from the administrative fine to PDQ Sanitary Services, Inc., the committee had before it on two separate occasions, a factual summary, the motion from the committee imposes a fine of $4,000 and further requires a payment be made within 10 days and that in the event that payment is not made within the time that all permits can either be suspended or withheld and no future permits would be issued to PDQ or any successors to the business or their principals. He requested that the motion out of committee be amended to simply adopt the written findings of fact, conclusions, law and order. It was so moved by Klave and Hafner to amend the motion.

Council Member Klave reported that this matter came to committee thirty days prior, and at that time they requested the information from P.D.Q., gave them thirty days to bring that information back to committee and at the last public service committee meeting there were no representatives, and no information had been received by city staff.

Upon call for the question on the amendment and upon voice vote, the motion carried 11 votes affirmative.

Upon call for the question on the original motion, as amended, the motion carried 11 votes affirmative.

AUTHORIZE PURCHASE OF 250 LEVEE STREET

Committee No. 4, Urban Development, reported having considered the matter of purchase of 250 Levee Street, and recommended to grant Urban Development authorization to make an offer to First National Bank in the amount of $100 for the property at 250 Levee Street.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Bakken, Hafner, Martinson - 11; voting “nay”: Council Member Babinchak - 1. Mayor Owens declared the motion carried.

DECLARE CERTAIN GARAGES AS SURPLUS AND
OFFER FOR SALE

Committee No. 4, Urban Development, reported having considered the matter of third round sale of surplus garages, and recommended to declare the following garages surplus and offer for sale:
811 Almonte Avenue; 1023 and 1109 Lanark Avenue; 1406, 1610 and 1714 Lewis Blvd.; 505 and 520 Plum Avenue; 422 Walnut Street; 1823 North 4th Street; 919 North 25th Street; 614 South 4th Street; 625 Omega Avenue; and 415 4th Avenue South.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE ORDERS FOR FLOOD REPAIR
PROJECTS

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Magnus Trucking/Construction in the amount of $24,693 from the CBD Acquisition and Demolition Fund.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a deductive change order to T.F. Powers in the amount of $3,779.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Fargo Tank in the amount of $1,529.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Construction Engineers in the amount of $1,623.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Lunseth Plumbing and Heating in the amount of $975.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to MC Roofing in the amount of $163,986.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a deductive change order to Mid America Steel in the amount of $1,394.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Northland, LTD. in the amount of $3,383.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Construction Engineers in the amount of $8,686.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to McFarlane Sheet Metal in the amount of $11,340.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to McFarlane Sheet Metal in the amount of $153,815.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Mid America Steel in the amount of $4,906.

Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Listul Industries in the amount of $21,457.
Committee No. 4, Urban Development, reported having considered the matter of Mortenson change orders, and recommended to approve a change order to Advanced Elevator in the amount of $2,600.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that these recommendations be and are hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

GRANT BUYOUT EXTENSION TO REQUEST UNDER
PHASE III PROGRAM

Committee No. 4, Urban Development, reported having considered the matter of Phase III buyout extension request by Harvey and Naomi Cole, 515 Park Drive, and recommended to grant a Phase III buyout extension to the Coles to April 30 and to coincidentally extend the voucher for sixty (60) days from the date of a signed purchase agreement.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE PRELIMINARY REPORT ON INDUSTRIAL
PARK PUMP STATION

Committee No. 4, Urban Development, reported having considered the matter of Industrial Park pump station, and recommended to remove the original plan for the lift station so that 24 acres can be sold as one piece and then Engineering can negotiate with the Economic Development Corporation or the Dunlevy’s to purchase the property to put it on, and look into a special assessment for tapping fees and drainage benefit area.

It was moved by Council Member Beyer and seconded by Council Member Babinchak that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AWARD CONTRACT FOR STADIUM FIXED SEATS

The Events Center Core Committee reported having considered the matter of Bid Package 6, Contract Category 12, stadium fixed seats, and recommended that we award the contract for Bid Package 6, Contract Category 12, for stadium fixed seats to GDS-Intercal for $963,828, and not take action on the alternates at this time.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE PLANS AND SPECIFICATIONS FOR
BID PACKAGE 7, INCLUDING VARIOUS CONTRACT
CATEGORIES

The Events Center Core Committee reported having considered the matter of plans and specifications for Bid Package 7, and recommended that we approve the plans and specifications for Bid Package 7, which includes contract categories 10, 25, 28, 31, 32, 33, 14, 15, 16, 17 and 24.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE CHANGE ORDER TO CONTRACT TO
INCLUDE ROOF GUTTER LINER AND CONFIRMATION
WITH BID PACKAGES 5 AND 6

The Events Center Core Committee reported having considered the matter of CIN #131.03, and
recommended that we approve the change in Havens Steel’s contract to include the roof gutter liner and make Bid Packages 5 and 6 conform for a cost of $118,515.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

RECEIVE AND FILE INFORMATION RE. MAKING
ALL CITY BUILDINGS SMOKE FREE

The Events Center Core Committee reported having considered the matter of keeping The Aurora a smoke-free building, and recommended to receive and file the information, based on city council’s action to make all city buildings smoke free.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Carried 11 votes affirmative.

AUTHORIZE EXTENSION OF LANDMARK CONTRACT
MANAGEMENT’S CONTRACT

The Events Center Core Committee reported having considered the matter of extension of Landmark Contract Management’s contract, and recommended that we extend Landmark Contract Management’s contract for another two months to the end of April, 1999, for a lump sum monthly payment of $13,900 plus expenses.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that this recommendation be and is hereby approved. Upon roll call the following voted “aye”: Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

REPORT ON CHANGE ORDERS

The city auditor presented the listing of change orders that were approved at the February 17, 1999 Core Committee meeting:

CIN #130.05: voluntary alternate from Havens Steel for a deduct of $102,700.
CIN #131.02: add gutter support material for roof, $40,009 to Havens Steel.
CIN #131.04: material cost for supercolumns, $16,820 to Havens Steel.
CIN #132.01: import backfill to site, $50,603 to Gowan contract.
CIN #135.01: reconcile edges around entire building, $22,291 to Havens Steel.
CIN #135.03: miscellaneous steel revision, $16,082 to Havens Steel.
CIN #135.04: deduct of $47,000 to Concrete, Inc.’s contract (not apply shop applied sealer)
CIN #136.03: additional steel to ballroom canopy, $7,239 to Havens Steel.
CIN #136.04: revisions to catwalk frame, $5,336 to Havens Steel.
CIN #136.05: additional steel connection material where supercolumns meet box trusses,
$40,491 to Havens Steel.
CIN #137.02: deduct from sports lighting contract because redesign more efficient and less
lights needed, $20,425 from Sterner contract.
CIN #135.12: deduct from GDS-Intercal contract to reduce attic stock of stadium chairs from
5% to 2% for a savings of $17,899.
CIN #136.02: add $1,145 to Gibb & Sons contract to extend and clean culverts.

APPROVE CHANGE ORDERS FOR CIVIC AUDITORIUM

The Flood Protection Committee reported having considered the matter of Mortenson update, Civic Auditorium change order, and recommended approval of a final change order to Kemetsrud Plumbing and Heating n the amount of $2,641; and approval of a change order to Johnson Controls in the amount of $13,694.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

EXTEND VOLUNTARY BUYOUT UPDATE

The Flood Protection Committee reported having considered the matter of Voluntary Buyout update, and recommended to extend the March 1 deadline for those residents eligible for Phases IA, III and IV to 14 days beyond the date the City renders its final decision.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.

APPROVE EXTENSION OF CONTRACT FOR INSPECTORS

The Flood Protection Committee reported having considered the matter of extension of contract for inspectors, and recommended approval of the renewal of the two inspector contracts for a
one-year period.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Carried 11 votes affirmative.


APPROVE AMENDMENT NO. 3 TO CONTRACT WITH
ADVANCED ENGINEERING

The Flood Protection Committee reported having considered the matter of Contract Amendment #3 with Advanced Engineering for downtown utility coordination/liaison activities, and recommended approval of Amendment #3 to the contract with Advanced Engineering, not to exceed $30,000 in CDBG administration funding.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE MODIFICATION TO SHANNON AND WILSON
CONTRACT FOR GEOTECHNICAL SERVICES, PROJECT
NO. 4951

The Flood Protection Committee reported having considered the matter of modification to Shannon & Wilson agreement for geotechnical services, Project No. 4951, and recommended approval of an additional $75,000 for Shannon and Wilson to finish up current tasks and complete two new tasks.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE AMENDMENT NO.1 TO ENGINEERING
AGREEMENT, PROJECT NO. 4809, 4810 AND 4811

The Flood Protection Committee reported having considered the matter of Amendment No. 1 to Greater Forks Engineering Group (GFEG) agreement for in-kind service, study and report phase, Sanitary Sewer Lift Station Relocation, Project Nos. 4809, 4810 and 4811, and recommended approval of Amendment No. 1 to the GFEG agreement for in-kind service, study and report of sanitary sewer lift station relocation, Project Nos. 4809, 4810 and 4811 in the amount of $5,079.90.

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE BUDGET AMENDMENT FOR INSPECTIONS
DEPARTMENT

The Flood Protection Committee reported having considered the matter of 1999 flood-related portion of the Inspections Department budget, and recommended approval of the budget amendment for the Inspections Department ($738,845)

It was moved by Council Member Carpenter and seconded by Council Member Hafner that this recommendation be and is hereby approved. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE ESTIMATES, VARIOUS PROJECTS

The city auditor presented and read the following estimate summaries for various projects:
CDBG estimates in the amount of $191,696.80; CDBG estimates of $35,274.17; flood related or FEMA, $399,820.05; regular estimates of $3,438,977.11; for a total of $4,065,768.13.

It was moved by Council Member Babinchak and seconded by Council Member Carpenter that these estimates be and are hereby approved and that the city auditor be and is hereby authorized to issue warrants in payment of the same. Upon roll call the following voted "aye": Council Members Brooks, Lucke, Hamerlik, Bouley, Carpenter, Klave, Beyer, Babinchak, Bakken, Hafner, Martinson - 11; voting “nay”: none. Mayor Owens declared the motion carried.

APPROVE CERTIFICATE OF COMPLETION

A communication was presented and read from the city engineer certifying that the contractor had successfully completed the construction of the following project in a satisfactory manner, and recommended acceptance by the council: Paving Project No. 4746, paving South Columbia Road.

It was moved by Council Member Martinson and seconded by Council Member Klave that this recommendation be and is hereby approved. Carried 11 votes affirmative.

REFER VARIOUS ITEMS TO COMMITTEE/COUNCIL

Various items were presented to the city council for their information and/or consideration:

1) Council Member Carpenter presented the matter of the elimination of carry-out service and continue with carry-out service until public service has addressed the issue; the matter was referred to the public service committee for consideration.
2) Council Member Hamerlik stated that while it might be expedient to eliminate the reading of all the agenda items, and questioned whether we are doing what we should be doing; that meetings might be broadcast for people who are trying to keep up on it over the air and unless they follow agenda that appears in the paper, and thinks we should review way to expedite it but not necessarily eliminate the reading of all items; and would like this referred to some particular committee to find a more expedient way than what have done in the past. Mayor Owens asked
that Mr. Swanson and the city auditor review this matter.
3) Mr. Swanson presented the matter that FEMA has recently released an amendment to their duplication of benefits policy with regard to self help/cleanup, and would like to have committee consider whether City will follow that change in policy. The matter was referred to the flood protection committee.
4) Mr. Swanson reported that last Friday his office received the City Code on CD and are in the process of determining whether that can be put on the City’s mainframe computer, and also able to announce that effective last week the City Code is now in full publication on the web and can find it at www.municode.com and that is publishing company of our City Code, and get there directly through Municipal Code Corporation’s home site or through International Municipal Lawyer’s Assn. home site, and will be working on a jump site from the City’s home page to the City Code. He stated that they also have the published versions of the Code that have now come in as well.
5) Council Member Bakken stated he is getting complaints on City not being user-friendly from enterprise and should start looking into that again. Mayor Owens stated she has talked to department heads at last two meetings and will continually work on this matter.
6) Council Member Babinchak suggested that if they go to more expedient format for council meetings, that perhaps each committee determine which items maybe should be publicized and read the motions.

ADJOURN

It was moved by Council Member Hafner and seconded by Council Member Bakken that we do now adjourn until Monday, March 15, 1999 at 7:30 o’clock p.m. Carried 11 votes affirmative.

Respectfully submitted,



John M. Schmisek
City Auditor

Approved:
________________________________
Patricia A. Owens, Mayor