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City Council Regular Meeting Minutes January 27, 2009 Page 3 1 3. Consider Resolution 09-018; Calling a Hearin on n Proposed Assessment for 2009 2 Street and Utility Improvements. 4 Mr. Hubmer reviewed the resolution with the Council and indicated that the resolution is calling 5 a hearing on the proposed assessment for the 2009 Street and Utility Improvement Project to be 6 held on February 24, 2009 at 7:00 p.m. in the City Council Chambers. The City Clerk will 7 prepare and send out proper notices of the public hearing. 9 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 09- 10 018; Calling a Hearing on Proposed Assessment for 2009 Street and Utility Improvements. 11 12 Motion carried unanimously. 13 14 Mr. Hubmer stated in addition to the February 24, 2009 public hearing there will be an 15 informational meeting held on February 12, 2009 at 7:00 p.m. in the City Council Chambers. 16 There will be separate notice provided on the informational meeting. 17 18 4. Consider Resolution 09-019: Approving a Variance for the State Aid Project. 19 20 Mr. Hubmer reviewed the resolution with the Council and indicated that the State requires the 21 resolution to "hold harmless" the State, its agents, and employees with the granting of the 22 variance requested with the 2009 Street and Utility Improvement Project. The variance allows a 23 speed of 20 mph and 25 mph in lieu of the minimum 30 mph at the curves within the project. Mr. 24 Hubmer noted that the conditions proposed for these two curves is much better than the current 25 conditions and there will also be the proper signage posted, which is not in place today. 26 27 Mr. flubmer answered questions of the City Council on the signs to be posted at the curves. He 28 answered questions regarding the "hold harmless" agreement and explained the concern of the 29 State is that because this is a variance to the State's rules, and if something were to occur on 30 those curves, the variance could be seen as a process that caused the accident. The State wants to 31 ensure that it is not held responsible. 32 33 Councilmember Roth verified with Mr. Hubmer that additional property would need to be 34 acquired if the curves were not included in the project, and that including the curves and 35 requesting the variance results in less hassle for the property owners along the road. 36 37 Councilmember Thuesen verified with Mr. Ilubmer that this will be a safer road when the project 38 is completed. 39 40 Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 09- 41 019; Approving a Variance for the State Aid Project. 42 43 Motion carried unanimously. 44 45 Mr. Hubmer reported that staff met with the Arbors' Cownhouse Association and residents along 46 the Arbors alley. They are discussing replacing the water main, bringing the alley up to city 3