Council Minutes

PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF GRAND FORKS, NORTH DAKOTA
May 19, 2003

The city council of the city of Grand Forks, North Dakota met in the council chambers in City Hall on Monday, May 19, 2003 following the meetings of the Board of Equalization and the special committee of the whole at the hour of 7:00 o’clock p.m. with Mayor Brown presiding. Present at roll call were Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; absent: Council Members Glassheim, Christensen - 2.

Mayor Brown announced that anyone wishing to speak to any item may do so by being recognized prior to a vote being taken on the matter, and that the meeting is being televised.

Mayor Brown also announced various events of the past week and upcoming week.
1) congratulations to the 4th Grade Essayists.
2) recognized the Regional Immunization Conference at the Alerus this past Thursday and Friday and conference included bio-terrorism-infectious disease update forum and thanks to Health Department for continuing to work for the benefit of our entire region.
3) Pancake Feed for Operation We Do Care raising money to support our troops and families with phone cards and gift packages.
4) thanks to Sons of Norway for celebration for Norwegian Constitution Day
5) Open House at 5:00 p.m. May 21to discuss pedestrian bridges in greenway at East Grand Forks Campbell Library.
6) Presentation of Community Fire Shield award to Ronald and Christina Charles who assisted in helping neighbor out of her apartment during a fire and without their assistance a loss of life may have occurred and in recognition of these extraordinary acts presented the award.

RECONSIDERATION OF ACTION RELATING TO ADOPTION
OF ORDINANCE NO. 3970, AND PLACEMENT OF ITEM ON
NEXT COMMITTEE OF THE WHOLE AGENDA

Council Member Kerian asked for reconsideration of action taken by the city council on May 5, 2003.

Howard Swanson, city attorney, advised if seek to reconsider prior action, would have to identify specifically what action it is you would seek to reconsider, a motion to reconsider must be made by one voting with the prevailing side and seconded by anyone, that motion has to pass by a majority vote, and then would be tabled to the next committee of the whole.

Council Member Kerian stated on May 5 the council adopted an ordinance to annex part of Johnson's 4th Addition to the city of Grand Forks, Ordinance No. 3970 was adopted unanimously to annex Lots A, B and C, prior to that there was in the discussion of the committee of the whole that the developer believed that there were some agreements with the City that not all of that property would be brought in, that he wanted to develop Lot B, and that she has heard from some people who would like an opportunity to have further discussion, and moved for reconsideration of the adoption of Ordinance No.3970. Council Member Gershman seconded the motion for reconsideration. Carried 5 votes affirmative.

This item will appear on the next committee of the whole agenda.

APPROVE APPLICATION FOR MOVING PERMIT TO MOVE
GARAGE FROM OUTSIDE CITY LIMITS TO 720 WALNUT
STREET

The acting city auditor reported that the notice of public hearing on the application by Dean Curran to move a building from outside the city limits to 720 Walnut Street to be used as a garage had been published and posted as required.

The staff report from the Inspections Division re. moving permit application to move garage, to be used as a garage, from outside city limits to 720 Walnut Street, with recommendation to approve the moving permit to move a garage from outside city limits to 720 Walnut Street to be used as a garage.

Mayor Brown opened the public hearing on the application, there were no comments and the public hearing was closed.

Bev Collings, Building/Zoning Administrator, reported that they recently found a conflict with the site plan at this property and distributed copies of the new site plan to the council members, that the garage has been proposed to be rotated to a different direction because there was a conflict with the other site plan, that a new structure would not be allowed to be moved to this site without a variance from 20 ft. in front of the garage to vary it to 17 feet, and that the owner of the property will have to appear at the Board of Adjustments for a variance if they approve the moving permit.

Council Member Hamerlik asked if property owners in the area have been notified of the change to the site plan. Ms. Collings stated that property owners will be re-notified when site plan goes to Board for change in variance.

It was moved by Council Member Gershman and seconded by Council Member Kerian to approve the recommendation and that Mr. Curran is authorized to move the building subject to approval of the variance. Carried 5 votes affirmative.

APPROVE APPLICATION FOR MOVING PERMIT TO
MOVE SINGLE FAMILY HOME AND GARAGE FROM
1415 LEWIS BLVD. TO 1829 NORTH 4TH STREET

The staff report from the Inspections Division relating to application for moving permit to move single family home and garage frofm1415 Lewis Blvd. to 1829 North 4th Street, with recommendation to approve the moving permit to move a single family home and garage from1415 Lewis Blvd. to 1829 North 4th Street.

Mayor Brown opened the public hearing (which had been continued from May 5, 2003 council meeting), there were no comments and the public hearing was closed.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved, and that Mr. Blue is authorized to move the buildings. Carried 5 votes affirmative.

SUSPEND AGENDA TO CONSIDER ITEM RELATING TO
AFFORDABLE HOUSING DISTRICT DESIGNATION PRIOR TO
ORDINANCES THAT WOULD BE AFFECTED

Council Member Kreun moved to suspend the agenda to consider the item relating to affordable housing district designation prior to consideration of three ordinances, which would be affected. Council Member Gershman seconded the motion. Carried 5 votes affirmative.

APPROVE AFFORDABLE HOUSING DISTRICT
DESIGNATION

The staff report from the Office of Urban Development relating to affordable housing district designation, with recommendation to establish the criteria recommended by the Entry Level Housing Task Force for designation of affordable housing districts.

Council Member Kreun stated he would like to clear up some misconceptions about the process:
1) these concessions are not items that subsidize housing, but items that will make it more applicable for smaller homes to be built and also for funding mechanisms to be put into place. That the $135,250 limit is a limit and is not the size of the houses that will be built and intent is to be underneath that amount, will use that goal using the infrastructure situation they have in one development that would be utilized mostly by LMI people. He stated there is variance as far as range of the houses are, and would like to entertain somewhere around $90,000 all the way up to $135,250 and that those are the guidelines they will be using. He stated they realize there is a housing shortage in Grand Forks at this time, 101 houses that are on the market between Grand Forks and East Grand Forks, more houses for sale but have sales pending and have financing pending and this is way to help offset some of the shortages in the city. He stated he had previously read the statements as to what the developer agrees to do and what the City agrees to do at the committee of the whole. He stated one of the items that came up after the committee of the whole was that the monitoring device to see if this program is working and may want to look at the building permits as taken out and will review on a quarterly basis to see whether meeting criteria. He stated another mis-conception is that because we have 300 lots available that there will be 300 houses built immediately, doesn't think that will happen and will start out with 10 or 15 in each district to see what the market will bear and how the infrastructure is brought forward and hopefully driven by supply and demand as far as entry-levy homes.

Council Member Kerian asked if the infrastructure might be built in relationship to how many of the current lots are already being built on Council Member Kreun stated in discussions with developers and with real estate people and builders, the supply and demand will dictate and the infrastructure will also dictate, but that the infrastructure does go ahead of the homes to a certain degree and that will be monitored at the same time and at same level, but knowing that the infrastructure will be ahead of the houses. He stated this is a pilot project they are going to monitor and may change as it goes along.

Council Member Hamerlik stated his concern is what assurances or mechanisms do we have to make sure that some of the houses in the 75%, less than $135,250, are built and not all houses built above the $135,000 or in the 25% bracket, and several years down the road few if any, how do you recoup that because might have second or third owner in those houses. Council Member Kreun stated that after all of the infrastructure is put in and the houses sold and are above the $135,250, how do you go back and recoup the money that we have deferred and utilized the 50% upfront, and how to recoup that money.

Council Member Hamerlik stated that is half the equation as we're trying to have affordable housing and if not building them, we're not accomplishing our goal. Council Member Kreun stated that is where the quarterly monitoring comes in and if not meeting that on a quarterly basis, then council will review, any infrastructure that is put in is authorized by the council with the bid process and authorize bids, inspection, etc. and if that criteria is not being met at the quarterly juncture, then they do not go forward with further development. Council Member Hamerlik asked if at end of the quarter, the developer must have built 75% of the houses under $135,000; Council Member Kreun stated that is what they are suggesting but not going to have flat number in there, may fluctuate and have monitoring device by being able to approve any further development.

Council Member Hamerlik stated that the recommended council action was entry-level and that $135,250 is not an entry-level home for most people, but is a second entry (moving from their first or second home) and moving into one of these homes would free up some other homes that would be more affordable at least for entry-level, and asked if he was correct in understanding that there will be some homes built in Congressional or somewhere else that will be built less than $90 or $100,000. Council Member Gershman stated the more programs that will come into play with the Housing Authority because that will be a LMI area where CDBG funds can be used for the infrastructure and will be able to offset those infrastructure costs with CDBG money, and need to be cautious to that whether a house can be built for $80,000, that it can't be build, perhaps $90,000 excluding land, and market will tell us where we are and are trying to let market forces play a major role in this along with policy that can help reduce the cost of the land the cost of infrastructure and cost to the homeowners.

Mr. Lund stated there is an item on the agenda from Grand Forks Housing Authority re. replat of Promenade 1st Subdivision which is a replat of Congressional First and will be building houses and price points will be anywhere between $90,000 and $110,000, but $100,000 and below is what they desire and they are willing to commit that 51% of the homes be sold to LMI individuals and therefore, can use CDBG funds for the installation of infrastructure for that entire project; that he doesn't believe the other two developers for the affordable housing districts can make that guarantee.

Council Member Kreun stated that 5. under the City's agreement is that they want the two-year tax exemption to coincide with the $135,250 so the two relate back and forth to each other, that now at $110,000 and this way bring it up to the $135,250 as far as the two-year tax exemption goes. It was noted that the amendment would be to meet homes built that meet the criteria in item 1. under Developer agrees.

Council Member moved that we accept the proposal with an amendment to (5. under City's agreement to change the two-year tax exemption to meet homes built that meet the criteria in item 1. under Developer's agreement. Council Member Gershman seconded the motion

Council Member Gershman stated that Council Member Christensen sent an e-mail with some concerns and that Council Member Christensen is suggesting that if this proposal passes tonight, that the committee regroup and look at what happens if the developer does not comply so that they don't sell bonds for the infrastructure if the criteria isn't being met, and have something that will protect the City of Grand Forks if for some reason things don't work out in one of the pilot projects.

Upon call for the question and upon voice vote, the motion carried 5 votes affirmative.

APPROVE FINAL PLAN; ADOPT ORDINANCE NO. An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Southbrook First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2003 and upon which public hearing was scheduled for this evening, was presented and read for consideration on second reading and final passage.

The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that no protests or grievances had been filed with their office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of the plat of Southbrook First Addition to the city (located at 47th Avenue South and South Washington Street) and designate the plat as an Affordable Housing District, with recommendation for final approval to the plat including a variance from Section 18-0907(2)(I) relating to the width of rights of way and a variance from Section 18-0907(2)(L) relating to right of way access on arterial streets, subject to the conditions shown on or attached to the review copy, designate the plat as an Affordable Housing District, give final approval to an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

ADOPT ORDINANCE NO. 3975, AMENDING ZONING
MAP TO INCLUDE WITHIN THE SOUTHBROOK PUD
(PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOP-
An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-2 (Agricultural Reserve) District and to include within the Southbrook PUD (Planned Unit Development) Concept Development Plan, Southbrook First Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that no protests or grievances had been filed with their office.

Mayor Brown called upon the audience to see if there was anyone present who had comments to make on this matter. There were none.

The staff report from the Planning and Zoning Commission relating to the request from CPS, LTD on behalf of Crary Development, Inc. for final approval of an ordinance to amend the zoning map to exclude from A-2 (Agricultural Reserve) District and to include within the Southbrook PUD (Planned Unit Development), Concept Development Plan, all of Southbrook First Addition to the city of Grand Forks, North Dakota (located at 47th Avenue South and South Washington Street), with recommendation to give final approval.

It was moved by Council Member Gershman and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the ordinance adopted.

APPROVE FINAL PLAT; AND ADOPT ORDINANCE NO. INCLUDE PUBLIC R/W SHOWN AS DEDICATED ON
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Columbia Park 29th Resubdivision, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that no protests or grievances had been filed with his office.

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

Dennis Potter, city planner, reported that the developer of Columbia Park 29th Resubdivision originally had intended to designate the entire plat as an affordable housing district, that the developer has since asked that rather than designating the entire plat, that only Block 2, Lots 1 through 9; Block 3, Lots 1 through 16; Block 4, Lots 1 through 16; Block 5, Lots 1 through 16; and Block 6, Lots 16 through 22, be designated as the affordable housing area. It was noted that originally there were 68 lots and now 64 lots. and Mr. Potter showed area on the map. Mr. Adams stated that the northern area are twin-homes and are already occupied and over the price range, and when he replatted this only the single family lots would be in that designation. Mayor Brown closed the public hearing.

The staff report from the Planning and Zoning Commission relating to the request from Steven L. Adams on behalf of Arthur Greenberg for final approval of the Plat of Columbia Park 29th Resubdivision to the city of Grand Forks, North Dakota, including a variance from Section 18-0907(2)(I) relating to the width of rights of way (located north of 40th Avenue South and west of South 20th Street), with recommendation to give final approval to the plat, including a variance from Section 18-0907 (2)(I) relating to the width of rights of way, waiver of the seventy-five (75) lot rule in the City's Affordable Housing Rules adopted April 7, 1997; subject to the conditions shown on or attached to the review copy, designate the plat as an Affordable Housing District, and give final approval to an ordinance amending the Street and Highway Plan.

It was moved by Council Member Gershman and seconded by Council Member Kreun that the recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT ORDINANCE NO. 3977, AMENDING ZONING
MAP TO INCLUDE WITHIN VALLEY MEMORIAL HOMES
PUD (PLANNED UNIT DEVELOPMENT), CONCEPT
DEVELOPMENT PLAN, AMENDMENT NO. 1, ALL OF
BIRKHOLZ'S 6TH ADDITION AND LOT A OF REPLAT OF
LOTS 1 AND 2, BLOCK 1, AUROA PLAZA ADDITION

An ordinance entitled "An ordinance to amend the Zoning Map of the city of Grand Forks, North Dakota, to rezone and exclude from the A-1 (Limited Development) District and to include within the Valley Memorial Homes PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Birkholz's 6th Addition and Lot A of the Replat of Lots 1 and 2, Block 1, Aurora Plaza Addition to the city of Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, 2003, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date their office had received no written protests or grievances on this matter.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from EAPC Architects Engineers on behalf of Clifford and Marilyn Coss for final approval of an ordinance to amend the zoning map to exclude from the A-1 (Limited Development) District and to include within the Valley Memorial H9omes PUD (Planned Unit Development), Concept Development Plan, Amendment No. 1, all of Birkholz's 6th Addition and Lot A of the replat of Lots 1 and 2, Block 1, Aurora Plaza Addition, Grand Forks, North Dakota, with recommendation to give final approval to the ordinance, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Kerian and seconded by Council Member Kreun that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3978,
An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the plat of Promenade First Addition, Grand Forks, North Dakota", which had been introduced and passed on its first reading on April 21, and upon which public hearing had been scheduled for this evening, was presented and read for consideration on second reading and final passage.

The acting city auditor reported that the required legal notice had been published calling for a public hearing this evening, and further that to date no protests or grievances had been filed with their office.

Mayor Brown opened the public hearing, there were no comments and the public hearing was closed.

The staff report from the Planning and Zoning Commission relating to the request from Terry Hanson on behalf of the Grand Forks Housing Authority and Grand Forks Homes, Inc. for final approval of the plat of Promenade First Addition to the city of Grand Forks, North Dakota, including a variance from Section 18-0907(2)(I) relating to the width of rights of way (located at 6th Avenue North, 10th Avenue North, North 53rd Street and North 55th Street) and designate the plat as an affordable housing area, with recommendation to give final approval to the plat, including a variance from Section 18-0907 (2)(I) relating to the width of rights of way; waiver of the seventy-five (75) lot rule in the City's Affordable Housing Rules adopted April 7, 1997; and subject to the conditions shown on or attached to the review copy; designate the plat as an affordable housing district, and give final approval to an ordinance amending the Street and Highway Plan.

It was moved by Council Member Kreun and seconded by Council Member Kerian that this recommendation be approved. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

APPROVE FINAL PLAT; ADOPT ORDINANCE NO. 3979,
AMENDING STREET AND HIGHWAY PLAN TO INCLUDE
PUBLIC R/W SHOWN AS DEDICATED ON REPLAT OF
DEACON'S GARDENS ADDITION

An ordinance entitled "An ordinance to amend the Street and Highway Plan of the city of Grand Forks, North Dakota, to include the public rights of way shown as dedicated on the Replat of Deacon's Gardens Addition (being a Replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota", which had been introduced on its first reading on March 17, 2003 and the public hearing had been continued until this evening, was presented and read for consideration on second reading and final passage.

Mayor Brown opened the public hearing, there were no comments and the hearing was closed.

The staff report from the Planning and Zoning Commission relating to request from Dee Phaneuf on behalf of Deacon's Development, LLP and RJ Zavoral and Sons, Inc. for reconsideration of the final approval of a Replat of Deacons Gardens Additions, being a replat of Block 1, Lot 6, Kannowski's First Addition), Grand Forks, North Dakota (located at 2500 62nd Avenue South), Grand Forks, North Dakota, with recommendation to give final approval to the plat, including an ordinance amending the Street and Highway Plan, subject to the conditions shown on or attached to the review copy.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik to approve the recommendation. Carried 5 votes affirmative.

Upon call for the question of adoption of the ordinance and upon roll call vote, the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the ordinance adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT
PAVING PROJECT NO. 5489, DISTRICT NO. 591

The staff report from the engineering department relating to creating district for Project No 5489, District No. 591, paving South 34th street from 36th Avenue south to Ruemmele Road and Ruemmele Road from 34th Street to 40th Avenue South, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5489, District No. 591.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, and 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. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8272 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, PAVING PROJECT NO.
5489, DISTRICT NO. 591

The city auditor presented and read the engineer's report on Paving Project No. 5489, District No. 591: Document No. 8273 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION OF NECESSITY, PAVING PROJECT
NO. 5489, DISTRICT NO. 591

Council Member Gershman introduced the following resolution of necessity, which was presented and read: Document No. 8274 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5527, DISTRICT NO. 421

The staff report from the engineering department relating to creating special assessment district for Project No. 5527, District No. 421, Southbrook area sanitary sewer, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5527, District No. 421.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, 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. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8275 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.,
5527, DISTRICT NO. 421

The city auditor presented and read the engineer's report on Sewer Project No. 5527, District No. 421: Document No. 8276 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5527, DISTRICT NO. 421

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8277 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
WATERMAIN PROJECT NO. 5528, DISTRICT NO. 277

The staff report from the engineering department relating to creating special assessment district for Project No. 5528, District No. 277, Southbrook area watermain, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5528, District No. 277.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, 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. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8278 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, WATERMAIN PROJECT NO.,
5528, DISTRICT NO. 277

The city auditor presented and read the engineer's report on Watermain Project No. 5528, District No. 277: Document No. 8279 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, WATERMAIN PROJECT NO. 5528, DISTRICT NO. 277

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8280 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION CREATING ASSESSMENT DISTRICT,
SEWER PROJECT NO. 5529, DISTRICT NO. 422

The staff report from the engineering department relating to creating special assessment district for Project No. 5529, District No. 422, Southbrook area storm sewer, with recommendation to approve engineer's report, create special assessment district, direct engineering department to prepare plans and specifications and advertise for construction bids for Project No. 5529, District No. 422.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved, 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. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution creating the assessment district, which was presented and read: Document No. 8281 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be adopted. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik, Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ACCEPT ENGINEER'S REPORT, SEWER PROJECT NO.,
5529, DISTRICT NO. 422

The city auditor presented and read the engineer's report on Sewer Project No. 5529, District No. 422: Document No. 8282 - Report.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this report be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION TO PREPARE PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5529, DISTRICT NO. 422

Council Member Hamerlik introduced the following resolution to prepare plans and specifications, which was presented and read: Document No. 8283 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved. Upon roll call the following voted "aye": Council Members Brooks, Hamerlik Gershman, Kerian, Kreun - 5; voting "nay": none. Mayor Brown declared the motion carried and the resolution adopted.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, PAVING PROJECT NO. 5504, DISTRICT NO. 590

The city engineer's estimate of total cost of this construction of paving on Cherry Street from Southend Drainway to 55th Avenue South, in the amount of $246,719.00, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5504, District No. 590, paving cherry Street from Southend Drainway to 55th Avenue South, with recommendation to approve plans and specifications for Project No. 5504, District No. 590.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8284 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, SEWER PROJECT NO. 5501, DISTRICT NO. 417

The city engineer's estimate of total cost of this construction of sanitary sewer on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, in the amount of $320,138.50, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5501, District No. 417, sanitary sewer on 55th Street from Cherry Street to east edge of LeClerc's Addition, with recommendation to approve plans and specifications for Project No. 5501, District No. 417.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8285 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

ADOPT RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, WATERMAIN PROJECT NO. 5502, DISTRICT NO. 275

The city engineer's estimate of total cost of this construction of paving on Cherry Street from Southend Drainway to 55the Avenue South, and on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, in the amount of $216,730.80, was presented and read.

The staff report relating to approval of plans and specifications for Project No. 5502, District No. 275, watermain on Cherry Street from Southend Drainway to 55th Avenue South and on 55th Avenue South from Cherry Street to east edge of LeClerc's Addition, with recommendation to approve plans and specifications for Project No. 5504, District No. 590.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this recommendation be approved and further that the city auditor be direct to advertise for bids on the project. Carried 5 votes affirmative.

Council Member Gershman introduced the following resolution, which was presented and read: Document No. 8286 - Resolution.

It was moved by Council Member Gershman and seconded by Council Member Hamerlik that this resolution be approved. Carried 5 votes affirmative.

APPROVE REQUEST FROM XCEL ENERGY FOR POWER
LINE EASEMENT, PROJECT NO. 5217

The staff report from the engineering department relating to request from Xcel Energy for power line easement related to Project No. 5217, 32nd Avenue and Columbia Road Reconstruction with recommendation to authorize donation of an Xcel Energy power line easement (cost of $2,242.50).