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1991-11-19 CC Minutes Special . . . CITY OF ALBERTVILLE REASSESSMENT HEARING SUNRISE COMMERCIAL PARK November 19, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning , Donat us Vetsch, and Mark Barthe I, Ci ty At torneys Bi II Radzwill and Mike Couri, City Engineer Thore Meyer, and City Clerk Linda Houghton Mayor Walsh reconvened the reassessment hearing for Sunrise Commercial Park. In the audience for this public hearing were Andy Savitski, Wally O'Dell and John Darkenwald. Attorney Couri reviewed the amounts to be assessed with the Council after the deduction of $9,065.00 approved at the November 18, 1991, Counci I meeting. The total assessabl e costs for the project is $130,940.19. The new assessment to be certified to the County Auditor is $116,191.63 to be collected oven an eleven (11) year period. Couri explained that the Attorney General's interpretation of the statutes is that the City may assess only the actual costs of the project, not the 105% figure earlier proposed. Couri recommended that the Council consider have call dates on all future bonds of five years because of the Attorney General's interpretation. Vetsch made a motion to adopt the RESOLUTION RATIFYING ACTIONS OF CITY CLERK IN REGARD TO MATTERS PERTAINING TO ASSESSMENT HEARING AND DETERMINING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Barthel seconded the motion. All voted aye. Barthel made a motion to adopt the RESOLUTION ADOPTING ASSESSMENT (SUNRISE COMMERCIAL PARK). Potter seconded the motion. All voted aye. Potter made a motion to adjourn the reassessment hearing. Berning seconded the motion. All voted aye. . ~;>' ];~: Linda Houghton, . . . CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND SECOND ADDITION November 19, 1991 Albertville City Hall 7:30 PM PRESENT: Mayor Jim Walsh, Councilmen Mike Potter, Duane Berning, Donatus Vetsch and Mark Barthel, Ci ty At torneys Bi II Radzwi II and Mike Couri, Ci ty Engineer Thore Meyer, Ci ty CI erk Linda Houghton Mayor Walsh reconvened the assessment hearing for the Westwind Second Addition. In the audience for this assessment hearing were John Darkenwald and Wally O'Dell. Attorney Couri reviewed the estimated costs of to be assessed, incl uding a $5,000 contingency charge. Bonding for the pro ject will be $330,000. Bonds are in the process of being negotiated, but Couri anticipates an interest rate of 6.7%-6.9%. He is also negotiating a call date for the bond. The Council discussed the charges for the inspector/observer from the Joint Powers Board. Mayor Walsh stated that it is his position that having a Joint Powers inspector/observer on site is unnecessary and he will bring that matter to the Joint Powers Board. I f a change is made in the Joint Powers charges, the assessments will be re-certified for the project. John Darkenwald indicated that he would rather have a twelve (12) year assessment rather than the ten (10) year assessment proposed. Attorney Couri explained the assessments would incur more interest over a twelve year period than a ten year period, but if the developers wishes, a twelve year bond could be negotiated. Both Darkenwald and O'Dell agreed with having the assessment over a ten year period. Darkenwald and O'Dell also stated their objections to the charges incurred to the project by the inspector/observer from the Joint Powers Board. Barthel made a motion to adopt the RESOLUTION RATIFYING ACTIONS OF THE CITY CLERK IN REGARD TO MATTER PERTAINING TO ASSESSMENT HEARING AND DETERMINING COSTS TO BE ASSESSED TO BENEFITED PROPERTY OWNERS. Vetsch seconded the motion. All voted aye. Potter made a motion to adopt the ASSESSMENT FOR WESTWIND SECOND ADDITION. motion. All voted aye. RESOLUTION ADOPTING Barthel seconded the . . . CITY OF ALBERTVILLE ASSESSMENT HEARING WESTWIND COMMERCIAL PROPERTY November 19, 1991 Albertville City Hall 8:40 PM PRESENT: Mayor Jim Wal sh, Counci lmen Mike Potter, Duane Berning, Donatus Vetsch and Mark Barthel, Ci ty Attorneys Bi II Radzwill and Mike Couri, City Engineer Thore Meyer, City Clerk Linda Houghton Mayor Wal sh reconvened the assessment hearing for the Westwind Second Addition. In the audience for this assessment hearing were John Darkenwald and Wally O'Dell. Attorney Couri reviewed the figures he proposes to be assessed to the Westwind Commercial property. Taking into consideration that the Attorney General's interpretation of state statute that only actual costs can be assessed, the revised proposed assessment to this property is $29,606.54. Wally O'Dell presented the Council with information he gathered from past Council meetings concerning how the project was to be paid. He contends that the cost were not to be paid by special assessment, but rather by SAC charges. Couri advised the Council that if these costs are assessed, it free SAC charges to go to sewer expansions. He indicated that the land should have been assessed when the lines were installed. Pot ter made a motion to appoint a commi t tee consisting of Councilmen Vetsch and Berning and Clerk Linda Houghton to meet with the developers to resolve this questions and come to an agreement concerning the assessment on the Westwind Commercial property. Barthel seconded the motion. All voted aye. Potter made a motion to continue this public hearing to an open date to be agreed upon between the developers and the City Council. Barthel seconded the motion. All voted aye.