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Minutes of the Regula~uncil Meeting, August 31, 19. Page 4 .., , EDGEWATER (Cont'd) Councilmember Hansen suggested allocating the assessments over seven parcels of land; the apartments being one parcel and the townhomes divided into 6 parcels. Hansen had no objections to the proposed allocation on the single family lots. Engineer Peters advised he calculated Hansen's proposed allocation per lot to . be $28,l73.72. There was discussion relative to responsibility for payments for assessments on the townhomes, length of payment period and when the first assessment was due. Sather commented that he has no objections to the proposal by Zappia for allocation of assessments, however, he would prefer the rearrangement be granted, if Council desires, with the conditions that the owner personally guarantee payment based on the equity frOm the apartment building and that the owner waive rights to object and change the allocation. ,Planner Miller reviewed the development agreement as it related to payment of assessments; he noted that the agreement is bound to all subsequent property owners. Engineer Peters suggested responsibility for payment could be covered in an addendum to the development agreement. Councilmember Peck commented that legal counsel was of the opinion the allocation would be more appropriately distributed over seven parcels; he preferred allocating the assessments in that manner. There was discussion relative to development impact on the townhouse parcels if the land were sold and assessed as Zappia proposed. . Attorney Zappia explained that the owner does not have a signed purchase agreement for the townhouse parcel at this time; conversation with the potential buyer made him aware that assessments would be forthcoming, however Zappia nor McGuire have discussed the allocation proposal with the buyer. After discussion with his client, Zappia advised Council that the owner was agreeable to allocate the assessment on a Seven lot basis, at $28,l73.72 per lot. Plunkett explained that an allocation by lots would be considered a more approximate distribution of assessments; he further noted that a new notice of hearing would have to be served. Clerk Administrator expressed concern that there would not be sufficient time to meet the County deadline for submitting the assessments if a new hearing were held; taking into consideration the 30 day appeal period. Hansen moved, seconded by Peck, that Council approve Resolution No. 87-4l, RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR EDGEWATER IMPROVEMENTS, SS-W-P-ST-85-2, based on the single family lots 1 thru 6 and lot 8 being assessed at $9,364.30 per lot and the sections of land containing the townhomes and apartment complex be considered seven parcels, identified as Lots 10, ll, 12, l3 and 14, Block l, and Lots 1 and 2, Block 2, being assessed at $28,l73.72 per lot. Motion carried. (Hansen. Peck, Sather and Woodburn voting in favor; Winiecki abstained) (4-0-1) . RES. #87-52; NORTHWOODS IMPR # SS-W-P-ST-86-l Mayor Woodburn opened the Public Hearing at 9:45 p.m. and asked the Clerk Administrator to verify publication and mailing of Notice of Hearing. Morrison verified publication in the New BriRhton Bulletin of the Notice of Hearing on August 19, and mailing of the notice on August 13, 1987. Engineer Peters described the improvement for Northwoods and explained the total cost for the project was $339,l83.90, assessed on a per acre basis at $24,384,8 per acre. GeorRe ReilinR, 66l Heinel Drive, submitted a letter to Council objecting to the proposed assessment. Reiling explained that the storm sewer was extended to Red Fox Road for Opus Corporation's convenience, Reiling did not feel he should ~ pay the storm sewer portion of the assessment; he reviewed conversations with a representative from Opus who advised Reiling would not be responsible for the storm sewer costs. Engineer Christoffersen advised that the storm sewer was constructed according to the drainage plan submitted by Opus for this project.