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City of Centerville <br />Council Meeting Minutes <br />November 28, 2012 <br /> <br />1. None <br /> <br />VIII. NEW BUSINESS <br /> <br />1. Res. #12-027 – Adopting Special Assessment for Nuisance Abatement <br /> <br />Attorney Glaser stated that he had spoke with the Baron’s attorney at 5:30 p.m. and was <br />re-assured that they would be in attendance this evening; however, they are not present. <br /> <br />Mayor Wilharber opened the Municipal Services Rendered ~ Nuisance Abatement <br />Hearing at 9:25 p.m. <br /> <br />Attorney Glaser stated that pursuant to the signed Consent Decree the City initiated <br />cleanup of the subject property (7121 Centerville Road) and language contained in that <br />same Decree included the permission to abate the nuisance and specially assess the <br />property for all legal, labor and third party fees incurred by the City. Attorney Glaser <br />stated that the City’s incurred costs are $16,514.54, the City tabled this item from their <br />November 14, 2012 meeting at the request of the property owners and the City complied; <br />however, the deadline date for County certification is pending (November 30, 2012) and <br />action can no longer be delayed. <br /> <br />Consensus of the Council was that every attempt has been made to work with the <br />property owners regarding this issue from the time that the first complaints were received <br />to this pending action, that the City has granted the property owner’s requests for <br />additional time to complete work, hearings, meeting, etc. and that the process has taken <br />over a year. <br /> <br />Motion was made by Council Member Fehrenbacher, seconded by Council Member <br />Love to close the public hearing for Municipal Services Rendered ~ Nuisance <br />Abatement. All in favor. Motion carried unanimously. <br /> <br />Discussion ensued regarding the length of the assessment. Attorney Glaser stated that he <br />had contact the Baron’s attorney for discussion on this matter, however, he had not <br />received a return telephone call. <br /> <br />Motion was made by Council Member Fehrenbacher, seconded by Council Member <br />King to approve Res. #12-027 with the length of the assessment being payable over a <br />five (5) year term at 4.5% interest. Council Members Paar and Love opposed. <br />Motion carried. <br /> <br /> <br />2.Res. #12-028 – Ordering 2013 Street Improvement Project <br /> <br />Mayor Wilharber read the proposed resolution ordering plans and specifications for the <br />2013 Street Improvement Project. <br /> <br />Page 8 of 12 <br /> <br />