2013-02-13 CC Minutes - Approved

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City of Centerville Council Meeting Minutes February 13, 2013 the owners of each parcel and defined the amount of special benefits received by each parcel. Ms. Kristine Kroenke, Fabyanske, Westra, Hart & Thomson, attorney representing Sheehy Companies, presented and gave a brief overview of their appeal submitted to the City on February 7, 2013. Ms. Kroenke stated that there are three (3) major areas that her client has contention with regarding the reassessment and they are: accrual amount of interest, the time frame when that accrual amount should start, and the dollar amount of the assessment. Ms. Kroenke stated they should not have to pay the interest on the assessment because the assessment was “set aside” which means “it never existed”. She also commented that the accrual of interest should start as of the date of this Council meeting (2-13-2013) when the amendment of the resolution is to be signed not going back to the original date the resolution dated in June, 2009. Mr. Kroenke also felt the amount of the assessment was excessive and the City should pay back Sheehy the $164,000 plus interest because the assessment amount had not been set. They are not asking for the $164,000 back, they are asking for it to be credited toward the assessment. This amount was paid in anticipation of the assessment and they do not want to have to pay interest on this amount going back to December, 2010. City Attorney Glaser stated that Ms. Kroenke is incorrect in how the assessment should be handled. He stated that the court did not set aside the resolution making the original assessment, thus interest can accrue on the amended amount from the original date of the assessment. Motion by Council Member Love, seconded by Fehrenbacher to closed the public hearing at 7:45 p.m. All in favor. Motion passed unanimously. III. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #27814-27815) be added to the Consent Agenda. Mayor Wilharber noted that Res. #13-0XX – Adopting Special Assessments (Backage Road/Commerce Drive) had been provided for this evenings meeting, pages 15a through 15f. Under New Business, Item #4 has been added. Proposal for Sewer Cleaning and Televising prior to the 2013 Street Improvement Project Area (page 20a). Council Member Paar added under Announcement and Updates the 2013 Centerville Parade. Motion by Council Member Love, seconded by Council Member King to Approve the Agenda as amended. All in favor. Motion passed unanimously. Page 2 of 6