2014-04-23 CC Packet - Laserfiche WebLink

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City of Centerville Special & Regular Council Meeting Minutes April 9, 2014 CITY OF CENTERVILLE CITY COUNCIL MEETING April 9, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a Council Meeting of April 9, 2014 at City Hall, 1880 Main Street which are contained in these minutes. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love NOt A Council Member Jeff Paar ABSENT: None STAFF: City Administrator Dallas Larson City Engineer Mark Statz Legal Counsel Kurt Glaser Public Work Director Paul Palzer I. REGULAR MEETING CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. AWARDS /PRESENTATIONS /APPEARANCES 1. None. III. PUBLIC HEARING Mayor Wilharber Opened the public hearing at 6:31 p.m. 1. Amending Assessments — Backage Road /Commerce Drive Project (Sheehy Property /City of Centerville) City Attorney Glaser reviewed his submitted Memorandum regarding Sheehy Construction and the calculation of principal and accrued interest with Council. Attorney Glaser stated that in 2009, Council adopted special assessments against the Sheehy parcel in the amount of $379,000; in February of 2013, following the appeal the court ordered the City to adjust the original amount to $249,000; two payments were received toward satisfying the debt (one in 2010 and one in 2013 following the adjusted assessment adopted by Council); in 2013, Sheehy filed suit against the City requesting the Court to issue an order effectively barring the City from imposing accrued interest for the debt and the Court granted the City's motion and dismissed Sheehy's suit. Attorney Glaser stated that the law states "the assessment, with accruing interest, shall be a lien upon all private and public property including therein, from the date of the resolution Page 3 of 8 42