10-19-10 Council Special Minutes

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MINUTF,S CITY COUNCIL OCTOB>?R 19, 2010 The City Administrator noted that the proposed assessment amount against the Battista property in the amount of $68,444.60. Given that Mr. and Mrs. Battista have granted an easement for the sanitary sewer line, avoiding eminent domain process, that assessment balance will be reflected as paid by the City per our acquisition agreement. The City Administrator reported that Mr. Himmelbaeh's property is proposed to be assessed at $34,22230. Mr. I-Iimmelbach also granted air easement to the City in exchange for cash compensation. Mr. Hinunelbach requested the deferment of his assessment which was negotiated as part of the easement transaction. The City Administrator reported that Mr. Himmelbach submitted a letter today requesting the deferment as well as the abatement of the portion of the assessment that exceeds easement compensation (approximately $4,000). Mr. Himmelbach also requested that interest not accrue on the deferred assessment balance until such time as a street is constructed through his and the Battista property. The City Administrator noted that compensation for the easements was based on an appraisal, which included additional compensation to avoid the eminent domain process. He informed Mr. Himmelbach that he would recommend to the Council that the negotiated deal stand, and that to provide him additional compensation would not be equitable to the Battista's. The City Administrator reported that Mr. Himmelbach did not file a written objection to the assessment. The City Administrator noted that as a result of the sanitary sewer improvement, two lift stations will be avoided. The Gervais Woods assessment is an offset to lift station costs. The Administrator also indicated that there are additional costs to Gervais Woods for oversizing of the drainage pond. I-Ie indicated that Gervais Woods may want those costs deferred against Outlot B until such time as that property develops. Ile also indicated that Gervais Woods has requested the City reconsider the application of those costs. The Administrator reported that he just received that request and will review it and report to the Council. Mr. and Mrs. Battista were present at the meeting, and the City Administrator thanked them for their cooperation in this project. It was also noted that the City has received no formal objections to the assessment. Upon motion by Montour, seconded by Keis, the public hearing was closed. Mr. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2010-10-247 -ADOPTING THE ASSESSMENT FOR IMPROVEMENT NO. 2010-14, NORTHEAST UTILITY CONNECTION, AS PRESENTED BY THE CITY ENGINEER, AND DEFERRING THE HIMMELBACHASSESSMENT AS PROPOSED BY THE CITY ADMINISTRATOR 3