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City Council Regular Meeting Minutes April 27, 2004 Page 3 03 1 Mr. Hubmer indicated he also had received letters from Equinox Apartments, as well as Cub 2 Foods and the tenants of Apache Commons, which reserved their rights to appeal the 3 assessments. 4 5 Mr. Gilligan explained there was a right to appeal special assessments under Minnesota law and 6 either an appearance before Council or the submission of a written appeal was necessary to 7 preserve that right. 8 9 A. Resolution 04-036, re: Ordering street and utility improvements 10 Mr. Hubmer indicated this resolution authorized the project to proceed and stated ten days 11 mailed notice and two weeks published notice in advance of the current hearing was given, 12 noting all persons desiring to be heard at the hearing were given an opportunity to be heard. 13 14 Motion by Councilmember Faust, seconded by Councilmember Stille, to adopt Resolution 04- 15 036 ordering improvements, which consisted of street reconstruction, new construction and 16 replacement of water main, sanitary sewer and storm sewer on 39`h Avenue NE from Stinson 17 Boulevard to Silver Lake Road. 18 19 Discussion: 20 21 Councilmember Horst stated he wanted to clarify the appeal process, as no one came forward to 22 speak against the assessments. Mr. Gilligan explained residents who wished to appeal the 23 assessments either needed to appear at the current hearing or file an appeal prior to the hearing. 24 He added only those who had filed an appeal via letters preserved their right to take the issue to 25 court for appeal, as the public hearing was closed. 26 27 _Motion carried unanimously, 28 29 B. Resolution 04-037, re: Confirming assessments. 30 Mr. Hubmer explained the assessments would be spread over a period of 15 years and the total 31 value of the assessments was $2,205,000. 32 33 Motion by Councilmember Stille, seconded by Councilmember Faust, to adopt Resolution 04- 34 037 adopting and confirming assessments for 39th Avenue street and utility improvements. 35 36 Discussion: 37 38 Mr. Hubmer stated one question that was consistently asked regarding assessments was if an 39 individual assessment could be paid without any interest being added. He explained that the 40 owner of any assessed property might, at any time prior to certification, make partial or full 41 payments toward the balance owed. He added the owner might, at any time after certification, 42 pay the entire assessment, with interest accrued to the date of payment, except no interest would 43 be charged if the entire assessment was paid by November 30 of the assessment year. 44 45 Councilmember Horst asked regarding the interest rate. Mr. Hubmer responded the rate was the 46 bond interest rate plus two points, which had been between 3% and 5%.