Agenda - Council - 10/25/1994 - Laserfiche WebLink

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CC: FROM: DATE: SUBJECT: MEMORANDUM h4ayor and City Council R~,an Schroeder, City Administrator S&ve Jankowski, City Engineer W~illiam Goodrich, City Attorney M~. John Gobernatz JeSsie Hart, Finance Officer O.~tober 18, 1994 SP, ecial Assessment Deferral on Project ~t93-12 Plbl 02-32-25-42-0006 M~. John Gobernatz 1~515 St. Francis Boulevard N.W. On Tuesday, Ociober 11, 1994, the public hearing was held to adopt the assessments for City Project 4t93-12. At this public hearing, the Council authorized the deferment of $1,855.00 on PIN 02-32-25-42o000~, a parcel owned by Mr. John Gobernatz. The deferment w~ authorized for a maximum of 10 years with interest accruing at 9.75% from the date of adoption t~o the date of activation, Activation would occur if the parcel was in any way developed, impro~ved, sub-divided or sold. The preliminary opinion of the City Attorney was if activation did not ~occur prior to the 10 year maximum, the assessment would go away. Upon further research, Mr. Goodrich has informed me that the following are the actual rules governing Counci! authorized deferments: * Th~ deferment can be for a maximum of 3.0 years, but this 30 years must also in~3ude the full repayment period. The assessment does not go away at the end of th~ period and activation as described above would remain a factor. * Thg Council can select one of three ways in computing and charging interest: }Interest can be accrued from date of adoption to activation; or }Interest can be paid annually; or !Interest can begin upon activation only, no accrual during deferral. At this point in ti~e there needs to be a decision made as to the manner in which t certify this deferment to Ano.ka County. Based on actual Council action at the public hearing, I wou~ld be certifying the defe.~'rnent for a maximum period of 10 years with interest accruing from the date of adoption of the asiessment. At that point in time, if the assessment has not been activated by one of the events alrea ty listed, the assessment would then be activated and collected over the original 10-year time fram accrued from the d~ If it is the Council' is required. If the Gobernatz should] time frame that M~ the district court. at an interest rate of 9.75%. The first year's interest would include the interest itc of adoption to the date of deferment. intention to keep the deferral as detailed above, then I believe no further action intention is otherwise, then Council should provide input and direction and Mr. ~e notified accordingly. I also believe that further action would start the 30-day Gobernatz has to appeal the assessment and the 10-day time frame to file with