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ORONO CITY COUNCIL MEETING <br />MINUTES FOR INOVEMBER 27, 1995 <br />• ROLL <br />The Council met on the above date with the following members present: Mayor Edward <br />J. Callahan, Jr., Council Members Gabriel Jabbour, JoEllen Hurr, and Charles Kelley. <br />Council Member Goetten was absent. Representing Staff were City Administrator Ron <br />Moorse, City Attorney Tc.n Barrett, Public Works Director John Gerhardson, Assistant <br />Planning and Zoning Adm_nistrator Michael Gaffron, City Engineer Shawn Gustafson, <br />and Recorder Sherry Frog,. Mayor Callahan called the meeting to order at 6:48 p.m. <br />( #1) ASSESSMENT HE_XRING - WILLOW DRI« NORTH - 650' NORTH OF <br />HIGHWAY i2 Iti`TEn� LiTi ^vi. - RESOLv X IO #3612 - G:48 -7:10 P.M. <br />The Affidavit of Publication and Certificate of Mailing were noted. <br />Moorse explained the pur-_ ose of the assessment hearing. The Willow Drive <br />reconstruction project was discussed and approved at a prior public meeting. The project <br />is now completed and costs and assessment amounts are known. The assessment hearing <br />is to provide the two property owners an opportunity to respond to the assessments and <br />ask any questions_ The two property owners were provided with information regarding <br />the assessment prior to this hearing. One of the properties is zoned commercial. The <br />other property is guided by the comprehensive plan as being commercial but <br />undeveloped. <br />• <br />Callahan asked what the general plan was based on. !%loorse said the assessment was <br />based on the benefit to the property owners provided by the reconstruction. <br />John Rice, Attorney for the Orono Plaza property, was present and reviewed the owner's <br />objection to the assessment. A letter outlining the objection is part of the agenda item. <br />Rice said the primary was their lack of finding a rational difference between <br />commercial and residentlai properties in exempting one type of property and not the <br />other when MSA funding s used. Rice said he does not raise the issue of value as the <br />property is undeveloped. <br />Callahan informed Rice that he felt commercial properties gained a benefit over <br />residential as the roadway is used by the public to access their properties allowing the <br />commercial properties to sell products resulting in profit. Rice said he saw the <br />homeowners, the City, ands the commercial properties all benefiting from the funding but <br />did not see the rationale for assessing commercial property but not residential. Callahan <br />responded if both residential and commercial gain a benefit from the state funding, the <br />commercial gains on top of that with a profit. Rice reminded the Council that residential <br />properties are not assesses for state aid funding projects. Callahan said the contribution <br />benefits both but falls more to the favor of commercial properties. <br />