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PRECM 01-06-1988
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Minutes Park & Recreation Commission Meetings P&R 01200
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PRECM 01-06-1988
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Council Meeting Minutes <br />January 26, 1988 <br />Page 18 <br />Brandt asked what. dollar amounts anal what. reimbursements that <br />would be .made right. away. would be considered' appropriate for in- <br />terest. <br />LeFevere stated nothing was paid in the period of time contempla- <br />ted by the regulations; the first payment that would stop interest. <br />running was the payment into court. <br />Brandt questioned how that rate of interest would compare with the <br />statutory rate of interest for prejudgment.' <br />LeFevere used the rate at the time of the condemnation proceedings <br />which was determined to be simple interest in a range from eight <br />percent (8%) in 1987 to fifteen percent (15%) in 1981. In .one of <br />Gunn's report, he suggests time from which some of the interes t <br />periods would begin to run on some of the claims and, to the best <br />of LeFevere's knowledge, there has never been any claim made of <br />what the appropriate rate would be, rather only a claim for inter- <br />est. <br />Larson recalled a letter dated September 16, 1986, from Bannigan <br />that New Brighton was directed by the court to pay $21,000 <br />($15,000 for relocation, $5,000 for damage,. and $1,000 for inter- <br />est) and asked if LeFevere recalled how that determination was <br />made. <br />LeFevere stated the $15,000 paid into court was an advance payment <br />of the relocation benefit which, at that point, was still in dis- <br />pate; and indicated that $15,000 was deducted from the first pay- <br />ment Locke made (we gave ourself credit for already having paid <br />the $15,000). <br />Williams asked when payment was made for the house itself (the <br />$60-some thousand dollars of appraised value). <br />LeFevere stated payment was never made because their were offsets <br />(mortgage, other sources of payment such as the county had paid <br />[$20,000], etc); the payment wasn't made until late 1987; and what <br />the court ordered had been paid which included interest from the <br />date of taking in 198C. <br />Benke, assuming the council -takes action with regard to Sinda's <br />decision, asked at what point in time can council bring the pro- <br />cess steps to a conclusion; and asked what assurances the city has <br />that; if we find away to resolve this matter, we won't be back <br />and forth. <br />LeFevere stated once the city council reaches a decision under its <br />rules of procedure which only provides that the city council has <br />to consider an appeal of the decision of the City Manager, the <br />city council would not be obligated to take it up again.. LeFevere <br />stated the applicant can appeal the city council's decision to <br />District Court, but the city council would not be obligated to <br />take this matter up for consideration again unless it decides to <br />
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