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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 10, 2008 <br />Montour stated that he did not want the owners of Canabury Square to <br />hold the City responsible for this project. He pointed out that the project <br />is proposed by the Canabury Square homeowners' association and is not <br />being initiated by the City. <br />McGraw indicated that he lives in a condominium and understands the <br />position that the Canabury Square homeowners' association is in. <br />McGraw stated that it is not the role of the City to initiate a project such as <br />this. Creation of the HIA by the City is a mechanism that the <br />homeowners' association can use to pay for building improvements. <br />Blesener pointed out that the City is only facilitating the use of this <br />financing mechanism should that be the choice of the homeowners' <br />association. <br />Montour asked about benefits received relative to the level of fee that <br />would be assessed. The City Administrator reported that property owners <br />can contest the fee and appeal it to District Court, similar to a special <br />assessment under MN Statute Chapter 429. <br />Valento indicated that the Canabury Square homeowners' association is <br />asking the City to approve the HIA ordinance, and does not place any <br />responsibility on the City for this project. Valento noted that over 50% of <br />the condo owners are interested in the project. If the ordinance is adopted, <br />the first step is to see if there are 35% of the owners opposed to it. If so, <br />the I-IIA ordinance will be overturned. He also pointed out that in <br />determining fees to be charged each owner, there are 26 different <br />categories of condos at Canabury Square. The homeowners' association <br />will use those classifications in determining individual condo fees. <br />One property owner noted that while not all owners use every amenity at <br />Canabury Square, all the amenities are important to the Canabury Square <br />community as well as individual property values. <br />The City Administrator suggested the addition of the following prrovision <br />to 2. Housing Improvements Defined.: <br />*Other improvements deemed appropriate by the Association or <br />discovered during the course of construction. <br />Mr. Keis introduced the following resolution and moved its adoption: <br />RESOL UTION N0.2008-9-211- ADOPTING AN ORDINANCE <br />ESTABLISHING HOUSING IMPROVEMENT AREA NO. 1 <br />PURSUANT TO MINN.STATUTE 428A.II THROUGH 428A.21, <br />CANABURYSQUARE CONDOMINIUMS <br />