10-21-08 Council Special Minutes

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MINUTES CITY COUNCIL OCTOBER 21, 2008 with restricted access and others with limited access. Based on this factor, Nicollet Partners recommended that the commercial properties be assessed at the residential rate for their full frontage. The Administrator stated that it is staff s position that The House benefits from the Condit Street improvement. The House has frontage along Condit Street, the street is an aesthetic improvement, The House uses Condit Street for parking, the street was used by The House for construction traffic, and The House does not have resri•icted access to Condit, they have just chosen not to use the street. With regard to Quebec Apartments, the City Administrator indicated that Quebec has frontage on Condit Street, apartment residents use Condit Street for parking, there is an aesthetic improvement. The Administrator also noted that the drainage improvements are a benefit to each of these properties, however, the cost of the drainage improvements is not being assessed. He also noted that Condit Street existed at the time each property was developed and, therefore, is a factor in the value of each property. The City Administrator reported that he has had additional discussions with Steven DeCaster, Nicollet Partners, relative to his August 19, 2008 letter, and it is his belief, based upon his experience, that the benefits received by each of the abutting properties exceed the amount of the assessments proposed. The City Administrator indicated that it is staffs recommendation that the appeals be rejected. The property owners have, however, protected their rights to pursue the matter in dishict court. Allan asked if The House and Quebec Apartments could put in access points to Condit Street. The City Administrator replied that they could subject to zoning requirements. Mr. McGraw introduced the following resolution and moved its adoption: RESOL UTION NO.2008-IO-261- DENYING THE ASSESSMENT OBJECTION FILED BY QUEBEC PARTNERS FOR THEIR PROPERTYAT 2965 AND 2969 COUNTRY DRIVE BASED ON THE FACT THAT THE BENEFITS RECEIVED EXCEED THE AMOUNT OF THE ASSESSMENT AS PROPOSED AND IS A FAIR AND EQUITABLE ASSESSMENT OF THIS PROPERTY The foregoing resolution was duly seconded by Allan. Ayes (4). Nays (0). Resolution declared adopted.