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~L-~~~RIN~ ~ ~gSSOCI~T~S TRU> HORTII Memo TO: Honorable Mayor and City Council Members FROM: Lee Elfering, City Engineer DATE: October 7, 2010 RE: Assessment Policy Revisions Two street improvement projects, Iona Lane and Rice Street, this year involve assessments to commercial properties without access to the street being improved. In the case of the City's residential street, Iona Lane, the two commercial properties at the west end of the street would be assessed at the commercial rate for their side yard frontage on Iona Lane. Bath of these properties have driveway access onto Rice Street. In the case of the Rice Street project, being completed by the County, there are commercial properties with only single street frontage and direct access to Rice Street and others that have triple street frontage and no direct access to Rice Street. Based on the current assessment policy all these properties would be treated identically and each property would be assessed at the commercial per front foot rate for their frontage along the improved street. The City did deal with a similar situation in 2008 when Condit Street was reconstructed. On Condit Street some commercial properties were restricted access to the street, some had access to the street, and others that were not restricted access simply did not use Condit Street for access. Since the assessment policy has always allowed for deviation from the policy due to unique circumstances, the City staff proposed and City Council approved assessments to the commercial properties with access at the commercial rate per front foot and properties without access at the residential rate. Two properties that did not utilize Condit Street did challenge their assessments and the Court upheld the assessment amounts. Based on the fact that the commercial access issue has come up on two additional projects staff feels that a change to the assessment policy is warranted. Staff is proposing that all commercial properties be assessed at the commercial rate for their entire frontage along a street that they utilize for access and that commercial properties be assessed at the residential rate for their entire frontage along a street which is not utilized for access. If you have any questions concerning this information, please call me at (763) 780-0450. 10062 Flanders Court NE -Blaine, MN 55449 - Ph: (763) 780-0450 Fax (763) 780-0452 Memo~100710-CC (ASSessmenl Policy Revision)