05-15-2013 Council Minutes-Special Meeting I

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MINUTES CITY COUNCIL MAY 15, 2013 The City Administrator indicated that City staff reviewed several ways to assess this project, and noted that the Statute requires that all classes of property must be treated in the same manner. The Administrator noted that the difficulties with assessing this project are that St. Paul Water has a great deal of frontage, while the Railroad has limited frontage. Therefore, it was felt the per unit assessment was most equitable. The Administrator reported that he has discussed the assessment issue with the City Attorney and has been informed that if an objection is filed, the City Council has the ability to modify the assessment for that particular property, while maintaining the per unit assessment for those properties where no objection is filed. The Administrator also pointed out that the City's Assessment Policy has been challenged in the past and has been upheld in court. At this point in the meeting, Samir Mehta, 3180 Spruce Street, filed a written objection to the proposed assessment based on his position that the per unit assessment was not equal to benefits received for his property. That Administrator again noted that filing this objection preserves Mehta's right to appeal the assessment in District Court. The Council noted that there were no other objections to the proposed assessment received. There were no other comments from the general public on this matter. Upon motion by McGraw, seconded by Boss, the public hearing was closed. Blesener introduced the following resolution and moved its adoption: RESOLUTION NO. 2013 -5 -89 — ACCEPTING THE WRITTEN OBJECTION FILED BY SAMIR MEHTA, 3180 SPRUCE STREET, FOR PROPOSED ASSESSMENT OF HIS PROPERTY AND MODIFYING THE ASSESSMENT ROLL TO ADJUST THE ASSESSMENT FOR 3180 SPRUCE STREET FROM THE PER UNIT ASSESSMENT TO A FRONT FOOT ASSESSMENT AT THE CAPPED COMMERCIAL RATE, WHICH WOULD RESULT IN AN ASSESSMENT FOR 3180 SPRUCE STREET OF $41, 744.34 FOR THE SPRUCE STREET ASSESSMENT The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted.