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Mayor Gamec pointed out~that there are tv~~o other properties that would be assessed. <br />City Attorney Goodrich indicated it cannot be said that this amount .would be a benefit to all of <br />the properties. It would seem that would be close to a wash. <br />Mr. Jenson questioned if the applicant would not be able to go forward with the project until <br />.such time as the eminent domain proceedings and the construction to 146' _ is completed. He <br />questioned if the applicant would be able to receive a 'Certificate. of Occupancy before 146' <br />comes in. He indicated if not, they will have plenty of time in terms of accepting. a denial and <br />proceeding with whether to put a complex on that property with the access, recouping their cost <br />and saving the balance of the property for future development. <br />City Attorney Goodrich indicated the time concern can be explored. <br />Mr. Jenson asked wlien the next City Council meeting will be held that this application would be <br />addressed. <br />City Attorney Goodrich indicated the next thing to happen is that staff, Mr. Boe, Mr. Jenson and <br />he could get together. and discuss what Council has discussed and the issues Mr. Jenson has <br />raised, and to come to a better idea regarding .the costs and the feasibility of assessing those <br />costs. <br />Public Works Director Olson stated staff is not aware of where the buildings are located on the <br />property to the north, which will significantly impact the cost of the right-of-way. He requested <br />clarification as to whether it is being said that the cost for the construction of the roadway will be <br />assessed to the north two adjacent properties. <br />City Attorney Goodrich indicated they will look at all options and attempt to assess the cost of <br />the project to any benefiting properties. <br />Mayor Gamec suggested Mr. Boe work with his attorney and staff, and .if he does not feel it is <br />satisfactory or is not happy with the timing he could request that the plat is denied in order to <br />proceed with the current access. They know the applicant has other alternatives for a couple of <br />accesses, and he would rather not see that. <br />Mr. Jenson stated they do not want to go down that route, but economics are economics. His <br />understanding is that the 60-day rule is out there until October 15~'. <br />Mayor Gamec stated the applicant has been very patient and they will try to move this along. <br />City Attorney Goodrich indicated City Council meetings are held every two weeks and the <br />Council is willing to hold a special meeting if necessary. <br />Mr. Jenson stated they respectfully request that this application be tabled. <br />City Council /August ~4, 2007 <br />Page Z6 of 32 <br />-354- <br />