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I I. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 15. 1996 3 B. Gene Schmidt, 1628 McCracken Lane, Assessment Discussion Mr. Fritsinger reviewed the recent request from Mr. Schmidt for reconsideration of his assessment and the points outlined in the staff report clarifYing the use of the current assessment policy. The City attorney has recommended that the assessment is based on the policy and procedurally was done correct. Staff recommends Council reiterate its support of its previous action to deny the appeal. Councilmember Hicks commented that Mr. Schmidt raises some good questions, but believes the fair thing for all involved is to follow the policy. If the City doesn't follow its policy, other residents would expect similar treatment. Mayor Probst spoke against the motion. Comer lots are difficult to deal with and the City did grant a reduction at the corner lot across the street (1624 Chatham) due to an easement which reduced the developability of the lot. Mayor Probst indicated that Mr. Hick's motion is consistent with the policy, however, he stated there should be room for some logic and accommodation. Councilmember Keirn questioned whether there was a curb adjacent to Mr. Schmidt's property. Mayor Probst responded affirmatively. Councilmember Hicks commented on the drainage patterns in the area, and the only argument that could be considered for reducing the assessment would be the lack of change to the property. Councilmember Aplikowski indicated that this was a difficult issue for her, but the policy is clear and, as such, until the policy were changed, she couldn't agree to reduction. MOTION: Hicks moved and Aplikowski seconded a motion to deny the request for reconsideration on the assessment appeal. The motion carried (3-2). Mayor Probst and Councilmember Keirn opposed. ADMINISTRATOR COMMENTS Mr. Fritsinger reviewed his response in regards to pond maintenance. Councilmember Malone reviewed the history of the neighbors requesting the previous property owner maintain the site. Councilmember Hicks commented his support for the recommendation of the administrator and the remainder of the Council concurred Mr. Fritsinger indicated he is receiving a great deal of response to the RFQ for architectural services. He requested clarification on the role of Mayor Probst in the selection process should BRW/Ellness submit. While there is not a legal conflict of interest, questions have been raised by respondents to the role of Mr. Probst.