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5/8/2007 1:17:41 PM
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<br />here. That's the practical problem. They could die tomorrow <br />and the property would be sold and then other people would <br />want to use that property. <br /> <br />. <br /> <br />COUNCILMAN McALLISTER: I guess that's my problem. <br />they need a quick buck, they could decide to sell that, <br />is a benefit to those two lots. <br /> <br />If <br />and it <br /> <br />MAYOR WOODBURN: Mr. Popovich, would you like to cOllUllent <br />on the length of time. It's a little shorter than some - <br />not for developer's lots, but for the private ones. <br /> <br />MR. POPOVICH: You could set a period of time - the <br />statute says if you desire to have any particular parcel within <br />the assessment roll be over a different period of time than <br />others, you could do so if you stated the reasons why and <br />there were good standards for it. For example, a developer <br />comes in and wants property subdivided and the utilities and <br />everything in and we'll enter into a development agreement <br />for a period of time - three, five or six years. Because of <br />the nature of the development, it includes Qther people. I <br />have seen situations where developers will be assessed over <br />one period of time and the other residential properties over <br />a little longer period of time so that the yearly payment is <br />down. You could do that in this case. For example, the <br />Hansens are not developers and if you wanted to stretch <br />theirs over ten years rather than six, or fifteen years <br />rather than six, that's something you could do. <br /> <br />MAYOR WOODBURN: You said that reasons would be needed. <br />What would the nature of the reasons be that would legally <br />stand up? <br /> <br />MR. POPOVICH: I've seen it done, for example, where <br />different classifications were done that way - industrial or <br />commercial versus residential - because of the possible <br />usage or the lack of immediacy of development. In all the <br />years I've been doing this work, we've never had one where <br />it's been certified that way by a council. The Ramsey <br />County Auditor's office doesn't like it because what it <br />really does is create two different things within the same <br />assessment roll. It would have to be some pretty potent <br />reason. <br /> <br />MAYOR WOODBURN: Would a (inaudible) reason be the <br />lack of expectation of immediate subdivision of this land? <br />Would that be a suitable and adequate reason? <br /> <br />. <br /> <br />MR. POPOVICH: I've never seen a court case that either <br />upheld or denied that reason. <br /> <br />MAYOR WOODBURN: Maybe it's about time there was one. <br /> <br />MR. POPOVICH: It's a matter of judgment for you as to <br />whether you want to do this at this time. <br /> <br />-4- <br />
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