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ARDEN HILLS CITY COUNCIL August 30, 2010 10 8.A. Resolution 2010 -039: Adopting Proposed Special Assessment Roll for the 2010 Pavement Management Program (continued) City Attorney Jerry Filla stated the agreement that was drawn up for 3314/3317 Katie Lane is different than the agreements for the other two parcels because this particular property is not one parcel that could be subdivided but is two platted properties and this project is a mill and overlay project versus a full reconstruction. He stated the postponement of the second assessment is for a shorter period than the other agreement and does not contain a forgiveness clause. He clarified the terms of the agreement could be changed. Councilmember Holden asked for clarification on multi- family and single family residential lots. Civil Engineer Giga stated the neighborhood is all classified as a residential single family home or R -1. The homes that are constructed in this neighborhood are all single family homes and there are no apartments, duplexes or other multi family dwellings. The assessment is based on the number of properties not the number of people living in the homes. Mayor Harpstead asked City Attorney Filla why there was not a forgiveness clause in the proposed agreement with the property owners at 3314/3317 Katie Lane because this clause had been included with the other agreements. City Attorney Filla stated this particular property is not the same as the other two properties because it is not one property that can be subdivided but rather is already two platted lots. He explained the issue brought forward by residents regarding multiple families living in a single family home could be a zoning issue or a rental housing licensing issue but it would not be a special assessment issue. Civil Engineer Giga stated the property owners of 3314/3317 Katie Lane are going to be combining the parcels and have contacted the City regarding this. Councilmember Holden stated the City had sent an e -mail to the property owners in 2007 regarding keeping the parcels as two or combining them. The City's response did not specify any benefits for combining the parcels. Mayor Harpstead stated in this case he would recommend having a deferral with a 30 year window versus a 15 year window and include a clause for termination of the assessment if the property is not developed in that time. City Attorney Filla stated paragraph 4 of the agreement would need to be amended to "shall be payable in thirty (30) years from the date The paragraph should also include language that the assessment would be forgiven after 30 years if no building permit had been issued or the property had not been divided. He suggested that a requirement be added that the property be combined into one property for tax purposes. He stated 180 days would be a reasonable time frame to accomplish this. He suggested the Council send this modified agreement to the property owners for signature.