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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Meeting Minutes <br />September 23, 1986 <br /> <br />Public Hearings, continued <br /> <br />Bob Remington, 741 Silver Lake Road, questioned the term <br />"benefitting properties;" noting the curb was changed to enhance <br />the project and did not benefit his property; now has increased <br />traffic; now has access to his property from only one direction; <br />and stated the council had agreed his residence has suffered a <br />loss in property value because of the project; asked if consid- <br />ertion had been given as to why the improvement was made (to <br />improve property value or assist traffic flow?); and asked how <br />he is benefitting from the improvement. <br /> <br />In response to Benke's request concerning "benefitting <br />properties," LeFevere stated the question is not what the purpose <br />of the improvement was because there may have been a purpose <br />entirely unrelated to the property but, if the property was in <br />fact benefitted, special assessments can be levied up to the <br />amount of the enhancement before the value on which the project <br />is levied. In other words, the maximum amount would be <br />determined by subtracting the value of the property before the <br />improvement and the value of the property after the construction <br />is completed. <br /> <br />Remington stated he gave up five oak trees in order to have a <br />sufficient driveway following the construction; Benke stated that <br />on improvement projects we have paid for services for an assessor <br />who has verified the property value benefits and asked staff if <br />that had been done on this particular project; Rutherford stated <br />normally the City Engineer has an appraiser look at all of the <br />assessments beforehand and, if it is not done immediately, it is <br />done at the time of the initial pUblic hearings. <br /> <br />Remington feels the value of his property has decreased; Sinda <br />asked if the property had ever been assessed for a curb and <br />gutter. Remington stated that at the time the curb and sidewalk <br />were put in, he had been assured that the sidewalk would not be <br />assessed (does not recall whether or not he was the owner of the <br />property at the time the curbing was put in and assessed); Benke <br />recalled there was bituminous where there is now concrete and <br />that is the part of a city policy that has been in effect which <br />states we will improve the quality by changing from bitmunious <br />to concrete curb and the county pays for the cost of bituminous <br />and the city pays the difference of the concrete. <br /> <br />LeFevere advised that a landowner has a right to reasonable <br />access to a road adjacent to his property, although there is no <br /> <br />Page Six <br />