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Attached as Exhibit "S" is a response to Mr. Tucker's comments from Les Lyle, City <br />ng~neer. <br />It would appear to the Hearings Qfhcial that Mr. Tucker's situation is very similar to the <br />Swenson property, mentioned above. It is a several acre property with a very modest <br />structure, which has been used in large part for agricultural purposes. Nevertheless, it is <br />a developed property which now has sewer service. whether the amount of the current <br />assessment prompts Mr. Tucker to develop the property remains to be seen. However, <br />the fact that the property might "drain" in one direction or the other has na bearing on <br />assessment. As with other properties, if other sewers are developed along the 'Dicker <br />property, further assessment may occur. However, that is a matter that would be <br />addressed at that time and does not bear on whether the current assessment is properly <br />calculated. ' <br />Therefore, it is the finding of the Hearings Df~cial that staff has properly assessed this <br />property. The Hearings 4fhcial recommends that the City Council assess the property in <br />accordance with staff recommendation. <br />C. Bureker Pro e . As set forth in the Memorandum, the contention on <br />behalf of Ms. Bureker is that this property is on the floodway map. Staff indicates that <br />development can occur, so long as the finished floor elevation is greater than or equal to <br />the 1 UO year flood elevations. The property owner's representative has indicated that <br />this would require a substantial amount of ~ and that development will never occur. <br />However, staff further paints out that other properties within the area and the city have <br />been able to comply with flood plain requirements. Therefore, the Hearings Official <br />cannot conclude that development is impossl~le. <br />Therefore, it is the finding of the Hearings Official that this property is in the city and <br />subject to assessment. The Hearings Cfflcial recommend that this grope be assessed <br />. ~Y <br />~n accordance with staff recommendation. <br />D. Other Pra ernes. The Hearings Dfhcial has considered the position of the <br />following properties and recommends the adjustments as proposed by staff: <br />Tharsby - No Assessment at this time <br />Koziol - Na Assessment at this time <br />Delcurta - Delete MWMC <br />V~atson - Reduce the MwMC to $28.15 <br />Fortner - Daly one service line charge <br />_T_ <br />