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9 <br />concerns, however, there does not appear to be an approach that would <br />both satisfy tenants and be likely to achieve the support of legislators and <br />the State Lands Commission. Additionally, it is clear that the plaintiff in the <br />Settlement Agreement will object to City support of any new attempts at <br />legislation, exposing the City to ongoing legal and financial risks. As a <br />result, staff does not recommend any further pursuit of State legislation <br />related to Docktown. <br /> <br />3. The City didn’t provide proper notice of the draft Docktown Plan or enough time to <br />comment on the draft Docktown Plan <br />a. Response: Staff acknowledge that not every tenant received notice of the <br />Docktown Plan availability due to errors in the City’s email distribution list, <br />and that the comment period was brief. The City provided notice in <br />September of the timeline for development of the draft Plan and City <br />officials had hoped tenants would meet with OPC representatives to help <br />inform the development of the draft Docktown Plan; unfortunately, relatively <br />few members did so. Comments received between November 15 and 30, <br />2016 are being addressed in the Docktown Plan, and the City Council will <br />receive and consider all comments received prior to and on December 12, <br />2016 as well. <br /> <br />4. The City should provide tenants with the ability to seek their own appraisal of their <br />property <br />a. Response: The Docktown Plan has been modified to address this concern. <br />In the event that a tenant wishes to sell their property to the City, the Plan <br />now provides for a City-paid appraisal and, if the tenant does not believe <br />the appraisal was sufficient, the tenant may pay to have their own appraisal <br />conducted by an appraiser of their choosing. The Plan would authorize the <br />City to pay up to 10% more than the City-paid appraisal if the tenant- <br />procured appraisal resulted in a higher value. Should the tenant-procured <br />appraisal result in a value more than 10% greater than the City-paid <br />appraisal, the tenant could request that a third appraiser determine the <br />value of the property. The decision of the third appraiser would be binding. <br /> <br />5. The City should provide an appeal process in the event a tenant does not agree <br />with the application of benefits <br />a. Response: The Docktown Plan has been modified to address this concern. <br />Once a tenant receives their notice of benefits eligibility, they may submit <br />an appeal within 15 days. An independent hearing officer, paid by the City, <br />would determine whether benefits had been appropriately provided under <br />the terms of the Plan. <br /> <br />6. The City should describe what will happen to Docktown Marina in the future. <br />a. Response: The City has not determined how to use the Docktown Marina <br />after transitioning away from private residential uses at the Marina. <br /> <br />6.1.B. - Page 19