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10.02 - Wildlife Trail Project
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01-04-2011 Council Meeting
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10.02 - Wildlife Trail Project
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— <br />Below is e-mail correspondence from Tim Houle and Paul <br />Sandelin regarding this issue: <br />� <br />To Sandv Peine and Paul Sandelin - From Tim Houle: <br />It is not unusual to have more negative than positive comments from notices / at a <br />hearing. However, on any special assessment project, or, for that matter, any public <br />improvement project, it comes down to whether the Council believes this project will, <br />overall, be an asset for the City. The City Council can (should) gather input to help them <br />make this decision. The State Statute mandated special assessment process gives the <br />Council the opportunity for written and verbal input at the public (preliminary <br />assessment) hearing we had Tuesday night. What they do with and how they interpret <br />that input is up to each Council Member. <br />I know I have mentioned this to the Council before, but unless you deal with special <br />assessments frequently enough, it can be forgotten. Objectors to the amount proposed to <br />be specially assessed can appeal their special assessment at the final hearing stage. <br />Obviously, if the Council believes there will be appeals - or maybe I should say <br />significant appeals - they may want to consider whether it is appropriate to proceed with <br />the project. The test is whether the parcel will benefit by as much or more than the <br />amount specially assessed. Especially on vacant parcels, for the value of the parcel to <br />increase by at least the special assessment amount can be the crux of the issue. <br />To Sandv Peine and Tim Houle — From Paul Sandelin: <br />Sandy and Tim: I looked over my file on this along with the assessment statute. We <br />started this project as a property owner petition assessment project. The city obtains a <br />feasibility study/report to determine initially if the city thinks the project will be feasible <br />which in large part is a financial analysis of the project albeit an estimate. Based upon <br />that report and input from the affected property owners it is a policy decision for the city <br />to order the project. The city does have 6 months from the date of the improvement <br />hearing to adopt a resolution ordering the improvement. So if we think we need to <br />consider whether or not we are going to actually order the improvement we do have time <br />to consider that. In any event in this case the city has adopted the resolution ordering the <br />improvement. That means we need to show the following which is taken from the league <br />materials on special assessments: <br />• The land receives a special benefit from the improvement. <br />• The assessment does not exceed the special benefit measured <br />by the increase in market value due to the improvement. <br />� • The assessment is uniform as applied to the same class of <br />'; property, in the assessed area. <br />
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