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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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2/28/2014 12:14:03 PM
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�..- If we think we are going to have a difficult time establishing that the assessment amount <br />equals the benefit to the property then we need to consider how much the city will <br />contribute toward the costs of the project. If the property owners truly want to proceed <br />we could ask that they waive any right of appeal regarding the assessment but based upon <br />what i have read that probably won't happen. If the city wants to proceed with the project <br />i think we need to pay close attention to the cost/benefit analysis and make sure that is <br />not out of line otherwise the city may have to deal with appeals. if so we need to be <br />prepared to show that the benefit at least equals the cost which means a 3rd party is not <br />going to have to be able to establish that (appraiser or otherwise) for the city. All of that <br />has to be weighed against the likelihood of appeals by the property owners. <br />I think someone raised a good point in the information I read which is does the city want <br />to accept road/streets in the future if they are not improved to city standards, i.e. paved. <br />As a matter of policy the city may want to consider not accepting those streets as a city <br />street which means we don't maintain the street. In the future if there is a gravel road that <br />the property owners want the city to take over as a city street it is up to the property <br />owners to then improve the street to city standards before the city takes it over. <br />To Sandv Peine from Tim Houle: <br />If the city council decides that this is a project they would like to proceed with i think <br />before we do that, we should do some research on cases where assessments have been <br />� challenged on the basis of the amount of the assessment exceeds the benefit to see what <br />we can do to either defend that or determine that the risk is not worth it. Ultimately if an <br />appeal is successful the city will simply end up spending more in terms of covering the <br />cost of the improvement to the point where the amount of the assessment is somewhere <br />close to the benefit. <br />�.. <br />
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