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`: I'm goir�g to leave`the floor open for comments #or"awhile, <br />II <br />instead of closing to comments. My recollectfiofl of Arden Hill�ites I <br />is that they always come up witfi some more ideas; so�we'11 leave I <br />it open. We'11 go to the Council for any questions ow comments. ; <br />` The proposal to be looked at tonight, if it's not held over, � <br />is to order the improvement. It would not be constructed nor would � � <br />it be`assessed for some length of time, and the figures that'you j <br />heard mentioned tonight are not`the assessment figures, and may <br />not be real at all. There�may;not`even be an assessment if that � <br />is legally possible, for sure, but we do have to present what � <br />seemed to be the worst case figures on something like this. It's � <br />nece'ssary, legally necessary in a 429 procedure, in essence. '� <br />, ' , _ <br />'GOUNCILWOMAN RAUENHORST: 'I have'a question re concerns about , <br />tfie areas to be assessed. It was my position that we should be ��I <br />_ sending public notices to a`larger'group of homes.and property <br />owners than we haVe.' Are we precluded from assessing a larger <br />a,rea - aft.er tonight, we cann.ot expand the assessment area; if <br />we order'#h'e improvement, it`is based on this assessment area. ; <br />MAYOR WOODBIiRN: It can be expanded with another public <br />hearing. The audience shou}d know that that was a very strong, in ' <br />fact the Council'took a pasition that the whole north ar'ea should j <br />get notices of an assessment hearing because they might be assessed.: <br />There were several factors that mitigated against that and there <br />I <br />was a reversal of the Council'`s opi'nion at the next meeting. I ; <br />think it seemed perfectly logical to many of us to assess the ' <br />whole area with a small asse,ssment - the area that was contributing ' <br />toward the drainage, but i`t doesn't seem too logical'to the courts �� <br />apparently. They threw out that kind of assessment to houses that :, <br />already had benefit.' In o`ther`words, they have sewer n'ow; so, ! <br />they aren't benefitted by sewer eve'n if the"sewer is too smal`1, �i <br />they can sti1T fl'ush it and it may run'over downstream; so, � <br />sewere,d property cannot be assessed, if the Duluth case is <br />applicable, and apparently it is. This is one of the things we've , <br />been over.' Of course the buTk of this, no matter which way you cut �� <br />it, is going on general taxes,"not on the home owners; although <br />individual home owners could see an assessment,'individual <br />property owners ra`ther, not orr the home'owners. ` ''; <br />(NAME INAUDiBLE): Am I understanding you correctly'that ; <br />according to the Dulutfi case, or whatever it is, none of the people � I <br />to °the north 'coul d` be taxed? <br />MAYOR WOObBURtJ: No, - assessed. - � <br />(PJAME INAUDIBLE): Assessed. Excuse me, but its possibly going , <br />to go on the general taxes: �,; { <br />_ _ i <br />MAYOR WOOD6URPJ: The houses that now `have sewer the°'court says, ' <br />it would be very difficult to prove their benefit, when they`have I <br />sewer already, and, as such, they threw`out the ass'essment on ' <br />sewered houses. fven though it was a case similar to this where � <br />_ � <br />8 <br />: � <br />_ _ _ _. v;., <br />