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<br />, <br /> <br />I'm going to leave the floor open for comments for awhile, <br />instead of closing to comments. My recollection of Arden Hil11tes <br />is that they always come up with some more ideas; so 'we'll leave <br />it open. We'll go to the Council for any questions or comments. <br /> <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 <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 />necessary, legally necessary in a 429 procedure, in essence. <br /> <br />COUNCILWOMAN RAUENHORST: I have a question re concerns about <br />the areas to be assessed. It was my position that we should be ~ <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 />area - after tonight, we cannot expand the assessment area; if <br />we order the improvement, it is based on this assessment area. <br /> <br />MAYOR WOODBURN: It can be expanded with another public <br />hearing. The audience should know that that was a very strong, in <br />fact the Council took a position that the whole north area should <br />get notices of an assessment hearing because they might be assessed. <br />There were several factors that mitigated against that and there <br />was a reversal of the Council's opinion at the next meeting. I <br />think it seemed perfectly logical to many of us to assess the <br />whole area with a small assessment - the area that was contributing <br />toward the drainage, but it doesn't seem too logical to the ~ourts <br />apparently. They threw out that kind of assessment to houses that <br />already had benefit. In other words, they have sewer now; so, <br />they aren't benefitted by sewer even if the sewer is too small, <br />they can still flush it and it may run over downstream; so, <br />sewered 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 bulk 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 rather, not on the home owners. <br /> <br />(NAME INAUDIBLE): Am 1 understanding you correctly that <br />according to the Duluth case, or whatever it is, none of the people <br />to the north could be taxed? <br /> <br />MAYOR WOODBURN: No, - assessed. <br /> <br />(NAME INAUDIBLE): Assessed. Excuse me, but its possibly going <br />to go on the general taxes. <br /> <br />MAYOR WOODBURN: The houses that now have sewer the court says, <br />it would be very difficult to prove their benefit, when they have <br />sewer already, and, as such, they threw out the assessment on <br />sewered houses. Even though it was a case similar to this where <br /> <br />8 <br /> <br />~ <br />