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f-lEMORANDUfl.1 TO: Centerville City Council FROM: Greg Hellings Centerville City Attorney RE: strehlow Assessment for the Floodplain Reduction Project DATE: October 2, 1994 On September 30, 1994, I received a telephone call from Mr. Herman Strehlo\-l regarding his assessment for the Floodplain Reduction Project. As I understand the situation, Mr. Strehlow did not object to the assessment nor he did he perfect an appeal within 30 days as required by Minnesota Statutes. However ,Mr. Strehlow wishes to address the council on the issue of a reduction of the aSSE'~sm,,:>~t:. Because Mr. Strehlow did not comply with the legal requirements for an assessment appeal, that avenue of reducing the assessment is not an option in this matter. Prior to considering a reduction in ~. Strehlow's assessment, I believe it is important for the council to understand the method by which an assessment can be reduced. In addition to the assessment appeal process through the Court system, of which the council is familiar and which was previously referenced, a municipality has two other options to change assessments once the assessment role has been adopted. If, because of the omissions or errors in the assessment of any improvement, the council wishes to increase the amount of the ~ssessments, it may levy supplemental assessments. The council day levy these assessments only after given property owners notice and a chance to be heard at a p~blic hearing. Other requirements are the same as those for the original assessments. Obviously, a supplemental assessment does not apply to the present situation. Another option when dealing with assessments is the subject of a reassessment wherein the council may order reassessment of all properties affected by special assessment levy for any of the following reasons: 1. To reassess property when the courts nulify the original assessment; 2. To validate an assessment which the City Attorney feels the city may have made improperly or not in compliance with jurisdictional requirements; or 3. To reduce assessments the City later determined to be excessive. As previously stated, in order to reassess any property within an improvement project, the entire project must be reassessed in a similar manner as the original assessment. This means, in effect, that if a project is to be reassessed, 'the reassessment may be appealed. It As such, as legal council for the City of Centerville, if the council feels that the original assessments levied were appropriate and correct, a reassessment is not recommended. GJH/ea