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HomeMy WebLinkAbout7 - North Shore Oaks 2nd & 3rd Additions Improvements J A;ENDA: F;~QUESTED BY : SJBJECT MATTER: D.\ TE : Introduction: E\CKGROUND: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 qgJs(}~ r~ 2Q91 7 RALPH TESCHNER, FINANCE DIRECTOR CONDUCT ASSESSMENT HEARING ON NORTH SHORE OAKS 2nd & 3rd ADDITION IMPROVEMENT (PROJECT 90-13) SEPTEMBER 17, 1990 The ~urpose for this public cons1der the assessments for sewer and water improvements Project 90-13 and for the assessment roll. hearing is the paving associated adoption of to and with the At its regular meeting of August 20, 1990 the Council approved Resolution 90-45 which declared the cost to be assessed and ordered the preparation of the assessment roll. Also Resolution 90-46 establishing the date of the Assessment Hearing for the North Shore Caks 2nd & 3rd Addition area improvements was passed. All property owners have been mailed a Statement of Special Assessments which included all appropriate information pertinent to their property. A public hearing notice was also included indicating time and place of the Assessment Hearing. The preliminary assessment roll as authorized by the City Council amounted to a total of $383,247.42 which represents approximately 92% of the project cost of $418,593.69. The difference is to be paid by Trunk Reserve funds. It should be noted that the attached current assessment roll includes trunk acreage assessments of $32,037.50 which were inadvertently omitted from the resolution amount. The following rates were utilized in calculating the individual assessments for the property owners on the assessment roll: street Paving $37.81/ff Sewer & Water ... $63.99/ff Trunk Acreage ... $2750.00/ac The combined rate of $101.80/ff represents a reduction of nearly 14% when compared with the initial public hearing total of $117.96. These lower rates reflect favorable unit quantity prices that were obtained during the bid process. 4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 FECOMMENDATION: ~LTERNATIVES: BUDGET IMPACT: ACTION REQUIRED: All fr~ntages were determined as per the City's assessment policy which utilized either actual plat dimensions where available or scaled readings from half section maps. The assessment terms, as prescribed by pOlicy, are to be a period of 5 years for the trunk acreage charge, 10 years for paving and 20 years for sewer and water. The interest rate will be 8%. Added to the first year installment (1991) will be an additional 105 days of interest which account for the remaining days of 1990 following the public hearing. Depending upon the input received at the hearing, the Council can discuss whether the Assessment Roll is accurate or if corrections are necessary. The alternatives are as follows: 1. Approve Resolution 90-51 adopting the assessment roll as submitted. 2. Approve Resolution 90-51 subject to Council approved changes. 3. Continue the hearing for a specific reason. There is no direct impact upon the annual operating budget as bonds will be issued in early 1991 which shall be dependent upon assessments and an annual ad valorem tax levy should a delinquency shortfall occur. Motion to approve Resolution 90-51 contingent upon Council amendments. HERITAGE 1891 COMMUNITY 1991 C{tX[SO_ i~ ' 2Q91 RESOLUTION 90-51 RESOLUTION ADOPTING ASSESSMENT FOR North Shore Oaks 2nd & 3rd Addition Improvements (Project 90-13) MOTION BY SECONDED BY WHEREAS, ~ursuant to proper notice duly given as required by law, the Counc11 has met and heard and passed upon all objections to the proposed assessment for the improvements of proiect 90-13. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. Such proposed assessment, a copr of which is attached hereto and made a part hereof, 1S hereby acce~ted and shall constitute the special assessment aga1nst the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be parable on an equal principal method extending over a per10d of 5 years for trunk acreage, 10 years for paving and 20 for sewer and water. The firs~installment shall be ~he annual principal plus interest calculated from the public hearing date to the end of this year plus the twelve months of the next year and shall bear interest at the rate of 8 percent per annum from the date of the adoption- of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of anr property so assessed may, at any time prior to certiflcation of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, except that no interest will be charged if the entire assessment is paid within 30 days; and an individual may at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year's property tax statement. 4. The City Manager shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of Scott County. Such assessments shall be collected and paid to the City in same manner as other municipal taxes. 4629 Dakota S1. SE, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 IEDImDI: ~ect 91-13 A5h Circle, Ferndale Avenue, I HilIpton Strel!t 6i~~ ll'9Ir .... ME: 51! Il!IIbtr 17, 19'31 ~RE: SJ7.81/FF PAlJI~ t6J. '1:l/FF S & W, SZ7Se.88/ACRE TRIH< OIlRGE 1I!I.I!IlII I8lT IDlE: PAV (NJ - 82 S & W - @.! ACREAGE - 76 DIIBBI' EE: 8.~ SPIBIl: PAY I 00 - II yt!iI'S, S & W - 21 years, ACREAGE - ~ years DIITDI. ....: 1998 DITlIIIl. DIIBI5I': 115 Da~ MWBII' 1EIIIIt: EqUiI incipil LESl. DESCRIPTlill PROPERTY IllER current fronta~ d@ferred fronh~ current CURRENT aJRIij'NT aJRREHT DEFERRED DEFERRED & & acrf!age PAVItt; ~T saw IMl..NT ACREAGE ~T PAVItt; AIO.M saw AIOJIT PARCEl.. NJlII:R ADDRESS PAVItt; S & W PP.\iINS S & W IIartiI .... ... r. MIIt_ Lot I JOHph & Dianl'll! Zil!Ska 188 188 I . e.34 3,781.88 6, m. 88 935.. e.. e.88 25-868-111-1 5316 Hi.pton Strtet Pr ior Like, ... 55372 Lot 2 Keith & Annette Dickie lee IN . I lU4 3,781.88 6,m.ee m.. Uf ll.ee 25-868-IIH 5336 Hupton Strwl: Prior Like, ... 55372 Lot 3 8l!rnard & Kathryn S. Hi~lik lee lee I I 1.34 3,781. ee 6,m.ee 935.. I.. 1.88 25-868-11H 5J56 HaIIpton Street Prior Lake, ... 55372 lot 4 TilOt~ & Dorothy A. loonan lee lee I I 1.34 3,781.l1li 6, m. f.e 935.ee 1l.1lI 1l.1lI 2S-t68-llll4-1 5376 .pton Street Prier lake, ... 55372 lot 5 ~er & Elail'll! Olson lee IIl1 I . 1.34 3,781.88 6,m.1lI 935. III e.1lI I. III Z5 lIl68 llll5 ... Hi.pton Street PriOl" Lake, ... 55372 lot 6 Guy i4. & Brenda Y. l.-ers '1:l '1:l I I 1.34 3,743.19 6,335.11 935. III I.011 1.88 2S-t68-IIH 5411 HaIIpton Street Prier Like, ... ~.!72 lot 9 Willi. A. FalTl!ll 1. IIlI I I 1.34 3,781.88 6,m.1lI 935. . 1l.1lt I. III 2S-t68-IIH 5286 HaIIpton Street Prior Like, ... 55372 lot II David Seipp I III 188 . I 1.34 3,781.88 6,399.. 935. III I. III 1.88 2S-t68-1IH 5313 Hu~ton Strel!t Prior LI e, ... 55372 Lot \I Richard P. Duckstad 1011 188 . I 1.34 3,781.88 6,m.. 935.. 1.88 1.88 25-868-tIl-l 5295 HaII~ton Street Prior la e, * 55372 lot 12 HiW & Viola Kohout lee 188 . I 1.34 3,781.88 6, m. " 935.. e.. 1.88 2S-t68-t12-1 52 Hi.ton Street Prior la e, * ~-.!72 IIartiI ... ... ~ AMi".. lot 1 Blk 1 Ti. G. & Fu.oko Conner. 91 91 . I 1.38 3,482.91 5,759.11 1,145.. UI 1l.88 2S-t74-tIl-l 141\3 A5h Circle PriOl" like, * 55372 lot 2 Blk I Ra)'lOfld & Edna Karvonen III 111 . I 1.48 4,159.11 7,138.91 1,321.. 1.1lt I. III 2S-t74-t12-t 14149 A5h Circle Prior lake, * 55372 lot ~ Blk I Ric:Mrd Krohn 115 115 . I 1.42 3,971.15 6,718.95 1,155.. ... 1.1lI 2S-t 4-t13-t 14179 A!h Circle PriOl" Like, * 55372 E6Il I&:RIPTI!II PlllPERTY IllER I:lII"I'fIIt fronhl/f Mfl!l'ftd fr.>nh!ll' cu~t OJRP.EHT llJARENT QJRIENT DEFERRED DEFERRED & & a~agl! PAY I"; AIO.MT Sill AIO.MT II:REI& IIOJlT PAYI"; AIOM Sill IIOJIT PAlIB.. IUIlEIl ADIlRESS PAY!N6 5 I W PAYIIE S & W ot 4 Blk 1 RobI!rt &e.l ke '1.1 95 . . .. .c 3,591.95 6,'7'J.15 1,155." .... .... 5-I7H14-t 1428'J Ash Cirele Prior lAke, III s:5J72 ot 5 Blk 1 JaIIl!I J. Vizenor 91 91 . . '.38 3,482.91 5, 15'J. I' 1,145. .. .... .... H74-t15-t 14251 Ash Cirele Prior like, III s:5J72 ot 1 Blk 2 D.arnll HHtln~lI 1116 1116 ;l . '.37 4, "7. 86 6, 782. 94 1,117. se '.llll .... 5-174...... 14114 AlIh Clre e Prior Lake, III s:5J72 ot 2 Blk 2 ~& Robl!rt FalTtlll 118 118 . . U'J 4,183.48 6,91'. 'l2 1,172. se ..~ .... 5-t74-N7-t 141 AlIh Cirele Prier like, III ~m ot 3 Blk 2 Terrain HaMon 119 11'3 . . '.3'J 4,121. 2':l 6, 'l74. 91 1,'12. se ..~ .... 5-174...-1 14142 Ash Cirele Prier Lake, III ~172 ot 4 Blk 2 Bradl~~aft 135 135 . . 1.67 5,114.35 8,638. 65 1,842. se ..~ .... 5-I74-tI'.H 14156 ire 1. Prior Lake, III SSJ72 ot 5 Blk 2 Bradl~ RoIwI' 125 125 ;l f '.43 4,726.25 7,'I'l8.75 1,182.se ..~ .... 5-I74....IH 14178 Cirele Prior Lake, III s:5J72 ot 6 Blk 2 Robert & lihIron Iboroullk I 115 1(15 . . '.48 3, 97.. (15 6,718.95 l,nl.N '.llll (I.N 5-174-111-1 14184 Ash Clrele Prior IAk., III SSJn ot 7 81k 2 L.ne Sel tz 1116 1(16 ;l 1II '.49 4, "7. 86 6, 71ll. 94 1,347. se .... .... 5-174-112-1 14198 Ash Clrele Prior L.k., III s:5J72 ot 8 81k 2 !<eit!l & Bonita Plath 114 114 . . '.42 3,932.<'4 6,654.% 1,155." f." .... 5-174-113-1 14212 AlIh Cirelli Prier Lake, III ~m ot 9 8lk 2 J_ Spielcl!r 121 1<'8 . . '.53 4,537. <'8 7,678.lMl 1,457. se .... .... 5-174-114-1 14226 AlIh Cirele Prior Lake, III s:5J72 ot 18 Blk 2 Dlarlll V. Reuter lie ". . . '.42 4,159.1' 7,138.91 1,155." '.llll .... 5-174-915-1 14241 AlIh Clrele Prior like, III 55372 ot " Blk 2 Robert & Linda Sdleeler 121 1<'8 1II . '.47 4,537. <'8 7,678.81 1,2':12. se 1II.llll .... 5-974-116-1 1~ Ash Clrele Prior Lake, III :m72 .... 20ft' of W 2EI' = & Donna F.lTtIll 211 211 . . '.68 7,562." 12,798. .. 1,87.... 1II.0f .... f S 15e' of N 391' ~0Il street f ~1I~ Prier IA ,Ill 55372 5-92S-121-1 1/2 11/114 F~ N. Brifflth 151 158 'l.~ 5'lI (1.51 5,671.58 9,598. se 1,4Cl?.se 31,193.~ 37,7'54.1' f ~1I~ I IIftt 28th 1412 5-925-127-1 1Ip1.. III ~ ----------- -------~- TUTIlS 3, 187 3,887 1!25 591 11.65 116,719.47 197,537.13 32,IJ7.se 31,1'33.25 37,7'54. 11 6R1W1l TOTIL S415,241.45 9I13ARl September 17, 1990 OBJECTION TO SPECIAL ASSESSMENT FOR PROJECT 90-13 The Mayor and City Council of the City of Prior Lake c/o City Manager 4629 Dakota Street S8 Prior Lake, MN 55372 RE: 14240 Ash Circle NE Lot 10, Block 2, North Shore Oaks 3rd Addition P.I.D. 25-074-015-0 Dear Mayor Andren and Council Members: The purpose of this letter is to make written objection to the proposed special assessment of $12,353.00 on my property for the City's Project 90-13. The property address, legal descrip- tion and tax number are shown above. The amount of the proposed assessment far exceeds any increase in value of my property that the paving and sewer pro- ject will provide. Sincerely yours, ~~~7 -~~ '"/ b ~~~/:/-.'."/ - :;....-'- ""/~ C.V. Reuter C.V. Reuter 14240 Ash Circle NE Prior Lake, MN 55372 rro the City CouncE of Prior Lake, }/,innesot:1: We object to the assessment of the special benefits conferred by Proje~t 90-13. '. , ~. . "iV~h. Property Description /. ~. ~. :J If;2J 6 dd,,~- /~cJ-.;Jf.."d.a.A j~ j h /42S./f aaJ t!-1~A'jp) I /L/;?.Yj t?d (J~ / .::,o-~~c;..--. 0,2. ;../~ ,/ , ~ :~ . /'~ ~/,' ,/'.":"---:,' / /_/..C.-;/, /~I ,/~'.. '/' /, ~/ ,._---- _ _ _ _ ~ '- ,- ~ /'." .i--, ~ -.. / t///1J? aL riA (Ie. /&.; /d'?j At,!, ~ 4t Ale " .:;iJ~~ ~~~~~ 14/~4 A~& ,J~ -::=-- b '~ n ~.( ,G.e4J10n... ;l//]o ~l-. c..1- /Of Lfq(fl - 30 7 tJ:, C:, ~ . ~. ~ ~/70 &A..../ )()C VCJ& .. ~O?to 7, - ~ , / L~ //3/fi/! Cp;; AlE ~76 ,- 5: t:;, (I 7, .. /fl/~As4 C/~ drZ _ 476 - ~b 1/ y, ~ ",)d 624.,^-, S J Ii t: )I'll,,"/, ~,,) {l hiE if 2 r; - 0 10 9 8: _ ~\~ ~. (j~y\) ?;30" ~(}~&\ ~. f'JE --ltqb - O/6q 7. "'}~ ~<k- SY37~ M(\ry~~- ~~~--d/(J / 7 . O)oo-h~ S 'S 7 ~ l4OJrr-.p<.c...,-, yq.b' ,) /0 7 ~ I~, /%l/e/ 45"y-a/f'~ ?/?/~//~f/ /c/c2Jo?t2J- ~ ~~S:-I/Jt;/ '/-' 'f~ _S~ 5-. /0, Phone Number flfr~S-67 -'(~ s-- S1s70 1 490 - /L/r2/ /f9~-/~~/ :.-:;;./ (:'/ ~f'S- 7//-:1 115 - ,7//1 ij~~-~~4/o ~~~-CJ<./<..I () 'I) ~ q\~ 70, All MfEM- ~ - DATE: TO: FROM: SUBJ: September' 14, 199121 Prior Lake City Council Members Robert and Linda Scheeler Assessment Roll: Ash Circle Water/Sewer Le e Andr'en John Fitzgter'ald Doug La"r'son Car'o I Scot t Gene l.Jhite c. c. Larry Anderson, Bruce Loney On April 4, 1990, we submitted the attached memorandum to the Prior Lake City Council Members explaining the hardships and implications that our family would experience from the proposed assessment. (Remember, we had NO Knowledge or Information on the proposed assess- ment unt i I AFTER we put'chased Ot\)"' home in September', 1989.) To date, our financial status has NOT improved. are LESS than Roberts' Control Data income last native may be to sell our home. Our combined incomes year'. OUr' best alter'- We have consulted with three (3) real-estate attorneys and two (2) real-estate agencies. In every consultation, the advice has been the same. The real-estate attorneys explained that the cost of the assessment can NOT legally exceed the increase in property value from said assessment. The real-estate agencies can NOT sell our home; the amount OWED will exceed the Proposed Assessment and Mortgage balance (excluding our Or' i gin a I i n v est men t s f 0 "r" h 0 m e imp l"' 0 V e men t s , r' e a 1 - est ate / 1 e 9 a I fee s , & expenses required to obtain an FHA mortgage). Therefore, the Market Value of our property is LESS than the Mortgage balance plus the Proposed Asssessment. We OBJECT to the proposed assessment. assessment amount to the cooresponding We REQUEST that you adjust the increase in property value. cL!LV Ro e"r't Sch e e1 e"r' Ash C it, c 1 eN. E. 496-1421 /~~~;l"itL,) ..JC,tJ~&'L., Linda Scheeler' 14254 Ash Circle N.E. (612) 496-1421 DATE: TO: FROM: SUBJ: Apr~i 1 4, 199121 Prior Lake City Council Members Robert and Linda Scheeler Proposed Assessment: Ash Circle Water/Sewer Lee Andr~en John Fitzgter'ald Doug Lat'son Car'o 1 '3cot t Gene White c. c. Larry Anderson, Bruce Loney Thank you for this opportunity to comment on the proposed assessment for water/sewer on Ash Circle in North Shore Oaks. In September, 1989, our dreams came true to buy a home in Prior Lake. To protect our interests, we purchased Title Insurance and contracted the services of Orlins & Brainard (Attorneys at Law). We were with our Real Estate Agent when, she contacted City Hall to investigate cUr~rent and pending assessments. (This is the same procedure we followed to sell our first home.) We were NOT advised of the historical feasability studies and pending status of sewer/water. Our world and dreams were abruptly interrupted. Immediately after we purchased our home, the neighbors informed us of pending assessment pt'oceedings. In eat'ly Oc-tobet', Robet't's position with Conb~ol Data Corporation was eliminated with the divestment of the Imprimis Subsid- iary to Seagate Technology headquartered in another state; consequently we lost 112112110 of -OUt' family income. Again our world and dreams were abruptly interrupted. In early November a medical problem culminated into a medical emergency requiring immed- iate hospitalization, a major surgery, and extended convalescence. Today, we are both employed in our professions with a combined income LESS than Roberts' Control Data income. Linda is Licensed with her Masters Degree in Special Education. Robert has a Business Degree and works for Seagate Technology. We are intelligent, responsible tax- payers who were never informed by all of our resources and contacts of the historical and current assessment activity. Approval of the assessment will have serious consequences on our family: FINANCIAL: The combination of buying our home, unemployment, and medical expenses have exhausted our financial resources. Our combined income today is a STRUGGLE to meet our obligations. We can NOT qualify for additional credit. EDUCATIONAL: We have identified and eliminated many unnecessary expenses in our home. Proposed assessment expenses will place us at a dis- advantage to support educational and extra-curricular activi- ties that are important to the development of our three young chi ldt'en. LIFESTYLE: Our lifestyle has ALREADY changed. Current expenditures do not allow the convenience of child care. Robert works full-time days. Linda works full-time evenings, Saturdays, and Sundays. EMOTIONAL: Obviously, we have endured EXTREME circumstances during our SlX month Prior Lake residency. Additional expenses will finan- cially devastate and ruin our family. The financial stress and demands of young children have stretched us to our limit. LONG-RANGE: Our goals for retirement investments and college investments are completely ON-HOLD. Assessment payments will proportion- ally reduce our ability to respond to necessary house repairs, medical bi lis, and emergencies. REQUEST: We request that you examine the impact on the entire neighbor- hood before you reach a decision. How many homes will be offered for SALE in response to monthly payments that are beyond the financial capabilities of each homeowne~~? How many homes may be foreclosed by mortgage companies? How many homeowne~~s have "Little" o~~ "No" Owners Eq'.lity to market their property if they can NOT afford assessment chat'ges? What impact will the actual assessment have on our property values? What can we DO to avoid losing our home? What control do we have as citizens to protect ourself and our family members? WHY WERE WE NOT INFORMED OF THESE ASSESSEMENT ACTIVITIES WHEN WE CONTACTED CITY HALL? (This would have provided alternatives to make a decision.) We REQUEST that you DO NOT approve the proposed assessment. There are other alternatives and different expense levels that each home- owner can evaluate to meet INDIVIDUAL needs and budgets. Thank you. Respectfully, // / .. I .0c/~&c/ R bet~t Sch eel et~ Y+254 Ash C i t~c 1 e /(612) 496-1421 N. E. ( / I ~)Aj tl ~., j, i ~ (~-{iL[t.cL/,/ C '\Lt- 't/c/ Li nda Schee 1 et~ 14254 Ash Circle N.E. (612) 496-1421 ~ ' " . , 't. I "'I' '; .' " ,\ . I \ I I . ., . \ . CORPORATE HEADQUARTERS 28605 RANNEY PAAKWAY WESTLAKE, OH 44145.9943 (216) 835-8400 FAX (216) 835~6535 TO: M-4y""" ~ /1..\J>-.. l~.fu FROM: (;(...;o.( Lt-<-~""'t \ FAX#: 6(2. 'It(/~z~.J-- DA TE: PAGE ONE OF r COMMENTS: ~: Sfl,-,~~ I W~k \ ~ ~e.J. ~ ~0G-9 ~ MAKE THE ARC CONNECTION Data Communications Specialists Since 1976 Experts in Systems Integration Wide Area Networking '* Microwave * Fiber Optics .. X.25 T1 '* LAN Jnterconnectivity .. MOdems ... Multiplexers Network Management 'It Voice/Data Integration Data-Over-Voice ARC Also Offers.. . NATION WIDE SERVICE Equipment & Cable Installation ... In House Cable Manutacwring Depot RePfJi' GUYLM1MERS 5410 Hampton Street Prior Lake, MN 55372 October 1, 1990 Mayor of Prior Lake city Hall Prior Lake, MN 55372 Your Honor: Regarding the current sewer and water project underway at North Shore Oaks on Hampton Street and Ash circle, I would like to again express my displeasure with the assessment. For the re- cord, I object to the assessment role. The attached documenta- tion outlines some of my concerns. and expresses my continuing desire to seek legal counsel to address current inequities in the assessment role. I would appreciate written notification signifying that my objec- tion has been officially recorded and noted by City Council. Thank you for your assistance. Yours trul~~ ffZ:--~" ~~::~ton Street Attachment DOUGLAS M. STEVENS mOM AS A. EGAN PATRICK W. STEWART THOMAS G. LAUER STEVENS, EGAN, STEWART & LAUER an association of auomeys Suite 211 14300 Nicdlet CouR Bumlville. Mimuou 55137 Telephone: 6121435.:\555 OFACB MANAGER Oleryl A. Connelly UOAL ASSISTANT Linda R. Blaisdell August 2, 1990 Mr. Guy Lammers 47B9 Detroit Road Sheffield, Ohio 44054 Re: 5410 Hampton Street N.E. Prior Lake, Minnesota Dear Mr. Lammers: Please be advised that we checked into the assessment situat10n regarding your property and are in a position to give you background information and your options concerning the proposed assessments. It is our understanding that certain residents of your subdivision petitioned for sewer, water, and street improvement pursuant to Minnesota Statutes ~429. 031 Subd. 3. The Ci ty Counci 1 then had the pl ans drawn up and approved them. Since no appeals were taken from the determination of the City Council, the Council approved the project. As an aside, we were advised that a majority of the residents in your area want the improvements. However, there are a certain number of people who wish the improvements could be postponed and/or the amount of the proposed assessment would be less than the figures currently being discussed by the City Council. At any rate, the project has been approved. The bids are currently being received, and acceptance of a bid is on the Consent Calendar at the City Council Meeting on Monday, August 6. Shortly thereafter, the work will begin on the project. Then, an official assessment hearing will be held sometime in late August after the City has figured out the apportionment of the costs per edch lot. According to the statute, you, as well as all other residents affected by this assessment will receive notice of the official assessment hearing. If you want to contest the amount of the assessmentss there is a two-step process. First, you must give written notice to the City that you object as to the proposed assessments. To protect your rights, we suggest that you notify us when you receive notice of the assessment hearing, and we will then, on your behalf address a letter to the City Clerk protesting the amount of the assessments. The second step in the process will be for you to serve notice of appeal upon the mayor or clerk of the City within 30 days after the adoption of the assessment. Then, you must file a notice of appeal with the district court within ten days after service upon the mayor or the clerk. The above. t believe. sets forth the legalities involved with the assessments. Digr@ssing for a moment. I would like to address your suggestion that the City "by-pass" your property. Since the plans are already approved and the bids let and bid will be awarded on August 6, it is too late to change the scope of the work. Thus. your property wi 11 be included in the project and subject to the assessment. Thus. your only recourse is to contest the amount of the assessment wh1ch deals with the benefit to your property versus the cost of the assessment. Our suggestion is to simply object to the amount of the assessment prior to the hearing. and then you can make a decision on whether or not you want to spend the professional fees attempting to contest the amount of the assessment in district court. At this time, we will wait to hear from you regarding your notification concerning the assessment hearing, and then we will file on your behalf the objection to the assessment. Then, you must decide whether you want to proceed to contest the amount of the assessment. Unless you have some questions at this time, we will wait to hear from you regarding the notification of the assessment hearing and then we will file the objection. ~~ Thanks. and kindly advise if you h~v ~stions. yours. DMS:lrb ---------------------------------------------------------------------------------------------------.