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REtEivE <br />Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Patrick J. Sweeney <br />Robin D. Tourney <br />Sweeney, Borer & Ostrow <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />December 9, 1996 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada, MN 55117 <br />RE: Little Canada Improvement Project 93 -13 <br />Lake Street Improvements <br />McDonough Assessment Appeal <br />Our File No. 7905 <br />Dear Joel: <br />n -mop <br />Telephone <br />(612) 222-2541 <br />Facsimile <br />(612) 223 -5289 <br />As you are aware, the Order of Judge Monahan requires the <br />reassessment of the McDonough property located at 164 Lake <br />Street. Specifically, Finding of Fact 18 of the Order provides <br />that the increase in the market value of the McDonough property <br />as the result of these improvements was $3,000.00. Paragraph 1 <br />of the Order for Judgment requires reassessment consistent with <br />the Court's Order and Judgment. <br />Minn. Stat. §429.071, Subd. 2, which governs reassessment, <br />requires that if a portion of an assessment is set aside by <br />District Court, the Council may "upon notice of hearing as <br />provided for the original assessment" make a reassessment of the <br />property. This statute requires that the Council conduct a <br />public hearing on the reassessment following published and mailed <br />notice as least two weeks prior to the public hearing. Although <br />such a public hearing would appear to be a formality under the <br />facts of this case, the statute clearly requires that the <br />procedures for a reassessment be identical to the procedures <br />followed for the original assessment. <br />I am forwarding with this letter a proposed Resolution for <br />Reassessment of Project 93 -13. The Resolution was prepared <br />following conversations with the Department of Property Records <br />and Revenue for Ramsey County and I am advised that the <br />Resolution meets their requirements. We recommend this <br />Resolution be passed at the public hearing and that you transmit <br />a certified copy of the reassessment to John Fohrenkamm of <br />Property Records and Revenue at 15 West Kellogg Blvd., Suite 830, <br />Page 10 <br />