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9 <br />COUNCIL WORK SESSION NOVEMBER 22, 1993 <br />Mr. Schumacher explained that this project is very important for <br />several different reasons. The reasons include safety at the <br />intersection, the possibility of losing both the state and county <br />financial support and delay of the commercial development of the <br />area. He asked the City Council to look at different funding <br />options so as to be prepared for the possibility that Mr. Reiling <br />will be successful in his attempt to avoid the assessment. If <br />some other funding source is determined the project can be <br />completed as scheduled and the City will not lose the state and <br />county financial support. <br />Mayor Reinert said that he was not about to allow the state and <br />county aid to "go down the tubes". He noted that several years <br />of work and costs have already been expended and if the project <br />is not completed as planned, the City may never receive state and <br />county aid for the project. <br />Council Member Bergeson asked what happens if the City proceeds <br />with the project and assesses Mr. Reiling's property. Mr. <br />Schneider explained that he has proposed that the assessment <br />hearing be held as prior to construction of the project so that <br />the City can determine if Mr. Reiling will indeed petition <br />against the assessment. <br />Mr. Hawkins explained that the City could proceed and construct <br />the project in the normal manner. An appraisal of Mr. Reiling's <br />property would be obtained prior to the construction and another <br />appraisal would be obtained after the construction. This would <br />determine the increase in value. It is presumed that Mr. Reiling <br />would also have his property appraised in the same manner. If <br />Mr. Reiling appeals his assessment and the matter goes to court, <br />the court will make a decision regarding how much the improvement <br />project increased the value of Mr. Reiling's property. If the <br />court decides that the value is a lesser amount than determined <br />by the City, the assessment could be reduced. The City must then <br />fund the difference. <br />Mr. Schumacher asked Mr. Hawkins if the City could go forward <br />with the construction and put in the new street alignment with <br />just the basic service leaving Mr. Reiling's property without the <br />service needed to develop his property? Also can the City charge <br />Mr. Reiling the full assessment when he decides that he needs the <br />services? Mr. Hawkins said this can be done for sewer and water <br />improvement projects but not for street improvements. <br />Mayor Reinert said that the City Council must recognize the <br />safety concern at this intersection and also take note that <br />approximately $120,000.00 has already been expended on the <br />project. He also noted that the City has "pushed" the state and <br />PAGE 2 <br />1 <br />1 <br />1 <br />