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<br />I <br /> <br />I <br /> <br />I <br /> <br />COUNCIL PROCEEDINGS <br /> <br />CITY OF NEW BRIGHTON <br /> <br />Pursuant to notice thereof, a special meeting of the New Brighton City Council was held <br />Tuesday, October 3, 1989, at 7:36 p.m. in the municipal building, 803 Fifth Avenue NW. <br /> <br />Present: <br /> <br />Mayor Benke, Councilmembers Brandt, Gunderman (arrived at 9:34 p.m.), Larson, <br />and Wi 11 i ams. <br /> <br />Absent: <br /> <br />None <br /> <br />Also <br />Present: <br /> <br />David Childs, City Manager <br />Charles LeFevere, City Attorney <br />Les Proper, Public Works Director <br />Bob Rutherford, Engineering Aide IV <br /> <br />Charles LeFevere, City Attorney, explained to the audience an error <br />; n the wordi ng of the Pub 1 i c Heari ng Noti ce for the proposed <br />assessments for Improvement Projects 85-1, 88-18, 88-23 and 88-26. <br /> <br />He explained that state law allows the Council's levy of special <br />assp.ssments to be appealed to the District Court if certain legal <br />requirements are met. One of those requirements is the filing of <br />a written objecti on wi th the City Cl erk pri or to the assessment <br />hearing or the presentation of a written objection to the Mayor at <br />the hearing. <br /> <br />He noted that the text of the Notice for all of these Improvement <br />Proj ects states, IINo appeal may be taken as to the amount of any <br />assessment when a written objection signed by the affected property <br />owner is filed with the City Clerk prior to the assessment hearing <br />or presented to the presiding officer at the hearing.1I The Notice <br />shoul d have stated, IINo appeal may be taken as to the amount of any <br />assessment unless a written objection signed by the affected <br />property owner is fi 1 ed wi th the Ci ty Cl eY'k pri or to the assessment <br />hearing or presented to the presiding officer at the hearing.1I <br /> <br />Public Hearing <br />Notice for Proposed <br />Assessments for <br />Improvement Projects <br />85-1, 88-18, 88-23 <br />and 88-26 <br />