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to decide it after a significant amount of litigation. <br />Issue #2 - Process - The process that was undertaken on the <br />Crystal Bay project was one in which although the City had <br />discussed a contribution, the City undertook the following steps; <br />1. Hold the public hearing <br />2. Adopt the project <br />3. Adopt the assessment <br />4. Allow the 30 day appeal process <br />5. Have the Courts determine the benefit to the <br />properties (and hence the amount of City <br />contribution) <br />As an alternative process in the Stubbs Bay area a revised <br />process is suggested to limit the City's risk in two ways; <br />a. Avoid the possibly non-recoverable expense of <br />undertaking the plans, specifications and bidding <br />process (which is approximately $20,000-$30,000) by <br />getting a committment to the project by a substantial <br />majority of the people in the area, prior to ordering <br />plans and specs. <br />b. Limit the risk of substantial appeal waivers by; <br />1. Minimizing the actual assessment to an amount <br />similar to the amount determined by the Court for the <br />Crystal Bay project, with the balance being a <br />connection charge. <br />2. Not ordering the project until cne risk of appeals <br />has been quantified. <br />A proposed process to do this are a follows; <br />1. Project Petition - Send out a letter which contains <br />the petition and a special waiver. <br />2. Plans and Specifications - Await receipt of upwards of <br />70% appeal waivers. TF a lesser amount is received <br />and it appears that few, if any additional ones are <br />coming in that it be reconsidered by Council to <br />analyze the risk and determine if they want to go <br />ahead with the plans and specification expenditure. <br />If the project does not go ahead the City funds that <br />expense. <br />3. Code Enforcement - As an optional step council could <br />consider further restrictive development controls in <br />the area as to expansion of homes related to both <br />zoning and septic together with giving a deadline for <br />all those with failing or severely nonconforming <br />systems to go on holding tanks.