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82-046
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82-046
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5/8/2007 1:07:27 PM
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<br />. <br /> <br />. <br /> <br />For those reasons we ask that the City hot adopt the assess- <br />ment rolls. In particular, it has not benefitted the properties <br />south of the freeway (inaudible) north of the freeway. We think <br />it inappropriate that the assessment be adopted because what will <br />happen is - we feel we are on very strong legal grounds, we will <br />file the appeal, and if we are correct, the City will end up paying <br />their attorney's fees and our attorney's fees. Because of new <br />developments under the law, it's not simply a matter of losing <br />the assessments - you end up having to pay much more these days <br />under United States Code Section 1983. We think that that is not <br />a step that the City ought to take if, in fact, we are right. <br />We are willing to talk to City staff and do want to talk to City <br />staff, but at this point it appears to be a very strong case. <br />So we ask that you not adopt the proposals, that you consider <br />spreading these costs across the City generally. Thank you. <br /> <br />MAYOR WOODBURN: I have a question but maybe I'll save it <br />for later. Mr. Popovich, do you want to make any comments now or <br />do you want to explain anything later? <br /> <br />MR. POPOVICH: Whatever the Mayor and Council prefer. It <br />would seem to me, though, that we ought to get all of the oral <br />objections. <br /> <br />MAYOR WOODBURN: The gist of the written information has <br />been expressed. <br /> <br />MR. GEORGE REILING, 661 Heinel Drive, Roseville, Minnesota: <br />I object to the assessments because we see no benefits derived <br />from our properties. We never were in trouble - the state was. <br />What's really happened, and I think the Village knows about it - <br />I'm sure Mr. Don Roberts knows - that when the highway was first <br />constructed, Mr. Daubney was able to get the state to put a <br />larger main down Grey Fox Road. Mr. Daubney is an attorney and <br />he wouldn't know what size that main should be. It later <br />developed that the main wasn't large enough. That's one reason <br />I think the state should pay for this project. The other is <br />that again, we're not in any trouble. Yes, 694 underpasses did <br />flood - but it didn't hurt our properties. So if it doesn't <br />flood anymore, we have no advantages (inaudible). Plus, again, <br />when Grey Fox Road was built, we paid for storm sewer. We <br />shouldn't be asked to pay again. I think also that the County <br />should pay - and I don't know what share they're paying, but <br />whatever it is I'm sure it's not enough - the County is taking <br />the drainage area away from Lexington Avenue and replacing it <br />with pipe - that's fine, I'm glad the County is building the <br />street - but we shouldn't have to pay for that street that the <br />County is building. We had a street there. If they had to pay <br />for it I don't think anybody would want the new street. That <br />street is also used by many other people than we ourselves - <br />people north of us and south of us and in Arden Hills and in <br />Shoreview. I strongly object to any assessments. In our par- <br />ticular case we feel there are no benefits to properties that <br />we represent. Thank you. <br /> <br />6 <br />
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