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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 />in any way, shape or manner because, as I have pointed out before, <br />there is no one in the industrial park in the retail business. We <br />are all in the wholesale business or the manufacturing business. <br />We do not have traffic, per se. Therefore, as I said in my letter <br />to you, there is no way that any part of the property in the <br />industrial park is benefitting materially or otherwise from the <br />addition of additional storm water sewer capacity or the roadway. <br />And I might say that the year before last, I tore up my own <br />boulevard, spent $1800 in having new grass and sod put in, and <br />this time the construction crew came along and tore it all up <br />with the roadway and put their own in. That's the kind of thing <br />that kind of irks you - because we have paid for utility of sewers <br />before and roadways before and all the rest of it before. I'm <br />sure that all these people here that are objecting are feeling <br />exactly the same way. A double burden is being thrown on them <br />that shouldn't be thrown on them. This project, as far as I can <br />see - and I'd be glad to be shown different - inures totally to <br />the benefit of the Village - no one else. It does nothing for <br />the industrial park. Thank you. <br /> <br />CAROL BASIL, Representing East Side Beverage Company, 1260 <br />Grey Fox Road, Arden Hills: We have submitted our written objec- <br />tions to the assessment proposed and I would like to go on <br />record as verbally opposed. Our feeling is very much in line <br />with what has been said by our neighbors in the industrial park. <br />Thank you. <br /> <br />MAYOR WOODBURN: Is there anyone else? Any other points.? <br />Mr. Popovich, is there anything you would like to add? <br /> <br />MR. POPOVICH: Mayor and members of the Council, I don't <br />want to get into a debate with my colleague over there - Jim, who <br />is representing so many of the objectors - as a lawyer he ob- <br />viously has to indicate in writing how he feels. I might just <br />say this, and obviously members of the Council have heard me say <br />it before - all of our assessments are predicated on the benefits <br />to the property. We've given credits where there have been <br />previous assessments and obviously the City has taken up its <br />proportionate share of those that we consider to have general <br />benefit to the City as well. In this case there is a sizeable <br />portion of the cost that is. The total cost did come down con- <br />siderably less than originally estimated at the time of the <br />feasibility hearing. <br /> <br />As to the finding that the procedure was incorrect - I've <br />been handling these for so many years with the City - we haven't <br />goofed yet on the procedure as far as published notice. I'd <br />like to know what the detail is if they have a procedural com- <br />plaint. We're not taking property without due process of law. <br />That's not the legal test. The legal test is whether or not the <br />property has been benefitted. The allegation as to arbitrariness <br />and capriciousness is not one of the items in the appeal section <br />of the Local Improvement Code. It's a general benefit rather <br />than a specific benefit - based on the engineer's recommendations <br />and others, there is some specific benefit. <br /> <br />8 <br />
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