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CCP 08-27-1990
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CCP 08-27-1990
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5/8/2007 1:08:30 PM
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<br /> - , <br /> . <br /> . . TO: THE ARDEN HILLS CITY COUNCIL <br /> . FROM: WALTER W. BENJAMIN <br /> 1605 Oak Avenue <br /> RE: PROPOSED ASSESSMENT FOR A STORM SEWER FOR A PRIVATE <br /> ROAD, AT OR NEAR 1680 OAK AVENUE <br /> DATE: MAY 29, 1989 <br /> I WOULD LIKE TO GO ON RECORD AGAINST THE PROPOSED ASSESSMENT <br /> FOR THE FOLLOWING REASONS: <br /> 1. IT FAILS ON THE BASIS OF EQUITY OR FAIRNESS. AN <br /> ASSESSMENT TO BE FAIR SHOULD BENEFIT ALL PARTIES SO <br /> ASSESSED. THIS WILL NOT IMPROVE OR ENHANCE THE PROPERTY OF <br /> THOSE ALONG OAIC AVENUE; RATHER, IT TAKES CARE OF THE EROSION <br /> OF A PRIVATE ROAD. MAKE NO MISTAKE, THE ROAD FOR YEARS HAS <br /> BEEN DISTINCTLY 'PRIVATE' SO LABLED BY 'NO TRESPASSING' <br /> SIGNS AND BARKING DOGS. <br /> 2. ANGLO SAXON RIPARIAN LAW, TO MY KNOWLEDGE, DOES NOT <br /> HOLD PROPERTY mfflERS LIABLE FOR WATER FOLLOWING ITS NATURAL <br /> COURSE. OAK AVENUE PROPERTY mfflERS HAVE NOT CHANGED THE <br /> COURSE OF THE FLOW OF WATER AND THUS CANNOT BE ASSESSED FOR <br /> ANY EROSION DAMANGE. <br /> 3. THE ESTIMATE~F FROM $l3,000 to $15,000 VIOLATES <br /> THE PRINCIPLE OF PROPOTIONALITY; THAT IS, IT IS FAR TOO <br /> . EXPENSIVE FOR THE BENEFIT OF ONE PROPERTY OWNER. MOREOVER, <br /> THERE ARE LESS EXPENSIVE WAYS TO TREAT THE PROBLEM. KEEPING <br /> THE WATER ABOVE GROUND IS PREFERABLE TO UNDERGROUND <br /> MANAGEMENT. SEVERAL LOADS OF BOULDERS OF VARIOUS SIZES, <br /> BROKEN CEMENT PIECES, ETC., WOULD "RIP-RAP" AND STAB\LIZE <br /> THE SIDE OF THE ROAD. ONE SEES EVIDENCE OF THIS INEXPENSIVE <br /> ENGINEERING TECHNIQUE EVERYWHERE. <br /> HOWEVER, IF THE CITY COUNCIL STILL INSISTS ON THE <br /> EXPENSE OF A STORM SEWER, FAlmlESS WOULD BE SERVED BY PAYING <br /> FOR IT OUT OF GENERAL REVENUES. <br /> RESPECTFULLY SUBMITTED <br /> /(/dliZM ~ , / r*tj <br /> \'iALTER W. BEN AMIN <br /> . <br />
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