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<br /> ---- <br /> , <br />Minutes of the Arden Hills Regular Council Meeting, 8-27-90 <br />Page 4 <br />PUB. HRmG. (Cont'd) The Attorney explained this is a public problem, and the . <br /> properties contriJ:::uting to storm water runoff are asked <br />to participate in the cost of the :iJrgJrovement. Filla point out that a=rding to <br />the Engineer'S review of Duddleston's property, part of the land drains into the <br />affected area. <br />Duddleston advised he will forward a request to the city to assist with the <br />drainage problem which occurs on his property. <br />John Rogers, 1574 Oak Avenue, stated he prefers the reduced assessment rate for <br />his parcel of land. <br />Doug Vanderheiden, 1655 Oak Avenue, read a statement of objection to the proposed <br />assessment and stated his opposition to paying to fix a problem caused by a <br />property owner wilding on low land. <br />Attorney Filla stated that all persons stating objections to the proposed <br />assessment must also file a written objection if they wish to retain the right to <br />appeal the assessment to District Court. <br />Don and Ginny Erickson, 1611 Oak Avenue, expressed objection to the proposed <br />assessment and would appreciate Council consideration of the reduced assessment <br />rate outlined by Engineer Graham. He recalled former Mayor Ashbach stating when <br />the home was constructed where the driveway erosion =s, the property owner <br />assumed all responsibility for water runoff. Erickson questioned the original <br />cost of the assessment at $12,000.00 to be split equally. . <br />Mayor Sather advised the total cost of the :iJrgJrovement was approxLrately <br />$24,000.00 and the assessed portion would be $12,000.00. <br />Brian Hecht, 1620 Oak Avenue, commented that the contractor did not complete the <br />project properly; suggested the city defer final payment on the project until <br />such t:iJne as the project is properly completed. <br />Clerk Administrator Berger stated he and the Attorney have discussed the <br />settlement problem on the project with the former engineering consultant, Barry <br />Peters, and were advised the rratter will be resolved. <br />Mayor Sather asked if there were any further comments from the flax. There was <br />no response and the public hearing was closed at 8:05 p.m. <br />Councillnember Hansen questioned if Engineer Graham could offer insight into the <br />water a=lation problem at 1587 Oak Avenue, as displayed by Mr. Duddleston. <br />Graham advised he did not review that property in terms of water a=lation and <br />offered to do so at Council request. <br />Councillnember Hansen questioned if the property title at 1680 Oak Avenue could <br />establish responsibility for the current property owner to restore the driveway. <br />Attorney Filla stated he does not believe the property owners are responsible to . <br />take care of this erosion problem; the Albjerg's property does not front on Oak <br />Avenue and easement rights were granted for access. He indicated the alternative <br />to eliminate drainage problems is to require each property owner to construct <br />ponding on their property to contain the storm water; this method would be costly <br />or approximately the same cost as an assessment of this nature. <br />