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<br /> ~ <br /> City of Arden Hills <br /> Keithson Drainage Improvement <br /> Objections to Proposed Assessment <br /> . Summary and Response <br /> July 27, 1992 <br /> Toni Tredal and Mark Maqers (4521 Keithson) <br /> 1. The City did not live up to its obligations, and other <br /> alternatives for funding should be explored - i.e. , <br /> from the developer. <br /> Findinq: A special assessment is levied onto a <br /> property based upon the benefit the associated <br /> improvement provides, and allegations of fault do <br /> not affect the determination of this benefit. <br /> This project is an improvement beyond the <br /> developer's plans and consequently funds for it <br /> were never available from any other source. <br /> 2. The City has been negligent. <br /> Findinq: A special assessment is levied onto a <br /> property based upon the benefit the associated <br /> improvement provides, and allegations of <br /> negligence do not affect the determination of this <br /> benefit. <br /> . 3 . A share of the development cost was paid in conjunction <br /> with the purchase of the property. <br /> Findinq: A special assessment is levied onto a <br /> property based upon the benefit the associated <br /> improvement provides, and allegations regarding other <br /> payments made to a developer or some other party do not <br /> affect the determination of this benefit. <br /> 4 . This project is not an improvement. [Oral] <br /> Findinq: The drainage in the project area is presently <br /> defective. This project will address current problems, <br /> and consequently is an improvement. <br /> 5. The City released the developer's bond, and did not act <br /> in a timely manner regarding this problem. [Oral] <br /> Findinq: The developer's bond was released, and it is <br /> not clear that it could have been withheld for <br /> questions regarding drainage. Neither this nor <br /> allegations regarding timeliness affect the <br /> determination of benefit regarding this improvement. <br /> . <br /> ~: <br /> :':,; <br /> {' <br /> ~ <br /> Page: 6 <br />