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• <br /> Arden Hills Council 5 September 28 , 1992 <br /> unbuildable and has been deemed so for years , that the City <br /> has confirmed that fact . He added that during development <br /> of the area some problems were encountered and contour <br /> changes were made so that water would flow to the northwest <br /> corner of the property . <br /> Thornton stated that there is not a constant water problem, <br /> but that the problem only exists as a result of torrential <br /> rains or snow melt . He commented that when an improvement <br /> project was first considered, the estimated cost of such as <br /> project was around $11 , 000 and now that cost is around <br /> $32 , 000 . Graham explained that the $32 , 000 figure reflects <br /> the chosen route for the storm sewer , which is somewhat more <br /> expensive than options considered earlier . <br /> Thornton submitted written objections to the assessments <br /> from the parties he represented and drew attention to court <br /> cases highlighted within the presentation booklet which <br /> illustrated principles supporting the objections . He <br /> explained that the standard required for a "special benefit" <br /> assessment is that the value of the property is increased; <br /> • he stated that the residents he represents and local real <br /> estate agent Evie Dunn all agree that the proposed <br /> improvement will not increase the values of the properties <br /> proposed to be assessed. He added that the opinion of the <br /> City' s appraisal , as outlined in their September 24 , 1992 <br /> letter , agrees that the "cost does not necessarily relate <br /> directly to benefit" . <br /> Councilmember Malone commented that it may be relevant to <br /> know all the facts surrounding the court cases cited rather <br /> than to take the information out of context ; that knowing <br /> all the facts of the cases may be helpful in making a <br /> decision on this issue. <br /> Thornton stated that a homeowner has the right to have his <br /> property drain, that drainage does not constitute "benefit" . <br /> He added that water flow from his property has not changed <br /> in 25-30 years . He commented that the City has some <br /> responsibility and the problem was brought to the City ' s <br /> attention many times . He added that the development of the <br /> area was done by a private contractor , so that contractor <br /> should also be responsible . <br /> Councilmember Malone pointed out that Thornton has stated <br /> that the City is responsible and that the developer is <br /> responsible; he asked for clarification . Thornton stated <br /> that his presentation is a compilation of the positions of <br /> all the residents he represents , and although they all agree <br /> that their properties will not receive benefit and <br /> assessments are not proper , they have differing thoughts as <br /> to who is responsible to correct the problem. Thornton <br />