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<br />, <br /> <br />. <br /> <br />City of Arden Hills <br />Keithson Drainage Improvement <br />Objections to Proposed Assessment <br />Summary and Response <br />July 27, 1992 <br /> <br />Toni Tredal and Mark Maqers (4521 Keithson) <br /> <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 /> <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 /> <br />2. The City has been negligent. <br /> <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 /> <br />. <br /> <br />3. <br /> <br />A share of the development cost was paid in conjunction <br />with the purchase of the property. <br /> <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 /> <br />4. <br /> <br />This project is not an improvement. <br /> <br />[Oral] <br /> <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 /> <br />5. The City released the developer's bond, and did not act <br />in a timely manner regarding this problem. [Oral] <br /> <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 />Page: 6 <br />