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Minutes of the Arden Hills Regular council Meeting, 8-27-90 Page 4 . PllB. BRING. (Cont'd) The Attorney explained this is a public problem, and the properties =ntriJ:::uting to storm water runciff are asked to participate in the cost of the i1nprovement. Filla point out that a=rding to the Engineer's review of Duddleston's property, part of the land drains into the affected area. Duddleston advised he will forward a request to the city to assist with the drainage problem which occurs on his property. John Rogers, 1574 Oak Avenue, stated he prefers the reduced assessment rate for his parcel of land. Doug Vanderheiden, 1655 Oak Avenue, read a statement of objection to the prop:>sed assessment and stated his opposition to paying to fix a problem caused by a property owner building on low land. Attorney Filla stated that all persons stating objections to the proposed assessment must also file a written objection if they wish to retain the right to appeal the assessment to District Court. Don and Ginny Erickson, 1611 Oak Avenue, expressed objection to the proposed assessment and would appreciate Council =nsideration of the reduced assessment rate outlined by Engineer Graham. He recalled fonner Mayor Ashbach stating when the home was =nstructed where the driveway erosion occurs, the property owner assumed. all responsibility for water runoff. Erickson questioned the original cost of the assessment at $12,000.00 to be split equally. . Mayor Sather advised the total cost of the i1nprovement was approxl:;nately $24,000.00 and the assessed portion would be $12,000.00. Brian Hecht, 1620 Oak Avenue, commented that the =ntractor did not complete the project properly; suggested the City defer final payment on the project until such t:i1ne as the project is properly completed. Clerk Administrator Berger stated he and the Attorney have discussed the settlement problem on the project with the fonner e!Bineering =nsultant, Barry Peters, and were advised the matter will be resolved. Mayor Sather asked if there were any further comments from the floor. There was no response and the public hearing was closed at 8:05 p.m. Councilmernber Hansen questioned if Engineer Graham =uld offer insight into the water a=nnulation problem at 1587 Oak Avenue, as displayed by Mr. Duddleston. . Graham advised he did not review that property in tenns of water accumulation and offered to do so at Council request. ColUlcilmernber Hansen questioned if the property title at 1680 Oak Avenue could establish responsibility for the curr€nt property owner to restore the driveway. Attorney Filla stated he does not believe the property owners are responsible to take care of this erosion problem; the Albjerg's property does not front on Oak Avenue and easement rights were granted for access. He irrlicated the alternative to eliminate drainage problems is to require each property owner to =nstruct ponding on their property to =ntain the storm water; this methcd would be costly or approxilnately the same cost as an assessment of this nature.