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I I I Council Meeting Minutes October 3, 1989 Page 5 Public Hearing, continued Virgil Blackwell, 1551 County Road H, said the continual shutting off and on of the waterma in on County Road H has caused rust sediment in his water heater and damaged it. Benke verified that Mr. Blackwell will be assessed for his property, but does have the right to file a claim against the City for the replacement of the water heater. Proper will work with Mr. Blackwell with regard to the claim. Walter Martin, 2439--17th Avenue NW, feels his storm sewer assessment is unfair because the grading near the fence on the rear of his property prevents drainage off his property. Benke said the drainage area is calculated by topography and on-site surveys. If Mr. Martin feels it was surveyed incorrectly, the area can be resurveyed at the owner's expense. Proper said a surveyor considers natural breaks in the ground as a way to aid in drainage, but noted a fence is considered an artificial barrier. Benke confirmed that Mr. Martin would not be doubly assessed when the Cedar Drive project is completed. In regards to Mr. Martin's question, the City uses available State aid to fund projects and then special assesses the remaining amount to property owners. Earlier public hearings confirmed that the majority of Long Lake Road residents were in favor of banning parking and constructing two bike lanes along Long Lake Road. 'Gerri Lawrence, 2542--14th Avenue NW, asked why her property is being assessed for storm sewer when it does not border the storm sewer area. Benke said a property owner is responsible to insure that the drainage from her property does not create damage to neighboring properties downhill. The assessment provides for a safe and efficienU way to drain water into the sewer and away from the properties downhill. Vern Basore, 2530--14th Avenue NW, confirmed that the storm sewer assessment rate is $4,212.32 per acre. Harriet Schultz, 2034 Rice Creek Road, asked why her neighbors across Ri ce Creek Road have not been aS3essed for storm sewer. Proper said a future storm sewer will be installed along Rice Creek Road and, at that time, her neighbors will likely be assessed for that system. Proper said Mrs. Schultz' property assessment was determined by the drainage from her backyard onto Long Lake Road. The Engi neeri ng staff wi 11 i nvesti gate Mrs. Schul tz' property and adjust the assessment if an error is found. Public Hearing Long Lake Road Project 85-1 Report 89-238 Resolution 89-123