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Council Meeting Minutes March 8, 1988 I If there are other drainage problems on the roadway itself and if there would be less cost associated with solving the current prob- lem as a part of an overall county road upgrading and if it would happen in the not too distant future, Williams stated that might be an alternative. Benke stated the entire drainage on County Road E is in the unde- fined future and asked if there is any way of sizing or designing the system so that if we put pipes in now the money will not be wasted when they have to be replaced. Proper advised that the proposed pipe would not be affected by future systems on County Road E. In response necessary to to transport municipality to Williams's question, Proper indicated it would be get a construction easement to instal~ a larger pipe the water through another property and into another but sees no other solution. In response to Benke's question concerning alternate remedies, Proper saw no other options (either intermediate or permanent). I Glen Pederson, 20 Windsor Lane #301: (1) notice is defective; (2) many property owners were not advised of the proposed assessments; (3) he received three such notices of assessment (each for $343.48); (4) concept of allocating the project costs to benefit- ting properties and defining those properties to include the dam- aged property as well as the property causing the problem is arbi- traryand unfair (Birch Pond had provided and paid for all the drainage needed for its property); (5) this proceeding is also flawed because it has not provided an opportunity to consider al- ternate solutions as the owners were led to believe on November 10, 1987; (6) the $104,000 solution is not a solution at all because the construction of four more drains on the north side of County Road E would fail to capture the runoffs; (7) if there is any reason to increase the capacity of the drainage on County Road E, no part is caused by Birch Pond property; (8) would like staff to work with the Birch Pond Association and asked council to re- ject the project; and (9) presented councilmembers with a petition signed by 64 residents of Birch Pond Association opposing the pro- ject. Benke (1) apologized for defective notice; (2) it's not always easy to know who is responsible for a particular parcel; (3) the reason Birch Pond is included is because it was developed in the natural drainage way and, therefore, would incur some liability for resolving the problem. I Kennedy stated the interference with surface drainage does give rise to all sorts of possible liabilities; on the other hand, man- agement of surface water is an essential part of municipal govern- ment. Page 6