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<br /> Arden Hills Council 6 August 31. 1992 . <br /> storm sewer improvements are difficult to handle in court. <br /> Regarding the release of performance bond, Filla explained <br /> that typically the City has a list of items which must be <br /> accomplished to the satisfaction of the City Engineer before <br /> a performance bond can be released, In the case of Keithson <br /> Pond, that list did not , specifically include drainage and <br /> grading. At the completion of the development, the engineer <br /> recommended releasing the performance bond on the basis that <br /> the items on the list were satisfactorily accomplished. <br /> Graham stated that un ti 1 this evening he was not aware that <br /> there had been any changes in street grade. <br /> Rocheleau Obiection - 4503 Keithson: Rainer Rocheleau, 4503 <br /> Keithson Drive, commented that he does not believe this <br /> project wi 11 benefit his property, Attorney Filla replied <br /> that the City Council has determined that the Rocheleau <br /> property should be assessed at 100% of the maximum <br /> supportable lot assessment of $1,500. <br /> Crim~ins Obiection - 4509 Keithson: Jean Crimrnins <br /> commented that when the inlet was installed, her property <br /> was altered and damaged by negligent lack of action by the . <br /> city. She added that the City also is negligent in allowing <br /> so much time to pass before responding to residents' <br /> concerns. Attorney Filla replied that the City has been <br /> working toward resolution for some time; . with regard to <br /> pursuing the developer, Council has taken the position that <br /> to do so would likely only add legal costs to the project <br /> with little chance of recovering any of the costs. <br /> Attorney Filla noted that Crimmins' had previously <br /> registered an objection on the basis that they understood <br /> there was money allocated to pay for this improvement. He <br /> stated that there has not been money allocated for this <br /> improvement and to Lis }::nowl pdq!';': the City has not gIven <br /> such information to residents. He added that even In <br /> situations where money has been allocated for an improvement <br /> project, the City is allowed to assess as long as there is <br /> supportable benefit to residents. <br /> Jean crimmins commented that Rice Creek Watershed District <br /> and the former City engineering consultant should be held <br /> responsible for apprQving the inadequate drainage and <br /> releasing bonds. She added that she does not consider the <br /> Keithson Fond project an "improvement" project. <br /> Attorney Filla reiterated that drainage/grading plans were . <br /> not on the original list of accomplishments required prior <br /> to the release of performance bond. He further stated that <br /> all required improvement were completed to the City <br /> --.--.. --- <br />