CCP 09-14-1992 - Laserfiche WebLink

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~ . Arden Hills Council 7 August 31, 1992 Engineer's satisfaction and he recommended releasing the bond, which the City did. Jean Crimmins summarized her objection that the City and Rice Creek Watershed District was negligent by releasing the bond and approving an unacceptable drainage plan, they were further negligent by not addressing the issue in a timely fashion, and further negligent by allowing the Crimmins property to erode. she added that some of the townhome property drains through the Nelson and Horwath parcels and therefore should be assessed. Horwath Obiection - 4510 Keithson: Filla referred to the Horwath's objection outlined in the July 27 Summary and Response document, wherein the Horwaths contend they paid a share of development cost with the purchase of their property and their property does not abut the pond improvement and therefore will not benefit. Filla explained that water run-off from the Horwath property eventually runs to Keithson Pond, so there is a benefit. He . added that from the very beginning, it was understood by the City that the existing pond was not designed or intended to be a complete drainage system; the design clearly showed there would be a need for a downstream drainage system sometime in the future. Nancy Horwath asked how many times residents would have to pay; what would happen if Keithson Pond, after improved is still inadequate. or if the Reiling property is developed. Graham explained that if the Reiling property were developed, the developer would be required to adequately address drainage. Filla added that per the City assessment policy, .a property can only be assessed once for any given assessment, but special assessments can be levied up to the amount of benef it. He said if it can be proven that a property has received benefit, the City has the right to assess. Lawrence Obiection - 4516 Keithson: Kurt Lawrence contended that the proposed assessments are illegal because the properties involved are not receiving benefit and certain properties (such as the townhomes and the Reiling property) are not proposed to be assessed. Filla stated that in order to assess, the City must prove equitable assessment to similarly situated properties; in his opinion . that has been done. Kurt Lawrence commented that the Keithson Pond project is not an "improvement" project but rather something being done , ,oi , to protect the ~ity from liability, so other funding sources u It ~hould be sought. Filla replied that this project is not 0\1,- jJ. " li; fi I. ----