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<br />Arden Hills Council 6 August 31, 1992 . <br />storm sewer improvements are dif fi cuI t to handle in court, <br />Regarding the release of performance bond, Fi 11 a 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 satisfactor:ily accomplished. <br />Graham stated that un t il this evening he was not aware that <br />there had been any changes in street grade. <br />Rocheleau Oblection - 4503 Keithson: Rainer Rocheleau, 4503 <br />Keithson Drive, commented that he does not believe this <br />project will benefit his property. Attorney Fi 11 a 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 />Crimmins Obiect(on - 4509 Keithson: Jean Crimmins <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 '.;ould 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 t.o {iis know1 PiJ9t~ f trl2 City has not given <br />such information to residents, He added that even in <br />situatjons 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 />re~.ponsibl e for approving the inadequate drainage and <br />releasing bonds. She added that she does not consider the <br />Keithson Pond project an "improvement" project, <br />Attorney Filla reiterated that drainage/grading plans were . <br />not on the original list of accomplishments t'equi red prior <br />to the release of performance bond. He further stated that <br />all required improvement were completed to the City <br />