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