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<br />. <br /> <br />Arde':"l Hi lID Coun:~~j 1 <br /> <br />6 <br /> <br />,;ugust. 31, 1992 <br /> <br />storm sewer improvements a~e difficult to handle in court. <br /> <br />Pegarding 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 /> <br />Graham stated that until this evening he was not aware that <br />there had been any changes in street grade. <br /> <br />Rcc.heleau Obiection ._~.4503 Keithson: Rainer Rocheleau. 4503 <br />Keithson Drive, commented that he does not believe this <br />project will benefit his property. Attorney Filla replied <br />that the City Cauncil has determined that the Rocheleau <br />property should be assessed at 100% of the maximum <br />supportable lot assessment of $lJ500. <br /> <br />. <br /> <br />Crimmins Obj~_Q_tJQJL_ - 4509 Kei thson: Jean Cr:rnmins <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 />50 much tilne to pass before respondiIlg t.o residents' <br />concerns. Attorney Filla replied that the City has been <br />working toward resolution for some time;. with regard to <br />pursuing tho 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 cf the costs. <br /> <br />Attorney Filla Doted that. Crimmins' had previously <br />registered all 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 />i.ffiprovement and to ~is knowledge, the City has not given <br />such information to residents. He added that even in <br />situatj.ons where money has b~en allocated for an improvement <br />project. the City is allowed to assess as long as there is <br />sllpportable benefit to residents. <br /> <br />. <br /> <br />Jean Crimmins commented that Rice Creek Watershed District <br />and the former City engineering consultant should be held <br />=esponsible for approving the inadequate drainage and <br />releasing bonds. She added that she does not consider the <br />Keithson Pond projec:. an "improvement" ~roject. <br /> <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 />