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. Arden Hjlls CouDc~il 7 l\ugust :'11: ]992 Engineer's sat.isfact.ion and, he recommended releasing the bond, which the City did Jean Cd.mmins summarized her objection that the City and Rice Creek Watershed District was negligerrt 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 townhom8 property drains through the Nelson and Horwath parcels and therefore should be aS3essed. Horwath ob~ection - 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 developITlent cost with the purchase of their property and their property does not abut the pond improvement and therefore will not benefit, . Fi'l~ explained ~hat water rlln-off from the Horwath property eventu.ally runs to Keithson Pond, so there is a benefit.. He Gdd",,] that from the very begi nning. it was unders toed by the City that the existing pond was not designed or intended to be a complete drainage system; the design clearly showed t~ere would be a need for" a downstream drainage system sometiDe in the future. Nancy Horwath asked how many times residents would have to pay; 'elha t would happen if Kei thson Pond, af t er improved is still inadequate, or if the Reiling property is developed. Graham explained that if the Reiling property were developed; the developer would be requjreJ to adequately address drainage, Filla added that per the City assessment policy, a property can only be assessed once for any given assessm~nt, but special assessments can be levied up to the amOllnt of benefit. He saj,d if it can be proven thBt a property has received benefit, the City has the right to ac;.:;ess. . Lat'V;,ence at l f~ct i. OJ),. ... 4516 Rei thson: K.urt LawreD.ce 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. Kart. LcCi..':c::ence cormfiented that tbe Keithson Pond project is ;-lOt an "improvement" project but rather something being done to protect the City frem liability, so other funding sources should be sought. Filla replied that this project is not