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ARDEN HILLS CITY COUNCIL—MARCH 12, 2018 15 Mayor Grant indicated he has searched for reasons to deny the request as well. He commented there were no reasons. He explained he did not like the proposed development. He stated he was hopeful the fear of what may occur was less than what would actually occur. He explained if the Council were to deny the Planning Case very specific reasons would have to be cited. Councilmember Scott read a portion of City Ordinance Section 1150-04 regarding Division or Consolidation of Platted Lots of Record from Subdivision 3 — Public Welfare. He reported this portion of Ordinance reads: it shall be determined the proposed subdivision shall not be detrimental or injurious to neighboring properties in which the subdivision is located. He believed that based on the testimony provided by the neighbors the proposed subdivision would be injurious to the neighbors. For this reason, he would be siding with Councilmember McClung and would not be offering his support to the proposed plat. Councilmember Holden requested comment from the City Attorney regarding this portion of City Code. City Attorney Jamnik stated this was a valid concern or standard. He noted courts do require the City to identify external impacts that may be detrimental to try and mitigate those potentially detrimental impacts. He explained the City was allowed to attach conditions to the requested plat and was part of the review process. He advised the conditions for approval were incorporated in the report. He indicated if the Council were to deny based on this portion of City Code, the Council would have to enunciate what the impacts were, how they were injurious, and how this development was unique or different when compared to other developments in the City. The motion carried 3-2 (McClung and Scott opposed). Mayor Grant asked if the Council had any further questions of staff regarding the vacation of the sewer easement. The Council had no further questions. MOTION: Councilmember Holmes moved and Councilmember McClung seconded a motion to approve Resolution 2018-019 for the Vacation of a Sewer Easement for Arden Hills Lift Station #12 at 3685 New Brighton Road based on the findings of fact and submitted plans in the March 12, 2018 Report to the City Council. Councilmember McClung stated he would not be offering his support to this motion based on Minnesota State Statute 412.851. He commented it did not appear to be in the City's best interest to vacate this easement as the City's long-term costs would be increased in order to maintain the Lift Station. Mayor Grant asked if the applicant could still proceed with the lot split even if the vacation of the easement were denied. City Planner Bachler reported this was correct. Councilmember McClung stated it was not in the public's best interest to vacate this easement and therefore, he would not be supporting the request.