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rJ I I- I I I I I I I. I I I I . . I .e . ARDEN HILL~ CITY COUNCIL - JULY 25, 1994 11 Mayor Probst noted that the proposed resolution must be included with the grant application. He asked if anyone would like to speak in opposition or offer any further comment. .There was no further comment, and Mayor Probst closed the public hearing. MOTION: by Malone, seconded by Aplikowski, to adopt Resolution No. 94-40 certifying that the City of Arden Hills may enter into an agreement with the State of Minnesota for the above-referenced project, and to execute the DPI'P4l"'"}' agreements to apply for the grant. The motion carried (4-0). CASE NO. 94-18. MCCLUNG FOURTH ADDmON - FINAL PLAT Fritsinger stated that Mr. McClung has submitted a final plat for a nine-lot single family subdivision, McClung Fourth Addition. The plat is in compliance with the subdivision ordinance. The Planning Commission approved the final plat, subject to City review of all documents. Staff is working on preparation of the Developer Agreement. Building specifications have been completed and reviewed by the City Engineer who has indicated that everything is in order. The City Attorney has reviewed the abstract title which is also in order. The contract with the developer would require two lots set aside as security for completion of the project. Upon a letter from the City Engineer indicating satisfactory completion, the two lots would be released back to the applicant for development. One other item is that the developer will be maintaining the street during the winter. A certificate of occupancy will not be issued until a letter is received from the City Engineer indicating that the road improvements are satisfactory. Malone noted that the lots are oddly and irregularly shaped with substantial drainage easements. It is to be noted that the irregularities and required drainage easements are not to be considered on their own as evidence of hardship for future variances. He also requested that the developer pay particular attention to the utility trenches to avoid any settlement. Hicks asked which two lots will be held by the City as security. Fritsinger answered, Lot Nos. I and 2. He concurred with Councilmember Malone's statement that the drainage easement and wetland delineation not be sufficient evidence of hardship in the future for consideration of variances. MOTION: Malone moved, seconded by Hicks to approve the final plat for the McClung Fourth Addition, subject to fifla1i:nltion of the development contract, noting the somewhat odd-shaped lots and drainage easements that are not to be considered in and of themselves evidence of hardship for future variances. The motion carried unanimously (4-0).