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0 Minutes of the Arden Hills Regular Council Meeting, 1-13-92 Page 5 ICI (Cont'd) There was discussion relative to the developer/City financial responsibility for ccu pleting this project. Attorney Filla suggested that prior to the City awarding a contract for the project, Council may authorize additional contact with the developer to advise him of specifics of the proposal for cwnpleting the work, which the City judges to be his responsibility, and give the developer a chance to Mete the work as outlined in the project or reimburse the City for the costs. Attorney Filla noted the City has the option to cmmence litigation against the developer for violating responsibilities pursuant to the development contract. Hicks questioned if the project includes obtaining the easements on the Reiling property. Attorney Filla reviewed the development agreement which indicates that if the City has to acquire downstream facilities for the outlet, the developer should participate in that cost; noted the City may have included this section relating to the easement acquisition with the thought that the developer may pay for the easement and the City would use its authority to acquire the right-of-way, if the developer could not negotiate with the property owner. Malone moved, seconded by Hicks, to adopt Resolution No. 92-05, ORDERING A FEASIBILITY REPORT IN THE MATTER OF THE KnTHSON AREA POND AND SMRM SEWER IMPROVEMENTS. Motion carried unanimously. (5-0) • Councilber Malone noted the property to the south of the pond, which has a substantial easement area in the rear portion of the lot; suggested a determination should be made relative to what should be done with the easement and financial responsibility of the property owner. Malone moved, seconded by Hicks, to authorize the advertisement for bids for the Keithson Area Pond and Storm Sewer Improvements, and schedule the bid opening on Thursday, February 6, 1992, at a time to be designated by Engineer Graham. Motion carried unanimously. (5-0) Malone moved, seconded by Growe, to direct the City Engineer to stake the Keithson area project site, prior to January 21, 1992. Motion carried unanimously. (5-0) REQUEST; CONTINUE Mahowald moved, seconded by Gr'owe, to table action on the PREMISE PERMIT Premise Permit for St. Mary's Romanian Orthodox Church, APPLICATION, ST. as requested by the applicant, to the January 27 Regular MARY'S CHURCH Council meeting. Motion carried unanimously. (5-0) Councilnvmter Malone stated it is his understanding there may be some discrepancy in the information received from St. Mary's Church, relative to the donations within the trade area. Clerk Administrator Berger explained there is some confusion as to whether or not the City is receiving 50 percent of the donations within the "trade area" or 50 percent of the net profit. He advised he has been in contact with representatives • from St. Mary's in an attempt to clarify the information provided; further information will be provided at the January 27 meeting.