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Minutes of the Arden Hills Regular Council Meeting, 1-13-92 Page 5 . '!here was r1;<:r'IlSSion relative to the developer/City financial responsibility for completing this project. Attorney Filla suggested that prior to the city awardi.n;J a =ntract for the project, Council may authorize additional =ntact with the developer to advise him of specifics of the proposal for completing the work, which the city judges to be his responsibility, and give the developer a chance to complete the work as outlined in the project or reimburse the city for the costs. Attorney Filla noted the city has the option to canmence litigation against the developer for violating responsibilities pursuant to the development contract. KEI'IHSOO (Cent 'd) 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 aaauisition with the thought that the developer may pay for the easement and the city would use its authority to aCXjlli.re the right-of-way, if the developer could not negotiate with the property owner. Malone moved, secon:ied by Hicks, to adopt Resolution No. 92-05, ORDERING A FEASIBILITY REroRI' IN '!HE MATI'ER OF '!HE KEI'IHSOO AREA POND AND STORM SEWER IMPROVEMENTS. Motion carried unanimously. (5-0) Councilmember 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 Inq'rr"OVements, and schedule the bid opening on 'Ihursday, 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) REQUESr; CXlNTINUE PREMISE PERMIT APPLICATION, ST. MARY'S CHURCH Mahowald moved, seconded by Growe, to table action on the Premise Permit for st. Mary's Romanian Orthodox Olurch, as requested by the applicant, to the January 27 Regular Council meeting. Motion carried unanimously. (5-0) Ceuncilmember Malone stated it is his understanding there may be same discrepancy in the information received from st. Mary's Olurch, 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 fram st. Mary's in an attempt to clarify the information provided; further information will be provided at the January 27 meeting.