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<br />WHEREAS, the City is disinclined to direct its City <br />Engineer to prepare the feasibility report under the circum- <br />. stances unless the Owners execute a development agreement in <br />which they agree to compensate the City for all costs incurred in <br />connection with the Improvement up to the point at which the <br /> <br />Owners decide to do the Improvement themselves, <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF ARDEN HILLS, MINNESOTA THAT: <br /> <br />1. The Petition be declared to have been signed by <br />the requisite percentage (i.e., 100%) of owners <br />of the property affected by the Improvement as <br />required by Section 429.035 of Minnesota <br />Statutes, as amended, and <br /> <br />2. The petition be referred to the City Engineer <br />who is hereby instructed and directed to <br />prepare an analysis and report as to whether <br />the Improvement is feasible and should be made <br />as proposed or in connection with some other <br />improvement and what the estimated cost of the <br />Improvement will be, such report to the Council <br />to be prepared with all convenient speed-- <br />subject, however, to the Owners' first <br />executing a development agreement and advising <br />the City in a letter, signed by both of them, <br />that a public hearing on the feasibility report <br />will be unnecessary. <br /> <br />The motion for the adoption of the foregoing Resolution <br /> <br />was duly seconded by Councilman Peck and, upon vote being taken <br /> <br />thereon, all of the Council members voted in favor thereof, <br /> <br />whereupon said Resolution was declared duly passed and adopted. <br /> <br />. <br /> <br />- 3 - <br />