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-4- <br />Attorney Meyers: I advise the Council that we pay what B -E requests. <br />MS (Pickar- Hodges): In the interest of construction of the building, I <br />would move that we pay B -E the amount of $12,272.20. <br />Attorney Meyers suggested adding to the motion a reference to the Council's <br />qualifications in change orders 3, 4 E 7. Councilmen Pickar and Hodges <br />agreed to this addition. <br />MSP (Johnson- Baumgartner) to amend the motion that the City of Mounds View <br />reserves the right to arbitrate and /or litigate the question of the ultimate <br />liability for the work which is the subject of this payment, with any and <br />all parties. <br />5 ayes <br />Mayor Johnson then asked for a vote on the main motion and it carried. 5 ayes <br />The check for $12,272.20 to B -E Enterprises, Inc. was added to the list <br />of bills for approval. <br />Administrator Achen asked whether the work could be completed by December 7. <br />Walijarvi stated that there is no reason the police department cannot begin to <br />move in. The grill will be operable by motor or by hand. The building will <br />be ready for the dedication ceremonies. <br />Mayor Johnson recessed the regular Council meeting and called to order the <br />public hearing on the preliminary plat of Balk's Addition. <br />Donald Balk, 2656 County Road J, stated that his property is divided into <br />7 lots, meeting all the requirements. The corner lot has 100 feet of <br />frontage. He requested and received variances of 2.66 feet for the lots <br />less than 85 feet frontage from the Planning Commission. <br />Councilman Shelquist said that the Planning Commission gave Mr. Balk two <br />alternatives, depending upon what he wanted to do. He could divide it this <br />way, or keep the larger portion for himself. The Commission did vote to <br />allow that Lots 2, 3 & 4 be 82.34 x 234. <br />Mr. Balk stated that he was planning to sell these lots. <br />Mayor Johnson asked what the City staff feels we should be asking for with <br />regard to additional setbacks, etc. <br />Administrator Achen stated that the preliminary plat, dated October 20, 1975, <br />was satisfactory. <br />Administrator Achen said that since the Council set the 4 foot from the <br />water table policy it was learned that FHA also requires 4 feet. The Council <br />may want to look into requiring the installation of drain tile and sump pumps <br />in homes close to the water table. <br />