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September 12, 1977 Page 5 <br />Pauline Stoner,2454 County Road H2 asked who would be responsible if a water pro- <br />blem did exist after the development. Mayor Pickar stated that it would be hard <br />to pinpoint blame on anyone or decide at this time would who be responsible as many <br />factors would have to be taken into consideration. He pointed out that Short - <br />Elliott- Hendrickson had stated that there would not be water problems and that the <br />City could only go by what the experts recommend. <br />Attorney Meyers pointed out the situation in Bloomington recently with the heavy <br />rains and flooded homes, which were an act of nature, not the fault of a developer. <br />He pointed out that the developer must enter into a contract with the City stating <br />that they will conform to whatever plans and specifications are agreed upon, but <br />then, if the developer does what is required of him and then there are water pro- <br />blems, the issue would have to be decided at that time. <br />Judy Olson, 7736 Woodlawn pointed out that the water would have to go somewhere <br />once the development is put in. <br />Administrator Achen stated that only the first house in the area would not be at <br />fault, and that every other house built there in the past 20 some years would have <br />some degree of responsibility if water problems did occur since they would all be <br />contributing to the problem, not just the newest developer. He also pointed out <br />that the experts have stated that increased development would lower the water table. <br />Ms. Stoner asked how long a bond would be required of the developer. Attorney Meyers <br />replied that until the development is finished and approved by the City, the bond would <br />be kept. <br />Ms. Stoner asked if the City was held responsible for the water trouble in 1975. <br />Attorney Meyers replied that claims have been filed by the residents who had water <br />in their homes, against Mounds View Square. <br />Ms. Silouc asked if the City had heard anything from New Brighton about the water <br />from Mounds View going down into New Brighton and giving them problems. Attorney <br />Meyers replied that nothing had been received to his knowledge. He also stated <br />that it is always a problem, that the person below complains about the water coming <br />from the person higher up. <br />Mr. Zepper asked if the duplexes would have one or two driveways per unit. Mr. <br />Saabi replied that they had not determined that yet. Administrator Achen <br />stated that most likely the City would require one driveway only, to eliminate <br />the extra access onto already busy County Road H2. <br />Mr. Rossman pointed out that the speed limit on County Road H2 between Silver Lake <br />Road and Highway 10 is 40 MPH, while it is 30 MPH west of Silver Lake Road on H2, <br />and east of Highway 10, on H2, and recommended that the speed limit be reduced to <br />30 MPH all along that stretch of H2. <br />Councilmember Hodges stated that he felt that as long as the report received from <br />Short - Elliott - Hendrickson did not foresee any problems with the first phase of <br />the development, that he did not have any problems with it. <br />Councilmember Rowley stated that there were a number of items open that she felt <br />would require further discussion before approval. She recommended that the number <br />of trees to be left should be decided upon, how many driveway cuts to be allowed <br />and the reduced speed limit should be agreed upon. She stated that she would pre- <br />fer only one driveway cut per unit. <br />