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September 26, 1977 Page 5 <br />Councilmember Ziebarth stated that the Ardan Avenue pond is only a few feet deep. <br />Councilmember Baumgartner stated that a person could drown in just a cup of water, <br />and Councilmember Rowley asked who would be liable if someone falls into the pond <br />and drowns. Administrator Achen replied that the land owner would be responsible. <br />Mayor Pickar at this time recognized Representative Neisen, who introduced his <br />guest, Mr. Bovich who was visiting from Yugoslavia. <br />Councilmember Baumgartner pointed out that the question of who pays for the public <br />improvements had not been answered. Administrator Achen replied that the property <br />owner would pay 100 percent of the cost. <br />Mr. Rossman asked if the ponding area will be 8' below the water table. Admini- <br />strator Achen replied that the Council may choose to dig the pond or to keep the <br />marshy conditions. <br />Mr. Zepper asked what the water table elevation would be. Mr. Zepper stated his <br />concern with water problems in his basement. <br />Councilmember Ziebarth asked whether the ponding area will be landscaped. Mr. <br />Olson replied the owners originally planned to dedicate it to the City. Since <br />the City does not want the property, the developer will retain it. They plan to <br />keep it aesthetically pleasant, but the landscaping will be up to the property <br />owners of the pond. Mr. Olson stated that they are willing to leave it as a marsh. <br />Councilmember Ziebarth stated that as long as it will not provide additional storage <br />capacity, he prefers that it be left a marsh. <br />Councilmember Rowley stated that she is concerned with the safety factors. <br />Mr. Rossman questioned what could be built on the ponding property once it is no <br />longer needed for drainage. Attorney Meyers replied that permanent easements <br />cannot be built upon with City Council approval, but the temporary easements will <br />revert to the owner. <br />MSP ( Pickar- Baumgartner) to approve the preliminary plat for the O'Neil's Addition, <br />as presented in Revision 4, on September 26, 1977, and that the developer conform <br />to the recommendations of the Short - Elliott- Hendrickson report; that lots 12, 13 <br />and 14, Block 1, 2nd Addition and Lot 1, Block 2, 2nd Addition and holding pond <br />lot be recorded as temporary and permanent drainage easements as set forth and <br />that these temporary easements should remain in effect until completion of the <br />Scotland Green Storm Sewer Basin; that the triangular piece of property at the <br />intersection of Long Lake Road and Highway 10 owned by John Capetz be included in <br />the plat; that concrete curb, gutter, and sidewalk be installed along the north <br />side of County Road H -2 and the east side of Long Lake Road; that the developer <br />preserve all the trees within 12 feet of final grade except trees above or within <br />the area of utilities; that each duplex lot be limited to one driveway access; <br />that the developer maintain the proper dust control; that public improvements for <br />the 2nd Addition be petitioned by the owner; that the Council approves in principle <br />the zoning as set forth, that Lot 11, Block 1, 1st Addition be rezoned from B -2 to <br />R -2, and that Lots 12, 13 and 14, Block 1, 2nd Addition be rezoned from B -2 to <br />B -1; and that actual development is contingent upon Council approval of a develop- <br />ment agreement embodying the above terms. 5 ayes <br />PRESENTATION OF THE 1978 BUDGET <br />Administrator Achen stated that a public hearing on the 1978 budget will be held <br />7:00 PM, October 3rd. Admin. Achen gave a summary of the budget. Mayor Pickar <br />stated that copies of the budget were available at city hall. <br />