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Minutes of the Arden Hills Regular eouncil MeetiIg, 11-12-91 Page 6 . POND (Cant'd) ihe Attorney advised the Developer or the City may shape the porrl and =nshuct the weir, with or without the provision for trenchiIg on ReiliIg's property. He indicated such =nstruction would provide a basis for detenniniIg if the pond will function as originally designed. Attorney Filla explained the approved gradiIg plan for the pond is referenced, however, the document =uld not be located the Case File. Hicks moved, seconded by Malone, that Council direct staff as follows: 1. '!he city Attorney be instructed to =ntact the Developer to advise of recent actions taken by the city, relatiIg to the waiver of Trespass, that Council has directed the City Engineer to develop design specifications for the Keithson Pond, which =nform to the original specifications approved by the City and, upon completion of such design plans, the Developer is requested to =nstruct the porrl and reimJ:RJrse the city for all costs associated with the city Engineer's preparation of the specifications for this project. 2. The city Engineer be directed to prepare the design specifications for the pond, in =nformance with the design approved by the City. Motion carried unanimously. (5-0) There was discussion relative to detennining a deadline for completion of the . pond =nstruction to specifications prepared by the Engineer. Counci1rnernber Malone indicated one of the property owners had indicated a preference for directiIg a pipe on their property. The Attorney advised that duriIg his last =nversation with Mr. Majors it appears that Majors had no objection to the grading of the pond and that he is aware of the extent of the pond easement. He reported that Mr. Majors also indicated his preference for aCCClllq:llishing the =nstruction of the pond. Filla reviewed his previous =ntacts with the developer and atterrpts by the city to have the developer complete the grading of the porrl to its original design specifications. He also discussed methods the city may pursue toward re:iJnbursement of costs if the Developer fail to respond to the above request and the city completes the project. Jean eri111mins, 4509 Keithson Drive, stated she is adjacent to the south side of the pond and questioned if the trees along the rear portion of her property would be removed duriIg the =nshuction. She stated her opposition to the removal of the trees. Attorney Filla explained the trees are located on the ReiliIg property and should not be affected duriIg the =nstruction of the propose:i "channel" or installation of pipe for the purpose of divertiIg runoff fran the pond. He noted that if the property is develOped in the future, the trees may be affected by such . development. eri111mins requested notification be forwarded to the property owners regardiIg this matter and relatiIg to the pond =nstruction.