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City Council - 04/17/2001 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 17,2001 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher, Ronald Case, Jan Mosman, and Nancy Tyra-Lukens CITY STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE M. COUNCIL FORUM INVITATION Mayor Harris said Council Forum is held the first and third Tuesdays of the month from 6:30—6:55 p.m. in Heritage Room H. This will be scheduled time following City Council Workshops and immediately preceding regular City Council Meetings. It is important if you wish to visit with the City Council and Service Area Directors at this time that you notify the City Manager's office by noon of the meeting date with your request. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Mayor Harris added three items under XIII.A. Reports of Councilmembers. Enger added an item regarding Councilmembers' Photos,under=.B. Report of City Manager. MOTION: Case moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 3,2001 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the Council Workshop held Tuesday, April 3, 2001, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,APRIL 3,2001 MOTION: Butcher moved, seconded by Mosman, to approve the minutes of the City Council Meeting held Tuesday,April 3, 2001, as published. Motion carried 5-0. CITY COUNCIL MINUTES April 17,2001 Page 2 VI. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. LIBERTY PLACE — BUILDING B by Liberty Limited Liability Partnership. 2nd Reading for Planned Unit Development District Review with waivers on 6.84 acres, Zoning District Amendment within the Office Zoning District on 6.84 acres, and Site Plan Review on 6.84 acres. Location: Smetana Lane (Ordinance No. 12-2001-PUD-7-2001 for PUD District Review and Zoning Amendment and Resolution No.2001-59 for Site Plan Review) C. ADOPT RESOLUTION NO. 2001-60 APPROVING FINAL PLAT OF LIBERTY PLACE 2 ADDITION D. ADOPT RESOLUTION NO. 2001-61 APPROVING FINAL PLAT OF LOIS TOBIAS ADDITION E. APPROVE CHANGE ORDER NO. 1 TO CONTRACT FOR WELL PUMP HOUSE NO. 14,I.C.99-5500A F. APPROVE PROPOSAL FROM GOODPOINTE TECHNOLOGY TO PROVIDE PAVEMENT EVALUATION SERVICES G. DECLARE VEHICLES SCHEDULED FOR REPLACEMENT TO BE SURPLUS PROPERTY AND AUTHORIZE STAFF TO DISPOSE OF THE VEHICLES AT PUBLIC AUCTION H. AWARD CONTRACT FOR FRONT ENTRY DOORS AT THE EDEN PRAIRIE COMMUNITY CENTER MOTION: Tyra-Lukens moved, seconded by Case, to approve Items A-H on the Consent Calendar. Motion carried 5-0. VH. PUBLIC HEARINGS/MEETINGS A. APPLICATION FOR STATE NATURAL AND SCENIC AREA GRANT FOR BIRCH ISLAND WOODS Enger said official notice of this public hearing was published in the April 5, 2001,Eden Prairie News. Lambert said a public hearing at a City Council meeting is required as part of the DNR grant application for a State Natural and Scenic Area Grant. Mayor Harris asked if anyone wished to speak to the Council on this matter. Jeff Strate, 15021 Summerhill Drive, is a member of the Friends of Birch Island Woods and expressed support for the grant application. He also presented a letter CrrY COUNCIL A111"T ES April 17,2001 Page 3 of support from Friends of Birch Island Woods, on behalf of all the businesses, community organizations and residents who support the effort to protect these woods. MOTION: Tyra-Lukens moved, seconded by Mosman, to close the public hearing; and authorize application for a State Natural and Scenic Area Grant for the expansion of Birch Island Park. Motion carried 5-0. B. VACATION OF RIGHT-OF-WAY ADJACENT TO PRAIRIE CENTER DRIVE,VACATION 01-04 (Resolution No. 2001-62) Enger said official notice of this public hearing was published in the March 22, 2001 Eden Prairie News and sent to 8 adjacent property owners. The property owners have requested release of the right-of-way restrictions imposed on their properties through previously recorded easement documents. Mayor Harris asked if anyone wished to speak to this vacation request. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-62 to vacate the right-of-way adjacent to Prairie Center Drive. Motion carried 5-0. C. REDSTONE GRILLE by Redstone, Inc. Request for Guide Plan Change from Office to Regional Commercial on 2.97 acres, Planned Unit Development Concept Review on 4.81 acres, Planned Unit Development District Review with waivers on 2.97 acres, Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.21 acres, Site Plan Review on 2.97 acres, and Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way. Location: Eden Road. (Resolution No. 2001-63) for Guide Plan Change, Resolution No. 2001-64 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, and Resolution No. 2001-65 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 5, 2001,Eden Prairie News and sent to 18 property owners. Vickie Van Dell from Landform Engineering Company, said a guide plan change is requested from office to regional commercial on 2.97 acres. The project requires shoreland and City Code waivers for building and parking setbacks, impervious surface, and buffers, all related to the shallow depth of the lot. Strict adherence to the ordinance standards would severely impact the development of this site and render it unfeasible. Gregg Hackett, the architect for the project, said the project is an 11,610-square- foot restaurant located on the south side of Lake Idlewild on Eden Road. The exterior of the building will be constructed of stone and stucco, with cedar shingles. He showed the various elevations and a wooden model of the CITY COUNCIL MINUTES April 17,2001 Page 4 restaurant. The architecture would be similar to the Redstone Grille in Minnetonka. Franzen said the Community Planning Board voted 5-0 to recommend approval of the project at its March 26, 2001 meeting, and approved the shoreland and City Code waivers. The City has approved similar waivers for all existing buildings on the lake. Compliance with the City Code requirements would preclude development of the property, and granting of the waivers will allow the property to develop consistent with existing buildings along Lake Idlewild. Mayor Harris asked if anyone wished to address the Council on this proposal. No one did. MOTION: Butcher moved, seconded by Case,to close the public hearing; and to adopt Resolution No. 2001-63 for Guide Plan Change from Office to Regional Commercial on 2.97 acres; and adopt Resolution 2001-64 for Planned Unit Development Concept Review on 4.81 acres; and approve lst Reading of the Ordinance for Planned Unit Development District Review with waivers on 2.97 acres and Zoning District Change from Rural to C-Reg-Ser Zoning District on 1.76 acres and from Office to C-Reg-Ser Zoning District on 1.21 acres; and adopt Resolution No. 2001-65 for Preliminary Plat of 4.81 acres into 1 lot, 1 outlot, and right-of-way; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Discussion followed. Enger asked Franzen to review the amount of parking at the restaurant. It meets City Code but may not be enough. Franzen said the restaurant provides more parking than is required by City Code. It would only be required to provide 100 parking spaces and the restaurant has an additional 85 parking spaces. City staff looked at the parking for Champps to see if it complied with City Codes, and the police and the fire marshal also looked at it. The fire marshal found Champps was not exceeding occupancy requirements or parking in the main fire lanes around the building. The police did not find any parking on City streets Thursday,Friday and Saturday nights. Staff found parking on property adjacent to Champps on those nights. There are 200 parking spaces on the property occupied by Champps, Franks and Petco. There was an average of 325 cars on those three nights. There are 345 seats in the restaurant or almost one for each patron. Staff believes the more restaurants the City has, the more opportunities there will be to spread the parking load. Case asked if patrons can legally park on City streets in the vicinity of Champps. Dietz replied he believed those streets are posted for no parking. Eden Road, for example, is striped as a four-lane street. At times part of it has been posted for no parking and they have the ability to post it all. Enger asked Franzen, if Redstone with the number of seats it has required a similar amount of parking as Champps needs, how many parking spaces would Redstone need, and how many would they be short? If they are short, what is the CITY COUNCIL NHNUTES April 17,2001 Page 5 contingency plan? Franzen replied if they had one space for each patron, they would need 300 parking spaces, or another 115 spaces somewhere else in the area. It is a different type of restaurant from Champps, however. He went to the Redstone Grille in Minnetonka and it has a different crowd and different atmosphere from Champps. City staff said they did not have any problems with customer parking. Mayor Harris said having a Redstone Grille will have a net benefit. She asked if additional parking would be available in the same area if Redstone should need it. Franzen said there would be parking nearby. However,he would not change City Code to require more parking spaces. Motion carried 5-0. D. LIND ADDITION Eric Lind. Request for PUD Concept Review on 1.68 acres, PUD District Review with waivers on 1.68 acres, Zoning District Change from Rural to R1-22 Zoning District on 1.18 acres and Zoning District Amendment within the R1-22 Zoning District on .50 acres, and Preliminary Plat of 1.68 acres into 3 lots. Location: Southeast corner of Eden Prairie Road and Scenic Heights Road. (Resolution No.2001-66 for PUD Concept Review, Ordinance for PUD District Review, Zoning Change and Zoning Amendment, and Resolution No.2001-67 for Preliminary Plat) Enger said official notice of this public hearing was published in the April 5, 2001,Eden Prairie News and sent to 16 property owners. This project is for two single-family lots to be subdivided into three single-family lots. Franzen said this property requires waivers because Lots 1 and 2 are smaller than 22,000 square feet. Staff supports the waiver. The Community Planning Board voted 5-0 to recommend approval of the project at the March 26,2001 meeting. Mayor Harris asked if anyone wished to address the Council on the proposal. No one did. MOTION: Mosman moved, seconded by Case, to close the public hearing; and adopt Resolution No. 2001-66 for PUD Concept Review on 1.68 acres; and approve lst Reading of the Ordinance for PUD District Review and Zoning District Change from Rural to R1-22 Zoning District on 1.16 acres; and approve Resolution No. 2001-67 for Preliminary Plat of 1.68 acres into 3 lots. Motion carried 5-0. E. ADC TELECOMMUNICATIONS SIGN PACKAGE by ADC. Request for Planned Unit Development Concept Amendment on 91.03 acres, Planned Unit Development District Review with waivers on 91.03 acres, and Zoning District Amendment within the I-5 Zoning District on 91.03 acres. Location: Technology Drive. (Resolution No. 2001-68 for PUD Concept Amendment, Ordinance for PUD District Review and Zoning Amendment) CITY COUNCIL MINUTES April 17,2001 Page 6 Enger said official notice of this public hearing was published in the April 5, 2001,Eden Prairie News and sent to 138 property owners. Mark Raische, 18616 Twilight Trail, said he represented the sign company. Based on the size of the ADC property, he asked for six sign waivers from the City Code. Franzen said the Community Planning Board voted 5-0 to recommend approval of the project at the March 16, 2001 meeting. The Board recommended approval of the six waivers, which are needed because of the size of the campus, the number of employees, and the number of entrances to the site. Mayor Harris asked if anyone wished to address the Council on this project. No one did. MOTION: Tyra-Lukens moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2001-68 for Planned Unit Development Concept amendment on 91.03 acres; and approve I"Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the I-5 Zoning District on 91.03 acres; and direct Staff to prepare a Developer's Agreement incorporating Staff and Board recommendations. Motion carried 5-0. VIH. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Tyra-Lukens, to approve Payment of Claims. Motion was approved on a roll call vote,with Butcher, Case,Mosman, Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. AMENDMENT NO. 1 TO CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH I (PIONEER TRAIL) (Resolution No. 2001-69) Dietz said Hennepin County agreed to a certain level of landscaping detail for the Pioneer Trail improvement process about one-and-a-half years ago. He introduced Rod Rue,Assistant City Engineer,who gave an update on this process. Rue said the action being requested is approval of Amendment No. 1 to the cooperative agreement with Hennepin County for the Pioneer Trail project. In the amendment, the City would agree to own, maintain and indemnify Hennepin County for any liability associated with landscaping planted within the County's right-of-way. The landscaping items in question are in the median of CSAH 1 (Pioneer Trail) near Purgatory Creek. The City would be responsible for the design, construction and administration of the landscaping project. A group of area residents were formed to assist with this process by helping with plan development, selection of a consultant and retaining wall colors. The County will also be asked to approve the landscape plan, and their responsibility will be CITY COUNCIL MINUTES April 17,2001 Page 7 to pay for the construction items being proposed, based on a formula in the agreement. Basically, the County will pay for replacement of trees taken down for the road construction project, based on the City's tree-preservation ordinance, and another $100,000 for other landscaping materials. Construction of the total landscaping project will cost $400,000. If this amendment is approved, Rue said the group will be revising the plans, including the medians, and selecting the concrete color for the entire corridor. This will be followed by neighborhood meetings, and then come back to the Council for approval of plans and specifications, and award of the contract. Construction should occur near or after the road work is completed in the spring of 2002. Laurie McRostie, from S.E.H. consulting engineers, said the neighborhood planning committee has come up with some really good ideas for landscaping the whole corridor. The main focus for this presentation to the Council was to share preliminary ideas for the median and gain approval from the Council. The planning commission selected low shrubs and trees, particularly for the two medians leading down to Purgatory Creek, which are complementary to the natural vegetation and wooded areas there. They are attempting to bring a wild character into the roadway. These particular medians were shown with a concrete maintenance strip around the edge for snow storage and to keep salt from the plants. For the third median, coming out of the creek area, they are looking for prairie grasses and a low tree on that side of the creek. The County is paying the estimated cost of$100,000 for that area. Case asked if the trees will initially be of significant size. McRostie said she would recommend they be 2-1/2 inches when planted. The smaller they are the more quickly they take root. Case asked if the City indemnifies Hennepin County, is the County liable if one of their plows hits and knocks over a tree? Dietz said the County would not be liable, short of deliberate malfeasance, so any damage would be the City's responsibility. This represents a compromise with the County, which requires a ten-foot setback from the curb to any obstruction. The center of the proposed medians would be nine feet from the curb. However, he didn't expect any problems with the County's plows. Case noted that salt is used on the road in the winter, and assumed the plant material selected would be resistant to salt. McRostie said the plants they are planning to buy are definitely that variety. Dietz said he believed drainage will be away from the medians. Mosman asked if the City would be responsible for watering the new plantings. Dietz said the contractor would water them when they are planted for a certain period of time. Some replacement might be necessary,however. Steve Andert, 9722 Purgatory Road, a member of the landscaping committee, said he is a concerned citizen trying to keep Eden Prairie from becoming just another suburb. Many people moved here because of the natural elements. Pioneer Trail CITY COUNCIL MINUTES April 17,2001 Page 8 has a significant history. The landscaping committee is hoping to replace some of the trees removed for the road construction. The median and plantings that will surround Purgatory Creek will be the signature piece of the landscaping project. This is a beautiful and peaceful area, and it deserves to be noticed. MOTION: Tyra-Lukens moved, seconded by Butcher, to adopt Resolution No. 2001-69 approving Amendment No. 1 to the Construction Cooperative Agreement with Hennepin County for the CSAH 1 (Pioneer Trail) project. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS A. REQUEST FOR 42" GRAVE MARI ER AT PLEASANT HILL CEMETERY Enger said the City has received a request from Dolores Hodge to place a 42-inch grave marker at Pleasant Hill cemetery. Lambert said Council received a copy of the request and a copy of the Staff Report. Mrs. Hodge requested that the City Council grant a variance of Pleasant Hill Cemetery Rules and Regulations, which is operated by the City of Eden Prairie. Under those rules, monument markers are restricted to 12 x 24 inches in size for a single grave or 12 x 36 inches for a double grave. There is a condition that makes it possible for a larger marker if approved by the City Council. Once the City accepts larger markers it is responsible for them and replacing them if they are damaged. The potential problem is that when a new grave is dug in the winter months, a marker larger than 36 inches that extends into the area of the grave being dug may break. There is also the matter of consistency, with everyone being allowed to put in the same size marker. Lambert said the City has received many requests for larger markers and they have always been refused. In the new section of the cemetery three people have ignored the rules and put in 42-inch markers. The City has not required these people to remove them, but have told them the City is not responsible for replacement or repair of the markers. The City is responsible for perpetual care. There are 700 more grave sites in the cemetery, so the Council should consider whether they want to change the rule in this case. Butcher said she believed Lambert is correct in terms of keeping the rules. However, she noticed some markers are larger than 42 inches. There is a place in the rules to change the marker size. She suggested allowing the 42-inch marker to go in, in spite of the potential for damage, but hold the heirs responsible if there should be damage in the future,because the City made an exception to the rules. Lambert replied that this is what the City has told people who have not asked for permission to change the size of the marker. However, those people may not be around when there is a problem in the future. CITY COUNCIL MINUTES April 17,2001 Page 9 Butcher asked if it would be possible to take a portion of the cost of the grave stone and put that in an escrow account to pay for damage. Lambert replied it could be done, but he wondered if it would be worth the extra time required by the City. If there were not more than four or five requests for the next 200 graves, that would not be too much. However, if the larger size becomes the rule that maybe cumbersome. Butcher pointed out there are a great variety of markers in the old section. Lambert said that section is almost full so there isn't a problem of having to dig new graves there. Case said this is a very important issue to the Hodge family and a difficult decision for the Council. Mosman said if the City allows a 42-inch marker, it almost becomes the new standard. Everybody would want to do that, so it seems it would be unfair for everybody else if the Council allows it in this case. If a person wants to do something extra, there are many intricate designs that can be made on a small marker to make it special. Lambert said if the Council decided the City would accept payment for replacement if the 42-inch marker gets broken, and would put the money in an account for that family, then the City would have the option to replace it with a smaller one. Tyra-Lukens said she didn't like to introduce all kinds of intricacies into management of the cemetery site. If the Council starts allowing 42-inch markers and say that is the maximum size, then there will be a person wanting a 52-inch marker. She felt comfortable with following the regulations the City has now. Mayor Harris said she believed flexibility is important for the Council. However, she didn't favor the idea of an escrow account because it may require management over many years. She agreed with Councilmember Mosman that 42 inches would become the standard if this request were granted. Mayor Harris believed the City should keep the current standard. MOTION: Case moved, seconded by Tyra-Lukens, to deny the request by Delores Hodge to place a 42-inch marker at Pleasant Hill Cemetery based on current cemetery rules and regulations. Motion carried 5-0. B. REQUESTS FROM FRIENDS OF BIRCH ISLAND WOODS Enger said the City has received a request for the Council to review five items. The request was received in the afternoon of April 12, and because of the significance of the requests, he suggested Council refer them back to staff to review and make recommendations. In the future it would be most productive if the staff was able to receive those items and information with enough advance time to give a proper review and recommendation, unless the Council is CITY COUNCIL NIINUTES April 17,2001 Page 10 comfortable having items come directly to it. He said one request was fairly significant and did not place the Council in a position where it could make a completely informed decision that evening. Geri Napuck Westermann, 6447 Kurtz Lane, spoke on behalf of the Friends of Birch Island Woods. She expressed appreciation for granting their request to be on the agenda. They didn't profess to know all the details of negotiations between the County and the City. However, the group wished to express their significant concerns, about the public process of acquiring Birch Island Woods as the eleventh hour approaches. They have made five requests to the Council. The first request is for the Council to direct City staff to explore, as soon as possible, the option for payment terms. They are requesting a May 1, 2001, date because time is running out. The group was surprised to learn that the City had not explored payment terms with the County, in light of the County's past willingness to accept payments over time for sale of surplus property. That may make it easier for the City to purchase the land. Westermann said the second request, listed in her letter to the City as number 5,is for a special election, asking that the City staff prepare for the Council's consideration and approval authorization to issue and sell General Obligation Bonds that would cover the cost of purchasing the property, and to use that area of Birch Island Woods as a public park or conservation area. The group is requesting the deadline for that action to be June 30,2001. The request, listed as number 2, asks staff to work with Hennepin County to conduct a Phase II site assessment as soon as possible, but no later than the date of conveyance between the County and City. That site assessment would be a follow-up to Phase I, completed on January 19, 2001. The request, listed as number 1, is to contact appropriate County officials to remove "No Trespassing" signs posted by Hennepin County that now surround the woods. The reason the County gave for this action was a liability issue,based on a County policy, but Westermann said there is no written County policy to require that signs be posted on surplus property, and to do it now raises concerns about an arbitrary decision. The next request, listed as number 4, is for staff to review the January 31 Appraisal Report to determine whether the appraised value of Parcel A is impacted by exclusion of Parcels D and E from acquisition, since the Appraisal Report determined the highest and best use based on the assemblage of all three parcels. They asked that the results of such review be provided to the Council on or before May 1,2001. Mayor Harris said staff has recommended that it have a chance to review these requests and get additional information. These particular requests require full discussion by this Council and it cannot do that with the information it currently CITY COUNCIL MMMS April 17,2001 Page 11 has available. She asked staff to return to Council with recommendations on each of these items for the next meeting of the Council. Mosman said she understands the frustration felt by the Friends of Birch Island Woods. She has attended recent Legislative hearings on this, and has become more aware that if no action is taken the City may not be able to keep this property,which is on the City's Guide Plan. Case said he would like to know the status of the second request (conducting a Phase Il site assessment), because that seems to be something that would then affect the other requests. He would like staff to prioritize them. Enger said staff would be prepared to review and give a recommendation by the May 1 Council meeting. However, staff may not have a recommendation on some of these items by May 1. They would not know in two weeks whether or not there is going to be a bond issue. Mayor Hams said the requests should be put in context of discussion on the CIP plan and "wish list" of items on that, and how to frame any possible bond issue. She didn't anticipate that the City would go forward with a single bond issue. Case said negotiations have to be done behind the scenes. Some of these issues may affect the City's negotiating position. This Council has directed staff to prioritize this very highly, but hasn't decided what it means in relation to all other priorities. This is where the trust factor comes in. The City needs to do its work quietly and try to get the best deal for Eden Prairie they can. He applauded the work being done by the Friends group. Westermann said the group knows that time is getting short and was concerned that some things were not being considered. They don't want to jeopardize the City's negotiating position,but are looking for alternatives. MOTION: Mosman moved, seconded by Tyra-Lukens, to direct the request from Friends of Birch Island Woods to the City staff for review and report at the May 1, 2001, Council Meeting. Motion carried 5-0. XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS XIII. REPORTS OF OFFICERS A. REPORTS OF COUNCH MEMBERS 1. Transportation Funding for I-494 Corridor—Mayor Harris Mayor Harris said she has received important correspondence by e-mail regarding the I-494 corridor. The next ten days of the current Legislative CITY COUNCIL MINUTES April 17,2001 Page 12 Session will determine transportation funding levels. The picture does not look good for Eden Prairie and other cities along the corridor to receive the funding they need. Harris asked that these two a-mails be reproduced and forwarded to Councilmembers, and each one take responsibility for contacting the members of the Legislative Committee. 2. Invitation to the Public to Attend Presentation by Jeffersonian Scholar—Mayor Harris Mayor Harris extended an invitation to the public to participate with other residents in hearing a Jeffersonian Scholar, Professor Jenkinson, on April 18 from 3:30-5:30 in the Performing Arts Center at the High School. City staff will be joining school staff to hear the presentation, as well as friends and neighbors. 3. Council Meeting on July 3,2001—Mayor Harris Mayor Harris said she would not be in town for the Council meeting on July 3, and wondered if others would be absent. Three other Councilmembers indicated they would also be absent. Mayor Harris asked staff to look at rescheduling that meeting. Enger said he will look to see if that meeting would be necessary and needs to be rescheduled, or if it could be canceled. B. REPORT OF CITY MANAGER Enger said the City will be taking a new Council photo. The group photos of former Councils hanging in the front hallway sometimes causes confusion to visitors about which is the current Council. Another suggestion was to use individual photos in the hallway. However, his recommendation would be a new group photo. Case said he would like to see a "historical hallway" with photos of all Councils from the past. The consensus was to take a new group photo. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR 1. Morraine Way Pond Evaluation A petition was received in October 2000 regarding the condition of the CITY COUNCIL NIINUTES April 17,2001 Page 13 neighborhood pond called Morraine Way Pond. Dietz said he and staff have talked with the City's consultants and it is their opinion that most likely the cause for the pond to be dry is the dry weather conditions in the past year. Lake Minnetonka was 18 inches below its normal water level last year. The drainage area to surface area ratio is 6:1, and it should be considerably bigger than that to support a pond. That appears to be more the problem than road construction activities on Highway 212. That is because it is most likely that the direction of water flow is toward the south so construction activities would not affect the pond. A report, the Morraine Way Pond Evaluation, has been prepared containing this information. In the petition from residents, they contend that property values have decreased or are likely to decrease because of the pond drying out. In the past year there have only been four sales of houses in this area and those sales do not support the residents' contention of decreased property values. Dietz requested direction on sharing this information with the residents who signed the petition. One would be a direct mailing of the report and a cover letter to the petitioners; another would be to invite them to a City Council meeting or Workshop to discuss the item. Mayor Harris said the Council has a very fall calendar in the coming months. She would direct staff to mail the report to all those who signed the petition. Case said he would include in the cover letter the option for persons to come to a Council Forum if they wish. Reference could also be made to a similar area at Birch Island Lake. Dietz said the City never came to a good conclusion about the cause of that area drying out. The Morraine Way Pond may come back with increased precipitation. There is a life- cycle for some of these ponds, depending on the weather. MOTION: Case moved, seconded by Mosman, to receive the Morraine Way Pond Evaluation report; and direct staff to mail the report to all who signed the petition with a cover letter from the City citing in the report other situations of a similar nature and the opportunity at any time to come before the Council in the Open Forum, as other citizens can. Motion carried 5-0. F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY CITY COUNCIL MIIN MS April 17,2001 Page 14 XIV. OTHER BUSINESS A. CLOSED SESSION ON LITIGATION MOTION: Tyra-Lukens moved, seconded by Case, to adjourn to a closed session on potential and pending litigation. XV. ADJOURNMENT Mayor Harris adjourned the meeting to a closed session at 8:30 p.m.