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e e e ARDEN HILLS CITY COUNCIL - MAY 30, 2000 DRA~ Voting on the motion: Probst, Aplikowski, Grant aJ1d Larson voted aye. Rem voted nay, The motion carries (4-1). ADMINISTRATOR COMMENTS A. Planning Case #99-03 Update, Josephine East LLC, 3183 Lexington Avenue, Preliminary and Final Plat and Variance Mr. Post referred to a memo from Mr. Lynch dated May 26 in which he reviewed f11e Josephine East partnership situation. He added that f11e Council might consider connection of Shoreline Lane to have it serve as a through street. Councilmember Larson stated, in his opinion, f11is is a good time to address the issue, adding it makes more sense thaJ1 constructing a temporary cul-de- sac. Mayor Probst agreed, stating that f11e situation does not seem to be headed for a friendly settlement. He added f11at it would be preferable to resolve the issue rather thaJ1 drag it out further. Councilmember Aplikowski stated f11at this was f11e first planning case she reviewed as a Councilmember. She expressed agreement that f11e issue be resolved. Mayor Probst stated f11at f11e issue of condemnation needs to be tied to a public purpose, which is the completion of the street. He reiterated f11at the process needs to be completed. Councilmember Larson stated f11at action by the City Council would remove the developers from f11e process. He added that if the City moves forward wif11 condemnation, f11e developer will no longer need the approval off11e property owners for the cul-de-sac. Mayor Probst stated f11e developers would still be responsible for aJ1Y legal costs incurred by f11e City to resolve f11e issue. Councilmember Rem asked whether legal action aJ1d costs are aJ1ticipated wif11 regard to f11e Bachman property. Mayor Probst stated a friendly acquisition might be possible, but should not be expected. Councilmember Rem asked whether the City would incur such costs. Mayor Probst stated it would be difficult to argue that f11e developers should be responsible for f110se costs. Mr. Post stated that the properties should be appraised prior to consideration of condemnation. He added that f11e notion of a through street had been a contentious neighborhood issue, and aJ1 informational meeting or public hearing might be appropriate at some point. Mayor Probst stated that if the Council is in agreement on f11e issue, City staff could be requested to draft an action plaJ1 for implementation at f11e Council's next meeting. He added that staff could identify the next consecutive actions required of the Council.