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HomeMy WebLinkAboutCity Council Minutes 08-22-2006Adopted Minutes Regular Council Meeting August 22, 2006 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:08 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 22, 2006. COUNCIL PRESENT: Mayor Johnson, Councihnembers Bildsoe, Hewitt, Stein, Black, Slavik, and Willis. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Assistant City Engineer Beckwith, Senior Planner Drill, Housing Manager Barnes, Fire Chief Kline, Administrative Services Manager McGann, and City Clerk Engdahl. Plymouth Forum David Priebe, 3825 Forestview Lane North, spoke of the recent development of a dog park on property adjacent to French Park. He stated this property was purchased by the City by virtue of an open space referendum and later deeded over to the Three Rivers Park District with the intent of this property being maintained as open space. He noted that he served on the City's Park and Recreation Advisory Committee at the time this took place. He stressed that he doesn't object to dog parks, but the transfer of this property was clear, and this property should be maintained as open space. The development of this dog park clearly violates the City's agreement with the Three Rivers Park District. Mayor Johnson reported that she intends to add this item under General Business when the Council approves the agenda for this evening. Marlyn Sjaarda, 11720 38`h Avenue North, stated he was a member on the Open Space Committee at the time and he reminded the Council of the commitment and covenant that was made to the residents through the referendum. Therefore, he is very concerned about the Three Rivers Park District altering this property. Bob Donley, 11740 38th Avenue North, echoed the comments above. He requested the City to immediately stop this development before it's too late. Presentations and Public Information Announcements 4.01) Oath of Office to Police Officer Todd Kloss City Clerk Engdahl administered the oath of office to Police Officer Todd Kloss, Adopted Council Minutes Regular Meeting of August 22, 2006 Page 2 of 13 4.02) Acknowledgement of Police Explorers National Awards Police Chief Goldstein announced the awards that were recently given to the Plymouth Explorers. 4.03) Introduction of AutoMark Equipment Nick Truso, with the Secretary of States Office, introduced the new AutoMark voting equipment which would be used in this year's fall elections. He stated this equipment is geared for people who have any kind of disability. 4.04) Announcement of Plymouth Community Theatre's Production of "Sound of Music" on September 15-16 Matt Quinn, member of the Plymouth Community Theatre, announced the "Sound of Music" production on September 15-16 and September 23-24 at the Wayzata Central Middle School. 4.05) Firefighter 5K Run/Walk on September 9 Fire Chief Kline reported on the Firefighters' Second Annual 5K Run/Walk on September 9 at Fire Station No. 2. 4.06) Announcements of Candidacy Councilmember Black announced her candidacy for re-election to the Ward 4 seat. Councilmember Bildsoe announced his candidacy for re-election to the At Large Council seat. Mayor Johnson announced she would be vacating her seat due to her candidacy for the State Senate 43 seat. Councilmember Slavik announced her candidacy for the Mayoral seat. Councilmember Hewitt announced her candidacy for the State House 43A seat. Approval of Agenda Mayor Johnson requested to add a Resolution Revoking Plan Modification for French Regional Park as item No. 8.05 under General Business. Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoc, to approve the amended agenda. With all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of August 22, 2006 Page 3 of 13 Consent Aeenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adop the Consent Agenda that included the following items: 6.01) Minutes of the Special Meeting of July 27 and Regular Council Meeting of August 8. 6.02) Resolution Approving Disbursements for the Period Ending August 11, 2006 (Res2006- 314). 6.03) Resolution Approving a Comprehensive Plan Amendment for Laurent Builders, Inc. for Property located at 4640 Holly Lane North (2006050 — Res2006-315), Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located at 4640 Holly Lane North 2006050 — Ord2006-21), Resolution Approving Findings of Fact for the Rezoning of Property located at 4640 Holly Lane North (2006050 — Res2006-316), and a Resolution Approving a Preliminary and Final Plat for Two Single -Family Lots to be known as Deziel Subdivision located at 4640 Holly Lane North (2006050 — Res2006-317). 6.04) Resolution Approving a Conditional Use Permit for Mary Anderson to allow Two Accessory Buildings over 120 square feet for Property located at 2207 Oakview Lane North 2006059 — Res2006-318). 6.05) Resolution Approving a Final Plat for CBR Development, LLC. For "Four Points of Plymouth," to create Four Lots on Property located at 15910 and 16000 Old Rockford Road 2006022F — Res2006-319) and a Resolution Adopting Assessments for Sanitary Sewer Area for Four Points of Plymouth (2006022 — Res2006-320). 6.06) Resolution Approving Variance in increase Impervious Surface Area Coverage from 49 percent to 51 percent for a 14 -foot by 22 -foot room addition for property located at 1034 Yuma Lane North (Skyline Design, Inc. 2006064 — Res2006-321). 6.07) Resolution Awarding Contract for 2006 Temporary Overlay Project — Phase 2 (6134 — Res2006-322). 6.08) Resolution Authorizing the City to Enter into a Joint Powers Agreement with the Cities involved in the Northwest Metro Drug Task Force (Res2006-323). 6.09) Resolution Approving a Site Plan and Conditional Use Permit for Opus Northwest LLC to allow construction of a New Corporate Headquarters for Select Comfort, for Property located at the Northwest Corner of Highway 169 and Bass Lake Road (2006056 — Res2006-324). 6.10) Resolution Accepting Streets and Utilities for Continual Maintenance for Seven Greens Second Addition (2003133 — Res2006-325). 6.11) Resolution Approving Agency Agreement No. 90022 with Minnesota Department of Transportation for Federal Funding Reimbursement for Right -of -Way for Fernbrook Lane Adopted Council Minutes Regular Meeting of August 22, 2006 Page 4 of 13 Reconstruction and Widening from 27th Avenue to 34`h Avenue (1013 — Res2006-326). 6.12) Resolution Approving Change Order No. 2 for Bass Lake Lift Station Upgrades (4116 — Res2006-327). 6.13) Resolution Approving Request for Payment No. 5 and Final for Revere Lane Extension Project (4142 — Res2006-328). 6.14) Resolution Approving Change Order No. 1 for 2006 Street Reconstruction Project (6101 Res2006-329). 6.15) Resolution Approving Request for Payment No. 2 and Final for 2006 Temporary Overlay Project (6109 — Res2006-330). 6.16) Resolution Approving Winter Trails Activity Report (Res2006-331). 6.17) Resolution Approving Payment of Dues to the Twin West Chamber of Commerce Res2006-332). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Alcohol Compliance Check violation for Chili's Southwest Bar and Grill, 4000 Vinewood Lane Police Chief Goldstein reported on the third alcohol compliance check violation for Chili's Southwest Bar and Grill, 4000 Vinewood Lane. He noted that the licensee had been a member of the Best Practices Program, but was removed because of the third violation. The City Code outlines a presumptive penalty of $2,000 and a 15 -day license suspension for a third violation by an on -sale intoxicating liquor establishment not in the Best Practices Program. Councilmember Black noted that there is a five-day stayed suspension from the second violation. Police Chief Goldstein stated that it's an option under the penalty grid to stay those suspensions. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein reported on the violation which occurred on May 13, 2006, whereby an employee of the establishment sold liquor to an underage individual. He noted that the employee didn't request any type of identification from the underage buyer. The defendant pled guilty to a misdemeanor and paid a $350 fine. He requested that the stayed five-day suspension be included with the Council's action this evening. Tom Archbold, counsel for Chili's, and Omela Beslagic-Sivula, Store Manager, expressed their sincere regrets on this violation. Mr. Archbold stated that Omela Beslagic-Sivula has been Adopted Council Minutes Regular Meeting of August 22, 2006 Page 5 of 13 working with the servers endlessly and tirelessly so that there could be 100% compliance with the alcohol checks. Ms. Beslagic-Sivula apologized and stated she doesn't have an explanation on what happened as they have an extensive training program for their servers. Every new employee goes through the training program which includes an instruction and test. After this third violation, every employee went through the training program again. She spoke of how the servers document the birthdates of people who purchase alcohol. She stated they are very serious about this issue, and it won't happen again. She commented on the support and donations that are given on behalf of Chili's to the schools and various programs in Plymouth. Mr. Archbold stated a suspension would affect the employees. They aren't making any exceptions, and they have zero tolerance. He added that Ms. Beslagic-Sivula has requested from corporate headquarters the card scanners that servers can wear to check identifications. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Councilmember Bildsoe noted that the next compliance check violation is revocation of the liquor licenses. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black to adopt a Resolution Imposing a $2,000 Fine and 15 day suspension as well as the five day stayed suspension from the second violation (Res2006-333). With all members voting in favor, the motion carried. 7.2) Alcohol Compliance Check Violation for Elm Creek Golf Links, 18940 Highway 55 Police Chief Goldstein reported on the second alcohol compliance check violation that occurred at the Elm Creek Golf Links, 18940 Highway 55 on June 3, 2006. He stated at the time of the violation, the licensee wasn't a member of the Best Practices Program. He noted that the City Code outlines a presumptive penalty of $1,000 and a 10 -day license suspension for a second violation by an on -sale 3.2 beer establishment not in the Best Practices Program. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein reported on the violation that occurred on June 3, 2006. He stated the employee didn't ask for identification from the underage buyer. The defendant pled guilty to a misdemeanor and paid a $300 fine. Jeff Wahl, General Manager of the establishment, apologized for the violation. He stated they have a very small staff, and they have weekly meetings to discuss checking identifications. They have added signage on their coolers to remind employees to check identifications. He acknowledged that during their busy times, they need to have additional meetings with their employees. Adopted Council Minutes Regular Meeting of August 22, 2006 Page 6 of 13 Mayor Johnson encouraged Mr. Wahl to join the Best Practices Program. There being no one else wishing to appear before the Council to give testimony, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black and seconded by Councilmember Slavik to adopt a Resolution Imposing a Presumptive Penalty of $1,000 and a 10 -day License Suspension Res2006-334). With all members voting in favor, the motion carried. General Business 8.05) Modification of Agreement for French Regional Park Councilmember Black stated she was contacted by Bob Donley and Marlyn Sjaarda regarding Three Rivers Park District converting a portion of their property to a dog park. She explained the City sold this section of property to the Three Rivers Park District with the intent that it be maintained as open space (property originally required as part of open space referendum in 1995). She stated the Three Rivers Park District didn't submit an amendment to its existing Master Site Plan as required by the 1995 cooperative agreement between the District and the City for this type of use. She reported on a proposed Resolution given to the Council this evening that would do the following: 1. The November 10, 2005 site plan amendment for French Regional Park would be revoked. 2. The Three Rivers Park District, its agents, employees, contractors and subcontractors would be directed to cease and desist from all work related to the off -leash dog park. 3. A stop work order would be issued. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to adopt a Resolution Revoking Plan Modification for French Regional Park (Res2006-313). Mayor Johnson commented that the City has already developed a 38 -acre dog park in the community. A friendly amendment was made to the motion by Mayor Johnson that the proposed letter attached to the Resolution be delivered to Three Rivers Park District. This was accepted. City Attorney Knutson stated a copy of the Resolution, if adopted, would be hand delivered to the Three Rivers Park District tomorrow, and the property would be posted "no work." If necessary, the City would request a restraining order. Councilmember Stein requested that City Manager Ahrens contact the Three Rivers Park District tomorrow morning before the Resolution and letter are delivered. There being no further discussion on the motion and with all members voting in favor, the motion carried. Adopted Council Minutes Regular Meeting of August 22, 2006 Page 7 of 13 8.1) Rezoning, Preliminary Plat, and Variance for "Rustem Wood" development located at 182408 1h Avenue North (Bohland Hadley Woods, LLC – 2006046) Senior Planner Drill reported on the request of Bohland Hadley Woods, LLC, for rezoning, preliminary plat, and variance for "Rusten Wood," a 24.2 acre site on the east shore of Hadley Lake that would be developed for 19 single-family lots and one outlet to provide public access to Hadley Lake. He noted that the variance would be needed for shoreland regulations to relocate the top of the bluff on one of the lots. He stated the Planning Commission conducted their public hearing on this item and voted unanimously to recommend approval of the development. However, the Planning Commission recommended that language be added to condition No. 8 of the resolution to specify that the outlot (intended to provide walking access to Hadley Lake) not include a trail or other improvements, except removal of buckthorn. He stated that recommendation is not reflected in the resolution because the use of the property cannot be restricted by a plat. He explained the site is guided LA -1, where two to three dwelling units per acre are allowed. The property would be rezoned to be the same as surrounding single-family areas. He noted that the site is very heavily wooded, and the developer would preserve 44 percent of the trees and would plant new trees in compliance with the City's tree preservation ordinance. He indicated that there would be buffer areas for the wetland, and along the lake, there would be a natural wetland buffer strip. He noted that the plan includes two water quality ponds on the site as well as sidewalks on one side of the street with the homeowners association maintaining those sidewalks. He stated the variance requested is for Lot 9, Block 2, where the developer would be relocating the top of the bluff 40 feet (at the greatest point) to the south toward Hadley Lake (the Zoning Ordinance specifies a minimum structure setback of 30 feet from the top of a bluff). He stated two major factors for the granting of the variance involve the location of 8t11 Avenue and location of the sanitary sewer connection for this site. He noted two concerns that were voiced at the Planning Commission's hearing. The first concern related to connecting 81h Avenue to Walnut Grove Lane, as residents felt that would create cut -through traffic between County Road 101 and County Road 6. Staff assured the residents that the street connection between Walnut Grove Lane and 81h Avenue would serve this development and the neighborhoods on either side of the development. Cut -through traffic is not anticipated to be a problem as it would not be obvious from either County Road 6 or County Road 101 that these streets connect, and drivers would not save travel time due to the circuitous nature of the route. He stated the residents' other concern involved lake access via Outlot A. He stated that the developer would dedicate Outlot A to the City, and the purpose of this outlet would be to provide residents of the neighborhood—who live within the walking distance, but not directly on the lake—with access to the lake. Although all of the land around the lake is currently privately owned, Hadley Lake is a public water body. He stated that members of the Hadley Lake Improvement Association voiced concerns that they feel the lake access would harm the lake quality by substantially increasing the use of the lake, and it would change the lake character for those who abut the lake. The association has spent over $300,000 over the past 25 years to improve the lake. Adopted Council Minutes Regular Meeting of August 22, 2006 Page 8 of 13 Park and Recreation Director Blank illustrated trails and access points to other lakes in the community. He stated it's a policy decision of the Council if they desire to proceed with an access point to Hadley Lake. Steve Bohl, developer, presented an amendment to the plan. On the north side of the plat, near Outlot A, they would propose to have only one access for emergency vehicles at Walnut Grove Lane. There would be emergency access signage on both sides of the roadway. He stated they could also sign 8tt' Avenue as "dead end." He stated they considered cul-de-sacs, but those would be difficult due to grade changes. Regarding Outlet A, they would be willing to grant an easement to the City, if the City needed to access the lake, but access to this outlot would be amenity for the neighbors, and it wouldn't be for the public. Councilmember Willis voiced his concern on how the vegetation would be affected by grading. Mayor Johnson asked if there would be covenants in order to preserve Outlot A. Mr. Bohl replied they would include whatever restrictions to satisfy the neighbors and the City's concerns. He commented he had considered an amenity, such as a gazebo in that area. Mayor Johnson asked Mr. Bohl if he would consider a modified conservation easement. Mr. Bohl replied yes. Chris Okey, 1125 Urbandale Lane, presented a proposal on behalf of the Hadley Hills and Pinecrest neighborhoods. Their proposal would delete the developer's proposed cut -through and be replaced with a cul-de-sac with a sufficiently engineered and maintained trail to easily and effectively permit emergency access to and from 8' Avenue and Walnut Grove Lane. He presented a petition indicating that 100% of the property owners were in favor of the proposal. He explained that this neighborhood is a "pocket neighborhood," which is a neighborhood with one or more access points with no value for non -neighborhood traffic. He then stated that if the cut -through as proposed by the developer were built, it would significantly increase traffic through the neighborhoods and introduce non -local traffic. He believed this would diminish the quality of life in the neighborhoods and place the residents at significant risk, increase a greater risk of crime, and place pedestrians in the neighborhood at increased risk of injury and death. He concluded by stating that the Hadley Hills and Pinecrest neighborhood proposal addresses the concerns and requirements of the City, the developer, future residents, and the Hadley Hills, Pinecrest, and adjoining neighborhoods, while still balancing the mitigating all risks, and maximizing safety and the quality of life. Eric Waage, 1450 Ranier Lane, stated he also represents the Hadley Hills and Pinecrest neighborhoods. He stated that allowing non -local, cut -through traffic to move between the neighborhoods will significantly degrade enough other safety factors to result in a hefty public safety loss for the neighborhoods. He stated that this is due to the statistical rise in crime and vehicle -pedestrian incidents that come with easy ingress/egress through the area due to the proposed cut -through. This degradation far outweighs the few seconds of response time that the proposed cut -through affords. He suggested that a trail for "emergency vehicles only" would be an enhancement for them if engineered properly. He stressed that this would only be an Adopted Council Minutes Regular Meeting of August 22, 2006 Page 9 of 13 enhancement if a reliable way to keep public traffic off the trail was determined. Otherwise, it would diminish public safety. Mr. Bohl stated they would continue the dialogue with the neighbors on these questions and others as they proceed through the process. Councilmember Willis stated since the Council doesn't need to act on the applications before them this evening until October 6, he requested that the discussion tonight be on changes that the developer could submit to the City to get issues resolved and not to approve the preliminary plat. Councilmember Black agreed and stated that she would like the neighborhood and the developer to agree to a design that would make the street issue more manageable for everyone. She stated regarding the Outlot A, she supports a public access to the lake, and she would be open to a conservation easement. She noted that she has concerns about erosion on the bluff area, and she is aware of mechanisms that could act as better controls for erosion. Councilmember Bildsoe stated he doesn't support the cut -through and public access to the lake. Mayor Johnson stated that she supports a cul-de-sac at Walnut Grove Lane, and access to the Hadley Lake doesn't have to be decided this evening. Many of these issues would still be worked out prior to final plat approval. Mr. Bohl stated he has a report on how to protect the bluff area. His preference would be approval of the preliminary plat this evening and direction on whether there should be public access to Hadley Lake. The remaining issues could be worked out with the neighborhood. He stressed that there would be no construction traffic through Hadley Hills during construction, and he would impose fines of $1,000 to his subcontractors if they violate this condition. Woody Kingman, 18550 6"' Avenue North, stated he is very concerned about the water quality of Hadley Lake. He stated the Hadley Lake Homeowners Association has committed their time and money to clean the lake. He noted that there are only 59 acres on Hadley Lake; therefore, the City wouldn't be denying Plymouth residents of that much access to the lake. He stated there are other lakes in Plymouth that can withstand the public pressure for access better than Hadley Lake. He requested that Outlot A be private not public, there be a conservation easement on the outlot, and the developer requires the 19 new units to be part of the Hadley Lake Homeowners Association. Don Kamis, 920 Brockton Lane, referred to his correspondence sent to the Council that noted his concerns on being sensitive to the wild animals and birds in this area. David Larson, 840 Brockton Lane, stated he is opposed to public access to the lake as this is a very fragile environment with the 15 -acre lake being very shallow. He stated the homeowners association treats the lake about four times a year to keep the weed population down. He noted that this lake is known for its bass, and if there is a public access to the lake, many residents not just local residents, will reduce the population of the bass. Adopted Council Minutes Regular Meeting of August 22, 2006 Page 10 of 13 Chip Brixius, 18520 6th Avenue North, stated the lake environment would be jeopardized with public access. With public access, there would be an increase in foliage within the lake as well as increased noise and pollution. He agreed that there is no compelling reason to establish public access to this lake with the other lakes nearby. Brighid Hansen, 690 Olive Lane North, requested to keep 8th Avenue as it is, and she stated that the proposed development isn't keeping with the current character of the neighborhood as well as with the Comprehensive Plan in terms of highest priority site. She stated this is an area that's a habitat for wildlife. She spoke of the City purchasing open space from the 1995 referendum, and this area was identified to be connected to open space. She indicated that she doesn't support the alternative presented by the developer this evening. A development of this size adjacent to a protected area would negatively impact that area. Therefore, she requested the application be denied. City Attorney Knutson stated the only way the City could tell the developer that he couldn't develop the property is to purchase the land. Ms. Hansen stated that is what she is requesting this evening. She requested that the Council include this property on the park and open space acquisition referendum to be discussed later on this evening's agenda. Mayor Johnson stated that would be impossible to do as the application before the Council needs to be acted on by October 6, and the referendum is on November 7. Steve Gardner, 10717 10th Avenue North, stated this development would remove another 2,000 trees. He predicted that in a few years, the proposed buffer would be removed so someone could view Hadley Lake better. He requested that the Council do a development that works with the environment. He suggested making the roads through the development smaller so more trees could be preserved. Doug Sauter, 18140 8th Avenue North, stated residents on 81h Avenue do not support a cut - through as it would be very dangerous. He stated the alternative plan presented this evening appears to be a solution that would work. Brian Pietsch, 18320 51h Avenue North, stated he is opposed to a public access on Hadley Lake. He stated he would support keeping the outlot in private ownership with restrictive covenants. Ron Goltz, 17615 8th Avenue North, stated he is opposed to not having a public access on the lake, unless there is the desire to put motorboats on the lake, and that would be another story. David Bardal, 18540 6" Avenue North, stated the Hadley Lake Owners Association has done an excellent job in maintaining Hadley Lake, and it would be wrong to provide public access to this fragile lake. He stated the outlot should be kept private. He stated once public access is granted, the Department of Natural Resources will approach the City to widen the area for boat access. He noted that the lake is essentially privately owned as the property lines go out into the lake, and there are many people who currently use the lake. Motion was made by Mayor Johnson, and seconded by Councilmember Bildsoe, to adopt the Adopted Council Minutes Regular Meeting of August 22, 2006 Page 11 of 13 Ordinance Rezoning the Property, a Resolution approving the Findings of Fact (to be altered with the proposal presented by the developer this evening — "Rusten Wood Alternative Plan,' Resolution approving PrelimmW Plat and Resolution gpprovingapprovingthe Variance. Councilmember Willis stated he isn't comfortable on approving the alternative plan that Mr. Bohl presented this evening, as he would like this to be reviewed by the engineers because of grading. He stated he doesn't like the sanitary sewer alignment for sanitary sewer that would affect the bluff, and he's concerned about cut -through traffic and the policing problem. Mr. Bold explained it wouldn't be a two lane through lane, but a one lane. This option was discussed with staff, and the watershed district officials have reviewed it. Mayor Johnson stated a "hammerhead" design could come through with the final plat. Senior Planner Drill added there are a number of options that could be reviewed prior to the final plat as well. Councilmember Slavik indicated her desire to approve the preliminary plat with the road and outlot issues resolved this evening. Councilmember Hewitt stated she would prefer a cul-de-sac at the north end of Walnut Grove Lane. She voiced her concern with a 14 foot trail and how this trail would be monitored long- term. Mayor Johnson noted there are other similar areas throughout the City. Councilmember Black stated her issue is that there would still be cut -through traffic as it's just a narrow strip. The trail might lessen it as it's not an actual road. Mayor Johnson stated with 19 homes, there is no need for a through street. Two individual neighborhoods would be united by a trail. If the developer changes the appearance of the trail, it would take on the look of a trail. If a hammerhead is able to be incorporated, it would look different. Councilmember Slavik stated a cul-de-sac would be her first choice, but she could support a hammerhead. She noted that this is a very unique piece of property adjacent to a sensitive water body. She indicated that she has communicated to the developer about how service vehicles have access to these homes, and with a hammerhead, the vehicles would be able to turn around. She stated she is concerned about policing it, but if it's landscaped and signed appropriately, that shouldn't be a concern. Motion was made by Councilmember Slavik and seconded by Mayor Johnson to amend the main motion to amend condition No. 8 of the Resolution Approving the Preliminary Plat to state Park dedication shall be cash fees in lieu of land dedication, in accordance with the dedication ordinance in effect at the time of filing of the final plat Appropriate easements be given to the City for access to the lake and future development of Outlot A." Adopted Council Minutes Regular Meeting of August 22, 2006 Page 12 of 13 Councilmember Black stated she wouldn't be supporting the amendment as this would make the outlet a private access. She stated if every lake association had this attitude, only lake owners would have access to public waters. She stated the lake is public waters, and it should have limited public access. She indicated that she would support a conservation easement. Councilmember Stein stated he also wouldn't support the amendment. He stated if the outlot couldn't have a bench and access to the lake as other lakes in the City, than that outlet should be made part of the adjacent lot. He also questioned that if the Council denies public access to Hadley Lake, would the Comprehensive Plan have to be changed. Senior Planner Drill replied the outlet could be handled either way, and when the Comprehensive Plan update is made in 2008, the public access to the lake could be removed. City Attorney Knutson added there is no requirement in the Comprehensive Plan that requires the Council to designate Outlot A as public access to the lake. Councilmember Slavik stated that Hadley Lake isn't a large recreational lake, and the homeowners association has invested a lot of funds to maintain the lake. She noted that the property owners aren't trying to create an exclusive neighborhood that can only access the lake. They encourage others to access the lake. There being no further discussion on the amendment, and with Bildsoe, Hewitt, Slavik, and Johnson voting yes, and Black, Willis, and Stein voting no, the motion carried. Councilmember Willis voiced his support for a cul-de-sac, rather than a through street connecting 8th Avenue to Walnut Grove Lane. He stated regarding the southeastern portion of the plat, he doesn't support the cut into the bluff to the depth of 24 feet which would have a 3:1 slope. That would do an enormous amount of damage to the bluff line as well as to the forest and woods. Park and Recreation Director Blank stated with a cul-de-sac design as Councilmember Willis suggests, it would work better for snowplowing. Walnut Grove Lane. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black to postpone this item to September 12 in order for staff to work with the developer on the option for a cul-de-sac as discussed and to continue to work with the neighborhood. With all members voting in favor, the motion carried. 8.2) Ballot Language relating to Land Acquisition for Future Parkland, Open Space, and Greenway Park and Recreation Director Blank reported on a Resolution ordering a Special Election on the question of issuing general obligation bonds and approving the ballot question for the acquisition Adopted Council Minutes Regular Meeting of August 22, 2006 Page 13 of 13 of open space and park property. He briefly discussed the staff report and stated that the Council discussed this item at Study Sessions held on July 27 and August 8. Councilmember Willis stated that he has given the Council an amended resolution that modifies the ballot language, and he requested that this Resolution be considered. Motion was made by Councilmember Willis, and seconded by Councilmember Stein to adop the amended Resolution Ordering a Special Election on the Question of Issuing General Obligation Bonds and Approving the Ballot Question (Res2006-335). With all members voting in favor, the motion carried. Report and Staff Recommendations 9.1) September 26 Council Meeting City Manager Ahrens noted that three Councihnembers would be absent from the September 26 Council meeting, and if appears that a fourth member would be absent, the Council would need to move this date or cancel the meeting. The Council didn't change the date but stated they would revisit the issue at the September 12 Council meeting. 9.2) Status on I-494 Median Barrier Installation Mayor Johnson reported that the installation of median barriers on I-494 has been delayed, but the project should begin in the next several weeks and be completed before winter. Adiournment Mayor Johnson declared the meeting adjourned ap at approximately 11:28 p.m.. andra R. Engdahl, dAy Clerk