03/22/2004 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES MARCH 22, 2004 APPROVED 479 Councilmember Dahl asked if this was based on current traffic levels. Mr. Kodell indicated it is all •480 based on 2005 Saturday evening services. 481 482 Councilmember Dahl commented that during special services there would be more traffic. Ms. 483 Kodell indicated that special services are represented in the top model, which shows full capacity. 484 485 Karen Marty stated she is an attorney, practicing municipal law for 25 years. She has been the City 486 Attorney for several cities. She indicated she wanted to talk about how the City should view the 487 conditional use permit, and how this conditional use permit fits within the Comprehensive Plan. She 488 read an excerpt from the Lino Lakes City Attorney, noting that under State law a conditional use 489 permit can be issued when it can be shown by the applicant that it meets appropriate use. She 490 indicated if even one condition is not met, the conditional use permit should be denied. She stated 491 she wants to go through portions of the Comprehensive Plan, because in her opinion this project is in 492 violation of the Comprehensive Plan. She indicated the Lino Lakes Comprehensive Plan has a 493 general concept for the future development of the city. She stated within that general picture there are 494 some limits, and one is what property can be developed in each timeframe. She indicated this 495 particular property is not scheduled to be sewered until after 2010, and should not be developed until 496 that time. She stated the City also has to protect the character of Lino Lakes, and one goal to do that 497 is to protect over burden on the street system. She indicated this development will bring traffic to a 498 stand still, which is clearly an over burden. She advised under the city's staging plan, this property is 499 clearly to be left alone. She stated that finally, she wants to make it clear if the City approves a plan 500 in conflict with the Comprehensive Plan they are in violation of State law and their own City 501 Ordinance. She indicated that some details in the conditional use permit Ordinance have been 502 brought up, but one specific criterion is the level of service on a road. She stated according to Aft 503 Ordinance the level of service on a road cannot drop more than one service level, and can never drop 504 below a D. She indicated the best case scenario for this project shows traffic at a level E and F for 505 brief periods of time. 506 507 Ms. Marty indicated personal experience tells them the best case scenario cannot happen every time, 508 and there will be issues. She stated she would think one thing that would be important to the City is 509 what they would do in case of emergency during one of the church's rush hours. Emergency vehicles 510 would have no place to go, and could be delayed. She indicated the City Council has the power, and 511 in her opinion the responsibility to deny this application. 512 513 Bill Nadeau stated he is representing the neighborhood most closely impacted by this decision. He 514 indicated the neighborhood group, the Heron Group and many others have worked for two years to 515 bring this to an acceptable solution. He indicated the traffic management plan has been discussed; 516 however no other developer has been given the option to provide such a plan. He noted Eagle Brook 517 Church has changed their traffic numbers several times, stating the EAW shows worse traffic 518 scenarios. He indicated the City Council needs to consider the worse case scenario. He stated if you 519 drive down the road you will see they have eight services scheduled for Easter. He indicated the 520 church said it would grow 30% with the north campus, and their obvious plan is to grow. He stated 521 the City Council must know they will have no control over the number of services held once this 522 project is done. He indicated the resolution states this project must have no adverse affect on the 523 surrounding area, however many of them who live close have had their houses appraised, and will 524 have negative value impact on their homes from the increased traffic caused by this church. He stated Aft 525 4000 trips is not neighborhood friendly. lir 526 11