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COUNCIL MINUTES MARCH 22, 2004 <br />APPROVED <br />527 Mr. Nadeau indicated they have fought a good fight. He stated in observing these proceeding they <br />0528 have found that information comes late to the City Council and Staff, noting the EAW that the City <br />529 Council was asked to vote on was received the night before the vote took place. He commented they <br />530 must ask why the plan was accepted with so much missing. He stated several new residential <br />531 developments will add even more traffic, and noted Mr. Rehbein's development is being required to <br />532 add roads to mitigate that impact. He advised the majority of residents living close to the church have <br />533 signed a petition asking the City Council not to approve this project. He stated the Heron Rookery <br />534 matters, and they matter. He indicated the City Council will be setting a precedent if they approve <br />535 this request. He stated he has been in construction for 25 years, and worked on the Grace Church in <br />536 Eden Prairie, and there was a lot of noise during construction. He indicated if the Council does <br />537 approve this, he hopes they will put restrictions on when the work can be done, noting the restrictions <br />538 they had to abide by in Eden Prairie. <br />539 <br />540 Councilmember Dahl asked him to specify those times. Mr. Nadeau indicated they could only work <br />541 from 7 a.m. to 5 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturdays. <br />542 <br />543 Barbara Bor, 7707 20th Avenue North stated her driveway is a short distance from this project. She <br />544 indicated for the sake of discussion she would bring it to Staff's attention that on the legal description <br />545 it refers to the property adjacent to this Rehbein parcel, when actually it has always been the Marier <br />546 property and Marier Farm. She stated she decided to take a diversion and tell a story. She told of a <br />547 Zen parable of a tiger chasing a man to the edge of a cliff, where he jumped over and clung to a <br />548 scruffy tree. She indicated at the bottom of the cliff was another tiger; tigers above and tigers below. <br />549 She explained on the branch he clung to was a ripe berry, which the man could just reach. She stated <br />•550 this is how she felt when the former owner of this property informed her he was going to sell, and that <br />551 the land would either become more homes or a larger church; tigers either way. She read a statement <br />552 about the search for religion, and how each of us, at some time, is brought to the cliff's edge. She <br />553 stated she is grateful for what this process has brought her; a better understanding of her neighbors <br />554 and family. She feels they have done their best, and are getting back to their lives, even as they lose <br />555 them. She thanked Councilmembers Dahl, Carlson and Reinert for listening to their story, and <br />556 thanked Staff for bringing some clarity to the issues that changed so frequently. She also thanked the <br />557 many organizations that have worked on this issue. <br />558 <br />559 Mayor Bergeson stated they have heard many opinions during the course of this project, and thanked <br />560 everyone for that. He noted the City Council has received many phone calls and letters, and stated if <br />561 anyone had additional information, rather than an opinion, that may be helpful for the Council to <br />562 make their decision he would open the floor one last time. <br />563 <br />564 Pat Smith, 6922 West Shadow Lake Drive indicated she attends Eagle Brook, and also has attended <br />565 the Rice Creek Watershed District meetings. She asked to clarify a couple of the conditions approval. <br />566 She stated as to the condition surrounding the ramp and turn lane, the church sees no issue with an <br />567 escrow of 125% of the estimated amount. She indicated they would also agree that the turn lane <br />568 needs to be completed before the occupancy permit is granted, and asked if that would address those <br />569 concerns. Councilmember Reinert indicated it would. <br />570 <br />571 Ms. Smith stated they have also reviewed the costs if delayed, and noted the church has agreed not to <br />572 do the well until after July 15th. She stated on the pad area they have an estimate for grading <br />• 573 equipment, and believe the decibel level will be acceptable to the Heron. She indicated they would <br />12 <br />