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COUNCIL MINUTES MARCH 22, 2004 APPROVED 241 the well, which is the noisiest of the construction. He stated Staff s view is if construction is delayed •242 now it would only be pushing it out next year. 243 244 Councilmember Reinert indicated that again, because of the sensitivities and concerns of the Heron 245 Group, he asked what the start time would be for the project, assuming approval. City Planner 246 Smyser stated they should discuss that with the church. He suggested City Council could allow them 247 to start grading but not actually building until after final plat. He indicated he would defer tot he 248 church on the schedule. 249 250 Councilmember Reinert indicated if they are not talking about a lot of time, and with the sensitivity of 251 the issue, and what they have gone through as a city to protect the Heron he is wondering if they are 252 being foolish to not extend the start time to July 15 to protect the nesting time. He asked if that 253 would be an acceptable situation. 254 255 Mayor Bergeson stated when the church does their presentation he would ask them to respond, and 256 when they reach the City Council discussion the Council can comment with their opinions on this 257 issue. 258 259 Susan Stinewell, Eagle Brook attorney, thanked Staff, the City Council, Environmental Committee 260 and everyone who has spent a lot of time on the project. She indicated the church is very appreciative 261 than their efforts. She stated as outlined, they do have a couple of comments on two of the 262 conditions. She indicated with respect to lighting, they are fine with the neighborhood proposal of 263 11:00 p.m. She stated with respect to condition #11 and construction of the right turn lane on I -35E 264 at CSAH 14, the church agrees it is an important interchange and the City needs to have a mechanism 265 in place to make sure it gets done. She indicated while the church could argue this is a State highway, 266 they did not go that route. However they do have a concern with the blank check phenomenon, as 267 they are not sure what a right turn lane will cost. She stated while they can estimate the cost of 268 bituminous, this is subject to approval of Anoka County and Mn/Dot. She advised the church has a 269 meeting scheduled with both of these entities on April 1st, and hope for resolution at that time. She 270 indicated their concern is as it reads now, the church is responsible for 100% of the costs, yet they do 271 not know the costs. She stated certainly many other businesses and groups will benefit from these 272 turn lanes, for the first concern is not knowing the cost, and they are hesitant to say the church will 273 pay whatever those costs may be. She indicated the second concern is saying no certificate of 274 occupancy will be issued until it is done., She stated condition 11A says the church cannot get a 275 building permit until agreement, but again that is a concern because the church is not building on their 276 land or the city's land, but on Federal property. She indicated they are willing to move this forward 277 as quickly as possible, as evidenced by the meeting scheduled for April 1st, but they cannot move the 278 Federal government. She stated they are willing to do what they can, but do not want the occupancy 279 certificate hinged on it. She indicated they are proposing a financial security, which is done all the 280 time when there is a public improvement; to make sure it gets done. She stated this would be done 281 after there is agreement on what needs to be done. She indicated the church is proposing a $30,000 282 escrow, which is a lot for a church, but they feel it is a reasonable number. She commented she is 283 joined this evening by a host of consultants, engineers, builders, church members and members of the 284 stewardship team. She stated they are prepared to answer questions on the scheduled start time, and 285 the Heron nesting. She thanked everyone again for his or her hard work and kind consideration. 286 Am 287 Barb Bauman, with Eagle Brook Church, thanked the City Council for having them here tonight. She lip 288 indicated she could speak to the Heron issue, which is close to their hearts as well as the City Council 6