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• <br />• <br />CITY COUNCIL WORK SESSION December 3, 2007 <br />APPROVED <br />85 Eagle Brook Lights (at council request) — Council Member O'Donnell noted that this <br />86 matter was placed on the agenda with the understanding that Barbara Bor (a resident in <br />87 the area of Eagle Brook Church) would be invited to the meeting. Circumstances didn't <br />88 allow for that to happen so he is recommending that the matter be placed on the agenda <br />89 for the next council work session. Ms. Bor doesn't want to have a discussion on the <br />90 lights themselves but rather on the process that will be used for communication about the <br />91 lights and may want to invite other area residents. <br />92 Chief Pecchia reviewed the lighting history and situation at the Eagle Brook Church. <br />93 Approximately a year ago the department received information that there was difficulty <br />94 seeing officers directing traffic in the area. The department tried different approaches <br />95 and settled on asking for placement of temporary lighting by the church. While that <br />96 discussion occurred almost a year ago, it's taken a long time to get the lights and then to a <br />97 season when the lights are needed. Ms. Bor had an issue with placement as these lights <br />98 were initially used on an experimental basis and she approached the officers working. <br />99 That was a difficult time for them to discuss the matter but they did report the incident <br />100 him (Pecchia). There was also discussion occurring with MnDOT about lighting at 35E. <br />101 Currently the church is indicating that the temporary lighting may not be their choice and <br />102 they are looking at other options. It may be appropriate to wait to hear about those <br />103 options. The Chief noted that he had not communicated with Ms. Bor or other area <br />104 residents since options were still, open. He takes responsibility for not calling Ms. Bor to <br />105 inform her of their request to Eagle Brook. <br />106 A council member noted that the issue is about communication. It was noted that Ms. <br />107 Bor had pointed out when the conditional use permit (CUP) is considered, she had noted <br />108 her concern about the officers and lighting but it was ignored. Process requires that a <br />109 change in a CUP needs to be handled by the council and so the council should have been <br />110 more involved through the last year and half (not just staff). <br />111 There was some discussion about where the bounds of a CUP ends and where public <br />112 safety and the police department begins. <br />113 In response to a council comment that the CUP should include some consideration of this <br />114 issue, staff remarked that they don't necessarily see the use of temporary lighting as a <br />115 CUP issue; it's more of an intersection lighting issue at the call of the police department. <br />116 Administrator Heitke noted that this will be an item on the January work session agenda <br />117 or as soon as the best discussion can occur, based on all parties' input. <br />118 <br />119 ATV/Snowmobile Ordinance (at council request) — Chief Pecchia noted that he has <br />120 spoken with John McClellen who owns a tree farm on West Shadow Drive and he is <br />121 aware that Mr. McClellen wishes to drive his Rhino (heavy duty golf cart -type ATV) as a <br />122 work tool. The city's recently enacted ordinance would restrict that use on city streets <br />123 (not county roadway). The chief pointed out that Mr. McClellen does have a trailer and <br />124 has used that to transport the ATV in the past. Looking at the greater good and from a <br />125 public safety standpoint, the department has chosen to recommend restriction of the use <br />126 of ATVs on city streets. <br />