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Home My WebLink About03/11/2002 Council MinutesDATE TIME STARTED TIME ENDED MEMBERS PRESENT CITY OF LINO LAKES MINUTES : March 11, 2002 6:34 P.M. : 10:25 P.M. : Councilmembers Carlson, Dahl, O'Donnell, Reinert, and Mayor Bergeson : None Staff members present: City Clerk, Ann Blair; City Administrator, Linda Waite Smith; Community Development Director, Michael Grochala; Economic Development Assistant, Mary Alice Divine; City Attorney, Bill Hawkins; Environmental Specialist, Marty sleson; and City Engineer, Jim Studenski. SETTING THE AGENDA Mayor Bergeson noted staff had requested the addition Approval of Resolution No. 02-19, Approving Temp Sale Temporary License for One -Day Event, Circle - 7F, Consideration of License Agreement for Ry commence improvements. The agenda was approved as amended. CONSENT AGENDA Councilmember Dahl move seconded the motion. Motion carried unanimously. ITEM Agenda item 1B, Consider et -Up Liquor License and 3.2 Beer On- s Club, and the addition of agenda item anies US, Inc., to enter City property to Consent Agenda, as amended. Councilmember Reinert ACTION A. CONSIDERATION OF EXPENDITURES: i) March 11, 2002 (Check No. 64435 - 64531, $225,685.69) Centennial Fire District (Check No. 13103 — 13127, $20,417.65) Approved Approved COUNCIL MINUTES MARCH 11, 2002 Consider Approval of Resolution No. 02-19, Approving Temporary Set-up Liquor License and 3.2 Beer On -Sale Temporary License for One -Day Event, Circle -Lex Lions Club OPEN MIKE No one was present for open mike. FINANCE DEPARTMENT REPORT, AL ROLEK There was no Finance Department report. ADMINISTRATION DEPARTMENT REPORT, DAN TESCH There was no Administration Department report. PUBLIC SAFETY DEPARTMENT REPORT, DAVE P There was no Public Safety Department report. PUBLIC SERVICES DEPARTMENT REPORT Rr EGARDNER There was no Public Services Department repo COMMUNITY DEVELOPMENT DEPA C MENT REPORT, MIKE GROCHALA i) Public Hearing, FIRST RE , rdinance 03-02, Peltier Lake Surface Water Zoning, Considering the a ® do , of s rface water zoning requirements for Peltier Lake • ii) Consideration of Joieement with the City of Centerville, Marty Asleson — Environmental Specialist Asles®-advised Peltier Island is a 30 -acre island on the north end of Peltier Lake and hes within the Rice Cre jc Chain of Lakes Regional Park Reserve. Peltier Island and the surrounding lake contain a very unique and environmentally sensitive ecosystem. This area is sensitive because of the shallow water depths, unique aquatic vegetation, and a muddy bottom that is rich in nutrients. The area is also sensitive because of the unique colony of great blue herons and great egrets that nest on the island. In fact, Peltier Lake Island is classified as the second largest heron colony in the Twin Cities Metropolitan Area. Environmental Specialist Asleson indicated records of the herons' nesting habits in the Rice Creek Chain of Lakes Park Reserve have been maintained since 1945. Historically, there were three nesting sites in the Lino Lakes area. The birds appeared to have migrated to a single nesting area located on Peltier Island. However, in June of 2000, the herons and egrets began deserting the island, leaving behind nests, eggs, and offspring. In 2001, the colony was abandoned once again. COUNCIL MINUTES MARCH 11, 2002 Environmental Specialist Asleson reported on January 23, 2002, a task force of stakeholders met to discuss the problem. The group identified a number of possible reasons that may have lead to the disappearance of the birds. Several strategies were formulated to protect both the bird colonies on Peltier Island, as well as the unique vegetative and aquatic features on the north side of the island. The creation of a no -wake zone area around the north side of the island was suggested and unanimously supported by the task force. Environmental Specialist Asleson indicated the purpose of the no -wake zoned is to minimize human disturbance to adjacent nesting birds, aquatic vegetation, and water quality around the island. The need for buffer areas around nesting birds is well documented. Research indicates the need for at least a 300 -meter nesting and buffer zone for great blue heron nests, and that the birds tend to abandon nests when larger disturbances occur within 500 meters. The effects of intensive motorized watercraft use in shallow lake areas is also well documented. Environmental Specialist.Asleson advised the proposed ordinan lying north of the southern section lines of Sections 10 and 11, at the southern boundary of Rehbeins Peltier View Subdivisi proposed, is generally consistent with a 500 -meter buffer wake zone would be in effect 24 hours per day all year. Environmental Specialist Asleson stated regulating governments. Regulation is achieved through loci governments involved in the issue of regulatin Centerville. As part of the ordinance adoptio Agreement. The Joint Powers Agreement enforce the ordinance requirements. Environmental Specialist Asleson i notification of this area on ake. Natural Resources Conservati letter of support for adoption o e for Council review. would establish a no -wake zone p 31N, Range 22W, starting Lakes. The defined area, as e bird nesting habitat. The no - lakes in Minnesota is delegated to local ance establishment. There are two local eltier Lake, the Cities of Lino Lakes and ocess, the two cities will need to pass a Joint Powers ement between the two cities to jointly adopt and a County would be responsible for posting and oka County Sheriffs Department and the Department of d be responsible for the enforcement of this ordinance. A o dinance from Anoka County was included in the agenda packet Environmental Specialist Asleson noted the Peltier Lake Association met on March 4, 2002 to discuss this issue. City staff understands that the Association is proposing a modification to the proposed no - wake zone that would be acceptable to Association members. Staff would welcome any modifications that alleviate Association member concerns while still addressing the stated environmental concerns. Environmental Specialist Asleson stated during a recent Council work session, the Council had asked that Anoka County submit a letter to the City depicting their preference for a no -wake zone. He presented a map showing two alternatives proposed by Anoka County for a no -wake zone south of the Lake Peltier island. He indicated Anoka County would prefer adoption of no -wake zone Alternative No. 1. COUNCIL MINUTES MARCH 11, 2002 Environmental Specialist Asleson noted Section 11I.A.2 of the proposed Joint Powers Agreement should be amended to state, "A slow no -wake speed -24 hours per day all year in an area to be determined but generally to the North of..." Environmental Specialist Asleson advised staff recommends approval of the Joint Powers Agreement with the City of Centerville, as amended, and approval the first reading of Ordinance 03-02, regulating the surface use of motorized watercraft on Peltier Lake in the Peltier Lake Island area. Councilmember Dahl noted the map from Anoka County depicting their preferred locations for a no - wake zone showed Alternative No. 2 as running 200 feet south of the southern end of the island. She requested the distance of Alternative No. 1 from the southern end of the island. Environmental Specialist Asleson indicated Alternative No. 1 appeared to run slightly less than 400 feet from the southern end of the island. Councilmember Carlson noted two letters had been submitted 8, 2002, but on different letterhead. However, both letters appe She requested confirmation that Anoka County was recomm unless there is a majority of support and testimony towards Specialist Asleson stated this was correct. Anoka County, both dated March ontain similar information. adoption of Alternative No. 2, ative No. 1. Environmental Mayor Bergeson noted there will likely be a number of the audience members would be respectful of opi all audience members who wish to speak to ham ent opinions this evening and he hoped at are different from their own. He wanted ! G ortunity to do so and asked that speakers representing themselves provide their names ,addresses and those representing an agency provide their names and the name of the agency th r , esenting. Mayor Bergeson opened the public h at a Council work session, Rod K the end of the meeting to spe He 50 p.m. He noted when this issue was last discussed r of the City's Environmental Board, waited until Mr. Kukonen to speak first this evening. Mr. Kukonen stated on Febru. 2012 the Environmental Board voted to recommend that the City Council enter into the proposed t Powers Agreement with the City of Centerville. It was the hope of the Board that the proposed ordinance would decrease the amount of noise and physical disturbance in the Peltier Lake island area and encourage the return of the City's symbol, the great blue heron to the nesting sites they have abandoned the last two years. Mr. Kukonen stated the Environmental Board's handbook for planning, conservation and development, which is now part of the City's Comprehensive Plan, suggests buffer areas with a width of approximately 1,000 feet or greater are needed to protect heron rookeries. He stated the Wild Land Urban Interface project, which the Board recently participated in through the Minnesota Department of Natural Resources, also looked into this issue and recommended that human activity near the island be restricted. For these reasons, the Environmental Board felt the proposed ordinance was a reasonable request. 4 • COUNCIL MINUTES MARCH 11, 2002 Connie Grundhofer, 235 Linda, stated she was present this evening representing herself, not the Environmental Board. She stated approximately 27 years ago, the area that now contains the Anoka County Golf Course, had been filled with woodpeckers. However, once the golf course was developed it was felt, in order to beautify the area, a number of dead and large mature trees needed to be removed. She indicated the removal of these trees eliminated the pileated woodpecker from the area. Subsequently, the West Shadow Lake Road area was developed and eliminated the red-headed woodpecker. Ms. Grundhofer presented photographs of three types of nesting colony birds on Lake Peltier island, the great blue heron, the common egret and the black cat night heron. Additionally, the green heron feeds at the island, as well as the forester's tem, which is currently on the State of Minnesota's special concern list, as is the bald eagle. Ms. Grundhofer stated the Lake Peltier island is very precious d should be protected. She felt that the City needs to be concerned about the preservation of its s as well as the other birds and _. plants in the area that are in danger, are of special concern and/or eatened. Liz Wegner, 1525 Peltier Lake Drive, acknowledged that Council to make. She stated the high-speed activity on eliminated and a no -wake zone north of the bog poles feel very passionate about this issue. be a difficult decision for the City ide of the island should be d be approved. She stated many people Ms. Wegner stated she and her husband would approval of option number one presented during the March 4, 2002 Council work sessi the Peltier Lake Association, which would include the use of the existing bog poles to post a one. She noted a letter dated January 23, 2002 from the James Ford Bell Museum of N, al story to the Department of Natural Resources stated the community should be encouraged o : no -wake zone north of the bog poles. Additionally, a letter provided to the Peltier Lake m a representative of the Rice Creek Watershed District stated that the area n h of the ''nd on Peltier Lake deserves special attention. Ms. Wegner indicated subsequ discussed this matter and agreed would be their recommendation. minds. to t ` e March 4, 2002 Council work session a group of residents t option number one provided by the Peltier Lake Association owever, some members of that group have since changed their Ms. Wegner stated she would like to work with the City, Anoka County and other involved agencies to return the island area of Peltier Lake back to something that closely resembles what it was. She did not feel unsightly markers and buoys will accomplish this goal, rather she felt the bog poles should be utilized to define and notify boaters of the no -wake zone. She also supported signage at the boat launch to educate the public on what this ordinance is attempting to accomplish. Arthur Hawkins, 6102 Centerville Road, read the following statement to the City Council: COUNCIL MINUTES MARCH 11, 2002 "I support passage of Ordinance 03-02 as quickly as possible in hopes that it is not too late to save the crown jewel of the Anoka County Chain of Lakes Parks and Judge Wargo Nature Center as well as the City's identity (and logo). The undisputed fact is that the Peltier island heronry, one of the best in the State, was deserted in 2000 and 2001 with eggs or young in the nests so that the production of two years was lost, totaling an estimated 2,400 birds. For nesting birds to desert with young or eggs in the nest requires some catastrophic event, either natural or man-made. Dr. Scott Lanyon, Director of the Bell Museum and Professor in the Department of Ecology, Evolution and Behavior, and former Chairman of the City of Lino Lakes Environmental Board, has examined nine possible scenarios that might explain the sudden mass exodus from this nesting colony. His analysis included such factors as disease, weather, food, tree health, presence of eagles, noise from highway construction, h an disturbance other than noise and motor boat disturbance close to the island. His conciusf ollows: `It remains • possible that the noise associated with the construction (35W) was p is •r even completely responsible for the abandonment of the colony in 2000. However 't cannot be the primary cause...in 2001.' (No construction was going on in 1 1) Regarding the motor boats close to the island he said: "It appear likely that this coul�r sufficient disturbance to cause a mass abandonment of this colony...' As part of my job as consultant for the M management of the Peltier island hero desertion in heronries across the Co or other natural causes but the gre iY ests' Department of Natural Resources on ed the literature regarding causes of Occasionally, desertions are due to weather events are due to human disturbances. From my studies of this situat recommendation that a no -w urgency of such actio hould providing another ch opportunity is extremel with the findings of Dr. Lanyon and with his motor boats be created around the island. The e underestimated. If the colony reassembles this year, em, we can all thank our lucky stars because another Vicki Nass stated she serves as the supervisor of the Soil Water Conservation Department of Anoka County, however, she was not present this evening in that official capacity. She stated she lives in East Bethel and indicated the birds which the proposed ordinance would attempt to save are the same birds that come to her backyard. Therefore, the decision made this evening will affect all of Anoka County and likely a large amount of Washington and Chisago Counties. She stated the birds are not just the City of Lino Lakes' resource, rather they are every citizen's resource. Ms. Nass stated she has been involved in the nest counts at the Peltier Lake island, which reduced from 1,100 to 350. She stated she has been a State and Federally licensed wildlife rehabilitator for over 10 years and has had the joy of having herons living with her in her house while attempting to save their lives. Additionally, people from all over the State as far as 100 miles away have driven to her home to bring injured birds to her for her care. 6 COUNCIL MINUTES MARCH 11, 2002 Ms. Nass stated last year when she visited Peltier Lake island she found dead baby birds hanging from the lower branches of the trees because their parents had abandoned them. She stated wild animals do not abandon their children and she believed the problem at Peltier Lake is human disturbance. She did not believe the eagles were causing the abandonment of the birds since she is aware of examples within the State of Minnesota of eagles and herons cohabitating. She stated this will occur providing there is plenty of food and Peltier Lake has an abundance of fish. Ms. Nass stated the intent of the proposed ordinance was not to ask people to give up the use of the lake, rather the intent would be to create a no -wake zone around the island so the fish, animals, water quality, and rare and endangered plant species are protected. Gerald Lawson, 1699 Long Lake Road, stated in 1947 he began flying at Rice Lake and flew there for many years. He stated he moved to Lino Lakes in 1952 and had noted the decline in birds at Rice Lake did not begin until the development of the east side of th lake with the golf course, houses, etc. He stated he lives on Rice Creek and the birds that had been seen, t the creekare no longer to be found. He believed the birds began to disappear during the ear s, around the same time high- speed boats and jet skis became popular. He believed the in s • : hese high noise makers drove the birds away. He felt that the speed boats and jet skis sh. b kept away from the island and he expressed support for the proposed restrictions to Peltie Shelly Farmerie, 7425 Peltier Lake Drive, stated sh did not believe there were enough facts to determ noted other possible factors that have been dis planes to the north of the island, a decrease in po the proposed no -wake zone since she reason the bird colonies are failing. She h as the I -35W construction, the use of float supply and the closing of Trout Air. Ms. Farmerie noted when she first move which has since decreased. Addition area, which are predators. Lakes there had been a high population of frogs, as been an increase in the number of eagles in the Ms. Farmerie stated other roo She did not want the herons to wake zone would extend around ut the State of Minnesota are posted for no trespassing. ve this area either, however, she questioned why the proposed no - south end of the island, rather than begin at the bog poles. Ms. Farmerie stated she and her husband intentionally purchased a home on a lake with no restrictions. She gets nervous when new restrictions are proposed and she believed this issue could have been handled in a more proactive manner. She noted the Peltier Lake Association held a meeting, which had a large turnout, and the residents all wished to work together to resolve this issue. She indicated the Association Members worked as a team to develop a proposal, which she supported. Councilmember Dahl requested clarification of which option Ms. Farmerie preferred. Ms. Farmerie stated she preferred the Peltier Lake Association's option number 1, which would provide for a no- wake zone north of the existing bog poles and the use of the bog poles for notification. Dan Pavlik, 8550 156th Lane NW, Ramsey, read the following statement to the City Council: COUNCIL MINUTES MARCH 11, 2002 "Along with my family, I am an avid fisherman, outdoorsman, and recreational enthusiast. I am involved with two lake associations; one is Fish Lake near Clearwater, and the other on Ball Bluff Lake in Aitkin County. Because of my involvement with the people on these lakes, I know how important it is to be active in the proper use of these resources. My experiences have taught me that you must take action and stand up for what you believe in, as well as keeping in mind other's rights to use these resources. This is especially important when there is a need to defend your rights as a responsible user of this State's treasured resources. I have come here today for two reasons: One is in support of Jerry Lindner and the majority of the property owners on Peltier Lake, who do not want to impose restrictions on water ski courses. I have known Jerry for quite some time. Approximately six years ago, Jerry was employed by the company we now both work for. I have come to know Jerry as a co-worker and lately as a good friend. We are friends because we share the same beliefs in family. These value systems will provide a solid foundation of children -and subsequent -generations can build upon. I person of integrity, honesty, and to be considerate of of learned a lot from him on how to deal with people of cultural differences. I have found him to be a fair, possesses a lot of common sense. ove, honesty, and integrity that our o always known Jerry to be a ur work relationship, I have ersonalities, diversities and rate, and a levelheaded person who Jerry provided me with background literatur on ` = sides of the issue. I understand that this has also been provided to the members of - e Association, and the City Councilmembers in previous meetings. I have studied b • - . . a and facts, as well as what I consider to be propaganda that has been submitted i effort to demean the character of people who oppose the restrictions, and to paint an ina . e` cture of the issue at hand. I do not question the sincerity of the person, or person t to impose "no -wake" and "no slalom course" restrictions, but do question t o s and accuracy of the facts. The second reason I . here is ° x nice my right as a recreational user of the lake. I go to Lake Peltier several ti e , to ; joy fishing and recreational activities with my family. In my dealings with the of ass s ciations I have found that when guidelines, rules, and laws set by our State's governing dies are followed, they are sufficient to control the resource. Fish Lake, a small lake just south of Clearwater, is a 100 -acre lake surrounded by year-round homes, and lake cabins. My in-laws retired and built a home on this lake. It is very heavily used by boat traffic. We have had no issues with boater control on this lake, and have found that the boating guidelines and laws set by the State to be sufficient to regulate this boat traffic. We have never had complaints when ski courses have been set up on the lake. We do not want to impose restrictions on this lake for any "no -wake" zones, as it limits the property owners' use, and defeats the purpose of why you live on or use a recreational lake. In regards to fishing, there are marker buoys, and sometimes ski buoys, that have been set on the lake for obstructions, and navigational aids. Myself and other fisherman have actually used these for fishing as the fish are attracted to the cover and baitfish around these buoys. In regards to water quality, we have had the lake sprayed the last three years to improve water clarity. This is due to the algae bloom. It has been our observation that this is the most significant factor to water clarity, and not the size or amount of boat traffic. 8 COUNCIL MINUTES MARCH 11, 2002 At my parent's property, on Ball Bluff Lake, we have recently seen an increase of aquatic vegetation, due to low water levels and increased water temperatures. Most of this is floating coontail. The reference to this vegetation being uprooted by powerful motors can not be true, as coontail is a dense mat of floating aquatic vegetation that has no root system. Most boat motors cannot navigate through coontail, as it instantly clogs the water intakes and boat props. Fishing in this type of vegetation is virtually impossible. After reviewing the literature I do not believe that the heron rookery is being affected by boat traffic. I believe that the heron rookery is being used as an excuse to impose restrictions. I do not believe that a slalom ski course limits the use of the lake by anyone. I do not believe that "no -wake" zones and slalom course restrictions are needed. My experience tells me that once this ball is in motion, more restrictions and limitations are sure to follow suit. When you consider the facts and data, I am confident that you wil make the correct decision on this proposal. Thankyou for allowing me the.opportunity ce my rights, and speak to you tonight." Deb Peterson, 208 Palomino, stated she has listened to the acknowledged there is no clear answer as to what has ca However, she questioned what would happen if the C the proposed no -wake zone to determine if human d Ms. Peterson stated the rookery on Peltier Lak residents living on the lake. With regard to egrets on the pond near her house and, wh Ms. Peterson stated her daughter will She would not want to have to tell lived in the area but have dis ..eared. ions regarding this issue and erons to leave the Peltier Lake area. uncil did not have the guts to implement e is the cause. a community asset, not just an asset of the estion of human disturbance, she indicated there are s outside her door, they leave. nd grade next year at Blue Heron Elementary School. the future that the name sake of her school had Ms. Peterson stated she and her sb. ` d are boaters and have boated on Peltier Lake. She felt the southern end of the lake should b adequate recreation area. She did not believe the proposed no - wake zoned would be a hardship. She stated she would prefer that a no motorized boating restriction be imposed on the north end of the lake. Ms. Peterson stated she was not familiar with how long Trout Air had been in business and noted that comments have been made that it had been the source of food for the herons. However, she believed the birds were in the area long before the opening of Trout Air. Henry Farmerie, 7425 Peltier Lake Drive, opposed the proposed restrictions on Peltier Lake. He noted the primary reasons for the restrictions were to prevent birds from abandoning the rookery on the island and to preserve the aquatic plants on the north end of the island. He indicated there were many other possible reasons for the abandonment of the herons, such as the presence of bald eagles, the closing of Trout Air, float plane activities, and reduction of food source. Additionally, he had heard that the over population of herons in one area could result in too much competition for feeding COUNCIL MINUTES MARCH 11, 2002 and ultimately drive the birds away. He noted there has always been high speed boat traffic south of the island, including during the time the heron population was flourishing. Therefore, he did not believe boat traffic caused the birds to leave. Regarding the benefits of aquatic plants, Mr. Farmerie stated he had been north of the island several times last summer and found the weeds were too thick to be beneficial. He felt if the water skiing north of the island created a straight line area of reduced weeds, this would benefit the area and compensate for the overabundance of weeds elsewhere. However, if the consensus is that high speed boating north of the island is indeed damaging water quality, then he felt a no -wake zone should begin at the bog poles, as recommended by the Peltier Lake Association. He believed if the no -wake zone line is drawn south of the island it will have a negative effect on the value of the lake properties. He stated when searching for a lake home, he and his wife specifically ruled out lakes with restrictions since they viewed this as undesirable. Since many other people feel the same way, he believed the no -wake zone would reduce the number of buyers nterested in living on the lake. pkv Mr. Farmerie believed the issue of a no -wake zone had been pr skiing activity north of the island. Assuming this was the case draw the no -wake zone line south of the island versus at th Association. y people opposed to water it would be overly excessive to es as proposed by the Peltier Lake Gerald Lindner, 7413 Peltier Lake Drive, stated he is a . ` ~ ` ore owner on Peltier Lake and he expressed his appreciation for this opportunity to pe. He provided the City Council with a packet of information he intended to review this even_ gated he is an honest, ethical person involved in his community and church. He teaches rel. ```fi and coaches his three children in sports all year long since having moved to Lino Lakes in Mr. Lindner stated the sport of water wholesome family sport that can be enjoyed by all. The slalom course is 850 feet by 75 e less intrusive by submerging it to the bottom of the lake with a newly design Accus urse. Mr. Lindner stated in past discu ions with Peltier Lake Association members, and during the Association meeting on March 4, µ 02, which was conducted by Robert Rules of Order, it was clear that the majority of the lakeshore owners do not want restrictions on Peltier Lake. He also believed that his water skiing on Peltier Lake does not disturb a majority of lakeshore owners. He noted the public safety record by the Lino Lakes Police Chief, which was included in his packet of information. Mr. Lindner stated, based on this sensitive situation, during the March 4t1 Association meeting, he had compromised by agreeing to locate his slalom course on the main part of the lake, south of the island. He noted the Anoka County Sheriff controls the permit process. He added that, during the Association meeting of March 4th, he and Wayne LeBlanc shook hands and agreed that they disagreed and to put the past events behind them. • Mr. Lindner stated he wished to find out why the heron rookery failed in 2000 and 2001, without unnecessary blame and restrictions. Based on his low noise level measurements of 58 to 63 decibels, (although he believed the herons are accustomed to relatively low noise) and not skiing during the • 10 COUNCIL MINUTES MARCH 11, 2002 heron's critical nesting period, April 1 to mid to late June, in 1997, 1998, 1999, 2000 and only once in 2001, he believed there was some other reason. He presented the City Council with a summary chart of the lake's history. Mr. Lindner noted one food source of the herons in the British Columbia rookery is black bullheads, which is similar to the Lake Peltier rookery. He believed this food source is decreasing with the introduction of game fish, which are eating black bullhead eggs and young (comprised to be the highest species, 60 percent, of fish in Lake Peltier, based on a 1997 Department of Natural Resources survey) in Lake Peltier and Centerville Lake. Herons and egrets have begun to search in larger areas for food. Additionally, herons have been noted to feed from dusk to midnight, and again in the early morning. He felt that this could explain why Custer did not see herons feeding at Trout Air. Mr. Lindner noted bald eagles had been removed from the endangered/threatened species list in 1999. From a 1998 survey, bald eagles have increased eight fold sinc- 1972. He and his neighbor have noted the presence of a number of eagles that live on, and arou ltier Lake. Additionally, his neighbor, Dick Hansen, made the following observations of ea: eron activity in his front yaid: "Often, eagles frequently land on my large cottonwood tree . shore. When they fly in, my resident heron departs from my dock only to return when t g as left." Mr. Lindner indicated the Great Blue Heron article frew Peltier Island Heron Rookery Task Force packet referenced predatory behavior by bald eagles On sday, March 7, 2002, he discovered at the University of Minnesota library numerous art biting a past history of heron rookeries being ransacked, food stolen, herons attacked, n mature herons taken from their nests, and herons killed and used by the eagles for food. ee-year study stated what happened in a Coquitlam Rookery in New England, whe f bald eagles nested near the colony, nearly identical to the Peltier Lake colony. He ted, 'a pair of bald eagles nested in the center of the Coquitlam colony and apparently cauplete abandonment, even though some eggs were laid...In the Pener Harbour colony.speared to be using the heronry as a free lunch counter. Several times durinhat s _ eagles were seen to take young birds from nests, and occasional predation on adult c The heronry remained unoccupied, but occasional disturbance by the eagles cause " e a• ult herons to leave the colony for much longer periods than would usually be the case. This 1 permitted predation by ravens. Ravens took eggs and young birds. They would knock nestlings to the ground where they would eat the entrails...In the Crescent colony, it was abandoned after egg laying, perhaps because of nearby nesting eagles, and the herons did not return in subsequent years. Crows apparently destroyed the abandoned eggs..." Mr. Lindner noted another independent study by Donald Norman in 1989 documents eagle incursions where "The eagle ripped apart and consumed at least two chicks approximate three weeks old...in addition to our observations, we received reports of eagle -heron interactions by local residents for seven of the eight colonies studied. Residents near the Powell River colony repeatedly observed adult eagles carrying heron chicks towards the eagle's nest. No young fledged from the Powell River colony, even though eight of eleven nests observed weekly were known to contain chicks. This suggests that eagle predation is more widespread than our two documented cases. Eagles can also cause adult herons to leave nests, leaving eggs and small young vulnerable to chilling and predation by corvids. Eagles may be an important factor affecting heron productivity." Mr. Lindner believed 11 COUNCIL MINUTES MARCH 11, 2002 this helped to substantiate a very strong possible link between the eagles and the abandonment of the Peltier Lake rookery for the past two years. Mr. Lindner stated there are already laws in place to protect aquatic plants. He indicated page 12 of the Minnesota Department of Natural Resources Guide to Aquatic Plans states it is not permitted to remove aquatic plants from an undeveloped shoreline. Additionally, he noted other laws already exist to protect individuals and shorelines. Per the Minnesota Boating Guide, "It is against the law to operate a watercraft so its wash or wake endangers, harasses, or interferes with any person or property." Mr. Lindner indicated he has learned a tremendous amount about individuals, organizations, government, wildlife and aquatic plans in the last several years. He reiterated that he and Mr. LeBlanc shook hands during the Peltier Lake Association meeting on March 4th and agreed to put the past behind them. He felt it was clear that the majority of the 1 eshore owners do not want restrictions and noted the herons and egrets have flourished fro X489 until 2000 without restrictions:- ' Additionally, aquatic vegetation has established itself with the ``, ®oating activity, also without restrictions. Mr. Lindner noted he has agreed to a compromise by mo4p kiing to the main part of the lake, south of the island. He indicated the Saint Paul Water' tilty has agreed to assist the Peltier Lake Association in the installation of as many bog poles as ne ary. Mr. Lindner stated eagles, based on several inde herons. He indicated there is not one, but tw Lake heron rookery. The nest on Peltier I centrally located because of the pond. T same pattern as the Coquitlam Rooke Mr. Lindner indicated data s and four percent in Anoka Co personal property and people. simply need to be enforced. studies of numerous rookeries, prey on d eagle nests within close proximity to the Peltier the same location where the rookery used to be rookery on Peltier Island appears to be following the as completely abandoned. on lake use are low statistically, four percent Statewide laws are already in place to protect aquatic vegetation, did not believe duplicate laws are needed, rather the original laws Mr. Lindner asked the City Council to not adopt the proposed ordinance since there is no evidence that herons are leaving because of skiing activity and because the current regulations protect aquatic plants, individuals and shoreline property. He noted signs have been added within the last two weeks to the island for no trespassing from April 1 to July 15. He asked that the Peltier Lake Association be allowed to work with the Ecology Services and the Division of Fisheries at the Department of Natural Resources, the Rice Creek Watershed District and the Anoka County Parks Department to help improve the lake's ecosystem. Amy Donlin stated she serves on the Environmental Board but was present this evening representing herself. She did not feel the Peltier Lake island could be protected enough and she would prefer the adoption of Anoka County's no -wake zone Alternative No. 1. She felt lucky to have eagles in the area and she wished she could trust people to care for the natural resources. She noted the Anoka 12 • • COUNCIL MINUTES MARCH 11, 2002 County Parks and Recreation Department had identified plants, birds and wildlife in this area that need to be protected. She has observed water skiers on Goose Lake in White Bear Lake who set up their activities with no regard to the water foul. She has witnessed a bare -foot water skier plow right into a group of loons. She did not feel the City should simply expect people to proceed with common sense. Ron Marier stated his property would be located within the proposed no -wake zone. He stated he has witnessed blue herons and eagles coexisting for more than 40 years. He noted a statement had been made that the majority of the Peltier Lake Association members do not want restrictions on the lake, however, he believed the majority of the Association members were looking for some sort of restrictions to protect the natural resources. Mr. Marier noted for years the north end of the island had been protected and there had almost never been human encroachment during the heron's sensitive nestin:. time. However, since the 1990's there has been a great deal of impact to the fragile environment of n. nd of the island through water skiing and other boating activity. Mr. Marier noted the Peltier Lake Association had recomm ® ed two options to address this issue, the use of bog poles to delineate a no -wake zone to the no e island and a no -wake zone beginning south of the island similar to those reco dire by Anoka County. He did not want to risk more years of failed heron reproduction and he . opo that the no -wake zone begin at least 400 feet from the south end of the island. He did not . •ple understood what is at stake and that if this resource is lost, it will be taken away from 1 d • s ts, not just the lakeshore property owners. He indicated there had been a great deal of in ation presented in an attempt to explain the abandonment of the heron rookery and he e e number one reason was human disturbance. He asked that the City Council adopt the • • o d ordinance, including one of the no -wake zone alternatives recommended by Anoka Wayne LeBlanc, 1677 Peltie algae bloom in the southern p portion of the lake has no aquat indicated the aquatic plants in th resented a photo of Peltier Lake and noted the amount of e. He stated this was due to the fact that the southern ts. He noted the clarity of the north end of the lake and ea act as filters. Mr. LeBlanc presented the City Council with a letter from Charles Johnson, Rice Creek Watershed District Aquatic Biologist, which discussed the water quality of the northern and southern halves of Peltier Lake and the need to protect the area north of the island. He felt the no -wake zone should extend to the south of the island in order to protect the entire area. Mr. LeBlanc presented an aerial image of the north end of Peltier Lake, which depicted the damage to aquatic plants caused by the water skiing course. He indicated a large number of plants have been removed from this area, which he felt was a tragedy. Additionally, he noted the heavy skiing in this area also places the sediment in suspension and causes numerous problems, such as phosphorus loads into the water column, and he noted the lake flows north to south. He felt the ecology of the lake is similar to a rain forest and noted 10 to 20 percent of the area has been destroyed by the water skiing course. He felt the lake needed to be protected now in the hopes that the damaged area will recover. 13 COUNCIL MINUTES MARCH 11, 2002 Mr. LeBlanc noted for many years there had been a great deal of boat traffic to the south of the island, therefore the herons migrated to the north end of the island. He felt that the intense boating activity to the north of the island has greatly disturbed the birds. Mr. LeBlanc stated a slalom water skiing course is particularly damaging to a lake because it covers such a large area and is a very aggressive, fast and repetitive activity. He noted this was not the first time this issue has been discussed. He indicated in 1999 a meeting had been held regarding a slalom course that had been setup in 1998, which appeared to disturb the birds. Mr. LeBlanc presented the City Council with a letter from Jon Oyanagi, Anoka County Park Operations Manager, who, per the decisions made at the April 27, 1999 Peltier Lake Association meeting, indicated the decision had been made that water skiing should not be allowed in the area north of the island. He felt it discouraging that the results of this meeting were being totally ignored. Mr. LeBlanc presented another image depicting the damage to course. Additionally, he presented an image of the southern the pea soup algae bloom and noted the amount of dead co end of the lake is not protected it will become choked wi Mr. LeBlanc felt the herons are important and he disturbance. However, even if the herons do not the lake. He stated anyone using the lake need not feel it would be possible to educate every need to exist in the area. He felt a no -w necessary protection. lants by the slalom water ski Peltier Lake, which depicted He was concerned that if the north s well. be ' ve ` y have been affected by human e felt it is necessary to protect the quality of stand the need to protect it, however, he did • on how sensitive the lake is and what the herons ds to be established in order to provide the Mr. LeBlanc stated he had attended recent 'Mier Lake Association meeting and he did not find a majority of the members stat' m they s want a no -wake zone. Rather, most members simply questioned where to draw the on ine. He indicated some members wanted the no -wake zone to begin at the bog poles, le .thers preferred the zone to begin south of the island. He encouraged consideration of a no ake zone running 400 feet south of the island. He noted if the no - wake zone began at the bog poles, only one-half of the island would be protected. He felt that some people did not understand the seriousness of this situation and he felt a no -wake zone is needed to protect the birds, wildlife and plants for now and for future generations. Mr. LeBlanc stated he had signatures from 80 residents, 18 of which are lakeshore property owners, who support a no -wake zone on Peltier Lake. Paul Chapin stated he is a White Bear Township resident with no vested interest in this issue. However, he has known Mr. Lindner and his family for 15 years. In his dealings with Mr. Lindner he has found him to be a very outstanding individual and he felt the City of Lino Lakes should be proud to have him as a community member. He stated he has been a life-long resident and property owner on Bald Eagle Lake, and his family members have lived in that area since the 1880's. He indicated his father had been one of the founders of the Bald Eagle Water Club in 1953 and the lake has had a 14 COUNCIL MINUTES MARCH 11, 2002 slalom course and ski jump since 1954. He was pleased to report that the Water Club has co -existed quite well with the lake residents and lake users. He indicated Bald Eagle Lake has bald eagles, blue herons and egrets co -existing with no problems and with no restrictions on the lake. Mayor Bergeson asked that public comments be limited to the proposed ordinance related to a no - wake zone on Peltier Lake. A resident at 1687 Peltier Lake Drive stated he has lived on Peltier Lake for 25 years. He stated he has heard twice this evening that the majority of the Peltier Lake Association were opposed to a no - wake zone. He stated he personally knocked on his neighbors' doors and found that, out of 40 homes, less than 10 were opposed to a no -wake zone. He noted out of those 10, four are water skiers. Therefore, he believed the majority of the homeowners on Peltier Lake support a no -wake zone. He noted during the March 4th Association meeting the majority of the members stated they favored a no - wake zone, however, they were concerned about the southern • oundary line of the zone. He indicated the first choice of the Association members was for the no -w. •ne to begin at the bog poles, while the second choice was for the zone to begin 150 feet south of t The resident urged the City Council to listen to the people statements with data, and to follow their conscience and of the people want. ve spoken and can backup their ecision based on what the majority Nancy Bowring, 7608 Peltier Lake Drive, support d a -wake zone, regardless of where it begins. She felt the island deserves protection and agr • '�,, boating activity around the island has increased in recent years. Although she ackn dged that the reason the herons have abandoned the island is not known for certain, she felt th t been reached when something must be done. She noted the entire west side of the nop ` ion of the lake is a park preserve with limited vehicle access and she would support 1 • `$' n: any boating in the northern portion of the lake. However, as a compromise she wo up •F• rt a o -wake zone and recommended consideration of either alternative recommen•.. by An• ounty. She did not believe a no -wake zone as proposed would adversely affect the pres nce most home buyers would buy on a lake just to be on a lake and not base their decisi • on "here no -wake zones exist. Joan Galli, Minnesota Department of Natural Resources Nongame Wildlife Specialist, stated the Nongame Wildlife program has monitored the Peltier Lake island heronry since 1989 and, during 2000 and 2001, the colony was abandoned during the nesting season and most birds failed to nest successfully. She indicated in January 2002 a task force of natural resource personnel concerned about the Peltier Lake island heronry met to discuss management considerations for the future of the heronry. A review of the circumstances of these abandonments, as well an analysis of the scientific literature, has prompted recommendations for a buffer zone and slow, no -wake zone designation on a portion of the lake to protect the heronry and other significant natural resources on the island and the northern portion of the lake. Ms. Galli indicated, from a natural resource perspective, the initial location for the placement of the no -wake zone boundary proposed by the task force was a line south of the island and extending east 15 COUNCIL MINUTES MARCH 11, 2002 and west along the southern boundary line of Sections 11 and 10 from shore to shore. The no -wake zone would be for all surface water on Peltier Lake north of this line. Ms. Galli noted, on March 6, 2002, the Lino Lakes City Council heard testimony from lakeshore homeowners regarding the proposed alignment of the no -wake boundary. In response to the concerns of the homeowners, two alternative alignments have been defined as follows: Alternative 1— The no -wake zone boundary line would be a line extending from the west shore of the lake east along the southern boundary line of Sections 11 and 10 to a point directly south of the southeast corner of the island. The line would then angle northeasterly to a permanent survey point located on the eastern shore of Peltier Lake on property owned by Mr. Ronald Marier, which lies due west of the southernmost building of Mr. Marier's property. The slow no -wake zone is proposed for all surface water on Peltier Lake north of this line. Alternative 2 — The no -wake boundary is a line located extending from the west shore of the lake to a point the island then angling northeasterly to a permanen of Peltier Lake on property owned by Mr. Ronal southernmost outbuilding of Mr. Marier's prop all surface water on Peltier Lake north of this line. Ms. Galli stated the Nongame Wildlife Progr Additionally, providing funding is available, again monitor the colony in 2002 and condi northern portion of the lake. Ms. Galli indicated bald eagles hav the herons. She indicated a pair o there is literature available in herons do not get along and tha years she has served as a Nong bald eagles and how they nest in the Metropolitan area and to monitor water birds and their interaction with bald eagles. She indicated most heron rookeries have had eagles in or near the rookery and none of those rookeries have been abandoned. She stated she has also queried her associates that work throughout the State, asking repeatedly if there was any evidence of negative interaction between eagles and herons and the answer has consistently been no. Mr. Galli stated last year, when the Peltier island rookery was abandoned for the second time, tree climbers climbed into the eagle nests and found no evidence that eagles have been taking young herons from their nests. She stated her department is monitoring all the causes for heron failure they can think of and are taking every action they can to eliminate the possible causes that are within their power to do so. She stated regulating human disturbance is a well documented recommendation by water bird biologists around the Country in order to protect the birds. south of Peltier Island and th of the southeast corner of point located on the eastern shore d which lies due west of the The slow, no -wake zone is proposed for • her one of the two alternatives acceptable. di ;ndicated the Nongame Wildlife Program will once a. odic surveys of other wildlife activity in the e island prior to the abandonment of the island by les nested on the island in 2000 and 2001. She stated the east and west coasts of the United States, eagles and agles can be detrimental to heron rookeries. However, in the 20 Wildlife Specialist in Minnesota it has been her job to examine 16 COUNCIL MINUTES MARCH 11, 2002 Jeff Perry, Anoka County Parks and Recreation Department Natural Resources Specialist, stated through a series of recent comprehensive planning efforts, that include the Rice Creek Chain of Lakes Natural Resources management report adopted in 1995, the "2020 Vision" Anoka County Parks and Recreation System Plan adopted in 1998, and the Rice Creek Chain of Lakes Regional Park Reserve Master Plan adopted in 1999, the Peltier Lake island heron rookery and surrounding natural communities have been identified as a unique resource to protect and preserve into the future. The island itself and the surrounding aquatic vegetation communities are biologically unique and contain rare plants and animals that are of local, regional, and State-wide significance. Several management goals and strategies have been documented during these planning efforts, which specifically include controlling boat traffic around Peltier island to prevent further disruption to the heron rookery. Therefore, special consideration in the way of supporting a slow/no-wake zone on the north end of Peltier Lake is clearly consistent with various comprehensive plans recently adopted by Anoka County. Mr. Perry stated in 1999 the Anoka County Parks and Recreat o epartment received letters and reports expressing concern for the water ski course that was ca m isturbance to the heron rookery and surrounding habitat. In response, County Offici ed a Peltier Lake Association meeting to inform the Association of the significance of th o rookery and surrounding natural communities and recommended slow/no-wake speeds ard sland and the northern portion of the lake due to the sensitivity of the area to high -speer i o .+rized watercraft. The consensus at that meeting was to voluntarily keep water skiing to the am .. $ y of the lake, south of the island. There was also agreements to avoid skiing in the area nhe island. Mr. Perry stated in the spring of 1999 the D- F •. ent of Natural Resources, in cooperation with Anoka County, began collecting more co a n e nesting data. In June of 2000 the heron rookery was abandoned during the critical nestin -riot Upon notice of the rookery activity, County and State officials inspected the island, o several egg shells that appeared to hatch successfully. The monitoring records were revie by oun and State officials shortly after June 2000 and various theories of cause an fect we = scussed and analyzed. Mr. Perry noted in June 2001 t1h eroii rookery was again abandoned during the critical nesting period. The rookery was once ag inspected and again egg shells were found that appeared to have successfully hatched, along with a few dead young great blue herons that appeared to have been abandoned. In August 2001 a report was presented to the Anoka County Parks and Recreation Committee regarding the decline of the Peltier Lake heron rookery. The Anoka County Parks and Recreation Committee recommended forming a task force to comprehensively assess the potential causes for the decline of the rookery and to develop strategies and solutions to address the problem. Mr. Perry stated in January 2002 the Peltier Island Rookery Task Force, comprised of representatives from the City of Lino Lakes, City of Centerville, Minnesota Department of Natural Resources (Conservation Officer, Nongame Wildlife, Fisheries, and Aquatic Plan Management), Anoka County (Parks and Recreation Department and Sheriff's Department), University of Minnesota, Peltier Lake Citizen, Anoka County Citizen at large, Rice Creek Watershed District and the Saint Paul Water utility, met to examine the following: 17 COUNCIL MINUTES MARCH 11, 2002 • History and significance of the Peltier Island Heron Rookery and surrounding natural communities • Rookery abandonment observations and theories • Potential strategies and solutions to address rookery abandonment and long-term protection of the high-quality habitat at the north end of Peltier Lake • Roles and responsibilities to implement strategies Mr. Perry stated the task force unanimously supported the strategy of having the Cities of Lino Lakes and Centerville, in cooperation with the State of Minnesota, pursue a Joint Powers Agreement and a slow/no-wake zone ordinance on the north end of Peltier Lake. In February 2002 the task force findings and recommendations were again presented to the Anoka County Parks and Recreation Committee, who expressed unanimous support for the task force recommendations. Mr. Perry stated, based on the comprehensive review and analy is the effects of motorized watercrafts on heron rookeries and shat considering the public testimony provided at the Lino Lakes Ci 2002, the Anoka County Parks and Recreation Department recommendation for two alternatives to the Cities of Lino geographical placement of slow/no-wake boundary line of scientific literature pertaining to water ecosystems, and til work session on March 6, ubmit for the record a d Centerville regarding the r Lake as follows: Alternative No. 1- A slow/no-wake zone - .s o a 'ne running east and west and located along the surface water segments of the so the parcel line of Sections 10 and 11, Township 31 North — Range 22 West (within the. .d o Lakes, Minnesota) and angling approximately 50 degrees north north om a point on the Section 11 parcel line located directly south of the southeast co h island to the east shore of the lake as marked by buoys. The point on the east sho - located on Ronald Marier's property, due west of the southernmost of the two outb 4s ould be identified with a permanent survey marker. The point on the w hor'line s located on Anoka County's property, and would be identified by a perm t surve a ar er. Alternative No. 2 - A sl s • /no -wake zone north of a line running east and west located 200 feet south of the south en,a f the island and angling approximately 60 degrees north northeast from a point directly south of the southeast corner of the island to the east shore of the lake as marked by buoys. The point on the east shoreline is located on Ronald Marier's property, due west of the southernmost of the two outbuildings and would be identified with a permanent survey marker. The point on the west shoreline is located on Anoka County's property, and would be identified by a permanent survey marker. Mr. Perry stated from a scientific perspective, Alternative No. 1 will provide the best protection for the Peltier island heron rookery and the surrounding high quality natural communities, however, considering a variety of other expressed human interests, Alternative No. 2 appears to be a more popular solution among several private lakeshore owners on Peltier Lake. Therefore, the Anoka County Parks and Recreation Department is recommending that the Cities of Lino Lakes and Centerville consider adopting Alternative No. 2, unless there is a majority of support and testimony for Alternative No. 1. 18 COUNCIL MINUTES MARCH 11, 2002 Mr. Perry indicated if the proposed slow/no-wake zone ordinance is passed, the Anoka County Parks and Recreation Department will conduct a survey of the slow/no-wake zone boundary, place permanent survey points on the island and on each shoreline, provide buoy placement, maintenance, and removal and will also place a sign at the public access illustrating the area of the slow/no-wake zone. A minimum number of buoys, four to seven, would be placed to effectively delineate the slow/no-wake zone. On behalf of Anoka County, Mr. Perry expressed appreciation to the Lino Lakes Mayor and City Council, City staff, and officials for their leadership and cooperation for considering the proposed restrictions on Peltier Lake. He stated Anoka County Parks and Recreation Department would be more than willing to provide any necessary additional information. Mr. Perry indicated there have been comments that when eagle moved into the area the herons dispersed, however, he indicated the opposite.is true. He indica when the rookery first began to fi� establish itself in 1989 the nests were concentrated farther sout : on t 'sland. At that time there was an eagle's nest on the island. He indicated there are currentl •, at blue heron nests in the same trees as the eagle nest. He stated upon review of the eagle e last year he found no evidence of heron eggs in the eagle nests. Mr. Perry stated the buoys used to delineate the no- a ®$ e would be of standard size, minimum nine -inches in diameter and approximately 36 inc . eve the water line. Cindy Lindner, Peltier Lake Drive, noted d were discussed. She stated the first propo extending to the north. The second was south of the island and extending to presented this evening since in actu he Peltier Lake Association meeting, two proposals a no -wake zone beginning at the bog poles and wake zone to begin approximately 100 to 150 feet he questioned why only two alternatives were being four alternatives to consider. Dave Swanson stated he often='erg: e during summer months and was opposed to the proposed no -wake zones. He 1 Gated prior to the year 2000 many boaters used the lake and the birds on the island were thriving. e did not feel the boaters were responsible for the herons abandoning the island, however, he did believe there is a problem and it should be determined exactly why the birds have left. Shelly Dentz, Peltier Lake Drive, stated she had contacted the National Eagle Center in Wabasha and informed them of the proposed no -wake zones for Peltier Lake. She stated the representative of the Eagle Center informed her that eagles are opportunists and scavengers that will feed on nearly anything. Additionally, she was informed that eagles will prey on herons, however, the birds do coexist. She stated the Eagle Center representative indicated a lot of facts and documentation should be gathered prior to taking action to place restrictions on the lake and that there were many reasons why herons leave rookeries. Ms. Dentz stated she would support a no -wake zone from the bog poles to the north of the island. Additionally, she would like additional studies to be undertaken to determine why the herons have 19 COUNCIL MINUTES MARCH 11, 2002 left. She noted the owner of Trout Air had expressed concern that the herons were eating their trout. She stated she wished to keep the ecology of the lake safe, however, she did not believe a no -wake zone south of the island, with no documentation proving this necessary, would be appropriate. Dave Loomis, 1567 Peltier Lake Drive, felt the best alternative would be for a no -wake zone beginning from the bog poles extending to the north. He stated he has water skied on the lake for the past 11 years and he is very conscience of not disturbing the wildlife. He felt if common sense is used, man and wildlife can coexist peacefully. He felt that more facts and information should be gathered prior to imposing restrictions on the lake. Regarding justification for Anoka County's proposed location of the no -wake zones, Mr. Perry stated the County undertook a comprehensive review and found the recommended minimum setback distance for heron nests is 100 meters from the nests, with a maximum distance of 500 meters. He indicated Alternative No. 1 as recommended by Anoka County would provide a setback distance of approximately 120 meters and Alternative No. 2 would provide'etback distance of approximately 60 meters from the heron nests located on the island. Rebecca Pecchia, 7609 Peltier Lake Drive, stated there has . een great deal of human activity on the island and she would prefer the no -wake zone boundary t across the lake versus angling to the northeast as proposed. Richard Thompson stated he has lived on Peltier OM r 25 years. He indicated when fishing the lake he has found the north end of the lake to b . ut not the south end. He would support any action to protect and preserve the lake and fe . . t if the water quality was improved the property values would be increased. He felt the Pe <. Association members should give back to the lake and he offered to assist in the maintenannd r onitoring of the buoys, although he did not feel it was the residents' responsibility to po the e. Mayor Bergeson suggested - .ublic 4N ng be continued to the next City Council meeting to allow comments and input when the . $ onsders the second reading of the ordinance. He felt it was important if the ordinance is to ' considered that it be finalized prior to the start of the nesting season this year. At 8:50 p.m., Councilmember Reinert moved to continue the public hearing to the next City Council meeting. Councilmember O'Donnell seconded the motion. Motion carried unanimously. Mayor Bergeson requested clarification of staff's recommendation. Environmental Specialist Asleson indicated staff recommends approval of the Joint Powers Agreement with the City of Centerville, and approval of the first reading of Ordinance 03-02, regulating the surface use of motorized watercraft on Peltier Lake in the Peltier Lake Island area, including Alternative No. 2 for the no -wake zone boundary as recommended by Anoka County. 20 • • COUNCIL MINUTES MARCH 11, 2002 Community Development Director Grochala noted the Joint Powers Agreement should be acted on prior to the ordinance since two separate jurisdictions are involved. Mayor Bergeson questioned whether the Joint Powers Agreement spelled out the action of the ordinance. Community Development Director Grochala stated the verbiage in Section III.A.2 of the ordinance had been modified so as to generalize the location of the slow no -wake zone. He indicated once the ordinance is approved, including the specific location for the no -wake zone, then the Joint Powers Agreement would be finalized and the legal description of the no -wake zone boundaries included. Councilmember Reinert felt approving the Joint Powers Agreement prior to the ordinance would be out of order. He noted if the City Council did not take action this evening to approve the ordinance, then there would be an approved Joint Powers Agreement with no ordinance. He questioned whether approving the Joint Powers Agreement committed the Council to adopting the ordinance. It was City Attorney Hawkins' opinion that the most important boundary would be drawn. He felt it would be acceptable to Powers Agreement. s where the no -wake zone e ordinance prior to the Joint Councilmember Carlson questioned when the birds w ` ected to return and noted comments had been made that the timing is important. Ms. Gallie ec ''- e great blue herons to begin returning to the rookery in the middle of March. She noted al ds would not return at the exact same time. Councilmember Carlson requested confirmati evening, the second reading would be con then be published and would take effect Grochala stated this is correct. hat if the first reading of the ordinance is passed this two weeks and, if approved, the ordinance would after publication. Community Development Director Mr. Lindner wished to ensure a twoosals put forth by the Peltier Lake Association were also being considered. Mayor Bergeson acknowledged tPeltier Lake Association had suggested the no -wake zone begin either at the existing bog poles, or approximately 100 feet south of the island. Councilmember O'Donnell stated both the aquatic life and the rookery are precious resources and to ignore these resources would be irresponsible. He questioned whether there was any way to accomplish this goal without an ordinance. Community Development Director Grochala stated the only way to protect the resources without an ordinance would be to expect the users of the lake to simply agree to adhere to a no -wake zone. However, this would not address those lake users who are not aware of the situation. He felt buoys should be used to delineate the no -wake zone so that non-resident users of the lake are aware of the zone. Additionally, he indicated an ordinance would allow the City the ability to enforce the no -wake zone and City staff felt this would legally be the best way to address the situation. 21 COUNCIL MINUTES MARCH 11, 2002 Councilmember O'Donnell questioned how this type of ordinance would be enforced. Community Development Director Grochala stated the ordinance would be enforced through the self governing and cooperation of the lake users, the Anoka County Sheriff's Department and the Department of Natural Resources. Mr. Perry added the Anoka County Sheriff's Department would be responsible for enforcing the no - wake zone, in consort with the local Conservation Officer. Councilmember O'Donnell expressed concern for the number of different opinions regarding what the actual problem is and where the no -wake zone boundary line should be drawn. He questioned whether there would be a more flexible manner to address the situation since it often takes months to change an ordinance when two different cities are involved. He was concerned, if the ordinance was found to not have an impact on the situation, how could the City more rapidly respond if needed to adjust the solution. Councilmember Reinert stated he too was concerned about imp sri ordinance and restricting rights only to find the ordinance did not solve the problem. T ledged that the great blue heron rookery is failing and the City should want to do all t . c . to limit the activity around the island since this may help solve the problem. However, e• during the Council work session comments were made that rookeries fail but the reaso or is is uncertain. Councilmember Reinert stated he supported pass g .roposed ordinance in order to keep activity away from the island for a period of time in or d rmine whether this action is helping and, if so, the ordinance could be kept in place. Ho ti a' r, if this action is not helping then he felt further studies would need to be made to pinpoin "_ • em and solve it. He felt because the City Council was being asked to act on the ordinance 1 .rde to solve a problem without a great deal of facts, they should keep the door open to readdre • dinance in the future in order to fully determine the reason for the abandonment of the i ,, e d. e to. did not want the great blue herons to leave the City, particularly since the bird is >_ City's ol, and he felt it would be foolish to not address the situation. However, he did n. : M d• ss the problem without solving it. He asked if it would be possible to enact a tempor rdinance for a period of two years. City Attorney Hawkins responded affirmatively. Councilmember Reinert felt enacting an ordinance that would expire in two years would force the City Council to readdress and monitor the problem. Regarding the notion of a non -ordinance solution, Mayor Bergeson believed this would only be possible if the lake were private with no public access. However, this is not the case and he did not believe it would be possible to enforce a no -wake zone without taking formal action. Councilmember Carlson moved to approve the FIRST reading of Ordinance 03-02, Regulating the surface use of motorized watercraft on Peltier Lake in the Peltier Lake Island area, to include the following no -wake zone description: 22 COUNCIL MINUTES MARCH 11, 2002 Alternative No. 2 - A slow/no-wake zone north of a line running east and west located 200 feet south of the south end of the island and angling approximately 60 degrees north northeast from a point directly south of the southeast corner of the island to the east shore of the lake as marked by buoys. The point on the east shoreline is located on Ronald Marier's property, due west of the southernmost of the two outbuildings and would be identified with a permanent survey marker. The point on the west shoreline is located on Anoka County's property, and would be identified by a permanent survey marker. Councilmember O'Donnell seconded the motion. Councilmember Reinert moved to amend the motion to limit the ordinance to two years in order to ensure the rookery situation is monitored and that the reason for the abandonment of the island by the great blue herons is determined. City Administrator Waite Smith suggested that an exact date be .; d for the termination of the ordinance since the start date of the two year time period could e o •.m ento into pittation. Councilmember Carlson suggested the ordinance expire tw± e. om the date the ordinance officially takes effect. Councilmember Reinert noted other cities with hero through July 15, which reflects the nesting perio ordinance of July 15, 2004. Councilmember Carlson believed the nest birds need one additional month to learn es restrict lake access from April 1 erons. He suggested an end date for the of the herons runs until mid July, however, the eed. Ms. Galli suggested, based on the bo • gy th w irds, the ordinance be in effect until the end of summer. She indicated this • uld allo e young birds an opportunity to use the lake and learn to feed prior to migration. She n � a ash the no -wake zone was proposed to be in effect year- round was to also protect the v o- ..F tatin and all other aquatic aspects of the lake. Councilmember Reinert amended his motion to include an end date for the ordinance of September 1, 2004. Councilmember O'Donnell seconded the motion. Councilmember O'Donnell questioned how the City Council will ensure reconsideration of the ordinance once it expires. City Clerk Blair advised upon expiration it will be her responsibility to bring the item forth to the Council on an agenda. Councilmember Carlson opposed the proposed amendment to the motion since she felt the ordinance can at any time be brought up for reconsideration. She felt the end -date of the ordinance could be sooner than two years, or it may be found unnecessary to remove the ordinance. 23 COUNCIL MINUTES MARCH 11, 2002 Councilmember Reinert noted at the Council work session the question had been raised of how long may it take for the birds to return if the boating near the island is indeed the problem and the answer was two to three years. He noted the proposed end -date of the ordinance would allow the ordinance to be in place for three summers. Councilmember Dahl questioned whether the City Council has ever applied a time limit to an ordinance in the past. Community Development Director Grochala stated end -dates are applied to moratorium ordinances. City Attorney Hawkins was not aware of other ordinances being passed in Lino Lakes that included time limits, however, this is done in other communities. Councilmember Dahl felt the proposed end -date would result in adopting a semi -ordinance. She felt without an end -date the ordinance would have more teeth and be more enforceable. She noted there are other species of birds in addition to the herons that need to be protected. She noted in the past 11 years she has seen other species of birds that have lost their ha itats. Although she was not certain why this has occurred, she believed it was due to developmen did not want the City or the State. of Minnesota to lose more of its natural resources. Councilmember Dahl expressed appreciation for the time put into their comments. She felt they were important c cooperation among the group in trying to devise wor Councilmember Dahl felt it was important to ado and she was in favor of the motion as originallst limit. Councilmember Reinert clarified that th simply make a symbolic gesture to sa that the ordinance does not have the expires City staff has more d 4 and enough information to either rt those present for this item had ns and she appreciated the spirit of le olutions. rdinance in order to prevent future problems d was not in favor of the proposed time for a time limit was to ensure the City does not t blue herons in Lino Lakes when it may be found of eft. He wished to ensure that when the ordinance determine the real reason the birds are leaving and has ove the ordinance. Councilmember Carlson noted th ity Council would have the option to bring the ordinance up for review without an expiration date. She suggested the Council could request an annual report on the situation. Mayor Bergeson stated he would prefer an ordinance with a reasonable time limit rather than no ordinance at all. He acknowledged the reason for the herons leaving is unknown, although a number of theories have been presented. He felt it prudent to take some sort of action and he supported reviewing the ordinance and keeping it on the radar in order to determine its effectiveness. Mayor Bergeson called for a vote on the proposed amendment to the motion to set an expiration date for the ordinance of September 1, 2004 in order to ensure the rookery situation is monitored and the reason for the abandonment of the island by the great blue herons is determined. The motion passed 3-2, Councilmembers Carlson and Dahl opposed. 24 • COUNCIL MINUTES MARCH 11, 2002 Councilmember Reinert stated he would like for there to be an ongoing study in order to validate this evening's action. Councilmember Carlson noted Ms. Galli, Mr. Hawkins, the Anoka County Parks and Recreation Department and the Department of Natural Resources will continue to cooperate in the study of the heron rookeries. She felt that for the City to perform its own study during a time of budget uncertainties would not be appropriate and would result in duplicated efforts. Councilmember Carlson noted, per the assessment of wildlife habitats in the City of Lino Lakes, the only known and currently active water bird colony is the Peltier Lake heronry. She indicated the herons seen in the local area outside of Lino Lakes are coming from the Peltier Island rookery. Councilmember Carlson added it was not only the heron rooke that needs to be protected but also the fish and aquatic plant materials. She quoted Charles Johnso quatic Biologist with the Rice Creek Watershed District, from his letter dated March 11, 2002 • •. s: "...Without adequate plant material to buffer wave action caused y boating and wind, bottom sediments would suspend and be transported either into e �• asin or into the water column of the north basin. This action could increase the nutrie oa to the water column, decrease water clarity, cause stress on resident fish populations, an • • ote lly give algae the competitive edge to expand their range and have even more severe bl • ms: The north basin also serves another important function to the lake ecosystem. This obably acting as a spawning area for many fish species and also as a nursery area for yo ish...High speed boating in this area may cause sediment re -suspension, nutrient release fr diments, and severe damage to the existing aquatic macrophyte community. All of .bo- mentioned items could be detrimental to the overall water quality and biological health of - e." Councilmember Carlson felt,. tion sho •e taken to preserve the lake for the public and property owners. She did not see this .° • lac g blame on any one person or group, however, some causes can be prevented. She n ed enumber of possible causes have been identified and she believed the causes other than thgh-speed boating are being acted upon. She stated the proposed ordinance establishing a no -wake zone is an action the City can act upon and she felt it was the duty of the City Council to take such action. Councilmember Carlson noted the issue of eagles preying on herons has been discussed and there have been different opinions. She noted per the information provided to the City Council the areas in which eagles prey on herons are primarily British Columbia and Tacoma, Washington. She pointed out the eagles' nests on Peltier Lake island have been closely examined and there has been no sign of the eagles preying on the herons living on the island. Councilmember Carlson noted approximately one-half of Mr. Marier's property would be affected by the no -wake zone and he has suggested a no -wake zone 400 feet south of the island, which she felt would be a better choice. However, she acknowledged that this would likely not be supported by the City Council. She noted in his staff report Environmental Specialist Asleson stated that research 25 COUNCIL MINUTES MARCH 11, 2002 indicates the need for at least a 300 -meter nesting and buffer zone for great blue heron nests and the birds tend to abandon nests when larger disturbances occur within 500 meters. She stated it is not easy to make a decision when there are so many different opinions. She noted the number of different proposals that have been made to address this situation and felt a no -wake zone beginning 200 feet south of the island would be a compromise. She hoped all parties could leave this evening's meeting feeling that something has been gained that will benefit the City and surrounding communities. Mayor Bergeson asked what the City Council could do to encourage continued studies to determine why the herons have left the island. Ms. Galli stated the study of the Peltier Lake rookery will move forward this year and, providing the funding is available, the rookery will continued to be monitored in future years. Mr. Perry stated Anoka County will contribute staff time to monitor the heron rookery. He stated the entire northern reach of Peltier Lake is a critical issue to the Co� Environmental Specialist Asleson noted Charles Johnson of recommended that letters sent to the Watershed District en Lake island would be helpful. Mayor Bergeson suggest consideration at a future meeting. Mayor Bergeson called for a vote on the motion t ap . 've the FIRST reading of Ordinance 03-02, Regulating the surface use of motorized watercra 'ltier Lake in the Peltier Lake Island area, to include the no -wake zone Alternative No. 2 • :`commended by Anoka County, as amended with an end -date of September 1, 2004. reek Watershed District had ng the continued study of the Peltier h a letter be drafted for Mayor Bergeson voted yea. Council' ex rlson voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell voted y . Co cil ember Reinert voted yea. Motion carried unanimously. Ordinance No. 03-02 can be foun.in the City Clerk's office. Mayor Bergeson noted the second reading of Ordinance No. 03-02 will take place during the next regular City Council meeting. Mayor Bergeson called for a motion on the Joint Powers Agreement between the City of Lino Lakes and the City of Centerville, as amended. Councilmember O'Donnell moved to approve the Joint Powers Agreement between the City of Lino Lakes and the City of Centerville, as amended, to jointly adopt and enforce an ordinance relating to surface water zoning requirements for Peltier Lake. Councilmember Carlson seconded the motion. Mayor Bergeson requested confirmation that City staff will inform the City of Centerville of the actions taken this evening. City Administrator Waite Smith stated she has been in communication 26 COUNCIL MINUTES MARCH 11, 2002 with the City of Centerville and has received some information from them. She indicated they intended to wait until the City of Lino Lakes made its decision before adopting their own ordinance and she anticipated they would take action on the first reading at their next Council meeting. Motion carried unanimously. Mayor Bergeson called for a break at 9:50 p.m. The meeting was reconvened at 9:58 p.m. Mayor Bergeson suggested, because audience members were in attendance for agenda items 7C and 7D, these items be moved up on the agenda and considered at this time. Consideration of Resolution 02-11, Approving the Site Plan for TCF Bank, Mike Grochala - Community Development Director Grochala advised in August of 2001 the City Council approved the Lino Lakes Market Place PDO (Ordinance 16-01), which i . cluded the development of a bank to be located at the northeast corner of the Lake Drive and Apoll ve intersection. Community Development Director Grochala advised, while • stablished the general use and design parameters within the Market Place development, . e pial Provisions Section of Ordinance No. 16-01 requires that the development of single tenan u on the site, including the proposed bank, be subject to site plan review approval in accor , c with the Lino Lakes Zoning Ordinance. Community Development Director Grochala indi an application to construct a 4,500 square -foot proposed in the PDO. The property is being application and in conformance with the Community Development Director G indicated the materials to be used o The proposed material color e consi the plans show the site at 78 p surface coverage not exceed 75 rce Yt. e applicant, TCF Bank, has now submitted pon a 57,690 square -foot lot, as previously by Ryan Companies US, Inc. under separate Market Place PDO. vided an analysis of the proposed site plan and pos bank building include brick face and gabled roof. with the Market Place PDO specifications. He indicated ous coverage. The SC District requires the impervious Community Development Director Grochala advised this report was presented at the February 13, 2002 meeting of the Planning and Zoning Board. After consideration of the issues, the Board voted to approve the proposed site plan, with the following conditions: 1. That a site development agreement be executed by and between the City of Lino Lakes and TCF Bank. 2. A revised site plan is submitted that satisfies the impervious surface coverage requirements. 3. A revised floor plan and details be submitted that reflects the change in building entrance. 4. Approval of the Final Plat for the Lino Lakes Market Place 2nd Addition. 27 COUNCIL MINUTES MARCH 11, 2002 Community Development Director Grochala noted the requirements of conditions number two and three above have been submitted by the applicant. Community Development Director Grochala advised the proposed Site Plan is consistent with the City's Zoning Ordinance and the Lino Lakes Market Place PDO, and staff recommends adoption of Resolution 02-11, Approving the Site Plan for TCF Bank, with the four conditions noted above. Councilmember O'Donnell requested confirmation that the site will be served by the private frontage road, which will remain private. Community Development Director Grochala stated this is correct. Councilmember O'Donnell moved to adopt Resolution No. 02-11, Approving the Site Plan for TCF Bank, including the four conditions as listed in the Staff report. Councilmember Dahl seconded the motion. Motion carried unanimously. Resolution No. 02-11 can be found in the City Clerk's office Consideration of Resolution 02-18, Approving Preli Village Project, Mike Grochala - Community Devel Group, a real estate development firm, has indicate Village project. The group has experience in mi Sauk Rapids and Oakdale. They are also the p project in downtown Circle Pines. velopment Agreement for the t Director Grochala advised the Beard in st in acting as Master Developer of the redevelopment in Robbinsdale, Hopkins, aster Developers for the redevelopment Community Development Director Groc;la in, cated Mr. Bill Beard is asking the City for an exclusive period of 90 days to allow rmine the economic feasibility of the Village Master Plan. This type of agreement gives ' elo @ers me assurance that the City is willing to work with them before they invest time -®s d mond the project. The proposed agreement states that the City will not consider any other de • np that time period and will not review or approve any applications on the City -owned s 'rho of the site. This is a predevelopment agreement and does not commit the City to anything beyo the exclusive period. Community Development Director Grochala indicated during this time, staff will work with the developer to provide information that can assist with the feasibility study, including an analysis of public assistance opportunities. When the exclusive period is complete the developer will provide a report to the City Council. Community Development Director Grochala advised staff recommends adoption of Resolution 02-18, Authorizing a Preliminary Development Agreement with the Beard Group for a 90 -day exclusive development right on the Village property. Councilmember O'Donnell questioned whether this agreement would apply only to the City -owned property within the Village. Community Development Director stated the entire Village site would be considered as part of the economic study. 28 COUNCIL MINUTES MARCH 11, 2002 Councilmember Carlson noted paragraph one of the proposed development agreement indicated the exclusive period shall continue, unless earlier terminated as provided herein, or until such later date as the parties may mutually agree. She requested confirmation that the term of the agreement is intended to be 90 days. Community Development Director Grochala stated this is correct, unless the parties decide to terminate the agreement earlier. City Attorney Hawkins noted the agreement could not be extended beyond 90 days unless mutually agreed to by the parties. Councilmember Carlson noted paragraph two of the agreement stated the site equals 42 (plus/minus) acres of land. She asked if this area included the City Hall. Community Development Director Grochala responded affirmatively. City Attorney Hawkins stated only undeveloped portions of the property would be included in the economic study and he had no problem with the proposed lan .. age of the agreement. Councilmember Reinert asked if this study will result in one or Bill Beard stated this will depend upon the conclusions of th of the property appeared challenging then it is likely that a would be considered. ssible development scenarios. e indicated if the development of different development scenarios Mayor Bergeson asked if progress reports will be pr the City. Mr. Beard offered to provide the City with a progress report every 30 days. Councilmember Carlson asked Mr. Beard to • i ° be the types of senior housing developments he has been involved with in other communities, ° gle level, affordable housing. Mr. Beard stated his company has not been involved in a . e n ber of senior housing developments. Although, he did work with Dominion Developme ion on a senior housing project in Robbinsdale, which involved a four -level, elevator style Councilmember Carlson mov Development Agreement with t Village property, as submitted. Motion carried unanimously. olution No. 02-18, Authorizing a Preliminary d Group for a 90 -day exclusive development right on the cilmember Dahl seconded the motion. Resolution No. 02-18 can be found in the City Clerk's office. Consideration of Resolution 02-12, Approving the Preliminary Plat of Market Place 2"d Addition, Mike Grochala - Community Development Director Grochala advised in August of 2001 the City Council approved the PDO (Ordinance 16-01) for Lino Lakes Market Place. Final Plat for the development was approved in October of 2001 and included Outlot D and Outlot E. The two Outlots were intended to be combined with the remnant parcel created from the Apollo Drive right- of-way acquisition per the approved PDO Site Plan. 29 COUNCIL MINUTES MARCH 11, 2002 Community Development Director Grochala noted Ordinance No. 16-01 states, under Section 2.D.3 entitled "Special Provisions," the following: Development of Outlot D and Outlot E as depicted in the site plan shall be contingent on the developer acquiring title to the adjacent parcel and follow platting requirements of the Lino Lakes Subdivision Ordinance. Development of said lots as specified herein and in conformance with the site plan (Exhibit C) shall not require amendment to the Planned Development Overlay (PDO). Community Development Director Grochala indicated the applicant, Ryan Companies US, Inc., is in the process of purchasing the Apollo Drive Remnant parcel from the City of Lino Lakes and has a closing date of March 29, 2002. Additionally, they were requesting preliminary plat approval in accordance with Ordinance 16-01. Community Development Director Grochala noted the Marke Block 1, Outlot D and Outlot E of Lino Lakes Market Place an parcel. This will allow for the development of site consisten based on the most current submittal, consisting of the preli Professional Services, Inc., dated February 5, 2002. e 2nd Addition is a re -plat of Lot 2, s the Apollo Drive remnant DO approval. This report is plat prepared by Westwood Community Development Director Grochala advise this ort was presented at the February 13, 2002 meeting of the Planning and Zoning Board. onsideration of the issues, the Board voted to approve the Preliminary Plat, with the follo nw •tion: 1. Access control along Lake Drive i to the southern boundary of Lot 2, Block 1. Community Development Director G ited this condition has been satisfied with the most recent submittal of a revised preli Community Development Di eha advised the proposed Preliminary Plat is consistent with the City's Subdivision regulati. an. the Lino Lakes Market Place PDO, and staff recommends adoption of Resolution 02-12, Approving the Preliminary Plat of Market Place 2nd Addition with the condition noted above. Councilmember O'Donnell moved to adopt Resolution No. 02-12, Approving the Preliminary Plat of Market Place 2nd Addition, with one condition. Councilmember Carlson seconded the motion. Motion carried unanimously. Resolution No. 02-12 can be found in the City Clerk's office. Consideration of Resolution 02-17, Accepting Bids and Awarding Contract for the Lake Drive/Apollo Drive Improvement Project, Jim Studenski — City Engineer Studenski advised sealed bids were received and publicly opened at 1:00 p.m. on March 4, 2002. City Council action is required to award a construction contract to the lowest responsible bidder. 30 COUNCIL MINUTES MARCH 11, 2002 City Engineer Studenski noted the complete bid tabulation included in the agenda packet. He indicated the low bid submitted by Forest Lake Contracting is approximately 10 percent below the Engineer's Estimate for this project. The cost of this project will be recovered through special assessments to benefiting properties per the development agreements for the Market Place and JADT developments. The completion date for this project is June 30, 2002 and Forest Lake Contracting has indicated a willingness to begin the project as soon as possible in order to meet the necessary deadline. City Engineer Studenski advised staff recommends adoption of Resolution 02-17, Accepting bids and awarding a construction contract to Forest Lake Contracting, Inc. for the Lake Drive/Apollo Drive Improvements Project. Councilmember Dahl moved to adopt Resolution No. 02-17, construction contract to Forest Lake Contracting, Inc. for the Project, as submitted. Councilmember O'Donnell seconded th cepting bids and awarding a rive/Apollo Drive Improvements Motion carried unanimously. Resolution No. 02-17 can be found in the City Clerk' • -e. Consideration of License Agreement for Ryan o ;. nies US, Inc., to enter City property to commence improvements, Mike Grochala - y Development Director Grochala advised through a previously approved purchase agre t and ordinance, the City is selling to Ryan Companies US, Inc. an approximately 38, u 6 -foot parcel of land remaining from the Apollo Drive right-of-way acquisition. This par luded in the Market Place 2nd Addition plat. The closing date for the property sale is s . e. r March 29, 2002. Ryan Companies is requesting a license agreement from the City to .i + ess the site prior to the closing date for building removal, soil corrections, an ading i cordance with the approved plans. Community Development Direr ®r Grochala advised staff recommends approval of the license agreement for Ryan Companies ' <, Inc. to enter City property to commence improvements, subject to the City Attorney's review and comment. City Attorney Hawkins advised he has reviewed the proposed agreement and has no objections. Councilmember Reinert moved to Authorize the Mayor and City Clerk to execute a license agreement for Ryan Companies US, Inc. to enter City property to commence improvements. Councilmember Dahl seconded the motion. Motion carried unanimously. UNFINISHED BUSINESS There was no unfinished business to consider. 31 COUNCIL MINUTES NEW BUSINESS CONSIDER APPROVAL OF MEETING MINUTES February 20, 2002 Work Session Meeting Minutes February 25, 2002, Council Meeting Minutes MARCH 11, 2002 Councilmember Carlson moved to approve the February 20, 2002 Work Session Meeting Minutes and the February 25, 2002, Council Meeting Minutes, as submitted. Councilmember Dahl seconded the motion. Motion carried 4-0-1— Councilmember Reinert abstained. COMMUNITY CALENDAR MARCH 11 THROUGH M <. H 25, 2002: Wednesday, March 13, 2002, 6:30 p.m., Planning & Zon' e + a o . E Meeting Wednesday, March 20, 2002, 5:30 p.m., Council Wor Monday, March 25, 2002, 6:30 p.m., City Counci ADJOURN There being no further business, Councihl moved to adjourn at 10:25 p.m. Councilmember Carlson seconded the m Motion carried unanimously. These minutes were consider ` o = at the regular Council Meeting, March 25, 2002. 4-L, Ann Blair, qty Clerk Transcribed by: Lori Rolfson TimeSaver Off Site Secretarial, Inc. 32 John Ber_"son, layor