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HomeMy WebLinkAbout04/28/2003 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : April 28, 2003 6 TIME STARTED : 6:34 P.M. 7 TIME ENDED : 1:14 A.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, O'Donnell, Reinert 9 and Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Linda Waite Smith; City Clerk, Ann Blair; City 13 Engineer, Jim Studenski; City Planner, Jeff Smyser; Public Safety Director, Dave Pecchia; and City 14 Attorney, Bill Hawkins. 15 16 SETTING THE AGENDA 17 18 The agenda was approved as presented. 19 20 CONSENT AGENDA 21 22 Councilmember Carlson moved to approve the Consent Agenda as submitted. Councilmember 23 Reinert seconded the motion. S24 25 Motion carried unanimously. 26 27 ITEM ACTION 28 29 A. CONSIDERATION OF EXPENDITURES: 30 31 i) April 28, 2003 (Check No. 67881 - 32 67984, $372,479.94). Approved 33 34 ii) Centennial Fire District (Check No. 13739 - 35 13760, $67,971.84) Approved 36 37 OPEN MIKE 38 39 Beverly Hauser came before the Council representing local clubs. She indicated they received a letter 40 about banners and signage for clubs, and she would like to get on the Council docket to discuss. 41 42 Mayor Bergeson indicated they could be put on a future work session agenda, and asked that she give 43 her name to the City Clerk. 44 45 FINANCE DEPARTMENT REPORT, AL ROLEK 46 •47 There was no report. 48 COUNCIL MINUTES APRIL 28, 2003 APPROVED 49 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH •50 51 A. Consider First Reading of Ordinance No. 13-03, Approving Clerk/ Treasurer Charter 52 Language Amendments, Bob Bening 53 54 Mr. Bening, member of the Charter Commission, stated they have been working for a year and a half 55 on separating the Clerk and Treasurer terms and functions. He indicated they developed what they 56 believe will work, and it was passed by the Charter Commission. In order to take effect, it has to be 57 approved by the City Council, in the form of an ordinance, which is before the Council now. He 58 indicated there had been an error in the packet information, but that has been corrected and the new 59 one is before them tonight. 60 61 Councilmember Dahl moved to approve FIRST READING of Ordinance No. 13-03 amending City 62 Charter to reflect City "Clerk/Treasurer" language changes. Seconded by Councilmember Carlson. 63 64 Councilmember Dahl indicated she would like to thank Mr. Bening, Mike Trehus and the Charter 65 Commission for the work they have done. She stated she is on the Charter Commission, and they 66 only meet about four times a year, but the work they have done on this is above and beyond the call 67 of duty. 68 69 Councilmember Carlson added her thanks to the Charter Commission. 70 71 Motion carried. Councilmember Dahl voted yea. Councilmember Carlson voted yea. •72 Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted 73 yea. 74 75 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 76 77 A. Proclamation Declaring week of May 11-17, 2003 "Police Week", Dave Pecchia 78 79 Public Safety Department Director Pecchia indicated May 11-17 would be Police Week, and asked 80 everyone to remember Peace Officers Memorial Day to recognize the efforts of the community 81 servants who work to make the community better and safer. 82 83 Councilmember O'Donnell moved to approve the proclamation declaring May 11-17 Police Week. 84 Councilmember Dahl seconded the motion. 85 86 Councilmember Carlson asked that the proclamation be posted on the website since it was not read 87 for the public and those at home. 88 89 Motion carried unanimously. 90 91 B. Consideration of Quad Cities Police Proposal 92 i) Decide whether to participate in further exploration 93 94 City Administrator Waite Smith summarized the staff report. She added that in the Council packets is •95 a draft of the issues the City Council felt needed to be addressed before further exploration would 96 lead to action, based on discussions at the previous work session. 2 COUNCIL MINUTES APRIL 28, 2003 APPROVED 97 98 Councilmember Carlson asked who had been appointed from the other three cities. City 99 Administrator Waite Smith indicated the mayors from all three cities have agreed, and one city has 100 two City Councilmembers interested, however they have conflicting schedules so the one appointed 101 would depend on the day the meetings took place. 102 103 Councilmember Carlson noted she has heard one city is appointing someone other than an elected 104 official. City Administrator Waite Smith confirmed that Lexington is looking at someone else; she 105 believes someone formally associated with the police commission. 106 107 Councilmember O'Donnell moved to further explore the possibility of forming a joint police 108 department with the cities of Centerville, Circle Pines and Lexington. Councilmember Reinert 109 seconded the motion. 110 111 Councilmember Carlson noted that as issues are brought up and things continue to change, she is no 112 longer sure how much money Lino Lakes will save. She understands the other three cities will save 113 money, since they will not have the cost of constructing a new facility, but she in unclear on the 114 savings to Lino Lakes. She stated that Lino Lakes' percentage will continue to grow, since they have 115 the area to grow, and Lino Lakes is not realizing the same savings as the other cities. She asked if 116 any of the other Councilmembers have had issues with this. 117 118 City Administrator Waite Smith indicated no one has contacted her. 119 Ah120 Councilmember Carlson asked if line one of the list of City Council concerns could be changed to say W21 `since' rather than 'if'. City Administrator Waite Smith indicated this list was an attempt to capture 122 issues discussed at the last work session. If the Council chooses to go forward, they will make it 123 more specific for whoever goes to the table. 124 125 Councilmember Carlson stated she understood the financial projections are rough estimates, but one 126 figure she is concerned with is the census figure, as she is aware they have 700 more homes since the 127 census, and the population is growing constantly and will change Lino Lakes' cost. She added she is 128 concerned the police presence will remain static, although the City has growth. She relayed her 129 concern about what will happen when the bonds are paid off as well. She stated she talked with nine 130 people about this, and while everyone is interested in saving money, the important thing is if they will 131 be getting the same coverage. There are also concerns about wanting to have Lino Lakes name on the 132 police department, and if/how it will affect insurance rates. 133 134 She read from a letter from a member of the Public Safety Citizen's Committee, which states: 135 1. If a merger takes place, they are concerned that it happen as fast as possible. Morale is low in 136 the department due to uncertainty of employment should this go through. The proposed time 137 schedule shows a merger taking the rest of this year, but for those wondering about job 138 security, that is too long. The best officers will leave and try for employment elsewhere, and 139 the Committee believes Lino Lakes has the best training and therefore the best officers. 140 Therefore, the merger needs to move forward quickly or be dropped. 141 2. For staff, decisions need to be fair and fast, with as much staff retained as possible from the 142 Chief on down. ilw43 3. The Committee desires to retain the Lino Lakes Police Department philosophy. Over the last 44 30 years they have seen the Lino Lakes Police Department go from one of little respect to one 3 COUNCIL MINUTES APRIL 28, 2003 APPROVED 145 of the best departments in the state. Their programs are great and their safety record is `146 outstanding, and they have brought a trust factor to citizens that need to be maintained. 147 148 Councilmember Carlson indicated another gentleman expressed his concern that currently if there is a 149 problem, and there needs to be another officer in a certain area; the City Council can approve it. 150 From the way it sounds, if this goes through, the City Council will only have a 25% decision in 151 staffing. He stated Lino Lakes has a good department, and he thanked the City Council for letting 152 them do their job. She indicated that since what the Council is moving ahead with is `should we 153 continue talking', she will vote yes, even though they do not have good figures yet. But they need to 154 get down to comparing apples to apples to see what they will get. She agreed Lino Lakes has good 155 officers with good training, a few with FBI background, and she would hate to see them not have 156 jobs. She stated if there are other reasons to do this besides money, they need to get those reasons on 157 the table. 158 159 Councilmember Reinert indicated the work the four City Administrators did to look at money was a 160 jumping off point, and any way you look at it, Lino Lakes will pay more than 50 percent. He feels 161 Lino Lakes should have more than 50 percent control, and this needs to be discussed. He stated if the 162 other cities do not feel Lino Lakes should have more control, it is probably a deal breaker. There is 163 no point in going forward in that case, and they need to get the officers out of limbo. He indicated 164 they could talk numbers for months, but if deal breakers cannot be resolved, there is no point in 165 continuing. That is why he wants to get the deal breakers on the table. 166 167 Mayor Bergeson agreed, indicating they have not really gone to the table on this yet, and that is the Aw 68 action they need to take. They have the prep work by the Administrators, now they need to meet face W69 to face. 170 171 Motion carried unanimously. 172 173 ii) Appoint two representatives to the committee for further exploration. 174 175 Councilmember O'Donnell indicated that after a lengthy discussion at the work session, it was agreed 176 that the Mayor and Councilmember Reinert would represent Lino Lakes on this committee. 177 178 Councilmember O'Donnell moved to appoint Mayor Bergeson and Councilmember Reinert to the 179 Quad Cities Police Proposal Committee. Councilmember Reinert seconded the motion. 180 181 Councilmember Carlson indicated they heard earlier that one city has appointed three members. She 182 stated when it came up, she had heard the mayor was appointed for the other cities, and 183 Councilmember Reinert volunteered. She stated she did not volunteer at the work session as she did 184 not know how she would vote at that time; however she would like to volunteer because she feels she 185 asks questions, which is not a bad thing. She indicated that in talking with people about the police 186 department proposal, she heard one woman and her husband comment on how they appreciated how 187 she and Councilmember Dahl asked questions, as often they are at home wondering the same things. 188 189 City Administrator Waite Smith clarified that Centerville had two volunteers, depending on the 190 meeting dates. 091 4 COUNCIL MINUTES APRIL 28, 2003 APPROVED 192 Councilmember Carlson asked to amend the motion to indicate that she and Councilmember Reinert 093 would share the second spot. Mayor Bergeson stated he did not believe Centerville was discussing a 194 shared spot; his impression is they will wait and see what night the committee will meet and 195 determine the available appointee. City Administrator Waite Smith confirmed that is her 196 understanding also. 197 198 Councilmember Carlson clarified that one city was appointing someone other than a City 199 Councilmember. City Administrator Waite Smith indicated her understanding was that Lexington 200 may. Councilmember Carlson stated she believes that gives them the option to do something 201 different. City Administrator Waite Smith asked how they could have three people at the table at 202 once. Councilmember Carlson indicated they would only have two at a time. 203 204 Councilmember Carlson moved to amend the motion, to appoint the Mayor and two City Council 205 members, at alternating meetings or with the option of trading meetings if the other could not attend. 206 Councilmember Dahl seconded the motion for discussion. 207 208 Councilmember O'Donnell stated he values Councilmember Carlson and Councilmember Dahl on the 209 City Council and feels they bring information to light that needs to be reviewed. He indicated they 210 have all agreed this needs to move swiftly, and he thinks if they add an alternate member it will 211 require bringing the alternate up to speed and will slow down the process. 212 213 Councilmember Reinert agreed, stating if you are not involved in every meeting, he does not think 214 you can effectively keep up. He does not think they should alternate meetings, but to have an . 15 alternate to fill in absences would be good. 16 217 Councilmember Dahl asked if the Mayor agreed at the work session to participate on this committee, 218 as she does not remember that he did. Mayor Bergeson indicated he agreed to participate if that is 219 what the Council chose. 220 221 Councilmember Carlson stated the question of continuity could be addressed by the fact that these are 222 open meetings. She indicated she does not know how she will vote, and to be part of the discussion 223 as things are taking place gives ownership, and allows you to learn more moving forward. 224 225 Motion failed. Vote: 2 Ayes, 3 Nays. Councilmembers O'Donnell, Reinert, and Mayor Bergeson 226 opposed. 227 228 The floor reverted to the original motion, appointing Mayor Bergeson and Councilmember Reinert to 229 the committee. 230 231 Motion carried unanimously. 232 233 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 234 235 There was no report. 236 237 .38 39 5 COUNCIL MINUTES APRIL 28, 2003 APPROVED 240 COMMUNITY DEVELOPMENT DEPARTMENT REPORT .41 242 A. Consideration of First Reading of Ordinance No. 11-03, Amending permitted hours of 243 construction set forth in City Code, Jeff Smyser 244 245 City Planner Smyser summarized the staff report, reviewing the proposed changes to the ordinance, 246 and indicating staff recommends approval of the first reading. 247 248 Councilmember Carlson stated this is an ordinance that deals with noise, and originally covered 249 people working on their own homes, but now it does not cover them at all. She indicated whether a 250 builder or an individual, construction noise can be irritating to neighbors, and asked if it was wise to 251 take off Section 4b of the previous wording entirely. She stated it appears there should be some 252 restriction on individuals also. 253 254 City Planner Smyser stated that the way it is written it would not allow someone to build a new 255 house, whether individual or contractor. He indicated individual homeowners who work during the 256 day often like to work on their homes on evenings or weekends, and they were trying to go for scale, 257 targeting larger projects. 258 259 Councilmember Carlson indicated she thought of that as well, but there is work that can be done late 260 at night without disturbing the neighbors, while some outside work could be very irritating. 261 262 Councilmember O'Donnell agreed, and thinks this needs some pushing around. He would suggest . 63 tabling it and discussing at the work session. 64 265 Mayor Bergeson asked if there was any urgency. He stated another option is to approve the first 266 reading and tweak it before the second reading. 267 268 Councilmember Carlson indicated another point is no construction on Sundays or Federal Holidays; 269 she wondered if that could say the stated construction activities are not allowed on those days. She 270 agreed that if there is no urgency, it would be best to bring it back to a work session. 271 272 Councilmember Carlson moved to table the FIRST READING of Ordinance No. 11-03 amending 273 Section 900 of the City Code relating to nuisances: Permitted hours of construction activity. 274 Councilmember Dahl seconded the motion. 275 276 Motion carried unanimously. 277 278 B. Public Hearing, Consideration of Resolution No. 03-44, Eagle Brook Church EAW, 279 Declaration on need for EIS 280 281 Mayor Bergeson explained that three weeks ago there was an article in the Quad paper about this 282 subject, and there will be a public meeting here tonight. He advised he would provide background on 283 the issue, and then there would be public comments, followed by some action by the City Council. 284 He asked that everyone be brief and courteous. 285 186 Mayor Bergeson relayed that an Environmental Assessment Worksheet (EAW) was prepared for the 87 Eagle Brook Church, and has undergone public review. The City received comments and staff 6 COUNCIL MINUTES APRIL 28, 2003 APPROVED 288 distributed a draft response document on March 19. He advised the next step is for the City Council 089 to make a declaration on the need for an Environmental Impact Statement (EIS). He explained that as 290 part of the comment period, the EAW is submitted to various government regulatory agencies for 291 their review, and responses to their comments are included in the staff response document. He 292 reminded those in attendance that the purpose of the public hearing is to determine the adequacy of 293 the EAW and decide if there is a need for an EIS. He reiterated the rules for addressing the Council, 294 including the need to keep comments to four minutes or less and to remain focused on the 295 environmental issues. 296 297 Betsy Friesen, 975 James Street, stated four months ago the City Council directed the start of a 298 history project. She indicated the committee she represents has been researching the city, and found a 299 deep Native American heritage. She stated the report for Eagle Brook Church acknowledges Native 300 American burial grounds, but says the construction will not disturb them, which is hard to determine. 301 The digs they have done have only been 2 to 2 1/2 feet deep, while the artifacts found at Spirit Hills 302 were not found until they reached 5 to 6 feet deep. She stated the History Committee respectfully 303 requests no further action is taken until this can be researched further. 304 305 Doug Jost, 7304 Brian Drive indicated he represents the Centerville residents who think Eagle Brook 306 should be required to complete an EIS. He indicated 44% of the residents polled are against this 307 project, for many reasons, and since Centerville has decided not to take a position, it is important that 308 Lino Lakes does. He advised that in the rules for deciding if EIS is needed there are adequate reasons 309 to require one here. He read the rules for the Council and audience, and questioned if proper notice 310 had been provided, as required by law, since he did not receive any. He indicated an EIS should be . 11 required since due process has not been followed, and he would request the Council order an EIS. 12 313 Barbara Bor, 7707 20th Avenue N, Hugo, indicated she represented the petitioners. She 314 acknowledged that Eagle Brook voluntarily performed the EAW, which the petitioners appreciate. 315 She commented on their disappointment that no one was present from the City at the neighborhood 316 meeting in April 2002. She indicated Dan Nelson, the chair of Eagle Brook church, presented a 10 317 year plan which included expansion and on-going construction over a 10 year period. She indicated 318 that faced with an April 2003 start date, the neighbors formed an organization to review the designs 319 and address their concerns. She stated 25 signatures were required to petition for an EAW, and the 320 group presented 80. She commented that critical to decision making tonight is the fact there is no 321 formal plan, only conceptual ideas. She advised staff has expressed that this is unusual, and asked if 322 the City Council has thoroughly considered all of the questions. She explained the material in the 323 packets she presented to the Council, and reiterated that the church has not brought a plan before the 324 City. She expressed that to understand the environmental impact, staff needs to understand how the 325 project lays on the acreage, and understand the concerns of the Sierra Club and the petitioners. 326 327 Wayne LeBlanc, 1677 Peltier Lake Drive, expressed he has nothing against the church, however the 328 Met Council and Sierra Club said the septic system should be considered as an interim system, and it 329 should be part of the Conditional Use Permit that they connect to the sewer. He advised he tried to 330 find out more at Anoka County but could get no information; he would like to have the name of a 331 contact for Anoka County from City staff. He further advised there is little data on how the waste 332 water calculations were done. The EAW states 2,800 gallons per day with a peak flow of 4,200 333 gallons for a peak attendance of 2,800 people. He indicated that last week, Eagle Brook had an 34 attendance of 6,500, and based on a calculation from the MPCA, that produces a peak of 8,320 NIP 35 gallons per day. 7 COUNCIL MINUTES APRIL 28, 2003 APPROVED 336 0337 Mr. LeBlanc reviewed his perceived inadequacies with the drain field, and indicated this is a great 338 concern, since last year with the heavy rains the area had totally saturated soils, and he would predict 339 that tested under last year's conditions, this system would fail. He stated his opinion that this project 340 should not even be considered without sewer. He noted his second area of concern is protection of 341 the environment in the north part of Peltier Lake. He discussed the no -wake zone and the great blue 342 herons and other waterfowl. He expressed that informal agreements do not work, and the City needs 343 to get agreements in writing. He finished by indicating he was very concerned that the current EAW 344 and responses are an inadequate picture of the development. He believes there should first be an 345 actual proposal, then either a full EIS should be done to get the real impact, or the EAW should have 346 enough information to actually judge the project. 347 348 Amy Donlin, 6100 Centerville Road, stated she is a member of the Environmental Board, and a 349 naturalist at Wargo Nature Center. She indicated she is not confident of the EAW, and does not think 350 staffs report reflects an adequate picture. She indicated that in a 1998 survey, residents indicated that 351 the rural ambiance has a high value to them. In addition, this location is a critical habitat and could 352 create an irreversible loss of heron in the seven county metropolitan area. She emphasized that a 353 septic system of this size is risky, and a failure could cause irreparable damage to the area. 354 355 Mark Blanton, 93 Palomino Lane, stated the concerns raised so far are concerns the residents would 356 have with anything at that location. He indicated parking concerns have always been important to 357 Eagle Brook, and will continue to be, and the new location will improve that situation. He expressed 358 that the church realizes there are large traffic concerns; but as opposed to retail or residential, the Ak359 church traffic will be off peak. He indicated the traffic issues can be effectively managed with the W60 assistance of the City, County, Mn/Dot and Met Council, and the method of dealing with the traffic 361 until the roads are expanded is well documented. He feels it would be an unfair cost to impose an EIS 362 on the church. 363 364 Scott Anderson, Director of Operations for Eagle Brook Church, indicated that from the beginning of 365 this project they have tried to work within the terms of the City, and have hired the best firms to work 366 with them and the City through all the issues. They have tried to provide expedient answers, and 367 have been patient with the process. He advised that the EAW is clear; the report, 30 day comment 368 period, and response are important tools for the church to use in their final design. He explained that 369 Mn/Dot states a traffic control office would be required until modifications to the roads are made, but 370 did not require an EIS. Neither did Anoka County, or Rice Creek Watershed District, nor has the Met 371 Council or the Sierra Club. He stated the church would concur with the finding of all of these 372 government bodies. He agreed they are a healthy church, with healthy attendance and on the move, 373 but the 6500 attendance mentioned was for Easter, not a normal Sunday. He further agreed they have 374 had no additional dialogue with the Heron group, since they were asked to stop contacting them. 375 376 Pat Smith, 6922 West Shadow Lake Drive, stated he has lived in Lino Lakes since 1980, and has been 377 active on many committees. He indicated he is a regular attendee of Eagle Brook church, and spoke 378 with the pastor last summer about the project. He expressed everyone is looking for fair use of the 379 property. He agreed all issues need to be addressed, and traffic and the right to worship are both 380 important issues. He stated his home is used on Wednesday nights for kids to worship and get 381 together. They had 20 kids last fall, and are now up to about 40 a week. He indicated this is 082 something the kids are doing on their own, the parents or the pastor are not doing it. It is an amazing 8 COUNCIL MINUTES APRIL 28, 2003 APPROVED 383 thing, and this church has proven it can transcend generations and do a great job of it. His concern is •384 not the loss of a great church in Lino Lakes, but the loss to the kids in the community. 385 386 Barbara Bauman, 6401 N. Trappers Crossing, indicated she wanted to address what good citizens the 387 church has been, including designing and building in accordance with the EAW. She stated they have 388 been careful to design a building to protect the environment, including the heron population. She 389 agreed plantings, rain gardensand buffers are important to protect these things, and acknowledged that 390 the negative declaration does not grant approval of the project. She indicated there will be time for a 391 public hearing for other design issues, and a negative declaration should be issued to allow the plan to 392 proceed, with the details the City would like to see. 393 394 Terry Kirberger, 1880 77th Street, quoted from Matthew 8:20, asking where the neighbors go for a 395 quiet refuge when 2000 cars are going through their neighborhood. He stated last year Eagle Brook 396 advertised what a peaceful church they were, but asked how it could be peaceful with 2000 cars. He 397 added that when the neighbors try to speak up for their privacy, they are labeled anti -church, which 398 could not be further from the truth. 399 400 Ann Hopkins, SRF Consulting in Plymouth, stated she was part of the design team that prepared the 401 EAW. She believes most of the issues raised have been addressed by staff, but wanted to clarify a 402 few points. She indicated the research of the burial mounds were coordinated with a State 403 archeologist and another agency, with comments from both in the EAW, and both have been known 404 to be very conservative in their opinions, however they expressed no concerns. She stated that 405 although a site plan has not been formally submitted, it was included in the EAW in a very detailed Ase06 form and shows where the building is, adding this is a very typical process. W07 408 Ms. Hopkins indicated that concerning the septic system issues, they have provided adequate 409 responses, and agrees it needs to be reviewed in the site plan, but she is confident the figures are 410 accurate. She stated that in the most recent DNR letter, their conclusion has not changed, they are 411 still satisfied with the EAW, they only wanted to reiterate their concerns, which can and will be 412 addressed during site plan review. 413 414 Mayor Bergeson called for a short recess at 8:11 p.m. 415 416 The meeting reconvened at 8:17 p.m. 417 418 Gregory Stull, 1537 Sherman Lake Road, stated Eagle Brook Church has been sensitive to the 419 environment. He indicated this project does impact him; however he would not want 93 acres taken 420 up byindustry, which would have a worse impact. He feels the church has been sensitive to the 421 environment and it could be much worse. 422 423 Ron Marier, 1801 77th Street, stated he has a background in lake management. He has had the 424 pleasure to live by the proposed Eagle Brook site for all of his 43 years, and his family has spent six 425 generations there. He indicated there is no question Eagle Brook Church is a fine concept, but what is 426 being discussed is the environmental impact. He stated that the number of people in this room is a 427 small fraction of the number the Eagle Brook congregation encompasses, and if each of the people 428 here stepped on that land, it would chase the heron out. He presented the Council wilth a packet of ini29 information, including an agreement filed in March 1974 concerning open space, with an Appendix W30 A, which stated in Item 4, the Blue Heron rookery and Peltier Lake Island will be preserved. The 9 COUNCIL MINUTES APRIL 28, 2003 APPROVED 431 Blue Heron rookery and Peltier Lake Island are important to maintenance of the ecological balance of 032 the area and preservation of the species is related to protection of the rookery and the island. 433 434 Mr. Marier asked that the Council read the information carefully, as it agrees to protect that area, no 435 matter what is developed there. He stated he asked during the April 9 meeting, how the City ensures 436 a site plan will follow EAW and preserve the Heron habitat. He advised that the DNR letter from 437 April 24 states there is no intention there would not be an impact. He reviewed the details of his 438 packet, and commented they have a jewel piece of property here, and it is up to the residents and the 439 City Council to respect that, and put something on the site that will preserve it. He challenged the 440 City Council to review what was in front of them. He spoke of past projects, such as Peltier View, 441 that have had ponding system and drainage system issues. He indicated the Peltier View elevation 442 was to be 887 feet, which is not adequate, and not sufficient to support the drainage. Now there is a 443 river of water running through it. That parcel is only 40 acres with a few homes; imagine a 92 acre 444 site with Eagle Brook Church on it. He advised that trees and buffers have been destroyed, creating 445 wetlands, which are close to the proposed drainage area. He reviewed points on the proposed site and 446 surrounding area where this is the case. He asked the Council to go through the packet, as it cannot 447 be summarized in four minutes, and not to go back on their campaign promises to protect the land. 448 He thanked them for the job they do. 449 450 Greg Munson, 200 S. 6th Street, Minneapolis, indicated he was with Fredrickson and Myer, 451 representing Eagle Brook Church. He advised that when you look at the documents and numerous 452 outside comments, you have to ask if the document allows a site plan to come forward, which it does. 453 The documents do not say there will not be an impact, but it allows Eagle Brook to address that 54 impact as they move forward. The timeframes mentioned previously are to protect the petitioner to W55 ensure things proceed, to allow general input and allow staff to compile the information. He stated 456 that if ever there has been due process, this has been it. He indicated that if Eagle Brook Church is 457 allowed to come forward, the City would have the ability with the Conditional Use Permit to regulate 458 compliance. 459 460 Lisa Kettler, 7678 20th Avenue N, indicated the river Mr. Marier mentioned flows through her 461 property. She stated she is actually considering flood insurance. She has read the comments in staff's 462 response, and has a concern with the comparison of traffic that bases a residential development on 463 three homes per acre. She asked the Council to consider the current zoning of this property, which is 464 one home per ten acres. 465 466 Connie Grundhofer stated that as an environmentalist, she is concerned about the beauty of the area. 467 She has seen so much taken away, and wants to be able to give something to the children of today. 468 She commented that if the church has programs, she would love to have them show the children how 469 to save the land. She asked the Council to remember that future church boards may not follow the 470 wishes or agreements of the current board, and the City has no ordinance to protect it from that 471 happening. 472 473 Councilmember O'Donnell moved to close the public hearing at 8:36 p.m. Councilmember Dahl 474 seconded the motion. Motion carried unanimously. 475 476 Mayor Bergeson indicated there has been a lot of discussion with staff on this issue at various Council meetings and work sessions, and staff's recommendation is to make a negative declaration on .77 78 the need for EIS. 10 COUNCIL MINUTES APRIL 28, 2003 APPROVED 479 080 Councilmember Carlson asked that the City Planner go through the criteria for an EIS and explain his 481 position for the audience and those at home. 482 483 City Planner Smyser clarified he does not have a position, he has a recommendation, and it is up to 484 the Council to take a position. He read through the criteria for an EIS from Subp. 7. A -D, and 485 explained each in detail, starting with D. 486 D. the extent to which environmental effects can be anticipated and controlled as a result 487 of other available environmental studies undertaken by public agencies or the project 488 proposer, including other EISs. Typically intended to mean if there is another EIS or EAW 489 on the area, it could be used. He is not aware of any other EIS that has been prepared for 490 this area. 491 C. the extent to which the environmental effects are subject to mitigation by ongoing 492 public regulatory authority. The project plan has not been received. This will be subject 493 to staff review and many other government agencies will also require approval. 494 B. cumulative potential effects of related or anticipated future projects. This refers to a 495 project that will develop over time, meaning the EAW has to include all phases. Over the 496 years, there have been a lot of phased projects; this mandates that all are reviewed at 497 once. 498 A. type, extent, and reversibility of environmental effects. 499 500 He reviewed staff's summary on the following points: 501 • The Heron Rookery — the DNR letter did not say there was no impact, it said EIS will not tell W02 us anymore than the EAW already has. 03 • Traffic and Roadways — this is a huge issue, but as stated in the report, the issue is not caused 504 by the church. The City is in the process with a number of surrounding districts of looking at 505 I -35E and the Interchange. They have included the Counties in the discussion, and are 506 looking at a 35 Corridor Study. They also met last week to talk about 20th Avenue, as there is 507 significant growth planned on 20t'~ Avenue. All of this needs to be addressed, and the City 508 does not have the resources to do it on their own, nor do they have all of the regulatory 509 control. He added the City has the ability with a Conditional Use Permit to regulate how 510 things are done and address issues. 511 • Wetlands, Visual Aspects — he reviewed the wetland comments, and lighting standards, and 512 stated there is a misunderstanding on the spire. He stated this is not a typical spire with a bell 513 tower, etc. Again, with the Conditional Use Permit the City can make sure the design is 514 acceptable. 515 516 In summary, staff's recommendation is that an EIS is not necessary, as the issues have either been 517 address or can be addressed through the normal process. 518 519 Councilmember Carlson asked about the cumulative potential effects of related or anticipated future 520 projects portion of the criteria. She asked if that includes other projects in the same area. City 521 Planner Smyser stated that was a little vague, but it could include them; that is one of the reasons they 522 are looking at the corridor study. 523 524 Councilmember Reinert asked about the estimated cost and timeframe to complete an EIS. City 025 Planner Smyser indicated they are all different, but one he worked on for the University of Minnesota 11 COUNCIL MINUTES APRIL 28, 2003 APPROVED 526 when they proposed to upgrade their steam facility was over a million dollars. He stated an EIS is a 027 big, expensive, deal, and could take a year or more. 528 529 Councilmember Reinert asked if in the instance City Planner Smyser mentioned, anything further was 530 found with the EIS. City Planner Smyser stated that project did not have a typical EAW, they knew 531 an EIS would be needed and went straight to that. 532 533 Councilmember Reinert indicated what he is trying to see is if an EIS would produce more 534 information, and if not, why they have them, since they take so long and cost so much. He stated the 535 church has been very professional, and he is not against them at all, they just picked a very 536 environmentally sensitive area to build. He is trying to see why some things require an EIS, and what 537 is usually found out from them, and why the consensus is that an EIS will not provide more 538 information. He stated he has heard the answers before, but they have a lot of citizens here who have 539 spent a lot of time digging up compelling information. 540 541 City Planner Smyser indicated an EIS looks into specific issues, such as the archeology study that 542 was mentioned. When they were building Highway 55 they found an underground spring system 543 they did not know was there; that is the type of situation you would then want to do an EIS to address. 544 If an EAW finds a significant environmental issue that requires further research, an EIS would be in 545 order. They have not seen anything in this EAW that would require the added research of an EIS. He 546 advised that concerning the heron, the DNR has stated they do not believe an EIS would provide them 547 with additional information. All of the environmental issues are being addressed in other ways, by 548 Lino Lakes' staff and other regulatory agencies. He thinks the EAW has told them what the issues .49 are, and they can be addressed individually during site design. 50 551 Mayor Bergeson noted that none of the Council is experts on environmental issues or the EAW, and 552 they have to rely on those who are, which is why there is a long list of agencies to submit the EAW to 553 for comments. He advised that when they make a decision, they have to take that into consideration. 554 555 Councilmember O'Donnell asked about the State requirements brought up by Mr. Jost. City Planner 556 Smyser stated he thinks it is great when people get interested in the State rules, but he does not agree 557 with Mr. Josts' interpretation. He indicated staff took longer on this to review the comments when 558 they came in, but he does not think the City is required to do something or make a different decision 559 than they choose now because that review took so long. 560 561 City Attorney Hawkins offered he is not familiar with EAW rules, so he would have to defer back to 562 City Planner Smyser. 563 564 Councilmember O'Donnell indicated that for purposes of discussion, they will assume they are in 565 compliance. City Attorney Hawkins agreed, and indicated he could look into it if needed, but he is 566 not in a position now to comment. 567 568 Councilmember Reinert indicated a lot of people at the microphone gave the Council a lot of 569 information and asked them to look it through. He asked if they had a deadline or could take some 570 time with this. City Planner Smyser stated the City has already taken a long time with this, and the 571 applicant has been patient. He indicated if there is an issue with the City taking so long, it would only 72 exacerbate that to delay a decision. However, if Councilmember Reinert is asking if the City is in a W73 position where they must make a decision tonight, no, they are not. He just believes it should go 12 COUNCIL MINUTES APRIL 28, 2003 APPROVED 574 through quickly. Councilmember Reinert indicated he would like to have time to review what they •575 have been given. 576 577 Mayor Bergeson indicated he has a slightly different view. He stated the Council has spent a lot of 578 time on this issue, and there have been a lot of reviews by the appropriate agencies. He agreed they 579 have heard and received a lot of information tonight, but they have not heard anyone say that what the 580 regulatory agencies have said is not true. They have followed the law, in great detail, and he thinks 581 they should move to a decision. 582 583 Councilmember Carlson indicated she could support Councilmember Reinert's position, since in the 584 criteria City Planner Smyser reviewed she still has questions, particularly in trying to decide if the 585 EAW fully covered related or anticipated future projects. She stated she has three questions for Scott 586 Anderson that may alleviate her concerns if Mr. Anderson would be willing. She does not want to 587 cost the church any more expense or time, but thinks a decision could wait for two weeks. 588 589 Mr. Anderson stepped to the microphone for the three questions. Councilmember Carlson asked if he 590 could tell her no additional development was planned on the site, and that the EAW covers all 591 development Eagle Brook will build. Mr. Anderson stated the EAW covers the only plans Eagle 592 Brook has at this time. He cannot say what they may do in the future, he thinks further building is 593 likely, but they will work within the system if that were to occur, just as they are now. 594 595 Councilmember Carlson asked if they would honor the greenway concept as shown in the 596 Comprehensive Plan. Mr. Anderson stated he does not know enough about that to answer. He indicated Eagle Brook is an environmentally conscious neighbor. He indicated they stayed away •597 598 from the greenway with the current plans, and want to be environmentally sound in all of their plans. 599 He stressed the church is very willing to work within the system. 600 601 Councilmember Carlson asked if the church will contribute to the infrastructure costs as stated in the 602 Comprehensive Plan. She indicated one comment by the Met Council is about sewer hook-up, and 603 she is not satisfied with staff's response. She advised the Comprehensive Plan stated developers 604 should contribute to this type of infrastructure improvement. Mr. Anderson indicated he was not an 605 expert, but as they go through the permit process, they will discuss and work with the City. 606 607 Councilmember Carlson commented that waiting for two weeks may give us more of an answer. Mr. 608 Anderson indicated the question did not seem to be part of the EAW issue. Councilmember Carlson 609 disagreed, noting they are all addressed in the EAW. Mr. Anderson reiterated they would be willing 610 to work with staff. 611 612 Councilmember O'Donnell indicated he could agree with Councilmember Reinert's suggestion to 613 table this for two weeks, but he will not. He referred to Councilmember Carlson's earlier analogy of 614 apples and plums, indicating they keep losing focus. He stated he would like to see Council move 615 forward with this issue tonight, and then deal with the host of issues surrounding the actual project if 616 a project comes forward. 617 618 Councilmember Dahl stated she has been on the Council for six years, and questioned why they did 619 an EAW with no project application. She understands they asked to have it done, but wonders why. City Planner Smyser reiterated that there was a petition to have it done, so the church decided it •620 621 would proceed. He advised they did receive a lot of information, just not the details they are used to 13 COUNCIL MINUTES APRIL 28, 2003 APPROVED 622 seeing, like storm water calculations. He stated they did have enough information to look at the `523 environmental issues. He indicated he is of the theory that an EAW should be done early, before you 624 use a lot of resources for the site plan, only to have to do it over again after the EAW is done. 625 626 Councilmember Dahl asked if they passed the EAW, and at a point in the future staff felt an EIS was 627 needed, could they require one. City Planner Smyser indicated if Council made a negative 628 declaration saying no EIS is needed, they are done, unless information comes in showing a significant 629 difference from the plan, which would allow them to start the process over. 630 631 Councilmember Dahl stated she agrees with Councilmember Reinert. She indicated she had wanted 632 the public hearing, although she did not know she would be getting this much additional paperwork, 633 and even though they have had a lot of information prior to tonight, she would like to review the new 634 information in detail before voting. 635 636 Councilmember Carlson moved to table Resolution No. 03-44, Negative Declaration on the need for 637 an Environmental Impact Statement, Eagle Brook Church. Councilmember Reinert seconded the 638 motion. 639 640 Councilmember Reinert indicated he does not want this to be a big stall tactic. His inclination was to 641 vote for Negative Declaration, but the residents have supplied the Council will more information, and 642 he thinks that should be reviewed. 643 644 Councilmember Carlson indicated she has concerns about the City meeting all of the criteria. She 645 stated the Council has to be able to say they have. This is why she asked the church those questions, W46 but she did not feel she got clear answers. She indicated the cumulative potential effects are another 647 issue. City Planner Smyser mentioned the Tri -City coalition meeting, and she recently received a list 648 of issues that would be discussed, some of them affecting this area. She commented that the 649 environment should not only be important to one neighborhood, but all of the residents of Lino Lakes. 650 She would encourage everyone who has taken an interest in this issue to look at other things going in 651 the City as well. 652 653 Mayor Bergeson indicated he is against tabling the motion. He thinks they have the information they 654 need to make a decision, and encourages the City Council to put the material they received in context; 655 some being factual, some personal opinion. He goes back to the process in the law of getting 656 comments from regulatory agencies, and he can see this process going on and on. He stated they have 657 an obligation to make a decision as quickly as they can and put the matter in context of law and of 658 criteria for an EAW. If the Council votes to belabor this, he encouraged them to review the new 659 material with this in mind and consider the relevance to the process. 660 661 Councilmember Reinert indicated he agrees with most of what the Mayor stated, but this is a large 662 development affecting a lot of neighbors, and they are representatives of the residents. He thinks they 663 need to look at what has been said and presented. If approved, the development will be here for a 664 very long time. 665 666 Councilmember O'Donnell indicated he will not support a motion to extend, but respects the opinion 667 of the City Council and hopes everyone understands this is a difficult decision, and they want to make ift668 the best decision they can. 669 14 COUNCIL MINUTES APRIL 28, 2003 APPROVED 670 Mayor Bergeson clarified that the motion was to table the Resolution to the first City Council 1,71 meeting in May and the May 7 work session. 672 673 Motion carried. Vote: 3 Ayes, 2 Nays. Councilmember Carlson voted yea. Councilmember Reinert 674 voted yea. Councilmember Dahl voted yea. Councilmember O'Donnell voted nay. Mayor Bergeson 675 voted nay. 676 677 C. Consideration of Second Reading of Ordinance No. 09-03, Transfer of Easement for 678 Right -of -Way Purposes to Anoka County, Jeff Smyser 679 680 City Planner Smyser summarized the staff report, indicating this was a housekeeping issue, and staff 681 recommends approval. 682 683 Councilmember Carlson moved to approve SECOND READING of Ordinance No. 09-03, Transfer 684 of Easement for right-of-way purposes to Anoka County. Councilmember Dahl seconded the motion. 685 686 Motion carried. Vote: Councilmember Carlson voted yea. Councilmember Dahl voted yea. 687 Councilmember O'Donnell voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted 688 yea. 689 690 Ordinance No. 09-03 can be found in the City Clerk's office. 691 692 D. Consideration of Resolution No. 03-59 authorizing Economic Development Funds for 693 Site Plan and Market Analysis of properties on 35E, Mary Divine W94 695 Mary Divine presented the staff report, indicating staff recommends approval. 696 697 Councilmember Carlson indicated the staff report talks mostly about stadium development on one of 698 the four sites, but asked if this study would not give them other information on the I -35E corridor as 699 well. Ms. Divine agreed, stating it will give them an idea of the commercial and industrial uses the 700 City should be promoting, whether or not a stadium comes to fruition, and will give the City good 701 traffic information as well. 702 703 Amy Donlin read a letter from Art Hawkins, which opposes the feasibility study as being in 704 contradiction with the approved Comprehensive Plan. He stated that page 47 of the plan states 705 "Through various public participation efforts including the 20/20 visioning, the 1997 citizen survey 706 and a series of Comprehensive Plan neighborhood meetings, a majority opinion was expressed that 707 the community's natural environment areas and open rural character are of prime importance to the 708 city and its residents". Furthermore, on page 29 the plan says: "The active farms in Lino Lakes 709 represent a valuable land use within the City. As such, the protection of the existing active farms will 710 be a priority within the city's rural areas." It further stated that in his opinion, authorizing $7,000 for 711 a site study is tantamount to saying the city wants the stadium and is offering earnest money. He 712 feels this project would negatively impact many areas of the city, and feels the promoters are trying to 713 stimulate competition. He indicated the stadium issue has been a tenuous matter, and does not know 714 why the City would want to get involved. He asked that the Council consider what road they are 715 leading the city on as they make their vote. •716 15 COUNCIL MINUTES APRIL 28, 2003 APPROVED 717 Councilmember Reinert moved to Adopt Resolution No. 03-59 authorizing Economic Development 018 funds for Site Plan and Market Analysis of properties on 35E. Councilmember Carlson seconded the 719 motion. 720 721 Councilmember Dahl clarified that by doing this study with two other cities, they are saving the City 722 money while still getting useful traffic and land use information. Ms. Divine agreed, they were 723 saving money over having this done on their own. 724 725 Councilmember Carlson stated she believes they will get information that is beneficial for the City to 726 determine what business could occur along 35E, as well as the viability of a stadium, and then the 727 benefits will have to be weighed. She indicated right now they are only spending money for more 728 information. 729 730 Mayor Bergeson stated he is not speaking in favor of a stadium, this expenditure is for information on 731 that corridor. He indicated he knows it will be developed eventually, and a stadium is possible, but 732 there have been a lot of stadium proposals in a lot of cities over the years and that is not what this is 733 focused on. 734 735 Motion carried 4:1. Councilmember O'Donnell opposed. 736 737 Resolution No. 03-59 can be found in the City Clerk's office. 738 739 E. Adopt 2003 Minnesota State Building Code and City Fee Schedule, Linda Waite Smith 40 1.41 City Administrator Waite Smith presented the staff report, reviewing the code changes and options 742 and staff recommendations. She pointed out the change to the code requiring sprinkling of aircraft 743 hangers exceeding 2,000 square feet, which would apply to any hangars constructed in the Lino 744 Airpark or at Surfside, a change from 5,000 square feet in the previous code. She noted Centennial 745 Fire Chief Milo Bennett is here to answer questions. 746 747 Tom Schmelzer, 398 Carl Street, indicated this change affects his property and six others. He is 748 concerned about a water supply and how they would comply. He has done some research, and 749 determined they would need a water supply capable of pumping 180 gallons per minute, whereas a 750 typical well pumps 20 gallons per minute. The cost for this high pressure water supply would be 751 from $20,000 to $100,000, and could exceed the value of the hangar and contents. He indicated it 752 seems difficult for them to comply. He added that from a public safety standpoint, there are no 753 occupants of these building, and if they are constructing this size well, there will be seven more 754 access points to the aquafer, that will not be used regularly, giving the potential to contaminate the 755 water supply. He thinks there needs to be more time to see how the homeowners can comply with 756 this new code. He would ask the Council for a provision to exclude hangars in the airpark at this 757 time. 758 759 Fire Chief Bennett stated that the new code specifically takes aircraft hangars out of residential and 760 puts them into commercial buildings over 2000 square feet. Hangars are specifically identified, and 761 he does not know why. He agrees it is hard to suppress fires on big open buildings when they have to 762 truck water in, and noted the City does not have the ability in the code to separate hangars without W7763 excluding other commercial buildings, which he would not want to do. He sympathizes with the 64 hangar owners, but 2000 square feet is a good sized building. 16 COUNCIL MINUTES APRIL 28, 2003 APPROVED 765 •66 Councilmember Carlson asked if this would affect new constructions or all buildings. Fire Chief 767 Bennett indicated it would cover new construction, or additions to existing, at the time the permit was 768 requested. Anything currently in progress would be under the old code. 769 770 Councilmember Reinert asked how a building that is not a commercial use, can be called commercial 771 due to the size. Fire Chief Bennett indicated he did not know, but reiterated aircraft hangars were 772 specifically identified. Councilmember Reinert stated that because they were specifically identified, 773 it tells him there is a reason that the Council is unaware of. 774 775 Fire Chief Bennett indicated that he knows in Blaine they had a lot of businesses being run out of the 776 hangars that had nothing to do with airplanes. He also reminded the Council that this is an 777 International code, not even just Minnesota code. 778 779 Councilmember Reinert clarified that seven residents will be affected, and forced to spend money to 780 sprinkle. Mayor Bergeson indicated they would only have to comply if they expand or build a new 781 hangar. He asked what the maximum size was for hangars at the airpark. City Planner Smyser 782 indicated 3200 square feet. 783 784 Glen Martig, 376 Carl Street, indicated he has a hangar, but for the seven current owners and the 18 785 future owners, most of the hangars do not have heat, and it is very expensive to put in a system that 786 will not freeze. 787 88 Karl Johnson, 314 Carl Street, learned only on April 15 that the fire code had been changed and W89 demands placed on the hangar owners. He reiterated that the cost of suppression exceeds the cost of 790 construction in most cases. He spoke with someone in the building department to ask for a permit, 791 and was told that the City would only grandfather for 10 days after the March 31 State adoption date, 792 which had already passed. There was no chance for him to apply. 793 794 Fire Chief Bennett indicated the State adopted the building code on March 31, but Chapter 1306 is 795 optional. The City currently has a chapter 1306, but without hangars specifically mentioned. City 796 Attorney Hawkins confirmed permits should be allowed for 30 days after it is adopted and published 797 by Lino Lakes. City Administrator Waite Smith suggested Mr. Johnson talk to the Community 798 Development Director about a permit. 799 800 Mr. Johnson indicated he also spoke with someone from MAC, who said they are only aware of a 801 handful of fires in 13 years, among 800 hangars that are under the jurisdiction of MAC. He has been 802 told they were unaware the code was changing from 5000 square feet to 2000 square feet, and MAC 803 said they only sprinkled at 10,000 square feet. 804 805 Councilmember O'Donnell stated this does not make sense, and in trying to find a short-term solution, 806 they may create issues down the road. He asked if the Fire Chief believes private hangars greater 807 than 2000 square feet should be sprinkled. Fire Chief Bennett replied that if they had a fire, there 808 would be nothing he could do. He stated they have previously been unsuccessful extinguishing fires 809 in pole barns. He reiterated that he did not choose to have hangars included in this code, but does not 810 see an option to take it out. It is part of the whole package of Chapter 1306. He noted Blaine has the 11 same ordinance. W812 17 COUNCIL MINUTES APRIL 28, 2003 APPROVED 813 Mayor Bergeson stated that infrequency is not a good reason to not sprinkle, and he thinks the issue is •14 one of feasibility. If small private hangars are unheated and the only option is an unheated well, it is 815 difficult to comply. He thinks the effort to expand the use of sprinkling is a good one, but questions 816 how to do that practically. 817 818 Councilmember Reinert stated he does not think they have an answer to why private buildings of 819 2000 square feet are now commercial and have to be sprinkled, and if they are going to impose 820 $20,000 or more on seven residents, he believes they need to know that. 821 822 City Attorney Hawkins reiterated that when they adopt the building code, they do not have the option 823 to change the wording. He stated he does not know if there is an exception for water supply, but they 824 can look at that. 825 826 Mayor Bergeson asked if they did not adopt this Chapter, what they would lose. Fire Chief Bennett 827 indicated they would be backing off of sprinklers in a lot of areas, and it would be a big step back. 828 City Administrator Waite Smith added that the Joint Powers agreement indicates the City has to adopt 829 it. Fire Chief Bennett agreed. He stated right now the fire department does not worry about 830 commercial buildings because they are sprinkled. He noted hangars are one little piece of what is 831 covered in this chapter, and he would not want commercial businesses slipping through the cracks. 832 He suggests the hangar owners pull permits in the next 30 days. 833 834 Councilmember Carlson asked Fire Chief Bennett to address the successfulness of sprinklers. Fire 835 Chief Bennett cited an example of a daycare center with a tanning salon attached. When the building 1,36 changed uses to the daycare, they required it be retrofitted with sprinklers. There was a fire in the 37 tanning salon, but it had extinguished itself before the fire department could get there, and the daycare 838 business was operating the next day. The tanning salon had minor carpet damage and little else. He 839 stated that without sprinklers, there is damage done before they get there, and while they are setting 840 up, however with sprinklers the fire is usually out before they arrive and the fire department just helps 841 the business squeegee things out. 842 843 Mayor Bergeson asked if there was any alternative to high pressure sprinklers. Fire Chief Bennett 844 indicated there were different kinds of systems, but he does not have clear information, and does not 845 know if any of them would be cheaper. He knows you can have dry systems, and can have systems 846 on a well. He indicated another option would be an arrangement like they made with the school 847 district. He indicated the City Council passed a resolution and asked the State Fire Marshall for a 848 variance. He is not sure if this would work, but they could try it. 849 850 Mayor Bergeson asked if they had a deadline to pass this. Fire Chief Bennett indicated that anything 851 on the table before it passed would be grandfathered under the old code, so he would like to see it 852 passed soon. Mayor Bergeson asked how many of the hangars were already at their maximum size. 853 City Planner Smyser did not have specifics, however he stated they were all over 2000 square feet, 854 but not all at the maximum size, so they could have additions that would put them under the new code 855 requirements. 856 857 City Attorney Hawkins indicated they could get building permits within the 30 day timeframe. 858 Councilmember O'Donnell asked how long the permit would be valid. He wants people to 1.59 understand if they pull a permit with no plans to build, it would only be valid for a defined period of 60 time. City Planner Smyser added they would need engineering plans to request the permit. 18 COUNCIL MINUTES APRIL 28, 2003 APPROVED 861 062 Mr. Johnson stated at a development in Georgia, since this is a nationwide issue, they were able to get 863 around it by having the intention of the hangars classified as hobby, not commercial, with no 864 commercial ventures being allowed to be housed or operated from the hangar. He indicated the intent 865 of the code is for commercial properties. 866 867 Councilmember Reinert stated his opinion on overburdening the owners with this expenditure is the 868 Council does not know the reason they would be doing it. He feels they need to have an answer to 869 why greater than 2000 square feet is considered to be commercial whether it is or not. He stated the 870 owners have an issue not only with the building code, but also having to heat the hangars, and he 871 thinks they need an answer to 'why' before they can impose that requirement. 872 873 Mayor Bergeson asked what the effect of delaying to the next meeting would be. He questioned if 874 there were other commercial buildings that could be exempted in that time. Fire Chief Bennett 875 indicated there are a lot of commercial requests coming in, and he would not like to see this delayed 876 too long, but he will attempt to get an answer to the question in the next two weeks. Mayor Bergeson 877 suggested he may be able to get information on what they did in other areas also. 878 879 Councilmember Reinert moved to table SECOND READING of Ordinance No. 10-03, Adopting the 880 Minnesota State Building Code and City Fee Schedule to City Council meeting on May 12, 2003. 881 Seconded by Councilmember Dahl. Motion carried unanimously. 882 883 F. Century Farm North Residential Subdivision, Jeff Smyser 1,884 85 i. Consider First Reading of Ordinance No. 12-03, Approving Rezoning to Planned 886 Unit Development. 887 ii. Consideration of Resolution No. 03-60, Approving the Preliminary Plat and 888 MUSA Allocation for Century Farm North. 889 890 City Planner Smyser explained the project under consideration, and indicated this is the first project 891 under the new Growth Management ordinance. He reviewed the ordinance as it relates to MUSA 892 reserve and the number of units allowed per year. He stated that the Ordinance allows for 36 acres of 893 MUSA reserve to be used per year, with a +/- 20% range. He noted 27.7 acres have been allocated 894 this year prior to this project. He explained this project would be in five phases over five years, so the 895 City would be agreeing to allocate specific acreage amounts each year. Because of the MUSA 896 amounts that have already been allocated, the first year they would be using a total of 43 acres of 897 MUSA reserve, which is 19% over the yearly amount, but within the 20% flexibility range. He noted 898 they did not expect to meet the limit so quickly in the year, and advised this will reduce the amount of 899 development available down the line. 900 901 City Planner Smyser explained that the second part was the number of units allowed per year, which 902 is 147, again +/- 20%. He stated they gave 52 units to Stoney Brook, are giving 56 to Century Farms, 903 and will have 39 left for the year. He indicated as other developments are approved they will add to 904 this spreadsheet and track what has been allocated to make sure they do not exceed the allowance per 905 year. He continued to review the staff report, noting that the development has low and medium 906 density areas, and with the PUD, they have combined those to come up with a net density of 3.6 units W907 per acre rather than looking at individual areas. He advised the new zoning ordinance creates a more 08 clearly defined process for PUDs, requiring a concept plan, development (preliminary) plat, and final 19 COUNCIL MINUTES APRIL 28, 2003 APPROVED 909 plat. He indicated that a regular plat typically addresses only one zoning type, and it becomes more .910 of a development plat when several uses are combined. 911 912 City Planner Smyser presented some of the elevations, showing the different styles that would be 913 used, even on the attached townhomes, with different doorways, roof lines and garage loading 914 options. He indicated an issue raised by the Planning and Zoning Board were the end units, which 915 look fairly blank. They requested visual variety be added to the end units. He reviewed the street 916 layout, indicating that an existing home on the corner of the property has a driveway going to Sunset, 917 and redesigning that driveway will have to be worked out before construction starts, as it is too close 918 to the new intersection. He noted the Planning and Zoning Board recommended Carl Street not 919 connect, and a section of Carl Street will need to be vacated, with the first reading of that ordinance 920 scheduled for May 12. He reviewed the remainder of the report, highlighting the design standards for 921 the PUD and the airpark layout. He advised that the developer will be marketing a section of the 922 development as an airpark now, however if they are unable to sell them with that use they may want 923 to convert to regular single-family homes. Staff has advised that they may have to come back for a 924 new preliminary plat if that is the case. He addressed hangar design standards and parking issues 925 within the townhome section, and reviewed the wetland plans, indicating they were subject to Rice 926 Creek Watershed District approval. He noted approval of the wetland plan is tied directly to the park 927 dedication, so it is critical to the project that the proposed wetland plan is approved. He indicated 928 they have not finalized the park dedication acreage and fees, but explained the formula used and 929 indicated it will be finalized prior to final plat. 930 931 City Planner Smyser explained that a lift station is necessary, and a utility study is being done. He w32 indicated the Environmental Board had many recommendations, most of which are now standard City 33 procedures, however one of their recommendations cannot be accommodated, as it concerns an area 934 of meadow that is not part of the plat. He stated the one unresolved issue from the work session was 935 the phasing plan, which is within the parameters of the Growth Management Ordinance, and all other 936 issues have been resolved. He indicated staff recommends approval of both the Ordinance and the 937 Resolution. 938 939 Councilmember Reinert stated that with the Growth Management Ordinance, City Planner Smyser 940 mentioned the number of units per year and the MUSA allocation, but he thought they also have a 50 941 units per developer limit, +/- 20%, and it appears phase 2 is over that limit. City Planner Smyser 942 indicated that was not a strict requirement. He does not remember the exact language, but it does not 943 specifically say you cannot go over 50 units. 944 945 Councilmember Reinert indicated one developer could then get 147 units, and he thought they had a 946 restriction to prevent that. City Planner Smyser stated one developer cannot get one year's allocation. 947 Councilmember Reinert indicated his memory was 50 units a year and they could go up 20% on 948 MUSA and the 147 per year, so phase 2 may need adjusting. 949 950 Councilmember Reinert asked if there was additional parking for the attached townhomes. City 951 Planner Smyser stated that in addition to the driveways and garage, there are parking clusters around 952 the development, a total of 49 additional guest spaces. 953 954 Councilmember Reinert clarified the park dedication would be approximately 6-7 acres and �55 $190,000. City Planner Smyser indicated it was somewhere in that range, they still need to finalize 56 the numbers. He reiterated the watershed plan has to be approved or the park dedication falls apart. 20 COUNCIL MINUTES APRIL 28, 2003 APPROVED 957 `958 Councilmember Carlson asked for clarification on the density. City Planner Smyser indicated they 959 did not separate the density as part of the PUD, noting one of the difficult things to do with 960 PUDzoning is to look at different density, so they combined it. Councilmember Carlson indicated 961 she was more curious than anything, and it would be helpful for the Comprehensive Plan to know 962 how many acres and units of each type they are using. City Planner Smyser stated he could have that 963 information for final plat. 964 965 Councilmember Carlson asked if the hangars are commercial or residential. City Planner Smyser 966 indicated if they are over 2000 square feet, they are considered commercial, adding they will have 967 water. Councilmember Carlson indicated she was asking from a screening perspective, between 968 residential and commercial, since the map does not show the neighborhood to the south. City Planner 969 Smyser stated that for zoning, this would be considered residential for purposes of screening. The 970 development to the south is the existing air park. 971 972 Councilmember Carlson asked if there was wetland south of the runway. City Planner Smyser stated 973 there was a pond on the south. Councilmember Carlson stated she received a call about a pond issue, 974 and asked where that was located. City Planner Smyser demonstrated on the site map, and showed 975 how it would be enlarged to accommodate the new development. He indicated that expansion was 976 mostly approved before the home plans came in, and is inherently part of the storm water plan. He 977 indicated the developer did have a meeting with the residents, with the outcome unresolved, but it 978 will have to be worked out before development begins. 979 . 80 Councilmember Carlson noted a letter of April 16 from City Engineer Studenski that says an 81 agreement must be reached before any construction commences. She stated her understanding is one 982 of the issues is planting of trees for screening along the pond. City Planner Smyser noted this was 983 one of the conditions of the Resolution. 984 985 Councilmember Carlson stated this is further emphasized in the Environmental Board 986 recommendation, which reinforces that condition. Her point being this must be concluded before 987 construction, and the trees are desired by the neighbors and the Environmental Board. She asked if 988 the hangars are in sight of the pond. City Planner Smyser indicated they were not really in sight, and 989 noted the trees around the pond were not related to screening the hangars. 990 991 Councilmember Carlson asked for assurance it was being worked on, and noted the trees do not seem 992 to be as much of an issue as some they have worked on. City Engineer Studenski confirmed it was 993 being worked on. He stated there is a meeting next Wednesday, where they will go around the pond 994 with the developer and the neighbors to discuss the issues on screening and landscaping. 995 996 Brandon Almich indicated he was a resident of Century Farms Phase 2. He stated he was glad to hear 997 the Council is concerned about the environment, but finds it interesting when talking about breaking 998 up the view, old developments are often neglected. He indicated they are not here to prevent 999 expansion of the pond or of the development, but are here to voice concerns and express 1000 disappointment with the representation from the City. He stated they have a petition, and will present 1001 solutions rather than just complaining. He indicated that when looking at the petition, which was 1002 faxed to the City, the developer, Rice Creek Watershed Districts and others, you can see the A003 significant dissatisfaction with the pond. He stated they received 67 signatures from 56 households, 04 even though there are only 35 houses on the pond, which demonstrates this is a neighborhood 21 COUNCIL MINUTES APRIL 28, 2003 APPROVED 1005 concern. He expressed he moved to Century Farms for the beauty, and it has been filled with 006 pheasant, fox, deer; all of which will have no home if the City lets this development continue. He 1007 explained that when he bought his home, he was told there would be no homes behind them, as it was 1008 wetlands. There have been many changes to what they have been told would happen over the last 1009 several years, and meanwhile they have become accustomed to the natural beauty the wetlands 1010 provide. He expressed disappointment that the neighborhood meeting was held over Easter break, but 1011 stated that in spite of that they have received significant neighborhood support. At the meeting, a site 1012 meeting was suggested, and they also expressed concern about an urban development where all they 1013 will see is vinyl siding. 1014 1015 Mr. Almich indicated they had heard tree scrubbing would start, although an approved plan was not 1016 done. He stated that one thing they have learned is that it is all about money. Much of the wetland is 1017 being considered upland, because it is easier to fill and access. He thinks the reason for this pond 1018 expansion is to get enough fill, and it does not allow room for trees to remain. He expressed that the 1019 100 year flood line may be lower than they calculated, dictating that the pond could be smaller, but 1020 they were told the time and money to recalculate would be too significant to be done. He questions 1021 why they would make the pond larger than it needs to be without an evaluation being done. He also 1022 expressed concerns, outlined in his handout, about taking away the trees they are accustomed to, 1023 which takes away the noise buffer and wildlife as well. He stated the proposed plan not only does not 1024 take away their concerns, it does not even address them. He is asking the Council not to approve the 1025 plan for the next phase, which affects the prior phases, until a commitment is made by the developer 1026 on the trees and pond. He indicated the prior plan and proposed plan are very different, and they are 1027 now taking out a huge portion of trees that was not originally planned. .28 29 Mr. Johnson, representing the developer, stated it is unfortunate the residents feel they are not being 1030 heard, but noted a neighborhood meeting is not required. He indicated this was not a new project, 1031 they are trying to finish what was approved before. He acknowledged the pond has changed, but they 1032 have been working with the Rice Creek Watershed District to address the concerns. He indicated 1033 work was supposed to start this week, however they have delayed it until these issues are resolved. 1034 He stated these plans have been scrutinized since 1994, and agreed the pond has undergone a shape 1035 change, with reforesting that will be discussed on Wednesday. He indicated it was their intent to 1036 discuss this with the neighbors, and they are not trying to hide anything. 1037 1038 Mr. Johnson further indicated there may be some error in the flood plain levels, as the consultants 1039 made several assumptions, and it may be off 2-3 feet; however that will not affect the ponds in the 1040 central core of the project. He demonstrated on the site plan opportunities for additional screening, 1041 which will be discussed in detail as they work out a plan. He reiterated they were trying to finish 1042 what they agreed to do, and are doing it in a sincere fashion. He stated the homes will be 600 to 1000 1043 feet away, but yes, there will be fewer trees in that area. He hopes the Council will support the staff 1044 recommendation. He noted that in Resolution 03-60, the number of units is incorrect, and should be 1045 corrected if passed. He agrees the parkland dedication is proving to be more difficult than 1046 anticipated, but they will work that out with staff also. 1047 1048 Councilmember Carlson asked which additions this was approved on. Mr. Johnson stated the 2"d, 4th 1049 and 5th. Councilmember Carlson indicated that this was the first time the City Council was hearing of 1050 the issue with the trees, as it did not go out in the report nor was it brought up at the work session. 51 She is surprised about the petition, first hearing of that on Thursday, at which time she suggested they W52 either call the City Engineer to discuss or it would be on the agenda. 22 COUNCIL MINUTES APRIL 28, 2003 APPROVED 1053 .54 Mr. Johnson explained the plan was approved in 1994. They are trying to get this back to a good 1055 wetland resource, working with all the appropriate agencies, and are not making decisions in a 1056 vacuum. He stated the other reason for the pond is to provide adequate drainage. He indicated they 1057 do not believe a flood water study would have a significant impact on the pond. He explained the dirt 1058 was always intended to go into Phase 6 and 7, which they could not do until now. They will do 1059 additional screening and planting around the pond. He agreed the material will be going into other 1060 phases, but stated that was approved before. 1061 1062 Councilmember Reinert stated he understands the ponding issue, and it seems the buffer issue is what 1063 is left. He asked what type of buffering is proposed. Mr. Johnson stated several things were 1064 discussed, and that was the purpose of meeting with the residents next Wednesday. He indicated 1065 options may include changing the shape, and/or transplating existing trees on the property. He added 1066 the second part of the buffer is planting new trees, with willows being suggested, and wetland grasses 1067 on the shores. There is also an opportunity for evergreens elsewhere on the property that may be 1068 spadeable into the area. He stated he will defer to the experts, but there will be a plan. 1069 1070 Councilmember Reinert stated he would be looking for language in the Resolution that reflects those 1071 statements, understanding the developer will work with residents and staff. 1072 1073 Deb Peterson, 208 Palomino Lane, stated it was unfortunate the pond was not built right the first time. 1074 She indicated there is a lot of wildlife around the pond, and she is hoping when it is bigger there will 1075 be more of that. Her concern in the long term is the environmental impact, however in the short term, 1,76 they have to pump the pond to get it shallow enough to excavate, and that means a diesel pump 77 running 24 hours a day. She requested they look at noise barriers and ways of doing this without 1078 having a large pump in someone's backyard. 1079 1080 Chris Klecker, 7675 Appaloosa Lane, stated he is concerned about the trees. They will have to cut up 1081 to the path to make the pond bigger, which is changing the plan, and he does not want all the trees 1082 gone. He wants the oak trees to stay, but wants the density also. 1083 1084 Tom Berg indicated he faces across the pond, where Mr. Johnson indicated it is 1000 feet away. He 1085 stated now all they see is tree line. He feels they are going to destroy two neighborhoods to make 1086 one, and does not think that is right. He expressed that the pond does not have to be that big, and they 1087 could make two larger ponds, rather than one huge one, which would maintain the tree line. He does 1088 not want this new development to destroy their lots. 1089 1090 Chris Klecker indicated maybe this was supposed to go forward in 1996, but now the neighbors are 1091 here, and there are people it affects. He would like the developers to be more specific than 'we are 1092 working on the buffer'. He stated there are a lot of questions to answer. Concerning the size of the 1093 pond, he stated last summer was one of the wettest on record, and they had no flooding. 1094 1095 Mr. Uhde indicated every one of the residents have received disclosure statements and pictures of the 1096 proposed pond that shows the expansion. He had a half-dozen people call after the neighborhood 1097 meeting to apologize, because when they bought they did receive a booklet outlining the proposed 1098 plan. 099 23 COUNCIL MINUTES APRIL 28, 2003 APPROVED 1100 An unidentified audience member indicated he has been a resident for three years, and there are .0101 changes taking place on all sides. He stated when he moved in, it showed park, but now there are 1102 homes. He indicated it appears as long as the changes are favoring new development, the existing 1103 homeowners' rights are gone. He added he believes the developer when they say they are completing 1104 the pond rather than doing something new, because they looked at a mound of dirt for a long time. 1105 1106 Another audience member stated she looked at that mound for about a year, however it was originally 1107 supposed to be a seven acre pond, now it is nine acres. She indicated there have been other changes 1108 also, such as soccer fields that were promised, and now they have no parks, nowhere for their kids to 1109 play, and she wants everything in writing. 1110 1111 City Planner Smyser advised that the City has nothing to do with the meeting held with the neighbors. 1112 He indicated it is very common for a developer to have a neighborhood meeting, and staff 1113 intentionally does not attend. He indicated the correction to the Resolution should be 56 homes in 1114 2003 and 55 lots in 2005. He stated there are 22 conditions, and read the proposed wording for 1115 condition #23 to address the neighborhood concerns about work starting before the pond is resolved. 1116 1117 Councilmember Carlson stated she did not want to create unrealistic expectations for the residents, 1118 stating the developer was working with other government agencies and there were limitations on what 1119 could be provided. 1120 1121 Mr. Uhde pointed out that the City has approved a plan, and are now asking them to modify it and 1122 come back to the City Council for final approval. He is concerned about being held up with 15 . 23 residents having 15 different ideas. He indicated every day they wait he is losing money. 24 1125 Councilmember Reinert stated he looks at it differently, as something that was supposed to be done, 1126 and they are only asking that the developer finish what was approved. 1127 1128 Mr. Uhde indicated there were changes in the plan requested by the Corps and the Watershed District. 1129 They would be happy to go back to the original plan, but that is not what the other agencies want. 1130 1131 Councilmember Reinert advised the neighbors to be realistic in their expectations. He indicated their 1132 backyards are going to change, but staff will work with the developers and the neighbors to make 1133 compromises where they can. 1134 1135 Councilmember Dahl asked about the pile of dirt that had been mentioned. It was clarified it is no 1136 longer there. 1137 1138 Councilmember Reinert moved to approve FIRST READING of Ordinance No. 12-03; Rezoning to 1139 Planned Unit Development. Councilmember O'Donnell seconded the motion. 1140 1141 Motion carried. Vote: Councilmember Reinert voted yea. Councilmember O'Donnell voted yea. 1142 Councilmember Carlson voted yea. Councilmember Dahl voted yea. Mayor Bergeson voted yea. 1143 1144 Ordinance No. 12-03 can be found in the City Clerk's office. 1145 • 24 COUNCIL MINUTES APRIL 28, 2003 APPROVED 46 Councilmember Carlson moved to adopt Resolution No. 03-60, approving MUSA allocation and 1 d 47 preliminary plat/PUD stage plan for Century Farm North, with the 22 conditions included by staff and 1148 condition 23 which says: 1149 23. Prior to commencing site work on Century Farm North, the developer must supply a 1150 plan that includes pond reconfiguration, tree planting, landscaping, and buffering for 1151 the pond south of the air park which incorporates neighborhood concerns and is 1152 acceptable to the City, as approved by the City Council. 1153 1154 Councilmember Dahl seconded the motion. 1155 1156 Mayor Bergeson noted that he is not sure that with condition #23, it would be necessary to come back 1157 to the City Council. He stated they usually do not require that, staff just works it out. He expressed 1158 to the audience that about 10 or 12 years ago at the old City Hall, he was at a similar meeting where 1159 residents on Lilac and Sunset had concerns about the area the audience currently lives in. He 1160 indicated staff and the developers tried to address their concerns, with some things taken into 1161 consideration, and some not. His point is that if all of the neighbors requests had been granted then, 1162 the audience' houses would not be where they are today. He indicated there is only so much control 1163 you can have when you do not own the view. 1164 1165 Motion carried unanimously. 1166 1167 Resolution No. 03-60 can be found in the City Clerk's office. 1168 � 69 Mayor Bergeson called for a short recess at 12:50 a.m. The meeting was reconvened at 12:56 a.m. 70 1171 K. Consideration of Resolution No. 03-58, Accepting petition for Surface Water 1172 Management Improvements and authorizing feasibility study, Prairie Flower Road, Jim 1173 Studenski 1174 1175 City Engineer Studenski summarized his report, indicating the area has been of concern for the 1176 residents for many years, and they want a correction made, and are willing to pay for it. 1177 1178 Councilmember O'Donnell asked if when all is said and done, there will be a plan of action to correct 1179 the situation. City Engineer Studenski indicated that was correct. 1180 1181 Mayor Bergeson asked if this was just a drainage issue. City Engineer Studenski stated it was a wet 1182 yard issue; a problem with the drainage pattern and a condition that lasts most of the summer. 1183 1184 Mayor Bergeson asked if there is an engineering solution. City Engineer Studenski indicated they 1185 will look at drain tile and other methods of correcting it. 1186 1187 Councilmember O'Donnell moved to adopt Resolution No. 03-58, accepting petition for Surface 1188 Water Management Improvements and authorizing preparation of a feasibility study for Prairie 1189 Flower Road drainage improvements. Councilmember Dahl seconded the motion. Motion carried 1190 unanimously. 1191 AN92 Resolution No. 03-58 can be found in the City Clerk's office. 93 25 COUNCIL MINUTES APRIL 28, 2003 APPROVED 1194 G. Consideration of Resolution No. 03-54, approving plans and specification and 11095 authorizing advertisement for bids, Elm Street Reconstruction Project, Jim Studenski 1196 1197 City Engineer Studenski summarized the staff report, indicating staff recommends adoption of the 1198 Resolution. 1199 1200 Councilmember Reinert moved to adopt Resolution No. 03-54, approving plans and specification and 1201 authorizing advertisement for bids, Elm Street Reconstruction Project. Councilmember Dahl 1202 seconded the motion. Motion carried unanimously. 1203 1204 Resolution No. 03-54 can be found in the City Clerk's office. 1205 1206 13. Consideration of Resolution No. 03-55, approving fmal payment, 2001 Sealcoat Project, 1207 Jim Studenski 1208 1209 City Engineer Studenski summarized the staff report, indicating staff recommends adoption of the 1210 Resolution. 1211 1212 Councilmember Dahl moved to adopt Resolution No. 03-55, approving Payment No. 2 (Final) for the 1213 2001 Sealcoat Project. Councilmember Reinert seconded the motion. Motion carried unanimously. 1214 1215 Resolution No. 03-55 can be found in the City Clerk's office. 1216 17 I. Consideration of Resolution No. 03-56, Approving Final Payment, 2002 Sealcoat Project, 1,18 Jim Studenski 1219 1220 City Attorney Studenski summarized the staff report, indicating staff recommends adoption of the 1221 Resolution. 1222 1223 Councilmember Carlson moved to adopt Resolution No. 03-56, approving Payment No. 2 (Final) for 1224 the 2002 Sealcoat Project. Councilmember O'Donnell seconded the motion. Motion carried 1225 unanimously. 1226 1227 Resolution No. 03-56 can be found in the City Clerk's office. 1228 1229 J. Consideration of Resolution No. 03-57, amending Resolution No. 02-156, to change term 1230 of assessment, Lake/Apollo Drive Improvement Project, Jim Studenski 1231 1232 City Engineer Studenski presented the staff report, indicating this is a housekeeping issue due to a 1233 clerical error, and staff recommends adoption of the Resolution. 1234 1235 Councilmember Carlson clarified they had approved ten years and it will remain ten years. City 1236 Engineer Studenski indicated this was correct. 1237 1238 Mayor Bergeson asked if there were any legal issues. City Engineer Studenski indicated there were 1239 not; they followed the proper process, it was just at the end the clerical error occurred. •40 26 COUNCIL MINUTES APRIL 28, 2003 APPROVED 1241 Councilmember Dahl moved to adopt Resolution No. 03-57, amending Resolution No. 02-156 to 042 change the term of assessment for the Lake/Apollo Drive Improvement Project. Councilmember 1243 Reinert seconded the motion. Motion carried unanimously. 1244 1245 Resolution No. 03-57 can be found in the City Clerk's office. 1246 1247 UNFINISHED BUSINESS 1248 1249 A. Approval of the January 27, 2003 City Council Minutes 1250 B. Approval of the February 10, 2003 City Council Minutes 1251 1252 Councilmember Carlson moved to approve the minutes of January 27, 2003 as presented. 1253 Councilmember O'Donnell seconded the motion. Motion carried unanimously. 1254 1255 Councilmember O'Donnell moved to approve the minutes of February 10, 2003 as presented. 1256 Councilmember Reinert seconded the motion. Motion carried unanimously. Councilmember Dahl 1257 abstained. 1258 1259 NEW BUSINESS 1260 1261 A. Approval of the April 14, 2003 City Council Minutes 1262 B. Approval of the April 14, 2003 Annual Board of Review 1263 1,64 Councilmember Carlson noted that on the April 14, 2003 City Council minutes, the following 65 changes should be made: 1266 • Page 2, Line 73, should say 'Mark Boeckman', rather than 'Mark Bachman'. 1267 • Page 7, Lines 279, 280, should say 'they could severely hamper running the City', rather than 1268 'they could be severely hampered in running the City'. 1269 • Page 7, Line 308, should say `surrounding cities that have lower water fees', rather than 1270 `surrounding cities, have lower water fees'. 1271 1272 Councilmember Dahl moved to approve the minutes from the April 14, 2003 City Council meeting 1273 and the April 14, 2003 Board of Review. Councilmember Carlson seconded the motion. 1274 1275 Motion carried unanimously. 1276 1277 COMMUNITY CALENDAR April 29, 2003 THROUGH May 12, 2003: 1278 1279 A) Wednesday, April 30, 2003, 6:30 p.m., Environmental Board Meeting 1280 B) Thursday, May 1, 2003, 7:00 a.m., EDAC 1281 C) Saturday, May 3, 2003, 9:00 a.m. - 3:00 p.m., Spring Recycling Day, Public 1282 Works Facility • 27 COUNCIL MINUTES APRIL 28, 2003 APPROVED *283 D) Monday, May 5, 2003, 6:30 p.m., Park Board Meeting 1284 E) Wednesday, May 7, 2003, 5:30 p.m., Council Work Session 1285 F) Monday, May 12, 2003, 6:30 p.m., City Council Meeting 1286 ADJOURN 1287 1288 There being no further business, Councilmember Dahl moved to adjourn at 1:14 a.m. Mayor 1289 Bergeson seconded the motion. 1290 1291 Motion carried unanimously. 1292 1293 These minutes were considered and approved at the regular Council Meeting, May 12, 2003. 1294 1295 1296 1297 (,L''l 1298 Ann Blair, Citi Clerk John B geso ; Mayor 1299 1300 Transcribed by: 1301 Karen Whaley 1302 TimeSaver Off Site Secretarial, Inc. 003 • 28