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HomeMy WebLinkAbout03/22/2004 Council MinutesAPPROVED 1 CITY OF LINO LAKES • 2 MINUTES 3 4 5 DATE : March 22, 2004 6 TIME STARTED : 6:42 P.M. 7 TIME ENDED : 11:36 P.M. 8 MEMBERS PRESENT : Councilmembers Carlson, Dahl, Reinert, Stoltz and 9 Mayor Bergeson 10 MEMBERS ABSENT : None 11 12 Staff members present: City Administrator, Gordon Heitke; City Clerk, Ann Blair; Community 13 Development Director, Michael Grochala; City Engineer, Jim Studenski; City Planner, Jeff Smyser; 14 Public Services Director, Rick DeGardner; Economic Development Assistant Mary Alice Divine and 15 City Attorney, Barry Sullivan. 16 17 SETTING THE AGENDA 18 19 The agenda was approved as amended. 20 21 CONSENT AGENDA 22 23 Councilmember Carlson moved to approve the Consent Agenda as presented. Councilmember Stoltz 24 seconded the motion. • 25 26 Motion carried unanimously. 27 28 ITEM ACTION 29 30 A. CONSIDERATION OF EXPENDITURES: 31 32 i) March 22, 2004 (Check No. 70514 — 33 70620, $207,593.45). Approved 34 35 ii) Centennial Fire District (Check No. 14169 — 36 14184, $3,476.72). Approved 37 38 OPEN MIKE 39 40 There was none. 41 42 FINANCE DEPARTMENT REPORT, AL ROLEK 43 44 There was none. 45 46 ADMINISTRATION DEPARTMENT REPORT, DAN TESCH 47 • 48 There was none. COUNCIL MINUTES MARCH 22, 2004 APPROVED 49 ill 50 PUBLIC SAFETY DEPARTMENT REPORT, DAVE PECCHIA 51 52 A. FireWise Grant Authorization, Milo Bennett 53 54 Mr. Bennett summarized the Staff report, indicating he is here to seek approval for the FireWise 55 Grant. He advised his department has worked with the DNR to identify areas in Lino Lakes prone to 56 fire because of overgrown trees or vegetation close to homes. He stated they would like to apply for a 57 $16,500 grant, which is matched by the time of those involved, with no cash outlay. 58 59 Councilmember Reinert moved to approve the request to apply for the FireWise Grant in the amount 60 of $16,500 by the Centennial Fire District. Councilmember Dahl seconded the motion. 61 62 Motion carried unanimously. 63 64 PUBLIC SERVICES DEPARTMENT REPORT, RICK DEGARDNER 65 66 A. Consideration of Resolution 04-37, Approving 2004 Park Board Goals, Rick DeGardner 67 68 Public Service Director DeGardner summarized the Staff report, reviewing the Park Board goals for 69 2004. 70 71 Councilmember Carlson moved to approve Resolution No. 04-37 approving the 2004 Park Board 72 Goals. Councilmember Dahl seconded the motion. •73 74 Motion carried unanimously. 75 76 Resolution No. 04-37 can be found in the City Clerk's office. 77 78 Councilmember Carlson asked that Item 7D be heard before Item 7C, since 7C could take a 79 considerable amount of time and there is someone in the audience on 7D. 80 81 COMMUNITY DEVELOPMENT DEPARTMENT REPORT, MICHAEL GROCHALA 82 83 A. Public Hearing, Consideration of FIRST READING of Ordinance 03-04, Vacation 84 Drainage and Utility Easements and Accepting New Easements, Lot 2, Block 1, Oak 85 Brook Peninsula, Jim Studenski 86 87 Mayor Bergeson advised Staff is working with the applicant and surrounding neighbors to address 88 issues before it is brought before the City Council. 89 90 Mayor Bergeson re -opened the public hearing at 6:50 p.m. 91 92 Councilmember Dahl moved to continue the public hearing to the April 12, 2004 City Council 93 meeting. Councilmember Stoltz seconded the motion. 94 •96 95 Motion carried unanimously. COUNCIL MINUTES MARCH 22, 2004 APPROVED 97 B. Legacy at Woods Edge, Michael Grochala • 98 99 i. Consideration of SECOND READING of Ordinance No. 04-04, Rezoning Certain 100 Real Property from LB, Limited Business District to PUD, Planned Unit 101 Development District, Legacy at Woods Edge. 102 103 Community Development Director Grochala stated there were three items relating to Legacy at 104 Woods Edge on the agenda tonight. He indicated one thing has changed since the first reading of 105 Ordinance No. 04-04. He stated since this serves as the zoning ordinance for this project, Staff has 106 reviewed the guidelines in Section 3.1, Allowable Uses. He reviewed what has been changed in that 107 table. 108 109 Councilmember Stoltz moved to adopt Ordinance No. 04-04 amending the Zoning Ordinance of the 110 City of Lino Lakes by rezoning certain real estate from LB, Limited Business District to PUD, 111 Planned Unit Development. Councilmember Carlson seconded the motion. 112 113 Motion carried. Vote: Councilmember Stoltz voted yea. Councilmember Carlson voted yea. 114 Councilmember Dahl voted yea. Councilmember Reinert voted yea. Mayor Bergeson voted yea. 115 116 Ordinance No. 04-04 can be found in the City Clerk's office. 117 118 ii. Consideration of Resolution No. 04-38 Authorizing Preparation of Report on 119 Improvements 120 • 121 Community Development Director Grochala summarized the Staff report, indicating Staff 122 recommends approval. 123 124 Councilmember Carlson moved to adopt Resolution No. 04-38, Authorizing preparation of report on 125 improvement, Legacy at Woods Edge. Councilmember Dahl seconded the motion. 126 127 Motion carried unanimously. 128 129 Resolution No. 04-38 can be found in the City Clerk's office. 130 131 iii. Consideration of Resolution No. 04-42, Declaring Intent to Bond, Legacy at 132 Woods Edge/YMCA. 133 134 Community Development Director Grochala summarized the Staff report, indicating this is an 135 Administrative requirement. He stated as they go through the public improvement project they may 136 bond. He indicated this does not commit the City to do so, but gives them the opportunity if deemed 137 appropriate. He stated Staff recommends approval. 138 139 Councilmember Reinert moved to adopt Resolution No. 04-42, declaring intent to bond, Legacy at 140 Woods Edge/YMCA. Councilmember Stoltz seconded the motion. 141 142 Councilmember Carlson stated her only concern is it is identified as $26 million in public costs, and 143 she questioned how it would be structured. Community Development Director Grochala stated what • 144 this is doing is specifically for public improvement. He reminded the Council that last fall they COUNCIL MINUTES MARCH 22, 2004 APPROVED 145 established a TIF District for $26 million, and set the budget to what could be generated in taxes from 0146 this project, which is $26 million. He noted the City Council would have the opportunity to examine 147 and vote before any expenditure of money. 148 149 Motion carried. Vote: 3 Ayes, 2 Nays. Councilmembers Carlson and Dahl opposed. 150 151 Resolution No. 04-42 can be found in the City Clerk's office. 152 153 D. Public Hearing, Consideration of FIRST READING of Ordinance No. 06-04, Vacating 154 Drainage and Utility Easement, Lot 18, Block 4, D. Erickson, 2°d Addition, Jim 155 Studenski 156 157 City Engineer Studenski summarized the Staff report, indicating this is the first reading, with the 158 second scheduled for April 12, 2004, publication following approval of the 2nd reading, and the 159 effective date of the ordinance 30 days after publication. 160 161 Councilmember Carlson indicated that given the fact there is a 20 foot easement, and people are 162 encroaching on it, and that 10 feet is standard, she asked if Staff could look at it and see if there are 163 others they should be vacating. 164 165 City Engineer Studenski indicated they have looked at it, and have determined they would have to 166 deal with each on an individual basis, so they are proceeding with this one. 167 168 Councilmember Dahl moved to approve Ordinance No. 06-04 vacating a portion of a drainage and lip 169 utility easement across Lot 18, Block 4, D. Erickson 2nd Addition. Councilmember Carlson seconded 170 the motion. 171 172 Motion carried. Councilmember Dahl voted yea. Councilmember Carlson voted yea. 173 Councilmember Reinert voted yea. Stoltz voted yea. Mayor Bergeson voted yea. 174 175 Ordinance No. 06-04 can be found in the City Clerk's office. 176 177 C. Consideration of Resolution No. 04-17, Conditional Use Permit / Preliminary Plat, Eagle 178 Brook Church, Jeff Smyser 179 180 Mayor Bergeson reviewed the procedure as they work through this item. He indicated he is aware 181 there are a lot of strong feelings on all sides of the issue. He hopes everyone will be respectful of the 182 opinions of others. He advised that first they would hear the Staff presentation on background and 183 what needs to be covered this evening. Then there will be an opportunity for the church to make a 184 presentation; then the neighborhood groups have some scheduled presentations. He stated that at that 185 point they would hear any feedback from the public, and finally Staff comments and City Council 186 deliberations. He indicated they would not have an interrogation of Staff as they go through this, 187 however there would be time for Staff to respond at the end. He thanked everyone for their patience 188 through this process, and in advance for their patience and courtesy this evening. 189 190 City Planner Smyser summarized the Staff report, noting that as it stands now there are 27 conditions 191 of approval. He stated many of them are standard conditions for commercial development; some are • 192 specific to the church. He read the conditions, highlighting the following points: COUNCIL MINUTES MARCH 22, 2004 APPROVED 193 1. City Planner Smyser indicated this condition should be changed to add a line, reading 9194 as follows: This conditional use permit approval includes the 2100 -seat worship 195 space, but not the additional 700 seats. This approval also includes the 50 -foot 196 building height as shown on the submitted building plans. The addition of more 197 seating requires an amendment of this conditional use permit. The review of the 198 amendment will include, but not be limited to, the adequacy of the wastewater 199 treatment system and traffic impacts on the transportation system. 200 3. If weekday evening worship services are scheduled, they shall not occur prior to 7:00 201 p.m. in order to avoid conflict with the weekday peak travel period (rush hour). This 202 condition does not apply to small worship activities that create no traffic issue and 203 does not apply to special holiday or other special events. 204 6. Parking lot lighting and church spire lighting shall be turned off no later than two 205 hours after services or other events at night but no later than 10:00 p.m. This does not 206 apply to special holiday or other special events. City Planner Smyser indicated the 207 church is requesting this be changed to 11:00 p.m., and the neighborhood group 208 submitted some changes they would like to see which indicated they would be okay 209 with 11:00 p.m. as well. He stated Staff is in support of this change. 210 10. Prior to the issuance of a building permit, the church must obtain written approval 211 from Anoka County Highway Department that the westbound right turn lane at the 212 CSAH 14/CSAH 21 intersection will function as demonstrated in the submitted traffic 213 analysis. The church must make any improvements to the turn lane as required by 214 Anoka County. City Planner Smyser stated Staff wants to make sure the turn lane is 215 functioning as intended. He indicated they have found out the turn lane is already 216 eight feet shorter than necessary. He stated it is up to Anoka County to decide if 217 improvements need to be made. 218 11. The church shall be responsible for the construction and cost of a right turn lane on the 219 northbound I -35E exit ramp at CSAH 14. 220 a. The church shall obtain agreement on the design of this turn lane from 221 Anoka County Highway Department and Mn/Dot, as necessary, and 222 submit proof of the agreement, prior to issuance of a building permit for 223 the church. 224 b. This turn lane shall be completed prior to issuance of a certificate of 225 occupancy for the church. 226 City Planner Smyser stated the church has concerns with this condition, and suggested 227 that rather than saying prior to certificate of occupancy that escrow be held to cover 228 additional improvements needed. He indicated the church has several changes they 229 will be proposing to the conditions. 230 231 Mayor Bergeson indicated he knows some or all the City Council will have comments, and ask that 232 they be held until the City Council deliberation period. He stated if there are brief questions they can 233 be asked now. 234 235 Councilmember Carlson asked the square footage of the building footprint. City Planner Smyser 236 stated it is 57,463 square feet. 237 238 Councilmember Reinert indicated because of the sensitive nesting environment for the Heron from 239 April 15 to July 15, he wondered if Staff was recommending limitations on construction times. City • 240 Planner Smyser stated there are no conditions. He indicated the church has said it would wait to build COUNCIL MINUTES MARCH 22, 2004 APPROVED 241 the well, which is the noisiest of the construction. He stated Staff s view is if construction is delayed •242 now it would only be pushing it out next year. 243 244 Councilmember Reinert indicated that again, because of the sensitivities and concerns of the Heron 245 Group, he asked what the start time would be for the project, assuming approval. City Planner 246 Smyser stated they should discuss that with the church. He suggested City Council could allow them 247 to start grading but not actually building until after final plat. He indicated he would defer tot he 248 church on the schedule. 249 250 Councilmember Reinert indicated if they are not talking about a lot of time, and with the sensitivity of 251 the issue, and what they have gone through as a city to protect the Heron he is wondering if they are 252 being foolish to not extend the start time to July 15 to protect the nesting time. He asked if that 253 would be an acceptable situation. 254 255 Mayor Bergeson stated when the church does their presentation he would ask them to respond, and 256 when they reach the City Council discussion the Council can comment with their opinions on this 257 issue. 258 259 Susan Stinewell, Eagle Brook attorney, thanked Staff, the City Council, Environmental Committee 260 and everyone who has spent a lot of time on the project. She indicated the church is very appreciative 261 than their efforts. She stated as outlined, they do have a couple of comments on two of the 262 conditions. She indicated with respect to lighting, they are fine with the neighborhood proposal of 263 11:00 p.m. She stated with respect to condition #11 and construction of the right turn lane on I -35E 264 at CSAH 14, the church agrees it is an important interchange and the City needs to have a mechanism 265 in place to make sure it gets done. She indicated while the church could argue this is a State highway, 266 they did not go that route. However they do have a concern with the blank check phenomenon, as 267 they are not sure what a right turn lane will cost. She stated while they can estimate the cost of 268 bituminous, this is subject to approval of Anoka County and Mn/Dot. She advised the church has a 269 meeting scheduled with both of these entities on April 1st, and hope for resolution at that time. She 270 indicated their concern is as it reads now, the church is responsible for 100% of the costs, yet they do 271 not know the costs. She stated certainly many other businesses and groups will benefit from these 272 turn lanes, for the first concern is not knowing the cost, and they are hesitant to say the church will 273 pay whatever those costs may be. She indicated the second concern is saying no certificate of 274 occupancy will be issued until it is done., She stated condition 11A says the church cannot get a 275 building permit until agreement, but again that is a concern because the church is not building on their 276 land or the city's land, but on Federal property. She indicated they are willing to move this forward 277 as quickly as possible, as evidenced by the meeting scheduled for April 1st, but they cannot move the 278 Federal government. She stated they are willing to do what they can, but do not want the occupancy 279 certificate hinged on it. She indicated they are proposing a financial security, which is done all the 280 time when there is a public improvement; to make sure it gets done. She stated this would be done 281 after there is agreement on what needs to be done. She indicated the church is proposing a $30,000 282 escrow, which is a lot for a church, but they feel it is a reasonable number. She commented she is 283 joined this evening by a host of consultants, engineers, builders, church members and members of the 284 stewardship team. She stated they are prepared to answer questions on the scheduled start time, and 285 the Heron nesting. She thanked everyone again for his or her hard work and kind consideration. 286 Am 287 Barb Bauman, with Eagle Brook Church, thanked the City Council for having them here tonight. She lip 288 indicated she could speak to the Heron issue, which is close to their hearts as well as the City Council 6 COUNCIL MINUTES MARCH 22, 2004 APPROVED 289 and many residents of Lino Lakes. She stated several things affect the timing of the schedule. She •290 advised the primary Eagle Brook building site is 3000 feet from Peletier Island. She explained the 291 loudest equipment would be the pneumatic equipment to drill the well. She stated she has 292 information supporting the fact that the equipment would be 80 decibels, 50 feet from the drill. She 293 indicated to determine how loud it would be on the island, just taking distance into consideration, 294 they used a mathematical equation. She stated the drill will be 3600 feet from the island, which 295 brings it down to 43 decibels. She advised a normal conversation is 60 decibels, so it is possible 296 someone could speak at the site louder than the drill would be heard on the island. She added weather 297 can have an affect, and normally in the spring there are winds from the northwest, which would 298 dampen the noise at the island. She stated the church is willing to wait until after July 15 to start the 299 well. 300 301 Ms. Bauman indicated that compared to foot traffic, Herons demonstrated a higher tolerance to 302 occasional loud equipment noises. She noted the area used to be farmed, with equipment running 303 well before July 15`h each year. She advised the State of Washington did a study on Herons, with a 304 recommendation for a buffer distance of 980 feet. She indicated Eagle Brook is three times that 305 distance. She added that trees also help, with a large stand of trees present between the island and the 306 building site. She stated she also found an article in the Washington Journal showing the Heron are 307 less tolerant of disturbance during pre -nesting and courtship, becoming more tolerant toward nesting 308 time. She noted that she spoke of this at the Task Force Meeting, and had one gentleman who 309 expressed concern. She indicated Jo Galli indicated due to distance from the island the request would 310 be approved. 311 Ask 312 Mayor Bergeson asked the church to comment on how it would affect the schedule if there were a lip 313 delay in the start time. 314 315 Scott Anderson stated the current schedule is to start as early in May as they can. He indicated based 316 on a three to four week permit process, that timeframe seems possible. He stated a ten week delay 317 will cost the church a significant dollar amount, and will likely push construction of the parking lot to 318 spring of 2005 rather than fall of 2004. He indicated the cost has been roughly estimated at $240,000 319 for adjustments for winter conditions. He stated they would have to use blankets to keep the ground 320 from freezing, and bring in thawed dirt, taking out the same amount. He indicated he does not believe 321 those measures are necessary when you look at the information Ms. Bauman has reviewed. He noted 322 no one has been able to refute the information the church has presented concerning the Heron, and 323 they believe the information is solid and the construction will not hurt the Heron colony. He 324 indicated the church would be willing to delay construction until June 1st, and would still encounter 325 some of the winter conditions and some of the cost to do so, but at least the parking lot would be 326 likely with that schedule. He stated this delay would keep them out of the pre -nesting season and still 327 save the church some of the $240,000. 328 329 Councilmember Carlson asked if condition #11 was accurate as written in the resolution. 330 331 Ms. Steinwell stated what she would recommend is the church would be responsible for finance and 332 design of that turn lane up to $30,000. She suggested 11.b. be deleted and replaced with language 333 stating the escrow amount and assurance would be paid up to $30,000. Mayor Bergeson indicated he 334 believes the process used in other cases could be applied here. • 335 7 COUNCIL MINUTES MARCH 22, 2004 APPROVED 336 Councilmember Reinert stated as for condition #11, who would pay for the turn lane if the church 111337 does not. Ms. Steinwell indicated according to their engineers, the cost should be about $30,000, so 338 the amount should be sufficient. She stated if other pots of money can be found to help with the 339 funding from Mn/Dot or Anoka County, the church would be open to that. 340 341 Councilmember Reinert stated he was hoping for no surprises tonight, especially since they went 342 though this in detail last Wednesday for four hours with no mention of these changes. He indicated 343 the traffic flow they reviewed had a delicate balance, and to issue a certificate of occupancy before the 344 turn lane is completed does not seem reasonable. He reiterated he did not want surprises, and now 345 that is exactly what is being brought to the Council. 346 347 Mayor Bergeson stated what they have done in the past is to have the City Engineer do an estimate, 348 and then require an escrow equal to 125% of that estimate. Ms. Steinwell stated that would be an 349 acceptable solution, and it would make the church feel better to have a set amount of cost, and deposit 350 an amount to cover than, rather than have language that submits the church to an open amount. She 351 apologized for the surprises, stating that was not their intent. She indicated when she saw this 352 language she thought it was an open checkbook issue, and should have noticed it earlier. 353 354 Councilmember Reinert stated he is not looking to blame anyone, and if the church wants to go after 355 another agency besides Lino Lakes, they are welcome to do so, but this cannot be an open item on the 356 City's side. 357 358 Councilmember Dahl stated she was out of state until Sunday night, and had asked Staff and the City Aik 359 Administrator to send her express mail the information on Eagle Brook so she could read it on the lir 360 plane. She indicated that was not possible because Staff had to go through the information submitted 361 by Eagle Brook and the Heron Group. She stated today she asked someone to bring over the tapes 362 from the work session so she could listen to what was said, but that was not possible because when 363 she received the tapes there was too much hum on the tapes. She indicated she tried to speed read to 364 go through the material, and right now is gathering her thoughts. She stated she also does not 365 understand why these changes are coming up tonight, because if the church had the information since 366 Friday she would have hoped they would have worked this out. 367 368 Vern Swing indicated he works for ROK Construction as a traffic engineer. He stated he looks at big 369 box retail and large residential developments and evaluates the impact they will have on the 370 surrounding road system. He stated in the workshop they discussed how many extra trips would be 371 caused by the church. He indicated the number is 1680. Although Staff said 840, between the hours 372 of 10:00 and 11:00 there is traffic entering and exiting, so the real number is 1680. He stated big box 373 retail generates approximately 950 peak hour trips, with 12,000 trips a day. He indicated the church 374 will generate 4050. He explained that in order to analyze the big box impact he always looks at how 375 it would affect the surrounding area. He stated if the traffic can be mitigated, they feel they can 376 justify 12,000 trips a day. He indicated in the case of the church, he feels that has not been done. He 377 stated the church is not a big box retailer, but a big box will come and go fairly uniformly in an hour, 378 whereas the church is putting it all in a half hour, with 70% in the last 15 minutes before the service 379 starts. He indicated this will exacerbate the existing traffic conditions. He advised traffic flow is like 380 a liquid substance being poured into a funnel. In the case of large scale retail establishments, what 381 they do is make the funnel large enough to handle the traffic going into it. He stated in the case of the 382 church, it shows the liquid will still flow over. He indicated there is not sufficient capacity to hold 383 the traffic dumped on it. He stated in regard to the right turn lane there is no analysis that the turn 8 COUNCIL MINUTES MARCH 22, 2004 APPROVED 384 lane would not back up onto the road. He indicated the ramp will have 43 cars, and CSAH 14 from •385 Hugo would have 166 cars. He stated that is a queue of two-thirds of a mile. He stated that with the 386 turn lane there would still be 30 cars on the ramp and 33 from Hugo. 387 388 Mr. Swing stated these traffic estimates have no condition factors, such as weather. He stated he also 389 did not see a safety analysis, so he contacted Mn/Dot and Anoka County, and the data indicates this 390 exit ramp has an accident rate nearly double that of other ramps. He reiterated the church would only 391 exacerbate that condition. 392 393 Mr. Swing summarized his concerns, commenting that approving this development in this location is 394 a mistake. 395 396 Councilmember Carlson asked for more information on the number of cars that would back up. Mr. 397 Swing stated his figures are with 87% of the seats occupied, and a police officer and right turn lane. 398 He indicated the 30 cars estimated on the ramp and 33 on the approach from Hugo are with some 399 percentage of the traffic diverted. He stated if traffic is not diverted, it is 43 cars on the ramp and 166 400 coming from Hugo. 401 402 Councilmember Carlson asked why it is such a large drop. Mr. Swing stated 22% of the traffic is 403 suggested to travel further and come around from the other direction. 404 405 Councilmember Carlson asked what the numbers are if 100% of the seats are filled. Mr. Swing 406 indicated in the 100% scenario the queue on the ramp is in the high 40's and from Hugo it is over 4.407 200. Councilmember Carlson stated they have been flooded with information, but she does 408 remember reading a letter with safety calculations of 11.8% and up to 13.8%. She asked if Mr. Swing 409 was familiar with this. Mr. Swing stated he has not seen it. 410 411 Councilmember Reinert asked if the numbers Mr. Swing is quoting is from SRF. Mr. Swing stated 412 that is correct. Councilmember Reinert asked how many cars the highway ramp held. Mr. Swing 413 stated it can hold 52 cars. Councilmember Reinert stated he does not see the safety issue if the ramp 414 can hold more cars than are expected in the queue. Mr. Swing stated if the number of cars can be 415 held on the ramp and not in the traffic lane there is less concern, but if cars are in the through lane the 416 chances of an accident are greatly increased. 417 418 Councilmember Reinert indicated this is a very pivotal part of the discussion, and he is looking for 419 concrete information rather than opinion. Mr. Swing stated as you look at the accident rate, the 420 information says if one accident in 100 cars, with 1000 cars you would have 10 accidents. He 421 indicated the severity of the accidents depends on the flow. He stated on Sunday morning vehicles 422 are not expecting to stop on the highway. 423 424 Councilmember Reinert indicated the question is that cars have 650 feet to slow down, and can they 425 do it. He stated what he is trying to do is decipher the accuracy of the claims. Mr. Swing stated the 426 claims are based on the amount of time it takes to come to a stop. He indicated it appears the distance 427 from 70 mph to zero is 270 feet, with an aggressive deceleration rate. Councilmember Reinert stated 428 that would mean there is enough room if the number of cars on the ramp is expected to be 30, and 429 there is room for 52. • 430 9 COUNCIL MINUTES MARCH 22, 2004 APPROVED 431 Mr. Swing noted this is under ideal conditions, meaning no snow, rain, fender benders, etc., with •432 someone waving cars on the traffic split between two directions. 433 434 Councilmember Dahl asked if all the traffic the church has projected and Mr. Swing has projected 435 only the church traffic. Mr. Swing stated the church traffic has been added on to the existing 436 conditions. Councilmember Dahl asked if it included projected traffic. Mr. Swing stated it takes into 437 consideration a projected growth of 4.9%. 438 439 Lorene Kodell, SRF Consulting stated 4.9% is the forecasted growth per year in Washington County. 440 She indicated they received Staff permission to use that figure. She noted that on the Anoka County 441 side they are using 4% growth. She indicated their numbers include existing traffic and the projected 442 church traffic in addition to the growth numbers. She advised the westbound and northbound traffic 443 provide the worse queues in the 15 minute peak. 444 445 Councilmember Dahl asked if the numbers are based on now or in 2005 or 2007. Ms. Kodell stated 446 they used the numbers in 2005, including growth between now and then. She indicated they used a 447 high growth rate. 448 449 Councilmember Dahl stated Councilmember Reinert brought this up, and refreshed her memory as to 450 if there would be enough stopping time. She commented her family had an accident coming off 35E 451 on County Road J. She indicated her husband was breaking coming off the ramp, and another driver 452 fell asleep at the wheel. She stated the other driver was in a small car, and they were in a large van, 453 and luckily the other driver was not killed. She indicated they need to remember the scenario in all 454 these cases is the perfect scenario, but that is not always the case. W455 456 Councilmember Stoltz stated that four weeks ago they looked at a computer simulation of 35E and 457 Town Center. He indicated although Councilmember Dahl was not able to be with them at the work 458 session, they did see a computer simulation of the ramp. He asked if the consultant could highlight 459 the main points from that simulation for Councilmember Dahl's sake. He noted that when the traffic 460 analysis was being done they tried to look at worse case scenarios. 461 462 Ms. Kodell showed three scenarios. She stated they concentrated their efforts on Saturday night 463 because the existing Saturday conditions are worse than Sunday. She noted the first scenario is at 464 100% seating capacity, the second at 87% capacity, which is where the church has shown their 465 maximum average capacity. She indicated the third shows 22% of the traffic rerouted to Highway 61, 466 left to County Road 4 and left onto CSAH 21, entering the church from the north. She stated that in 467 all three scenarios it is showing the maximum and average queues. She indicated the maximum 468 queue is during the 15 minutes before the service; the average is what most motorists would 469 experience over an hour. She noted it shows the northbound traffic would not extend onto the main 470 thruway. 471 472 Ms. Kodell indicated the reason they modeled the third scenario is if you read the travel management 473 information there are some things the church is planning on promoting, such as car pooling. She 474 indicated this model is based on zip codes provided by the church. She stated their study shows the 475 reroute is two miles longer and 1.1 minutes more, whereas going the normal route would result in a 476 seven minute delay. She indicated they felt it reasonable to convince parishioners to take the 477 alternative route. . 478 10 COUNCIL MINUTES MARCH 22, 2004 APPROVED 479 Councilmember Dahl asked if this was based on current traffic levels. Mr. Kodell indicated it is all •480 based on 2005 Saturday evening services. 481 482 Councilmember Dahl commented that during special services there would be more traffic. Ms. 483 Kodell indicated that special services are represented in the top model, which shows full capacity. 484 485 Karen Marty stated she is an attorney, practicing municipal law for 25 years. She has been the City 486 Attorney for several cities. She indicated she wanted to talk about how the City should view the 487 conditional use permit, and how this conditional use permit fits within the Comprehensive Plan. She 488 read an excerpt from the Lino Lakes City Attorney, noting that under State law a conditional use 489 permit can be issued when it can be shown by the applicant that it meets appropriate use. She 490 indicated if even one condition is not met, the conditional use permit should be denied. She stated 491 she wants to go through portions of the Comprehensive Plan, because in her opinion this project is in 492 violation of the Comprehensive Plan. She indicated the Lino Lakes Comprehensive Plan has a 493 general concept for the future development of the city. She stated within that general picture there are 494 some limits, and one is what property can be developed in each timeframe. She indicated this 495 particular property is not scheduled to be sewered until after 2010, and should not be developed until 496 that time. She stated the City also has to protect the character of Lino Lakes, and one goal to do that 497 is to protect over burden on the street system. She indicated this development will bring traffic to a 498 stand still, which is clearly an over burden. She advised under the city's staging plan, this property is 499 clearly to be left alone. She stated that finally, she wants to make it clear if the City approves a plan 500 in conflict with the Comprehensive Plan they are in violation of State law and their own City 501 Ordinance. She indicated that some details in the conditional use permit Ordinance have been 502 brought up, but one specific criterion is the level of service on a road. She stated according to Aft 503 Ordinance the level of service on a road cannot drop more than one service level, and can never drop 504 below a D. She indicated the best case scenario for this project shows traffic at a level E and F for 505 brief periods of time. 506 507 Ms. Marty indicated personal experience tells them the best case scenario cannot happen every time, 508 and there will be issues. She stated she would think one thing that would be important to the City is 509 what they would do in case of emergency during one of the church's rush hours. Emergency vehicles 510 would have no place to go, and could be delayed. She indicated the City Council has the power, and 511 in her opinion the responsibility to deny this application. 512 513 Bill Nadeau stated he is representing the neighborhood most closely impacted by this decision. He 514 indicated the neighborhood group, the Heron Group and many others have worked for two years to 515 bring this to an acceptable solution. He indicated the traffic management plan has been discussed; 516 however no other developer has been given the option to provide such a plan. He noted Eagle Brook 517 Church has changed their traffic numbers several times, stating the EAW shows worse traffic 518 scenarios. He indicated the City Council needs to consider the worse case scenario. He stated if you 519 drive down the road you will see they have eight services scheduled for Easter. He indicated the 520 church said it would grow 30% with the north campus, and their obvious plan is to grow. He stated 521 the City Council must know they will have no control over the number of services held once this 522 project is done. He indicated the resolution states this project must have no adverse affect on the 523 surrounding area, however many of them who live close have had their houses appraised, and will 524 have negative value impact on their homes from the increased traffic caused by this church. He stated Aft 525 4000 trips is not neighborhood friendly. lir 526 11 COUNCIL MINUTES MARCH 22, 2004 APPROVED 527 Mr. Nadeau indicated they have fought a good fight. He stated in observing these proceeding they 0528 have found that information comes late to the City Council and Staff, noting the EAW that the City 529 Council was asked to vote on was received the night before the vote took place. He commented they 530 must ask why the plan was accepted with so much missing. He stated several new residential 531 developments will add even more traffic, and noted Mr. Rehbein's development is being required to 532 add roads to mitigate that impact. He advised the majority of residents living close to the church have 533 signed a petition asking the City Council not to approve this project. He stated the Heron Rookery 534 matters, and they matter. He indicated the City Council will be setting a precedent if they approve 535 this request. He stated he has been in construction for 25 years, and worked on the Grace Church in 536 Eden Prairie, and there was a lot of noise during construction. He indicated if the Council does 537 approve this, he hopes they will put restrictions on when the work can be done, noting the restrictions 538 they had to abide by in Eden Prairie. 539 540 Councilmember Dahl asked him to specify those times. Mr. Nadeau indicated they could only work 541 from 7 a.m. to 5 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturdays. 542 543 Barbara Bor, 7707 20th Avenue North stated her driveway is a short distance from this project. She 544 indicated for the sake of discussion she would bring it to Staff's attention that on the legal description 545 it refers to the property adjacent to this Rehbein parcel, when actually it has always been the Marier 546 property and Marier Farm. She stated she decided to take a diversion and tell a story. She told of a 547 Zen parable of a tiger chasing a man to the edge of a cliff, where he jumped over and clung to a 548 scruffy tree. She indicated at the bottom of the cliff was another tiger; tigers above and tigers below. 549 She explained on the branch he clung to was a ripe berry, which the man could just reach. She stated •550 this is how she felt when the former owner of this property informed her he was going to sell, and that 551 the land would either become more homes or a larger church; tigers either way. She read a statement 552 about the search for religion, and how each of us, at some time, is brought to the cliff's edge. She 553 stated she is grateful for what this process has brought her; a better understanding of her neighbors 554 and family. She feels they have done their best, and are getting back to their lives, even as they lose 555 them. She thanked Councilmembers Dahl, Carlson and Reinert for listening to their story, and 556 thanked Staff for bringing some clarity to the issues that changed so frequently. She also thanked the 557 many organizations that have worked on this issue. 558 559 Mayor Bergeson stated they have heard many opinions during the course of this project, and thanked 560 everyone for that. He noted the City Council has received many phone calls and letters, and stated if 561 anyone had additional information, rather than an opinion, that may be helpful for the Council to 562 make their decision he would open the floor one last time. 563 564 Pat Smith, 6922 West Shadow Lake Drive indicated she attends Eagle Brook, and also has attended 565 the Rice Creek Watershed District meetings. She asked to clarify a couple of the conditions approval. 566 She stated as to the condition surrounding the ramp and turn lane, the church sees no issue with an 567 escrow of 125% of the estimated amount. She indicated they would also agree that the turn lane 568 needs to be completed before the occupancy permit is granted, and asked if that would address those 569 concerns. Councilmember Reinert indicated it would. 570 571 Ms. Smith stated they have also reviewed the costs if delayed, and noted the church has agreed not to 572 do the well until after July 15th. She stated on the pad area they have an estimate for grading • 573 equipment, and believe the decibel level will be acceptable to the Heron. She indicated they would 12 COUNCIL MINUTES MARCH 22, 2004 APPROVED 574 agree to do only grading between June 1st and July 15th, with the noisier construction taking place • 575 after July 15th. 576 577 Vern Swing asked to clarify the distance required to stop, noting reaction time needs to be factored in. 578 He stated reaction is presumed to be 2 seconds, so roughly 200 feet more of ramp is needed than 579 originally discussed. Councilmember Reinert asked if that was the reaction of someone who 580 suddenly realizes they have to stop. Mr. Swing indicated it is. Councilmember Reinert stated 581 someone coming up to the ramp would know they have to stop so the reaction time is irrelevant. Mr. 582 Swing indicated the deceleration rate is probably not what you would use for normal ramp 583 deceleration; you would typically slow down at a much slower rate. 584 585 Ms. Marty stated she has a request from the Heron Group that asks that the mayor abstain from voting 586 based on his employment with Bethel College and its affiliation with Eagle Brook Church. 587 588 Mayor Bergeson indicated they have heard that suggestion before and have conferred with the City 589 Attorney. He stated he has been told it is not a conflict of interest. He advised one person on the 590 Church Board has worked at Bethel, but not in his department and they have never had a supervisor/ 591 subordinate roll. He added one pastor at the church has also taught classes at Bethel, but the City 592 Attorney assures him there is no conflict of interest. 593 594 City Planner Smyser stated he has no new information, but would clarify one thing. He verified that 595 what is written in condition #11 is acceptable to the church. The church representatives responded it 596 is. City Planner Smyser clarified also that grading and construction on the building pad would take 597 place after June 1st • 598 599 Councilmember Reinert stated he is looking for a response to the comments concerning emergency 600 vehicle access. Chief of Police Pecchia stated he does not see a problem for emergency vehicles. He 601 indicated they would have radio contact with officers at the scene, who could clear the intersection 602 before emergency vehicles arrived. 603 604 The Council took a brief recess at 9:55 p.m. and reconvened at 10 p.m. 605 606 Councilmember Reinert requested Staff clarify the revised conditions and City Planner Symser did 607 so. In regard to newly added condition number 28, he indicated that there was to be no well drilling 608 prior to July 15, and no grading before June 1st 609 610 Police Chief Pecchia indicated that there would be a meeting within the first 60 days, including the 611 law enforcement agencies affected, to work out the details of law enforcement in this area. 612 613 Councilmember Carlson requested clarification of condition number 11, and City Planner Smyser 614 explained this, indicating that the Staff report contained the most current information. 615 Councilmember Carlson confirmed that the lighting in the parking area would be hooded, with 616 shoebox lights. She suggested that if possible, the lights at the end of the driveway be hooded also. 617 618 Councilmember Stoltz moved to approve Resolution No. 04-17, approving conditional use permit / 619 preliminary plat for Eagle Brook Church, including the revised conditions of approval as outlined by • 620 Staff and in the discussion, specifically pertaining to conditions number 4, 6, 11, and new condition 13 COUNCIL MINUTES MARCH 22, 2004 APPROVED 621 number 28. In regard to condition number 6, the motion included the time as 10:00 rather than 11:00, • 622 to which neither Staff nor applicant had objection. Councilmember Reinert seconded the motion. 623 624 Councilmember Carlson commented that a key concern for her was whether or not the proposed use 625 was compatible with the neighborhood and whether all of the public improvement conditions had 626 been met. She stated that if any conditions cannot be met, then she felt the Council should deny the 627 application. She felt there were some items without enough information to decide, and a couple that 628 could not be met. 629 630 Councilmember Carlson expressed concerns about the height of the church, and ongoing concerns 631 about traffic and the traffic study. She had visited the site and informally counted cars at a key 632 intersection. She felt the issue of screening also needed to be looked at further. She noted the 633 Environmental Board had recommended denial, and she felt this was significant. The potential 634 impact on the neighborhood was significant. She felt the development was premature before 635 adequate infrastructure was in place and this was not justified. 636 637 Mayor Bergeson stated he felt that the traffic issues had been adequately addressed. Other large 638 churches in the city had dealt with this issue, and he had visited the intersection at this location and 639 felt this situation posed no greater issue or long backups, and any problems would be manageable. 640 He did not feel the traffic posed a reason for denial. He stated that once improvements had been 641 made, the situation would improve. 642 643 Councilmember Reinert acknowledged this decision had not been easy. His concerns had been W644 addressed at various stages in the process, and he felt the traffic situation met the necessary 645 threshhold and was not unsafe. He felt the application was legally sufficient and did not see a valid 646 reason for denial. 647 648 Councilmember Stoltz stated the key issues in his mind were traffic, safety, being environmentally 649 responsible, whether this was a good development, and whether the City was within its legal rights in 650 any eventual decision. He said he concluded that the traffic would likely present an inconvenience in 651 the area, but this was different from being unsafe. Also, he noted traffic issues were sporadic, rather 652 than constant. He urged the church to be proactive to address concerns that should arise, and 653 indicated at this point, he would be voting for approval. 654 655 Councilmember Dahl stated she respected the opinions and the eventual votes of the other 656 Councilmembers. She stated she felt the use was intense for the site, and concurred that traffic was a 657 major concern for her. She was also concerned about the environmental impact, noting that 658 vibrations from traffic and development could disrupt the wildlife in the area. The fact that the 659 Environmental Board had recommended "no" on this item was a consideration. 660 661 Councilmember Dahl stated she was reluctant to vote for something which caused an impact on other 662 cities without sufficient input from them. She was also disappointed that there had not been a way to 663 minimize the impact on this area — she felt the impact was very large, and she would not be 664 supporting this application. 665 666 •667 668 14 COUNCIL MINUTES MARCH 22, 2004 APPROVED 669 •670 671 Vote: Three ayes, two nays. Councilmembers Reinert, Bergeson and Stoltz voted aye. 672 Councilmembers Carlson and Dahl voted nay. The motion passed. 673 674 Resolution No. 04-17 can be found in the City Clerk's office. 675 676 D. Public Hearing, Consider 1St Reading or Ordinance No. 06-04, Vacating Drainage and 677 Utility Easement, Lot 18, Block 4, D. Erickson, rd Addition, Jim Studenski 678 679 The Council considered this item out -of -order, and prior to item 7C. Following this discussion, they 680 continued with the regular agenda. 681 682 City Engineer Studenski summarized the Staff report for the Council. 683 684 Councilmember Dahl moved to approve first reading of Ordinance No. 06-04, vacating drainage and 685 utility easement, Lot 18, Block 4, D. Erickson, 2nd Addition, as recommended by Staff. 686 Councilmember Carlson seconded the motion. 687 688 Upon roll call vote, the motion passed unanimously. 689 690 E. Consideration of Resolution No. 04-39, Approving Plans and Specifications and 691 Authorizing Advertisement for Bids, 2004 Seal Coat Project, Jim Studenski 692 W693 City Engineer Studenski summarized the Staff report for the Council. 694 695 Councilmember Dahl moved to approve Resolution No. 04-39, approving plans and specifications 696 and authorizing advertisement for bids, for the 2004 seal coat project. Councilmember Reinert 697 seconded the motion. 698 699 Motion carried unanimously. 700 701 Resolution No. 04-39 can be found in the City Clerk's office. 702 703 F. Consideration of Resolution No. 04-40, Approving Plans and Specifications and 704 Authorizing Advertisement for Bids, 2004 Wear Course Project, Jim Studenski 705 706 City Engineer Studenski summarized the Staff report for the Council. 707 708 Councilmember Reinert moved to approve Resolution No. 04-40, approving plans and specifications 709 and authorizing advertisement for bids, for the 2004 wear course project. Councilmember Dahl 710 seconded the motion. 711 712 Motion carried unanimously. 713 714 Resolution No. 04-40 can be found in the City Clerk's office. •715 716 UNFINISHED BUSINESS 15 COUNCIL MINUTES MARCH 22, 2004 APPROVED 717 •718 There was none. 719 720 NEW BUSINESS 721 722 A. Approval of minutes of City Council Meeting, February 23, 2004 723 724 B. Approval of minutes of City Council Work Session, March 3, 2004 725 726 C. Approval of minutes of City Council Meeting, March 8, 2004 727 728 Councilmember Carlson noted a correction to the February 23, 2004 Council minutes, correcting the 729 spelling of Mr. Michalek's name on page 2. There were no other changes. 730 731 There were no changes to the minutes of the March 3, 2004 work session, or the March 8, 2004 732 Council Meeting. 733 734 Councilmember Stoltz moved to approve the minutes of February 23, 2004 as amended, and the 735 minutes of March 3, 2004 as printed. Councilmember Carlson seconded the motion. 736 737 Motion carried unanimously. 738 739 Councilmember Carlson moved to approve the minutes of March 8, 2004 as printed. Councilmember 740 Dahl seconded the motion. 1.741 742 Motion carried unanimously. Councilmember Reinert abstained. 743 744 COMMUNITY CALENDAR March 23, 2004 THROUGH April 12, 2004: 745 746 A) Thursday, March 25 through Saturday, March 27, 2004, City Council Team 747 Building/Goals Setting Session, Centennial Fire Station #2 748 749 B) Wednesday, March 31, 2004, 6:30 p.m., Environmental Board / Park Board Joint 750 Meeting 751 752 C) Wednesday, March 31, 2004, 7:30 p.m., Park Board Meeting, Community Room 753 D) Wednesday, March 31, 2004, 7:30 p.m., Environmental Board Meeting 754 E) Thursday, April 2, 2004, 7:00 a.m., EDAC Meeting 755 F) Wednesday, April 7, 2004, 5:30 p.m., Council Work Session 756 G) Thursday, April 8, 2004, 7:00 p.m., Charter Commission/ City Council Joint 757 Meeting 758 .759 H) Monday, April 12, 2004, 6:30 p.m., City Council Meeting 16 COUNCIL MINUTES APPROVED MARCH 22, 2004 5760 761 ADJOURN 762 763 There being no further business, Councilmember Reinert moved to adjourn at 11:36 p.m. 764 Councilmember Dahl seconded the motion. 765 766 Motion carried unanimously. 767 768 These minutes were considered and approved at the regular Council Meeting, June 14, 2004. 769 770 771 772 773 774 775 776 777 778 • • Ann B1air,ity Clerk Transcribed by: Karen Bucklen TimeSaver Off Site Secretarial, Inc. 17