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