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HomeMy WebLinkAboutCity Council Minutes 08-22-2000Adopted Minutes Regular Council Meeting August 22, 2000 A Regular Meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Boulevard, on August 22, 2000. COUNCIL PRESENT: Mayor Tierney, Councilmembers Brown, Black, Bildsoe, Slavik, Johnson, and Harstad. ABSENT: None. STAFF PRESENT: City Manager Johnson, Public Safety Director Gerdes, Park and Recreation Director Blank, Finance Director Hahn, Community Development Director Hurlburt, Public Works Director Moore, City Attorney Knutson, and City Clerk Paulson. Plymouth Forum David Gather, 16500 45th Avenue, addressed the Council regarding the proposed extension of Holly Lane north to Schmidt Lake Road which is contained in the City's Comprehensive Plan. He stated he is representing the residents of Golfview, Nanterre, and Wyndemere Farms, and some of the reasons why they are opposed to the expansion include: 1. The Hollydale Golf Course would be harmed. Parking space, land around the tenth tee, the ninth green and the owner's personal property would be reduced, potentially harming the long- term desirability and viability of the business. 2. Natural and rural area would be destroyed. 3. A decrease in property values. 4. The north/south thoroughfare at Holly Lane is unnecessary due to existing thoroughfares at Vicksburg and Peony Lanes. 5. This project would provide another route to the Wayzata High School which could attribute to speeding and traffic problems. 6. The extension of Holly Lane over the railroad tracks would provide unnecessary danger to the young drivers who would inevitably take its path to the high school. He suggested the City widen Holly Lane to 28' up to 46th Avenue to accommodate those on the east side of Wyndemere Farms, leave the width of Holly Lane past 46th as it currently exists upon completion of Schmidt Lake Road, build a cul-de-sac just south of the railroad tracks), and change the Comprehensive Plan to accommodate these actions. He stated in the very near future they would be presenting a signed petition to the City Council supporting their views. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 2 of 15 Mayor Tierney informed the residents that the Council would be conducting a study session on the extension of Holly Lane on September 11 at 5:30 p.m. in the Public Safety Training Room. Presentations and Public Information Announcements 4.1) Presentation of Neighborhood Awards of Excellence Public Safety Education Specialist Cwayna presented Neighborhood Awards of Excellence to Tammy and Mark Roitenburg, 9901 37 Avenue North and Parkside Apartments, 12105 40 Avenue North. 4.2) Presentation of Plymouth Panda Figure Skating Team World Championship Recognition was given to the representatives of the Plymouth Panda Figure Skating Team who received the 2000 World Championship. Motion was made my Councilmember Black, and seconded by Councilmember Johnson, to proclaim August 27 as "Plymouth Panda Skating Club Day." With all members voting in favor, the motion carried. Mayor Tierney and Councilmember Johnson announced that they would be filing for re-election to their respective Council seats. Councilmember Brown announced that he would not be seeking re-election due to circumstances that required he relocate out of the City. Mayor Tierney reminded everyone that the filing period is August 29 through September 12 at 5:00 p.m. Chief Gerdes updated the Council on the crosswalk safety program and the different phases of the program. Approval of Agenda Councilmember Harstad requested to add a discussion on the Ferndale North open space as item No. 9.2 under Reports and Recommendations. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 3 of 15 Mayor Tierney requested to add a report on railroad crossing quiet zones as item No. 9.3 under Reports and Recommendations. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the amended agenda. There being no discussion and with all members voting in favor, the motion carried. Consent Agenda Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the Consent Agenda. Councilmember Harstad requested to remove item No. 6.13 and place it under General Business as item No. 8.3. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve the amended Consent Agenda which included the following items: 6.01) Resolution Approving Garbage Hauler License for Schill's Dumpster Service, Inc. Res2000-395). 6.02) Resolution Approving Disbursements for the Period ending August 11, 2000 (Res2000- 396). 6.03) Resolution Approving Variance for Impervious Surface Area Coverage in the Shoreland Management Overlay District for a Swimming Pool for Michael Reget on Property located at 5775 Annapolis Lane North (20111— Res2000-397). 6.04) Approve Site Plan and Conditional Use Permits for retail development to include a bank, convenience store with fuel and car wash, two drive-through restaurants, and a day care facility on property located at the northwest corner of Highway 55 and Peony Lane. 6.05) Approve Planned Unit Development Final Plat of Plymouth Marketplace commercial development for six lots located on the northwest corner of Highway 55 and Vicksburg Lane North. 6.06) Resolution Approving a Preliminary Plat and Final Plat for Valeri Nosov and Duane Stegora for "Stegora Addition" for Property located northeast of South Shore Drive and 11 h Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 4 of 15 Avenue (20098 — Res2000-398), and a Resolution Approving a Conditional Use Permit for Valeri Nossov and Duane Stegora to allow Two Single -Family Homes in the RMF -2 Zoning District, for Property located northeast of South Shore Drive and 11th Avenue (20098 — Res2000- 399). 6.07) Resolution Approving Site Plan Amendment and Conditional Use Permit for Qwest Wireless to allow the placement of a Monopole Tower, Antennas, and related Ground Equipment at 15395 31" Avenue North (20102 — Res2000-400). 6.08) Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certain Lane located on the Greenwood Elementary School Site (20104 — Ord2000-30), and a Resolution Approving a Site Plan Amendment and Variances for the City of Plymouth to construct additional Ball Fields, Soccer Fields, and Associated Facilities at Greenwood Elementary School located at 18005 Medina Rood (20104 — Res2000-401). 6.09) Resolution Approving a Variance from the Maximum Impervious Surface Area Coverage in the Shoreland Management Overlay District to allow construction of a Home Addition by Skyline Design for Property located at 1224 Archer Lane North (20112 — Res2000-402). 6.10) Resolution Approving Conditional Use Permit for David Ainsworth to construct a 1,170 square foot attached Garage on Property located 950 Garland Lane Lane North (20113 — Res2000-403). 6.11) Resolution Approving Final Plat for Janco, Inc. for "Rockford Glen 4th Addition," located south of Old Rockford Road and east of Peony Lane North (Res2000-404). 6.12) Resolution Approving Encroachment Agreement for Retaining Wall Construction at 16230 49th Place North (Res2000-405). 6.13) (This item was placed under General Business as item No. 8.3) 6.14) Approve Wetland Mitigation Plan for Plymouth Partnership Property at the corner of Highway 55 and Peony Lane (20004 — Res2000-406) 6.15) Resolution Approving an Encroachment Agreement for Minntech, Inc. for Placement of Communication Cable in City Rights -of -Way and authorizing Mayor and City Manager to Sign the Agreement (Res2000-407). 6.16) Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to Classify Certain Lane located in the Northeast Quadrant of 45th Avenue and Nathan Lane (20050 — Ord2000-31). Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 5 of 15 6.17) Resolution Approving Joint and Cooperative Agreement with the Municipal Legislative Commission (Res2000-408). 6.18) Resolution Authorizing the Preparation of Tax Increment Financing Plan and Calling of a Public Hearing on Said Plan for Continental Property Group, Inc. (Res2000-409). 6.19) Resolution Authorizing the Preparation of an Amended Tax Increment Financing Plan and calling of a Public Hearing on said Amended Plan (Res2000-410). 6.20) Resolution Approving the Submission of a Grant Proposal to the Greater Wayzata Community Foundation for Development of a Youth Skate Park (Res2000-411). 6.21) Schedule Study Sessions in September and October. A resident requested item No. 6.05 be moved to General Business as item No. 8.4. In addition, item No. 6.04 be moved to General Business as item No. 8.5. Councilmember Black stated regarding item No. 6.03, since there is a treatment pond for the runoff of the property, she will vote in favor of the request. She then registered a no vote for item No. 6.14. Motion carried to approve the Consent Agenda. Public Hearings 7.1) Vacation of a Storm Sewer and Drainage Easement in Plymouth Marketplace Addition west of Vicksburg Lane Public Works Director Moore illustrated the proposed vacation and stated the storm sewer within this easement would be relocated with the construction of Plymouth Marketplace. The easement for the new storm sewer would be dedicated on the final plat of Plymouth Marketplace. Mayor Tierney opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of a Permanent Easement for Storm Sewer Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 6 of 15 Purposes for Outlot 1 of Sugar Hills Addition (Res2000-412), and a Resolution Setting Conditions to be Met Prior to Filing of Resolution No. 2000-412, Vacating an Easement for Storm Sewer Purposes in Outlot 1 of Sugar Hills Addition (Res2000-413). With all members voting in favor, the motion carried. 7.2) Vacation of Utility and Drainage Easement on Lots 1 and 2, Block 1, Walnut Grove Pond Addition Public Works Director Moore illustrated the proposed vacation and stated that the reason for the request is that a 69 kilovolt power line is too close to the house being constructed on Lot 1. Therefore, the power company is requiring that the home be relocated to a safe distance from the power line. The easement for the power line was not noted in the title search, so the easement did not appear on the survey for the lot division or the final plat of Walnut Grove Pond. He stated to correct the problem, a new lot division is required with the lot lines running north and south instead of east and west. The relocation of the lot lines will require the vacation of the drainage and utility easements dedicated along the common property line with the original lot division in 1998. Prior to recording the vacation at Hennepin County, the owners would be required to submit drainage and utility easements in recordable form over the new lot lines. A conditional approval resolution is also included stating that the vacation will not be recorded at Hennepin County until the new drainage and utility easements are submitted for recording. Mayor Tierney opened the public hearing for testimony. Jim Kjellberg, 18230 39th Avenue North, stated they recently constructed a home here, and the two houses as they existed originally would be 30 feet from their house facing Troy Lane. The house in question was able to construct a home under the power line. The homes that would be constructed would be facing 39`h Avenue. The proposed easement requires that this house be constructed within six feet of their property line. Therefore, he questions the aesthetics and value on their home. He stated vacating this easement would be in error due to the sewer drainage in the area. He acknowledged that sewer is being added on Troy Lane, but that system is up hill from their sewer system. He requested this be reviewed further. Ted Kenna, 75 Kimberlane Lane, stated he is representing Tony Eiden. He explained the property was developed a number of years ago with two lots fronting Troy Lane. After construction was started, it was halted as it was being built under the power line. He stated they reviewed options on how they could retain two lots, but they need the vacation of the easement along the original common lot line. The new line would go north and south between the two lots and the rear lots. He stated the sewer would not be impacted. Public Works Director Moore explained there are no utilities contained in the current easement, and the houses would now face 39`x' Avenue. A new easement would be created on the common Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 7 of 15 lot line, and the drainage would flow back to the ponding area. He added the power line would be in the rear of the yards if this vacation would be approved. There being no one else wishing to appear before the Council to provide testimony, Mayor Tierney declared the public hearing closed. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing the Vacation of part of the Drainage and Utility Easement within Lots 1 and 2, Block 1 of Walnut Grove Pond Addition (Res2000-414), and a Resolution Setting Conditions to be met prior to Filing of Resolution No. 2000-414, Vacating part of the Drainage and Utility Easements in Lots 1 and 2, Block 1 of Walnut Grove Pond Addition (Res2000-415). With all members voting in favor, the motion carried. General Business 8.1) Report on Plans for County Road 101 Construction Public Works Director Moore explained the Council considered the plan for the County Road 101 improvement at their July 25 Study Session. He stated at the conclusion of that meeting, no action was taken by the Council, but direction was given to staff on several issues which were to be reviewed and a recommendation made to the Council. It was expected that the resolution on these issues and approval of the construction plans would take place at tonight's meeting. He stated after staff reviewed the construction cost estimate, it was discovered that the construction cost of the project had increased from an estimate of $5,030,000 in January to 6,140,000 in August. This was a $1.1 million cost increase in the estimated cost of the project. He stated currently, staff only has the construction cost estimate which the County staff has not had time to review in any detail for possible revisions. Therefore, staff is recommending the Council take no action this evening, and both staffs would continue to review the phasing and costs analysis of the project. Councilmember Johnson stated she would like to review phasing options. Because of the increased costs, she would like to be certain that it wouldn't affect other road projects within the City. She would also like a review of the impact on other County projects located in the City. Craig Twillem, County Engineer, apologized for the increased cost estimate. He stated they would be reviewing the unit costs and quantities as well as phasing of the project. City Manager Johnson stated staff would like to provide a report back to the Council for the September 26 Council meeting. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 8 of 15 Councilmember Johnson asked what would occur with the roadway this fall and winter. County Engineer Twillem replied the utility work would begin in the fall, but the majority of the road construction wouldn't occur until spring. Councilmember Harstad asked if the estimates are from actual bids. County Engineer Twillem replied these are only estimates, and the unit prices are based on the current bidding environment. Councilmember Harstad asked if phasing of the project would save any costs. County Engineer Twillem stated this needs to be reviewed, as they are unsure if it would save any costs. Motion made by Councilmember Bildsoe and seconded by Councilmember Brown, to accept the report. With all members voting in favor the motion carried. 8.2) Award Contract for Recycling Services Public Works Director Moore reported on the history of how recycling services began in the City. He stated as the program evolved, the program became known as a co -mingle recycling program. Waste Management has been the contractor the past 10 years. Since 1989 the City has cooperated with the cities of Golden Valley and Minnetonka in contracting for recycling services in an effort to seek efficiencies and cost advantages through the cities' combined populations. He stated up until recently, Waste Management was the only contractor who could sort the recyclables at the facility. Currently, there are two processing facilities in the metro area, BFI and Waste Management. Requests for proposals were presented to both contractors. He stated after receiving proposals, there were several meetings held with the contractors. The contractors then had one final deadline to submit any changes to their proposals. Staffs of all three communities then evaluated the proposals. After review, it is being recommended to award a five year contract to Waste Management. He reported that revenue sharing was contained in the contract, and Waste Management is proposing to allocate to the City all revenue from the sale of material above the $46 per ton processing fee while BFI would allocate 75% of the revenue from a $48 per ton processing fee. He spoke of some previous collection service problems the City had with Waste Management. He stated since the merger of the company and especially during the past several months, the City hasn't experienced any problems. However, in the contract there would be more substantial penalties if there were any problems. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 9 of 15 Councilmember Brown asked how the past service of Waste Management was evaluated. Public Works Director Moore replied it is evaluated through telephone calls the City receives. Staff also periodically checks for refuse in the streets. City Manager added that based on the citizen survey, about eight percent of the respondents had a problem with Waste Management's service. Councilmember Black stated after reviewing the proposed contract with Waste Management, she has a number of concerns. She stated she is concerned with the length of the contract (five years), when typically most contracts are for two years. She stated this industry is very volatile and has changed very dramatically within the last few years. The competition is diminishing quickly, and the City would be limiting the competition in that field with a longer contract. Her second concern is the three -percent rate of inflation, and she would prefer that it be a little lower. She stated it seems rather high based on the national rates over the last three to four years. Therefore, she requested this be negotiated downward. She suggested decreasing the City's curbside cost through revenue sharing. She stated that prices within the first five months of this year have been relatively high. However, the City would not see those prices through this five-year contract. She reviewed the material market value and what the revenue sharing contract means for the City. She discussed the difference in rebates per household per year from the two contractors. She stated there is only an eight -cent per month difference between the two contractors, which is different than the report in the packet. She stated the City has always paid a curbside recycling fee which is included, but the City hasn't received any revenue sharing. She stated the curbside costs per household have been increasing, and she questioned how much of the processing fee is included in the residential curbside pickup fee. She requested the Council not accept staff's recommendation but authorize staff to negotiate with both contractors again. She realizes that this is a difficult issue due to the long-standing partnership with the cities of Golden Valley and Minnetonka. However, for the benefit of the City and the recycling industry, this should be negotiated further for a better contract. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to postpone approving the contract in order to allow for further negotiations with both contractors. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 10 of 15 Councilmember Bildsoe requested an explanation from City Attorney Knutson if there would be any legal implications with the cities of Minnetonka and Golden Valley if this contract weren't approved. Attorney Knutson stated there are no legal implications in postponing the action this evening. He stated this is not a bidding process so the City is able to negotiate with the contractors. Public Works Director Moore stated the existing contract expires the end of this year. Therefore, if there would be a new contractor, that contractor would need ample time to prepare for collection after the first of the year. He added staff has met with the cities of Golden Valley and Minnetonka, and they would like the City to continue the joint effort of the cities working together. The city of Minnetonka has signed the new contract while the city of Golden Valley is in the process of approving the contract. Councilmember Harstad stated he prefers a longer contract than two years as it shifts the risk to the contractor. He also supports the motion to negotiate the best price. Ron Mooning, Manager of Waste Management, stated they are looking forward to servicing this contract. He cautioned the City that the bid could be higher as the markets are very unpredictable. He stated staff has done an excellent job in negotiating with both contractors. He stressed that they have presented a very reputable bid, and he requested the Council to authorize the contract. Paul Rosland, 15718 Village Woods Drive, District Manager for BFI, stated the reason why bids were solicited is that the current contract's service hasn't been very good. He stated they are a very reputable business. He stated initially, BFI had the lowest offer; however, Waste Management then lowered their price. BFI's service in all cities has been excellent, and every one of their contract cities has extended their contracts with BFI. He commented that the city of Maple Grove is working on extending their contract for another five years. He stated it would be in the best interest of the City to approve the contract with BFI has they have the best service. He explained to the Council how they would adjust their routes to align their service with the garbage haulers. He supports having residents selecting their own garbage haulers, and most haulers will match their pickups with the recycling pickups. Recycling Coordinator Vigoren clarified that the service issue with Waste Management is more related to staff's contacts with the company. She acknowledged that during the merger of their company, it was extremely difficult. However, the situation has drastically improved which is due to Waste Management's staff being consistent in following through and contacting residents personally when complaints are reported. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 11 of 15 Recycling Coordinator Hageman stated the City has contracted with Waste Management for the past 10 years, and staff felt it was time to seek proposals from other contractors as well. She stated there is no risk to the City if the markets are poor. The household count is a very important aspect as there is approximately a $48,000 difference between the two contractors over a five-year period. Gary Boyum, Municipal Marketing Manager for Waste Management, thanked the Council for allowing Waste Management to provide the recycling service the past 10 years. He stated the cities have received their best contract price, and if they had to renegotiate with the City, it would put in them in a real bind with the other cities. Motion was made by Councilmember Slavik, and seconded by Councilmember Johnson, to call the question. With all members voting in favor, the motion carried. The Council voted on the main motion and with all members voting against the motion but Harstad and Black, the motion failed. Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to approve a three-year contract with Waste Management. Councilmember Johnson stated due to the relationship the City has with the cities of Minnetonka and Golden Valley, she is concerned with postponing the action. She asked if there could be a three-year contract with a two-year option to renew at the same rates. She stated this would provide an option for competition. Public Works Director Moore replied the contractors submitted proposals for either three or five years with no negotiations. Therefore, if this motion passes, at the end of three years, the City would be without a contract. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to call the question. With all members voting in favor except Johnson, the motion carried. The Council then voted on the main motion, and with all members voting against the motion but Johnson and Brown, the motion failed. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving five-year Contract with Waste Management, Inc. for Residential Curbside and drop-off Recycling Services (5 -Year Contract) (Res2000-416). Motion was made by Councilmember Black, and seconded by Councilmember Brown, to amend the main motion for a three-year contract with a two-year extension option. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 12 of 15 Councilmember Johnson stated she is not comfortable with the possibility of the rates increasing after three years. Councilmember Black stated the Council is underestimating the City's ability to obtain a better contract through further negotiation. She stated it is more advantageous for the City to have a three-year contract with a two-year extension option. Councilmember Harstad reiterated that Waste Management is proposing a very good five-year contract, and they need to abide by the contract for that period of time, which poses less risk for the City. Councilmember Bildsoe echoed Councilmember Harstad's comments. Councilmember Johnson stated she is very uncomfortable in changing the bidding process when the bids were based on the request for proposals for collection in all three cities. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe to call the question. With all members voting in favor, the motion carried. The Council voted on the amendment. With all members voting against the motion but Johnson and Black, the motion failed. The Council then voted on the main motion. With all members voting in favor but Johnson and Black, the motion carried. The Council took a recess at 10:05 p.m. and reconvened the meeting at 10:13 p.m., and Councilmember Black was absent for the remainder of the meeting. 8.3) "No Parking" on 23rd Avenue from West Medicine Lake Drive to Hemlock Lane Councilmember Harstad stated the staff report indicates that the residents requested to ban parking on the north side of the road. However, the petition says no parking on the hill. Therefore, he is not sure if the residents knew what they had signed. Public Works Director Moore stated the no parking on top of the hill is on Hemlock Lane. All the residents along the roadway except for the south side petitioned for no parking. He stated this is a very narrow street with sight distance problems when entering Medicine Lake Drive and going over the hill on Hemlock Drive. He indicated that all affected property owners were notified of tonight's meeting. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 13 of 15 Motion made by Councilmember Harstad, and seconded by Councilmember Bildsoe, to adopt a Resolution Authorizing "No Parking" on 23r Avenue from West Medicine Lake Drive to Hemlock Lane (Res2000-417). With all members voting in favor, the motion carried. 8.4) Final Plat and Development Contract for North American Properties, Inc. for Plymouth Marketplace" located at the Northwest Quadrant of Vicksburg Lane and Highway 55 Community Development Director Hurlburt reported the developer is requesting to waive a portion of the park dedication fee for this development due to the tree conservation easement. She stated if the Council is interested in reviewing that request, it should be referred to Park and Recreation Advisory Commission (PRAC). Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Final Plat and Development Contract for North American Properties, Inc. for "Plymouth Marketplace" located at the Northwest Quadrant of Vicksburg Lane and Highway 55 (20040 — Res2000-418), Resolution Adopting Assessments for a Traffic Control Signal System (7023 — Res2000-419), and a Resolution Adopting Assessments for Sanitary Sewer and Watermain Area for Plymouth Marketplace (9922 — Res2000-420). With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Brown, to direct the request to waive a portion of the park dedication fee for this development to the PRAC for further study and recommendation. With all members voting in favor, the motion carried. 8.5) Site Plan and Conditional Use Permits for Reliance Development Company, LLC for Peony Promenade, a Retail Development on Property located north of Highway 55 and west of Peony Lane Dana Cossette, 4340 Fountain Lane North, stated the Holly Creek neighborhood is very concerned about safety in this neighborhood as it relates to this proposed development. They are requesting a trail be constructed along Rockford Road in conjunction with this development. She stated there is no safe access for their neighborhood to other City trails without walking on Rockford Road. She stated this development would increase traffic on the road, as there would be more people walking on the roadway to access the development. She previously had held a conversation with Park and Recreation Director Blank and Councilmember Bildsoe on including a trail in the Capital Improvements Plan (CIP). Park and Recreation Director Blank reported a trail on the south side of Old Rockford Road has been included in the CIP. He stated since this is a rural roadway with ditches, the trail Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 14 of 15 would be constructed adjacent to the road. He reported the PRAC would be prioritizing over a five-year period the trail requests that have been presented to the City. He added there is an outlot contained on this plat for a trail. Community Development Director Hurlburt stated this development doesn't abut Old Rockford Road. Therefore, it would difficult to require the developer to construct a trail as part of this development. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, adopt a Resolution Approving Site Plan and Conditional Use Permits for Reliance Development Company, LLC for Peony Promenade, a Retail Development on Property located north of Highway 55 and west of Peony Lane (20004- Res2000-421). With all members voting in favor, the motion carried. Reports and Recommendations 9.1) Report on Number of Memberships at LifeTime Fitness and Membership Provisions for Plymouth Residents Park and Recreation Director Blank stated currently there is a membership total of 10,300. He stated the contract stipulates that the target market is 10,000. Every month LifeTime Fitness loses approximately 300 to 400 memberships. Councilmember Harstad stated since they exceed the 10,000 -membership limit, non-residents shouldn't be granted a membership. He stated his concern is the shortage of parking especially if they are exceeding the 10,000 -membership limit. Mayor Tierney requested that Park and Recreation Director Blank report back to the Council if Plymouth residents are being granted memberships. Motion was made by Councilmember Harstad, and seconded by Councilmember Brown, to accept staffs report. With all members voting in favor, the motion carried. 9.2) Management Recommendations for Ferndale North Open Space Councilmember Harstad mentioned the Management Committee's recommendations for Ferndale North open space which were contained in the Council Information Memorandum. He questioned if this would be the policy for all open spaces. City Manager Johnson replied this policy wouldn't be in effect until the Council approves it. Councilmember Johnson stated this item would be presented to the Council in the future. Adopted City Council Minutes Regular Meeting of August 22, 2000 Page 15 of 15 9.3) Railroad Crossing Quiet Zones Mayor Tierney mentioned staff's report contained in the Council Information Memorandum regarding quiet zones at railroad crossings. She requested the Council discuss this item at a future study session. Public Safety Director Gerdes reported staff's memorandum provides an update for the Council based on the current information. He suggested a study session be held later in the year after the final rules have been published. Councilmember Harstad asked if the Holly Lane railroad crossing, since it doesn't contain a gated system, could be included in the Capital Improvement Plan. Mayor Tierney stated this would be discussed as part of the Holly Lane discussion. Adjournment Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adjourn the meeting at 10:57 p.m. With all members voting in favor, the motion carried. PW 0Gig, .