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HomeMy WebLinkAboutCity Council Minutes 03-06-1996MINUTES REGULAR COUNCIL MEETING MARCH 6, 1996 The regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on March 6, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Black, Wold, Lymangood, and Preus. Councilmember Granath arrived at 7:05 p.m. ABSENT: Councilmember Anderson. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Finance Director Hahn, Public Safety Director Gerdes, Park and Recreation Director Blank, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 PLYMOUTH FORUM No one appeared for the forum. ITEM 4-A DONATION FROM DAILY PRINTING Public Safety Director Gerdes introduced representatives of Daily Printing. On behalf of the City, Mayor Tierney accepted a $3,500 donation from Daily Printing for a second canine unit. Councilmember Granath arrived at 7:05 p.m. ITEM 4-B AWARD GFOA CERTIFICATE OF ACHIEVEMENT Mayor Tierney presented the GFOA Certificate of Achievement Award to Finance Director Dale Hahn and the finance department staff. ITEM 4-C RECOGNITION OF BOARD AND COMMISSION MEMBERS Mayor Tierney announced that an event was held earlier this evening to recognize board and commission members. She thanked members for their volunteer service to the City. ITEM 5 APPROVE AGENDA Mayor Tierney requested the addition of Item 9-A, Update on Tobacco Legislation, and 9-B, Transit Update. A revised resolution for Item 7-B was distributed. Regular Council Meeting March 6, 1996 Page 2 MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA Items 6-F, 6-G, 6-N, and 6-0 were removed from the Consent Agenda. Council - member Lymangood requested that his "nay" vote be recorded for Item 6-D. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to approve the consent agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to approve the minutes of the Special Council Meeting of February 21, 1996, and the Regular Council meeting of February 21, 1996. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-130 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING FEBRUARY 23, 1996. Motion carried, six ayes. ITEM 6-C AUTHORIZED PURCHASE OF FIRE DEPARTMENT VEHICLES MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-131 AUTHORIZING PURCHASE OF FIRE DEPARTMENT VEHICLE. Motion carried, six ayes. ITEM 6-D APPROVED NOXIOUS WEED AND GRASS CUTTING CONTRACTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-132 APPROVING 1996 AND 1997 NOXIOUS WEED AND GRASS CUTTING CONTRACTS. Motion carried, five ayes; Lymangood nay. Regular Council Meeting March 6, 1996 Page 3 ITEM 6-E AWARD 1996 REFORESTATION CONTRACT MOTION ',vas made by Councilmember Lymangood, seconded by Councilmember Wold to adopt RESOLUTION 96-133 APPROVING 1996 REFORESTATION CONTRACT. Motion carried, six ayes. ITEM 6-H APPROVE COST SHARING CONCEPT WITH THE CITY OF NEW HOPE FOR DRAINAGE IMPROVEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to approve in concept to cost sharing with the City of New Hope for drainageway improvements for the main drainageway on the Northwood Lake Branch in New Hope and on the 26th Avenue branch in Plymouth. Cost sharing would be based on direct drainage areas tributary to the drainageway where no ponding has occurred to reduce peak flows. The Council further directed that an agreement be prepared between the two cities to formalize this cost sharing agreement. Motion carried, six ayes. ITEM 6-I SET PUBLIC HEARING ON EASEMENT VACATION MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-134 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A STORM SEWER EASEMENT DESCRIBED AS PARCEL NUMBER 18 AND DOCUMENT NUMBER 905647. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-135 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A STORM SEWER EASEMENT REFERENCED AS PARCEL 19 AND DOCUMENT NUMBER 905647. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold to adopt RESOLUTION 96-136 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A STORM SEWER EASEMENT, PARCEL 20 IN DOCUMENT NUMBER 905647. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-137 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION ON A SEWER EASEMENT AS REFERENCE IN DOCUMENT NUMBER 851962. Motion carried, six ayes. Regular Council Meeting March 6, 1996 Page 4 ITEM 64 REDUCTIONS IN DEVELOPMENT CONTRACT FINANCIAL GUARANTEES MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-138 REDUCING REQUIRED FINANCIAL GUARANTEE, CURTIS LAKE ADDITION (90105). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-139 REDUCING REQUIRED FINANCIAL GUARANTEE, NANTERRE ADDITION (94093). Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-140 REDUCING REQUIRED FINANCIAL GUARANTEE, WALNUT GROVE POND ADDITION 94100) Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-141 REDUCING REQUIRED FINANCIAL GUARANTEE, ROCKFORD ROAD PLAZA ADDITION 89014). Motion carried, six ayes. ITEM 6-K REIMBURSEMENT FOR WATERMAIN OVERSIZING (94100) MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-142 REIMBURSING DEVELOPER FOR REQUIRED 12 INCH TRUNK WATERMAIN CONSTRUCTION, WALNUT GROVE POND ADDITION (94100). Motion carried, six ayes. ITEM 6-L REIMBURSEMENT FOR WATERMAIN OVERSIZING (94093) MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-143 REIMBURSING DEVELOPER FOR REQUIRED 16 INCH TRUNK WATERMAIN CONSTRUCTION, NANTERRE ADDITION (94093). Motion carried, six ayes. Regular Council Meeting March 6, 1996 Page 5 ITEM 6-M APPROVED PLANS AND ADVERTISE FOR BIDS FOR WEST MEDICINE LAKE DRIVE BRIDGE IMPROVEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-144 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BID, WEST MEDICINE LAKE DRIVE BRIDGE, CITY PROJECT NUMBER 330. Motion carried, six ayes. ITEM 7-A 1995 WEED ERADICATION AND DESTRUCTION ASSESSMENTS, ROLL 2 Finance Director Hahn presented the staff report on the proposed 1995 Weed Eradication and Destruction Assessments, Roll 2. Mayor Tierney opened the public hearing at 7:20 p.m. on the 1995 Weed Eradication and Destruction Assessments, Roll 2. No one appeared, and the hearing was closed. MOTION was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-145 ADOPTING ASSESSMENTS, 1995 WEED ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, six ayes. ITEM 7-B 1995 TREE REMOVAL ASSESSMENTS Finance Director Hahn presented the staff report on the proposed 1995 Tree Removal assessments. Mayor Tierney opened the public hearing at 7:22 p.m. on the 1995 Tree Removal assessments. Walter Hallock, 12315 Old Rockford Road, said that he contacted City staff when he was informed of the removal and said that his wife was going to carve the tree. He was informed by staff that the tree had to be debarked. Due to family matters, he did not have the work started by the deadline. Mr. Hallock also stated that the bill of $892.06 is too high. Mayor Tierney closed the hearing. City Forester Buck explained that the tree was marked for removal on August 21, and Mr. Hallock received the removal notice on August 29. Mr. Hallock advised staff several days later than his wife was going to carve the tree; however, no work Regular Council Meeting March 6, 1996 Page 6 was done by the removal deadline. Staff left a message for Mr. Hallock on September 21, that the tree would be removed by the City, and a contractor removed the tree on September 22. Councilmember Lymangood asked if staff conveyed to Mr. Hallock the urgency of doing something with the tree within the 20 day removal period. He also asked about the amount of the proposed assessment. Forester Buck stated that the tree was within the drip line of the house or garage; therefore, costs for location and difficulty in removal were factored into the cost. He explained that the City paid the contractor $750 to remove the tree, and the proposed assessment is $892.09 with the inclusion of tax and a City administrative fee. In response to a question by Mayor Tierney, Forester Buck explained the tree removal notice process. He said that of about 1,500 trees marked for removal in 1995, only approximately 15 were in noncompliance with the removal notice. MOTION was made by Councilmember Lymangood, seconded by Councilmember Preus, to adopt RESOLUTION 96-146 ADOPTING ASSESSMENTS, 1995 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1, deleting the proposed assessment for Mr. Hallock. Motion carried, six ayes. ITEM 7-C PUBLIC IMPROVEMENT HEARING ON 41ST AVENUE IMPROVEMENTS, PROJECT 537 Public Works Director Moore introduced the public improvement hearing on proposed street and utility improvements on 41 st Avenue in Hughston Addition. He said that the nine residents petitioned for water and sanitary sewer improvements after utilities became available last fall with the development of the abutting Rockford Glen Addition. He said that Hughston Addition was approved by the Village of Plymouth in 1955, and has an existing gravel street. In order to install the utilities, the street would have to be completely removed. He recommended that a 28 foot wide, seven ton bituminous street with concrete curb and gutter should be installed, as well as storm sewer. The proposed street width is narrower than the standard 32 foot wide street in order to save trees and more easily construct the new street within the existing environment. He also recommended that the direct access from Hughston Addition to Highway 55 be eliminated due to safety concerns. Director Moore stated that the estimated costs for the project are $84,211 for street and storm sewer, $30,984 for watermain, and $27,459 for sanitary sewer. The proposed estimated assessments are $17,020 for eight of the lots, and $6,494 for a ninth lot without street frontage. In response to a question by Mayor Tierney, Director Moore explained that the McGowan parcel would continue to have access to Highway 55. The McGowan parcel has no alternative access -- Regular Council Meeting March 6, 1996 Page 7 other than through a wetland area or across an abutting parcel. The other parcels would access Highway 55 through Rockford Glen to County Road 9. Mayor Tierney opened the public improvement hearing on proposed street and utility improvements in Hughston Addition - 41st Avenue and adjacent area, Project 537. Sue Jude, 17535 41st Avenue North, stated that residents petitioned only for sewer and water improvements and the estimated cost is excessive. She also requested that the Highway 55 direct access be retained, and that the gravel road be retained because it slows traffic. She does not believe it costs the City much for maintenance of the gravel road. Jonathan Cudo, 17520 41st Avenue North, stated that residents requested information on costs for only extending water and sewer. He asked if there would be compensation for trees that would be removed from private property or for the loss of direct access to Highway 55. Vince Hughes, 17515 41st Avenue North, stated that this gravel road has had direct access for Highway 55 for about 30 years, and there have been no accidents. He prefers direct access to Highway 55 rather than through Rockford Glen. Renee Posthumus, 17620 41 st Avenue North, agreed with the previous comments. She favors only sewer and water installation, with the replacement of the existing gravel road, and with direct Highway 55 access. She asked about the proposed layout and the staking that has recently been done. Councilmember Wold asked residents whether they would prefer no project, or the entire project as proposed by staff, if it is determined that the project is "all or none". Ms. Posthumus stated that residents want and need sewer and water improvements, but the proposed street improvements are very costly. Larry Babiracki, 17535 41st Avenue North, stated that he favors only water and sewer improvements. Residents want the project to be practical and affordable. He does not believe that an "all or none" alternative should be presented and stated that residents in this subdivision deserve to have direct access to Highway 55. There is not a sight problem accessing to Highway 55, and the Dunkirk Lane traffic signal creates gaps in the traffic for safe access. Mr. Babiracki stated that residents in Hughston Addition appreciate the proposed berm to protect their properties from the impact of Rockford Glen. Residents in Hughston Addition have waited years for sewer and water to become available, but the proposed project would be a financial burden. He does not believe that the proposed street Regular Council Meeting March 6, 1996 Page 8 improvements should cost each parcel $10,000. He said that a surfaced street is not needed and would increase traffic. Fred Hawkins, 17525 41st Avenue North, stated that paying his proposed assessment over 10 years would result in a total payment of about $22,000. He feels that a surfaced street is a waste of money and favors only sewer and water improvements. Mayor Tierney closed the public improvement hearing. Councilmember Lymangood stated that the Council understands that the initial petition was only for sewer and water. However, in order to install the utilities, the existing roadway would have to be removed and replaced. He stated that even if the gravel road were reinstalled, there would be associated costs. Public Works Director Moore estimated the cost would drop from the estimated 10,000 per parcel for street improvements to about $7,500 if the gravel road were reinstalled with drainage improvements. Several residents commented that this is excessive. Councilmember Lymangood suggested that this project may be a bit early. Perhaps the affected property owners should have additional time to consider the options. Councilmember Wold noted that the total cost of the improvements is proposed to be assessed to benefiting properties. He asked whether these properties could receive a partial benefit from the Street Reconstruction Fund. Public Works Director Moore explained that projects under the Street Reconstruction Program relate to areas where properties have paid for the initial street either through the lot price or a special assessment. The City then assists in the cost of reconstruction. The properties in Hughston Addition have never paid for street improvements. He added that it has been the City's policy, without exception, over the past 20 years to construct a paved urban street whenever public utilities have been installed. Councilmember Granath stated that this precedent on constructing paved urban streets is significant, aiA agreed that this project may be premature. Residents may need additional time to consider the options. Councilmember Wold concurred and explained that the reason he earlier posed the all or none" question relating to the improvements was that there have been no exceptions to this policy for 20 years. He is not prepared to deviate from that policy this evening. Regular Council Meeting March 6, 1996 Page 9 Mr. Hughes asked the City to address the issue of direct access to Highway 55. Public Works Director Moore stated that the City is not proposing to remove the direct access if the project does not move forward. The State Highway Department could recommend the access be closed at some time in the future. He also answered an earlier resident question about compensation for removal of trees and the impact of losing direct Highway 55 access. He stated that the City would compensate for the fair value of easements obtained, and that amount would be included in the overall project cost. Those costs are not currently included in the estimated assessment amounts, but he did not believe it would be significant. There would be minimal tree loss. Director Moore stated that the access to Highway 55 is a public road connection. It is not a private property access right and there would be no compensation issue. Under the proposed relocated access, all properties would still have access to a public street. He further explained that the proposed project would take no private property. The project was recently staked, and he noted that many of the property owners have private improvements that encroach in the public right-of-way. He stated that this project would require six Council votes (a four-fifths vote) in order to proceed. The public improvement hearing is valid for up to six months if the Council decides to defer a decision on the project. After six months, a new public improvement hearing would be required in order to proceed with the project. MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to postpone public improvements for Hughston Addition - 41st Avenue and adjacent area, Project 537, for up to six months. Councilmember Black stated that these residents have paid taxes for many years and the City should not foreclose consideration of some participation from the Street Reconstruction Fund. Manager Johnson stated that this can be discussed; however, the amount would probably not be significant. He stated that the average residential property pays about $400 per year in City taxes, $40 of which goes toward the Street Reconstruction Program. Over the course of many years, the total amount paid is probably only a few hundred dollars. Public Works Director Moore stated that a notice will be sent to affected residents in about a month inviting them to attend a meeting to further discuss the improvement options. The Council requested that Councilmember Anderson, Councilmember Wold, and Mayor Tierney be notified of the meeting so they can attend. Regular Council Meeting March 6, 1996 Page 10 Motion to postpone carried, six ayes. ITEM 8-A ESTABLISH StiBCOMMITTEE ON DEVELOPMENT OF EAST MEDICINE LAKE TRAIL Councilmember Lymangood suggested that it would be useful to appoint a subcommittee to coordinate planning with Hennepin Parks and to receive citizen input on the development of the East Medicine Lake Trail. He noted that the City is currently completing the trail system on the west side of Medicine Lake, and trail development on the east side would provide a trail loop around the lake. Medicine Lake is the second largest lake in Hennepin County, and a 9.2 mile trail around the lake would be desirable. Mayor Tierney asked if problems relating to the railroad right-of-way have been resolved. Councilmember Lymangood stated that there are many engineering difficulties with this project including the railroad right-of-way problem, narrow bridges, streets in need of reconstruction, bridge over a wetland area, and streets that may need to be closed. However, the project should be pursued as it would be quite an asset to the area. Councilmember Granath agreed that there are obstacles but that the project should be pursued. He is enthusiastic on the prospects for this project and agreed that the subcommittee structure would be a good vehicle to receive public input. He expressed interest in serving on the subcommittee. MOTION was made by Councilmember Wold, seconded by Councilmember Preus, to adopt RESOLUTION 96-147 ESTABLISHING SUBCOMMITTEE ON DEVELOPMENT OF EAST MEDICINE LAKE TRAIL, appointing Councilmembers Lymangood and Granath, and other staff/commission members deemed appropriate by the subcommittee. MOTION to amend was made by Councilmember Black, that she also be appointed as a member of the subcommittee. Councilmember Wold accepted this as a friendly amendment to the original motion. Main motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to direct staff to include recommended funding sources for "seed money" for completion of the trail system in the development of the Capital Improvements Program. Motion carried, six ayes. Regular Council Meeting March 6, 1996 Page 11 ITEM 8-A-2 (6-N) ACCEPT 1995 UNAUDITED FINANCIAL STATEMENTS MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to accept the unaudited financial statements for the year ended December 31, 1995. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-148 TRANSFERRING FUNDS FROM GENERAL FUND TO FACILITIES MANAGEMENT FUND. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-149 TRANSFERRING FUNDS FROM GENERAL FUND TO INFORMATION TECHNOLOGY SERVICES FUND. Motion carried, six ayes. ITEM 8-11 ACCEPT PRELIMINARY ENGINEERING REPORT ON 1996 PARK BOND TRIALS, PROJECT 417 Park Director Blank presented the staff report on the Preliminary Engineering Report for the 1996 Park Bond Trails, Project 417. Earlier this year, the City Council authorized Strgar-Roscoe-Fausch to prepare the preliminary engineering reports on the 1996 park bond trails. The first seven segments of the trail were designed and bid in 1995. The remaining 12 segments are proposed in this preliminary engineering report. He explained that staff conducted a public information meeting on December 12, 1995. The purpose of the meeting was to allow the neighbors immediately adjacent to the proposed trail segments to ask questions of the design engineers and make the City aware of other issues and concerns they had about the project. Park Director Blank stated that the estimated cost for completing the 12 remaining trail segments is $838,000. This would expend the balance from the $3.2 million open space and trail bonds approved in 1995. He described the various segments and issues on each. Park Director Blank stated that the issue on the Dunkirk Lane Trail, Segment 8, is whether the trail should be on the west or east side. About 14 trees would be removed if the west side is selected at a total cost of about $106,000. Placing the trail on the east side would require that 48 trees be removed at a total trail cost of about $88,000. Staff recommends that the trail be placed on the west side of the road, although at a higher cost, in order to save as many trees as possible. A trail on the west side would also connect to the new trail on the south side of Medina Road. Regular Council Meeting March 6, 1996 Page 12 Mayor Tierney noted that there are a number of power poles located on the west side of the road. Jim Dvorak, Strgar-Roscoe-Fausch Consulting Group, explained that utilities such as phone and electric are typically located in the public right-of-way. He works with the utility companies during the project to ensure that the utilities get relocated. Tiffane Ferrer, 3325 Dunkirk Lane, stated that she was initially opposed to the trail on the west side because most of the existing trail is on the east side. However, she now believes that the west side may be better due to the heavy tree loss if the trail is installed on the east side. She stated that the existing trail is about 3 to 5 feet from the road, and the proposed trail will not match this setback distance. The consultants have recommended that the Dunkirk Lane trail should be moved as far back from the road as possible, thus pushing the trail nearer her home. She said the current plan is for a 10 foot strip between the road and the 8 foot wide trail. She would prefer that the trail be either immediately abutting the roadway or set back a maximum of 3 to 5 feet from the roadway. Robert Sipkins, 2621 Comstock Lane, urged the Council to accept the preliminary engineering report as proposed. He opposes construction of the trail on the east side due to the heavy loss of trees. Jim Dvorak stated that the right-of-way on the Ferrer parcel is quite wide. In general, he recommends distancing trails from the roadway for safety reasons. He stated that Ms. Ferrer is correct, that trails to the south of this area directly abut the curb. He recommended that the trail be placed directly abutting the curb or at least 5 feet back because it is difficult to maintain grass in the boulevard area if it is less than 5 feet in width. MOTION was made by Mayor Tierney, seconded by Councilmember Black, that Segment 8, the Dunkirk Lane Trail, should go on the west side with direction that on the Ferrer property efforts be made not to unduly encroach into the yard. Motion carried, six ayes. Park Director Blank explained the proposed 19th Avenue trail. Neighbors affected by this proposed sidewalk have requested that it not be built at this time. Their feeling is that the road is unsafe and that the sidewalk would also be unsafe. Staff does not see an unusual safety problem and recommends deleting this trail from the project at this time, as requested by the neighborhood. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to delete the 19th Avenue trail from the project. Motion carried, six ayes. Regular Council Meeting March 6, 1996 Page 13 Park Director Blank reviewed the proposed trail on Xenium Lane from the Minnetonka border northerly to the future Luce Line trail along the Chicago Northwestern Railroad (Segment 10). Several of the neighbors immediately south of Carlson Parkway have requested that the City include a fence along the trail project. It has not been the City's practice to install fencing along trails in this type of situation. Most of the homes are located 180 feet from the proposed trail. The City would typically consider fencing only when trails run between two homes to ensure that trail users stay on the path. Director Blank stated that the cost of building the fence is estimated at $3,000, and the fence could cause vandalism, debris, and snow removal problems. MOTION was made by Councilmember Lymangood, seconded by Councilmember Black, to approve the trail construction on Xenium Lane from the Minnetonka border northerly to the future Luce Line trail, with no fencing. Motion carried, six ayes. Park Director Blank described the proposed trail on the west side of Northwest Blvd., Segment 14. Bob Marcotte, 3708 Rosewood Lane, stated that he earlier submitted a petition signed by 22 abutting property owners expressing concern about a trail on the west side of Northwest Blvd. He believes that this is a duplication and waste of money since there is an existing trail on the east side. Mr. Marcotte stated that there has been a lack of citizen involvement in this trail project. He requested that staff provide the names of people who have indicated support for this trail over the years, but it has not been provided. He stated that the primary destination for people walking along Northwest Blvd. is the park, and he doesn't believe that pedestrians will use the westerly trail to get to the signalized intersection in order to cross to the easterly trail in order to enter the park. Mr. Marcotte stated that speed is a problem on Northwest Blvd. and an overpass or stop light will be needed to cross to the park. He requested that the Council delete Segment 14 for further study in order to determine if it will be a valuable use of resources. He suggested that the neighborhood be surveyed to determine if they prefer a signal - controlled crosswalk or a trail along the west side. Councilmember Granath stated that he understands the concerns about crossing Northwest Blvd., but a trail on the westerly side should facilitate pedestrian traffic. Councilmember Lymangood explained that there have been opportunities for public input throughout this process, including public information meetings on the proposed trail segments. He stated that whether a trail should be constructed on the west side of Northwest Blvd. is not an issue for this neighborhood alone. The trail system is used by many residents who don't abut a particular segment of trail. Regular Council Meeting March 6, 1996 Page 14 He believes that, at a minimum, this trail should be installed from County Road 9 southerly to the townhome development. Councilmember Preus stated that there are two issues -- the need for the trail on the west side of Northwest Blvd., and the difficulties in pedestrian crossing of Northwest Blvd. As a Planning Commissioner, he heard many concerns about the difficulty of crossing Northwest Blvd., and he believes there is a desire of people to have a trail on the west side of the roadway. He noted that many people will use the trail to go places other than French Park. He favors moving ahead with this trail segment and separately addressing the pedestrian crossing issues. Public Works Director Moore stated that there is no single good location to install a crosswalk along this area of Northwest Blvd. He said that pedestrians cross at different locations, and there is no primary access into French Park to justify and warrant a pedestrian traffic signal. Councilmember Black noted that even if the Council determines it is advisable to install a crosswalk in the future, a trail would be needed along the west side in order to channel the pedestrian traffic to the crosswalk. MOTION was made by Councilmember Wold, seconded by Councilmember Granath, that the trail on the west side of Northwest Blvd. be constructed as planned in the park and open space trail referendum. Motion carried, six ayes. Park Director Blank described the Rockford Road trail, Segment 16. He said that Bea Jordan has requested that the trail not run along the boulevard of Rockford Road in front of her home, which is located relatively close to the roadway. He stated that the option of diverting the trail around her home is not feasible. A second option is to not build the segment of trail abutting her property at this time. Within the next year or so, this roadway will come under City jurisdiction which may allow more flexibility in the exact location of the trail. He clarified that there is no exact timeline under which the City will take ownership of the road and there are currently no proposals to upgrade the road. Bea Jordan, 15530 Old Rockford Road, stated that this trail does not go anywhere and she would like it permanently deleted from the plan. MOTION was made by Councilmember Lymangood, seconded by Councilmember Black, to construct the proposed Rockford Road trail, eliminating the segment abutting Bea Jordan's property from this project. Motion carried, six ayes. Park Director Blank described the proposed Vicksburg Lane trail. Regular Council Meeting March 6, 1996 Page 15 MOTION was made by Councilmember Lymangood, seconded by Councilmember Preus, to approve an off-road trail configuration on the west side of Vicksburg Lane. Motion carried, six ayes. Park Director Blank described the proposed Cavanaugh Addition trail. He recommended construction of the trail in the outlots on Minnesota Lane and Lanewood Lane be deferred at this time, and that only the Niagara Lane outlet trail be constructed. MOTION was made by Councilmember Wold, seconded by Councilmember Black, that the construction of trail in the outlots on Minnesota Lane and Lanewood Lane be deferred at this time, and that only the Niagara Lane outlet trail be constructed. Staff was also directed to study the addition of a piece of sidewalk as requested by an area resident between 32nd and 34th Avenues on the south side of the post office. Motion carried, six ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Black, to approve the staff recommendation on all other proposed trail segments and to adopt RESOLUTION 96-150 APPROVING FEASIBILITY REPORTS ON TRAIL SEGMENTS. Motion carried, six ayes. ITEM 8-C (6-F) REJECT LAWN MAINTENANCE BIDS Park Superintendent Peterson explained that the following bids were received for lawn maintenance for various City -owned facilities: T. Quintmeyer's Lawn Service $17,913 Isaacson Lawn Care $19,994 Showcase Lawn & Landscape $32,185 He stated that the low bidder, T. Quintmeyer, erred in their bid bond by taking 5 percent of the performance bond, rather than 5 percent of the total bid amount. The result was an incorrect bid bond and that bid must be rejected. Given the difference between the first and second bidders of over $2,000, he recommended that the Council reject all bids and rebid the entire program. John Isaacson, 10515 County Road 116, Corcoran, stated he is the owner of Isaacson Lawn Care. He stated that the increase in his bid from last year is due to additional area added by the City to the contract. He stated that he does work for other cities and for Hennepin County. He believes that since the low bidder erred, the bid should be awarded to the second low bidder. Mr. Isaacson stated that the cost to the City could increase if the project is rebid. He believes that if the Council rejects the bids, the bidders should be reimbursed for the time they took in preparing their bids. Regular Council Meeting March 6, 1996 Page 16 MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-151 REJECTING 1996 LAWN MAINTENANCE BID. Councilmember Granath asked if the procedure would differ if the amount of the contract were over $25,000. City Attorney Knutson responded that because of the estimated amount of the contract, it was the City's option whether to follow state bidding laws. However, once that option was chosen, the City must follow the state bidding laws. He advised that it is the Council's discretion whether to reject all bids or to award to the second lowest bidder, Isaacson Lawn Care. In response to a question by Mayor Tierney, Superintendent Peterson clarified that this issue does not relate to quality of work. Mayor Tierney stated that she favors awarding the bid to the second low bidder rather than rebidding the project. Councilmember Preus asked if there is a City precedent for rejecting all bids due to a bidding error. Public Works Director Moore could not cite a specific situation, but stated that the City has rejected all bids in a previous situation when the apparent low bidder made an error. City Attorney Knutson stated that it is not uncommon for a city to reject all bids and rebid a project when an error is made. Motion carried, four ayes; Granath and Tierney nays. ITEM 8-1) (6-0) ADD TO SPECIAL COUNCIL MEETING - APPROVAL OF CONTRACT WITH LIFE TIME FITNESS City Manager Johnson suggested that the Council add "Approve Contract with Life Time Fitness" to the March 13 Special Council meeting for consideration. He stated that several meetings have been held with Life Time Fitness and with School District 284, and he believes that a proposed final contract will be ready for consideration by the City Council on March 13. He stated that the time is nearing when bids need to be let for site grading. It is also advantageous to consider the contract and get the work underway because the parties are spending significant money on design and a formal relationship should be established. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt a resolution adding the topic "Approve Contract with Life Time Fitness" to the March 13, 1996, Special Council Meeting. Councilmember Grana:'. spoke in opposition to the motion. He is sensitive to moving the issue along, but believes the public will have a better opportunity to observe and participate if it is considered at a regular meeting. He noted this could Regular Council Meeting March 6, 1996 Page 17 be considered at the March 20 regular meeting, which is only a one week delay. He believes the vote on the contract deserves to be held at a regular meeting. Manager Johnson stated that the March 13 Special Council meeting will be cablecast and conducted in all respects like a regular council meeting. The Council will be taking action on a number of issues that appear quite lengthy for a regular meeting agenda. Councilmember Preus supported waiting until March 20 to take action on the issue. He has received a number of questions from residents about the proposed contractual relationship and another week would allow the public to become more informed and comment on the proposal. He would not oppose having the item on the March 13 Special Council agenda for discussion only. He asked if drafts of the proposed contract have been made available to the public. City Manager Johnson responded that the contract drafts are public documents, but staff has received no requests for the documents. Councilmember Lymangood stated that the City Attorney and City Manager have worked on drafts of this proposed contract document for some time. These public documents have been available for several weeks and no one has requested to review them. Councilmember Granath stated that the public has a great deal of interest in this issue and there is a common theme of concern with the aspect of a contractual relationship with Life Time Fitness. He stated there have been substantive changes made to the draft contract, including the request by Life Time Fitness for more money in a recent subcommittee meeting. Mayor Tierney favored placing the proposed contract on the March 13 special council agenda and noted that this would not require the Council to take official action. Councilmember Black stated she is sensitive to receiving adequate public input on this issue. She favors consideration of the contract on March 20 in order to give_ the public the opportunity to consider the information for an additional week. Councilmember Lymangood noted that the time was currently 9:59 p.m., and he suggested that the rules be suspended in light of the City Council's 10:00 p.m. adjournment rule. MOTION was made by Councilmember Lymangood, seconded by Councilmember Wold, to suspend the rules and extend the adjournment time to 10:20 p.m. Motion carried, six ayes. Regular Council Meeting March 6, 1996 Page 18 Mayor Tierney suggested that an update could be provided on the proposed contract at the March 13 special meeting even if action is not taken until March 20. Councilmember Wold stated that this may be counter to the Council's intent to receive public input. Ii residents are aware that no vote will be taken on March 13, no one will likely attend or comment on it. MOTION was made by Councilmember Preus, seconded by Councilmember Lymangood, to call the question. Motion carried, five ayes, Tierney nay. Motion to adopt the resolution failed: Wold, Lymangood, and Tierney ayes; Granath, Black, and Preus nays. MOTION was made by Councilmember Granath, seconded by Councilmember Black, to add the topic of the Contract with Life Time Fitness to the March 13 Special Council meeting for discussion purposes only. Councilmember Lymangood spoke in opposition to the motion. He stated that the purpose of the March 13 special meeting is to take action on a number of important issues. Since no action would be taken on this issue (under the current motion), he suggested that residents be allowed two weeks to review the draft contract and for the Council to take action at the March 20 regular meeting. Motion failed: Granath, Black, and Tierney ayes; Wold, Lymangood, and Preus nays. MOTION was made by Mayor Tierney, seconded by Councilmember Black, to place "Approve Contract with Life Time Fitness" on the March 20 regular meeting agenda. Motion carried, six ayes. ITEM 8-E (6-G) APPROVE FINAL LAYOUT OF PEONY LANE, PROJECT 502 Councilmember Preus stated he understands the necessity to expand Peony Lane to four -lanes southerly of the new high school, but he supports retaining two lanes north of the high school at this time. He stated that it may or may not be necessary to expand the northerly segment to four lanes depending on the amount of future development in northwest Plymouth. Public Works Director Moore stated that this proposed project includes only the improvement of Peony Lane from Highway 55 to the high school. The City Council has previously deleted any consideration of Peony Lane north of the high school until after the decisions are made on planning for northwest Plymouth. He stated that without any -zxtension of the Metropolitan Urban Service Area MUSA), the projected traffic on Peony Lane is about 10,000 vehicles per day. Regular Council Meeting March 6, 1996 Page 19 With MUSA expansion, traffic is estimated to increase to about 12,000 vehicles per day. The need for a four -lane roadway from Highway 55 to the high school is warranted whether or not there is a MUSA expansion. Councilmember Black noted that Schmidt Lake Road will also feed into the intersection with the high school and Peony Lane, furthering the need for a four -lane roadway from the high school southerly to Highway 55. MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood, to approve the final layout for the construction of Peony Lane from Highway 55 to the Wayzata High School as a four -lane divided urban roadway and a bridge crossing the railroad. Motion carried, six ayes. ITEM 9-A STATE TOBACCO LEGISLATION Public Safety Director Gerdes stated that he has been asked by two legislators for a clarification of the Council's position regarding tobacco legislation and preemption of more stringent local law. Councilmember Wold stated he would encourage the legislators to vote against the tobacco legislation if preemption is included in the bill. Mayor Tierney agreed and stated that local communities should be given an opportunity to determine which local options relating to tobacco are effective. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to recommend that legislators oppose preemption of City ordinances where a city wishes to have stricter controls than provided by state law. In response to a question by Mayor Tierney, Councilmember Lymangood clarified that his motion relates to any attempts by the state to pre-empt local government action on any issue -- not only tobacco legislation. Councilmember Granath agreed that local communities should have the freedom to develop solutions to problems without state preemption on certain issues. Motion carried, six ayes. ITEM 9-B TRANSIT UPDATE Mayor Tierney reported that there have been several meetings with other opt -out communities relating to the future of Metro Mobility. There is a study underway on whether a transit hub could be possible in Plymouth. Regular Council Meeting March 6, 1996 Page 20 ITEM 9-C WATER QUALITY FAIR Mayor Tierney stated that a very successful Water Quality Fair was recently held and directed staff to thank all event volunteers for their efforts. MOTION was made by Councilmember Wold, seconded by Councilmember Lymangood, to adjourn the meeting at 10:18 p.m. Motion carried, six ayes. Laurie Ahrens City Clerk