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