HomeMy WebLinkAboutCity Council Minutes 04-03-1996Minutes
Regular Council Meeting
April 3, 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 April 3, 1996.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Preus,
Granath, and Black.
ABSENT: Councilmember Anderson.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Public Safety
Director Gerdes, Park Director Blank, City Attorney Knutson, and City Clerk Ahrens.
Item 3 Forum
Dave Buzzelle, 10222 South Shore Drive, spoke in favor of development of a trail
around Medicine Lake. He said that the amount and speed of traffic, particularly
to and from the two liquor establishments, is a safety concern for the area. He
stated that some motorists tend to ignore the stop signs, and the speed humps are
not effective. He encouraged the City to proceed immediately with the trail
project.
Mayor Tierney stated that the City Council is considering installation of speed
humps in other areas of the City and asked Mr. Buzzelle to comment. Mr.
Buzzelle responded that some drivers increase their speed when approaching the
speed humps. Noise has also increased due to vehicles that slow for the hump and
then accelerate.
Councilmember Granath stated that when the City Council installed the speed
humps on South Shore Drive, he indicated his willingness to take additional action
if needed. He concurred that there are deficiencies to speed humps, and the
Council should consider additional measures.
Item 5 Approve Agenda
Motion was made by Councilmember Lymangood, seconded by Councilmember
Granath, to approve the agenda with the addition of three items: Report on TCF
Lawsuit Decision, Update on Project Budget for Recreation Facilities, and
Discussion of Speed Humps. Motion carried, six ayes.
Item 6 Consent Agenda
Item 6-Q was removed from the Consent Agenda. Manager Johnson noted a
change to Item 6-D, but the item remained on the consent agenda.
Regular Council Meeting
April 3, 1996
Page 2
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 March 13 Special Council Meeting, and the
March 20 Regular Council Meeting. Motion carried, six ayes.
Item 6-B Approve Disbursements
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-184 APPROVING DISBURSEMENTS
FOR THE PERIOD ENDING MARCH 22, 1996. Motion carried, six ayes.
Item 6-C Approve Property Casualty Insurance Renewals
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-185 AWARDING THE CONTRACT FOR
INSURANCE FOR THE 1996/1997 INSURANCE PROGRAM. Motion
carried, six ayes.
Item 6-D 1996-1997 City Council Goals and Objectives
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-186 APPROVING 1996-1997 CITY
COUNCIL GOALS AND WORK PLAN. Motion carried, six ayes.
Item 6-E Approve Labor Agreement with LELS for Plymouth Police Officers
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-187 APPROVING THE LABOR
AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE LAW
ENFORCEMENT LABOR SERVICES, INC., LOCAL 18, JANUARY 1,
1995 THROUGH DECEMBER 31, 1995. Motion carried, six ayes.
Item 6-F Carlson Real Estate Company (95008)
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-188 APPROVING A PRELIMINARY
PLAT, FINAL PLAT VARIANCE AND A SITE PLAN FOR CARLSON
REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF CHESHIRE LANE AND CARLSON
PARKWAY (95008). Motion carried, six ayes.
Regular Council Meeting
April 3, 1996
Page 3
Item 6-G KHCD H, for Kinderberry Hill (96007)
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-189 APPROVING A CONDITIONAL
USE PERMIT AND SITE PLAN FOR KHCDA H, INC., FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF CHESHIRE LANE AND
CARLSON PARKWAY (96007). Motion carried, six ayes.
Item 6-H Accept Community Policing Subcommittee Appointments
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to approve the recommendation of the Council subcommittee on community
policing to appoint Kim Koehnen and Maryanne Biermeier to fill the two citizen
positions on the Council subcommittee on community policing for 1996. Motion
carried, six ayes.
Item 6-I Entry One, Inc. Approve Conditional Use Permit (96012)
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-190 APPROVING CONDITIONAL USE
PERMIT FOR PROPERTY LOCATED AT 10440 ROCKFORD ROAD
96012). Motion carried, six ayes.
Item 6-J Approve Exemption from Lawful Gambling License
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-191 FINDING NO OBJECTION TO
LAWFUL GAMBLING EXEMPTION FOR PILGRIM LANE
ELEMENTARY PTO. Motion carried, six ayes.
Item 6-K Approve Bid for Pavement Markings
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-192 APPROVING THE BID FROM AAA
STRIPING SERVICE COMPANY FOR PAVEMENT MARKINGS FOR
1996 AND 1997. Motion carried, six ayes.
Item 6-L Change Order for Plymouth Creek Channel Improvements, Project 509
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-193 APPROVING CHANGE ORDER
NO. 2, PLYMOUTH CREEK CHANNEL IMPROVEMENTS, CITY
PROJECT NO. 509. Motion carried, six ayes.
Regular Council Meeting
April 3, 1996
Page 4
Item 6-M Order Plans for Westbranch Third Addition, Project 415
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-194 RECEIVING PETITION,
ORDERING PLANS AND SPECIFICATIONS, WESTBRANCH THIRD
ADDITION PHASE TWO, STREET AND UTILITIES, CITY PROJECT
NO. 415 Motion carried, six ayes.
Item 6-N Final Payment, 1994 Street Reconstruction Program, Project 401
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-195 REQUEST FOR PAYMENT SIX
AND FINAL, 1994 STREET RECONSTRUCTION -PART ONE, CITY
PROJECT NO. 401. Motion carried, six ayes.
Item 6-0 Payment 6 for 1995 Street Reconstruction Program, Project 501
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-196 REQUEST FOR PAYMENT
NUMBER SIX, 1995 STREET RECONSTRUCTION, CITY PROJECT NO.
501. Motion carried, six ayes.
Item 6-P Opus Northwest, Fire Lane Variance in Bass Creek Business Park (96022)
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-197 APPROVING FIRE LANE
VARIANCE FOR OPUS NORTHWEST L.L.C., FOR THE BOREALIS
OFFICE/WAREHOUSE BUILDING TO BE BUILT NORTHWEST OF
TRENTON LANE IN THE BASS CREEK BUSINESS PARK (96022)
Motion carried, six ayes.
Item 6-R Confirm Deputy Clerk Appointments
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-198 CONFIRMING THE
APPOINTMENT OF DEPUTY CLERKS. Motion carried, six ayes.
Item 6-S Authorize Purchase of City Center Furnishings
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-199 AUTHORIZING PURCHASE OF
FURNISHINGS FOR CITY CENTER BUILDING. Motion carried, six ayes.
Item 6-T Authorize Certification to MnDOT for Transit Vehicle
Motion was made by Councilmember Lymangood, seconded by Councilmember
Wold, to adopt RESOLUTION 96-200 REQUIRED CERTIFICATION TO
MNDOT IN CONJUNCTION WITH APPLICATION FOR FUNDS FOR
VEHICLE PURCHASE, PLYMOUTH METROLINK TRANSIT SYSTEM.
Motion carried, six ayes.
Regular Council Meeting
April 3, 1996
Page 5
Item 7-A Vacation of Easements in Fox Forest Second Addition
Public Works Director Moore presented the staff report on the recommended
vacation of easements in Fox Forest 2nd Addition. Mayor Tierney opened the
hearing. No one appeared, and the hearing was closed.
Motion was made by Councilmember Wold, seconded by Councilmember
Lymangood, to adopt RESOLUTION 96-201 AUTHORIZING THE
VACATION OF A STORM SEWER EASEMENT, PARCEL 20 IN
DOCUMENT NO. 905647;
RESOLUTION 96-202 AUTHORIZING THE VACATION OF A STORM
SEWER EASEMENT DESCRIBED AS PARCEL NO. 18 IN DOCUMENT
NO. 905647;
RESOLUTION 96-203 AUTHORIZING THE VACATION OF A STORM
SEWER EASEMENT REFERENCED AS PARCEL NO. 19 IN
DOCUMENT NO. 905647; and
RESOLUTION 96-204 AUTHORIZING THE VACATION OF A SEWER
EASEMENT AS REFERRED IN DOCUMENT NO. 851962. Motion carried,
six ayes.
Item 7-B Public Hearing on Use of Community Improvement Fund for East
Medicine Lake Trail Planning and Design
Assistant City Manager Lueckert stated that the Council previously directed staff
to identify possible funding sources for completion of the trail system around
Medicine Lake. Staff has discussed the amount of planning and design funding,
and believes that $100,000 in 1996 is an appropriate amount to help advance the
project. The recommended source of funding is the Community Improvement
Fund, and the City Council must hold a public hearing on any proposed
expenditure from the Community Improvement Fund. Because the East Medicine
Lake Trail Project has not been in the Capital Improvements Program for two
years, a 5/7 vote of the City Council is required for approval of the expenditure.
She recommended that this proposed use of funds be approved prior to
considering inclusion of the trail project in the Capital Improvements Program.
Councilmember Lymangood explained that the proposed East Medicine Lake Trail
is referenced in agenda items 7-B, 8-A, and 8-B. This public hearing is only to
approve the recommended source of funding for planning and design of the trail.
Later agenda items will address whether the project fits into the City's overall
Capital Improvement Program.
Regular Council Meeting
April 3, 1996
Page 6
Councilmember Preus asked if there is an estimated cost for constructing the entire
project and what participation Hennepin County may have. Park Director Blank
responded that the Hennepin County Regional Park Authority has designated $1.5
million for the trail project. He stated that the City would be assisting them at this
initial planning and design stage, but the trail and construction project would be
their responsibility. He estimated that 90-95 percent of the project costs would be
paid by Hennepin County Regional Park Authority.
Councilmember Wold clarified that the Hennepin County Regional Park Authority
is a separate entity from Hennepin County. He stated that this hearing is being
held to determine whether the City should set aside $100,000 for planning and
design of the trail. In the next agenda item, the Council will consider whether to
expend the $100,000 for this purpose.
Mayor Tierney opened the public hearing on use of community improvement funds
for East Medicine Lake Trail planning and design.
Rita O'Donnell, 3225 Wellington Lane North, stated that completion of the trail
would result in a great natural resource for the City. She supported development
of Medicine Lake, including a trail along the east side, to improve the quality of
life for Plymouth residents as well as those who visit the lake. She encouraged the
Council to move the project forward.
Kerry Brekke, 10830 34th Avenue North, supported completion of the trail around
the lake. She stated there are currently no trails in her neighborhood and a safe
connection with the French Park Trail on the west side would be an asset to her
neighborhood. Ms. Brekke stated there are concerns about the use of East
Medicine Lake Boulevard as a trail because it is narrow with no shoulder in some
areas. She believes the trail is needed to address safety issues, and completion of
the trail would unite residents on the east and west sides of the lake.
Rick Barkley, 10420 23th Avenue North, referenced a letter that he sent
previously to the City Council supporting completion of the trail. He encouraged
the Council to move forward with the trail project, but expressed the need to
address safety issues in this area during 1996.
John Fischer, 2825 Medicine Ridge Road, supported proceeding with the project
to address safety issues on Medicine Lake Boulevard. He explained that his
property is both on the east and west side of Medicine Lake Road, with deeded
property to the lake. He crosses the road often to get to the lake and stated that
the lower road provides a driveway access to the rear of his property. His primary
concern is with the safety of pedestrians. The road is extremely narrow with
curves, and dark because there are no street lights. He suggested the Council
Regular Council Meeting
April 3, 1996
Page 7
consider a one way road, dead end, or closing the road completely with use only
for recreational purpose .
John Byrnes, 10705 34th Avenue North, agreed that the road is dangerous due to
the amount of heavy pedestrian use. He believes that this issue is a question of
vision for the City and believes that a trail improvement would also benefit
property values in the area.
Erika Urban, 1541 West Medicine Lake Drive, stated that the trail on the west side
of the lake has been in place for some time and receives heavy use. She noted that
AMLAC (Association of Medicine Lake Area Citizens) has supported a trail on
the east side of the lake for many years, and she believes that the Council should
move forward now.
Mayor Tierney closed the public hearing.
Park Director Blank stated there are safety issues in this area that need to be
addressed, and the City has completed preliminary work with Hennepin County
Parks. The next step would be a full engineering report and preliminary design to
address those safety issues, and the estimated project cost would be developed at
that step. He stated that by late summer, the preliminary reports should be
completed and a recommendation provided to the City Council and the Hennepin
Parks Board. In response to a question by Mayor Tierney, Park Director Blank
stated that Hennepin County Regional Park Authority will share in the costs but
the extent is unknown. He estimated that if any physical improvements are going
to be made in this area, $100,000 will be needed for the necessary planning and
design. Councilmember Lymangood stated that he fully supports this allocation,
noting that it may or may not be the total amount needed to get this important
project underway.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Black, to adopt RESOLUTION 96-205 APPROVING THE USE OF
100,000 FROM THE COMMUNITY IMPROVEMENT FUND FOR
PLANNING AND DESIGN OF THE EAST MEDICINE LAKE PROJECT.
Councilmember Granath stated that he was unable to attend the informational
meeting on the proposed trail, but he is wholeheartedly in favor of this initiative.
He favors completion of the trail around the lake, and addressing safety concerns
on the east side of the lake in 1996.
Mayor Tierney stated that she will support the motion with the assumption that the
Hennepin County Regional Park Authority will share with funding of the project.
Motion carried, six ayes.
Regular Council Meeting
April 3, 1996
Page 8
Item 8-A Approve 1996-2000 Capital Improvements Program
Assistant Manager Lueckert presented the proposed Capital Improvements
Program for 1996-2000. She stated that this program proposes five year
expenditures of $55.8 million. The Capital Improvement Program projects are
financed through several sources including tax increment financing, Community
Improvement Fund, Utility Fund, and Minnesota State Aid. She highlighted some
of the major projects proposed in 1996-1997, noting that the 1996 expenditures
are estimated to be $31.7 millions dollars:
Elm Creek Playfield Development 1,575,000
East Medicine Lake Trail
Planning & Design) 100,000
West Medicine Park Development 2,025,000
Recreational Facilities 8,000,000
Cooperative Community Recreational
Facilities 1,200,000
Zachary Lane
36th Avenue to Co. Rd. 10) 2,750,000
Peony Lane 5,028,000
Schmidt Lake Road
Fernbrook to Vicksburg) 1,500,000
Traffic Circle
Plymouth Blvd. at 36th Avenue) 100,000
Water Tower on Vicksburg Lane 4,000,000
Elm Creek Playfield Development 100,000
Zachary Lane
Medicine Ridge Rd/E. Medicine
Blvd.) 1,000,000
Ridgemount Avenue 700,000
Well 14, Central Well Field 500,000
Councilmember Wold noted that the proposed Ferndale Lane project is included
in the Capital Improvements Program for 1998. He clarified that the City could
move the project to 1997 if the City of Orono was prepared to also do so.
Manager Johnson stated that this has been communicated to the City of Orono.
Mayor Tierney asked if the Ferndale Road state aid designation could come into
question if the interchange is not approved at Ferndale Road and Highway 12.
Public Works Director Moore responded that Ferndale Road from County Road 6
to Highway 12 is designated on the state aid system. The City of Plymouth and
the City of Orono requested that this roadway be placed on the state aid system
before there was any consideration of an interchange at Highway 12 and Ferndale
Road, and it was granted by the State. He is unsure if the State could rescind this
Regular Council Meeting
April 3, 1996
Page 9
designation. He explained that in order for the cities of Plymouth and Orono to
use state aid funds for the project, state aid road design guidelines would have to
be met. However, there is discretion on the design speed. If the cities of
Plymouth and Orono wanted to construct the roadway without state aid dollars,
they could do so without meeting the state aid standards.
Councilmember Lymangood noted that the Capital Improvement Program
proposes reconstruction of East Medicine Lake Boulevard from 36th Avenue to
Medicine Ridge Road in 1997. He would hope to address that segment of the trail
along the east side of the lake at the same time.
Mayor Tierney asked if County Road 101 from 19th Avenue to 24th Avenue was
proposed for reconstruction. Director Moore responded that this would be the
responsibility of Hennepin County. The portion of County Road 101 from County
Road 24 to Highway 55 is included in the County's five-year capital improvement
plan; however, the portion from 19th Avenue to 24th Avenue is not currently
contained in their five-year plan.
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-206 APPROVING THE 1996-2000
CAPITAL IMPROVEMENTS PROGRAM (CIT) FOR THE CITY OF
PLYMOUTH, AS RECOMMENDED BY STAFF.
Mayor Tierney presented a letter from Redeemer Lutheran Church opposing an
interchange at Ferndale Road and Highway 12.
Motion carried, six ayes.
Item 8-B Recommendation from Subcommittee on East Medicine Lake Trail
Public Works Director Moore presented the report of the City Council
subcommittee established to coordinate planning with Hennepin Parks and to
receive citizen input on the development of the East Medicine Lake Trail. He
stated that a meeting was held on March 18 at Armstrong High School with over
200 residents in attendance. A presentation was made by the consultant on
alternatives which could be considered for the trail. It was the consensus of those
attending that a trail for pedestrian safety is necessary and should be constructed as
soon as possible. He stated that the subcommittee subsequently met and
recommends that the City contact Hennepin Parks and encourage them to move to
the next step of the planning for the regional trail. The subcommittee also
recommends preparation of a safety improvement plan for pedestrians and
bicyclists along East Medicine Lake Drive, including that portion between 26th
Avenue and Medicine Ridge Road.
Regular Council Meeting
April 3, 1996
Page 10
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Black, to direct City staff to do the following for the planning of the East Medicine
Lake Drive Regional Trail: 1)Contact Hennepin Parks and encourage them to
move to the next step of the planning for the regional trail which is the preliminary
engineering report. Staff is to further negotiate possible cost-sharing between the
City and the park district for the cost of the report. 2)Prepare a safety
improvement plan for pedestrians and bicyclists along East Medicine Lake Drive,
including that portion between 26th Avenue and Medicine Ridge Road. Possible
options to be considered would include one way streets and is to include a
recommendation on what can be completed during the 1996 construction season
and its estimated cost. Motion carried, six ayes.
Item 8-C Award Contract for Site Work and Utilities, Plymouth Sports Facility,
Project 541
Public Works Director Moore stated that the City has entered into an agreement
with Shea Architects, Inc., to design the ice arena complex and site facilities. In
order to achieve maximum savings to the City and for better coordination with Life
Time Fitness, the project will be performed using the construction manager
concept. This concept replaces the general contractor concept which is often used
on building construction projects. He explained that a general contractor enters
into all of the necessary subcontracts for the construction of the facility. With the
construction manager concept, there are no subcontractors, but each type of work
is directly contracted for by the owner and all the work is then coordinated by the
construction manager.
Director Moore estimated that there will be thirty to forty individual contracts for
the City's part of this project. He recommended award of three contracts for the
first construction work on the sports facility for site preparation, earth work, and
utilities. He stated that there are contingencies on the construction contracts,
which require execution of the ground lease agreement and construction
management agreement.
City Manager Johnson reported on the status of the overall recreational facilities
project. He stated that bids were received for the site work on April 2, and the
next agenda item will relate to the contract which has been negotiated with Life
Time Fitness. He stated that the remaining costs for the project have been
estimated, and the Council subcommittee has met to recommend design issues. He
stated that a $7.8 million City project cost was authorized last fall, with net City
contributions planned for $7 million. He stated there have been many challenges
during the design stage including the difficulty of the site due to slope and
wetlands. Coordination of this site with the city center plan has also been
considered A $100,000 additional City contribution was made to Life Time
Fitness for an interior walkway connection to the ice arena, and a larger pool. He
stated that steel prices have increased recently and there is much industrial
Regular Council Meeting
April 3, 1996
Page 11
construction underway which impacts the bidding climate. A number of design
options have been proposed, and the Council subcommittee has come to a
consensus on design issues. He estimated that the project will be 4 to 4 1/2
percent more than originally planned, or about $350,000. Staff will continue
looking for savings, but the City also has available funds to pay that extra amount.
He stated that a proposed project budget will be presented at the next regular
meeting.
Councilmember Preus asked the reason for the great disparity between bids for the
earth work portion of the project. Public Works Director Moore responded that
there is a shortage of material on the construction site. The low bidder indicated
that they have material available elsewhere in Plymouth to move to the site. The
material will have to meet the specifications for the site.
MOTION was made by Councilmember Lymangood, seconded by
Councilmember Wold, to adopt RESOLUTION 96-207 AWARDING
CONTRACT FOR SITE WORK AND SITE UTILITIES FOR PLYMOUTH
SPORTS FACILITIES, PROJECT 541. Motion carried, six ayes.
Item 8-D (6-Q) Subcommittee Recommendation on Peony Lane -19th Avenue
Councilmember Wold stated that he had served on the Council subcommittee to
consider minor collector safety issues on Peony Lane/19th Avenue northerly from
County Road 6. He stated that the subcommittee met with area residents and is
recommending installation of two speed humps on Peony Lane/19th Avenue
northerly and southerly of the 19th Avenue intersection to reduce speeding. He
stated that the subcommittee understood that speed humps were effective;
however, it doesn't sound as though the speed humps are working on South Shore
Drive. He asked staff to respond.
Public Works Director Moore stated that the information available is that speed
humps are effective. He stated the speed humps on South Shore Drive were
installed in the fall of 1995. Staff will be doing a study to measure the effect, but
this cannot be done until May when the snow is completely gone.
Mayor Tierney stated that there have been several major accidents in the past year
in the 19th Avenue/Peony Lane area, and something needs to be done to address
safety on this minor collector street.
Councilmember Wold agreed that something needs to be done, but the action
should have a positive impact on the problem. The subcommittee has identified a
significant safety concern in this location, but speed humps may not provide the
desired outcome.
Regular Council Meeting
April 3, 1996
Page 12
MOTION was made by Councilmember Wold, seconded by Councilmember
Lymangood, to postpone consideration of the recommendation of the City Council
subcommittee to install two speed humps on Peony Lane/19th Avenue northerly
and southerly of the 19th Avenue intersection until the next regular meeting, and
to direct the subcommittee to meet with the affected residents in light of the
comments relating to speed humps presented by the South Shore Drive resident
earlier in the meeting.
Councilmember Preus supported the motion, but noted that the City Council needs
to address the larger issue of speed humps. He suggested postponing
consideration of the subcommittee recommendation on Peony Lane/19th Avenue
until staff completes the study on South Shore Drive speed humps. Manager
Johnson stated that the study on South Shore Drive could be completed early in
May, with results presented at the second regular May meeting. He noted that, if
approved, the installation of speed humps can be quickly done.
MOTION to amend was made by Councilmember Preus to postpone consideration
of the subcommittee recommendation for six weeks to allow staff to complete the
study on the effectiveness of the South Shore Drive speed humps and to provide
additional research information on speed humps.
Councilmember Wold accepted this as a friendly amendment to the motion.
Councilmember Granath supported the amended motion and stated he is willing to
consider additional me4hures on South Shore Drive to address traffic concerns.
Motion carried, six ayes.
Item 9-A Approve Construction Management Contract with Life Time Fitness
Manager Johnson explained that over the past few months, the City has been
planning a sports complex with Life Time Fitness. Throughout that process, cost
saving measures have been considered. The City is sharing in the site
improvements and using a common bidding procedure, there is a common wall on
the project, and the City and Life Time Fitness are coordinating the ordering of
supplies for efficiency. He stated that construction management of the project is
also being coordinated. He recommended approval of an agreement with
Diversified Construction for construction management and related services for the
City ice arena project in the amount of $374,000, which represented about 6.8
percent of the cost. He explained that additional duties proposed as a part of the
agreement include items normally performed by a general contractor or by a
construction manager on an additional, reimbursable basis. He estimated that the
proposed contract amount represents an estimated savings of $171,000 over the
City's previous independent estimate for construction management services.
Regular Council Meeting
April 3, 1996
Page 13
MOTION was made by Councilmember Lymangood, seconded by Councilmember
Preus, to adopt RESOLUTION 96-208 APPROVING CONSTRUCTION
MANAGEMENT CONTRACT WITH LIFE TIME FITNESS. Motion
carried, six ayes.
Item 9-B Update on Twin City Federal (TCF) Law Suit
Councilmember Granath summarized the recent court decision on the TCF Bank
vs. City of Plymouth case. He explained that this decision supports the Council's
action and its policy to listen to affected residents when development is proposed.
He stated that while the City Council certainly doesn't look for litigation, this
indicates that the Council will take a stand on issues when necessary and when
founded in law. In this case, the judge agreed with the City's position that the
proposal did not meet the planned unit development requirements and would
create a uniform building code violation. The judge also sustained the City's
denial of the development request due to potential traffic pattern problems noted
by residents. Councilmember Granath credited former Councilmember John Edson
for pushing this issue and listening to area residents' concerns with the proposal.
He added that smaller cities that cannot afford the resources to defend this type of
lawsuit will also benefit from the City of Plymouth's firm action and the court
decision.
Councilmember Preus stated that he served on the Planning Commission when this
issue was considered. He credited former Councilmember Edson for his initiative
on this issue and City staff for providing a solid recommendation that was
sustained by the courts.
Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to
adjourn the meeting at 8:35 p.m. Motion carried, six ayes.
Laurie Ahrens
City Clerk