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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