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Mounds View City Council May 22, 2023 Regular Meeting Page 12 1 bid alternate for the trail section. 2 3 Acting Mayor Meehlhause asked if the 8% engineering cost was just for the City's portion of 4 engineering expenses. Public Works/Parks and Recreation Director Peterson reported this was the 5 case. 6 7 Acting Mayor Meehlhause opened the meeting for public comments. 8 9 Ann Tate, 3048 Bronson Drive, reported the neighbors do not want or need the trail. She 10 questioned why the City would want to spend a great deal of money on a four block trail. She 11 explained if a trail had to go forward, she recommended the trail without a boulevard be 12 considered. 13 14 Rene Johnson, 7385 Pleasant View Drive, stated the reason she brought up the Charter question 15 earlier was because she would like the Council to table action on the walking trail at this time. She 16 supported the Charter being amended before action in order to allow the neighbors to go through 17 their due process. She explained if the district court states the trail should move forward, then at 18 least she had a chance to fight. She believed this was the proper course of action for the City to 19 pursue. She indicated if the trail had to be installed, she would prefer that her mailbox remain 20 where it is. 21 22 City Attorney Riggs explained what is being asked is if the residents can use the petition situation 23 for this type of matter. He stated the assessment provision for the petition does not apply because 24 the City does not assess. He reported there was another vehicle in the Charter that allows for 25 petitions to be done. However, with the type of decision before the Council, courts in Minnesota 26 have said it's not right for this type of petition. 27 28 Ms. Johnson commented she understood she was not being assessed for this project, but the Charter 29 allows for petitions regarding improvements that would impact 100% of the residents on her street. 30 City Attorney Riggs reported there was another avenue in the Charter that allows for this question 31 to stop the trail. However, in Minnesota the courts have stated that is not a petition for the Council 32 to utilize and it would not stop the trail. 33 34 Ms. Johnson asked what would stop the trail. City Attorney Riggs reported the residents would 35 have to elect different Councilmembers in order to make a different decision. He explained that 36 even if the Charter were amended, this type of petition would not work because it was not 37 something the Council could consider. 38 39 Ms. Johnson asked if the Council would consider tabling action on this item for 60 days to allow 40 the public to prove why the trail wasn't needed. 41 42 Acting Mayor Meehlhause requested further information regarding the cost of the project. Public 43 Works/Parks and Recreation Director Peterson reviewed the cost for the project, along with bid 44 alternates 1 or 2. It was noted the bid pricing did include the rapid flashing beacon and ADA ramps. 45 46 Council Member Gunn asked which of the bids staff would recommend. Public Works/Parks and