HomeMy WebLinkAboutCity Council Minutes 01-26-1987 SpecialM I N U T E S
SPECIAL COUNCIL MEETING
JANUARY 26, 1987
A special meeting of the Plymouth City
der by Mayor Schneider at 7:30 p.m. in
of the pity Censer at 3400 PlymoLith
19` 1.
Council was called to or -
the City Council Chambers
Boulevard on January 26,
PRESENT: Mayor Schneider, Councilmambers Crain, Sisk, Zitur,
and Vasillou, Manager Willis, Assistant Manager
Boyles, Public Works Director Moore, Planning Director
Tremere, Park Director Blank, City Attorney Thomson,
and City Clerk Brandt
ABSENT: None
PROCLAMATIONS
Nayor Schneider read a proclamation delcartng the week of Febru-
ary 9-14 as Vacational Education Week,
The Mayor also read a prorlamatior. declaring February as Heart
Month in the City of Plymouth.
CONSENT AGENDA
MOTION was made by Counci:member Zltur, seconded by Cntii c(lmem-
ber Sisk, to adopt the consent agenda as presented.
Motion carried on a Roll Call vote, five ayes.
MINUTES
MOTION was made by Councllmember l_1Lur, seconded by Councilmem-
ber Sisk, to approve the minutes of the January 12 special Coun-
cli meeting as submitted.
Motlon carrled on a it.^! L Call vote, five ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmeiiber 1_itur, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION N0. 87-55 APPROVING DISBURSEMENTS
0R THL PERIOD ENDING Df CEMBE.R 319 1986.
Notion carried on a Roll Call vote, five ayes.
0
PROCLAMATIONS
Items 4-A a B
CONSENT
Item S
MINUTES
MEETING,
12, 1987
Item 6#
AGENDA
SPECIAL
JANUARY
RESOLUTION NO SS
DISHURSE YS FOR
PERIOD ENDING 12/310'86
Item 7-0
mcaaa %.UUIMLa 4NUCULISY
January 26, 1987
Page 22
is Manager Willis stated the Council annually reviews acid acts upon
renewa;s of on and off sale intoxicating licenses which will be
expiring at the end of the month and it Ls recommended that all
current licenses be approved for renewal. Relatinq to this
Issue is a case where the recently adopted .ordIndnce requires
licensees to carry up to $600,000 of general liability Insur-.
once. This amount was selected as this is the amount for which
the state statute holds the City liable. The City Jid not re-
cognize that this would be a problem for the llcens%yes as it
would be an added expense. He believes this IS an Issue which
the Council may wish to address this evening,
Councllmember VdsLLLou stated she questions whether the City
should dictaLe the amount of insurance d business must carry.
Attorney Thomson stated the primary purpose of requLrinq a
liquor licensee to obtain insurance Is to protect the public and
not the City. The stale liquor statute requires liquor lLcen-
sees to maintain a minimum of $50,000/$100,000 of dram shop In-
surance and $100,000/$300,000 of general liability.
Councllmember Sisk stated his concern with forcing this Issue on
the businesses when there doesn't seem to be a qood redsori for
It as there haven't been any suits against the City In the
Past. He asked Public Safety Director Carlqutst if complaints
agdinst. businesses were fully investigated.
Director Carlydi!t answered LhdL they were thoroughly Investlaa-
Led and LaKen seriously even to the use of surveilld^re.
Councllmember VdSI LLou SI a.Uld sho believes It is "biq brother-
Ish" for the Cl.y to Maki this req iLrement.
Attorney Thomsuii stated he ri,N does Its hesL to Lnsurn Its
licenses Dire completely 1w.pfl-ted to Insure the appllcdnt meets
Lhe requirements.
Comci lmember Crain staLed he believes the City, Council, and
staff have taken efforts to do a better ,fob of managtnq risk.
He also believes rh-A Lhpre are some esLabL[shments which are
more vuliterable Lo law sults but. perhaps, the City should re-
turn to $100,000/$300,000.
Dave Seppelt, dCCOunL exeC A lve for First Insurance Twin Cities,
asked for clariflcat1011 !f the new ordinance was requirinq
200,1100/$6001000 of general llahiliLy or dram shop. He under-
stood 'he new limit was for general lldhll!Ly, but it appeared
to him the Coined wds discussion dram shop.
John Muchulas, J. 11. Mulligan's, staLed his insur.+nrel agent told
him thdL there is no InSt.dnce Cf a City heinq sued In d liabll-
LLy insurance Claim In Minnesota, lie sLdLewl hey c•ennut. buy more.
Insurance hec:ause of d pend i nq c l d 1 m dqd 1 nsL him.
L-1011011 L I CFNSf_
RENEWALS
Item 7-R
I
i
a,, ot _ ; ng
ianuary 26, 1987
Page 23
Councilmember Sisk stated he doesn't see why the City should re-
quire any more that the otdLuLe until such time as It can be
proven thst the City may be held liable as the result of a slml-
lar court case in the state. He doesn't hp!'o.,o %he City should
place this burden on a business.
MOTION was made by Counclimcmber Stsk, seconded by Councilmember ORDINANCE No. 87-02
Vasiliou, to adopt ORDINANCE NO, 87-02 RELATING TO THE SALE, AMENDING LIQUOR
CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES amended to read ORDINANCE
as follows: "Dram Shop insurance to meet statute requirements Item 7-8
of $509000;$100,000 dnd General Liability of $100,000/$300,000.
Motion carried on a Roll Call vote, five ayes.
Manager Willis recommended the general liability insurance re-
quiremenLS for taxis should also be reduced to $100,000/
300,000.
Mayor Schneider asked if there were any potential for law sults
against cities which should make Lhe Council more concerned.
Attorney Thomson answered that he was not aware of any.
MOTION was mane by Councilmember Sisk, seconded by Counctlmember ORDINANCE N0. 87-03
Crain, to adopt ORDINANCE N0. 87-03 RELATING TO THE LICENSING OFMSD G TAXI
TAXI CAB OPERATORS AND COMPANIES REVISING SECTION 1146 to read ORDINANCE
1009000/$3009000. Item 7-8
MOTION was made by Councllmember Crain, seconder! by Councilmem-
ber Sisk, to amend to motlon to revise the amount to $350,000
combined single limit.
Discussion followed on the extent of the cab Inspections carried
out by the Public Safety Department and the Cry's responstbil-
lty for lnspectlonn.
k tion t., amend carried, five ayes.
Motion as amended carried on a Roll Call vota., five ayes.
MOTION was made by Mayor Schneider, seconded by Councitmember
Vaslliou directing staff to research the Inspection of taxis and
report back when the Council next discusses risk management.
Motion carried, five ayes.
MOTION was made by Councllmember Sisk, seconded by Counrilmem- RESOLUTION N0. 87-56
btar litur, to adopt RESOLUTION N0. 87-56 APPROVING RENEWAL OFOFF-SAR LIQUOR
OF'F-SALE: INT ;X 1CAT 1NG LIQUOR LICENSES FOR 1987-1988. LICENSE RENEWALS
Ttem 7-H
Motion carried on a Roll Cal! vote, five ayes.
January 26, 1987
Nage 24
40 MOTION was made by Counclimember Sisk, seconded by Councilmember
Litur, to adopt RLSOLUTION NO. 87-57 APPROVING WINE. LICENSE RE-
NEWALS FOR 1987-1988.
Motion carried on a Roll Call vote, five dyes.
MOTION was mede by Councilmember Sisk, seconded by Councilmember
titur, to adopt RESOLUTION NO. 87-58 APPROVING SUNDAY LIQUOR
LICL•NSE RENEWALS FOR 1987-1988.
Motion cdrried on a Roll Cdll vote, five dyes.
MOTION was made by rounc[Lmember
ti to r, to ddopt R1.30LU I ION NO.
SALE INTOXICATING l LICENSE.
Sisk, seconded by Counclimember
87-59 APPROVING RENEWAL OF ON -
RENEWALS FOR 1987-1988.
Motion carried on d Roll Call vote, five dyes.
Mdnager Willis stated LhdL Park Director Blank is requesting
duLhorIZdLion to proceed with the selection of a bu[ldlnq archi-
tect for the purpose of const.ructinq a bath house at Parkers
Lake City lark. He suggested that, because the matrix on con-
sultant ;election does not, cover this, up to five firms 5e soll-
cited for the Council to review.
Ulrectur Blank stated the estimated cost Is between $100,000 and
200,000 because of .h Nc:s[ble expansion to Include d a-Arminq
house for winter sk:.t llig and sklinq. PRAC discussed the matter
and believes they should Get cost estimates from a consultant
before discussion with the Council.
Counclimember Vislltolr stated she cntildn't .support they cnnsLi.uc-
Llon without knowing the cost.
Harb tdwdrds, Chairperson of the P.rk and Recreation Advisory
Commission, st il.erl that PRAC couidn'L deride on what Lo ronslder
because- they aidn't know the rusLs.
Councilmen er VaSIilOu SLdLed she would Like to sec• a needs an-
elys[s ari%I how rmich support there Is from the community. She
pohAed out thaL if the bath house Isn't buil, now, It can still
be briLLL !dLer. She is concerned with puLLiaq all th, money In
one area when other areas sLlll need parks.
Mrs. l.dwdrds !,Lated FRAC ju:ct had c+ neLghborhood meetlnq fer
this park sent one thing brought up was t.hr• need far w[Wer actl-
vitles for which there Is no factitty In Parkers lake.
MOTION was made by Counr I lmember 1 L Lur, seconded by i oui.e t lmem-
her Sisk, Lu adopt RtSOI_Ur[UN NO. 87-60 ALITHUNIIING THF 0114 TOR
OF PARKS AND Ki CKE AT ION TO PROMI) U WITH THE SF I.FCT IOM OF A
BUILDING AHCHI TF CT F014 PARKS RS LA!(i PARK.
MnLLon cdrrLead ori d Roll Cali vote, five ayes.
RESOLUTION N0, 87-57
WINWIRF LICERE
RENEWALS
Item 7-B
RESOLUTION N0. 87-56
Y SACES
LICENSE RENEWALS
Item 7-B
RESOLUTION N0, 87-59
L_
LICENSE RFNFWALS
Item 7-B
PARKFRS 1-AKE
I' em 7-C
PHASF i I
RESOLUTION NO. 87-60
FIFI C OF' ARMI ECT
PARKERS LAKE RATH HOUSI
Item 7•C
0
bpeclal louncil Meeting
January 26, 1987
Page 25
Director Blank explained that there ace standards for nelghbor-
hood parks, community playfields, etc. These were to give d
resident, PRAC, and consultants a general idea of what types of
components would be Included In the various types of park. He
identified the items which are recommended for addition to the
standards.
Councilmember VdsilloU stated her concern with the Inclusion of
play apparatus in the neighborhood park when requirinq this may
be a problem because of proximity to houses.
Director blank poinLed out Lhat a
Lractive Item in a neighborhood,
equipment Ir 4 park, and it is one
hdve stdLed Lhey w.jnL in a park,
neighborhood park is tl:e at-
pldy apparatus is the m.1 nimum
of the top items which people
Courrcllmembe,r Vasillou stdtert some considerdLion mci%L he (11ven
to existing enviroament. She: wanLs Input from the commeernlLy
when parks are pl-finned.
Councllmember Crain staled his concern thdL parklnq was not
addressed within a park. He knows thaL this I: the first th int•!
residents say they don't want, blit. he would IIke each plan to
provider for poLent,Ldl fuLurc pdrkinq If ne-nde'd.
Director Nldrrk stdLed parkinq was discussed .fired Is part of all
park plans but only [nsLalLed if and when neceSsary.
MOTION was made by Coune i !member Cr r i n, spoonde a i,y t oune I lmem-
ber ZiLur, to ddopL RLSOLUTION NO, 87-61 APPROVING C0MPREHFNS1VF
PARK PLAN LANGUAGE CHANGES with the addition of the followtnq:
Provislon for parking either when the park Is ^onsLrtrcted, if
necessary, or fuLurr parkinq If provon necessary In the futtire,
limited pdrkin(l only, primarlly for h.endiCdpped."
MoL ion carr led on it Rol l Cal l vote, f I .,. dyes.
Cotuic i !member %d51 11OU st dLed she believes this is it vary expen-
s ivP.
Director Nl aiik sldLed Lhdt., heNrdeise• of Liming, Lhe Ci t.y only
dealt with sites they hdd tit le to. Now the CounrI I is heinrt
dsker(; to disetess the poLenlldl of Plymouth Creek Perk. He fere is
very sLrongiy LhdL the Cil look .et the 4-1 dnd A-? sites before
Lhe !dnd is developed. The v-1 site would give it better sun tax—
posure. drid d i reel ar.cess La t'. R. 9. [lie A-? site Is directly
across the WPMPM from t ;r:z proposed seri I or e t t i ren f dr. i l i t y
which co rld he d bonus. He believes it. Is worth the money Ln
yet. the Issue of site se lent. lore heh i nd them to runt t ntie with
proper pldnn=ng of Lhe p.lrk.
LANGUAGE CHANGES
COMPREHENSIVE PARK PLAN
Item 7-D
RESOLUTION N0, 87-61
LARGUAGF . .
COMPRI HI NSIVE_ PARK PIAN
Item 7-1)
PLYMl,i1TH CREEK PARK
PLAN CONTRACT
Item ' 4
9anuary 26, 1987
Page 26
MOTION was made by Councllmember Zitur, seconded by Councilmem-
ber, to adopt RESOLUTION NO. 87- APPROVING THE CONTRACT WITH
RRAUf-R AND ASSOCIATES FOR MASTER PLANNING OF PLYMOUTH CREFK
PARK.
Councilmewnber Zitur stated he believes a community center will
be a reality in the future and, for the extra money, the best
bucatlon must be found.
Director Blank pointed out that
Plan to where it should be and
the Council choices of sites.
8,000 would update the Master
the additional $2,100 will give
Mayor Schneider stated he doesn't believe It Is necessary to up-
grade the Master Plan to the cost of $3,000 and suggested send -
Ing Director Blank back to the consultant to tell them the Coun-
cil wants the contrdCL renegottat.ed bec.wse they believe the
cost is too high.
Discussion followed on the cost of the project. drtid which items
the Council believed were out of line.
SUBSTITUTE MOTION was made by Mayor-hnelder, seconded by Cclm-
cilmember Sisk, that Director Blank renegntidtt• a rontrar.L and/
or have tha consultant present at d CourW L 1 meet Lnq to justify
these costs.
Motion e.a, ried, four ayes. Councilmemher lLur voted nay.
MOTION wits made by CountI Imember Crain, seconded by Counri lmem-
ber lstur, thdL renegotidtion shall Include costs of options A-1
dnd A-; as the base hid price.
Councl lmembt r -%rdln polnted out. that, Pitch of sites I dst. and We s
have major driothdrks anti dlternatives should be looked at.
Mot 1011 carried, five .eyes.
RLPUHTS OF ':FF 1CLHS, BOARDS AND COMMISSIONS
Mdnager *I III i sLdt.ed LhaL this is d generous station pl.in which
would be ver) Jde!gerdte for the community. The basement area a11d
storage area d0 not hdve to he Included, but. they would he nlre
to have.
Director CarlqulsL stated they likes Lo Lrdin the fireftght.erg dt
the StdLLon they will be workinq al .ind dl k e4red IS needel for
this. The Station III Lrainlnq room would he open Lo the puhllr
for meetings as WCIL.
Councllmember Sisk stated he doesn't. ser LhaL the rail Inrredien
for finlshinq the basement would be nut of line wtt.h Llic henefit
to the drparLment . He sees Biu way to the futu a were it 501e 1 y
volunteer fire dCpdrtmr.nl would be able to serve the nerds of
the City diid it Lime will come when It. will he 11rressdry to pro-
vide Lhese fdrlllLies.
COST /SPACE- I- ST IMA f F S
1 IRI STATION III
Ttem R -A
V
January 26, 1987
Page 27
Manager Willis stated the plans do not contemplate any Chdilge in
the composition of the fire department. f, at some future
date, full time firefighters were required, he would expect that
they would be put on shifts and would not be sleeping during the
duty period.
MOTION was made by Councilmember Sisk, seconded by Councilmember
h tur, to receive the report and endorse the concept of cost/
space estimates and direct the City Manager to proceed with the
tin,,etable toward a referendum.
Motion carried, five ayes.
Councilmember Sisk asked about the water air conditioning system
of the proposed water treatment plant.
Director Moore stated th.it, If i h `. s Is used, the water will go
back to the well avid be reused.
D'rector Tremere stated no action was needed and a copy of the
report wan sent to the Planning Commission,
Mayor Schneld.:r suggested the Council discuss this with the
Planning Commission at the joint m4geting on February 9.
The Council concurred and asked that plans for the risk manage-
ment program proceed as suggested.
Councilmember Vasillou ..• at.ed she doesn't agree that the only
problem is paper noise. There is a hearing problem in the room
and was even there with the old microphones. Her concern is
that, if this wasi•'t part of the orIVInal installation, the City
mLwied the ball. there Is feedback and butting, the volume is
too low. She urged the City to onsult with the cable company
on compatible equipment as well . others who may have sugges-
tions and she cannot accept the report.
Councilmember Zitur stated he has had problems hearing at vari-
ous meetings when he sat to the back of the room.
Councilmember Vasiliou recommended that a meetinq be held with
cable representatives, Paul Steigerwald, staff, and the supplier
to determine overall boaluation.
Mayor Schneider suggested a CTC staff
expert be included and the task force
over cable TV; 2) audio levels in
peopl.e speakl114 at the podium cannot t
person who is a technical
address: 1) audlo levels
Council Chambers; and 3)
e heard by the audie^:.r..
Director Moore staled he would use the video tape of this Coun-
cil meeting as Lhe benchmark to evaluate the effectivenuss of
the sound being broadcast to the residents.
PROJECT STATUS REPORT
Item 8-B
S IDEYAfD Sr TRACK
REQUIREMENTS
Item 8-C
STATUS OF RISK
MANACEMFNT PROGRAM
Item 8-D
COUNCIL CHAMBER SOUND
SYSTf M
Item 8-E
Jarwary 26, 1987
Page 28
The Council reviewed and accepted the Insurance claims report.
Councilmember Crain stated he received his list to prlorttire
and will not make any changes. Councllmember Vasttiou stated
she wjc, d havt: hers back by Saturday.
Director Cariquist showed the 1986 Police Department crime re-
port and explained why some of the categories had increasea.
ReporLed activltiPs Increased approximately 16-% in 1986 over
1065.
Mayor Schneider stdted he would like th-b Council to he notified
if special assessment appeals settlements as soon as possible
afLer agreements are reached.
OTHER BUSINLSS
The Council discussed some additional wordl.nq to he lncludrd on
commission/conmi tree applications which would Inform the appl i -
cant Lhat the Council may apply some criteria to the selection
which would eiimindLe the need to interview each apolicant.
The meeting wa:c adjourned at 11:45 p.m.
0
Clerk
INSURANCE
Item 8-F
CLAIMS REPORT
PRIORITIZING
SERV ICES
Item 8-C
OF POL [CF'
PENDING LITIGATION
STATUS REPORT
Item R -N