Loading...
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