HomeMy WebLinkAbout1986/11/17 - ADMIN - Minutes - City Council - RegularUN0r`~ VM
I. Call to Order
2. Presentations
11INUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 17, 1986
The meeting was called to order
by Mayor Lyle Hanks at 7:33 p.m.
Mayor Hanks read a proclamation
setting the week of November 17,
1986 as Mayors' War on Drugs.
The City Manager displayed an award presented to the City at the Parks
and Recreation National Conference. The plaque was presented by the National
Recreation Therapeutic Association in recognition of the City's hosting
three out of the last five beep baseball tournaments in the City which are spon-
sored by the Braille Sports Foundation.
3. Roll Call
The following Council members were
present at roll call:
Ronald Backes Larry Mitchell
Allen Friedman David Strand
Keith Meland Lyle Hanks
Also present were the City Manager, City Attorney, Director of Planning,
Director of Public Works.
4. Approval of Minutes It was moved by Councilman Backes,
seconded by Councilman Strand,
to approve the minutes of the adminis-
trative hearing held November 3, 1986.
The motion passed 5-0-1 (Councilman Friedman abstained).
It was moved by Councilman Strand, seconded by Councilman Mitchell to approve
the minutes of the November 3, 1986 City Council meeting with the following
corrections: pg. 241, second paragraph from bottom, remove the first line.
On pg. 249, insert "some of the" in front of "names of judges"; change "four"
to "other"; and strike the words "three" (Councilman Strand). On pg. 243,
second to last paragraph of item 8j, should read "...the wall which is located
above the roof pg. 250, last paragraph the firsttkree lines should read:
'Councilman Friedman said he had talked to several judges who knew the firms.
The judges were long-time judges and one was a law and order judge. One
stated that the present prosecutor sometimes comes unprepared, that at those
times there is a problem with the credibility of the police"; pg. 252, second
line, "will" should be "could" (Councilman Friedman). On pg. 250, 5th paragraph
should read: "Councilman Strand commented the quality of legal services
is difficult to evaluate. His major concern is matters of competence and
representation. Regarding the contact made with Councilman Duffy's office,
the minutes should reflect that no one connected with theColich gaWeland
firm made that contact (Councilman Strand). On pg. paragraph Ph
from
the bottom, Councilman Backes did not think that was exactly what Councilman
Duffy had said. He felt it should be positive rather than negative. Councilman
14eland felt that since the comment was not germane to the question, it
could probably be deleted.
City Council meeting minutes
November 17, 1986
The motion to approve the minutes as amended passed 6-0.
It was moved by Councilman Mitchell, seconded by Councilman Strand, to
approve the minutes of the study session of November 10, 1986 with the
following amendment: paragraph 3, "...of the dual use of property for parking
and billboard use."
The motion passed 5-0-1.
5. Approval of agenda It was moved by Councilman Strand,
seconded by Councilman Backes,
to approve the consent agenda
for November 17, 1986. The motion passed 6-0.
It was moved by Councilman Strand, seconded by Councilman Mitchell, to
approve the agenda for November 17, 1986 with the following additions:
executive session and llb. Recording of Council meetings.
The motion passed 6-0.
6a. 1650-70 Brunswick
Resolution86-192
PUBLIC HEARINGS
Special permit amendment: 1650-1670
Brunswick Ave.
There being no one wishing to speak, the Mayor declared the hearing closed
with the right of Council to thereafter reopen and continue it at a future
date.
It was moved by Councilman Strand, seconded by Councilman Meland, to waive
reading and adopt Resolution 86-192 entitled "A resolution rescinding
Resolution No. 86-72 adopted on June 2, 1986 and Resolution No. 85-92 adopted
on July 1, 1985 granting special permit under Section 14-116(5) and 14-131(1)
of the St. Louis Park Ordinance Code relating to zoning to allow the construct-
ion of cluster housing on property located in the R-2 single family residence
district at 1650-1670 Brunswick Ave."
The motion passed 6-0.
6b. Variance: 2732 Monterey Ave. Variance in rear yard setback: 2732 Mon -
Resolution 86-193 terey Ave.
Rick Berland said he and his wife wished to express their agreement with what
the applicant was requesting.
There being no one further wishing to speak, the Mayor declared the hearing
closed with the right of Council to reopen and continue it at a future date.
It was moved by Councilman Friedman, seconded by Councilman Mitchell, to waive
reading and adopt Resolution 86-193 entitled "A resolution granting variance in
rear yard setback from Section 14-128(5) of the Ordinance Code relating to zoning
to permit the enclosure of an open deck resulting in a rear yard setback of 13
feet instead of the required 25 feet in the R-1 single family residence district
at 2732 Monterey Ave. So."
The motion passed 6-0.
-254-
City Council meeting minutes
November 17. 1986
6c. Tar et easements
eso utton 86-194
Vacation of Target easements
The City Attorney said that before Council was a resolution setting forth the
Council's desire to consider approval of two actions: (1) an interim access
agreement authorizing continued construction of the store over and on City ease-
ments pending final vacation of the easements and (2) the escrow agreement cal-
ling for Target's placement of S22,800 in escrow. Also, before Council is an
ordinance vacating the easements, first reading of which would be held this
evening, second reading and final passage slated for Dec. 15, 1986.
Councilman Friedman asked if written approval had been secured from affected
utility companies. The City Attorney said NSP and Northwestern Bell had no
objection and Minnegasco was yet to be heard from. The City Manager said that
afternoon staff did hear from: Minnegasco which had no objection, and they
would be sending a letter to that effect.
Councilman Friedman asked what would happen if for some unforeseen reason, the
resolution was not passed and Target proceeded to build over the easements.
The City Attorney said it was his understanding some construction has already
commenced. He said a clause in the interim access agreement conditions
the City's obligation to take all necessary final steps for adoption subject to
matters which might be brought to the City's attention on Dec. 15. In the event
the City were not to adopt the resolution, he felt the City would be in a position
of trying to determine whether they should stop construction and what likely sanc-
tions from a court might be. In essence, he felt the resolution was a resolution
of a potential dispute in return for payment of money.
Councilman Strand was concerned that there might remain outstanding issues on
documentation and he wondered if it might not be appropriate to strike the
words "and execution of documents confirming extinguishment of the easement."
The City Attorney concurred that that phrase could be struck.
Tom Bonneville spoke to say he was turning over to the City a check for $22,800
and fully executed interim access agreement and escrow agreement. He also had
a quit claim deed. The resolution as amended by the City Attorney was acceptable
to Target. They were requesting that construction commence the next day.
There being no one further wishing to speak, the Mayor declared the hearing closed
with the right of of Council to thereafter reopen and continue at a future date.
It was moved by Councilman Friedman; seconded by Councilman Backes, to waive first
reading of the ordinance, set second reading for Dec. 15, 1986 and authorize summary
publication.
The motion passed 6-0.
It was moved by Councilman Meland, seconded by Councilman Friedman, to waive reading
and adopt resolution 86-194 entitled "A resolution granting temporary access to City
easements for construction pending final enactment of easement vacation" as amended.
The motion passed 6-0.
6d. Waterrein: Shelard Park Improvement hearing for watermain improvement
eso ution 56-19
-255-
C4OW*1_.
City Council meeting minutes
November 17, 1986
There being no one wishing to speak, the Mayor declared the hearing closed with the
right of Council to thereafter reopen and continue it at a future date.
It was moved by Councilman Strand, seconded by Councilman Meland, to waive reading
and adopt Resolution 86-195 entitled "Resolution ordering improvement and auth-
orizing the Minnesota Department of Transportation to prepare plans and Specifi-
cations and receive bids on behalf of the City for Improvement No. 84-09A, water -
main extension."
Councilman Backes raised the question of a possible conflict of interest in his
voting on this issue. It was determined by the Council that there was no conflict
of interest.
The motion passed 6-0.
PETITIONS, REQUESTS, COMMUNICATIONS
and
7a. Mar -Len Development Corp Jerry Pelletier addressed the Council/ex-
plained that Mar -Len Development had been
approached to construct a wholesale grocery store on Excelsior Blvd. and Meadow -
brook Lane. He said that although the parcel is zoned I-1, under the Comprehensive
Plan the portion on the easterly end is zoned multi -family. He said he was seeking
an amendment to the Comprehensive Plan to allow the property to be developed.
Councilman Mitchell said he would oppose this proposal. He didn't think such a
project would serve the area. He could see no rationale for sending it on to the
Planning Commission for further study.
Councilman Backes asked what modifications to the Comprehensive Plan would be
required.
The Director of Planning responded by showing an overhead. In response to a question
from Councilman Backes, he said approximately 25-3510 or 1/3 is multi -family zoned.
Councilman Backes asked if there had been any proposal for multi -family development
in the past 5-7 years. The Director said that this property had been the subject
of much discussion over the past years with approximately 15 to 20 inquiries made.
However, on all occasions the owner of the property was not interested in selling.
Councilman Backes asked if the Director could recall the rationale for the division
into industrial and residential. The Director said the primary considerationswere
that there exists industrial type development on Meadowbrook Road, the quality of
the terrain, soil conditions that would be conducive for residential development.
In order to to provide stable population and meet broad development objectives, this
was thought as a logical place to extend some additional multi -family development.
Councilman Friedman was interested if some of the past inquiries had been from dev-
elopers wanting to put in residential units, and the Director said about half of
those inquiring did.
There was no motion.
RESOLUTIONS AND ORDINANCES
8a. Funeral leave
Ordinance No. 1701-86 Second reading of an ordinance re funeral leave
City council meeting minutes
November 17, 1986
It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading
and adopt Ordinance No. 1701-86 entitled "An ordinance amending the St. Louis Park
Ordinance Code Chapter 3, Personnel-, Section 3-609, related to funeral leave."
The motion passed 6-0.
8b. Property: Hwy. 7/Ottawa Ave. Second reading of an ordinance re no public
Ordinance No.7070 8 need for property at Hwy. 7/Ottawa Ave.
It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive second
reading and adopt Ordinance No. 1702-86 entitled "An ordinance authorizing sale by
the City of property at the southeast corner of Highway 7 and Ottawa Ave."
The motion passed 6-0.
8c. Amendment to permit fees Second reading of an ordinance re amend -
Ordinance rio. 703-36 ment to permit fee schedule
It was moved by Councilman tieland, seconded by Councilman Strand, to waive second
reading and adopt Ordinance No. 1703-86 entitled "An ordinance relating to the
filing of copies of the state bond and insurance by water softener installers, adopting
new fee schedules for building construction, plumbing, mechanical and electrical;
deleting fee schedules for building construction, plumbing, mechanical and electrical;
adding requirements relating to expiration of permits and contract price and renum-
bering certain existing sections."
The motion passed 6-0.
8d. Water/sewer/refuse rates
First reading of an ordinance re water/
sewer/refust rate adjustments.
It was moved by Councilman Mitchell, seconded by Councilman Meland, to waive first
reading, set second reading -for December 1 and authorize summary publication.
Mayor Hanks said there was a very small increase of 4% proposed in the water rates,
with refuse and sewer rates to remain the same.
Councilman Friedman asked about the 52% set aside for watermain replacement. The
City Manager said that amount has been put aside yearly. Councilman Friedman re-
ferred to the South Oak pond project, asking if this came out of the same fund.
The City Manager said this comes out of a separate fund.
The City Manager further explained the figures shown in the fund balances.
Councilman Friedman asked why residents who are paying sewer rates are involved in
a watershed program, South Oak Pond, where there is industrial development.
The City Manager said that whenever the City puts in any storm sewer projects, the
City portion has been funded out of the sewer utility fund. The other option would
be some sort of separate utility tax or a mill levy for storm sewer improvements.
The City has never done that and that's why the sewer utility fund is used as the
City's share.
Councilman Friedman did not see the equity in this as it relates to development of
industrial areas or watershed areas. He felt the homeowners were actually paying a
Percentage of such projects.
9 R 7
City Council meeting minutes
November 17, 1986
Mayor Hanks said there is a cap that all homeowners pay and that industrial users
contribute to this fund as well.
Councilman Strand felt that since most of the improvement is paid by assessment,
there will be some general spreading of what might otherwise be concentrated in
a single area. Supposedly over the long haul, some areas that might not be directly
benefitting now, may be benefitting at some other point in time.
Councilman Strand asked sewer main replacement was built into the rates as is the
watermain replacement. The City Manager said it was.
Councilman Meland said in the South Oak pond project, most of the runoff is generated
by residences and there was a substantial grade separation between that and the
industrial area below.
Councilman Friedman said he would like the policy -,to be made as equitable as
possible.
The motion passed 6-0.
Be. Roger's Petroleum
Amendment to sign ordinance
Jeff Ilstrup, representing Roger's addressed Council. He said Roger's SErvice
Center would be putting curb bumpers on the east side of the service center lot.
He said all the hedges behind the service center that have died will be replaced.
He said all landscaping will -be brought up to 1984 site specifications. Relative
to the trash container, he said they would be willing to enclose the dumpster
either by brick wall or screen.
Councilman Friedman felt it would be sufficient to enclose the dumpster with a
high enough fence so it is not visible.
Councilman Mitchej/how the distinction would be made between enclosing the
trash area, having it be inside, etc. The City Manager said the distinction rests
with the fact it is a service station. and by ordinance it is supposed to be en-
closed within a building.
Councilman Friedman felt the simplest thing to do to keep it from public view,
with which the applicant concurrec,was a high enough fence in keeping with the
building.
It was moved by Councilman Friedman, seconded by Councilman Meland, to waive reading 'y
and adopt Resolution No. 86-196 entitled "A resolution rescinding Resolution 84-61
adopted on May 7, 1984 rescinding Resolution No. 7104 adopted on April 5, 1982 and
granting special permit under Section 14-156(15) of the St. Louis Park Ordinance Code ;.
relating to zoning to allow the continuation of a motor fuel station, retail store and
providing for a non self-service automotive service center at 5430 Minnetonka Blvd."
changing item 5 to read "all trash be stored within an enclosure in the present
location conforming to the existing building."
Councilman Backes suggested adding item 13d which would make reference to modifica-
tion of paragraph 5 so that #5 never gets removed. Councilman Friedman incorporated
that into his motion, with which Councilman Meland agreed.
Councilman Strand asked the applicant why they can't have two separate trash viand
one in each building. Mr. Ilstru said a watermain broke a number of years a9
City Council meeting minutes
November 17, 1986
caused the building to sink 1811, and the building cracked in half. After jacking up,
there was a repair to the doorway which now prohibits moving of the dumpster in and
out. Also, health reasons dictate the dumpster not be stored in the back room.
Councilman Strand asked what the ability to enforce non-compliance with the special
permit was. The City Attorney assumed there would be several options, one having to
do with potential revocation if failure to comply was ongoing. He said he would
really have to do further research to be more definitive.
Councilman Strand asked the applicant if they had ever sought an amendment to the special
permit to remove conditions they were not able to comply with. He said he was unwilling
to assist the applicant outside of dealing completely within the ordinance because of
three items in the special permit with which they have not complied. He felt their
location as one of the first businesses seen by people entering the City was not up
to standards because of unfulfilled requirements of the special permit.
Mayor asked about a deadline for impletation of the conditions. The City Attorney elab-
orated further on his response to Councilman Strand re procedures when one is in viola-
tion of special permit conditions. He responded it was appropriate to specify a date
by which compliance would be required.
Mr. Ilstrup said they would start on landscaping as soon as the weather allows next
spring. The bumper construction would be begun next week, and they will commence
construction of the dumpster enclosure within the month.
Councilman Friedman suggested a completion date of July 1, 1987 which was acceptable
to Mr. Ilstrup with the enclosure completion within 60 days.
Councilman Mitchell was concerned that when, the dumpster was full and junk was piled
on top, would that material then be visible. Would it have a roof or would it not
have a roof.
Councilman Friedman understood the condition to mean the enclosure was fully enclosed
with nothing visible from any point unless one would want to climb a ladder and look
down onto the dumpster. If the applicant piled on top of a full dumpster which refuse
then became visible, they would be in violation.
Councilman Backes felt the design could be left up to staff.
remove
Councilman Mitchell amended the motion to / lilac bushes from that condition and just
specify hedge - something that would live.
Mayor Hanks asked if the enclosure was not because -of the flammable nature of the
materials dumped in these dumpsters. The Director of Planning said the existing
ordinance does state that these areas shall be protected by an automatic fire
suppression device, and this is the standard any service station has to comform to.
Councilman Friedman amended the motion to state a completely enclosed structure and
to insert "appropriate bushes to withstand winter k
The motion passed 5-1 (Councilman Strand opposed).
-259-
City Council minutes
November 17, 1986
8f. I-394 frontage road
Resolution 86-197
Agreement with MnDOT re street lighting:
I-394 frontage road
It was moved by Councilman Meland, seconded by Councilman Strand, to waive reading
and adopt Resolution 86-197 entitled "Resolution authorizing execution of street
lighting, Agreement No. 2028 between Minnesota Department of Transportation and
the City of St. Louis Park."
The motion passed 5-0-1 (Councilman Backes abstained).
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Proposed bond sale Proposed bond sale, employment of fiscal
consultant, attorneys and bond rating
Councilman Strand asked for a rough breakdown on the $1,686,000 figure, what was
included in it.
The City Manager said so far $400,000 has been spent for purchase of property, and
approximately $4-500,000 is anticipated; the rest would be for improvement of the
frontage road, street lighting improvements, utilities, storm sewer, curb and
gutter.
It was moved by Councilman Meland, seconded by Councilman Backes, to authorize staff
to continue the process for a February 1987 bond sale.
The motion passed 6-0.
9b. PER: South Oak Pond expansion Preliminary engineering report
It was moved by Councilman Meland, seconded by Councilman Strand, to set a public
hearing for January 5, 1987 and direct staff to hold a neighborhood meeting.
Councilman Strand commended staff on what he considered a very difficult task and
putting it all together in a way that will probably be equitable to all affected
residents.
The motion passed 6-0.
9c. Consultant: South Oak Pond Consultant services: Expansion of
South Oak Pond
It was moved by Councilman Meland, seconded by Councilman Backes, to authorize ex-
ecution of a contract with Orr-Schelen-Mayeron & Assoc. not to exceed $30,000 and
STS not to exceed $3,000 for consulting services.
Councilman Strand said although he would support this, in general he cautioned
against staff seeking only one contractor to bid on a project. He did understand the
reasons in this case and that it was justified, but he was uncomfortable.
The motion passed 6-0.
9d. 1980 single family revenue bonds It was moved by Councilman Mitchell,
seconded by Councilman Strand, to
authorize staff to enter into an agreement with Dain Bosworth and Miller & Schroeder
to further investigate restructuring the 1980 bonds.
-260-
T
City Council minutes
Kovember 17, 1986
Councilman Mitchell complimented staff on an opportunity that could have been over-
looked which may generate some funds and turn some other properties around.
The motion passed 6-0.
Councilman Strand said that while staff moves through this process, he hoped they also
krould review and suggest some means of utilizing the funds in an appropriate manner.
9e. Neighborhood meeting: I-394
The report was ordered filed by consent.
9f. Consultant selection: Webster/26th
drainage plan
by Sandoz Nutrition.
Addition to the minutes of the neigh-
borhood meeting re I-394/Hwy. 100
Councilman Strand asked why the City
would be in a position to pay for this
since it is a project being initiated
The City Manager responded it was his understanding Sandoz has already expended sub-
stantial funds to bring it to this point. What is needed now is for someone to take
it to finalization -and make it a City project because it involves more than just
Sandoz property.
Councilman Friedman asked why the City did not go to bid on this project, rather than
r • just taking a consultant who has worked for Sandoz.
The City Manager said if another consultant were selected, the costs would be greater
because Westwood has done all the preliminary research. He said this firm has done
work for the City, that staff is very comfortable with the firm and if selected, they
would now be working for the City, not Sandoz.
Councilman Friedman was not as concerned with staff being comfortable with this firm
as how Council awards bids. He felt Council was subject to scrutiny if others are not
allowed to participate in an open bidding.
Councilman Mitchell asked if this were a biddableitem, i.e. write up a spec and bid
on it.
The City Manager said on a project such as this, the only thing staff could do would
be to draw up a request for proposal. In this event, the City would run the risk of
getting what you pay for and also might be a very good product. He said staff looks
at an estimate of hours it takes to do such a project, you look at an hourly rate,
the experience and knowledge of the firm. He said if Council wished, staff could
Provide such a proposal. He said a very different procedure was undertaken in a
project of this type as opposed to bidding on a street project, a piece of equipment
or salt.
Councilman Friedman said that given the opportunity, this Council was intelligent
(t. enough to make a sound decision. He said he would be more comfortable if a request
for proposal would be brought before Council.
Councilman Mitchell, quoting from the report, felt there were areas that were measure-
able- He viewed it as a biddable item.
ar It was moved by Councilman Friedman, seconded by Councilman Strand, that the project
be bid out and returned to Council. PP��
�f f 1 "
City Council meeting minutes
'
November 17, 1986
Mayor Hanks asked that by Charter, the City bids items of what
size. The City Manager
responded $10,000. But he believed professional services were
negotiable items. The
City Attorney said there is no statutory requirement to bid professional
services and
contracts.
In response to a request from Councilman Strand on procedures
for going out to bid,
the City Manager said size of projects is not the determinant,
it becomes a question
,
of knowing the firms that are familiar with a particular type
of project and the
comfort level staff has with those firms. He said that usually
what staff does is
draw up a request for proposal, contact firms and get an idea
of how they propose
to accomplish the project. Factored in are the number of hours
they envision, what
staff people will be assigned, etc. If there is a project that
staff knows a par-
ticular firm has knowledge of because of past experience, they
generally will not
shop around very much. He did not think this was unusual. In the
case of the South
Oak Pond project, the consultant did the original preliminary
engineering design,
is very familiar with the project. To ask someone to start all
over is probably
going to cost more money and that is not a value judgement on
whether the City
would get a better or worse job.
Councilman Backes said he would oppose the motion as Council relies on the professional
City staff to evaluate and make determinations on these types of projects. He felt
for staff to go back and get other bids and create another staff report and recom-
mendation was beyond what Council was there to do.
Councilman Mitchell felt it did not hurt to go out and test the marketplace from time
to time instead of just falling back on firms one is comfortable with. ~
Councilman Friedman pointed out that the former City Public Works Director was a mem-
ber of Westwood and to be above reproach, it would be well to get other quotes and
he wanted to remove all doubts.
Mayor Hanks wondered how much additional staff time was going to be involved in this
process of going out for proposals.
Co•incilman Strand wanted to make sure Council understood his position. His inclina-
tion was not to impinge on staff's ability to find the best possible people for these
types of jobs, but he would want to know each time what the review process was and
how a decision was arrived at.
Councilman Meland recalled that Council had gone through a very similar discussion
some nine -years ago. It was his feeling that the best way to handle this is to have
the Council conduct interviews with each consultant candidate as was done nine years
ago. If Council can not rely on City professional staff to make these types of judg-
ments, it had better rely on its own judgment.
It was moved by Councilman Mitchell, seconded by Councilman Friedman to call the
question. The motion passed 6-0.
The motion by Councilman Friedman, seconded by Councilman Strand, failed on a 3-3
vote (Councilmen Friedman, Mitchell, Strand in favor; Councilmen Backes, Meland,
Mayor Hanks opposed).
It was moved by Councilman Backes, seconded by Councilman Meland, to authorize
execution of an agreement with Westwood Planning/Engineering in the amount of $14,302.
The motion passed 5-1 (Councilman Friedman opposed)
City Council meeting
November 17, 1986
9g. W. 26th St. Ralei h/Toledo
eso ution 86- 9
Minutes of neighborhood meeting re W. 26th
St. (Raleigh/Toledo)
It was moved by Councilman Fri edman,-seconded by Councilman Mitchell, to waive reading
and adopt Resolution 86-198 entitled "Resolution requesting the elimination of parking
restrictions alonq the south side of W. 26th St. between Raleigh Ave. and Toledo Ave."
The motion passed 6-0.
9h. Board of Zoning Appeals minutes
9i. Planningommission minutes
9j. October financial report
The minutes were ordered filed by consent.
UNFINISHED BUSINESS
10a. Boards and Commissions It was moved by Councilman Meiand, sec-
conded by Councilman Friedman, to accept
Ruth Ann Licht's resignation from the Planninq Commission and have an appropriate
letter of appreciation sent to her. The motion passed 6-0.
Councilman Friedman asked how appointments were made to the various boards and
commissions, were members just automatically reappointed.
Mayor Hanks said that traditionally in most cases people not removed for lack of
attendance are generally reappointed if they so desire.
Councilman Friedman said he didn't want to lose good people who are serving, nor
did he want to lose good people who might want to be appointed but the opportunity
never arises.
It was moved by Councilman Strand, seconded by Councilman Backes, to reappoint Marty
Elstrom and Sharon Larson to the Cable TV ADvisory Commission; James McDonough to
the Human Rights Commission; and Stan Barton and Marilyn Hoeft to the Planning Com-
mission. The motion passed 5-0.
Mayor alluded to the letter before Council relative to the many openings on state
agencies inviting members to apply.
10b. Homes on Louisiana Ave.
Marketing of homes
Councilman Friedman wondered if auction of these homes -would be of interest to the City.
Also, how does the City make sure they are owner -occupied. It was of concern to him,
other members of Council and residents of the City that single-family residential areas
of the City were not being made into multi -family areas. Finally, who makes the final
selection of whoever gets this if Council chooses to go this route.
The City Manager said the auction option had not been considered, but perhaps staff
should look into it. In terms of assuring owner occupancy, staff had talked about put-
ting this as a condition of title, but he did not know if this was discriminatory.
It surely could be made a term of the purchase agreement. Relative to who would make
the selection, the City Manager, City Assessor and one or two others would sit as an
interview panel and make the selection.
Councilman Mitchell felt the auction might be a good way to go. He felt rather than
Council set the criteria, auction or not, hovr to advertise, etc., through the Board
263-
City Council minutes
November 11, 1986
of Realtors, one can identify the list of selling and listing agents who are the high
producers. He would suggest that 5-10 realtors with a proven track record be approached,
describe to them the situation in terms of the properties and ask them to submit a
proposal to the City on how they would approach, market , etc. these properties and
then bring it back to Council. He felt it was important to have someone with knowledge t
about turning around an area, not selling one house. r
Mayor Hanks was concerned about some agent coming along saying he'd never heard about
this and would have liked a chance to participate.
Councilman Mitchell felt no obligation to apprise every one of it. He said this was
a profession, just like engineering. Staff doesn't ask everyone if they want to submit
a proposal.
It was moved by Councilman Mitchell, seconded to Councilman Friedman, that staff
proceed with request for proposal and return to Council.
The motion passed 6-0.
NEW BUSINESS
Ila. 1987 towing contract The City Manager recommended to Council
to reject all bids, redo the specifica-
Council.
tions, rebid the contract and return to
The recommendation of the City Manager was so moved by Councilman Friedman, seconded
by Councilman Meland.
Councilman Mitchell asked if the same bidding criteria was used last year. The City
Manager said it was, but apparently then was not a problem. He said the problem seemed
to be that a number of the categories of tows - 2, 3, 5 - are not used much any more
because of the kinds of equipment being used. 99+h of the tows today are either 1 or
4, daytime or nighttime.
Councilman Mitchell alluded to the letter from Dick's Towing and asked for clarifica-
tion. The City Manager responded that the present operator, Graham Towing, ran into
some financial problems and rather suddenly had to discontinue service. The City
approached Dick's Towing for temporary service and they did an outstanding job.
Graham's Towing was taken over by a different operator, demonstrated the financial
ability to provide service, at which point the City returned to Graham. Dick's Towing
did understand provision of his service was temporary.
Dick Hughes, Dick's Towing, addressed the Council. He justified the tows he bid on
and the charges.
Councilman Friedman was concerned about the hours people are able to retrieve their
cars and that some cars would have no charge and others would. He said that any
citizen believes the City is towing his car, not an independent towing service.
Mr. Hughes said he bid the way it has been done for the past several years. He did not
think it fair to throw the bids out and start over now.
Councilman Friedman said this process does not entail any City expenditure of funds.
Councilman Backes agreed with Mr. Hughes that do rebid the contract, everyone now knows
what was bid. What was bid was what was bid. He had a real problem with a rebidding.
City Council meeting minutes
November 17, 1986
Councilman Strand felt it would be unfair to Mr. Hughes to reopen this to bidding.
Councilman Friedman asked if Council was supposed to award the lowest bid.
The City Manager said that in the past Council has accepted the lowest weighted total.
John Miller, attorney, said a bidder had to bid something in each category. He felt
that in the present instance, what had occurred was unbalanced bidding and that often
this type of bid is rejected. He said his client has towed City vehicles and that
Mr. Hughes does not have the necessary equipment. He did not think Mr. Hughes' bid
was valid. He was not asking the bid be awarded to his client, Graham, but that all
bids be rejected and made understandable to everyone and then rebid.
Mr. Hughes said last year there also were zero bids.
The motion failed 2-4 (Councilmen Backes, Mitchell, Strand, Mayor Hanks opposed).
It was moved by Councilman Backes, seconded by Councilman Mitchell, to award the towing
contract to Dick's Towing pending a favorable background investigation.
The motion passed 4-2 (Councilmen Friedman, Meland opposed).
There was consensus that the bidding procedure be tightened up in the future.
Councilman Friedman said he was opposing because he felt people were being charged
too much. He asked to have a copy of the bid document.
llb. Recording of Council meetings It was moved by Councilman Friedman, seconded
by Councilman Strand, that all Council pro-
ceedings be taped and kept on file for a minimum of one.year or for whatever period
of time the City Attorney may deem to be required.
Councilman Strand felt it was only important to tape Council meetings. He did not see
the need to tape study sessions as usually informal actions are taken then.
Councilman Backes said there was Council policy on this matter, and he felt Council
should be made aware of what the present policy is. He suggested deferring action un-
til Council is provided with the present policy.
Councilman Friedman withdrew his motion.
12a. Claims
MISCELLANEOUS
None.
12b. Communications from Mayor Mayor Hanks reported that Councilmembers Duffy,
Backes and himself will be at the National
League of Cities. Mayor Pro Tem will preside at the meeting.
He reported on the successful City birthday party on Saturday afternoon and the success-
ful Centennial banquet Saturday evening.
13a. Verified claims
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
It was moved by Councilman Meland, sec-
onded by Councilman Friedman, to approve
-265-
...
and authorize payment of the list of verified claims prepared by the Director of Finance
dated November 17, 1986 in the amount of $720,093.26 for vendor claims and $10,419.38
for election judges and $11,366.08 for payroll claims and that the City Manager and i
City Treasurer be authorized to issue checks in the appropriate amounts.
S
The motion passed 6-0.
14. Adjournment The meeting was adjourned at 10:15 p.m.
�, �ti , %TC_, n • l
Ly, a Hanks, Mayor
%t Smith, Recording Secretary
-266-