HomeMy WebLinkAbout1986/11/03 - ADMIN - Minutes - City Council - Regular1. Call to order
2. Presentations
3. Roll Call
MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 3, 1986
Mayor Hanks called
order at 7:30 p.m.
None
the
The following Council
present at roll call:
Ronald Backes
Thomas Duffy
Allen Friedman
Lyle Hanks
meeting to
members were
Keith Meland
Larry Mitchell
David Strand
Also present were the City Manager, City Attorney, Director of Planning and
Director of Public Works.
4. Approval of Minutes it was moved by Councilman Strand,
seconded by Councilman Duffy, to approve
the minutes of the October 20, 1986
City Council meeting with the following changes: item 7b. add looking at parking
lot billboards; page 235, change Ford Rd. to Ford Park.
The motion to approve the minutes as amended passed 6-0-1 (Councilman Meland
abstained).
It was moved by Councilman Mitchell, seconded by Councilman Backes to approve
the study session minutes of October 27, 1986 with the following change: item
5, include parking lot billboard signs.
The motion passed 4-0-3 (Councilmen Meland, Duffy, Backes abstained).
5• Approval of Agenda It was moved by Councilman Strand,
seconded by Councilman Mitchell to
3, 1986 with the removal of item 9k, approve the consent agenda for November
The motion passed 7-0.
It was moved by Councilman Backes, seconded by Councilman Mitchell to approve
the agenda for November 3, 1986.
The motion passed 7-0.
PUBLIC HEARINGS
6a. L-uor license transfer Liquor license application: Stephen
Rosenthal
There being no one wishing to speak, the Mayor declared the public hearing
closed with the right of Council to thereafter reopen and continue it at a
future date.
City Council meeting minutes
November 3, 1986
It was moved by Councilman Duffy, seconded by Councilman Backes, to approve
the application.
The motion passed 7-0.
PETITIONS, REQUESTS, COMMUNICATIONS
None.
RESOLUTIONS AND ORDINANCES
8a. Vacate utility easement It was moved by Councilman Strand,
Ordinance No.1699-86—seconded by Councilman Meland, to
waive second reading and adopt Ordinance {
No. 1699-86 entitled "An ordinance vacating portion of utility easement at
8600 W. 25th St."
The motion passed 7-0.
8b. Alley vacation Second reading of an ordinance vacating
Ordinance o. 1700-86 an alley at 2701 Brunswick Ave.
It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive
second reading and adopt Ordinance No. 1700-86 entitled "An ordinance vacating
portion of alley at 2701 Brunswick Ave."
The motion passed 7-0.
8c. Funeral leave First reading of an amendment to the
personnel ordinance re funeral leave
Councilman Mitchell asked how a waiting period can arbitrarily be set.
The City Manager explained that this particular benefit was overlooked when
the personnel ordinance was updated six years ago, and the current action was
to bring the waiting period for funeral leave into conformance with the rest
of that ordinance.
Councilman Mitchell felt that any waiting period was inappropriate. Councilman
Strand said any employee could take funeral leave, one just wouldn't get paid
for it prior to being empl-oyed for six-morrths.
It was moved by Councilman Strand, seconded by Councilman Backes to waive first
reading and set second reading for November 17, 1986
The motion passed 7-0.
8d. Seat belt policy Resolution relating to seat belts
Resolution 86-193
Councilman Friedman asked why the City was passing this policy when it was
already State law. The City Manager said not only does this action bring the
City into conformance with State law, but impresses upon all City employees
that this policy is to be taken seriously.
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It was moved by Councilman Duffy, seconded by Councilman Strand, to waive reading
and adopt Resolution 86-183 entitled "Resolution authorizing certain action
to establish a safety belt policy as well as to bring the City of St. Louis
Park into compliance with state law."
The motion passed 7-0.
$e. Rogers's Petroleum
Mr. Jeff Ilstrup, representing
was to be tabled. He asked for
tailing their new proposal.
Request of Roger's Petroleum for additional
signage
Roger's, said it was his understanding the matter
clarification as he had sent a letter to staff de -
The City Manager said a motion to table was suggested in order to allow time for
the confusion over this matter to be resolved. He said a plan received by the
Planning Department has not yet been verified as being in conformance with the
ordinance code. He said it would be ideal if Rogers could come up with a drawing
showing what is proposed with dimensions. Also the question should be answered if
the matter should go back through the Planning Commission process.
Mayor Hanks wanted to clarify why the item was in front of Council, that being be-
cause of the special permit process which governs any changes made on this property.
The Director of Planning said that evidently what was happening tonight was that
the applicant was withdrawing its request for a free-standing sign and submitting
a new schedule of signage as their new proposal. He said his staff could bring
back to Council the location of the proposed signs, a matrix showing what the
` existing signage is and what would the maximum be permitted under the ordinance.
Councilman Friedman asked the City Attorney to clarify that if what is proposed
conforms with the ordinance and there is no contradiction, could they pass a motion
of approval that evening, and if there wasn't conformance, then it would come back
to Council.
The City Attorney felt that since there was a special permit involved, the matter
should come back to Council. He asked that the record reflect the applicant was
withdrawing their previous request, not asking for any reconsideration of that
free-standing sign.
Councilman Strand alluded to the resolution, askin if the applicant was presently
in conformance or violation of conditions 5 and 6 ?trash storage and no outside
sales of goods and materials except as allowed in the ordinance).
Mr. Ilstrup said because of a broken city water pipe and subsequent sinking of the
.v ground,.they were no longer able to use a 2 -ton dumpster. Now a 4 -ton dumpster
serves both the store and service center which obviously can't be inside the build-
ing and that this was approved by the Council in 1984.
Councilman Mitchell asked about lilac bushes to the north of the building which were
required for screening of the building. Mr. Ilstrup said keeping bushes alive has
been a continual problem because of the plowing of the off -ramp and the sand etc.
City Council meeting minutes
November 3, 1986
which is placed on the roadway has been very detrimental to keeping busfio, health 't.
Mayor Hanks asked that those conditions of the resolution be lwked at by staff and
brought back to Council.
It was moved by Councilman Friedman, seconded by Councilman Backe,, to defer no
item to November 17, 1986, eliminate the request for the free-standing sign, ask
staff to review the conditions of the special permit and prepare a resolution of
approval if the new request meets ordinance requirements.
The motion passed 7-0.
8f. Landsca in : Shelard Minor amendment to special pernrit: Land-
, eso ut on -1U_ scaping modifications in Shelard Paris
It was moved by Councilman Strand, seconded by Councilman Meland, to waive reading
and adopt Resolution 86-184 entitled "A resolution rescinding Resolution 86-122
adopted on Aug. 4, 1986 rescinding Resolution 85-17 adopted on Feb. 19, 1985 res-
cinding Resolution 7525 adopted on Dec. 19, 1983, rescinding Resolution 7419 adopted
on July 5, 1983 and granting special permit under Section 14-156 of the St. Louis
Park ordinance code relating to zoning to allow the construction of a 186 -unit
apartment development at 9935 Shelard Parkway (previously known as Betty Crocker
Dr.)
Councilman Friedman asked for definition of a "minor amemdment."
The City Manager said that a few years back, a question was asked why all of these
minor things go through the entire process when perhaps they could go directly
to Council, saving time for property owners. He said "minor" becomes a judgment
question and staff has tried to follow that direction of Council as to what is
minor.
The motion passed 6-0-1 (Councilman Backes abstained).
89. Driveway modification: 3744 Louisiana Ave. Amendment to a special permit to
►resolution 86-185 permit modifications to the 30 -ft.
driveway at 3744 Louisiana Ave.
(Costco Warehouse)
It was moved by Councilman Strand, seconded by Councilman Meland, to waive reading
and adopt Resolution 86-185 entitled "A resolution rescinding Resolution No. 86-111
adopted on July 21, 1986-and-grarrting special- petail under. Section 14-123.100 of
the St. Louis Park Ordinance Code relating to zoning to allow the construction of
a membership wholesale warehouse for property zoned 1-1, industrial district, and
F-2, flood plain district, at 3744 Louisiana Ave."
The motion passed 7-0.
8h, Variance: 2614 Xenwood Resolution of denial: 2614 Xenwood Ave.
sou on86-186
It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive reading
and adopt Resolution 86-186 entitled "A resolution of findings regarding the appli-
cation of William F. John for a variance under Section 14-128(5) of the St. Louis
Park ordinance code relating to zoning to permit the construction of an addition
to an existing attached garage resulting in a side yard setback of 4.7 ft. instead
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City Council meeting minutes
November 3, 1986
of the required 6 ft. for property located in the R-1 single family residence
district at 2614 Xenwood Ave."
The motion passed 6-0-1 (Councilman Friedman abstained).
8i. Ottawa Ave/Hwy. 7 First reading of an ordinance re study of
public need for property at the southeast
corner of Hwy. 7/Ottawa Ave.
It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive first
reading and set second reading for November 17, 1986 and authorize summary publi-
cation.
Councilman Strand suggested rewording of the ordinance, to wit, the purchase
agreement disposing of the property will contain a term that the property, if
developed, will be developed in accordance with the Highway 7 redevelapment plan.
Also, that the determination of conformance would be made by the City of St.
Louis Park.
Mayor Hanks asked that staff provide an overhead of the area for the November
17 meeting showing what sorts of things would be allowed in this redevelopment
area.
The motion, as amended incorporating the language as suggested by Councilman
Strand, passed 7-0.
8j. Stone's Foods
Interpretation of zoning ordinance for re-
placement of a sign at 8000 Minnetonka Blvd.
It was moved by Councilman Friedman, seconded by Councilman Mitchell, to waive
reading and adopt Resolution 86-187 entitled "Resolution of findings regarding
the application of Stone's Foods for an interpretation of Sections 14-185.04
and 14-185.06 relative to a rooftop sign at 8000 Minnetonka Blvd."
Mayor Hanks asked if an application had been made for this sign and was it a re-
paint -or rebuild.
The City Manager said application had been made for replacement of what is now
blank on the sign to a red owl. He wanted Council to fully understand what was
to be done so that later on there would be no question. It still remains for
Council to come up with a definition of what is an alteration.
Mayor Hanks, reflecting back to the last meeting, noted that the resolution before
Council did not indicate that under discussion was a wall sign, not a roof top
sign.
a
Councilmn Friedman suggested changing verbiage in the conclusion to read "...on
the wall which is located above the roof. ."
The motion as amended passed 7-0.
8k. Permit fees
Amendment to the ordinance for building permit
fees
It was moved by Councilman Strand, seconded by Councilman Backes, to waive first
reading, set second reading for November 17, 1986 and authorize summary publica-
tion.
City Council meeting minutes
November 3, 1986
The motion passed 7-0
Councilman Friedman wanted to make it clear to the audience and cable viewers that
the reason for this change was to bring the City's permit fee schedule into confor-
mance with surrounding communities and bring it up to date. It does not bring revenue
into the City; only covers administrative costs.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Excelsior Blvd. traffic study Request for proposals
Vince Sperrazza, 4024 Quentin Ave. spoke to Council. He said the traffic study was
an excellent outline for the redevelopment district and the neighborhood was quite
pleased with the plan. He asked what the next steps were, when the study would
actually begin.
Mayor Hanks said his understanding was that tonight was a chance for Council to
provide input to the HRA relative to the outline.
Councilman Backes, speaking for the HRA, said if the request for proposal was approved
this evening, the HRA would authorize staff to submit it to consultants for request
for proposal. He said that since the next HRA meeting is not scheduled until Nov.
18, there would be a special meeting so that this project can get underway.
Mr. Sperrazza formally submitted to Council his remarks made at the September 9 HRA/
Council meeting relative to amending the comprehensive redevelopment plan from the
standpoint of impact factors.
Councilman Strand urged the HRA to consider a traffic budget for the redevelopment
district in the context of the water tower site. If it is a workable concept, he'd
like to see allocated to that site a prorata portion of the budget that is avail-
able.
9b. Rec Center ice rental rates Proposed ice rental rate increase at the
Rec Center
It was moved by Councilman Duffy, seconded by Councilman Meland, to approve the
increases.
Councilman Strand asked if a breakdown was available of the people using the rink,
whether it was St. Louis Park kids mainly or skaters from other communities.
The City Manager said in terms -of children, it's mainly St. Louis Park; in terms of
adult skaters, it's primarily St. Louis Park corporations, but he could not guarantee
those skaters were City residents. Open skating is mainly St. Louis Park residents.
The motion passed 7-0.
9c. Risk management consultant It was moved by Councilman Meland, sec-
onded by
execution of a contract with American Risk Managemeentoilman tocprovideuservices aashdesZe
cribed in staff's report.
The motion passed 7-0.
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9d. Cambridge/Alabama traffic study It was moved by Councilman Duffy, seconded
Resolution 86-191 by Councilman Meland, to authorize instal-
lation of stop signs on the northwest
and southeast corners of Alabama Ave., waive reading and adopt a resolution to that
effect.
Councilman Duffy said this item was on the agenda at his request, and he honestly
didn't see himself making such a motion. However, the more he talked to the residents
of the neighborhood, the more he understood their concern, particularly as it re-
lates to their trying to get to the park with their children on the east side of
Alabama. He felt if there were going to be this tiny tot lot park on the southeast
corner of the intersection, it really needed safe access.
The motion passed 5-2 (Councilman Strand, Mayor Hanks opposed).
9e. W. 26th St., Hwy. 100 to Quentin Traffic study No. 361: W. 26th St., Hwy.
100 to Quentin Ave.
It was moved by Councilman Friedman, seconded by Councilman Meland, to direct staff
to hold a neighborhood meeting to inform the residents of staff's findings.
The motion passed 7-0.
9f. I-394/Quentin alley reconfiguration
the report for filing.
The motion passed 7-0.
It was moved by Councilman Meland, sec-
onded by Councilman Duffy, to accept
Councilman Friedman said he had to leave the meeting early and asked the Director
of Public Works what the consensus was regarding the alley.
The Director responded it was generally split: two households in favor of maintain-
ing the connection; two in favor of deleting the connection. He said the next step
would be to get an answer from MnDOT relative to pertinent questions raised by the
residents, i.e., height of noise walls and other barriers. He would then anticipate
recommending staff contact all affected residents for a straw vote since there was
a split down the middle.
99. Private wells It was moved by Councilman Mitchell, sec-
onded by Councilman Friedman, to adopt
a program to subsidize abandonment of private wells at a rate of 40 percent with a
maximum of $320 for any abandonment, waive first reading and set second reading of
the ordinance for November 17, 1986.
Councilman Friedman said it was brought to his attention there was some conflict
with what the State says, that* existing wells do not have to be abandoned. He asked
for clarification.
Nyor Hanks asked for staff to investigate this. He asked if the numbers of wells
had increased as previously $5,000 had been put in the budget; now the figure is
up to $30,000 to $40,000. He noted that many residents with wells used them for
Years and considered them to be an asset. He questioned the rest of the residents
subsidizing closure of wells for a few.
Councilman Friedman suggesting tabling the item until staff can report back.
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City Council meeting minutes
November 3, 1986
Councilman Mitchell felt it would be appropriate to schedule the item for a study
session as figures need to be gathered and the financial impact of a subsidy pro-
gram studied.
Councilman Strand felt if figures could be made available and then brought back
to Council it could be acted upon. He didn't see the need to go to a study session.
He felt that without some type of needs test, the City could be subsidizing expen-
ditures for absolutely no public need unlike the subsidized removal of trees
having Dutch elm disease where there was a very definite public benefit.
Councilman Mitchell withdrew his motion.
It was moved by Councilman Friedman, seconded by Councilman Meland to table.
The motion passed 7-0.
9h. Residents/business survey It was moved by Councilman Meland, sec-
onded by Councilman Duffy, to authorize
execution of a contract with Anderson, Niebuhr b Assoc. to conduct a consumer survey
of City residents and businesses not to exceed $19,750.
Councilman-friedmen-asked- the -City Manager -to br+efly- ind4-cate what was being
surveyed.
The City Manager responded it would be a survey of 600 residences and 150 businesses
as a followup to the City's strategic planning process to elicit whether or not the
City is providing services to the community they deem useful, if there are services
which should be added, how much people might be willing to pay and how high a
priority they put on such services.
Councilman Friedman said basically residents are being asked to determine whether
or not what staff and Council think are priorities are priorities to them. Then a
determination can be made if money should be spend on those priorities or other
priorities.
The motion passed 7-0
91.
Minutes
of Streets
and Highways
Committee
Ordered
filed
by
consent.
9j.
Planning
Commission
minutes Oct.
15
Ordered
filed
by
consent.
9k. Housing and Redevelopment Authority minutes
October 14 Councilman Strand referred to the
many questions posed at the HRA
meeting. He hoped that through the
process of the Excelsior Redevelopment project, the HRA will be discussing the many
questions raised. He felt the community needed to hear that type of public policy
debate how the many issues get resolved.
UNFINISHED BUSINESS
10a. Boards and Commissions No business
NEW BUSINESS
Ila. Target easements Tom Bonneville, Target Stores real
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City Council meeting minutes
November 3, 1986
estate department) said Target was requesting the easements as shown on the map
be vacated. He said until this is accomplished, the construction has been shut
down. He displayed a diagram prepared by a survey specialist showing the exact
location of the easements. He said Target was prepared to grant easements to any
utility companies requesting them. What he was requesting this evening was that
construction be allowed to continue while the vacation process proceeds. He said
they are willing to place in escrow the $23,500 until final negotiations transpire
re the value of the land. They also are willing to discuss other costs the City
may describe having to do with prior purchases by the City or the current situation
after it has been analyzed.
Councilman Strand asked if the utility companies had been heard from. The City
Manager said not as yet, but this should not be a problem as Target has said
they would be willing to grant easements.
Councilman Strand said since the City bought its own easement once before, should
not money commensurate with that value also be escrowed along with the $23,500 as
proposed.
The City Manager felt that was appropriate and indicated Target's willingness to
negotiate this matter. He felt the following should be agreed upon: (1) that
52.50/sq. ft. it the value; (2) there is some credit to be given for the City's
purchase of the property which is to be added to the $23,500; and (3) if the
utility companies need easements, that also is to be provided.
Councilman Strand felt there was a difference of opinion relative to the value of
the property. He pressed for some type of agreement on the value of the property
to ensure the City's strong negotiating position.
Mr. Bonneville said Target does not choose to take a position on value this evening
for lack of data. He felt further research as well as notification from the utility
companies was essential before taking such a position.
In answer to Councilman Friedman's question as to how long Target felt it needed
to come to a conclusion of value, Mr. Bonneville said he could not really be more
specific.
Councilman Friedman asked the City Attorney if he would advise the construction on
an easement at this point. The City Attorney responded there is no dispute, that
the City has an easement and to continue to construct on it would violate it. He
said that by their own actions, Target appears to acknowledge the City's right
to stop construction on that portion.
Mr. Bonneville suggested Council appoint the City Manager as its negotiator and
then he could sit down with Target, bringing back to Council his final recommen-
dation.
In response to Councilman Mitchell's question as to how long the City Manager had
knowledge of this problem, the City Manager responded a couple of weeks. He said
research had indicated two things: should the City be reimbursed, and what is the
cost of that reimbursement. If they were both given free, that's another question.
But, the City did pay for the easements at one time, and coming up with a value
is not easy.
It was moved by Councilman Friedman that the item be tabled to allow the City
Manager to negotiate with Target and that the Mayor thereafter call a special
meeting of the Council to act on his recommendations.
City Council meeting minutes
November 3, 1986
Mayor Hanks requested clarification on tabling the matter vs. deferring it.
Councilman Mitchell felt the item could be deferred to the November 17 meeting.
Councilman Friedman withdrew his motion.
It was moved by Councilman Friedman, seconded by Councilman Mitchell, to defer
the item to the November 17 Council meeting and direct the City Manager to
negotiate with Target and come back with a recommendation to be acted upon.
Councilman Backes hoped that Mr. Bonneville understood any obligation for vacation
of easements, building on the easements and title matters rest with Target, not
the City. Mr. Bonneville said that was understood. Councilman Backes asked what
Target's title company said about building on easements. Mr. Bonneville responded
that was not a problem as they finance internally.
The City Manager wanted to clarify, so there would be no misunderstanding, that
he and Target would be discussing the following: value of the easement on which
the building will trespass, verification that the utility companies do not have
needs for easements now or in the future, and the value of the portion of the
property the City has already purchased.
The motion passed 7-0.
The City Attorney said that according to Robert's Rules of Order, a motion to
table is not debatable.
Mr. Bonneville asked if the building department would be apprised of Council's
action, i.e. no construction on the site would go on for two weeks. The City
Manager said it would be notified.
MISCELLANEOUS
12a. Claims
Kae Jensen, 3537 Wyoming, SLP
By consent, the claim was referred to the City Clerk and City Attorney.
12b. Communication from the Mayor Mayor Hanks read a letter from Mr. Diamond
commending a police officer for his assistance
to his mother and enclosing a check for $250
for the St. Louis Park Emergency Program (STEP).
12c.Commnnications from City Manager The -City Manager brought up the previous
discussion re disconnection of property
north of Amhurst. In researching the minutes, the item had come up previously, but
Council took no action. The item came up from the Planning Commission with a rec-
ommendation to leave the property as is; Council agreed with that and directed
staff to work something out. Staff reported on May 19 that they would attempt
to work out an agreement with the City of Minnetonka. The minutes reflect there
was discussion re an exchange of services which would include providing police and
fire services to the property. As this was an informational matter and there was
no objection, staff went forward.
He said Mr. Sumek will hopefully be available sometime during the evening of November
17 either prior to or after the Council meeting.
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City Council meeting minutes
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CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims
the Director of Finance dated November 3,
vendor claims and $11,032.26 for payroll
Manager and City Treasurer be authorized
amounts.
The motion passed 7-0.
It was moved by Councilman Meland, sec-
onded by Councilman Backes, that the
list of verified claims prepared by
1986 in the amount of $659,775.43 for
claims be approved and that the City
to issue checks in the appropriate
13b. Contract payments
Resolutions 86-188, 189"190 It was moved by Councilman Duffy, seconded
by Councilman Strand, to waive reading
and adopt the following resolutions authorizing final payment.
1. Resolution 86-188: Craig's Turf, sodding in Shelard Park. Amount: $951.95.
2. Resolution 86-189: J. P. Norex, sanitary sewer repair. Amount:'$26,969.67
3. Resolution 86-190: Midwest Asphalt Corp., grading, paving curb and gutter.
Amount: $11,547.37.
The motion passed 7-0.
It was moved by Councilman Duffy, seconded by Councilman Backes, to approve the
following partial payments:
4. Noble Nursery, timber wall construction, landscaping at City Hall. Amount: $20,706.45
5. Standard Sidewalk, alley paving, random concrete repair. Amount: $70,660.26
6. Midwest Elevators, Inc., City Hall elevator improvements. Amount: $10,936.40
The motion passed 7-0.
At 9:10, the City Council went into an executive session to discuss a personnel
matter.
At 9:35 p.m., Council returned to Chambers from the executive session. All Council
members were present
Prosecuting Attorney
Councilman Strand reported that in the interim time since Council had discussed this
issue, his firm had hired a lawyer who was previously a judge. The lawyer was asked to
Provide some of the names of judges, prosecuting attorneys and defense attorneys.
Councilman Strand talked to other judges, prosecutors and defense lawyers and asked
their assessment of the people involved. All were very high on the Colich b Weiland
firm, especially Lucy Weiland. They had mixed reviews about the Katz, Lange firm. They
felt they were not educating the police properly and that they had lost credibility
in front of some judges. A question was asked regarding the impact if the City were
to make any changes. The response was that the City should take the opportunity and it
probably would not upset the process. Councilman Strand reported that he wants
effective prosecution and that the City needs credibility from the bench. He does not
feel it would be damaging to the City by making a change for a period of time.
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City Council meeting
November 3, 1986
Councilman Mitchell felt that he needs better informaticr, to sake an evaluation,
He feels he does not have sufficient informvation from the attorney either
on a monthly or quarterly basis and it is difficult to measure.
Mayor Hanks asked how this might be accomplished.
Councilman Mitchell responded that some sort of monthly report to summarize
what is being done, taking the police into consideration and the overall
needs of the City into consideration.
Mayor Hanks commented that the City has not gone to the prosecuting attorney
to give Council direction, nor has the City established an evaluation procedure,
Councilman Strand commented that legal services are difficult to
evaluate. His major concern is matters of competence and representation.
Councilman Backes commented that the City started with a profile. They
did the best they could with the persons involved and information available.
Councilman Mitchell asked whether or not there was a service to provide
evaluation of legal services.
Councilman Strand responded it is always difficult to evaluate decisions
based on legal issues.
Councilman Mitchell felt that this is the time to look at a change because
the lead member has left the firm and it is appropriate to look at the
situation.
Councilman Duffy commented that it is difficult to judge legal services.
It is more difficult to judge prosecutorial services vs. other legal services.
He commented that the Chief of Police made the statement that if a situation
is o.k., then nothing should be done. He was also concerned about the amount
of lobbying that was done in this situation. A
president of his company asking him to talk to
Duffy was also offered campaign assistance if
the Colidge b Weiland firm, No one from the Colich
contact.
Councilman Mitchell commented that he agreed
to deal with, but he felt Council was dealing with
phone call was made to the
Councilman Duffy. Councilman
he would vote in favorof
b Weiland firm made suc
the lobbying was difficult
a competence question.
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 the
present prosecutor sometimes comes unprepared, that at those times it raises a
problem with the credibility of the police. He felt that if an attorney
is around for a long period-of•time and has a credibility problem, then
it is time to make a change . Other judges gave mixed reviews and some judges
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City Council meeting
November 3, 1986
said that the current prosecutor is doing a good job. He commented that
Steve Lange had great credibility and while the police may be satisfied
with the present prosecutor, the bench has given the prosecutor mixed
reviews. He feels that the attorneys have an obligation to come forward
to provide some sort of measurement. He said there is an opportunity for
change and if the present prosecutor is questionable to the bench, then
Council needs to do something.
Councilman Strand commented that after reviewing the material, he felt
it was time for a change which would be in the best interest of the City
and Police Department.
Councilman Meland commented that extensive lobbying took place on behalf
of Colich b Weiland. He was perplexed by the fact that the bench was willing
to endorse a law firm. He felt that Council should evaluate on a monthly
or quarterly basis. He commented that perhaps more weight should be given
to how people who work with the prosecutor feel. ile questioned whether
or not preference ought to be given to people who live in St. Louis Park.
Co. an Strand commented that bench endorsement is not unusual and lobbying
• is tsentative of what the people feel towards an individual or a firm.
Councilman Duffy said he checked with a law firm he is familiar with and
the response was that Colich b Weiland will do a good job.
Mayor Hanks commented that in fairness to the firm, he agrees with Councilman
Mitchell that more of an evaluation process is needed within a certain
time period. He felt there was more than one firm that could work with
the Police.
Councilman Strand commented in response to the Mayor that it is hard to
qualify competence, and it will be impossible to know in any period of
time. The Council must rely on those people who actually observe the process.
Councilman Friedman commented it is interesting that all the support came
out 'for Colich b Weiland and why none for the Katz, Lange firm. He felt
the Chief's statement was very important and he felt that if no one else
had said anything about the current service, he would probably not agree
to change.
Councilman Friedman responded that the current prosecutorial services are
not a reflection on Mr. Lange.
Councilman Strand commented that Steve Lange has not been involved in
prosecution for some time.
Councilman Backes said that the Council decided to take a fresh look. If
they did so again, they would probably come up with the same information.
The lobbying is a result of a new firm trying to get a large account.
Councilman Strand said that the City would be a major account which would
�" get the firm's attention.
City Council meeting minutes
November 3, 1986
Councilman Friedman said that if the City does not make the change, he
is concerned that the Katz, Lange firm could get too comfortable.
Mayor Hanks commented it is difficult to weigh the different factors, that
is, the police, the judges and other lawyers.
Councilman Friedman commented that it is easy for the court system to determine
who is good and who is bad.
it was moved by Councilman Backes, seconded by Councilman Friedman, to
appoint Colich and Weiland as the City's prosecuting attorney effective
January 1, 1987.
Mayor Hanks commented he does not see any reason to make a change.
Councilman Mitchell commented there is probably more reason now then there
was two years ago based on the information obtained.
Councilman Strand said that based on the information he has received, there
is no choice but to change.
The motion passed 4-3 (in favor Councilmen Backes, Friedman, Mitchell and
Strand; opposed Councilmen Duffy, Meland, Mayor Hanks).
The Council meeting adjourned at 10:20 p.m.
y :
Hanks
r
aF-Smith, RKording Secretary