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102708 CC WS Min CITY OF SHORE WOOD CITY COUNCIL WORK SESSION MONDAY, OCTOBER 27, 2008 5735 COUNTRY CLUB ROAD SOUTHSHORE CENTER 6:00 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Lizee called the meeting to order at 6:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Wellens and Woodruff; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Wellens moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. LEGAL SERVICES RFP Administrator Heck stated per Council's direction Staff prepared a Request for Proposal (RFP) for legal services. The RFP was distributed to several firms and it was also placed on the League of Minnesota Cities' website. Seven firms submitted proposals. He prepared a summary comparison of information provided in the RFPs submitted. That comparison was included in the meeting packet. After review, he and the department directors recommend Council consider the following four firms: LaVander Gillen and Miller; Malkerson Gilliland and Martin; Kennedy and Graven; and Campbell and Knutson. Mayor Lizee stated she appreciated all of the work Staff had done on the RFP process. She explained that there are three regular Council meetings and a Truth-In-Taxation meeting scheduled between now and the end of the year. She recommended the incoming council evaluate the RFPs and decide which firm should provide the City with legal services in 2009; Council could focus its energies on other activities for the remainder of 2008. Councilmember Wellens stated he wanted to continue with this process. Councilmember Woodruff stated he wanted to continue with this process. Staff has already invested a considerable amount of time in the RFP process. He commented he appreciated having the comparison of the firms' RFPs. He suggested the list of firms for consideration be reduced to three with Campbell and Knutson be removed from the list. Councilmember Turgeon stated she wanted to continue with this process. If the list of firms for consideration is reduced to three she preferred La Vander Gillen and Miller be removed from the list. She had no issue with interviewing four firms. She had no problem with interviewing the firms on November 5, 2008, after the Canvassing Board meeting. She requested Administrator Heck have the firms submit CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 2 of 4 answers to the RFP questions they did not answer prior to the interview process, and that Heck prepare a list of questions to ask the firms. Councilmember Bailey stated he wanted to continue with the process. There certainly would be sometime between now and when a decision would be made, but it would be worthwhile for Council to get additional information about the firms. Councilmembers Bailey, Turgeon, Wellens and Woodruff wanted to interview the firms on November 5, 2008. There was consensus among them to interview the four fim1s recommended for consideration. Mayor Lizee stated she thought it was unnecessary to continue with this process. The City received quality legal services from its current legal counsel. She again noted there were only three regular Council meetings scheduled before the end of the year, and she thought it was more appropriate for the incoming council to select the firm. In response to a comment from Councilmember Wellens, Mayor Lizee stated she had conveyed she did not think it was appropriate to consider changing legal representation before year end, because the City had recently hired a new city administrator and when there is a possibility to have new council representation in 2009. 3. DISCUSSION RE: GOING OUT OF BUSINESS SALE ORDINANCE Administrator Heck stated Councilmember Wellens was contacted by a business owner in the City about the City's ordinance regarding "going out of business" sales. The business owner thought inventory provisions were cumbersome. Heck questioned why a business owner had to get a license to go out of business, and he questioned ifthe ordinance was necessary. Director Nielsen stated he assumed the ordinance was based on a model ordinance and he surmised it was implemented in response to a rash of 'going out of business' sales where businesses never went out of business; they just continued to replenish inventory and lure people in to shop. At that time there was a business in the City that held going out of business sales for well over one year. This issue has not occurred for a number of years. If the issue is signage, the City now has a signage ordinance. A business is only allowed two temporary signs per year per property and it can display each sign for a maximum of ten days. Staff had discussed that this may be a fraudulent activity and it may be more of a state or county Issue. Nielsen requested Council provide Staff with direction regarding how to proceed with the ordinance. He commented the ordinance was onerous for both the business owner and Staff. Staff has to ensure that the business owner does not add to his inventory. Councilmember Wellens suggested the "going out of business" ordinance be eliminated. Councilmember Turgeon stated it was her understanding that the ordinance excludes salvage type businesses, to which Director Nielsen agreed. Turgeon stated there were parts of the ordinance she agreed with. In response to a question from Councilmember Turgeon, Director Nielsen explained if a business owner applied for a permit to have a permanent sign and the sign said "going out of business" there was nothing the City could do about that because the City cannot dictate the wording on the sign. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 3 of 4 Councilmember Woodruff questioned if the City could issue a license with a predetermined time limit (e.g. 90 days) for those situations which would allow signage for that amount of time. Mayor Lizee stated it may be difficult to have a 90-day limit because the building lease may not be up in that amount of time. Councilmember Bailey questioned what harm there was with a business going out of business for a long time. Councilmember Woodruff stated that type of situation could be perpetrating a fraud. Councilmember Woodruff stated he did not think the City should eliminate the existing ordinance. A business owner could adhere to that strict ordinance if they wanted to. Councilmember Bailey stated he had a great deal of faith in the City's residents to understand that if a business had been claiming to go out of business for a long time and hadn't done so, they should question that business owner's intentions. Director Nielsen stated it was not a zoning matter; it's a business ordinance. The relationship to zoning is because of signage. Mayor Lizee questioned what surrounding communities were doing regarding this matter. Director Nielsen said Staff will research that. 4. CITY OWNED PROPERTY AT 5795 COUNTRY CLUB ROAD Administrator Heck provided a brief history on City-owned property located at 5795 Country Club Road. The City first acquired this property in June 1986 for $124,000 in anticipation of a potential City Hall project. When the project did not come to fruition the City sold the property in February 1988 for $105,000. In April 2005 the City again purchased the property for $305,000 plus approximately $8,000 in closing costs; the property was purchased to provide for options with regard to the future of City Hall. Heck stated per Council's direction, Staff asked the assessor to conduct an estimated market value of the property. The assessor estimates the value at $310,000 $330,000. Also, per Council's direction Staff contacted the leasing agent to list and find tenants for the City-owned house with the same general terms as the prior leasing agreement. The leasing agent recommended establishing an 18-month lease with a guarantee of 9 months and a 60-day termination clause should the City choose to sell the property. He stated the City will secure a drainage easement before the property is placed on the market. He stated the Park Commission does not think the property would be of value as City park land. Heck stated Staff recommends the City secure a tenant for the house because this would not be a good time to put the property on the market. Mayor Lizee stated she thought it was a reasonable recommendation to rent the City-owned house. She asked Engineer Landini how long it would take to secure a drainage easement. Landini stated he could have quotes for surveying services available for the next Council meeting. The legal description of the property will have to be prepared and included with the forms that are filed with Hennepin County. In response to a question from Councilmember Turgeon, Engineer Landini stated the City would secure an approximate 20-foot-wide easement. Councilmember Wellens suggested the lease agreement include an option for the tenant to purchase the property . CITY OF SHOREWOOD WORK SESSION MEETING MINUTES October 27, 2008 Page 4 of 4 Councilmember Bailey stated he thought the rental recommendation was reasonable, provided it was understood the intent is to sell the property. He agreed the summer of 2009 would be a better time to try and sell the property. Administrator Heck stated he will infom1 the leasing agent right away of Council's decision. Councilmember Bailey suggested Council reconsider the decision to lease the property if the leasing agent cannot find a tenant within two months. If it took longer then two months, the guaranteed lease time of nine months could cause the City to delay putting the house on the market until 2010. Therefore, the incoming council may want to reconsider whether or not the City should lease the property. Councilmember Woodruff stated he agrees with Councilmember Bailey. 5. ADJOURN Wellens moved, Turgeon seconded, Adjourning the City Council Work Session Meeting of October 27,2008, at 6:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: