HomeMy WebLinkAbout2011-07-06 PACKET 09.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 7/6/2011 11-44
PREPARED BY Administration Ryan Schroeder
ORIGINATING DEPARTMENT DEPARTMENT HEAD
COUNCIL ACTION REQUEST
RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS: Posting
and notification of the June 24, 2011 special meeting.
STAFF RECOMMENDATION
Receive response.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Corrine Heine; memo from Caron Stransky.
❑ RESOLUTION:
❑ ORDINANCE:
❑ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Attachment.
ADMINISTRATORS COMMENTS
Enclosed responses from City Attorney regarding legal issues and City Clerk regarding
notification. The item is presented to ensure Council and the public that the City has been
operating in compliance with law regarding handlin of s ecial eetings and the open meeting
law. jr
City Administrator Date
Document2
Corrine A. Heine
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
0
(612) 337 -9217 telephone
p (612) 337 -9310 fax
Graven http://www.kennedy-graven.com
cheinel&kennedy- graveacom
CHARTERED
MEMORANDUM
TO: Mayor and Council Members, City of Cottage Grove
FROM: Corrine A. Heine, City Attorney
DATE: June 30, 2011
RE: Procedural Issues Regarding Special Meetings of the Council
This is a formal memorandum that addresses the procedural questions raised by a resident, Dale
Andrews, who lives at 8430 Keats Avenue South in Cottage Grove, concerning the special
council meeting that occurred on June 24, 2011. During that meeting, Ms. Andrews claimed
that the City Council had not complied with the provisions of Minnesota Statutes section
412.191, subdivision 2 or the notice requirements under the Minnesota Open Meeting Law.
Each of those issues is discussed separately below.
Minnesota Statutes Section 412.191
Chapter 412 of Minnesota Statutes is a compilation of basic laws that govern the authority of
statutory cities in Minnesota, i.e., cities that have not adopted a home rule charter. The City of
Cottage Grove is a statutory city and is governed by chapter 412. Section 412.191, subdivision 2
provides as follows:
Subd. 2.Meetings.
Regular meetings of the council shall be held at such times and places
as may be prescribed by its rules. Special meetings tnay be called by the
mayor or by any two members of a five- member council or three members of
a seven- member council by writingfiled with the clerk who shall then mail a
notice to all the members of the time and place of meeting at least one day
before the meeting. The mayor or, in the mayor's absence, the acting mayor,
shall preside. All meetings of the council shall be open to the public. The
council may preserve order at its meetings, compel the attendance of
members, and punish nonattendance and shall be the judge of the election
388522v l CAH CT155 -1
and qualification of its members. The council shall have power to regulate
its own procedure.
Minn. Stat. § 412.191, subd. 2 (2010)(italies denote emphasis added; bold denotes special
emphasis added). Section 1 -5 -3 B of the City Code repeats the provisions of section 412.191
with respect to the procedure for calling a special meeting.
The language in the statute is not mandatory, and the City is not required to strictly comply with
the statute. The Minnesota Attorney General has opined that the language in section 412.191
(`meetings may be called by the mayor ") is directory, not mandatory, and the statute "merely
sets forth a recommended procedure." Op. A.G. 471 -E (Jan. 22, 1957)(see Attachment 1). In
that opinion, the Attorney General determined that failure to comply with the statute does NOT
invalidate the actions taken at the meeting. The council has the power not only to call meetings,
but it has the implied power to waive the procedures for scheduling meetings. The Attorney
General has also opined that, even when no notice of a special meeting is given under section
412.191, if all council members are present and participate, it is not material that the notice
requirements were not followed.' Op. A.G. 471 -E (Apr. 8, 1946)(see Attachment 2).
In this instance, the city administrator contacted all members of the council to determine their
availability for a special meeting. After all five members had responded, the administrator sent a
meeting invitation to the council members, and all five accepted the meeting invitation. By
responding to those inquiries, the mayor and council effectively filed a written notice with the
city of a special meeting. In addition, the date and time of the special meeting was announced
at two successive meetings of the city council, on June 1 by Council Member Olsen, and on June
15 by Mayor Bailey, and no member of the council or the public objected to the manner in which
the meeting was being scheduled.
As an aside, from my own experience in representing cities for more than 25 years, I know that it
is common in many cities for the clerk or administrator to facilitate the process for scheduling
meetings, in much the same manner as was done in this instance. The City Council has the right
to waive strict compliance with the scheduling process in section 412.191.
Based on the cited attorney general opinions and on the facts recited above, the Council did not
violate the law in proceeding with the meeting on June 24, 2011, and the actions taken at the
meeting are not invalid.
Minnesota Statutes Section 13D.04
All cities are required to comply with the requirements of the Minnesota Open Meeting Law.
Minnesota Statutes, section 13D.04, subdivision 2 sets forth the notice requirements for special
' Please note that the Attorney General opinions were NOT interpreting the notice requirements under the Mirmesom
Open Meeting Law. Chapter 412 and chapter 13D (the Open Meeting Law) are separate and independent statutes.
The Attorney General opinions cited here do not apply to the Open Meeting Law notice requirements. Although the
provisions of section 412.191, subdivision 2 may be waived, the same analysis does not apply to Open Meeting Law
notice requirements.
388522v1 CAH CF155 -1 2
meetings. A full copy of that subdivision is attached to this memo for reference (see Attachment
3), but the applicable notice provisions can be summarized as follows:
1. The City must post written notice of the date, time, place and purpose of the
meeting on the City's principal bulletin board, at least three days before the
meeting date. Mimi. Star. § 13D.04, subd. 2 (a)
2. The City must EITHER:
a. mail "or otherwise deliver" a written notice of the date, time, place and
purpose of the meeting to every person who has filed a written request for
notice of special meetings with the City; which must be done at least three
days before the meeting date, Minn. Stat. § 13D.04, subd. 2(b);
C77
b. as an alternative to mailing or delivering to such persons, publish the notice
once in the official newspaper, at least three days before the meeting, Minn.
Stat. § 13D.04, subd. 2(c).
The City satisfied the requirement under section 13D.04, subdivision 2(a) by posting the notice
of the date, time, and place of the special meeting on the City bulletin board on June 2 and again
on June 20. The June 2 posting identified the purpose as including the authorization of bids on
the Public Safety /City Hall project. The June 20 posting was the formatted meeting agenda and
included notice of additional agenda items (consideration of resolution re CTIB and
consideration of an ordinance re a veterans' memorial). An amended agenda was posted on June
21, which included more specific verbiage regarding the veterans' memorial ordinance. All of
the notices were posted at least three days in advance of the June 24 special meeting. This is the
only manner the statute requires for notifying the general public of meetings.
In speaking with three residents after the meeting, it was apparent that the residents were
confused about the requirements for providing notice, in addition to the posted bulletin board
notice. There is no requirement in the Open Meeting Law that special meeting notices must be
published. A city may choose to publish notice of a special meeting under subdivision 2(c), but
publication under that provision is an alternative or substitute for mailed notice render
subdivision 2(b). The City did not publish notice of the June 24 meeting in the newspaper, and it
was not required to do so.
The most confusion arose concerning the requirement that notice must be mailed or otherwise
delivered to every person who has filed a written request with the City to receive notice of
special meetings. Ms. Andrews asserted that she was entitled to a mailed or otherwise delivered
notice under section 13D.04, subd. 2(b) and that she had not received such a notice. Ms.
Andrews acknowledged that she had received an email sent June 2, 2011 to persons who,
through subscription on the City website, had requested updates on the Public Safety Building
project. She asserted, however, that the email notice did not satisfy the requirements of the
statute for two reasons: (1) the notice was only sent to those persons who had subscribed to the
388522v] CAH CT 155 -1 3
public safety /city hall updates and was not sent to anyone on a general fist; and (2) the notice was
not in a particular "template" for a meeting notice. These assertions are premised on a
misunderstanding of the facts and the law, and both of the assertions were made in error.
Some clarification is needed regarding the list that Ms. Andrews assumed existed — a list of
persons who had filed written requests with the City to receive notice of special meetings. The
city clerk provided me with the following information:
• The City has not received any written requests, in the form of letters, entails, or any other
writing, from any person, in which the person has requested notice of all special meetings
of the city council, or special meetings on particular subjects.
• The City website provides various means for the public to request information from the
City. These include:
• the "Ask the City" link on the website home page (see Attachment 4); although
someone from the public could use this link to request notice of special meetings,
no member of the public has ever done so;
• the Faeebook link on the website home page (see Attachment 4); this link does
not represent that it is used to provide meeting notices, and in fact, Facebook is
not used as the means for giving notice of regular or special council meetings;
• the Faeebook link on the public safety /city hall facility page (see Attachment 5);
this link does not represent to the public that it is a means of requesting notices of
special meetings;
• the email newsletter of listsery for the public safety /city hall building project (see
Attachment 5); again, this website link does not indicate that it is a means of
requesting notices of special meetings; however, the City did post notice of the
June 24 meeting in this newsletter / listsery on June 2, and Ms. Andrews received
the email.
• The City does not operate any other listsery or notification system other than those listed
above, and none of the notification systems listed above holds itself out as a means for
the public to request notice of regular or special meetings.
In short, Ms. Andrews was mistaken in her belief that she had requested notices of special
meetings, and she was mistaken in her belief that others had made such requests. Because no
one had made a request that complies with section 13D.04, subdivision 2(b), the City had no
obligation to give any individual notices by mail or other means. Even if the public safety email
newsletter signup was determined to be a request for meeting notices, the City gave that notice.
There is no requirement that a meeting notice follow any particular "template." The statute only
requires that the notice contain the date, time, place and purpose of the special meeting. The
notice posted in the email newsletter did that. It was not hidden or obscured in the newsletter but
was featured on the front page within a box that highlighted the notice.
The City complied with the applicable requirements of section 13D.04, subdivision 2. It gave
the notice required under paragraph 2(a), with respect to the bidding, CTIB and veterans'
memorial agenda items. Paragraph 2(b) did not apply, because no one had requested in writing
388522v I CAx CT155 -1 4
that they be notified of special meetings. The Council did not need to table the CTIB and
veterans' memorial items, because all required notices had been given for those agenda items, as
well as the authorization of bids agenda item.
Conclusion
The City Council substantially complied with Minn. Stat. § 412.191, subdivision 2 in scheduling
the June 24 special council meeting, and it may use a similar process to schedule meetings in the
future, absent objection by a council member.
The City Council complied with the requirements of the Minnesota Open Meeting Law by
posting notice on its official bulletin board at least three days in advance of the meeting.
Because no one has filed a request for notice of special meetings, the City was not required to
mail or publish notice of the special meeting. Even if subscribing to the newsletter or listsery for
the public safety building project was determined to be a written request for notice of special
meetings on that topic, the City provided notice of that special meeting to everyone on the
listserv.
2 Moreover, even if the meeting had been improperly noticed, violation of the Minnesota Open Meeting Law does
not invalidate the actions taken at the meeting; the remedy for violation of the act is limited to the penalties
prescribed by the law. Sullivan v. Credit River Township, 299 Minn. 170, 177, 217 N.W.2d 502, 507 (1974);
Petition ofD & A Truck Line, Inc., 524 N.W.2d 1, 6 (Minn. App. 1994)
388522vi CAH CTI55 -1 5
a�._ . ,,
I l I . , t, . ' - r'E, ;1 I -`i. J. :.i- ' L L; IC. 1;. d' .
tweet :1 -four how 'rittin. ac't;.ae r:c el nmembare are 'Irra rent ar:e
partloi_aete, action taken at mestjilg is valid. MS 1953 5 412:,Igl,
Subd. 2„
'TanuavY 22v 19
471. -r,
ThO Ron, "heelaak 3m
Vllla °e Rtto
Vill.aga of Ilau otMa
Ar I iry
TVI.Cl TS
e
r ,
On aTtWonbor 11. 1956 the rmYG*+ Gulled a anacsial meeting of
I:G O G"OUnOil for the - j5urpaoo of dla auaalne a ohazw.,e In the
9
=ir
4 !
t �
t
pg'
4 k
+
c +
Mously to present to the vatern the questilon of adopting Plan.
I t was or e pur of submitting the l it the -
:f'f _gall. ,. y.. t A. - 1 R o
the 0. do ser lb od, fl wat h vitliout the v-4
W ritten notico requlrad by tL S. 1t: St bd. ?,
21M �IJTIOF
re a BPOCIfll areativir. Is .. al Lad by t}w mayor t1theut the
t;l�fssar houl. Written t %c"vDlce and ra ? -s. cauunoilman are presez2t a
Vating faVorably on the • i
You note that the ' a' of DT s 4 12 a l9l o 'ts..
I n directax7 a nd not mondatarya The aubdivielon. by s lrsw..
meetin t i iol .'9 .`, Spi,Y ",: t s supplied r: call by the M ayor rin" '+'if one
dD YIS ti i h ry f o rt h 1 '.+ d } i::Y obj
at Zbe notice so required Is obvioun2y to mecure the attendance, of
W is members at t he m ating,
The counal). under Subd, 2 has thi power to determine the
time Orld Place of regular meetings, It mint be presumed that in.
the gets of a meating at 9,*61ch all councilmen are preaent'and voting..
An opinion Of V1.0 Attorney General dnted April 6 lC)h6 file
place f special meeting be given If a ll council a i s •° G ar e presen
ry e
�'�;: Ivy•
The Raann 'Muelook ?. Sl
Bau atta$ fRz auto 3 .. - 'awary 22 1957
6
necessary to amble them to vote "Ith a
e
On thS baste Of a foots as ntated this test hQs rfim
rr
dtLBLRT U. YMV',Y tN
Snecdal naalstaat
F /Mo Attomw-T Qaneral
ed dlaqw1iflad voters to rs' -y; ban
deprived local
' 02, 86 te rs
of thair e" or has deprived voters
of the uvT. C
Ai clY and
6
necessary to amble them to vote "Ith a
e
On thS baste Of a foots as ntated this test hQs rfim
rr
dtLBLRT U. YMV',Y tN
Snecdal naalstaat
F /Mo Attomw-T Qaneral
APril S 1946
Agra 5. Alb {nderaon. M&7or
AU &Sok, Minnesota
lett Your .axe, a #a. to _rt fi w 3=-
r
., __ _�.. _. _..u. -_s e�a•,- �:�- _�.re@i +n +.s mn ''xa. t"m�_ _'.pc.sme d aL.. ` _._ ...
4
SMMLi
"is a 7112�gv of 300 or 350 population allowed
to license cre liqixor otors with off and on eale
=d one With o n
J.,
p y
oA -eae3�
0
ga t
tY 1
pp
�pa�6P L
the istii'
r
., __ _�.. _. _..u. -_s e�a•,- �:�- _�.re@i +n +.s mn ''xa. t"m�_ _'.pc.sme d aL.. ` _._ ...
4
SMMLi
"is a 7112�gv of 300 or 350 population allowed
to license cre liqixor otors with off and on eale
=d one With o n
1dr. J. Albin Pnde.rson
-2-
r "
. u 0,. ° ' ' is • i � �wl 1 y •:.
:'rcti +:.'• d
ANSWER
Prior to the enactme:at -of Mays 1945 Ohspta: 247 the
provision of law relating t'Pdthe number of ft olf sSZa°i lb ®$zaaee
°•
..
In villages of less than 1,000 population., as state: in gluxieeota,
rt(
Statutes 2.241 2ebtion $40 ®11 as amended, was as fa7.'i' o;
t
=..
q
yR
a„ ys Y,
984;Ya y more ..tbA , olie tOf-C Sal-B licanse 4hall,
issued in any sit9 bOrc.'
f
of less ikan 1,000 nciju1i.ti6R.1§_-. ,
This proTI - Sion W'aS. fiowevo4, $Z,1m y
tod - LaWa -3.94.5
4
"
.,
lti ' 7, 04AOr 24:7 wlii6h' sdjsstitut*d t:a �o2,lawing 15iollsi6n k llftbre f or a
C�.L�y, .
` L
q vi
A " I n gq p / y ° �[8� � # � q p / BW .e'.i�
t ha n A.'. ♦ Q�Y.d. �..WJ.�4iM # 6f iild y V'
may be iss ued to Wn wales licanase .0
•a
ore, undv;r Vhs present law sa i the agyn ioae n_x' e
"off u • 'a ., ...
e�lilagae y now bg grante . s to 11aenba
h, R 910
"Does :the., village ha to o 1dy a. ' lice
' they b#,v ;two llgiior otpaiiR •Ox° do th y;,hacve .
t .hayd -Orli ug they have 61 ster Y r f
r a
00$a7Xro is brought to bear d . n the so oil by •
<Y
local Gitisafts for ip oo �+Lfa f mast tha7 e `"
play ors ?
r,
S}88d R
The Gotion of loying pa lit:; en is -VithlA the use
•
-�•:
a
Of t,+& aounci.lm i.b the council concludes that aC�$, €� 'rrj. l '
r..
?
,. ,• . man era requiva they may employ additional po lloomenj
�y+{
MP b.6.1d
t
r "
. u 0,. ° ' ' is • i � �wl 1 y •:.
:'rcti +:.'• d
MPs 34 Albin Andoxson -3- April $, 1046
:
AXSnR "
They can meet it any other designated place in ficaordan
! E
with the by -laws of this village. Moreover, as pointer: out heroin-
before, 'i€' all the members are present and participate in the,
=StAhg, the. geudatiora of the place or the meetinr does not matter.
t is the pr"edure to put in a municipal
The village may adapt an ordim establishing a m o3.-
'liquor store.
�yq LL ppYY c ,
7 tEua3d.I MAY V ,SY
Y4�
to : t£ .. , ; (' •
"if we are to 'bevy out the present liquor
f
t, t: -,, r,
Store do we h9va. to pay him what lus aeas
•. .
-,
.ir it avan if it -is exorbitaantVr
r to 8 ..
•
.ANWER
T3og Under Lawn :19 , ChAA or 417, the gvsation of the
- ppzatir
.paid -for the li,q!Aor storp an y be arbitrated if. o
•.
a$ nt can be rvillihad between. `.,sae village and the prop ibter,
7
"Zf the price is ex6rb tant that `o o4' o
the council rafueo to grant h6 a aaslae a
then wait for him b , b mor*a ii aso lei ..
`e.,'... ..'
art ,
�$ that iB 9. t ETS9 0 ' t • .di.f',hha—
been day for thirty or sixty' y a wi tho6t' 'buy
<
the privately owned. store?"
.
V4 a. -ha7e been iea€'ormed that this matter will soon be peaW3
i
r
b 5
MR. Jo
Albin Anderson
.4 April 8,, 1946
bbtOre
LhO COUrtal. In view
of this we� to
are I -y
SiVe
-SLA. opinion thereon
Yom's �Vary truly
A. A. MINQUIST
Atta=oy asnoj%j
rg? hka #kTSGH
Al.
ATTACHMENT
Minnesota Statutes, Section 13D.04, Subdivision 2
(Emphasis added)
Subd. 2.Special meetings.
(a) For a special meeting, except an emergency meeting or a special meeting for
which a notice requirement is otherwise expressly established by statute, the public body
shall post written notice of the date, time, place, and purpose of the meeting on the
principal bulletin board of the public body, or if the public body has no principal
bulletin board, on the door of its usual meeting room.
(b) The notice shall also be mailed or otherwise delivered to each person who has
filed a written request for notice of special meetings with the public body. This notice
shall be posted and mailed or delivered at least three days before the date of the meeting.
(c) As an alternative to mailing or otherwise delivering notice to persons who
have filed a written request for notice of special meetings, the public body may
publish the notice once, at least three days before the meeting, in the official
newspaper of the public body or, if there is none, in a qualified newspaper of general
circulation within the area of the public body's authority.
(d) A person filing a request for notice of special meetings may limit the request to
notification of meetings concerning particular subjects, in which case the public body is
required to send notice to that person only concerning special meetings involving those
subjects.
(e) A public body may establish an expiration date for requests for notices of special
meetings pursuant to this subdivision and require refiling of the request once each year.
(f) Not more than 60 days before the expiration date of a request for notice, the public
body shall send notice of the refiling requirement to each person who filed during the
preceding year.
388522v1 CAn CP155 -1
eForm City G ovt
°
Otleetlons?
search the City Code >
Get Staff Contact Info >
Contact City Council >
View archived video of
City Meetings >
Register for Park and Rec
Programs >
Find Volunteer
opportunities .>
View Engineering
Standard Detail
Phase
Start/End Utility
Services >
Sign Up for Auto Pay on
my Utility Bill >
Get Info An Recycling >
Apply for a Job >
Go to....
If you are having Problems
Flailing what you are
looking for on the site, . you
can use the search feature
In the upper right side of
the page, or Send u5 an
small at info @tattaga -
grove.org.
-: View the Web Site
Help File
News /Events Parks ;&
4th of July- Celebrations will be
begin at 6:00 p.m. at Kingston Park in
- Cottage Grove with a family style
picnic, games and food on Monday July 4th.
Fireworks will go off around 10 p.m. The Cottage
Grove Lions will be hosting the event and selling
raffle tickets. They will be selling Cold Stone ice
cream, candy, hotdogs, brats plus pap and
water. For more info call Pat at651- 208 -5144.
r Green Garden Awards Does
.someone you know have an extra
green thumb that deserves a little
extra attention, or are you yourself that
ambitious. planter? Nominate a great gardener
you know: for the CG Green Garden Awards!
Follow this linkfor an application form..
Strawberry Pest SK Race Results
l Follow this fink to see the results for
the Strawberry Fast 5K, and great job
to all our participants!
See Full Month's Calendar
June 2011
S M T W T F B
2930 31 1 2 3 4
5 6 7 a 9 30 11
12 13 14 15 16 17 IS
19 20 21 22 23 24 25
26 27 28. 29 36 1 2
3 4 S 6 7 8 9
Sign up to receive.
Public Safety/City
Hail Facility, :Updates
enter email herrQ j GO
Pd, n y6•I G"SefeSubscriba "I
F Em it MarheLnByiu can MM
Citizen's Academy The Cottage Grove Police Department (CGPD) Is
afaring citizens -an "citing opportunity to develop an understanding and
awareness of theCGPD's operational policies and procedures through Its
Citizen's Academy. Classes will be held on Thursdays from 6:30 - 9:30 starting July
14th.. Applications will pe accepted until the class figs. For complete information,
please fallow this link.
New Public Safety / City Hall Facility The City is in the. planning stage
; for the new Public Safety /City Hall facility. It is our Intention to provide
you: with information about the project throughout the process. Please
foi[ow ttr6 link for the latest Information,
a Join us at the FSCH Open house. an Thursday July 7, 2011 at 6:00 p.m. In
City Hall, dick on °follow this link" above for more details.
PFC Reriedlation 3M Company has submitted an Environmental
Assessment Worksheet (EAW) for their East Cove Sediment Removal
Project. The EAW and detailed Work. Plan: can be reviewed by following
this link.
IIIrer Oaks Offers premium Membership to CIS Residents
Just by being a resident of Cottage Grove you am new a °Premium
Member' of River Oaks Golf Course In Cottage: Grove, MN. Follow this
link for full detailel
Beyond the YeRmir Ribbon You are Invited to attend the Beyond the
Yellow Ribbon Committee meeting July 19, 6:00 - 7:30 p.m, at the
Cottage Grove Armory 8180 Belden Blvd. We are looking for volunteers to
help military families. For more info contact Ken Smith at 651 -458 -2882 or
ksmith @cottage- grove.org.
r Want to we what's going on in Cottage Gross? Watch "Cottage
Grove Spotlight" on SWC -TV cable channel 38 at 10 a.m.,,6 p.m. and
1 11:30 p.m. Or follow this limit to view it streamed on the Internet right to
your computer!
fZtUPP M'mi.ry u= eVen,,:try
I Shop
(3ai:S Gilt ✓ online
Cotkag2
sn ri, :. =rime Cc4ru Recreation Grove
Signup
CG Economic A Golf Digest Find and enroll In Find and cunnett with
Development "Four -star Floods act hies for all ages businesses In Cottage
Authority to Play' Grove
Video Tourflool( patsoo Grove
welenna Real assts, and
Heaehcare Relacatun
Education Parks and Recreation
Economic
bi
Visiting Cottage Grove?
Map of Restaurants and
Hotels in the area
,, List of Fork Facilities with
maps and amenities
,c River Oaks. Municipal Golf
Course
» Cottage Grove Ice Arena
�� Cottage Grove Recreation
Dept.
Quick Links
-Current City News
»Archived City News.
"Press Reluctant
r? 2011 Green Garden
Nomination
n2311 -2012. Budget.
»8011 Photo Contest
Details
Comprehensive Plan 2030
(huge 45 mb file)
2011 Annual Saute mrd
Tree Trimming
>�. 2010 water quality
Report
�!. 2010 Cottage Grove
Annual:Report
» Red Rocl( Corridor Web
Sire
r up for Public Safety
updates from Wide
�2 PFBA Information
"social media Networking
Policy
Minnesota state law, OroAte,
of the Session Laws of 2005,
requires that "a city or county
with a population ofmore than
City
http: / /www.cottage- grove.org/ 6/30/2011
.. - .. ..
,4 A
eForms Clty Govt News/Events'
- Commercial a Retail
Projects
,I Stream and Utilities
Projects
If you are having emblems
finding what you are
looking for an the site; you
Can use the search
feature, look for specific
service on the info A to 2
page or se d us an email
at info @cottage-
grove.org.
>? View the Web site
Help File
Parks & Re[
Mayor Invites the Community to Open House 7 /7/11
The Cottage Grove City Council [a hosting another Open House on the planned Public Safety
City Hall cortstmctian project and we am asking for your attendance. The event Is being held on
Thursday, 3uly 7, 2011 beginning at 6:00 PM. We will have the architects, staff, and Council
available to address any questions In this informal setting at the current City Hall, located at
751680th Street in Cottage Greve. At 7= PM we will have a presentation by Wald Architects
describing the various aspects of the building and the site. Afterwards, citizens can ask
questions of the Mayor, City Council,. City staff, and the Architects.
Council Meeting 6/1/2011
At the 6/1/2011 regular Council meeting, the city council approved the land swap agreement
with Washington County, and approved the preliminary plat and final plat for the Ravine
Addition, and the site plan for the new Public Safety /City Hall project. They also considered
several different financing options, and chose the private placement financing. A powerpoint
showing the site plan is available by following this link.
Youtube'Tour of Current Cottage Grove Public Safety Spam
Please click on the fink below and taken video tour of the current Cottage Grove Public Safety
Facility and see why a new Public Safety facility Is needed In Cottage Grove.
http://wwmi.youtube.com/watch?v=iuVNHEDPp7hf
r ?v =vgyri' HGDPp7hf
tt` tike to ati'aasa ttvnotGOednEuocnming a eats pl ease Consider joining us
n Pacabook sign upfoo aurettiaii newslatterby following this link
Full Historical
Current with Upcoming
Events
Archives Information
• Council Presentation
6/112011
• Broad Market
Financial Metrics
4130/11
• Mayor Bailey's
Viewpoint - 418/11
• Resign Development
Submittal
• East: Ravine lard Use
Pion
• Master Planning.
Documents for East
Ravine Park. from
Washington Co.
• Community Meeting
Presentation 3129/11
• Community Meeting
Invitation 3129111
• Council Update
3116/11
(PowerPoint')
• Frequently Asked
Questions 2128111
• Presentation Followup
2/15/11
• Council Update
2116/11
(PowerPoint)
• summary Info sheet
to Date 2/14111
• Updated Concept.
Drawings 2/3111
(large file -4mb)
• Concept
Drawings /Memo
12/14/10
• Presentation at
Community Meetings
on 12/14110
• presentation to City
Council on ii/17/10
• Presentation at
Community Meeting
on 18/28/10
• Letter to the Bulletin
from Public Safety
Director woolery
0127110
• FAQ'sUpdated
9/17/10
• .Bonding Rescinded
0/16/10
• - Updam to the.EDA
9/14/18
• Public Safety Taurs
Offered 4113130
• Update 9/13/10
• Original. Bond
Issuance 9/1110
• Frequently Asked
Questions 8/31[10
• Mayon Responds to
Questions'alls /10
• Architects chosen
8115/10'
• ,City: Council Meeting
Minutes 8111110
• Full Architectural
http: / /www.cottsge- grove.org/ project _updates _pub_safety_bldg,htm 6/24/2011
at 6:00 p.m In City Hall 7516 80th St. S. to authorize the bid process for the new Public
Safety/ City Hall facility. A presentation was given by Wald Architects which can be viewed by
following this link.
5
4
From: Caron Stransky, City Clerk
Date: June 30, 2011
Subject: Special Meetings
At the June 24, 2011 Special Meeting, Dale Andrews questioned whether the meeting was
being legally held, citing Minnesota Statute 412.191. Subdivision 2, that only the Mayor or two
City Council Members could call for a special meeting in writing to the City Clerk and that no
such notice had been given.
Minnesota States states in part that "...a special meeting may be called by the Mayor orany two
members of a five member Council by writing filed with the City Clerk, who shall then mail a
notice to all members of the time and place of the meeting at least one day before the meeting.
The City Council shall have power to regulate its own procedure. "
City Attorney Corrine Heine addressed this argument at the meeting and stated that the
meeting had been called for and posted in a legal manner.
For your information, here is a chronology highlighting the various methods the City of Cottage
Grove utilized to provide notice of the special meeting to the community:
May 19, 2011 - After informing the Mayor and Council of the request for a special
meeting, the City Administrator sent to the City Council a meeting notice through the
City's outlook calendar /scheduling /email software system, setting a special meeting on
Friday, June 24, 2011 for the City Council to consider authorization of the PSCH facility
bid phase. The Mayor and each City Council Member individually accepted the special
meeting date, time, place, and purpose. Since April 2006, Staff has been scheduling
meetings electronically through the Outlook Software program. Other individuals
included on the invitation to attend the special meeting were: City Clerk, City
Administrator, Finance Director, Public Safety Director, Fire Chief, Building Official,
Economic Development Director, City Engineer, Architects, and City Attorney.
June 1, 2011 - Council Member Olson announced during the workshop session that the
City Council would be holding a Special Meeting on June 24 to consider authorization of
the PSCH bid phase. The South Washington County Telecommunications Commission
televised this meeting LIVE and re- televised it on various Cable Channels. The South
Washington County Telecommunications Commission also archived the meeting on
their website.
• June 2, 2011 - Posted the special meeting on the City's public meeting calendar that
was printed and posted on the City's bulletin board.
• June 2, 2011 - Posted the special meeting on the City's web site calendar.
• June 2, 2011 - Posted the special meeting on the PSCH and Associated Project
Schedule on the City's web site.
• June 2, 2011 -Announced the special meeting on the City's Listsery - "Public Safety
Building News ".
• June 8, 2011 - Special meeting mentioned in an Article published in the South
Washington County Bulletin entitled "City Hall Project Financing Settled ".
• June 15, 2011 - Mayor Bailey announced during the regular meeting that the City
Council would be holding a Special Meeting on June 24 to consider authorization of the
PSCH bid phase.
• June 15, 2011 - Article posted on City's website stating the City Council would be
holding a special meeting to authorize the bid process for the new PSCH project.
• June 15, 2010 - Mentioned the special meeting in an article published in the Cottage
Grove Reports mailed to 10,000+ households regarding the new PSCH facility.
• June 15, 2011 - Posted the special meeting on the City's website under Project
Updates- Streets and Utilities.
• June 15, 2011 - Posted the special meeting on the PSCH facility Information Sheet
Update
• June 20, 2011 - Posted the City Council special meeting Agenda on City's bulletin board
and available through a link on the City Council page of City web site.
• June 20, 2011 - City Council packet available through link on City Council page of City
website.
• June 21, 2011 - Posted the Amended City Council special meeting Agenda on City's
bulletin board and available through a link on the City Council page of City web site. The
amendment was adding the proposed veteran's memorial ordinance.
• June 21, 2011 -Added the proposed veteran's memorial ordinance to the City Council
packet. The amended packet was available through link on City Council page of City
website.
• June 22, 2011 - Posted the special meeting on FaceBook.
• June 24, 2011 - Article published in the South Washington County Bulletin.
/cs