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HomeMy WebLinkAbout2011-06-24 MINUTES COTTAGE GROVE CITY COUNCIL City of Cottage Grove, Minnesota Special Meeting June 24, 2011 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a th special meeting on June 24, 2011 at the Cottage Grove City Hall, 7516 80 Street South. Mayor Bailey called the meeting to order at 6:00 p.m. ROLL CALL The following were present: Mayor Myron Bailey, Council Member Justin Olsen, Council Member Derrick Lehrke. Council Member Lehrke interrupted roll call and asked if he could speak with the City Attorney about the validity of this special meeting. City Attorney Heine addressed the City Council on whether the meeting notices complied with the open meeting law (Minnesota Statute 13, Subsection D) and whether the meeting was called in compliance with Minnesota Statute 412.191. City Attorney Heine explained that under Minnesota Statute 412.191, it states that in a statutory city, a special meeting of the City Council may be called either by the Mayor or by two (2) City Council members. Where the Mayor calls a special meeting, the Mayor is to notify the City Clerk in writing of the special meeting, and the City Clerk is to mail a notice of the special meeting to the City Council members. That did not occur for this meeting but in her view, the doctrine of substantial compliance would apply and a court would not find that the meeting could not proceed. City Attorney Heine stated that the purpose of Minnesota Statute 412.191 is to ensure that there is a procedure in place so that City Council members know how special meetings are called but also so that City Council Members cannot set up a meeting and not let other members of the City Council know. In this case, there was no question that all of the members of the City Council knew about the meeting, when it was going to occur, and that all had consented to the meeting being held. There have been at least two regular (2) meetings of the City Council where all of the members of the City Council were present, where the special meeting was announced. She stated that notice was also posted and all of the City Council members accepted the invitation to hold the meeting. Given all of those factors, she stated that she believes a court would find that there has been substantial compliance with the statute. City Attorney Heine stated that under the Open Meeting Law (M.S. 13.D), when a special meeting is called, the City is required to give three (3) days notice of that meeting by posting it on the public bulletin board, and that was done on June 2, 2011, which was at Cottage Grove City Council 2 June 24, 2011 Special Meeting least three (3) days prior to the meeting. She stated that we also have to provide a notice by mail or other delivery to anyone who has filed a written request with the City Clerk asking to be notified of all special meetings. It is her understanding from talking to the City Clerk that nobody has submitted such a request. People have subscribed to the City’s listserv and everybody on the listserv was notified of this special meeting at least three (3) days prior to the meeting. She stated she does not have the exact date, but it was prior to this meeting occurring, and would comply with the notice requirements for a meeting. City Attorney Heine stated there was a question about the agenda and what the agenda contained and she understands that the initial posting on the listserv identified the topic as the Public Safety/City Hall facility. The posted notice that went on the Bulletin Board originally identified the Public Safety/City Hall facility but subsequently it was revised to include the three (3) items, and re-posted. City Administrator Schroeder stated that the agenda was posted on our website on Monday, June 22 and that the agenda included all three (3) items. City Administrator Schroeder stated that at the May 19, 2011 meeting, on behalf of the Mayor, he sent out a scheduler for this June 24 special meeting and all five City Council members accepted that scheduled appointment. Additionally, on June 1, Council Member Olsen announced that a special meeting would be held on June 24 and nobody objected at the meeting. He stated that we also published a notice of this meeting in several different documents and in several different ways. Council Member Lehrke stated that he was not contending that the notice was given or not given, the notice was given, and he stated he received that notice. He stated the question at hand was that the Mayor or two (2) City Council members must file a notice in writing with the City Clerk. Council Member Lehrke stated that his last question for the City Attorney was what he should do if he does not believe that this meeting was properly called. City Attorney Heine stated that you have stated your objection and in her opinion there would be no penalty for failure to comply with Minnesota Statute 412.191 and there would be no penalty placed upon you for participating in the special meeting if you choose to do so. She commented that that is an issue that you would have to figure out on your own. City Clerk Stransky continued Roll Call: The following were present: Council Member Dave Thiede and Council Member Jen Peterson. The following were absent: None. Cottage Grove City Council 3 June 24, 2011 Special Meeting Also present were: Ryan Schroeder, City Administrator; Caron Stransky, City Clerk; Craig Woolery, Public Safety Director, Robin Roland, Finance Director, Corrine Heine, City Attorney-Kennedy & Graven; and Danette Parr, Economic Development Director. Mayor Bailey presided over the meeting. 1.ADOPTION OF AGENDA Mayor Bailey stated that he would like to pull Items A and C from this agenda and move them to the July 6, 2011 regular meeting agenda. MOTION BY COUNCIL MEMBER THIEDE, COUNCIL MEMBER PETERSON, TO REMOVE ITEMS A AND C FROM THE AGENDA. Mayor Bailey asked City Clerk Stransky to conduct a roll call on the motion. UPON ROLL BEING TAKEN, MAYOR BAILEY VOTED AYE; COUNCIL MEMBER OLSEN VOTED NAY; COUNCIL MEMBER LEHRKE ABSTAINED; COUNCIL MEMBER THIEDE VOTED AYE; AND COUNCIL MEMBER PETERSON VOTED AYE. MOTION CARRIED. 3-1-1. 2.UNFINISHED AND NEW BUSINESS B.Consider Approving Plans and Specifications and Authorizing Advertisement of Bids for the Public Safety/City Hall Facility. John McNamara of Wold Architects provided a brief presentation on the plans and specifications for the new Public Safety/City Hall facility. The presentation included a power point presentation on the overall site plan, the veteran’s memorial, upper and lower level parking lots, exterior and interior of the building, and the cost of the project. Mayor Bailey asked if City Council had any questions for staff or Mr. McNamara. City Administrator Schroeder recommended that whoever makes the motion to approve the plans and specifications, to include a condition that the approval would be contingent upon final review by the project team. Mayor Bailey stated that this is not a public hearing but if anybody would like to speak on this item, to please go to the podium, state your name and address for the record, and keep your remarks to two (2) minutes per person. Cottage Grove City Council 4 June 24, 2011 Special Meeting Dale Andrews, 8430 Keats Avenue South, Cottage Grove, addressed the City Council regarding the validity of this special meeting. She commented that she believes the City Attorney misread her concerns. Ms. Andrews described the process outlined in the Statute on calling a special meeting and she commented that she did not believe that the process was followed. Mayor Bailey advised Ms. Andrews that her time is up. Grace Krumm, no address provided, gave Dale Andrews her two (2) minutes to speak. Ms. Andrews proceeded to highlight the four (4) steps in scheduling a special meeting and stating that a notice was not sent to the City Clerk in writing by the Mayor or two (2) City Council Members with the agenda items. Mayor Bailey mentioned that he has documentation in front of him that shows that you, Dale Andrews, accepted a listserv document for this meeting at 3:03 p.m., on June 2. Ms. Andrews commented that the notice was included in a Public Safety/City Hall article. City Administrator Schroeder reiterated that there was a separate listserv item posted at 3:03 p.m. on June 2 that read, “On June 24, 2011, at 6:00 p.m., a special meeting of the City Council would be held to authorize the bid documents for the new Public Safety/City Hall.” He stated that Ms. Andrews opened that item three (3) minutes later. Council Member Olsen stated that he would like an opinion on what he has heard. MOTION BY COUNCILMEMBER OLSEN, SECONDED BY COUNCIL MEMBER THIEDE, TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT OF BIDS FOR THE PUBLIC SAFETY/CITY HALL FACILITY, CONTINGENT UPON FINAL REVIEW OF THE PROJECT TEAM. Mayor Bailey asked City Clerk Stransky to conduct a roll call vote on the motion. UPON ROLL BEING TAKEN, MAYOR BAILEY VOTED AYE, COUNCIL MEMBER THIEDE AYE, COUNCIL MEMBER PETERSON AYE, COUNCIL MEMBER OLSEN AYE, AND COUNCIL MEMBER LEHRKE ABSTAINED. MOTION CARRIED. 4-1. Cottage Grove City Council 5 June 24, 2011 Special Meeting ADJOURNMENT MOTION BY COUNCIL MEMBER OLSEN, SECONDED BY COUNCIL MEMBER PETERSON, TO ADJOURN THE REGULAR MEETING AT 6:40 P.M. MOTION CARRIED. 5-0. Prepared by, Caron M. Stransky City Clerk