Loading...
HomeMy WebLinkAbout2001-01-03 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL January 3, 2001 OPEN FORUM —7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Acting Mayor Kohls encouraged persons to limit their remarks to two (2) minutes per issue. Present: Acting Mayor Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Caron Stransky, City Clerk Jerry Bourdon, City Engineer, BRAA Jim Kinsey, Director of Public Safety/Chief Corrine Thomson, City Attorney, Kennedy and Graven Les Burshten, Public Works Director Kim Lindquist, Director of Community Development No one appeared to address Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, January 3, 2001, at the Cottage Grove City Hall, 7516 80th Street South. Acting Mayor Kohls called the meeting to order at 7:30 p.m. SWEARING IN OF NEW MAYOR AND CITY COUNCIL MEMBERS Retired Judge Phyllis G. Jones administered the Oath of Office to Sandy Shiely for the office of Mayor for a four-year term to expire on December 31, 2004. She also administered the Oath of Office to Jim Wolcott and Cheryl Kohls for the offices of Council to four-year terms to expire on December 31, 2004. Mayor Shiely thanked Retired Judge Jones for attending the meeting tonight to administer the Oaths of Office. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Regular Meeting—January 3, 2001 Cottage Grove City Council , Page 2 Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Caron Stransky, City Clerk Jim Kinsey, Director of Public Safety/Chief Corrine Thomson, City Attorney, Kennedy and Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Mayor Shiely presided over the meeting. DECLARATION OF VACANCY Mayor Shiely declared there is a Council vacancy that needs to be filled. City Administrator Ryan Schroeder noted the memorandum provided which outlined several options to fill the vacancy. He explained that there may have been flaws in the process used in the past so other options are being presented. City Administrator Schroeder reviewed the five options outlined in the memorandum including tabling action to January 17, 2001; declaring applicant slate preferences and conduct interviews of the applicants; propose a slate of candidates which is then voted up or down; voting on the applicants and then moving on to the interview process; or to interview all applicants for the position. Council Member Kohls proposed inviting all 19 applicants to attend the next Council meeting and present a three to five minute talk about their qualifications. She stated she knows some of the 19 applicants but not all of them and would like to learn of their opinions and thoughts. She suggested this process would be fairer and allow the public an opportunity to learn more about these applicants. Following that process, she suggested a discussion be held by the Council and a decision made. Council Member Rice stated he is prepared to make a decision tonight but would be willing to support the process suggested by Council Member Kohls. Council Member Wolcott stated that while he supports a presentation by the applicants, he does not support opening it to questions and answers. City Administrator Schroeder asked what process will be followed if a Council consensus is not reached on a single candidate. He stated his understanding that if consensus is not achievable, the Mayor has the option to make the decision. City Attorney Corrine Thomson stated the Statute provides for the Council to fill the vacancy but if the vote is evenly divided, the Mayor would make the appointment. She recommend that the process to be followed be declared by Council motion. Council Member Wolcott stated this is a confusing process and asked if the first vote by the Council should be to narrow the slate of candidates. He expressed concern about only having one vote, since there are many good candidates, and stated each Council Member should have two or three votes initially. City Attorney Thomson explained several processes that could be used by the Council to reduce the slate of applicants. Regular Meeting—January 3, 2001 Cottage Grove City Council Page 3 Council Member Kohls suggested that the Mayor make the decision if there is a split vote. But, if there are four separate finalists, then an interview process be followed. Mayor Shiely stated her concern with the way the Council's and Mayor's terms are staggered which results in vacating a seat should a Council Member succeed in running for the office of Mayor. She commented on the need to be careful with how this candidate selection precedent is established to assure it will work again in the future. Mayor Shiely expressed her appreciation to the public for their interest and enthusiasm in filling the Council vacancy. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO DIRECT STAFF TO INVITE ALL 19 APPLICANTS TO THE JANUARY 17, 2001 COUNCIL MEETING TO PROVIDE A THREE-MINUTE SPEECH ON WHY THEY ARE RUNNING FOR OFFICE AND WHY THEY WILL BE A GOOD CANDIDATE. FOLLOWING THE SPEECHES, THE COUNCIL WILL CAST VOTES FOR THE TOP THREE CANDIDATES. MOTION CARRIED 4-0. ADOPTION OF AGENDA MOTION BY WOLCOTT', SECONDED BY RICE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 4-0. PRESENTATIONS None. APPROVAL OF MINUTES The minutes of the November 15, 2000 Council Meeting were approved as presented. The minutes of the December 6, 2000 Council Meeting were approved as presented. CONSENT CALENDAR MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: NONE. B. ADOPT RESOLUTION NO. 01-001, DESIGNATING DEPOSITORIES AND AUTHORIZING INVESTMENT OF SURPLUS CITY FUNDS. C. ADOPT RESOLUT/ON NO. 01-002, APPROVING FINAL PAYMENT IN THE AMOUNT OF $3,093.93 TO DLR EXCAVATING FOR THE GLENGROVE INDUSTRIAL PARK DRAINAGE FLUME PROJECT. D. DESIGNATE THE SOUTH WASHINGTON COUNTY BULLETIN AS THE "OFFICIAL NEWSPAPER" FOR THE PUBLICATION OF LEGAL NOTICES IN 2001 AT A RATE OF $7.31 PER COLUMN INCH. Regular Meeting—January 3, 2001 Cottage Grove City Council Page 4 E. APPROVE APPOINTMENT TO THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION AS FOLLOWS: TRACY PONCIN, 6799 IDSEN AVENUE SOUTH, TO FILL AN UNEXPIRED TERM TO EXPIRE FEBRUARY 28, 2002; MICHAEL G. WATTS, 7348 JORGENSEN AVENUE SOUTH, TO FILL AN UNEXPIRED TERM TO EXPIRE FEBRUARY 28, 2001; AND BART J. FISCHER, 7383 HYDE AVENUE SOUTH, TO FILL AN UNEXPIRED TERM TO EXPIRE FEBRUARY 28, 2001. F. APPROVE THE PUBLIC WORKS DEPARTMENT REORGANIZATION PER THE COUNCIL WORKSHOP OF DECEMBER 20, 2000, AND AMEND THE 2000 PAY PLAN FOR NON- REPRESENTED EMPLOYEES BY ADDING A NEW PAY GRADE FOR A PUBLIC WORKS SUPERVISOR POSITION, AND ADDING AN ARENA/RECREATION MANAGER POSITION TO GRADE V. G. APPOINT HARRY TAYLOR TO THE NEW POSITION OF PUBLIC WORKS SUPERVISOR IN THE PUBLIC WORKS DEPARTMENT. H. AUTHORIZE EXECUTION OF A SETTLEMENT AGREEMENT WITH THE WASHINGTON COUNTY HOUSING AND REDEVELOPMENT AUTHORITY. MOTION CARRIED 4-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. PUBLIC HEARINGS None. BID AWARDS None. UNFINISHED AND NEW BUSINESS A. Consider desipnating the Acting Mavor and appoint Council Liaisons to various commissions and committees for 2001. Mayor Shiely recommended Council Member Rice be appointed as the Acting Mayor and Council liaisons to commissions and committees for 2001 as follows: Economic Development Authority Mayor Shiely and Council Member Wolcott Historic Preservation Advisory Committee New Council Member Human Services/Human Rights New Council Member Planning Council Member Kohls Parks, Recreation & Natural Resources Council Member Rice Public Safety, Health & Welfare Council Member Rice Public Works Council Member Wolcott Great Grove Get Together Committee Mayor Shiely Woodbury Subcommittee Council Members Rice and Wolcott Woodbury/Washington County Mediation Council Members Kohls and Wolcott Regular Meeting—January 3, 2001 Cottage Grove City Council Page 5 Investment Committee Council Members Rice and Kohls Red Rock Commuter Rail Mayor Shiely South Washington Cable Commission Mayor Shiely and Council Member Kohls South Washington Watershed Board Council Member Rice Intergovernment Committee Entire Council MOTION BY WOLCOTT, SECONDED BY KOHLS, TO RATIFY MAYOR SHIELY'S APPOINTMENTS AS INDICATED ABOVE. MOTION CARRIED 4-0. B. Consider authorizing execution of an apreement with After the Gold Rush. Inc./DBA Rodeo re arding issuance of a 2001 liquor license. City Administrator Ryan Schroeder explained that on December 20, 2000, the City Council authorized issuance of a liquor license, one being to After the Gold Rush, Inc.-Minnesota, and DBA Rodeo, conditioned on the licensee paying their 2000 real estate taxes by noon on Friday, December 29, 2000. The business is located on two parcels, one consisting of their building and the other the parking lot. Washington County refused to accept a personal check and indicated they would only accept a cashier's check or a cash payment. As a result, staff administratively extended the deadline to 4:30 p.m., Tuesday, January 2, 2001. He advised that about five years ago a similar situation occurred with the same operator and, at that time, the City negotiated an agreement in December of that year to issue the license contingent upon payment of taxes on the building parcel with the taxes on the parking lot being brought current by the end of January. Based on that background, staff agreed to present a proposal to the City Council for consideration with the understanding that taxes for the building parcel ($38,227.76) would be paid in full. However, the applicant paid taxes on the parking tot parcel ($16,138.97) which is contrary to the proposal offered for Council consideration tonight. Jay Finn, manager of the Rodeo, explained that he had paid taxes on the parking lot parcel in the amount of$16,138.97. He stated he went to the County Government Center to pay these taxes and after that the owner talked to City staff and it was agreed they were to pay $38,227.76 on the building parcel. However, they had already paid taxes on the parking lot parcel. City Attorney Corrine Thomson explained the changes that would have to be made to the agreement should the Council decide to approve it. City Administrator Schroeder stated that absent payment of the taxes on the building, payment of a similar amount should be required to be paid toward the taxes. He stated the total is about $54,000 and only$16,138.97 of that amount has been paid. The other issue is that the establishment does not have a license until a Council motion is made. Mr. Finn stated they are open but not serving alcohol. Council Member Wolcott asked if an additional $20,000 could be paid tomorrow. Mr. Finn stated he would have to ask the owner about that option but he believes the money would be tight since they have other outstanding bills. Council Member Wolcott stated his concern that the same situation occurred five years ago and, at that time, the owner was told the Council did not want it to happen again. He noted payment of taxes is a requirement of the ordinance and while he does not want to hurt the business, it is an obligation of the owners to pay taxes on time. Council Member Wolcott asked Mr. Finn to relay that concern to the owners. Regular Meeting—January 3, 2001 Cottage Grove City Council Page 6 Mr. Finn stated the owner asked if they could transfer their$16,138.97 tax payment to the building parcel and then pay the remaining amount owed. He stated the owners are also willing to take out a loan on the building to pay the remaining taxes, if so required, but it would take a few days to complete that process. Council Member Wolcott suggested they be allowed to pay the entire tax amount by January 15, 2001. Mr. Finn stated he believes that will allow enough time to complete the loan process. Council Member Rice suggested they be allowed a deadline of noon on January 17, 2001 or the Council will take action at the January 17, 2001 meeting. MOTION BY RICE, SECONDED BY WOLCOTT, TO AUTHORIZE EXECUTION OF AN AGREEMENT WITH AFTER THE GOLD RUSH, INC./DBA RODEO REGARDING ISSUANCE OF A 2001 LIQUOR LICENSE AS REVISED TO REQUIRE FULL PAYMENT OF PROPERTY TAXES BY NOON ON JANUARY 17, 2001. MOTION CARRIED 4-0. It was agreed that the establishment will be allowed to serve liquor contingent on full payment of the taxes by noon on January 17, 2001. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Council Member Kohls commented on the newly redesigned City web page which is user friendly and contains a lot of information including programs, meeting minutes, and codes. Council Member Kohls inquired regarding the status of the Anderson's claim. Public Works Director Les Burshten advised that a meeting has been scheduled with the Andersons and the insurance agent at 9:00 a.m. on Wednesday, January 10, 2001. Mayor Shiely stated her respect for her fellow Council Members and appreciation for their willingness to participate wherever needed. She requested a Council meeting be scheduled in late January or early February to establish specific Council goals, such as attracting restaurants to the City. Mayor Shiely stated she would also like a meeting scheduled with the City's commissions and committees to discuss their interests and the Council's goals. Mayor Shiely thanked the Public Works Department for their fantastic job in keeping streets clear during this record setting snowy winter. She asked Public Works Director Burshten to relay that message to his staff. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 116555 TO 116731 TOTALING $317,990.36. MOTION CARRIED 4-0. WORKSHOP SESSION —OPEN None. Regular Meeting—January 3, 2001 Cottage Grove City Council Page 7 WORKSHOP SESSION —CLOSED A. Pendinq Litigation MOTION BY RICE, SECONDED BY WOLCOTT, TO CLOSE THE MEETING. MOTION CARRIED 4- 0. Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Corrine Thomson, City Attorney, Kennedy and Graven The Council met in closed session, pursuant to the open meeting law, to receive an update from the City Administrator on potential litigation. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED 4-0. ADJOURNMENT MOTION BY RICE, SECONDED BY WOLCOTT, TO ADJOURN THE REGULAR MEETING AT 9:30 P.M. MOTION CARRIED 4-0. Respectfully submitted, Caron M. Stransky City Clerk Carla Wirth TimeSaver Off Site Secretarial, Inc.