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HomeMy WebLinkAbout2001-04-04 MINUTES AGENDA COTTAGE GROVE CITY COUNCIL APRIL 4, 2001 Persons wishing to address the Council during this meeting are asked to �11 out a "Speaker Signup Form"and return the form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are nof a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regular Meeting are televised LIVE, airing on Government Channel 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER— Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS 3. APPROVAL OF MINUTES **A. March 21, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Planning Commission of February 26, 2001. B. Consider accepting donations in the amount of$2,405.00 on behalf of the Public Safety, Fire and Recreation Departments for the 8th Annual Youth Safety Camp. Staff Recommendation:Adopt a resolution accepting the donations. Safety Camp takes place July 17-19. C. Consider adopting a resolution delegating certain hiring authority powers to the City Administrator. Staff Recommendation:Adopt the resolution. This resolution essentially updates the list of employee positions covered under the delegated hiring authority powers of the City Administrafor by repealing Resolution No. 99-33. From time to time, the list must be updated to reflect position title changes. APRIL 4, 2001 AGENDA Cottage Grove City Council D. Consider authorizing staff to purchase workers compensation insurance coverage through the League of Minnesota Cities Insurance Trust for April 3, 2001 to April 3, 2002 for $113,355. Staff Recommendation:Authorize staff to purchase workers compensation insurance coverage. E. Consider waiving the municipal tort liability limits for insurance coverage through the League of Minnesota Cities Insurance Trust (LMCIT). Staff Recommendation: Waive the monetary limits on tort liabilify. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. F. Consider approval of a resolution supporting legislation to restrict the sale of phosphorus lawn fertilizers. Staff Recommendation:Adopt the resolution supporting legislation to restrict the sale of phosphorus lawn fertilizers. G. Consider appointing Jan Wourenma to the Public Works Commission to a term which expires 2/28/03. Staff Recommendation:Approve the appointment. This appointment is recommended by Public Works Commission Chair Ken Boyden, and Public Works Commission Council Liaison Jim Wolcott. **H. Consider appointment of Tami Schwartz to the Parks, Recreation, and Natural Resources commission to serve a two-yearterm beginning March 31, 2001 and ending February 28, 2003. Staff Recommendation:Approve the appointment. **I. Consider accepting donations of gift certificates or merchandise on behalf of the Public Safety, Fire and Recreation Departments for the 8th Annual Youth Safety Camp. Staff Recommendation:Accept donations of gift certi�cates or merchandise on beha/f of the Public Safety, Fire and Recreation Departments for the 8th Annual Youth Safety Camp. **J. Consider authorizing repairs to the City's aerial ladder truck at an estimated cost of$38,000. Staff Recommendation:Authorize the repairs. North Central Emergency Equipment in Kenosha Wisconsin will carry out the repairs. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS 7. BID AWARDS **A. Consider awarding bid for construction of the 2001 Street and Trail Improvement Project to Tower Asphalt, Inc., who was the lowest responsible bidder in the amount of$329,841.00. Staff Recommendation:Adopt a resolution awarding a contract to Tower Asphalt, Inc. for construction of the 2001 Street and Trail Improvement Project in the amount of$329,841.00. **B. Consider awarding bid for construction of the public improvement within the Pine Grove of Cottage Grove Project to Ryan Contracting, Inc., who was the lowest responsible bidder in the amount of$412,876.88. Staff Recommendation:Adopt the resolution awarding a contract to Ryan Contracting, Inc. for construction of the public improvements within the Pine Grove of Cottage Grove project in the amount of$412,876.88. APRIL 4, 2001 AGENDA Cottage Grove City Council 8. UNFINISHED AND NEW BUSINESS A. Consider approving the grading permit allowing Metropolitan Council Environmental Services (MCES) to excavate and haul fill at the Waste Water Treatment Plant at 9211 — 110th Street South. Staff Recommendation:Approve the grading permit allowing MCES to excavate and haul�ll at 9211— 110th Street South. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Response to Council: Citizen Requests to Pull Consent Items. 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 118029 to 118226 in the amount of $232,389.33. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Boards and Commissions. 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 4/2/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL Apri14, 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. Mayor Shiely encouraged persons to limit their remarks to finro (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Jim Kinsey, Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Caron Stransky, City Clerk Bob Long, City Attorney, Kennedy and Graven No one appeared under Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 4, 2001, at the Cottage Grove City Hall, 7516 80'h Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Jim Kinsey, Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Caron Stransky, City Clerk Bob Long, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. Regular Meefing—April 4, 2001 Cottage Grove City Council Page 2 ADOPTION OF AGENDA MOTION BY RICE, SECONDED BY KOHLS, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 5-0. PRESENTATIONS NONE. APPROVAL OF MINUTES Council Member Rice requested page 5 of the March 21, 2001 regular Council meeting minutes be amended. Council Member Rice not Council Member Hale made the motion tabling the appointment of David Lassen. The minutes of the March 21, 2001 Regular Council Meeting were approved as amended. CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PLANNING COMMISSION OF FEBRUARY 26, 2001. B. ADOPT RESOLUTION NO. 01-029 A RESOLUTION ACCEPTING DONATIONS IN THE AMOUNT OF $2,405.00 ON BEHALF OF THE PUBLIC SAFETY, FIRE AND RECREATION DEPARTMENTS FOR THE 8T" ANNUAL YOUTH SAFETY CAMP. C. ADOPT RESOLUT/ON NO. 01-030 A RESOLUTION DESIGNATING CITY ADMINISTRATOR AS PERSONNEL OFFICER, DELEGATING POWER TO APPOINT, DISCIPLINE AND TERMINATE CERTAIN EMPLOYEE POSITIONS, REPEALING RESOLUTION NO. 99-33. D. AUTHORIZE STAFF TO PURCHASE WORKERS COMPENSATION INSURANCE COVERAGE THROUGH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR APRIL 3, 2001 TO APRIL 3, 2002 FOR $113,355.00. E. WAIVE THE MUNICIPAL TORT LIABILITY LIMITS FOR INSURANCE COVERAGE THROUGH THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT). F. ADOPT RESOLUTION NO. 01-031 A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHORUS LAWN FERTILIZERS. G. APPROVE APPOINTMENT OF JAN WUORENMA TO THE PUBLIC WORKS COMMISSION TO A TERM WHICH EXPIRES FEBRUARY 28, 2003. H. APPROVE APPOINTMENT OF TAMI SCHWARTZ TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION TO SERVE A TWO-YEAR TERM BEGINNING MARCH 31, 2001 AND ENDING FEBRUARY 28, 2003. Regular Meeting—April 4, 2001 Cottage Grove City Council Page 3 I. ADOPT RESOLUTION NO. 01-032 A RESOLUTION ACCEPTING DONATIONS FROM SUNSETS OF WOODBURY, OLD COUNTRY BUFFET, TARGET- COTfAGE GROVE, TIMERLODGE STEAKHOUSE, INC., WOODBURY PROEX, ZANTIGO, GALYAN'S TRADING COMPANY, BIRDIES SPORTS PARK, GANDER MOUNTAIN, FOR COTTAGE GROVE'S 8TH ANNUAL YOUTH SAFETY CAMP. J. AUTHORIZE REPAIRS TO THE CITY'S AERIAL LADDER TRUCK AT AN ESTIMATED COST OF $38,000.00. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE. PUBLIC HEARINGS NONE. BID AWARDS A. Consider Awarding the Bid for Construction of the 2001 Street and Trail Improvement Project Public Works Director Les Burshten asked the Council to consider awarding the bid for construction of the 2001 Street and Trail Improvement Project to Tower Asphalt, Inc., the lowest responsible bidder. He stated staff is comfortable with this bid. MOTION BY WOLCOTT, SECONDED BY RICE TO ADOPT RESOLUTION NO. 01-033, A RESOLUTION AWARDINGTHE BID FOR CONSTRUCTION OF THE 2001 STREET AND TRAIL IMPROVEMENT PROJECT TO TOWER ASPHALT, INC., IN THE AMOUNT OF $329,841.00. MOTION CARRIED 5-0. B. Consider Awarding the Bid for Construction of the Public Improvement within the Pine Grove of Cottage Grove Project Public Works Director Les Burshten asked the Council to consider awarding the bid for construction of the public improvements within the Pine Grove of Cottage Grove project to Ryan Contracting, Inc., the lowest responsible bidder. He stated staff is comfortable with this bid. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-034, A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE PUBLIC IMPROVEMENT WITHIN THE PINE GROVE OF COTTAGE GROVE PROJECT TO RYAN CONTRACTING, INC., IN THE AMOUNT OF $412,876.88. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider approving the grading permit allowinq Metropolitan Council Environmental Services �MCES) to excavate and haul fill at the Waste Water Treatment Plant at 9211 — 110th Street South. Regular Meeting—April 4, 2001 Cottage Grove City Council Page 4 Mayor Shiely stated the Metropolitan Council Environmental Services is requesting approval from the City for excavation work to commence at the MCES Plant site. The work proposed would be to allow excavation of the hillside to expand the plant-building pad to what is necessary for the new plant construction. Black and Veatch, the contractor, has applied for a formal site plan review as anticipated by the City when the conditional use permit for the plant was approved. She stated Staff supports issuance of a grading permit for excavation of the overall plant footprint and hauling of material. Community Development Director Kim Lindquist explained that in 1999 the Council approved the conditional use permits for the MCES Treatment Plant. She stated that because it was a design/building process, not all details were available in 1999 and no grading activity could occur until a site plan review process had occurred. She stated MCES has applied for the site plan review process and is scheduled to go to the Planning Commission in April 2001. She stated they are ready to begin excavating a portion of the site. Community Development Director Lindquist stated the proposed grading is to excavate a portion of the bluff area that would allow for the basic plant footprint the Council has already reviewed. She reviewed with the Council the identified concerns including bluff restoration, storm underponding, insuring the setbacks and distances from the bluffs will be maintained. She explained the inconsistencies with the 1999 review stating the main issue identified was the hauling with respect to speed timits and impacts on the streets. Community Development Director Lindquist stated the applicant provided an information packet outlining their ideas for speed limits, signage and public notification. She stated Staff has recommended they meet with Public Safety Director Jim Kinsey to discuss the issues before they begin excavation and hauling. She stated spring road restrictions are presently in force noting the concern regarding impact to the new roads. She clarified that Staff is recommending that any negative impact due to hauling on the roads will be fixed and paid for by MCES. She stated they are to work with Public Works and Engineering to do a walk through prior to start to determine present conditions of roads. She stated this would be monitored during the road restriction period and during the construction process due to the large amount of hauling envisioned. Community Development Director Lindquist stated a significant portion of the fill removal would be located in a stockpile location that is on 3M properties noting it would be within the private drive of the MCES plant. She reviewed her conversation with Public Works Director Burshten noting his concerns about the hauling during the road restrictions. She stated Steve Canney, from Black and Veatch, provided information that clarifies rigorous hauling would not begin for another finro to three weeks depending upon the issuance of the permit. She stated it is the contractor's hope that this will be timed with the lifting of road restrictions, which would lessen most of the present concerns. Mayor Shiely asked how they went about the assessment process that would determine the impact on the roads. Public Works Director Les Burshten explained the assessment process includes videotaping of the site, daily to weekly road checks, and assessing any issues throughout the process for potential problems. Council Member Hale asked if the bulk of the fill would be used on site. Community Development Director Lindquist stated the MCES site is providing fill for the Tradehome site in the industrial park. She stated they are not sure of timing of their construction. This could prompt offsite hauling. She stated she had several easements from 3M and asked Craig Christensen, Metropolitan Council Project Manager, to clarify. Regu/ar Meeting—April 4, 2001 Cottage Grove City Council Page 5 Council Member Hale asked what percentage of the 25,000 yards that will be hauled would be used in the Industrial Park and if there is evidence from 3M that provides permission for the hauling. Public Works Director Les Burshten stated it was his belief that there is 75,000 yards total stating they are stock piling 75,000 on 3M properties and will be hauling 25,000 out, the majority to be used at the Industrial Park. Council Member Hale asked if there were any p�oblems with 3M. He stated that he would move to approve the grading permit with the stipulations referenced in the staff report. He clarified this was not a motion to approve until clarifications have been made. Craig Christensen, Metropolitan Council Project Manager, addressed the Council regarding the easement issues with 3M. He stated they are working to get the documents together noting they do not expect any problems. He stated he spoke with City Staff regarding concerns with construction and damage acknowledging the concerns regarding the road restrictions. He stated the stipulations referenced in the Staff report are reasonable and asked for clarification from Black and Veatch. Steve Canney, Black and Veatch Project Manager, stated the only concern would be if they were held accountable for portions of the roads that may have faults or failures already present. He clarified Craig Christensen's concerns regarding portions of the road that have faults or failure with them noting there is a concern with taking responsibility for them. He confirmed their responsibility for maintenance of the road, keeping it clean and to maintain the integrity of the road. He stated that in terms of videotaping and assessing the road, they want to work with the Public Works Department and do this incrementally throughout the project so all will agree on the condition of the road. He stated there are no issues with their responsibilities regarding conditions of the road noting there is other construction in the area and clarifying that what is being discussed is 110th Street. He stated the service integrity of the road is shared and they are committed to working with all parties involved. City Engineer Jerry Bourdon stated every spring there are load restrictions noting all contractors must have a logistics plan to address potential issues. He clarified no others would be allowed and acknowledged their commitment to take responsibility for road repairs if necessary. He stated their need to ensure the repairs will be adequate and all construction has to have a planned work around with respect to the spring load restrictions. He asked when they anticipate the heavy hauling to begin. Mayor Shiely clarified they would like to be a part of working with Public Works in doing the assessment prior to the time hauling would begin. Mr. Canney stated it would be beneficial to work together initially and periodically throughout the project. He expressed his agreement with City Engineer Bourdon regarding load restrictions. He stated early operations would consist of lighter loads during the first few weeks. He stated the service integrity of the roads is a shared concern. Council Member Wolcott stated his concerns with respect to the road repairs referencing the road construction that was done last year. He stated if there is any damage they must do the repairs and bring the roads back to their original condition. He requested this be included in the agreement. Mr. CannEy stated the only export that would be considered for the first two weeks would be for the Tradehome project to accommodate their schedule if they need the fill. He stated one of the issues with exporting soil and material is that soil has fluctuating values and is affected by transportation costs and need noting timing is important. He stated the initial work would be limited to stock piling Regular Meefing—April 4, 2001 Cottage Grove City Council Page 6 with the Tradehome project noting there will be a small amount of aggregate to import with a limited number of loads in order to prepare the area for vehicular activity. He clarified that there would be no home material removed for the next finro weeks. Council Member Kohls asked if other contractors would be allowed to haul on roads prior to the road restrictions being raised. She asked for clarification regarding penalties for consistent infractions of speed and what decisions have been made with respect to monitoring and enforcing speed limits noting that 110th Street is a 30-mph speed zone. She asked for clarification regarding the grading. She referenced the Planning Commission minutes from a meeting in 1999 involving a discussion referencing a 40-foot setback applies to all existing slopes greater than 18 percent, asking if they were getting into that area and if it would it be a part of the area involved in the grading. Mr. Canney stated initial traffic would involve a low number of vehicles. He stated they would be able to monitor the speed noting there will be attendants managing the road. He stated signs will be posted in the project access road area indicating speed limits and a speed sign will be used to display the actual speed as they enter the project area. He stated the staff for monitoring would be provided by MCES and if there is a need for additional support they will be in contact with the Cottage Grove Police Depa�tment. He stated they are working inside the setbacks that were established by the resolution that was passed by the City. Community Development Director Lindquist and Mr. Canney jointly reviewed the diagram of the site showing the roadway, where it intersects with 110`h and where they will be excavating the site. City Administrator Schroeder clarified they grant permits from time to time referencing Bailey and asked Public Works Director Burshten to clarify. Public Works Director Burshten stated permits are granted based on an individual basis. He stated they do not normally grant large scale at this time referencing the Bailey project on 80th Street that received a large-scale permit for early construction noting it was not a norm confirming individual loads are granted. MOTION BY HALE, SECONDED BY RICE, TO APPROVE THE GRADING PERMIT ALLOWING METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) TO EXCAVATE AND HAUL FILL AT THE WASTE WATER TREATMENT PLANT AT 9211 — 110T" STREET SOUTH. MOTION CARRIED 5-0. Resident Gary Kjellberg addressed the Council. He stated he was a member of the Pavement Management Task Force. He stated it was inappropriate for them to use at this time for the hauling. He stated he is concerned about any potential damage and requested the Council reconsider and asked that they wait like the others until the spring load restrictions have been lifted. Council Member Hale stated his understanding, referencing Item #1, proposing that there would be no transporting of any material offsite until after Engineering and Public Works state it is appropriate to use the roads for such purposes. Mayor Shiely asked for clarification referencing the original planning and potential sites that were discussed and whether they were still committed to the use of new technologies. She asked for clarification with respect to architecture, the way it would be treated and odor removal. She asked if they would be conducting tours and educational projects that would include the new technologies. Regu/ar Meeting—April 4, 2001 Cottage Grove City Council Page 7 Craig Christensen, Project Manager for Metropolitan Council Environmental Services, confirmed that they would be using the latest in technology. He stated that the buildings are split concrete block facing and moisture resistant noting they will have more of a commercial appearance versus industrial. He stated they will be using new technologies with respect to odor removal and the treatment process noting it will be a high quality facility. He stated that discussion is taking place to add energy efficiency and that all of this would be part of the tours for visitors. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Response to Council: Citizen Requests to Pull Consent Items. Mayor Shiely asked for clarification on this issue as to whether it has always been in place or if it was recently added. City Administrator Schroeder referenced the information provided in the meeting packet. He stated that in the brochure provided to the citizens, a line is included that states citizens have an opportunity to pull consent items. He stated he did not know when this was placed in the brochure. Council Member Kohls stated it was included in the brochure from the very beginning. COUNCIL COMMENTS AND REQUESTS Council Member Kohls stated the sound in the room is much better and thanked the Audio Visual group. Council Member Hale referenced the discussion regarding to the waste haulers and the City using the recovery plant in Newport has been resolved now that BFI has agreed to utilize the center. City Attorney Bob Long clarified Council Member Hale's question regarding authority to add to our own ordinance. He referenced the Supreme Court ruling stating it would apply to a local government whether it is city or county with what is called designated flow control ordinance. They would not have the ability to add. It appears it will be resolved as BFI has agreed to comply with the terms of the contract. Council Member Rice stated he had received his water and sewer bill noting it is time to donate to the fireworks for the 4th of July encouraging all to contribute. Mayor Shiely stated the Great Grove Get Together Committee is also open to accepting donations. Council Member Wolcott asked for further clarification to Council Member Hale's questions regarding the waste hauler ordinance. He asked for clarification to add to the ordinance as a license requirement to have them agree to contract. City Attorney Long stated with whoever is providing hauler services to the City, they can require contractually that they take all the trash to the facility. The City could not, by ordinance, require any private hauler doing private business in the City of Cottage Grove, serving residential or commercial, to take it to the facility. He referenced the Supreme Court ruling stating this would be in violation of interstate commerce. City Administrator Schroeder stated for clarification that the exception would be if they had a single hauler that is contracted to do the hauling for the City of Cottage Grove. Regular Meeting—April 4, 2001 Cottage Grove City Council Page 8 Council Member Hale stated this issue should be revisited at some point. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 118029 TO 118226 TOTALING $232,389.33. MOTION CARRIED 5-0. Mayor Shiely called a recess at 8:09 p.m. Mayor Shiely called the meeting back to order at 8:15 p.m. WORKSHOP SESSION — OPEN A. Boards and Commissions Mayor Shiely opened the discussion for the existing rules on Board and Commission Member absences. She stated the present policy is that three consecutive absences or four absences in one year constitutes a removal from the commission. She stated that they have had situations that would have required enforcement. The purpose of this discussion is to review and determine enforcement. Council Member Kohls asked if a discussion should be held regarding leaves of absence stating a need for clarification for reasons to grant a leave. Council Member Wolcott referenced a situation with a part time Police Reserve Officer stating he was required by the City to attend school. He stated that if the person knows this they should be granted a leave if the length of the absence is within reason. He stated he did not see a need for direct involvement from the Council and suggested a Council Liaison could govern this. Mayor Shiely asked if the Council should approve a leave of absence. Council Member Hale stated he is not opposed to it noting the Planning Commission could have significant issues. He advised that at the last meeting, they had a tie vote and were unable to take action. He stated this kind of situation would need to be considered, as this could be critical when a Commission needs to make decision. He stated his reluctance to agree to a leave if it is beyond three to four months stating they would then need to resign. He stated three consecutive absences are a lot and would create too much potential for tie votes. Mayor Shiely acknowledged Council Member Hale's point noting other Commissions such as the Public Works Commission have had issues due to job conflicts during certain times of the year. She stated she is split on how it should be handled due to the fact that they have good people on these Commissions. Council Member Wolcott recommended keeping the ordinance as stated and if a specific circumstance should arise, give it consideration at that time. Council Member Rice expressed his agreement with Council Member Wolcott recommending they leave the ordinance as it is. He stated his concerns regarding absences noting it could impact a Commission's decision-making ability. Regular Meeting—Apri14, 2001 Cottage Grove Cify Council Page 9 Resident Gary Kjellberg addressed the Council stating that he understands the concerns of the Council. He stated that legally an individual could miss up to two months without a change in their current job. He suggested leaving the ordinance as it stands and take each situation on a case-by- case basis. Council Member Wolcott suggested they not make it easy for individuals to miss meetings. He stated they have too many individuals who want to serve on Councils and Commissions and they want to have people who are active and will attend meetings. City Clerk Caron Stransky stated there are still several applicants for openings on the Commissions. Mayor Shiely clarified that she is hearing a consensus to leave the ordinance as it is and to consider each situation on a case-by-case basis. Council Member Kohls stated and confirmed that each situation needs to be looked at and considered based on the issues involved. She stated employers allow for extenuating circumstance and the Council should also give this consideration. She clarified that the decisions would be left to the Council Laison. Council Member Hale asked if the Council was in violation of the Ordinance and if there is consistency in how it is managed. He asked for clarification regarding waivers stating the responsibility to seek a waiver should be with the Commission member. City Attorney Long addressed Council Member Hale's concerns with respect to waivers stating it would be cleaner to have a waiver included and to grant it informally. He stated that with the Ordinance as it reads now, three consecutive absences is viewed as an automatic resignation, noting that by putting this to a vote could add confusion to the present process. City Administrator Schroeder referenced the employment side of leave of absences stating it includes a caveat that after two months the employee is not guaranteed the same position but a like position with the same pay. He stated this protects the employee and does not leave a job open for a long period of time. Council Member Wolcott restated his suggestion to make the Commission member responsible for requesting a waiver stating it must be an extenuating circumstance and requested in writing. Council Member Kohls stated it was her understanding that Council Members follow these guidelines and asked to clarify if there was another process that would apply to them. She asked why the EDA is not included stating they should be included along with the other Commissions. City Attorney Long reviewed section 2-1-6 stating the only issue is that the ordinance governs unless you create a position which states that unless a waiver is submitted formally in writing, this could become an issue of documentation in the future. He recommended amending the ordinance. Council Member Wolcott addressed Council Member Kohl's question stating this does not apply to City Council Members because they are voted into office. He stated there is another process in place that applies to City Council members. He indicated he agreed with Council Member Kohls stating the EDA should be included in this process. He suggested tightening the number of absences and how it would be enforced. Regu/ar Meeting—April 4, 2001 Cottage Grove City Council Page 10 City Clerk Stransky commented that the EDA is governed by their own rules noting she was not sure if this is included in their bylaws. City Administrator Schroeder stated he did not think there was anything included in EDA bylaws. Mayor Shiely recommended this should be up for discussion with the EDA. WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 8:43 P.M. MOTION CARRIED 5-0. Respectfully submitted, _����,,��.�I.t.(,Qi1(�� Bonita Sullivan TimeSaver Off Site Secretarial, Inc. Caron M. Stransky City Clerk