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HomeMy WebLinkAbout2024-02-06 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, February 6, 2024 6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ MEETING I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANCES 1. Open Meeting Law Review Î City Attorney Kurt Glaser VI. OLD BUSINESS 1. None VII. NEW BUSINESS 1. Zoning Code Use Interpretation Requests Î Max Storage a. Bulk Water Delivery b. Auto Detailing c. UTV Outfitter d. Cabinet Maker VIII. APPROVAL OF MINUTES 1. January 2, 2024 Planning & Zoning Commission Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Council Member Liaison 2. AdministratorÓs Report X. ADJOURNMENT INFORMATION None RELEVANT LINKS: Minn. Stat. § 645.15. See State law does not prohibit meetings on weekends. However, state law Section I-B-2 for more regulating how time is computed for the purpose of giving any required information about notice for special meetings. notice provides that if the last day of the notice falls on either a Saturday or a Sunday, that day cannot be counted. For example, if notice for a special meeting to be held on a Saturday or Sunday is required, the third day of that notice would need to be provided on the preceding Friday. Minn. Stat. § 204C.03. Minnesota election law provides that meetings are prohibited between Minn. Stat. § 202A.19. 6 p.m. and 8 p.m. on any election day, including a local general or special election. Therefore, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between 6 p.m. and 8 p.m. Meetings are also prohibited after 6 p.m. on the day of a major political precinct caucus. See LMC MemberLearn course, Open Meeting Law. II. Open meeting law See LMC information memo, Meetings of City Councils. A. Purpose Minn. Stat. § 13D.01. St. The open meeting law requires that meetings of public bodies must Cloud Newspapers, Inc. v. generally be open to the public. It serves three vital purposes: Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences. Ensures the public’s right to be informed. Gives the public an opportunity to present its views. B. Public notice See section I-Types of council Public notice generally must be provided for meetings of a public body meetings and notice subject to the open meeting law. The notice requirements depend on the requirements. Minn. Stat. § 13D.04, subd. 7. type of meeting. However, if a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements under the open meeting law are satisfied with respect to that person regardless of the method of receipt. C. Location Quast v. Knutson, 276 Minn. The Minnesota Supreme Court has held that, to meet the statutory 340, 150 N.W.2d 199 (1967). requirement that meetings of public bodies shall be open to the public, “it (Holding that a school board violated the open meeting law is essential that such meetings be held in a public place located within the when it held a meeting in a territorial confines of the \[public body\] involved.” room located 20 miles outside the school district). DPO 18- 003. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 12 RELEVANT LINKS: D.Printed materials Minn. Stat. § 13D.01, subd. 6. At least one copy of the printed materials relating to agenda items that are DPO 08-015. DPO 17-006. provided to the council at or before a meeting must also be made available DPO 13-015 (noting that the open meeting law “is silent for public inspection in the meeting room while the governing body with respect to agendas; it considers the subject matter. This requirement does not apply to materials neither requires them nor prohibits them”). DPO 18- classified by law as other than public or to materials relating to the agenda 003. DPO 18-011. Minn. Stat. items of a closed meeting. § 13D.01, subd. 6. E. Groups governed by the open meeting law Minn. Stat. § 13D.01, subd. 1. Under the Minnesota open meeting law, all city council meetings and executive sessions must be open to the public with only a few exceptions. Minn. Stat. § 465.719, subd. The open meeting law also requires meetings of a public body or of any 9. committee, subcommittee, board, department, or commission of a public body to be open to the public. For example, the governing bodies of local public pension plans, housing and redevelopment authorities, economic development authorities, and city-created corporations are subject to the open meeting law. Southern Minnesota The Minnesota Supreme Court has held, however, that the governing body Municipal Power Agency v. of a municipal electric power agency is not subject to the open meeting Boyne, 578 N.W.2d 362 (Minn. 1998). law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. F. Gatherings governed by the open meeting law Moberg v. Indep. Sch. Dist. The open meeting law does not define the term “meeting.” The Minnesota No. 281, 336 N.W.2d 510 Supreme Court, however, has ruled that meetings are gatherings of a (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 quorum or more members of the governing body—or a quorum of a Community Schools, 332 committee, subcommittee, board, department, or commission thereof—at N.W.2d 1 (Minn. 1983). which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. Minn. Stat. § 412.191, subd. For most public bodies, including statutory cities, a majority of its 1. qualified members constitutes a quorum. Charter cities may provide that a Minn. Stat. § 645.08(5). different number of members of the council constitutes a quorum. See Section II-G-4 for more The open meeting law does not generally apply in situations where less information about serial than a quorum of the council is involved. However, serial meetings, in meetings. groups of less than a quorum, that are held to avoid the requirements of the open meeting law may be found to violate the law, depending on the specific facts. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 13 RELEVANT LINKS: G.Open meeting law exceptions Minn. Stat. § 13D.01, subd. 3. There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Under these exceptions some meetings Minn. Stat. § 13D.05, subd. 1 (d). may be closed, and some meetings must be closed. Before a meeting is See Closing a Meeting from closed under any of the exceptions, the council must state on the record DPO. See LMC MemberLearn the specific grounds permitting the meeting to be closed and describe the course, How to Close a subject to be discussed. Meeting, for more information DPO 14-005. The commissioner of the Minnesota Department of Administration has DPO 13-012. advised that a member of the public body (and not its attorney) must make DPO 14-014. the statement on the record. The open meeting law does not define the phrase “on the record,” but the commissioner has advised that the phrase should be interpreted to mean a verbal statement in open session. Free Press v. County of Blue The commissioner has also advised that citing the specific statutory Earth, 677 N.W.2d 471 authority that permits the closed meeting is the simplest way to satisfy the (Minn. Ct. App. 2004). requirement for stating the specific grounds permitting the meeting to be closed. Free Press v. County of Blue Both the commissioner and the Minnesota Court of Appeals have Earth, 677 N.W.2d 471 concluded that something more specific than a general statement is needed (Minn. Ct. App. 2004) (holding that a county’s to satisfy the requirement of providing a description of the subject to be statement that it was closing a discussed. meeting under the attorney- client privilege to discuss “pending litigation” did not satisfy the requirement of describing the subject to be discussed at a closed meeting). All closed meetings, except those closed as permitted by the attorney- Minn. Stat. § 13D.05, subd. 1 client privilege, must be electronically recorded at the expense of the (d). public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.04, subd. 5. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting, the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 14 RELEVANT LINKS: a. Labor negotiations under PELRA Minn. Stat. § 13D.03. A meeting to consider strategies for labor negotiations, including DPO 13-012. negotiation strategies or development or discussion of labor-negotiation proposals, may be closed. However, the actual negotiations must be done at an open meeting if a quorum of the council is present. Minn. Stat. § 13D.03. The following procedure must be used to close a meeting underthis Minn. Stat. § 13D.01, subd. 3. exception: The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. A written record of all people present at the closed meeting must be available to the public after the closed meeting. The meeting must be recorded. See Closing a Meeting from DPO. The recording must be kept for two years after the contract is signed. DPO 05-027. The recording becomes public after all labor agreements are signed by DPO 00-037. the city council for the current budget period. Minn. Stat. § 13D.03, subd. 3. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If the court finds no violation of the open meeting law the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. b. Performance evaluations Minn. Stat. § 13D.05, subd. A public body may close a meeting to evaluate the performance of an 3(a). individual who is subject to its authority. Minn. Stat. § 13D.05, subd. The following procedure must be used to close a meeting under this 3(a). exception: Minn. Stat. § 13D.01, subd. 3. DPO 05-013 (advising that a The public body must identify the individual to be evaluated prior to government entity could close a meeting under this closing the meeting. exception to discuss its The meeting must be open at the request of the individual who is the contract with an independent contractor when that subject of the meeting; so some advance notice to the individual is contractor is an individual needed to allow the individual to make a decision. human being). League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 15 RELEVANT LINKS: Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPO 14-007, DPO 15-002, At the next open meeting, the public body must summarize its and DPO 16-002 (discussing conclusions regarding the evaluation. The council should be careful what type of summary is sufficient). not to release private or confidential data in its summary. c. Attorney-client privilege Minn. Stat. § 13D.05, subd. Meetings between the governing body and its attorney to discuss active, 3(b). threatened, or pending litigation may be closed when the balancing of the Brainerd Daily Dispatch, purposes served by the attorney-client privilege against those served by LLC v. Dehen, 693 N.W.2d 435 (Minn. Ct. App. 2005). the open meeting law dictates the need for absolute confidentiality. The Prior Lake American v. need for absolute confidentiality should relate to litigation strategy, and Mader, 642 N.W.2d 729 (Minn. 2002). DPO 16-003. will usually arise only after a substantive decision on the underlying DPO 17-003. matter has been made. Northwest Publications, Inc. This privilege may not be abused to suppress public observations of the v. City of St. Paul, 435 decision-making process, and does not include situations where the N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & council will be receiving general legal opinions and advice on the Tribune v. Housing and strengths and weaknesses of a proposed action that may give rise to future Redevelopment Authority in and for the City of litigation. Minneapolis, 251 N.W.2d 620 (Minn. 1976). Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Free Press v. County of Before closing the meeting, the council must state on the record the Blue Earth, 677 N.W.2d 471 specific grounds permitting the meeting to be closed and describe the (Minn. Ct. App. 2004) (holding that a general subject to be discussed. statement that a meeting was being closed under the The council should also describe how a balancing of the purposes of attorney-client privilege to the attorney-client privilege against the purposes of the open meeting discuss “pending litigation” did not satisfy the law demonstrates the need for absolute confidentiality. requirement of describing the The council must actually communicate with its attorney at the subject to be discussed). meeting. d. Purchase or sale of property A public body may close a meeting to: Minn. Stat. § 13D.05, subd. Determine the asking price for real or personal property to be sold by 3(c). the public body. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 16 RELEVANT LINKS: Vik v. Wild Rice Watershed Review confidential or nonpublic appraisal data. Dist., No. A09-1841 (Minn. Ct. App. 2010) (unpublished Develop or consider offers or counteroffers for the purchase or sale of opinion). real or personal property. Minn. Stat. § 13D.05, subd. The followingproceduremust be used to close a meeting underthis 3(c). exception: DPO 14-014. Before closing the meeting, the council must state on the record the DPO 08-001 (advising that a specific grounds for closing the meeting, describe the subject to be public body cannot authorize the release of a tape of a discussed, and identify the particular property that is the subject of the closed meeting under this meeting. exception until all property discussed at the meeting has been purchased or sold or the public body has abandoned the purchase or sale). SeeClosing a Meetingfrom The meeting must be recorded and the property must be identified on DPO. the recording. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. A list of council members and all other persons present at the closed meeting must be made available to the public after the closed meeting. The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. e. Security reports Minn. Stat. § 13D.05, subd. A meeting may be closed to receive security briefings and reports, to 3(d). discuss issues related to security systems, emergency response procedures, and security deficiencies in, or recommendations regarding. public services, infrastructure, and facilities, if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made, at an open meeting. Minn. Stat. § 13D.05, subd. The following procedure must be used to close a meeting under this 3(d). exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. When describing the subject to be discussed, the council must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. The closed meeting must be recorded, and the recording must be preserved for at least four years. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 17 RELEVANT LINKS: 2. Meetings that must be closed There are some meetings that the open meeting law requires to be closed. The following meetings must be closed: a. Misconduct allegations Minn. Stat. § 13D.05, subd. A public body must close a meeting for preliminary consideration of 2(b). allegations or charges against an individual subject to the public body’s Minn. Stat. § 13.43, subd. 2(4). authority. DPO 03-020. DPO 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee). The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not “an individual subject to its authority.” DPO 10-001. The commissioner has also advised that a recording of a closed meeting Minn. Stat. § 13.43. for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public. The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd. 1. exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. Note: There is a special provision dealing with The meeting must be open at the request of the individual who is the allegations of law subject of the meeting. Thus, the individual should be given advance enforcement personnel misconduct; see Minn. Stat. § notice of the existence and nature of the charges against him or her, so 13D.05, subd. 2(a) and that the individual can make a decision. section II.G.2.b.- Certain not- public data. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 18 RELEVANT LINKS: DPO 03-020. (Advising that While the law permits the council to announce that it is closing a when a meeting is closed under this exception, Minn. meeting to consider charges against an individual, it is still the best Stat. § 13.43, subd. 2 requires practice not to refer to that individual by name. The council should state the government entity to identify the individual who is only that it is closing the meeting to give preliminary consideration to being discussed). allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if the following not-public data is discussed: Minn. Stat. § 13D.05, subd. Data that would identify alleged victims or reporters of criminal 2(a). sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. Minn. Stat. § 13.32. Minn. Stat. § 13.3805, subd. Internal affairs data relating to allegations of law enforcement 1. personnel misconduct or active law enforcement investigative data. Minn. Stat. § 13.384. Minn. Stat. § 13.46, subds. 2, Educational data, health data, medical data, welfare data or mental 7. health data that are not-public data. Minn. Stat. §§ 144.291- 144.298. Certainmedical records. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd.1. exception: The council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. H. Common issues 1. Data practices Minn. Stat. § 13D.05, subds. Generally, meetings may not be closed to discuss data that is not public 1(a), 2(a). under the Minnesota Government Data Practices Act (MGDPA). See section II.G.2.b.-Certain However, the public body must close any part of a meeting at which not-public data. certain types of not-public data are discussed. Minn. Stat. § 13D.05, subd. If not-public data is discussed at an open meeting when the meeting is 2(a). required to be closed, it is a violation of the open meeting law. Minn. Stat. § 13.03, subd. 11. Discussions of some types of not-public data may also be a violation of the MGDPA. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 19 RELEVANT LINKS: However, not-public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: Minn. Stat. § 13D.05, subd. The disclosure relates to a matter within the scope of the public body’s 1(b). authority. The disclosure is necessary to conduct the business or agenda item before the public body. Minn. Stat. § 13D.05, subd. Data that is discussed at an open meeting retains its original classification 1(c). under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not-public data that is discussed at an open meeting not be specificallydetailed in the minutes. 2. Interviews Channel 10, Inc. v. Indep. The Minnesota Supreme Court has ruled that a school board must Sch. Dist. No. 709, 215 interview prospective employees for administrative positions in open N.W.2d 814 (Minn. 1974). sessions. The court reasoned that the absence of a statutory exception indicated that the Legislature intended such sessions to be open. As a result, a city council should conduct any interviews of prospective officers and employees at an open meeting if a quorum or more of the council will be present. Mankato Free Press v. City of The Minnesota Court of Appeals considered a situation where individual North Mankato, 563 N.W.2d council members conducted separate, serial interviews of candidates for a 291 (Minn. Ct. App. 1997). city position in one-on-one closed interviews. The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, No. C9-98- done to avoid the requirements of the open meeting law. This decision 677 (Minn. Ct. App. Dec. 15, 1998) (unpublished decision). was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process should first consult their city attorney. 3. Informational meetings and committees St. Cloud Newspapers, Inc. v. The Minnesota Supreme Court has held that informational seminars about Dist. 742 Community Schools, school-board business, which the entire board attends, must be noticed 332 N.W.2d 1 (Minn. 1983). and open to the public. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 20 RELEVANT LINKS: As a result, it appears that any scheduled gatherings of a quorum or more of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings and work sessions where members receive information that may influence later decisions. Many city councils create committees to make recommendations regarding a specific issue. Commonly, such a committee will be responsible for researching the issue and submitting a recommendation to the council for its approval. These committees are usually advisory, and the council is still responsible for making the final decision. This type of committee may be subject to DPO 08-007. DPO 13-015. the open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include: how the committee was created and who its members are; whether the committee is performing an ongoing function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. DPO 05-014. For example, the commissioner of the Minnesota Department of Administration has advised that “standing” committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or “ad hoc” function. DPO 07-025. In contrast, the commissioner has advised that a city’s Free Speech Working Group, consisting of citizens and city officials appointed by the city to meet to develop and review strategies for addressing free-speech concerns relating to a political convention, was not subject to the open meeting law. The advisory opinion noted that the group did not have decision-making authority. A.G. Op. 63a-5 (Aug. 28, It is common for city councils to appoint individual council members to 1996). act as liaisons between the council and particular council committees or Sovereign v. Dunn, 498 N.W.2d 62 (Minn. Ct. App. other government entities. The Minnesota Court of Appeals considered a 1993). situation where the mayor and one other member of a city council DPO 07-025. attended a series of mediation sessions regarding an annexation dispute that were not open to the public. The Court of Appeals held that the open meeting law did not apply to these meetings concluding “that a gathering of public officials is not a ‘committee, subcommittee, board, department or commission’ subject to the open meeting law unless the group is capable of exercising decision- making powers of the governing body.” League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 21 RELEVANT LINKS: The Court of Appeals also noted that the capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body and could also arise where there has been a delegation of power from the governing body to the group. If a city is unsure whether a meeting of a committee, board, or other city entity is subject to the open meeting law, it should consult its city attorney or consider seeking an advisory opinion from the commissioner of the Minnesota Department of Administration. Thuma v. Kroschel, 506 Notice for a special meeting of the city council may be needed if a N.W.2d 14 (Minn. Ct. App. quorum of the council will be present at a committee meeting and will be 1993). DPO 16-005. participating in the discussion. For example, when a quorum of a city council attended a meeting of the city’s planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law not because the council members simply attended the meeting but because the council members conducted public business in conjunction with that meeting. A.G. Op. 63a-5 (Aug. 28, Based on this decision, the attorney general has advised that mere 1996). attendance by council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate special-meeting notice of a city council meeting. 4. Social gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council members will not be considered a Dist. 742 Community Schools, meeting subject to the requirements of the open meeting law if there is not 332 N.W.2d 1 (Minn. 1983). Moberg v. Indep. Sch. Dist. a quorum present, or, if a quorum is present, if the quorum does not No. 281, 336 N.W.2d 510 discuss, decide, or receive information on official city business. The (Minn. 1983). Hubbard Broadcasting, Inc. v. City of Minnesota Supreme Court has ruled that a conversation between two city Afton, 323 N.W.2d 757 council members over lunch about a land-use application did not violate (Minn. 1982). the open meeting law because a quorum of the council was not present. 5. Serial meetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has noted that meetings of less than a No. 281, 336 N.W.2d 510 quorum of a public body held serially to avoid a public meeting or to (Minn. 1983). DPO 10-011. DPO 06-017. fashion agreement on an issue of public business may violate the open meeting law. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 22 RELEVANT LINKS: Mankato Free Press v. City of The Minnesota Court of Appeals considered a situation where individual North Mankato, 563 N.W.2d council members conducted separate, serial interviews of candidates for a 291 (Minn. Ct. App. 1997). city position in one-on-one closed interviews. The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, No. C9-98- done to avoid the requirements of the open meeting law. This decision 677 (Minn. Ct. App. Dec. 15, 1998) (unpublished decision). was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 6. Training sessions Compare St. Cloud It is not clear whether the participation of a quorum or more of the Newspapers, Inc. v. Dist. 742 members of a city council in a training program would be defined as a Community Schools, 332 N.W.2d 1 (Minn. 1983) and meeting under the open meeting law. The determining factor would likely A.G. Op. 63a-5 (Feb. 5, be whether the program includes a discussion of general training 1975). DPO 16-006. information or a discussion of specific matters relating to an individual city. A.G. Op. 63a-5 (Feb. 5, The attorney general has advised that a city council’s participation in a 1975). DPO 16-006. non-public training program devoted to developing skills was not a meeting subject to the open meeting law. The commissioner of the Department of Administration has likewise advised that a school board’s participation in a non-public team-building session to “improve trust, relationships, communications, and collaborative problem solving among Board members,” was not a meeting subject to the open meeting law if the members are not “gathering to discuss, decide, or receive information as a group relating to ‘the official business’ of the governing body.” However, the opinion also advised that if there were to be any discussion of specific official business by the attending members, either outside or during training sessions, it could be a violation of the open meeting law. 7. Telephone, email, and social media Moberg v. Indep. Sch. Dist. It is possible that communication through telephone calls, email, or other No. 281, 336 N.W.2d 510 technology could violate the open meeting law. (Minn. 1983). League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 23 RELEVANT LINKS: DPO 17-005 (advising The Minnesota Supreme Court has indicated that communication through communication through a letters and telephone calls could violate the open meeting law under letter violated the open meeting law). certain circumstances. Best practice to share information with the entire council is to send it to city staff and have them distribute it. If a council member needs to email the entire council, they should use blind carbon copy (BCC) to add recipients to avoid accidental use of reply all which may constitute the initiation of a discussion among a quorum of the public body. DPO 09-020. DPO 14-015. The commissioner of the Department of Administration has advised that back-and-forth email communications among a quorum of a public body that was subject to the open meeting law in which the members commented on and provided direction about official business violated the open meeting law. However, the commissioner also advised that “one-way communication between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decision-making ensues.” O’Keefe v. Carter, No. A12- In contrast, an unpublished decision by the Minnesota Court of Appeals 0811 (Minn. Ct. App. Dec. concluded that email communications are not subject to the open meeting 31, 2012) (unpublished decision). law because they are written communications and are not a “meeting” for purposes of the open meeting law. The decision also noted that even if email communications are subject to the open meeting law, the substance of the emails in question did not contain the type of discussion that would be required for a prohibited “meeting” to have occurred. The court of appeals noted that the substance of the email messages was not important and controversial; instead, the email communications discussed a relatively straightforward operational matter. The decision also noted that the town board members did not appear to make any decisions in their email communications. Because this decision is unpublished, it is not binding precedent on other courts. In addition, the outcome of this decision might have been different if the email communications had related to something other than operational matters, for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. Minn. Stat. § 13D.065. The open meeting law was amended in 2014 to provide that “the use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public.” Email is not considered a type of social media under the new law. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 24 RELEVANT LINKS: The open meeting law does not define the term “social media,” but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn, Instagram, and Twitter through which users create online communities to share information, ideas, and other content. It is important to remember that the use of social media by council members could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, council members should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi-judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. See II-H-5 - Serial meetings. It is also important to remember that serial discussions between less than a quorum of the council could violate the open meeting law under certain circumstances. As a result, city councils and other public bodies should take a conservative approach and should not use telephone calls, email, or other technology to communicate back and forth with other members of the public body if both of the following circumstances exist: A quorum of the council or public body will be contacted regarding the same matter. Official business is being discussed. Minn. Stat. § 13.02, subd. 7. Another thing council members should be careful about is which email account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a public-records request under the Minnesota Government Data Practices Act (MGDPA). The best option would be for each council member to have an individual email account that the city provides, and city staff manage. However, this is not always possible for cities due to budget, size, or logistics. If council members don’t have a city email account, there are some things to think about before using a personal email account for city business. First, preferably only the council member should have access to the personal email account. Using a shared account with other family members could lead to incorrect information being communicated from the account, or incoming information being inadvertently deleted. Also, since city emails are government data, city officials may have to separate personal emails from city emails when responding to a public-records request under the MGDPA. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 25 RELEVANT LINKS: Second, if the account a city council member wants to use for city business is tied to a private employer, that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a council member’s email communications on the private employer’s equipment or to restore files from a backup or archive. See Handbook, Records What may work best is to use a free, third-party email service, such as Management, for more Gmail or Hotmail, for your city account and to avoid using that email information about records management. account for any personal email or for anything that may constitute an official record of city business since such records must be retained in accordance with the state records-retention requirements. I. Advisory opinions 1. Department of Administration Minn. Stat. § 13.072, subd. 1 The commissioner of the Minnesota Department of Administration has (b). See Minnesota authority to issue non-binding advisory opinions on certain issues related Department of Administration, Data to the open meeting law. The Data Practices Office (DPO) handles these Practices for an index of requests. advisory opinions. See Requesting an Open A public body, subject to the open meeting law, can request an advisory Meeting Law Advisory opinion. A person who disagrees with the way members of a governing Opinion. body perform their duties under the open meeting law can also request an advisory opinion. 2. Attorney General Minn. Stat. § 8.07. The Minnesota Attorney General is authorized to issue written advisory See index of Attorney opinions to city attorneys on “questions of public importance.” The General Advisory Opinions from 1993 to present. Attorney General has issued several advisory opinions on the open meeting law. J.Penalties Minn. Stat. § 13D.06, subd. 1. Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). occurrence. The public body may not pay the penalty. A court may consider a council member’s time and experience in office to determine the amount of the civil penalty. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 26 RELEVANT LINKS: Minn. Stat. § 13D.06, subd. 2. An action to enforce this penalty may be brought by any person in any O’Keefe v. Carter, No. A12- court of competent jurisdiction where the administrative office of the 0811 (Minn. Ct. App. Dec. 31, 2012) (unpublished governing body is located. decision). In an unpublished decision, the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law. This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. Minn. Stat. § 13D.06, subd. 4. The court may also award reasonable costs, disbursements, and attorney See LMC information memo, fees of up to $13,000 to any party in an action alleging a violation of the LMCIT Liability Coverage Guide, for information about open meeting law. The court may award costs and attorney fees to a insurance coverage for defendant only if the action is found to be frivolous and without merit. A lawsuits under the open meeting law. public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Minn. Stat. § 13D.06, subd. 4. If a party prevails in a lawsuit under the open meeting law, an award of reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion from the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is required to give deference to the advisory opinion. Minn. Stat. § 13D.06, subd. 4 No monetary penalties or attorney fees may be awarded against a member (d). Coalwell v. Murray, No. of a public body unless the court finds that there was intent to violate the C6-95-2436 (Minn. Ct. App. Aug 6, 1996) (unpublished open meeting law. decision). Elseth v. Hille, No A12-1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). Minn. Stat. § 13D.06, subd. 3 If a person is found to have intentionally violated the open meeting law in (a). Brown v. Cannon Falls three or more separate actions involving the same governing body, that Twp., 723 N.W.2d 31 (Minn. Ct. App. 2006). person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Minn. Stat. § 13D.06, subd. 3 If a court finds a separate, third violation that is unrelated to the previous (b). violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case Minn. Const. art. VIII, § 5. of any other vacancy. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 27 RELEVANT LINKS: To constitute malfeasance or nonfeasance, a public official’s conduct must Jacobsen v. Nagel, 255 Minn. affect the performance of official duties and must relate to something of a 300, 96 N.W.2d 569 (1959). substantial nature directly affecting the rights and interests of the public. Jacobsen v. Nagel , 255 “Malfeasance” refers to evil conduct or an illegal deed. “Nonfeasance” is Minn. 300, 96 N.W.2d 569 described as neglect or refusal, without sufficient excuse, to perform what (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). is a public officer’s legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v. Credit River Twp., The open meeting law does not address whether actions taken at a meeting 299 Minn. 170, 217 N.W.2d that does not comply with its requirements would be valid. 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Minnesota courts have generally refused to invalidate actions taken at an Township, 217 N.W.2d 502 improperly closed meeting because this is not a remedy the open meeting (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. law provides. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. Quast v. Knutson, 276 Minn. But the Minnesota Supreme Court has held that an attempted school 340, 150 N.W.2d 199 (1967). district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III.Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city’s problems and help create support for programs suggested by the council. Minn. Stat. § 13D.01, subd. 6. Citizens must be able to hear the discussion at a meeting and must be able to determine who votes for or against a motion. DPO 08-015. DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or otherwise participate in any discussions unless the mayor or the presiding Minn. Stat. § 412.191, subd. 2. officer recognizes them for this purpose. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 28 Memorandum Date: January 30, 2024 To: Honorable Chair and Commissioners City of Centerville Planning and Zoning Commission From: Mark Statz, PE Î City Administrator/Engineer Subject: Permitted Uses Evaluation Î Max Storage About a year ago, the Planning and Zoning Commission approved a Conditional Use Permit for a development known as ÐMax StorageÑ. The development consisted of two buildings, each with 8 bays available for rent as storage units, with other uses allowed as explained below. The bays each have a large overhead door and a person-door access. The spaces are large enough to accommodate multiple vehicles, including dock-trucks or similar equipment. They also contain a restroom, floor drain, heat and a few other amenities. The recorded Conditional Use Permit says: mentioned as permitted or conditional uses elsewhere in this Chapter. Therefore, we have brought ths decision forward to you for review: Proposal 2 - Auto Detailer The business consists of Auto Detailing (intense interior and exterior cleaning), window tinting and the installation of other auto accessories, such as protective films, etc. No vehicle repair is done. Traditional vehicle repair, such as oil changes, brake jobs, engine work and the like are not part of the business model. These activities involve noise, hazardous and noxious materials, and other such complications which do not exist with the types of services offered here. Therefore, Automobile and Motorized Equipment ServiceÈÑ is not an appropriate parallel use. Activities involved in the installation of tinting and accessories seem to most closely mirror that of the ÐMachine and Repair Shops (indoors);Ñ a Permitted Use within the zoning district. The auto detailing portion of this business could also be considered closely similar to ÐCar Wash;Ñ a Permitted Use, in the Industrial District. StaffÓs recommendation is to allow the use as a Permitted Use with the finding that it is Ðclosely similarÑ to the Machine and Repair Shops (indoors) and Car Washes uses; Permitted Uses on the Table of Allowed Uses in City Code. The Planning and Zoning Commission should take formal action to endorse this recommendation or make a differing interpretation. Proposal 3 - UTV Outfitter The proposed business installs lights, decals, and other accessories on Utility Terrain Vehicles (UTVs), as required to outfit them for use by public safety agencies (police, fire, etc.). No vehicle repair is done. Traditional vehicle repair, such as oil changes, brake jobs, engine work and the like are not part of the business model. These activities involve noise, hazardous and noxious materials, and other such complications which do not exist with the types of services offered here. Therefore, Automobile and Motorized Equipment ServiceÈÑ is not an appropriate parallel use. Activities involved in the installation of lights, decals and accessories seem to most closely mirror that of the ÐMachine and Repair Shops (indoors);Ñ a Permitted Use within the zoning district. StaffÓs recommendation is to allow the use as a Permitted Use with the finding that it is Ðclosely similarÑ to the Machine and Repair Shops (indoors) uses; a Permitted Use on the Table of Allowed Uses in City Code. The Planning and Zoning Commission should take formal action to endorse this recommendation or make a differing interpretation. Proposal 4 - Cabinet Maker A cabinet maker intends to store delivery and other company trucks inside the bay. Woodworking and cabinet manufacturing and assembly will also take place within the building. Provisions for dust collection have been made and the unit is equipped with fire suppression equipment. The Zoning Administrator has determined that the cabinet making and assembly portion of the business is a Conditional Use, allowed via a Conditional Use Permit (CUP) under the ÐManufacturing, processing, assembly except recycling and wasteÑ use category. A CUP application should be submitted for consideration as required by city code and the buildingÓs recorded CUP (Conditions 3 & 4). The storage of the trucks, without the assembly or woodworking would be allowed as a permitted use under the buildingÓs existing CUP. If the Planning and Zoning Commission disagrees with the determination of the Zoning Administrator and finds that the use is closely similar to a Permitted Use on the Table of Allowed Uses, they may take formal action to authorize the use. If the Planning and Zoning Commission agrees with the decision of the Zoning Administrator, no further action is required at this time as we await the submission of a formal Conditional Use Permit Application. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission was held in Council Chambers on Tuesday, January 2, 2024, at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30p.m. 1. Swearing-in of Commissioner Kalina Assistant Administrator Lewis administered the oath of office to Dawn Kalina. 2. Roll Call Approved Present: Vice-Chair Commissioner Jon Krueger Commissioner Darrell (DJ) Olson, Jr. Commissioner Bruce Thompson Commissioner Richard Nelson Commissioner Dawn Kalina Absent: Commissioner Linda Broussard-Vickers Vacancy: One Staff: Assistant City Administrator, Athanasia Lewis Council Council Member Russ Koski II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA There were no revisions to the agenda. Motion by Commissioner Thompson, seconded by Commissioner Nelson to Approve the Agenda. All in favor. Motion carried. IV. PUBLIC HEARING (6:30 PM or shortly thereafter) 1. None V. AWARDS, PRESENTATIONS, APPEARANES 1. None VI. OLD BUSINESS 1.None VII. NEW BUSINESS 1. Resignation of Commissioner Kuiper Assistant Administrator Lewis introduced this item as presented in the packet. The Commission expressed their appreciation for Commissioner KuiperÓs service to the city. Page 1 of 3 City of Centerville Planning and Zoning Commission January 2, 2024 Motion by Commissioner Olson, seconded by Commissioner Nelson to accept the resignation of Les Kuiper. All in favor. Motion carried. 2. Election of a Chair and Vice Chair Assistant Administrator Lewis introduced this item as presented in the packet. Motion by Commissioner Thompson, seconded by Commissioner Olson to appoint Commissioner Krueger as Chair. All in favor. Motion carried. Motion by Commissioner Olson, seconded by Commissioner Thompson to appoint Commissioner Olson as Vice Chair. All in favor. Motion carried. 3. Concept Plan Î LaLonde Redevelopment Î Ebert Companies Assistant Administrator Lewis introduced this item as presented in the packet. Assistant Administrator Lewis reviewed the staff memo, shared Commissioner Broussard-VickerÓs concerns about parking (not enough) and provided comments from the city planner. Comments from the city planner: 1) Concept. The basic development concept and land use for 3-story apartments is very good. Higher density housing is needed in Downtown Centerville to provide a critical mass of activity. Parking under the building is a good idea for resident convenience and site aesthetics. 2) Density. The density of 90-110 units on 2.9 acres comes to about 31-38 un/ac, within the range of 12-45 un/ac in the Downtown mixed-use district and totally appropriate. This is where Centerville should have its highest density. 3) Orientation. The orientation of the building and site amenities facing out to the lake is appropriate for this setting and would be very attractive to residents and respectful of the lake environment. 4) Placement/Use of Site. The concept completely fills the site out to the north and east sides, leaving little room for green space at the entry experience or buffering on those two sides. On the north side the structure would rise most of its four levels very close to the lot line, shadowing the yards of the existing homes about 200 ft away. Allowing the building and parking right up to Westview Street on the south is acceptable and appropriate for Downtown, however. 5) Grading/Topography. The site topography is a challenge. The property slopes about 30 ft from the existing homestead down to Main Street toward the lake. The 3D perspective may not accurately capture the grading needed for this development concept. If the east side parking lot and entry are set at about existing grade in those locations, the 24-stall SW parking lot might need a tall retaining wall on its west side to make grade down to Main Street. On the north side toward the existing single-family neighbors there would likely be a long-exposed façade of the parking level. There may be ways to work better with the natural slope of the lot. Page 2 of 3 City of Centerville Planning and Zoning Commission January 2, 2024 6) Architecture. The architectural suggestions are good Î some staggering and details in the façade, use of brick or stone. The treatment of the exposed parking level will need careful attention. 7) Parking. The parking ratio of 1.5 to 1.7 spaces per unit is typical of multi-family projects in the suburbs. Parking needs have generally fallen in the last few decades and few communities require 2 or more spaces per unit. The parking should be part of the unit rental and not a separate charge to residents. 8) Future Development. There is a suggestion for future development on the property to the south, which is not part of this review, but which should be carefully considered since it sets the character for an important corner of Downtown Centerville. Ebert representatives gave a presentation on the project and answered questions from the Commission. Discussion ensued about buffering between the site and the school, parking, traffic circulation, pedestrian crossing, French architecture (emphasizing its importance), and safety Î the commission would like a traffic study done to determine if the stop sign at Centerville Rd and Main is adequate or if a stop light is needed due to blind spots/other reasons. There was also a discussion about Tax Increment Financing (TIF) and what terms and conditions the city council is considering for the project (if approved). Motion by Commissioner Thompson, seconded by Commissioner Olson to approve the LaLonde Concept Plan. All in favor. Motion carried. VIII. APPROVAL OF MIN UTES 1. December 5, 2023, Planning & Zoning Commission Meeting Minutes Motion by Commissioner Nelson, seconded by Commissioner Thompson to approve the December 5, 2023, Planning and Zoning Commission minutes. All in favor. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Council member Koski welcomed Commissioner Kalina to the Planning and Zoning Commission; he thanked Commissioner Kuiper and former Junior Council member Rowan Shaw for their service to the city. Council member Koski also thanked the Centennial Police and Centennial Fire Departments for organizing food drives and helping distribute Christmas gifts over the holidays. Commissioner Koski also thanked the Centerville Lions for the Christmas in the Park event. Council member Koski also reported that he attended an Anoka County Officials meeting. 2. AdministratorÓs Report Assistant Administrator Lewis reviewed the report as presented in the packet. X. ADJOURNMENT Motion by Commissioner Olson, seconded by Commissioner Krueger to adjourn the meeting at 7:45 p.m. All in favor. Motion carried. Page 3 of 3 AdministratorÓs Report January 24, 2024 City Council Jr. Councilmember Avery Sauber was sworn into office on January 10, 2024. After taking her oath, Jr. Councilmember Avery Sauber was seated next to the council, where she participated in her first meeting as part of the Centerville City Council. Welcome aboard Jr. Councilmember Avery Sauber. We look forward to working with you this year! CENTERVILLE CARES January is National Blood Donor Month January is National Blood Donor Month, which has been recognized every year since 1970. Raising awareness about blood donation is important, because a single donation can save lives. Per AmericaÓs Blood Centers, the national organization bringing together community-based, independent blood centers, only three (3) percent of the U.S. population donates blood annually, and a blood transfusion occurs every two seconds. The American Red Cross recognizes that winter months are an especially difficult time of year for blood collection, due to busy holiday schedules, inclement weather, and seasonal illnesses. Ways you can observe National Blood Donor Month 1. Donate now and every couple of months afterward 2. Inspire people to create an exponential increase in blood donations 3. Learn and remember your blood type Click here to find a blood center near you. Click here to learn more about National Blood Donor Month. COMMUNITY ENGAGEMENT Volunteer Opportunities Open Board Positions Please call city hall at 651-429-3232 with any questions you may have regarding the following openings. If you are interested in applying, scan the QR Code or visit the CityÓs website for an application. ADMINISTRATION Early Voting Now Open You may now come to city hall to vote in the Presidential Nomination Primary. The primary will be held on February 27, 2024. Meeting and City Hall Schedule January 24, 2024, 5:00 p.m/6:30 p.m. Î City Council WS & Regular CC M February 6, 2024, 6:30 p.m. Î Planning & Zoning Commission February 7, 2024, 6:30 p.m. Î Parks & Recreation Committee February 19, 2024, City offices will be Closed February 21, 2024, 6:30 p.m. Î Economic Development Authority PARKS & RECREATION ÐName a Snowplow ContestÑ Extended With the extension, the new deadline will be January 31, 2024 at 4 p.m. All entries must be received at City Hall on the entry form or via online submittal. Here is the online entry link: https://tinyurl.com/msb9ujjm or utilize the QR code to the right to enter. Must be a Centerville resident, if a submission is received from a minor Î parent authorization is needed. There will be a $50 prize given for the name that is chosen by the Naming Committee of the Parks & Recreation Committee/Public Works Department. The name/winner will be announced at the CommitteeÓs February 7, 2024, meeting. City employees, Council/Committee/Commission members do not qualify to win the $50 prize if their entry is chosen. Be creative, funny and punny with your entries. Annual Skate Night The Committee delayed the Annual Skate/Sled Night by a week in hopes to have some snow and ice for sledding and skating. The event will be held on Saturday, January 20, 2024, at Laurie LaMotte Memorial Park commencing at 6:30 p.m. Free popcorn, hot cocoa, bonfire and smores. Please join us for a little Minnesota fun. ECONOMIC DEVELOPMENT Quad Area Chamber Calendar January 23, 2024 Î Quarterly Breakfast 8:00AM -9:30AM Centennial Library February 13, 2024 Î Sip & Learn Î 10:15AM-11:15AM Î The Rookery February 08, 2024 Î Monthly Board Meeting Î 12:00PM-1:00PM Online February 15, 2024 Î Lunch & Learn Î 12:30PM-2:30PM Î Centennial Library ENGINEERING th 20 Avenue (CSAH 54) Corridor Study The technical advisory panel for the corridor study will be met in early December to review public input and formulate design concepts. These concepts are being drafted by the consulting engineers and will be made available for more specific public input sometime in February. Stay tuned for updates on how to weigh in. PUBLIC WORKS Water Tower Consulting engineers, KLM, have finished their work in performing some tests on the towerÓs paint to help understand the scope and timing of a repaint. Staff will be discussing the results of that report with the City Council at an upcoming workshop. Public Works Truck Replacements Based on current pricing, the city moved forward with the purchase of a 1-ton pickup truck, but held off on the purchase of two more trucks that were programmed for replacement in the cityÓs Capital Equipment Replacement Plan. Staff continues to evaluate the market and look for alternative ways to equip our staff. Centerville Lake Water Quality Project The Rice Creek Watershed District was awarded a $954,500 Clean Water Fund grant for an alum treatment on Centerville Lake. Matt Kocian, Lake and Stream Program Manager, said: ÐWeÓre very excited for this project, and confident that it will improve water quality conditions.Ñ If possible, the goal would be to complete the first ÐdoseÑ of treatment as early as April of 2024, with a second dose programmed for the spring of 2026. The watershed plans to hold some public informational meetings in the coming months as part of a larger public engagement strategy, including social media posts and appearing at city meetings, among other things. Mr. Kocian will present additional information at the January 24 City Council meeting. CENTENNIAL LAKES POLICE DEPARTMENT Welcome New Officer The Centennial Lakes Police Department is happy to introduce Seamus Linderholm, our newest officer. Seamus comes to us from the Washington County SheriffÓs Office, where he previously worked as a Correctional Officer in the jail division. Make sure to congratulate him and say hi if you see him out and about! use building on the small parcel. The developer will be asking his architect to draft some concept sketches in the coming weeks to explore what might work. 7087 Centerville Road Î Connor James Salon (Block 8) The required fencing has been installed along the west edge of the parking lot. An inspection of the seeding will take place in the spring to wrap up the initial items on the Interim Use Permit. stnd Old Mill Estates 1 and 2 Additions Close-out of the developmentÓs Rice Creek Watershed District Permit is the main remaining item which needs to be addressed before we can look at closing out the development escrow. The city continues to work with the developer and builders on site clean-up items. Centerville Storage The facility is now open for business. The developer has completed drainage corrections along the north side of the facility and will continue to work on watershed permit close-out. Rehbein Commercial Developer securities have been received by the city for 35% of the initial project costs and will be held through the 2-year warranty period, which will end in 2024. The developer has now been granted close-out of their Rice Creek Watershed District permit. Kwik Trip Work is complete. We are working with the developer to close out the project. Rehbein Industrial Developer securities have been received by the city for 35% of the initial project costs and will be held through the 2-year warranty period, which will end in 2024. The developer has now been granted close-out of their Rice Creek Watershed District permit. Bay View Villas (Waterworks Site) Progress towards the close-out of the developmentÓs watershed permit is being made as the various agencies involved in the wetland portion of the permit confer with each other. Max Storage (Fairview Street) Two potential tenants for the Max Storage facility have been in contact with city staff to ensure their businesses will fit zoning regulations and the conditions of the siteÓs Conditional Use Permit. The owners are hoping to sign leases with these businesses in the coming weeks. The building is scheduled to be fully operational by February 1. A grand opening will be scheduled shortly. Amazon Fulfillment Center Two of the financial securities posted by AmazonÓs contractor will be considered for release and/or reduction at this City Council meeting. All work on the site is now complete and approved. A warranty period for public infrastructure has one more year on it. There are still additional securities in place for noise and traffic impacts with their own unique deadlines and conditions. Staff will bring those forward at the appropriate times. Development Inquiries None COMMUNITY ENGAGEMENT (December 2023) Website (December) 2.7k users 2.6k new 5.2k page views Web Site (Featured News) Skate Night Hiring Rink Attendant Exercise your Right to Vote Name a Snowplow Contest Welcome New Jr. Councilmember Share your Feedback Î LaLonde Development Reader Board (11,000+ cars/day) Committee/Commission Vacancy Announcement Meeting Schedules Cougar Football State Champs Announcement Social Media (559 Twitter; 787 FB Followers) (6,550/722 Total Impressions) City Accounts (559 Twitter; 787 FB Followers) o 12/12 Proclamation Î Centennial Cougars Football (2,468/504) o 12/15 Cougar Football Captain Video (3,781/218) o 12/22 Public Safety Round Table with Governor (301/XXX) Community Email List (252 email addresses) Upcoming CC Agenda, Admin. Report & Newsletter Business Email List (60 email addresses) 1/19 DEED Workforce Training