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HomeMy WebLinkAbout2024-02-28 CC Packet CITY OF CENTERVILLE CITY COUNCIL MEETING & WORK SESSION AGENDA Wednesday, February 28, 2024 5:00 p.m./6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ WORK SESSION (5:00 PM) I. CALL TO ORDER 1. Roll Call II. DISCUSSION ITEMS 1. Retreat Recap 2. City Hall Staff Overtime Discussion 3. Open Meeting Law Review III. ADJOURNMENT COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALEGIANCE III. APPROVAL OF AGENDA IV.APPOINTMENTS & PRESENTATIONS 1.None V. PUBLIC HEARINGS 1. None VI. APPROVAL OF MINUTES 1. February 14, 2024 City Council Meeting Minutes VII. CONSENT AGENDA 1. City of Centerville Claims through February 23, 2024 (Checks #36549 Î 36570, E2201 Î E2205) 2. Centennial Lakes Police Department Claims through February 22, 2024 (Checks #15113- 15123, E2024016-2024018 & Payroll Check #15110-15112) 3. Centennial Fire District Claims through February 13, 2024 (Checks #9645-9656) 4. Resolution 24-0XX Submission of Charitable Gambling Annual Report 5. Request for Special Event, Temp. Liquor & Gambling Permits Î Centerville Lions Î Cadillac Dinner VIII.OLD BUSINESS 1. Development Security Release Request Î Kwik Trip 2. Reschedule Town Hall IX. NEW BUSINESS 1. None X.STAFF AND COUNCIL REPORTS 1.AdministratorÓs Report 2.Council Reports a)Taylor (i)Economic Development Authority b) Koski (i) Planning and Zoning Commission (ii)Fire Steering Committee c) Sweeney (i) Parks and Recreation Committee (ii)Fire Steering Committee (iii)Anoka County Fire Protection Council d) Mosher (i) Economic Development Authority (ii)Police Governing Board e) Love (i) North Metro Telecommunications Commission (ii)Police Governing Board (iii)Other Mayor Reports XI. ADJOURNMENT INFORMATIONAL MATERIALS None MEETING REMINDERS All meetings begin at 6:30 PM in City Council Chambers unless otherwise noted. 3/4/24 P&Z Commission (5:30 PM WS-Interviews) 3/6/24 P&R Committee (6:00 PM WS-Interviews) 3/20/24 EDA (5:30 PM) 3/13/24 City Council CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration WS II.1 TITLE OF ISSUE: Recap of Council Retreat BACKGROUND AND SUPPLEMENTAL INFORMATION: Staff will provide a recap of the city council's recent retreat at the February 28, 2024. See the attached presentation slides. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Presentation Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ City Council Retreat Recap February 28, 2024 NEXT STEPS TO STRATEGIC PLAN ON TBD DATE/TIME TOWN HALL OPEN HOUSE RECAP/KEY TAKEAWAYS FROM COUNCIL RETREAT Agenda tƩĻƭĻƩǝĻ ŷƚƒĻƷƚǞƓ ŅĻĻƌtƚƦǒƌğƷźƚƓ ЎͲЉЉЉ ƚƉĬǒƷ ƓƚƷ ƦƩźƒğƩǤ ķƩźǝĻƩ ƚŅ ķĻǝĻƌƚƦƒĻƓƷ ķĻĭźƭźƚƓƭ5ĻǝĻƌƚƦƒĻƓƷ Ώ{ĭĻƓğƩźƚ Ћ. ƦƩƚǝźķĻƭ ķĻƭźƩğĬƌĻ ŷƚǒƭźƓŭ ƒźǣtƌğĭĻƒğƉźƓŭ źƭ ğ ƦƩźƚƩźƷǤ/ƚƓƷźƓǒĻ ǞƚƩƉ ƚƓ ŅǒƓĭƷźƚƓğƌ ƩĻƭźƌźĻƓĭǤƚǞƓ Iğƌƌ hƦĻƓ IƚǒƭĻ ŅƚƩ \[ğ\[ƚƓķĻ ε ƚƷŷĻƩ ƷƚƦźĭƭ Council Retreat Takeaways¤¤¤¤¤¤ -Land А¡ŗňąŗ А9ŗŏąđŲƂ϶ А¡êŵńŹ϶9f¡ŹϽ϶ LaLonde Proposal Plan, Traffic Study, TIF Future Development Use Map 2B Projects Unfunded Projects List, Overlay Schedule, etc. Citizen Engagement Signup, Other Community Resources ¤¤¤¤ Town Hall Open House Evaluate Input from Town Hall Open House and Prepare a Summary for Council Update Current Strategic Plan & Present to City Council for Formal Adoption Next Steps to Strategic Plan¤¤ or Input Questions CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration WS 2 TITLE OF ISSUE: City Hall Staff Overtime Discussion BACKGROUND AND SUPPLEMENTAL INFORMATION: Attached, please find a staff memo with detailed background information on City Hall staffing and overtime. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Staff Memo Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Memorandum Date:February 22, 2024 To:Honorable Mayor and City Council Members From:Mark Statz, PE –City Administrator/Engineer Subject:City Hall Staff Overtime Concerns Several months ago, a concern was raised regarding the amount of overtime being paid to city hall staff despite the hire of an additional staff person in 2022. A history of the discussions leading up to the hire of that position is presented below: July 2021 –Work session discussion o Staff proposes to add $70,000(+ benefits)professional position to City Hall Staff o Proposed offsets to costby elimination of Front Desk Receptionist ($25k) Professional Services (Consulting costs) ($20k) Allocation of costs to Sewer and Water Funds ($10k) Net cost of position = $15k + benefits ($15k)= $30k August2021 Work Session discussion o Similar Proposal to Julywith these modifications(see below): New estimated costfor position is$75k Eliminate$20k budget contingency New net cost ofposition is $10k September 2021 Work Session discussion o Same Proposal as August October 13, 2021 City Council Meeting o Same Proposal as July and August, but with updated net cost estimate of $20k after more careful consideration of benefit costs. o City Council Authorizes advertising for the position December 2021 City Council Meeting o 2022 Budget is Approved with Additional $60k in net new wagesand benefits $20k less in contingency $20k less in professional services For a net of $20k additional cost to budget January 2022 o Hire is made within the approved salary range December 2022 o 2023 Budget is set with no additional contingencies, professional services December 2023 o 2024 Budget is set with no additional contingencies, professional services The purpose of this detailed history is to refresh everyone’s memory of how this position was funded and to demonstrate that we have not back peddled out of those cost offsets. While none of the background information indicates an intent to lower overtime, through this hire, staff still wished to explore the topic, given council’s concerns. Therefore, at a work session on September 27, 2023, staff presented the following information on overtime usage by city staff: Overtime Summary Hours of OT 2021 2022 2023* Public Works 226 254 133 City Hall 197 235 44 Total 423 489 177 Cost of OT 2021 2022 2023* Public Works $10,066 $11,228 $6,476 City Hall $10,256 $13,274 $2,507 Total $20,322 $24,502 $8,983 * Projected at year end Note: For 2023 Total Regular Staff Hours = 17,340 Note: For 2023 177 hours = 1.0% of total hours Since then, no formal action has been taken to modify the staff’s work plan to reduce or eliminate overtime. In my role as the chief executive of the city staff and an advisor to the City Council, I believe the amount of overtime being utilized is well within industry norms and represents a healthy use of resources. To be certain that this view and recommendation is in line with the philosophy and wishes of the City Council, I am seeking further clarification on the overtime policy, moving forward. Staff is asking for clear direction from the City Council on whether overtime should be reduced from current levels (1 – 3% of total staff hours), eliminated all-together, or whether it should remain the same. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Legal WS 3 TITLE OF ISSUE: Open Meeting Law Review BACKGROUND AND SUPPLEMENTAL INFORMATION: City Attorney Glaser will be on hand to give the City Council his annual refresher on the Open Meeting Law. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ LMC Handbook Excerpt, Memo from Attny. Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 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 aboutnotice 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 lawOpen meeting law See LMC information memo, Meetings of City Councils. A.A.PurposePurpose Minn. Stat. § 13D.01. St. The open meeting law requires that meetings of public bodies must The open meeting law requires that meetings of public bodies must 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: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 Prohibits actions from being taken at a secret meeting where the Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public interested public cannot be fully informed of the decisions of public interested public cannot be fully informed of the decisions of public bodies or detect improper influences.bodies or detect improper influences.bodies or detect improper influences. Ensures the public’s right to be informed.Ensures the public’s right to be informed.Ensures the public’s right to be informed. Gives the public an opportunity to present its views.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 satisfiedwith respect to that personregardless 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 ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 DPO08-015.DPO17-006. 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 requirementdoes 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 The open meeting law also requires meetings of a public body or of any The open meeting law also requires meetings of a public body or of any 9. committee, subcommittee, board, department, or commission of a public committee, subcommittee, board, department, or commission of a public committee, subcommittee, board, department, or commission of a public body to be open to the public. For example, the governing bodies of local 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 The open meeting law does not define the term “meeting.” The Minnesota No. 281, 336 N.W.2d 510 Supreme Court, however, has ruled Supreme Court, however, has ruled that meetings are gatherings meetings are gatherings meetings are gatherings of a of a (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 quorum or more members of the governing bodyquorum or more members of the governing bodyquorum or more members of the governing body——or or a quorum of a a quorum of a a quorum of a Community Schools,332 committee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereof——at at N.W.2d 1 (Minn. 1983). which members discuss, decide, or receive information as a group on which members discuss, decide, or receive information as a group on which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body.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 For most public bodies, including statutory cities, a majority of its For most public bodies, including statutory cities, a majority of its 1. qualified members constitutes a quorum. Charter cities may provide that a 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 TThe open meeting law does not generally apply in situations where less he open meeting law does not generally apply in situations where less he open meeting law does not generally apply in situations where less information about serial than a quorum of the council is involved. However, serial meetingsthan a quorum of the council is involved. However, serial meetingsthan a quorum of the council is involved. However, serial meetings,,,in in meetings. groups of less than a quorumgroups of less than a quorumgroups of less than a quorum,,,that are held to avoid the requirements of that are held to avoid the requirements of that are held to avoid the requirements of the open meeting law may be found to violate the law, depending on the the open meeting law may be found to violate the law, depending on the the open meeting law may be found to violate the law, depending on the specific facts.specific facts. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 negotiationsunder 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 recordof 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 lawthe 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 adecision. 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. Certain medical 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 cityAs a result, a citycouncilshould conduct any interviews of prospective should conduct any interviews of prospective should conduct any interviews of prospective officers and employees at an open meeting if a quorum or more of the 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 requirementsof 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 ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 20 RELEVANT LINKS: As a result, it appears that any scheduled gatherings of a quorum or more As a result, it appears that any scheduled gatherings of a quorum or more 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, of a city council must be properly noticed and open to the public, of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings andthat gathering. This includes meetings andthat gathering. This includes meetings andwork sessions where members work sessions where members receive information that may influence later decisions. 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 DPO08-007. DPO13-015. 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. DPO05-014. 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. DPO07-025. In contrast, the commissioner has advised that a city’s Free Speech Working Group,consisting of citizens andcity 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 DPO07-025. 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 ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 bodyand could also arise where there has been a delegation of power from the governing bodyto 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). DPO16-005. 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 lawnot because the council members simply attended the meetingbut 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 acity council meeting. 4.4.Social gatheringsSocial gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council members will not be considered a Social gatherings of city council members will not be considered a 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 meeting subject to the requirements of the open meeting law if there is not 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 a quorum present, or, if a quorum is present, if the quorum does not 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 odiscuss, decide, or receive information on official city business. The fficial 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. 5.5.Serial Serial meetingsmeetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has noted that meetings of less than a The Minnesota Supreme Court has noted that meetings of less than a 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 quorum of a public body held serially to avoid a public meeting or to 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 fashion agreement on an issue of public fashion agreement on an issue of public business may violate the open business may violate the open meeting law.meeting law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 requirementsof 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). DPO16-006. 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).DPO16-006. 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 membersare 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. 7.7.TeTelephone, email, and social medialephone, email, and social media Moberg v. Indep. Sch. Dist. IIt is possible that communicationt is possible that communicationt is possible that communicationthrough telephone calls, email, or other through telephone calls, email, or other through telephone calls, email, or other No. 281,336 N.W.2d 510 technology technology could violate the open meeting law.could violate the open meeting law. (Minn. 1983). League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 23 RELEVANT LINKS: DPO 17-005(advising The Minnesota Supreme Court has indicated that communication through The Minnesota Supreme Court has indicated that communication through The Minnesota Supreme Court has indicated that communication through communication through a letters and telephone calls could violate the open meeting law under letters and telephone calls could violate the open meeting law under 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 certain circumstances. Best practice to share information with the entire certain circumstances. Best practice to share information with the entire council is to send it to city staff and havecouncil is to send it to city staff and havecouncil is to send it to city staff and havethem distribute it. If a council them distribute it. If a council member needs to email the entire council, they should use blind carbon member needs to email the entire council, they should use blind carbon 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 copy (BCC) to add recipients to avoid accidental use of reply all which 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 may constitute the initiation of a discussion among a quorum of the public may constitute the initiation of a discussion among a quorum of the public bodybody.. DPO09-020.DPO14-015. The commissioner of the Department of Administration has advised that The commissioner of the Department of Administration has advised that The commissioner of the Department of Administration has advised that backback--andand--forth email communications among a quorum of a public body forth email communications among a quorum of a public body forth email communications among a quorum of a public body that was subject to the open meeting law in which the members that was subject to the open meeting law in which the members that was subject to the open meeting law in which the members commented on and provided direction about official busincommented on and provided direction about official busincommented on and provided direction about official business violated the ess violated the open meeting law.open meeting law. However, the commissioner also advised that “oneHowever, the commissioner also advised that “oneHowever, the commissioner also advised that “one--way communication way communication way communication between the chair and members of a public body is permissible, such as between the chair and members of a public body is permissible, such as 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 when the chair or staff sends meeting materials via email to all board when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decisionmembers, as long as no discussion or decision--mmaking ensues.”aking 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 courtof appealsnoted 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 The open meeting law was amended in 2014 to provide that “the use of 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 social media by members of a public body does not violate the open 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 meeting law as long as the social media use is limited to exchanges with meeting law as long as the social media use is limited to exchanges with all members of the general public.” Email is noall members of the general public.” Email is noall members of the general public.” Email is not considered a type of t considered a type of social media under the new law.social media under the new law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 It is important to remember that the use of social media by council 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 members could still be used to support other claims such as claims of members could still be used to support other claims such as claims of defamation or of conflict of interest in decisiondefamation or of conflict of interest in decision--making. As a result, making. As a result, making. As a result, council members should make sure that any commecouncil members should make sure that any commecouncil members should make sure that any comments they make on nts they make on nts they make on social media are factually correct and should not comment on issues that social media are factually correct and should not comment on issues that social media are factually correct and should not comment on issues that will come before the council in the future for a quasiwill come before the council in the future for a quasiwill come before the council in the future for a quasi----judicial hearing and judicial hearing and judicial hearing and decision, such as the consideration of whether to grant an application for a decision, such as the consideration of whether to grant an application for a decision, such as the consideration of whether to grant an application for a conditional uconditional use permit.se permit. See II-H-5-Serial meetings. It is also important to remember that It is also important to remember that It is also important to remember that serial discussions between less than a serial discussions between less than a quorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawunder certain under certain circumstancescircumstances.. As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should take a conservative approach and should not use telephone callconservative approach and should not use telephone callconservative approach and should not use telephone calls, email, or other s, email, or other s, email, or other technology technology technology to communicate back and forth with other members of the to communicate back and forth with other members of the public body if both of the following circumstances exist:public body if both of the following circumstances exist: A quorum of the council or public body will be A quorum of the council or public body will be A quorum of the council or public body will be contacted regarding contacted regarding the same matter.the same matter. OfficialOfficialbusiness is being discussed.business is being discussed. Minn. Stat. § 13.02, subd. 7. Another thing council members should be careful about is which email Another thing council members should be careful about is which email Another thing council members should be careful about is which email account they use to receive emails relating to city business because such account they use to receive emails relating to city business because such account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a emails likely would be considered government data that is subject to a emails likely would be considered government data that is subject to a publicpublicpublic--records request under the Minnesotarecords request under the Minnesotarecords request under the MinnesotaGovernment Data Practices Government Data Practices Act (MGDPA).Act (MGDPA). The best option would be for each council member to have an individual The best option would be for each council member to have an individual 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 email account that the city provides, and city staff manage. However, this email account that the city provides, and city staff manage. However, this is not always possible for cities due to budget, size, or logistics.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 If council members don’t have a city email account, there are some things 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. to think about before using a personal email account for city business. to think about before using a personal email account for city business. First, preferably only the council member should have access to the First, preferably only the council member should have access to the First, preferably only the council member should have access to the personal email account. Using a shared acpersonal email account. Using a shared acpersonal email account. Using a shared account with other family count with other family count with other family members could lead to incorrect information being communicated from members could lead to incorrect information being communicated from members could lead to incorrect information being communicated from the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being inadvertently deleted. Also, since city emails are government data, city officials may have to separate since city emails are government data, city officials may have to separate since city emails are government data, city officials may have to separate personal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails from city emails when responding to a publicrom city emails when responding to a publicrom city emails when responding to a public--records records request under the MGDPA.request under the MGDPA. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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, thirdWhat may work best is to use a free, thirdWhat may work best is to use a free, third--party email service, such as party email service, such as party email service, such as Management,for more Gmail or Hotmail, for your city account and to avoid using that email Gmail or Hotmail, for your city account and to avoid using that email 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 account for any personal email or for anything that may constitute an account for any personal email or for anything that may constitute an official record of city business since such official record of city business since such official record of city business since such records must be retained in records must be retained in accordance with the state recordsaccordance with the state records--retention requirements.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 Practicesfor 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 Any person who intentionally violates the open meeting law is subject to 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 personal liability in the form of a civil penalty of up to $300 for a single 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 occurrence. The public body may not pay the penalty. A court may occurrence. The public body may not pay the penalty. A court may consider a council member’s time and expeconsider a council member’s time and expeconsider a council member’s time and experience in office to determine rience in office to determine the amount of the civil penalty.the amount of the civil penalty. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| 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 meetingbecause 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 ‘ŷğƷ źƭ ğ ͻaĻĻƷźƓŭͼ ǒƓķĻƩ hƦĻƓ aĻĻƷźƓŭ \[ğǞ? ! ͻƒĻĻƷźƓŭͼ źƭ ǞŷĻƩĻ ğ ƨǒƚƩǒƒ ƚŅ ğ /źƷǤ /ƚƒƒźƷƷĻĻ ķźƭĭǒƭƭͲ ķĻĭźķĻͲ ƚƩ ƩĻĭĻźǝĻƭ źƓŅƚƩƒğƷźƚƓ ƩĻƌğƷźƓŭ Ʒƚ ƷŷĻ ĬƚķǤ͸ƭ ƚŅŅźĭźğƌ ĬǒƭźƓĻƭƭ͵ ͻaĻĻƷźƓŭƭͼ ƒǒƭƷ ĬĻ hƦĻƓ Ʒƚ ƷŷĻ tǒĬƌźĭ͵ MEETINGS: LEGAL* Physical gatherings ILLEGAL DƩƚǒƦ Ļƒğźƌƭ Α ͻwĻƦƌǤ !ƌƌͼ ILLEGAL Serial communications o Phone / texts from one Member to the next, and to the next ILLEGAL o ͻ/ŷğźƓͼ Ļƒğźƌƭ ğƓķ Ʒğǣ ƭĻƓƷ ŅƩƚƒ ƚƓĻ aĻmber to the next , and to the next ILLEGAL ILLEGAL Secret meetings o Send texts between Members during a meeting ILLEGAL ‘ŷǤ ğƩĻ ƷŷĻƭĻ ͻaĻĻƷźƓŭƭͼ L\[\[9D!\[? Lawful meetings require Notice to the Public (Time and Place) The meeting must be open to the public Regular Meetings o Per a schedule on file at City Hall Closed or Special Meetings o 3-days posted notice o 1-day mailed notice to Members o 3-days mailed / published notice to anyone requesting notice of special meetings AND, written materials used by the body during a meeting must be available to the Public ‘ŷğƷ źƭ bh ğ ͻaĻĻƷźƓŭͼ ǒƓķĻƩ ƷŷĻ ha\[? {ƚĭźğƌ ŭğƷŷĻƩźƓŭƭ Ͷ /źƷǤ ƩğźƓźƓŭ Ͷ ͵͵͵ ǞŷĻƩĻ ƚŅŅźĭźğƌ ĬǒƭźƓĻƭƭ ƚŅ ǤƚǒƩ ĬƚķǤ źƭ bh ķźƭĭǒƭƭĻķ Penalties Violator to pay $300 fine per violation (City cannot pay this) Violator Forfeits office after 3+ separate, intentional violations City to pay reasonable costs, disbursements, and attorney fees up to $13,000 o Sometimes, City must pay mandatory Attorney fees for obvious violations ΫΫΫ ‘ğƷĭŷ ƚǒƷ ŅƚƩ ƷŷĻ ͻƒĻĻƷźƓŭ ğŅƷĻƩ ƷŷĻ ƒĻĻƷźƓŭͼ ƚƩ ƷŷĻ ͻƒĻĻƷźƓŭ źƓ ƷŷĻ ƦğƩƉźƓŭ ƌƚƷͼ ΫΫΫ Best Practices Gatherings: ‘ŷǤ ƷğƉĻ ƷŷĻ ƩźƭƉͪ LŅ Ǥƚǒ ƷŷźƓƉ Ǥƚǒ͸ƌƌ ĬĻ ŭğƷŷĻƩźƓŭ ǞźƷŷ ƚƷŷĻƩ aĻƒĬĻƩƭ ƚŅ your body, simply ask Staff to post notice of a potential public meeting. In the past we have posted meeting notices for park and skate events, funerals - ǞĻ ƚƓĭĻ ƦƚƭƷĻķ ğ ƒĻĻƷźƓŭ ƓƚƷźĭĻ Ʒƚ ŷğƓŭ ƚǒƷ źƓ ƚƒ \[ĻĻ͸ƭ ŭğƩğŭĻ͵ Emails: \[ĻƷ {ƷğŅŅ ķƚ ƷŷĻ ĻƒğźƌźƓŭͧ The City Administrator, Staff and Attorney can communicate with your entire body outside of a meeting. If it is necessary to send information outside of a meeting, ask Staff to help by sending and receiving emails with the entire body. Always use your City email for City business - avoid using your personal email or texting devices. Quorum. A majority of the appointed members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. Planning & Zoning 1. Jon 2. Richard 3. Darrell 4. Bruce 5. Linda 6. Vacant 7. Vacant Quorum - Full Committee: 7 Seats 7 Members Quorum = 4 Seats (7) = Members (7) = Quorum (4) = Quorum - Today: 7 Seats 5 Members Quorum = 3 Seats (7) = Members (5) = _____ _____ Quorum (3) = CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration VI.1 TITLE OF ISSUE: February 14, 2024 Council Meeting Minutes BACKGROUND AND SUPPLEMENTAL INFORMATION: The minutes are contained in the packet for your review. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve or modify as submitted. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ February 14, 2024 City Council Meeting Other (specify) ____________ __________ ___ Minutes _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 14, 2024 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on February 14, 2024, in Council Chambers and the meeting was live streamed by North Metro TV at 6:30 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. CALL TO ORDER Acting Mayor Koski called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Acting Mayor Russ Koski Not Approved Council Member Darrin Mosher Council Member Raye Taylor Council Member Terry Sweeney Junior Council Member Avery Sauber (Non-Voting) ABSENT: Mayor D. Love STAFF: City Administrator, Mark Statz III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Acting Mayor Koski provided an opportunity for others to add or delete any items. Administrator Statz added IX. New Business, Item #3, Schedule ÐTown HallÑ meeting. Motion by Council Member Mosher, seconded by Council Member Sweeney to Approve the Agenda as stated above. All in favor. Motion carried. IV. APPOINTMENT/PRESENTATION 1. None. V. PUBLIC HEARING 1. None. VI. APPROVAL OF THE MINUTES City of Centerville City Council Meeting Minutes February 14, 2024 1.January 24, 2024 City Council Work Session & Meeting Minutes Acting Mayor Koski provided an opportunity to Council to make modifications if needed. Council Member Sweeney requested the following modifications: page 3, second paragraph change ÐflushedÑ to ÐfleshedÑ; page 6, 3. DEED Redevelopment Grant Application, first paragraph change ÐnotÑ to ÐnoteÑ; and page 8, c. Sweeney, remove Ð(i) Economic Development AuthorityÑ and the report. Council Member Koski wanted clarification on page 5, VIII. Old Business, 1. Amazon Escrow Release Requests regarding a transportation study and Administrator Statz stated that he would request the language be changed as follows: Ð$600,000Ñ to Ð$650,000Ñ and ÐstudyÑ to ÐimprovementsÑ. Council Member Koski requested that his name be removed from IX. New Business, Item #3., DEED Redevelopment Grant Application in the second paragraph and replace it with ÐSweeneyÑ; and the inclusion of Ðfor administrative services with SBMÑ be added to page 8, last sentence after ÐcontractÑ and before ÐandÑ. Motion by Council Member Sweeney, seconded by Council Member Taylor to Approve the January 24, 2024 City Council Work Session & Meeting Minutes with the above stated modifications. All in favor. Motion carried. VII.CONSENT AGENDA 1.City of Centerville Claims through February 14, 2024 (Checks #36506-36548, E2191-E2200 & Voided Check #2198E, 36236, 36075, 36077 & 35860) 2.Centennial Lake Police Department Claims through February 8, 2024 (Check #15094- 15078, E2024011-E2024015 & Payroll Check #15091-15093 & 15077-15078) 3. Centennial Fire District Claims (None) 4. Contract Renewal Î Turf Grass Treatments Î Tru Green 5. Contract Renewal Î City Administrator 6. Encroachment Agreement Î Fence, 6882 Dupre Road Acting Mayor Koski provided an opportunity for members to pull items for additional discussion. Council Member Mosher stated that he would like to discuss several items under Item #1 and Council Member Koski stated that he would like to discuss Item #5 Motion by Council Member Mosher, seconded by Council Member Sweeney Approve the Consent Agenda Items #2-4 & 6 as presented. All in favor. Motion carried. Council Member Mosher asked about Check #36514, $399.46, Lodging for Conference and wanted additional information. City Administrator Statz stated that it was an upcoming conference in Brainerd. He also asked about charges of $1,271.46 for motor fuels with a description of Fuel-Pond. City Administrator Statz stated that a beaver had dammed up a drainage pipe for a storm sewer pond, rented equipment and pumped the pond for several days. He stated that being that the pond is within RCWD ditch, they will reimburse the city for our expenditures. Council Member Mosher also desired information about Check #36538, Mileage Reimbursement Building Conference and is this for the individual driving a city vehicle or his own and if it was a City vehicle milage should not be reimbursed. Administrator Statz stated that he concurred and would check. Council Member Mosher stated that he felt that the description Page 2 of 6 City of Centerville City Council Meeting Minutes February 14, 2024 should include Ðuse of personal vehicleÑ. Council Member Mosher requested additional information regarding Check #36528, Indigo Signs for $104.50, Name Plate. Administrator Statz stated that he felt it was for two signs and that he would research the expenditure. Council Member Mosher provided Administrator Statz with his companyÓs nameplate provider as he felt that they may be more reasonable. Acting Mayor Koski questioned Check #36518, Bruce DeJong for $84.24, Mileage Reimbursement, not concerned about amount, but questioned additional submittals and requested that Administrator Statz review the policy regarding reimbursement. Administrator Statz stated the CityÓs policy is to reimburse staff for the mileage that is allowed by IRS regulations and considered as reimbursable expenses. He stated that these locations are not the employeeÓs regular workplace, and he would be eligible to request reimbursement. He also stated that he felt that additional requests would be forthcoming. Council Member Koski asked about Check #36548, Amazon for $221,617.23 and stated that with the larger amount of the disbursement he understood the entire distribution amount of $421,098.75 for the Check Detail Register. He questioned whether the city collected interest on that amount. Administrator Statz explained that interest is earned on all monies held by the City and then distributed to each fund. He also explained that the release of escrows was approved at the January 24, 2024, meeting. Motion by Council Member Mosher, seconded by Council Member Taylor to Approve Consent Agenda Item #1 as presented. All in favor. Motion carried. Acting Mayor Koski stated that he requested to discuss Item #5 briefly. He stated that several Closed Executive Session were held regarding this item, that Council requested additional information from the Administrator from time to time and he wanted to thank Administrator Statz for his patience and professionalism throughout the review process. Motion by Council Member Taylor, seconded by Council Member Sweeney to Approve Consent Agenda Item #5 as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1.Contract Revisions Î MS 4 Permit Collaboration Î Rice Creek Watershed District Administrator Statz reviewed the presented contract revisions with Council as presented in the packet and stated that the primary objective was to have the agreement automatically renew as the joint program was working very well. Acting Mayor Koski stated that the collaboration with RCWD and the City has been in place since 2021 and that shouldnÓt the dates be modified. Administrator Statz stated that this would be corrected and that an older version was utilized for these revisions as a previous amendment had been made which included the appropriate timeframes for the contract. Brief discussion ensued regarding the recent beaver dam issue and inspections. Administrator Statz stated that staff was alerted to the issue by the abutting property owners due to the high levels of the storm ponds and that the dam was concealed in a drainage pipe. Motion by Council Member Sweeney, seconded by Council Member Taylor to Approve the Revised Î MS 4 Permit Collaboration - RCWD Agreement as presented. All in favor. Motion carried. IX. NEW BUSINESS Page 3 of 6 City of Centerville City Council Meeting Minutes February 14, 2024 1. New Liquor & Tobacco License th a. NY Liquor, 7093 Î 20 Avenue South (Effective March 4-December 31, 2024) Administrator Statz stated that the item was placed on CouncilÓs Agenda under New Business rather than Consent due to that this was a new owner to the location and that there was a small judgement that was released without prejudice against the individual that appeared in the Centennial Lakes Police Department background check and that staff was not recommending denial due to this but instead desired to draw CouncilÓs attention to the matter. Council Member Taylor questioned the submitted background check results and questioned whether a background check was completed in the County where the applicant resides. Administrator Statz stated that the current check includes Anoka County interactions with public safety and the Criminal History section would show convictions and maybe not contact. He stated that the Council may request an additional query of the County where the applicant resides (Hennepin). Motion by Council Member Taylor, seconded by Council Member Mosher to Approve the Off-Sale Liquor and Tobacco License for NY Liquor Contingent Upon a Successful Background Check of Hennepin County Records. All in favor. Motion carried. 2.Contract Î Hidden Spring Park Rain Garden Revitalization/Maintenance Î Prairie Restorations, Inc. Administrator Statz gave a brief overview of the CityÓs acquisition of the property, improvements and the addition of the rain garden/filtration basin. He stated that the life span/vegetation growth has been overtaken by non-native species due to lack of professional rain garden maintenance. He stated that the quote contains removal of the existing growth and replacing with similar, native species plantings to the original plantings and to provide on-going maintenance which will extend the life span of the garden along with esthetics and ensuring continued filtration. He stated that the Parks & Recreation Committee is recommending approval of the contract and looking for volunteers to assist in the planting process, which would save some funding. He stated that the first year would involve planting and the second year would involve maintenance. Lengthy discussion ensued the necessity of long- term care, minimal maintenance in the past, lack of removal of non-native species and routine maintenance by a professional vendor. Council Member Taylor felt that this would be an opportunity for the public to become involved in rain garden maintenance and vitality with marketing during this revitalization. Administrator Statz stated that there are several grants available that could also be called to the publicÓs attention through the Rice Creek Watershed District (RCWD). Jr. Council Member Sauber asked about the shoreline and whether that would also be revitalized. Administrator Statz stated that the area along the shoreline was a separate planting plan and was very purposeful and that within the contact those areas were better established, and that spot spraying of non- native species would be included. Discussion ensued regarding the fee stated in the contract versus what was stated on the Request for Action form. Administrator Statz stated that there were two options; the inclusion of volunteers and Prairie Restoration completing the entire project and an error was made by adding the fees together. Page 4 of 6 City of Centerville City Council Meeting Minutes February 14, 2024 Administrator Statz clarified that the cost would be $7,770 for 2024 and $1,425 for 2025 with the ability to save $785 if volunteers were utilized. Council Member Koski asked who has maintained over the years. Administrator Statz stated that the Public Works staff has primarily mowed the basin in the fall and removed trees. Administrator Statz stated that two quotes were received, one from Prairie Restorations and another from RJs Property Maintenance. He felt that Prairie Restorations was more versed in plantings and maintenance needs. Council Member Koski felt that the volunteer aspect provided the community an opportunity to gain knowledge and take pride in their community. Council Member Sweeney stated that services contained in the quote were addressed in an email to Public Works Director Palzer in an amount of $2,525 for areas along the shoreline that needed service seeding and erosion control. Council Member Mosher asked if the $2,525 was included in the contract or additional to the contract. City Administrator Statz stated that it was contained in the contract under Item #8 and #15 in the quote. Motion by Council Member Taylor, seconded by Council Member Sweeney to Approve the Contract for Prairie Restoration, Inc. for Revitalization/Maintenance of the Hidden Spring Park Rain Garden not to Exceed $9,195 w/Option to Save $785 if Volunteers are Utilized. All in favor. Motion carried. 3.Schedule ÐTown HallÑ Meeting Administrator Statz stated staff would like to arrange for more opportunities for residents to provide input regarding subjects such as: redevelopment of property, priorities of the city, and ability for one-on-one conversations, etc. He stated that the meeting would take place from 5-8 p.m. and that March 11 or 14, 2024 would be available. Additional discussion ensued regarding topics of discussion (i.e., redevelopment of the LaLonde Property, unfunded/large projects, population 5,000 and Tax Increment Financing (TIF)), opportunities for education, meeting with developers, conducting a surveys at the same time, etc. Motion by Council Member Taylor, seconded by Council Member Sweeney to Schedule a ÐTown HallÑ meeting for March 11, 2024, from 5-8 p.m. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1.Administrator/Engineer Report Î Administrator Statz stated that his report was contained in the packet and that he would be happy to address any questions from the Council. He provided Council with a brief review. 2.Council Reports Junior Council Member Sauber stated that students observed PresidentÓs Day and that the Centennial Girls Hockey team is involved in section finals. a.Taylor Î (i) Economic Development Authority - Council Member Taylor stated that Ms. Swenson was reappointed and that she was also appointed to the EDA. Page 5 of 6 City of Centerville City Council Meeting Minutes February 14, 2024 (ii) Police Governing Board Î Council Member Taylor stated that Mayor Love was appointed the Chair and several contractual items were finalized. b. Koski Î (i) Planning & Zoning Commission Î Council Member Koski stated that the Commission discussed Max Storage and their receipt of their Certificate of Occupancy. He also reported that they have had several interested tenants. He briefly discussed the redevelopment of the LaLonde property. (ii) Fire Steering Committee Î Council Member Koski gave no report. c. Sweeney - (i) Fire Steering Committee Î Council Member Sweeney gave no report. (ii) Parks & Recreation Committee Î Council Member Sweeney stated that the committee voted on names for the snowplow contest and declared a winner, ÐClearopathraÑ. He also reported that they discussed the raingarden revitalization at Hidden Spring Park, Capital Equipment Replacement and Strategic Planning. He stated that a resident appeared before the committee requesting repairs and improvements to playground equipment at LaMotte Park. He stated that the committee also discussed the continuance of the Logo contest associated with the runs and Fete des Lacs. (i) Fire Protection Council Î Council Member Sweeney gave no report. d. Mosher Î (i) Economic Development Authority Î Council Member Mosher gave no report. (ii) Police Governing Board Î Council Member Mosher thanked Council Member Taylor for attending in his absence due to his illness. e. Love Î (i) North Metro Telecommunications Commission Î Mayor gave no report. (ii) Police Governing Board Î Mayor Love gave no report. (iii) Other Mayoral Reports Î Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Sweeney, seconded by Council Member Taylor to Adjourn the Council Meeting of February 14, 2024, at 8:15 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration/Finance VII.1 TITLE OF ISSUE: City of Centerville Claims Through February 28, 2024 BACKGROUND AND SUPPLEMENTAL INFORMATION:The Check Detail Register is included in your packet for consideration. Check #36556-36570. COST AND SOURCE(S) OF FUNDING: $207,580.99 ($122,228.10 - Developer Escrow Release) REQUESTED COUNCIL ACTION: Approve submitted claims as attached. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ 02/23/24 11:03 AM CITY OF CENTERVILLE Page 1 *Check Detail Register© Batch: 02-28-24pay Check #Check DateVendor NameAmountCommentInvoice 10100 MIDWESTONE BANK 02/16/24 2201 eIRS/EFTPS G 101-21701Federal Withholding$3,149.06FED. W/H - PAY PERIOD 4 G 101-21703FICA Tax Withholding$5,353.94FICA/MED W/H - PAY PERIOD 4 Total $8,503.00 02/16/24 2202 eMINNESOTA DEPT OF REVENUE G 101-21702State Withholding$1,365.25STATE W/H - PAY PERIOD 4 Total $1,365.25 02/16/24 2203 eOPTUM BANK - H.S.A. G 101-21714HSA Payable$1,597.85H.S.A. W/H - PAY PERIOD 4 Total $1,597.85 02/16/24 2204 ePUBLIC EMPLOYEES RETIREMENT G 101-21704PERA$4,391.95PERA W/H - PAY PERIOD 4 Total $4,391.95 02/15/24 2205 eTASC G 101-21711FSA Payable$18.00F.S.A W/H - PAY PERIOD 4 Total $18.00 02/28/24 36549AFLAC G 101-21712AFLAC Insurance984185$198.42AFLAC INS. - FEBRUARY 2024 Total $198.42 02/28/24 36550AID ELECTRIC CORPORATION E 101-42280-300Professional Srvs77903$532.86REPLACE HEATER 1880 MAIN STREET Total $532.86 02/28/24 36551ANOKA COUNTY TREASURY E 601-49400-433Dues and SubscriptionsB240214E$37.50BROADBAND - FEB. 2024 Dues and SubscriptionsB240214E$37.50BROADBAND - FEB. 2024 E 602-43200-433 E 101-41400-433Dues and SubscriptionsB240214E$37.50BROADBAND - FEB. 2024 Total $112.50 02/28/24 36552BENDER, TERESA E 101-41410-331Travel Expenses$42.01PNP - MILEAGE REIMBURSMENT E 101-41400-331Travel Expenses$10.25MILEAGE REIMBURSMENT - COUNCIL GOAL SETTING Total $52.26 02/28/24 36553 BILL ELLIOTT E 603-43000-300Professional Srvs$625.00REMOVAL OF BEAVER & SET UP FEE Total $625.00 02/28/24 36554CANON FINANCIAL SERVICES INC. Computer, Copier Main. C32085336$33.13P.W. COPIER MAINT AGREE - SERV THRU 2-29- E 101-43000-400 24 Total $33.13 02/28/24 36555CENTER POINT ENERGY E 101-45202-380Utilities$236.946970 LAMOTTE DR - SERV THRU 1-26-24 E 101-42280-380Utilities$942.811880 MAIN ST - SERV THRU 1-26-24 E 602-43200-380Utilities$29.241785 PELTIER LAKE DR - SERV THRU 1-26-24 E 101-43000-380Utilities$934.132085 W CEDAR ST - SERV THRU 1-26-24 Total $2,143.12 02/23/24 11:03 AM CITY OF CENTERVILLE Page 2 *Check Detail Register© Batch: 02-28-24pay Check #Check DateVendor NameAmountCommentInvoice 36556 02/28/24 EDA E 101-46500-430Miscellaneous$40,000.00EDA ANNUAL TRANFER FROM GENERAL FUND Total $40,000.00 02/28/24 36557IMAGE PRINTING & GRAPHICS E 101-45201-430Miscellaneous166244$84.00SNOWPLOW DECALS NAME - CLEAROPATHRA Total $84.00 02/28/24 36558INNOVATIVE OFFICE SOLUTIONS LL E 101-41400-200Office Supplies (GENERAIN4469378$158.39OFFICE SUPPLIES Total $158.39 02/28/24 36559KWIK TRIP, INC. G 101-24511Developer Escrow$121,347.00RELEASE 75% OF DEVELOPER'S ESCROW PER AGREEMENT - LEAVING A BALANCE OF $40,449.00 G 401-24510Other Escrow$881.10ESCROW RELEASE OF REMAINING BALANCE FOR SITE PLAN & CUP (LEGAL & ENGINEERING EXPENSES) Total $122,228.10 02/28/24 36560LEAGUE OF MN CITIE E 101-41400-441Conf. & Schooling400954$125.00M.STATZ - 2024 CITY DAY ON THE HILL E 101-41110-441Conf. & Schooling400981$125.00A.SAUBER - 2024 CITY DAY ON THE HILL Total $250.00 02/28/24 36561LINCOLN NATIONAL LIFE INSURANC G 101-21721Long Term Disability Ins.$383.94LONG TERM DISABILITY INS - THRU 3-31-24 Total $383.94 02/28/24 36562LRS PORTABLES OF MINNESOTA E 101-45202-410Rentals (GENERAL)MP2444656$413.00PORTABLE RESTROOMS - LAMOTTE & CORNERSTONE PARKS Total $413.00 02/28/24 36563MINN. DEPARTMENT OF HEALTH E 601-49400-453Safe Drinking Water Fees$3,336.00SAFE DRINKING WATER FEES Total $3,336.00 02/28/24 36564MN PEIP G 101-21706Hospitalization/Medical Ins1359493$4,644.32HEALTH INS - SERV THRU 3-31-24 Total $4,644.32 02/28/24 36565 NATIONWIDE RETIREMENT SOLUTION DEF. COMP W/H - PAY PERIOD 2 G 101-21705Other Retirement$2,850.00 DEF. COMP W/H - PAY PERIOD 4 G 101-21705Other Retirement$2,850.00 DEF. COMP W/H - PAY PERIOD 5 G 101-21705Other Retirement$2,850.00 Total $8,550.00 02/28/24 36566READY WATT ELECTRIC E 101-42500-300Professional Srvs2216245$7,216.42REPAIR/REPLACE SIREN BOXES & NEW BATTERIES Total $7,216.42 02/28/24 36567SUN LIFE INSURANCE COMPANY G 101-21715Life Insurance$110.46LIFE INSURANCE - THRU 3-31-24 G 101-21708Short Term Disability Ins$254.29SHORT TERM DIS. - THRU 3-31-24 Total $364.75 02/23/24 11:03 AM CITY OF CENTERVILLE Page 3 *Check Detail Register© Batch: 02-28-24pay Check #Check DateVendor NameAmountCommentInvoice 36568 02/28/24 SWEENEY, KRIS E 101-41400-331Travel Expenses$86.20MILEAGE REIMBURSEMENT FROM 4-3-23 THRU 12-31-23 E 601-49400-331Travel Expenses$9.17MILEAGE REIMBURSEMENT FROM 4-3-23 THRU 12-31-23 E 602-43200-331Travel Expenses$9.17MILEAGE REIMBURSEMENT FROM 4-3-23 THRU 12-31-23 Total $104.54 02/28/24 36569TASC E 101-41400-300Professional SrvsIN3027811$26.74ADMINISTRATION FEE - COBRA - SERV THRU 4-30-24 Total $26.74 02/28/24 36570VERIZON E 101-42400-321Telephone9956241251$59.36CELL PHONE CHARGES THRU 2-9-24 E 101-43000-321Telephone9956241251$49.36CELL PHONE CHARGES THRU 2-9-24 E 601-49400-321Telephone9956241251$49.36CELL PHONE CHARGES THRU 2-9-24 E 602-43200-321Telephone9956241251$49.36CELL PHONE CHARGES THRU 2-9-24 E 603-43000-321Telephone9956241251$40.01CELL PHONE CHARGES THRU 2-9-24 Total $247.45 $207,580.99 10100 Fund Summary 10100 MIDWESTONE BANK 101 General Fund$202,477.58 401 Escrow/Legal/Engineering$881.10 601 Water Fund$3,432.03 602 Sewer Fund$125.27 603 Storm Water Fund$665.01 $207,580.99 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration VII.2 TITLE OF ISSUE: Centennial Lakes Police Department Claims BACKGROUND AND SUPPLEMENTAL INFORMATION: The packet contains Check Register & Detail which includes the following disbursements for consideration: Payroll Check #15110-15112, Check #15 113-15 123, E202401 6-E202401 8 COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve along with the Consent Agenda. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Supporting Documents Contained in Packet Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent X Tabled Until: ______________________________ Regular Other: ___________________________________ Payroll Check #15110-15112 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration VII.3 TITLE OF ISSUE: Centennial Fire District Claims BACKGROUND AND SUPPLEMENTAL INFORMATION: The packet contains Check Register & Detail which includes the following disbursements for consideration: Check #9645-9656 COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve along with the Consent Agenda. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Supporting Documents Contained in Packet Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent X Tabled Until: ______________________________ Regular Other: ___________________________________ CENTENNIAL FIRE DISTRICTCheck Register - FIREPage: 1 Check Issue Dates: 1/24/2024 - 2/13/2024Feb 07, 2024 04:43PM Report Criteria: Report type: Summary Check NumberInput DateCheck Issue DatePayeeAmount 964502/01/202402/01/2024M&G Trailer Sales, Service and Rental8,995.00 964602/07/202402/13/2024ANOKA COUNTY TREASURY DEPT.112.50 964702/07/202402/13/2024CENTENNIAL UTILITIES734.16 964802/07/202402/13/2024CENTURY COLLEGE545.00 964902/07/202402/13/2024EMERGENCY APPARATUS MAINT, INC1,106.24 965002/07/202402/13/2024Gilbert Mechanical Contractors, LLC340.00 965102/07/202402/13/2024MACQUEEN EMERGENCY1,880.00 965202/07/202402/13/2024Metro-INET2,419.00 965302/07/202402/13/2024MN Fire Service Certification Board1,369.00 965402/07/202402/13/2024MNIAAI25.00 965502/07/202402/13/2024VERIZON WIRELESS130.86 965602/07/202402/13/2024WEX BANK776.27 Grand Totals: 18,433.03 M = Manual Check, V = Void Check CENTENNIAL FIRE DISTRICTInvoice Register - Report for COUNCILPage: 1 Input Dates: 1/24/2024 - 2/13/2024Feb 07, 2024 04:32PM NameInvoiceDescriptionInvoice DateTotal Cost ANOKA COUNTY TREASURY DEPT. (121) ANOKA COUNTY TB240116CJANUARY - Broadband (CAC Fiber)02/13/2024112.50 Total ANOKA COUNTY TREASURY DEPT. (121):112.50 CENTENNIAL UTILITIES (138) CENTENNIAL UTILI02 13 2024JANUARY - Gas, Water (Station 1)02/13/2024734.16 Total CENTENNIAL UTILITIES (138):734.16 CENTURY COLLEGE (142) CENTURY COLLEG1201135Hazardous Material Operations 1072: Kyle Pflueger02/13/2024545.00 Total CENTURY COLLEGE (142):545.00 EMERGENCY APPARATUS MAINT, INC (163) EMERGENCY APP130805ENGINE E-11: Cab heat repair, Transmission temp sensor repl02/13/2024739.36 EMERGENCY APP131003ENGINE E-11: Transmission temp warning service02/13/2024366.88 Total EMERGENCY APPARATUS MAINT, INC (163):1,106.24 Gilbert Mechanical Contractors, LLC (188) Gilbert Mechanical 241100Annual Fire Sprinkler System Inspection02/13/2024340.00 Total Gilbert Mechanical Contractors, LLC (188):340.00 M&G Trailer Sales, Service and Rental (306) M&G Trailer Sales, 80512Trailer - 2023 Aluma, Model 8216 / Serial #: 1YGHD1624PB2602/01/20248,995.00 Total M&G Trailer Sales, Service and Rental (306):8,995.00 MACQUEEN EMERGENCY (214) MACQUEEN EMERP24646SCBA Flow Tests (26), Face piece Flow Tests (4)02/13/20241,880.00 Total MACQUEEN EMERGENCY (214):1,880.00 Metro-INET (223) Metro-INET1728FEBRUARY - Phone & IT Services02/13/20242,419.00 Total Metro-INET (223):2,419.00 MN Fire Service Certification Board (235) MN Fire Service Cer12005FF I Cert. Exam: D.Berg (8/31/23)02/13/2024126.00 MN Fire Service Cer12005FF II Cert Exam: D.Berg (9/28/23)02/13/2024126.00 MN Fire Service Cer120051072 Haz Mat Ops: D.Berg (10/28/23)02/13/2024357.00 MN Fire Service Cer12091Life Fire Instructor Cert. Exam: J.Pfeffer, M.Tschida, M.Weber (02/13/2024551.25 MN Fire Service Cer12103FAO Pumper re-test: D.Eckart (12/13/23)02/13/202425.00 MN Fire Service Cer12150Fire Instructor Certification Exam: G.Wessman (12/20/23)02/13/2024183.75 Total MN Fire Service Certification Board (235):1,369.00 MNIAAI (241) MNIAAI1340Membership Renewal: M.Tschida (through 12/31/24)02/13/202425.00 CENTENNIAL FIRE DISTRICTInvoice Register - Report for COUNCILPage: 2 Input Dates: 1/24/2024 - 2/13/2024Feb 07, 2024 04:32PM NameInvoiceDescriptionInvoice DateTotal Cost Total MNIAAI (241):25.00 VERIZON WIRELESS (287) VERIZON WIRELE995432257412/16 - 1/15 Mobile Broadband & Monthly Phone02/13/2024130.86 Total VERIZON WIRELESS (287):130.86 WEX BANK (291) WEX BANK94946685JANUARY - Fuel02/13/2024776.27 Total WEX BANK (291):776.27 Grand Totals: 18,433.03 Report GL Period Summary Vendor number hash:0 Vendor number hash - split:0 Total number of invoices:0 Total number of transactions:0 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration/City Clerk VII.5 TITLE OF ISSUE: Centerville Lions Request for Special Event Permit, Temp. Liquor & Gambling - Cadillac Dinner (4/20/2024) BACKGROUND AND SUPPLEMENTAL INFORMATION: Contained in your packet, you will find the appropriate fillings for the above request. You will also find a request for waiving of fees. This event has been taking place for numerous years, the Centerville Lions have a proven track record of providing events to the public without issue. They ensure public safety, take pride in hosting events without issues and give back to their community. This is a large fund-raising event. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to approve the Special Event Permit/Private Property, Temp. Liquor & Gambling Permits as submitted and waiving associated fees. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Engineering VIII.1 TITLE OF ISSUE: Development Security Release Request - Kwik Trip BACKGROUND AND SUPPLEMENTAL INFORMATION: Kwik Trip has requested the release or partial release of their development securities. Staff has reviewed the escrow agreement and has deducted costs against those escrows and has the following recommendation: Reduce the Turn Lane security to 25% of its original amount, per the stipulation in the escrow agreement. At the conclusion of the 2-year warranty period (December of 2024), the remaining security can be released. Release the balance of the development review escrow. COST AND SOURCE(S) OF FUNDING: N/A - Return of escrow funds. REQUESTED COUNCIL ACTION: Motion to reduce the Turn Lane escrow to $40,449 and return the balance of the development review escrow, in the amount of $881. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Escrow Agreeent Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: February 28, 2024 Administration VIII.2 TITLE OF ISSUE: Reschedule Town Hall Open House BACKGROUND AND SUPPLEMENTAL INFORMATION: At the last City Council meeting, a Town Hall Open House was scheduled for March 11. It has come to our attention that this falls during Centennial School's Spring Break week. In order to ensure that the public has ample opportunity to attend, staff is seeking an alternate date for the meeting. COST AND SOURCE(S) OF FUNDING: N/A - REQUESTED COUNCIL ACTION: Motion to reschedule the Town Hall Open House for _______________________. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Other (specify) ____________ __________ ___ _______________________________________________________________ _____ _____ _________________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Report February 28, 2024 ADMINISTRATION City Day on the Hill Junior Councilmember Avery Sauber and City Cities. The day-long event will be held on March 7 and will include a one-on-onemeeting with both our state representative and senator. Attendees are encouraged to use the event to: Advocate Learnabout important legislative issues impacting cities, including housing, emergency medical services (EMS), capital investment, and other key priorities. Engagewithstate policymakers about many legislative proposals and their potential impacts on cities. ADMINISTRATION 2024 Presidential Primary Early Voting Still Open You may come to city hall to vote in the Presidential Nomination Primary, up through election day. Election Day WHERE: Fellowship Hall(Space to the Right Upon Entry), 6995 Centerville Road WHEN: March 5, 2024, 7 a.m. 8 p.m. Election judges have been trained and are eager to assist voters! Please come out and exercise your right to vote. Accuracy Testing Accuracy Testing on the DS200 (Ballot Counting Machine)& Omni Ballot marking machineensuring that all of election equipment is ready for Election Day. This testing is required by State Law and will occur again prior to both the State Primary (August 13, 2024) and the General Election (November 5, 2024). The public is welcome to attend and viewthe testing process. Notices are placed in the Quad Community Press with regards to time, place, etc. Join Us! CENTERVILLE CARES Hunger Day on the HillMarch 13, 2024 Hoping to help end hunger in Minnesota? If you or someone you know wants to help, you can team up with Hunger Solutions and register to attend th Hunger Day on the Hill on March 13. At this event, you will be able to learn about key issues, hear guest speakers, and meet with legislators. To register for this event then click here. If you are interested in helping end hunger in Minnesota but are unable to attend this event, click hereto learn more about other ways that you can help. Met Council State of the Region Address opportunities for public input. RSVP now! Program 9:00 a.m. Informal conversation time with Met Council members and Met Council executive leadership 10:00 a.m. Welcome and remarks by Chair Zelle and special guests 10:45 a.m. Panel discussion of regional leaders, facilitated by Tane Danger Light refreshments will be served. City Hall Building Updates Last week, we continued our minor updates to City Hall by painting the bathrooms and ordering some signs to replace paper ones taped to the doors. Pictures of the bathrooms were omitted from this report for obvious reasons. New Liquor License At the last City Council meeting, a new liquor license was approved, contingent upon the results of an expanded any issues with the applicant. Therefore, we are happy to welcome NY Liquors as a new business owner in our city. Meeting and City Hall Schedule February 28, 2024, 5:00 p.m./6:30 p.m. City Council WS & Regular CC Mtg March 4, 2024, 5:30 p.m. Planning & Zoning Commission March 6, 2024, 6:00 p.m. Parks & Recreation Committee March 20, 2024, 5:30 p.m. Economic Development Authority PARKS & RECREATION Here We will be having a photo opportunity with the Contest Winner: Ms. Erin Rehnke, the Mayor, D. Love, and our Public Works Staff. The Mayor will present Ms. Rehnke with a check and North Metro TV will be on site to complete a short segment that will be aired on their channel. Stay tuned for additional photos and a link to the short segment. ANOKA COUNTY PARKS Revitalize your Park Rice Creek Chain of Lakes Roadway & Parking Lot Improvements Residents are invited to participate in an open house to discuss details of the project and provide feedback. WHERE: Wargo Nature Center, 7701 Main Street, Lino Lakes WHEN: February 28, 2024, 6-7:30 p.m. OPEN HOUSE: 6 p.m. PRESENTATION: 6:15 p.m. DISCUSSION: 6:30-7:30 p.m. Visit anokacountyparks.com/news-and- information for project updates or call Danielle at: 763-324-3426. ECONOMIC DEVELOPMENT Quad Area Chamber Calendar March 12, 2024 Sip & Learn 10:15AM-11:15AM The Rookery March 14, 2024 Monthly Board Meeting 12:00PM-1:00PM PUBLIC WORKS Water Tower 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 Staff received confirmaiton that our 1-Ton pick- 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. 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 presented information at the January 24 City Council meeting and answered questions on project logistics. The watershed is seeking share is estimated at $35,000. The City Council will consider their support of this cost at an upcoming meeting. ENGINEERING th 20Avenue (CSAH 54) Corridor Study The technical advisory panel for the corridor study met on January 23 to review initial design options for several intersections within the corridor. Other design elements, such as turn lanes, medians, trails and other pedestrian accommodations were also discussed. Public input meetings will be held soon to gain input on the ultimate design. Stay tuned for updates on how to weigh in. Northeast Metro Water Supply Planning Workshops The next workshop in this series of meetings regarding water supply will be on February 29. City Engineer Statz plans to attend and give input. We are also tracking a bill at the legislature that aims to topic. Our legislative advocates at Metro Cities and the League of Minnesota Cities are working to oppose this bill and any further regional overreach by Met Council. CENTENNIAL LAKES POLICE DEPARTMENT Hiring Our latest candidate for an officer position is in the final stages of evaluation and should be ready to hit the streets soon. With this hire, we would be just one open position from a fully staffed department for the for top quality people to round out our team. CENTENNIAL FIRE DISTRICT https://www.centennialfire.org/services-2. COMMUNITY DEVELOPMENT 1687 Westview Street (LaLonde Property) A Memorandum of Understanding was approved at the December 13 City Council meeting, outlining the various facets of a potential development deal involving Tax Increment Financing in support of a 110-unit market rate apartment building. The development was also presented to the planning commission for a sketch plan review on January 2, 2024. Ebert Companies is now working to prepare an application for a Preliminary Plat and PUD as the next step in the entitlement process. The city is seeking feedback on the proposed development. You can find more information and an for sometime in early March. Stay tuned for more information. Block7 Property (Downtown) Kennedy Property Development Staff has not received any meaningful response from Kennedy Development. Other Interested Parties Our realtor has been speaking with a developer who is interested in exploring up to 50 townhome units on the site. Their product involves 3-story buildings, in a high density arrangement, like row-homes. 1737 Main Street (Block 3) A restaurant owner has expressed interest in the site, through our realtor. He will be exploring building layout options. 7087 Centerville Road 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 MillEstates 1 and 2 Additions The developer has had surveyors working on site to complete necessary documentation for close-out of the , which is the main remaining item 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. Kwik Trip The release or reduction of site securities is on this City Council agenda for consideration. 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. Bay View Villas (Waterworks Site) Application for a wetland permit close-out has now been received by the watershed and is in process for approval. MaxStorage (Fairview Street) The building has been given a Certificate of Occupancy and is now fully operational. The owners have four potential tenants for the 8-bay building and are working with the Building Official on any modifications that may be necessary to accommodate them. The Planning Commission gave the okay for th 3 of the four interested parties, while the 4 will require a Conditional Use Permit. Development Inquiries Restaurant owner interested in 1737 Main Street th Trucking Company looking for space to park trailers on 20 Ave. site. COMMUNITY ENGAGEMENT (January 2024) Website (January) 1.5k users 1.4k new 4.3k page views Web Site (Featured News) Exercise your Right to Vote Share your Feedback LaLonde Development Follow us on Social Media City offices Closed February Centerville Cares Skate Night Hiring Rink Attendant Name a Snowplow Contest Stories for Cemetery Tour Reader Board (11,000+ cars/day) Committee/Commission Vacancy Announcement Meeting Schedules Voting information Social Media (559 Twitter; 794 FB Followers) (349/1,089 Total Impressions) City Accounts o 1/11 Skate Night Reminder (X, N/A) o 1/11 New Police Officer (X, N/A) o 1/18 Skating Rinks Open (96, 386) o 1/22 Presidential Nominating Primary (73, 140) o 1/24 Centerville Lake Alum Treatment Presentation (70, 321) o 1/25 Centerville Cares Blood Donor Month (110, 242) Community Email List (252 email addresses) Upcoming CC Agenda, Admin. Report & Newsletter Business Email List (60 email addresses) 2/5 DEED Webinar: reimbursement to business providing accessibility accommodations. 2/8 Quad Chamber Lunch-n-Learn on knowing your rights when you sign a lease agreement. Google Business Profile 225 Visits 9 calls directly from site 190 asked for directions. 26 website visits from profile 111 profile views