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2024-03-20 EDA Packet
CITY OF CENTERVILLE ECONOMIC DEVELOPMENT AUTHORITY ЋΑǣ MEETING AGENDA Wednesday, March 20, 2024 5:30 p.m. MEETING WILL BE IN PERSON LIVE-STREAMED AT: https://northmetrotv.com/centerville-stream/ MEETING I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA 1. Call for Changes to the Agenda IV. APPROVAL OF MINUTES 1. February 20, 2024 EDA Meeting Minutes V. BILLS AND COMMUNICATIONS 1. Bills Check List 2. Communications a. NY Liquor Corporation, formerly JPs Liquor VI. PRESENTATION 1. Karen Skepper, Anoka County - TBD VII. REPORTS 1. Partner Agency Reports a. Anoka County Regional Economic Development (ACRED) b. Quad Area Chamber of Commerce c. Hugo Area Business Association 2. Year to Date Financials 3. Ongoing Programs: a. Blue Logo Sign b. Center Stage c. Business Revolving Loan and Grant Program 4. AdministratorÓs Report VIII. OLD BUSINESS 1.Main Street Enhancements 2. Swag for Upcoming Events IX. NEW BUSINESS 1.June 19, 2024 EDA Meeting X. ADJOURNMENT INFORMATIONAL MATERIALS Open Meetings Law Information MEETING REMINDERS All Meetings at 6:30 PM unless otherwise noted City Council Work Session Î Wednesday, March 27, 2024 Î 5:00 p.m. City Council Meeting Î Wednesday, March 27, 2024 Planning and Zoning Commission Î Tuesday, April 2, 2024 Parks and Recreation Committee Î Wednesday, April 3, 2024 Economic Development Authority Î Wednesday, April 21, 2024 Anoka County Regional Economic Development Authority Meetings th Anoka County Business Summitt - May 8 at Bunker Hills Event Center from 9AM-12PM Quad Area Chamber of Commerce Meetings Nosh & Networking Î March 27, 2024 Î 5:00pm-7:00pm Î Tavern on the Main Board of Directors Meeting Î April 11, 2024 (12:00p.m. via Zoom) CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA IV.1 TITLE OF ISSUE: February 20, 2024 Minutes BACKGROUND AND SUPPLEMENTAL INFORMATION: The February 20, 2024 EDA minutes are included in the packet. COST AND SOURCE(S) OF FUNDING: None REQUESTED ACTION: Motion to approve the February 20, 2024 EDA meeting minutes. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Meeting Minutes Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE ECONOMIC DEVELOPMENT AUTHORITY MEETING MEETINGS February 20, 2024 5:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a regularly scheduled Economic Development Authority meeting on February 20, 2024. MEETING NOT APPROVED I.CALL TO ORDER The meeting was called to order at approximately 5:30 p.m. by President Remillard. II. ROLL CALL President Remillard called the roll. PRESENT: President Mark Remillard Vice-President Chris Swenson Commissioner Darrin Mosher Commissioner Tony Smith Junior Councilmember Avery Sauber ABSENT: Commissioner Raye Taylor STAFF: Assistant City Administrator/EDA Executive Director, Athanasia Lewis ABSENT: None III. APPROVAL OF AGENDA 1. Call for Changes to the Agenda There was one revision to the agenda and that is to add check #10380 in the amount of $34.44 for payroll deductions. Motion by Commissioner Mosher, seconded by Commissioner Swenson to approve the revised agenda. All in favor. Motion carried. IV. APPROVAL OF MINUTES The minutes were approved as presented. City of Centerville EDA Meeting Minutes February 20, 2024 Motion by Commissioner Swenson and seconded by Commissioner Mosher to approve the February 20, 2024, meeting minutes. All in favor. Motion carried. V. BILLS AND COMMUNICATIONS 1. Bills a. Check List Executive Director Lewis reviewed the bills as presented in the packet. Motion by Commissioner Smith and seconded by Commissioner Smith to approve the bills. All in favor. Motion carried. 2. Communications a. Hotel Executive Director Lewis reported that staff met with Apollo Development to discuss the prospect of a hotel on the site north of NorBella. The proposed project would have 90-100 rooms and be a premier brand. Staff shared the market study with Appollo and their hotel operator (new proposed project partner). VI. PRESENTATION a. Mike Brass, Titus Commercial Real Estate Mike Brass, the cityÓs realtor, reviewed the financial analysis he prepared for construction of a 5,480sf building, at the1737 Main Street site, noting that on a $2M building with a 7.5% interest rate, 20% down for 25-years, the return on investment would be about 1.5%. He noted that this would be difficult to make work. He reviewed alternative scenarios with the EDA, such as a shared space concept where his business is located. Titus Commercial Real Estate shares a building with a tenant and several other businesses that are operating out of executive suites; Mike noted that rents are manageable with a shared kitchen space. Mike also noted that the numbers could work on 3500sf building with apartments on the top floor, if the conditions were right, such as the use of HRA funding, appropriate rents, and the elimination of taxes for about ten years. Mike reported that one of the owners at the Max Storage reached out to him to get help renting their bays Î he reported that the process to get the units rented is complex. Discussion ensued about tenants that require conditional use permits versus automatic approvals. The building design was approved for storage, so uses outside this scope may require changes to individual bays. Staff reported that the Planning and Zoning Commission is looking at updates to the Zoning Ordinance to clarify verbiage on Ðsimilar usesÑ in the Table of Allowable Uses - Table 156-A. Staff reported that last month The Planning and Zoning Commission approved an auto detailer and an ATV company. A cabinet maker requires a conditional use permit (CUP) due to needed changes to the bay the business would occupy. VII. REPORTS 1. Partner Agency Reports Ћ City of Centerville EDA Meeting Minutes February 20, 2024 a. Anoka County Regional Economic Development (ACRED) Executive Director Lewis reviewed the report as presented in the packet. 2. Year to Date Financials Executive Director Lewis reviewed the financial report as presented in the packet. Motion by Commissioner Swenson and seconded by Commissioner Smith to approve the financial report as presented. All in favor. Motion carried. 3. Ongoing Programs: Executive Director Lewis reviewed the Ongoing Programs report as presented in the packet. 4. AdministratorÓs Report Executive Director Lewis reviewed the AdministratorÓs Report as presented in the packet. VIII. OLD BUSINESS 1. Main Street Enhancements Executive Director Lewis reviewed the item as presented in the packet. Discussion ensued about banners Î their size, hardware, and replacement. Discussion also ensued about replacing every third banner with a seasonal-themed banner or doing something other than displaying banners. Suggestions include potted plants along Main Street or hanging led lights. The EDA asked for a quote on hardware to support larger banners on the exiting light poles. 2. Swag Quotes Executive Director Lewis reviewed the item as presented in the packet. Discussion ensued about the quotes included in the packet. The EDA would like a quote on campfire mugs. The item was tabled for continued discussion next month. Motion by Commissioner Swenson and seconded by President Remillard to table the quotes for swag. All in favor. Motion carried. 3. Business Appreciation Update Executive Director Lewis reviewed the item as presented in the packet. Discussion ensued about the budget for this yearÓs event. The budget for the event would include food, swag, venue, speaker(s), etc. Motion by Commissioner Mosher and seconded by Commissioner Swenson to approve a budget not to exceed $2,400 for the business appreciation event. All in favor. Motion carried. 4. Goals & Priorities Executive Director Lewis reviewed the item as presented in the packet. Discussion ensued about the use of Anoka County Housing and Redevelopment Authority (HRA) funding designated for Centerville for things such as acquisition of property, studies, etc. Discussion also ensued about an incubator space, placemaking, whether the City/EDA wants to become a landlord and/or how the city would acquire partners for an incubator space. Ќ City of Centerville EDA Meeting Minutes February 20, 2024 IX. NEW BUSINESS 1. Business Cards Executive Director Lewis introduced this item as presented in the packet. Discussion ensued about business cards and lanyards. Motion by Commissioner Mosher, seconded by President Remillard to order business cards and lanyards. All in favor. Motion carried. X. ADJOURNMENT Motion by Commissioner Swenson, seconded by Commissioner Smith to adjourn the February 20, 2024, Economic Development Authority meeting at 7:47 p.m. All in favor. Motion carried. Ѝ CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA V.1 TITLE OF ISSUE: Bills BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached check list in the packet. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to approve the checks as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Check List Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 03/14/24 12:53 PM CITY OF CENTERVILLE Page 1 *Check Detail Register© Batch: 031324PAY-EDA,031424PAYeda Check #Check DateVendor NameAmountCommentInvoice 10350 EDA-MIDWESTONE BANK 03/15/24 24 eIRS/EFTPS G 201-21703FICA Tax Withholding$34.44FICA/MED W/H - EDA PAY PERIOD 2 Total $34.44 03/20/24 1075MAIN STREET DESIGNS E 201-46500-340Advertising & Printing1705$50.00GRAPHIC DESIGN - CENTER STAGE AD FOR MAX STORAGE Total $50.00 03/20/24 1076PRESS PUBLICATIONS E 201-46500-340Advertising & Printing797965$125.00CENTER STAGE 2X3 Total $125.00 03/20/24 1077PRISTINE LIGHTING E 201-46500-300Professional Srvs509$1,860.00REMINING BALANCE ON TREE & CITY HALL BUILDING LIGHTING Total $1,860.00 03/20/24 1078QUAD AREA CHAMBER OF COMMERCE E 201-46500-433Dues and Subscriptions44$360.00QUAD GOVERNMENT - CITY OF CENTERVILLE Total $360.00 03/20/24 1079ANOKA COUNTY TREASURY E 201-46500-433Dues and SubscriptionsEC30724E$233.002024 ECONOMIC DEV COST SHARE Total $233.00 $2,662.44 10350 Fund Summary 10350 EDA-MIDWESTONE BANK 201 ECONOMIC DEVELOPMENT FUND$2,662.44 $2,662.44 CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA V.2 TITLE OF ISSUE: JP Liquor - New Owner & New Name - NY Liquor Corporation BACKGROUND AND SUPPLEMENTAL INFORMATION: On March 4, 2024 Yang NY Liquor Corporation COST AND SOURCE(S) OF FUNDING: None REQUESTED ACTION: Update only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VII.1 TITLE OF ISSUE: Partner Agency Report BACKGROUND AND SUPPLEMENTAL INFORMATION: ACRED - A quarterly partner meeting was held on March 7 at the Rusty Bumblebee in Blaine. See the attached meeting summary. Quad Area Chamber - The Lunch & Learn event on March 21 is on AI - what you should know and how businesses can use it. You can register for the event on the Quad Area Chamber website. HBA - The monthly meeting will be held on Tuesday, March 19 from 12:00p.m.-1:00p.m. COST AND SOURCE(S) OF FUNDING: None REQUESTED ACTION: Update only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Other (specify) _____ _____ _____ _______________________________________________________________ _____ _______________________________________________________________ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular Anoka County Regional Economic Development Partner Agency Meeting Summary Rusty Bumblebee in Blaine March 7, 2024 Attending Partners - City of Centerville, Ramsey County, City of St. Francis, City of Blaine, City of Lino Lakes, Connexus Energy, Metro North Chamber, MN DEED, MCCD (Metropolitan Consortium of Community Developers). Presentations 1. Story of the Rusty Bumblebee - The Rusty Bumblebee is a self-pour tap house located in the Club West Plaza in Blaine (10950 Club W Pkwy NE #160, Blaine, MN 55449). The owners were inspired to open the establishment after visiting the Duluth Tap Exchange. More than thirty types of draft beer are offered. There is also live music and a pet friendly patio with parking behind the building. 2. Town Center Redevelopment Project Î the City of Blaine is working with developers on a th new town center, around 105th Ave near 109 and Nassau Street NE, with mixed-use development and opportunities for housing, retail, dining, and recreation. The webpage for the project is: https://www.blainemn.gov/3441/105th-Avenue-Redevelopment. 3. Greystar Development Î Ned Dodington, director of development for Greystar, provided an overview of the types of projects they work on. They develop large-scale market rate multifamily units. They own a modular manufactory factory that helps them keep construction costs down. More information about Greystar can be found here: Real Estate and Property | Greystar. Updates Anoka County Î Several applications for the open County Administrator position have been received and a new administrator will be announced in May. Coon Rapids Î staff is working on small projects like car washes. Lino Lakes Î the staff is working on small projects and transportation projects. MCCD Î Their revolving loan fund is now at 4% Metro North Chamber Î the staff are working on a promotional piece that highlights communities in the area. Centerville will be included in their marketing brochure. Conexus Energy - Christine Costello, the Community & Economic Development Representative has left Connexus and taken a position in Golden Valley, MN. The position will be posted soon. ACRED Î A consultant is working on a strategic plan that should be wrapped up this summer. DEED Î the Business Development Team at DEED is assembling and rolling out a Site Readiness software platform. They are assembling a list of site ready properties as part of this yearÓs Site Ready program and cities can upload their sites to the platform. CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VII. TITLE OF ISSUE: Financial Report BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached financial report COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to approve the as presented. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Financial Report Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular Economic Development Authority Monthly Financial Report onth Ended February 29, 2024 % of year 16.67% MTDYTDBudgetVariance% Budget 2/29/202420242023+(-)Used Revenues: 201-46500-39201 Transfers In υЍЉͲЉЉЉ͵ЉЉυЍЉͲЉЉЉ͵ЉЉ$ 40,000$ -100.00% 201-46500-36210 Interest Earnings138$ 290$ -$ 290.00$ 0.00% 201-46500-36270 Miscellaneous-$ -$ $ -$ -0.00% Total Revenues40,138$ 40,290$ $ 40,000$ 2900.00% Expenditures: 201-46500-100 Wages and Salaries225$ 450$ $ 2,400$ 1,9501.44% 201-46500-122 FICA17$ 34$ $ 184$ 1490.00% 201-46500-210 Operating Supplies-$ -$ $ 1,500$ 1,5000.00% 201-46500-300 Professional Srvs **1,625$ 1,625$ $$ (1,625)0.00% 201-46500-303 Engineering Fees-$ -$ $$ -0.00% 201-46500-304 Legal Fees-$ -$ $$ -0.00% 201-46500-331 Travel Expense-$ -$ $ 700$ 7000.00% 201-46500-340 Advertising & Printing-$ 1,080$ $ 16,100$ 15,0200.00% 201-46500-343 Marketing-$ -$ $$ -0.00% 201-46500-377 Appreciation/Events-$ -$ $ 1,300$ 1,3000.00% 201-46500-378 Opportunity fund (Reserved Funds)$ 15,341$ 15,3410.00% 201-46500-430 Miscellaneous-$ -$ $ 100$ 1000.00% 201-46500-433 Dues and Subscriptions320$ 640$ $ 875$ 2353.43% 201-46500-441 Conf. & Schooling30$ 30$ $ 1,500$ 1,4700.00% 201-46500-810 Refunds & Reimb.-$ -$ $ -$ -0.00% Total Expenditures2,217$ 3,859$ $ 40,000$ 36,141 NET REVENUE/EXPENDITURES37,920$ 36,430$ $0 Fund Balance, January 155,396$ Fund Balance, Current91,826$ 03/13/24 3:46 PM CITY OF CENTERVILLE Page 1 *Check Reconciliation© EDA-MIDWESTONE BANK 10350 EDA FEBRUARY 2024 Account Summary Beginning Balance on2/1/2024$55,305.75 Cleared $93,481.20 + Receipts/Deposits$40,137.67 Statement $93,481.20 - Payments (Checks and Withdrawals) $1,962.22 Difference $0.00 $93,481.20 Ending Balance as of 2/29/2024 Cash Balance Beginng Balance $55,305.75 Active101-10350 General Fund$0.00 + Total Deposits $40,137.67 Active201-10350 ECONOMIC DEVELOPMENT FUND$91,826.20 - Checks Written $3,617.22 Cash Balance$91,826.20 Check Book Balance $91,826.20 Difference $0.00 03/13/24 3:46 PM CITY OF CENTERVILLE Page 2 *Check Reconciliation© EDA-MIDWESTONE BANK 10350 EDA ClearedAmountPartially Cleared Check NbrVendor NameCheck DateAmount This MonthNot ClearedLast Month Deposit 022924INTEDA3/13/2024($137.67)-($137.67)- Deposit 022824 EDA 23/13/2024($40,000.00)-($40,000.00)- 506405EEDA payroll ACH2/14/2024$207.78-$207.78- 000023EIRS/EFTPS2/16/2024$34.44-$34.44- 001069 EDAM1/17/2023$320.00-$320.00- 001070 LONNI OLSON1/17/2023$360.00-$360.00- 001071 S & B CENTER CORPORATION1/17/2023$720.00-$720.00- 001072 CITY OF CENTERVILLE2/20/2024$320.00-$320.00- 001073 HUGO BUSINESS ASSOCIATION2/20/2024$30.00--$30.00 001074 PRISTINE LIGHTING2/20/2024$1,625.00--$1,625.00 Receipts/Deposits ($40,137.67)($40,137.67)$0.00$0.00 Payments/Withdrawals$1,655.00$1,962.22$1,655.00$0.00 ($40,137.67) Total Deposits $3,617.22 Total Checks Written *Next month items not included in Total Deposits & Checks Written (Outstanding + Cleared Checks) CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VII.3 TITLE OF ISSUE: Ongoing Programs BACKGROUND AND SUPPLEMENTAL INFORMATION: Blue Logo Sign - No New Activity Center Stage - An ad for Max Storage has been created. Staff has reached out to the new owners of JPs Liquor, now NY Liquor Corporation, to schedule a meeting to talk about EDA programs - we are awaiting a response. Business Revolving Loan and Grant Program - No new activity, however, staff has spoken to Center Market about the program. COST AND SOURCE(S) OF FUNDING: None REQUESTED ACTION: Update only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Center Stage Ad for Max Storage Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 8:8:76 SPONSORED BY THE CENTERVILLE EDA CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VII.4 TITLE OF ISSUE: Administrator's Report BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached Administrator's Report. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Update only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Administrator's Report Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular AdministratorÓs Report March 13, 2024 ADMINISTRATION City Day on the Hill Junior Councilmember Avery Sauber, Mayor D. Love, Councilmember Raye Taylor, and Administrator Statz attended the City Day on the Hill on March 7. Throughout the day, council members and staff learned about legislative issues impacting cities and had the opportunity to meet with our state legislators to discuss them. Governor Walz was also in attendance and made a few remarks. Before making his exit, the governor took a few minutes to meet with Avery Sauber, our Junior Councilmember. During our visits with legislators, we expressed our concerns regarding various bills which look to preempt local zoning control by allowing, by right, the construction of duplexes, triplexes, and other multifamily structures in single family residential neighborhoods. Other provisions of these proposed laws prohibit cities from establishing parking minimums, landscape requirements, architectural standards, and a host of other things. While well-intended, these rules, seem to set aside a cityÓs comprehensive plan and ignore the hard work of planning commissions and city planners across the state. Town Hall Open House Please drop by City Hall on Monday, March 25, 2024, between 5:00p.m.Î8:00p.m. to check out some of the neat things happening in Centerville. At the open house residents will be able to speak with staff and council about development and the LaLonde proposal as well as capital projects (both funded and unfunded). Finally, residents will be able to sign up for Polco, the cityÓs civic engagement software. We are looking forward to seeing th you at City Hall on March 25! Please help us spread the word about this event. Light refreshments will be served. ENGINEERING TH 20 Avenue (CSAH 54) Corridor Study Open House On March 26, from 4:30 Î 6:30 PM at Centerville City Hall, Anoka County and the Cities of Lino Lakes and Centerville will be hosting an open house to look th at draft layouts for the 20 Avenue corridor study. This study outlines how the roadway will look in the 5 to 10 year future. As businesses and residents are added to the area, this route has matured to the point where it has outgrown its current configuration. Come and be a part of designing its upgrade. ELECTIONS 2024 Presidential Primary City Staff processed five absentee envelope ballots, and ten direct ballots during the 45-day period prior to Election Day. The Election Judges assisted four individuals in registering and processed 333 registered voters on Election Day. These numbers are extremely low for the registered public of Centerville, but not a horrible turn-out for the Presidential Primary where most voters are not active. The city was honored with training two new Election Judges and the work of our returning judges. Without these individuals, elections could not happen. Thank you! We will see you in August for the Primary Elections. PUBLIC WORKS WeÓre Hiring The city is hiring for two different job categories. We have one position open for a Full time Public Services Technician and have four positions open for our Seasonal Public Works/Parks Maintenance Workers. Public Services Technician (Full Time) The Public Services Technician will work in the Public Works Department under the direction of the Public Works Director. Duties include but are not limited to: installs or maintains and repairs main water and sewer lines, manholes, catch basins, wells, lift stations, water meters, cement work, buildings, parks, park equipment, property and related equipment and facilities. Also maintains roadways, including patching, filling potholes, paving, sweeping and snow removal (streets, sidewalks, and trails). Also monitors and maintains the cityÓs water and sewer systems. Position requires the ability to respond to public inquiries in a courteous manner, providing information within the scope of knowledge or refers inquires to the Public Works Director or City Administrator. Position requires responding to emergencies after hours and rotating on-call duty evenings, weekends, and holidays. Click here for an employment application packet. Seasonal Public Works/Parks Maintenance Worker This is a summer position assisting in general maintenance of city facilities (parks, streets, etc.). Requires valid driverÓs license and good driving record, high school diploma or GED, experience with maintenance quipment; ability to lift 25 lbs and occasionally up to 75 lbs. Must have personal transportation to work. Hourly pay: $16.30/hr. Applications will be accepted until filled and preference will be given to individuals that have been temporarily employed in this position previously. Click here for an employment application packet Lead Service Line Replacement Mandate New laws require cities to inventory and create a plan for replacement of lead service lines (even if the city does not own the portion on the private property). Luckily for Centerville, we were able to document that none of our cityÓs service lines are lead or galvanized. This is because all of our water system was put in after 1984, when lead service lines and fittings were outlawed. Our inventory and other documentation have been submitted to the State Department of Health, well ahead of the October 16, 2024 deadline. Information on lead service lines will be readily available through an interactive map on the stateÓs website once all the data is received. CENTERVILLE CARES Anoka County Community Social Services & Behavioral Health Programs Î Resources for yourself and your loved ones. Please check out the available programs offered through Anoka County. PARKS & RECREATION New Committee Member Candidate The Committee had the opportunity to interview a candidate for their vacant position, Ms. Katya Port. The Committee will be making a recommendation for appointment to the City Council. The Committee is excited in welcoming a new member. Community Events and Programs The Committee is also requesting that Council consider the Special Event Permit for the Shake Your Shamrock Runs sponsored by KellyÓs Korner and a request from the Centennial Little League for use of the Laurie LaMotte Memorial Park Ballfields for the season. ECONOMIC DEVELOPMENT Quad Area Chamber Calendar March 12, 2024 Î Sip & Learn Î 10:15AM-11:15AM Î The Rookery March 14, 2024 Î Monthly Board Meeting Î 12:00PM-1:00PM Î Online March 21, 2024 Î Lunch & Learn Î 11:30PM-1:00PM Î Lino Lakes Conference Center March 27, 2024 Î Nosh & Network Î 5:00PM-7:00PM Î Tavern on Main in Lino Lakes Welcome New Business Owner Upon a successful expanded background check and purchase agreement, JPÓs Liquor, Wine & Beer will be changing its name to NY Liquors Corp. Owner, YangYuki Yang has participated in selling of tobacco and liquor products provided by the Centennial Lakes Police Department and is excited to take over the business as of March 4, 2024. Stop by and welcome her to the City. The Centerville Economic Development Authority (EDA) The EDA worked with Max Storage to have a promotional ad designed as part of their Center Stage Program. EDAÓs Center Stage Program highlights businesses in the local newspaper and on social media. Max Storage, the featured business shown below, leases industrial space for small businesses. If you are looking for additional space, please contact the owners of the facility at 763-292-0751. Meeting and City Hall Schedule March 26, 2024, 4:30-6:30 p.m. - Anoka County CSAH54 March 25, 2024, 5-8 p.m. - Town Hall Open House March 27, 2024, 5:00 p.m./6:30 p.m. Î City Council WS & Regular CC Mtg April 2, 2024, 5:30 p.m. Î Planning & Zoning Commission April 3, 2024, 6:30 p.m. Î Parks & Recreation Committee March 20, 2024, 5:30 p.m. Î Economic Development Authority Water Tower Consulting engineers, KLM, have finished their work in performing some tests on the towerÓs paint to help understand the scope and timing of a repaint. Staff will be discussing the results of that report with the City Council at an upcoming workshop. Public Works Truck Replacements Staff received confirmaiton that our 1-Ton pick-up is on order. ThereÓs no word yet on a delivery date. Centerville Lake Water Quality Project The Rice Creek Watershed District was awarded a $954,500 Clean Water Fund grant for an alum treatment on Centerville Lake. Matt Kocian, Lake and Stream Program Manager, said: ÐWeÓre very excited for this project, and confident that it will improve water quality conditions.Ñ If possible, the goal would be to complete the first ÐdoseÑ of treatment as early as April of 2024, with a second dose programmed for the spring of 2026. The watershed plans to hold some public informational meetings in the coming months as part of a larger public engagement strategy, including social media posts and appearing at city meetings, among other things. Mr. Kocian presented information at the January 24 City Council meeting and answered questions on project logistics. The watershed is seeking partner participation on the cost of the project from the two cities and the county parks department. CentervilleÓs share is estimated at $35,000. The City Council will consider their support of this cost at an upcoming meeting. ENGINEERING 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 make Water Supply a ÐRegionalÑ issue, giving authority to Met Council to oversee issues related to the 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 The department is happy to announce the hiring of Michael Gustafson. He has worked for the Minneapolis Police Department for a number of years, spending his most recent years in a lab conducting th cell phone and computer forensics examinations. He will be officially starting on or about March 11. When you get the opportunity, please welcome Michael to CLPD as we are very excited to have him join our team. With this hire, we would be just one open position from a fully staffed department for the first time since the pandemic. If you know anyone interested in joining our group, weÓre always looking for top quality people to round out our team. CENTENNIAL FIRE DISTRICT WeÓre Hiring WeÓre hiring! Click here for more info, or to apply: 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. City staff and the developer continue to work on design issues, such as fire lanes, landscaping, traffic issues and architecture. A recent iteration of the buildingÓs exterior shows a nod to Old Centerville School. While this sketch does not represent the final architectural plans for the building, it does give an idea of the types of things being explored. Peltier Estates Sharper Homes has submitted an application for Preliminary Plat and a Planned Unit Development for the th 19 acres in the northeast portion of the city along 20 Avenue, just north of Deer Pass. The development proposal features 24, detached townhomes. A public hearing on the development will be held at the April 2 Planning and Zoning Commission meeting (6:30 PM at City Hall). The proposal is substantially the same as what was proposed in 2017 and again in 2021. rd Old Mill Estates 3 Addition rd The developer of Old Mill Estates is proposing a 3 Addition concept that went before the Planning and Zoning Commission for a ÐConcept ReviewÑ at their March 4 meeting. This subdivision was always a stnd part of the discussion when Old Mill Estates (1 and 2 Additions) was platted. However, the developer needed more time to work out wetland and power line easement issues. With some of those issues more in hand, the proposed subdivision would break up Lot 8, Block 2, into 4 lots (3 new lots). Block 7 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 Î Connor James Salon (Block 8) The required fencing has been installed along the west edge of the parking lot. An inspection of the seeding will take place in the spring to wrap up the initial items on the Interim Use Permit. stnd Old Mill Estates 1 and 2 Additions The developer has had surveyors working on site to complete necessary documentation for close-out of the developmentÓs Rice Creek Watershed District Permit, 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 city council approved a reduction in the developmentÓs security, with the final escrow release coming at the end of the 2-year warranty period (Dec. Ó24) 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. Several minor punch list items remain. Max Storage (Fairview Street) The building has been given a Certificate of Occupancy and is now fully operational. Development Inquiries None COMMUNITY ENGAGEMENT (February 2024) Website (January) 1.3k users 1.2k new 4.2k page views Web Site (Featured News) Share your Feedback Î LaLonde Development Follow us on Social Media Centerville Cares Garage Sale Days Hiring Public Services/Public Works/Parks Tech CSAH 54 Corridor Study Open House Town Hall Open House Stories for Cemetery Tour City Day on the Hill Reader Board (11,000+ cars/day) Committee/Commission Vacancy Announcement Meeting Schedules Voting information Go Cougar Hockey th CSAH 54 (20 Ave) Open House Town Hall Open House Social Media (559 Twitter; 794 FB Followers) (1,000/1,605 Total Impressions) City Accounts p 2/28 Name the Snowplow (685, 344) p 2/23 CC Agenda (X, 252) p 2/14 CenterStage: Max Storage (215,XXX) p 2/14 Anoka Co. Parks Road Recon Open House (X, 756) p 2/5 Join a Committee (100, 253) Community Email List (252 email addresses) Upcoming CC Agenda, Admin. Report & Newsletter Business Email List (60 email addresses) 3/6 Town Hall & Open House th 3/6 20 Ave. Corridor Study Open House 3/6 Quad Area Lunch & Learn on AI for Businesses Google Business Profile 134 profile views 84 Interactions 9 calls directly from site 52 asked for directions. 23 website visits from profile CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VIII.1 TITLE OF ISSUE: Main Street Enhancements BACKGROUND AND SUPPLEMENTAL INFORMATION: At the last EDA meeting, the board discussed banners and hardware forlight poles. See the attached memo . Staff is awaiting a response for quotes on flower pots. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED ACTION: Discussion. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Memo Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular Memorandum Date: March 15, 2024 To: President and Economic Development Committee Members From: Mark Statz, PE – City Administrator/Engineer Subject: Accessory uses for Light Poles on Main Street This memo is to outline the restrictions on the use of the decorative light poles in the downtown, along Main Street. The decorative lights on Main Street were part of a Streetscaping project bid in conjunction with the reconstruction of CSAH 14 (Main Street) circa 2009. A choice was made, at the time, to select a thinner-walled pole in lieu of the more expensive poles with thicker metal. This meant that banners, planters and other accessories would not be able to be accommodated. A few years ago, the topic of adding banners to the poles came up again. With a brief examination of the technical specifications, I was able to feel comfortable adding small banners to the poles, using spring-loaded clamp-on brackets. The spring-loaded brackets allow the banners to flex in high-wind situations, minimizing torque on the poles. As you can imagine, a banner near the top of the 14-foot pole acts like a sail and can put surprisingly large forces on a pole, near the base; a concept called a “moment arm”. Below are the specifications for the poles that we have, showing the allowed Effective Projected Area (EPA) for various wind speeds. Each lamp head, banner and bracket has their own empirical data which establishes their EPA. The general idea is, when added together, the three elements (lamp head, banner and bracket), should not exceed the allowable EPA for the pole. To make a long and complicated story short, the existing banners, with their spring- loaded brackets are close to maxing out the EPA for these poles. Adding larger banners or other accessories to these poles will need careful examination to avoid damaging the poles during a wind storm. CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA VIII.2 TITLE OF ISSUE: Quotes for Swag BACKGROUND AND SUPPLEMENTAL INFORMATION: Please see the attached quotes for swag. COST AND SOURCE(S) OF FUNDING: REQUESTED ACTION: Motion to authorize staff to purchase swag for upcoming events such as Fete des Lacs, 3M Golf Tournament, Anoka County Real Estate Summit, etc. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Quotes Other (specify) ____________ _____ _______________________________________________________________ _____ _____ _______________________________________________________________ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE REQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 20, 2024 Administration/EDA IX.1 TITLE OF ISSUE: JMeeting BACKGROUND AND SUPPLEMENTAL INFORMATION: Juneteenthholiday public business cannot be conducted on holidaystaff is requesting that the EDA select another meeting date in June. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED ACTION: Motion to move the June 19, 2024 EDA meeting to X date. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: AyeNay ____ Other (specify) _____ _____ _____ _______________________________________________________________ _____ _______________________________________________________________ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular 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.PurposeA.Purpose Minn. Stat. § 13D.01. St. The open meeting law requires that The open meeting law requires that pgqgpmeetings of public bodies must meetings of public bodies must Cloud Newspapers, Inc. v. generally be open to the public. generally be open to the public. It serves three vital purposesIt serves three vital purposes:: Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). Prohibits actions from being taken Prohibits actions from beinggg taken at a secret meetinat a secret meeting where the g where the interested public cannot be fully ininterested public cannot be fully inpyformed of the decisions of public formed of the decisions of public bodies or detect improper influences.bodies or detect improper influences.pp Ensures the publicÓs right to be informed.Ensures the ppgublicÓs 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, Ðit (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.Ñ 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 Ðis 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 themÑ). 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 meThe oppgqgpyyen meeting law also requires meetinetings of a public body or of any gs of a public body or of any 9. committee, subcommittee, board, deparcommittee, subcommittee, board, depa,,rtment, or commission of a publictment, 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. 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 Ðmeeting.Ñ The Minnesota g No. 281, 336 N.W.2d 510 Supreme Court, however, has ruled thp,,at meetings are gatherings of a meetings are gatheringsof a (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 quorum or more members of thqggyquorum or more members of the e governing bodyÏor a quorum of a governing bodyÏor a qquorum of a Community Schools,332 committee, subcommittee, board, department, or commission thereofÏat committee, subcommittee, board, department, or commission thereof,,,p,ffÏat N.W.2d 1 (Minn. 1983). which members discuss, decide, orwhich members discuss, decide, or,,g receive information as a group on receive information as a group on issues relating to the officialissues relating to the official business of that governing body business of that governing body.. Minn. Stat. § 412.191, subd. For most public bodies, including statp,gutory cities, a majority of its a majority of its 1. qualified members cqualified members constitutes a quorum. Charter onstitutes a quorum. cities may provide that a Minn. Stat. § 645.08(5). different number of members of the council constitutes a quorum. See Section II-G-4 for more The open meeting law does not generallyThe open meeting law does not generapggyppylly apply in situations where less apply in situations where less information about serial than a quorum of the council is ithan a qq,guorum of the council is involved. Howevernvolved. However, serial meetings,in , serial meetings,,in meetings. groups of less than a quorum,that are gpqgroups of less than a quorum,,that are held to avoid the reheld to avoid the requirements of qquirements of the open meeting law may be found tothe open meeting law may be found top violate the law, depending on the 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 Ðon the record,Ñ 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 countyÓs 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 Ðpending litigationÑ did not satisfy the requirement of describing the subject to be discussed at a closed meeting). All closed meetings, except those closed as permitted by the attorney- Minn. Stat. § 13D.05, subd. 1 client privilege, must be electronically recorded at the expense of the (d). public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.04, subd. 5. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting, the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 14 RELEVANT LINKS: a. Labor negotiations under PELRA Minn. Stat. § 13D.03. A meeting to consider strategies for labor negotiations, including DPO 13-012. negotiation strategies or development or discussion of labor-negotiation proposals, may be closed. However, the actual negotiations must be done at an open meeting if a quorum of the council is present. Minn. Stat. § 13D.03. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.01, subd. 3. exception: The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. A written record of all people present at the closed meeting must be available to the public after the closed meeting. The meeting must be recorded. See Closing a Meeting from DPO. The recording must be kept for two years after the contract is signed. DPO 05-027. The recording becomes public after all labor agreements are signed by DPO 00-037. the city council for the current budget period. Minn. Stat. § 13D.03, subd. 3. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If the court finds no violation of the open meeting law the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. b. Performance evaluations Minn. Stat. § 13D.05, subd. A public body may close a meeting to evaluate the performance of an 3(a). individual who is subject to its authority. Minn. Stat. § 13D.05, subd. The following procedure must be used to close a meeting under this 3(a). exception: Minn. Stat. § 13D.01, subd. 3. DPO 05-013 (advising that a The public body must identify the individual to be evaluated prior to government entity could close a meeting under this closing the meeting. exception to discuss its The meeting must be open at the request of the individual who is the contract with an independent contractor when that subject of the meeting; so some advance notice to the individual is contractor is an individual needed to allow the individual to make a decision. human being). League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 15 RELEVANT LINKS: Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPO 14-007, DPO 15-002, At the next open meeting, the public body must summarize its and DPO 16-002 (discussing conclusions regarding the evaluation. The council should be careful what type of summary is sufficient). not to release private or confidential data in its summary. c. Attorney-client privilege Minn. Stat. § 13D.05, subd. Meetings between the governing body and its attorney to discuss active, 3(b). threatened, or pending litigation may be closed when the balancing of the Brainerd Daily Dispatch, purposes served by the attorney-client privilege against those served by LLC v. Dehen, 693 N.W.2d 435 (Minn. Ct. App. 2005). the open meeting law dictates the need for absolute confidentiality. The Prior Lake American v. need for absolute confidentiality should relate to litigation strategy, and Mader, 642 N.W.2d 729 (Minn. 2002). DPO 16-003. will usually arise only after a substantive decision on the underlying DPO 17-003. matter has been made. Northwest Publications, Inc. This privilege may not be abused to suppress public observations of the v. City of St. Paul, 435 decision-making process, and does not include situations where the N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & council will be receiving general legal opinions and advice on the Tribune v. Housing and strengths and weaknesses of a proposed action that may give rise to future Redevelopment Authority in and for the City of litigation. Minneapolis, 251 N.W.2d 620 (Minn. 1976). Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Free Press v. County of Before closing the meeting, the council must state on the record the Blue Earth, 677 N.W.2d 471 (Minn. Ct. App. 2004) specific grounds permitting the meeting to be closed and describe the (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 Ðpending litigationÑ 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 following procedure must be used to close a meeting under this 3(c). exception: DPO 14-014. Before closing the meeting, the council must state on the record the DPO 08-001 (advising that a public body cannot authorize specific grounds for closing the meeting, describe the subject to be the release of a tape of a discussed, and identify the particular property that is the subject of the closed meeting under this exception until all property meeting. discussed at the meeting has been purchased or sold or the public body has abandoned the purchase or sale). See Closing a Meeting from 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 bodyÓs 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 Ðan individual subject to its authority.Ñ DPO 10-001. The commissioner has also advised that a recording of a closed meeting Minn. Stat. § 13.43. for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public. The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd. 1. exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. Note: There is a special provision dealing with The meeting must be open at the request of the individual who is the allegations of law subject of the meeting. Thus, the individual should be given advance enforcement personnel misconduct; see Minn. Stat. § notice of the existence and nature of the charges against him or her, so 13D.05, subd. 2(a) and that the individual can make a decision. section II.G.2.b.- Certain not- public data. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 18 RELEVANT LINKS: DPO 03-020. (Advising that While the law permits the council to announce that it is closing a when a meeting is closed under this exception, Minn. meeting to consider charges against an individual, it is still the best Stat. § 13.43, subd. 2 requires practice not to refer to that individual by name. The council should state the government entity to identify the individual who is only that it is closing the meeting to give preliminary consideration to being discussed). allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if the following not-public data is discussed: Minn. Stat. § 13D.05, subd. Data that would identify alleged victims or reporters of criminal 2(a). sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. Minn. Stat. § 13.32. Minn. Stat. § 13.3805, subd. Internal affairs data relating to allegations of law enforcement 1. personnel misconduct or active law enforcement investigative data. Minn. Stat. § 13.384. Minn. Stat. § 13.46, subds. 2, Educational data, health data, medical data, welfare data or mental 7. health data that are not-public data. Minn. Stat. §§ 144.291- 144.298. 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 bodyÓs 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 citycouncilshould conduc,yd conduct any interviet any interviews of prospective ws of prospective officers and employees at an open meeofficers and employees at an open meeting iting 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 ÐmeetingÑ 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 courtÓs 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 schedul,ppyggqt any scheduled gatherined gatherings of a quorum or more gs of a quorum or more of a city council mustof a cityyppypp, council must be be properly noticed and open to the public, properly noticed and open to the public, regardless of whether the council takereggpgardless of whether the council takes or contems or contemplates taking action at plates taking action at that gathering. This includes meetithat ggggathering. This includes meetinngs andwork sessions where members gs andwork 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 ÐstandingÑ 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 Ð ad hoc Ñ function. DPO07-025. In contrast, the commissioner has advised that a cityÓs 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 Ðthat a gathering of public officials is not a Òcommittee, subcommittee, board, department or commissionÓsubject to the open meeting law unless the group is capable of exercising decision- making powers of the governing body.Ñ 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 cityÓs 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.Social gatherings4.Social gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council Social gggyatherings of city council members will notmembers will not be considered a be considered a Dist. 742 Community Schools, meeting subject to the requirements of meeting subject to the requirements of gjqpgthe open meeting law if there is not 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 isa quorum present, or, if a quorum isqp,,qp,q present, if the quorum does not present, if the quorum does not No. 281,336 N.W.2d 510 discuss, decide, or receive informadiscuss, decide, or receive information on otion on official city business. The fficial city business. (Minn. 1983). Hubbard Broadcasting, Inc. v. City of Minnesota Supreme Court has ruled that a conversation between two city Afton, 323 N.W.2d 757 council members over lunch about a land-use application did not violate (Minn. 1982). the open meeting law because a quorum of the council was not present. 5.Serial meetings5.Serialmeetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has notedThe Minnesota Suppgreme Court has noted that meetin that meetings of less than a gs of less than a No. 281,336 N.W.2d 510 quorum of a public body held serially qpyypgquorum of a public body held serially to avoid a to avoid a public meeting or to public meeting or to (Minn. 1983).DPO 10-011. DPO 06-017. fashion agreement on an issue of fashion agreement on an issue of publicgpublic 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 ÐmeetingÑ 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 courtÓs 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 councilÓs 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 boardÓs participation in a non-public team-building session toÐimprove trust, relationships, communications, and collaborative problem solving among Board members,Ñ was not a meeting subject to the open meeting law if the membersare not Ðgathering to discuss, decide, or receive information as a group relating to Òthe official businessÓ of the governing body.Ñ However, the opinion also advised that if there were to be any discussion of specific official business by the attending members, either outside or during training sessions, it could be a violation of the open meeting law. 7.Telephone, email, and social media7.Telephone, email, and social media Moberg v. Indep. Sch. Dist. It is possible that communicationthrIt is ppossible that communicationthrough telephone callsough telephone calls, email, or other gp, email, or other No. 281,336 N.W.2d 510 technology could violate technologycould violate the open meeting lawthe 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 iThe Minnesota Supreme Court has ipndicated that communication through ndicated that communication through communication through a letters and telephone calls could letters and telephone calls could violate the oviolate the open meeting law under pen 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 p council is to send it to city staff acouncil is to send it to cityy staff and havnd havethem distribute it. If a council ethem distribute it. If a council member needs to email the entire cmember needs to email the entire council, they should use blind carbonouncil, they should use blind carbon ,y copy (BCC) to add recipients to avoicopypy()ppy (BCC) to add recipients to avoid accidental use of red accidental use of reply all which ply all which may constitute the initiation of a discmay constitute the initiation of a diyscussion among a quorum of the publicussion among a quorum of the public body.body. DPO09-020.DPO14-015. The commissioner of the Department ofThe commissioner of the Deppartment of Administra Administration has advised that tion has advised that back-and-forth email communicatiback-and-forth email communications ons among a quorum of a public body among a quorum of a public body gqp 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 acommented on and provided direction about official businbout official business violated the ess violated the open meeting law.open meeting law. However, the commissioner also adviHowever,, the commissioner also advised that Ðonsed that Ðone-way communication e-way communication y between the chair and members of a between the chair and members of a public body is permissible, such as pyp,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 g members, as long as no discussion or decision-making ensues.Ñmembers, as long as no discussion or decision-making ensues.Ñ OÓKeefe 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 ÐmeetingÑ 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 ÐmeetingÑ 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 The open meeting law was amended in pgp2014 to provide that Ðthe use of 2014 to provide that Ðthe use of social media by members of a pubsocial media byypyp members of a public bodlic body does not violate the open y does not violate the open meeting law as long as the social memeeting law as long as the social megggdia use is limited to exchanges with dia use is limited to exchanges with all members of the general public.Ñ Emall members of the general public.Ñ Email is nogpail 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 Ðsocial media,Ñ 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 It is important to remember that the use of social media bthe use of social media by council y council members could still be used to support members could still be used to support ppother claims such as claims of other claims such as claims of defamation or of conflicdefamation or of conflict of interest in decision-making. As a result, t of interest in decision-makingg,. As a result, council members should macouncil members should make sure that anke sure that any comments they make on yy comments theyy make on social media are factuallsocial media are factually correct and should not comment on issues that yy correct and should not comment on issues that will come before the council in the future for a quasi-judicial hearing and will come before the council in the future for a qquasi--judicial hearing and jg decision, such as the consideration of decision, such as the consideration of ,whether to grant an application for a whether to grant an application for a conditional use permit.conditional use permit. See II-H-5-Serial meetings. It is also important to remember that It is also impportant to remember that serial discussions between less than a serial discussions between less than a quorum of the council could violate qquorum of the council could violate the open meeting lawthe open meeting lawunder certain under certain circumstances.circumstances. As a result, city councils and As a result, city councils and other other public bodies should take a public bodies should take a conservative approach and should not conservative appppproach and should not use teleuse telephone calls, email, or other phone calls, email, or other ,, technology to communicate back and fotechnologygyto communicate back and forth with other members of the rth 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 publicA quorum of the councqil or public body will be body will be contacted regarding contacted regarding the same matter.the same matter. Officialbusiness is being discussed.Officialbusiness is being discussed. Minn. Stat. § 13.02, subd. 7. Another thing council members should Another thingg council members should be cabe careful about is which email reful about is which email account they use to receive emails reaccount they use to receive emails reygylating to city business because such lating to city business because such emails likely would be considered goveemails likely would be considered government data that is subrnment data that is subject to a ject to a public-records request under the Minneppublic-records request under the MinnesotasotaGovernment Data Practices Government Data Practices Act (MGDPA).Act (MGDPA). The best option would be for each cThe best opption would be for each council ouncil member to have an individual member to have an individual email account that the city provides, aemail account that the city provides, yp,ygand city staff manand city staff manage. However, this ge. However, this is not always possible for cities is not always possible for cities duedue to budget, size, or logistics. to budget, size, or logistics. If council members donÓt have a city emIf council members donÓt have a city emy,ail account, there are some things ail account, there are some things to think about before using a personato think about before using a personagpyl email account for city business. l email account for city business. First, preferably only the council First, preferably only the council ,pyymember should have access to the member should have access to the personal email account. Using a shpgpersonal email account. Using a shared acared account with other family count with other familyy members could lead to incorrect information being communicated from members could lead to incorrect information beingg communicated from the account, or incoming information the account,,ggy, or incoming information beinbeing inadvertently deleted. Also, g inadvertently deleted. Also, since city emails are government data, since city emails are government data, yg,yypcity officials may city officials may have to separate have to separate personal emails from city emails ppersonal emails fffrom city emails when responding to a publicywhen 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 memberÓs email communications on the private employerÓs equipment or to restore files from a backup or archive. See Handbook,Records What may work best is to use a free, third-party email service, such as What mayy, work best is to use a free, third-party email service, such as py, Management,for more Gmail or Hotmail, for your city accGmail or Hotmail, for your city acc,yygount and to avoid using that email ount and to avoid using that email information about records management. account for any personal email or foaccount for any personal email or foypygyr anything that may constitute an r anything that may constitute an official record of city business since such records must be retained in official record of cityy business since suchrecords must be retained in accordance with the state records-retention requirements.accordance with the state records-retention requirements. I.Advisory opinions 1.Department of Administration Minn. Stat. § 13.072, subd. 1 The commissioner of the Minnesota Department of Administration has (b).See Minnesota authority to issue non-binding advisory opinions on certain issues related Department of Administration, Data to the open meeting law. The Data Practices Office (DPO) handles these 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 Ðquestions of public importance.Ñ 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 Any person who intentionally violatesypypgj the open meeting law is subject tothe open meeting law is subject to personal liability in the form of a cipypyppersonal liability in the form of a civil penalty of up to $300 for a single vil penalty of up to $300 for a single Claude v. Collins,518 N.W.2d 836 (Minn. 1994). occurrence. The public body may notoccurrence. The ppyypypyyublic body may not pay the penalty. A court may pay the penalty. A court may consider a council membeconsider a council memberÓs time and experÓs 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 OÓKeefe 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 officialÓs 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 ÐMalfeasanceÑ refers to evil conduct or an illegal deed. ÐNonfeasanceÑ 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 officerÓs legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v. Credit River Twp., The open meeting law does not address whether actions taken at a meeting 299 Minn. 170, 217 N.W.2d that does not comply with its requirements would be valid. 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Minnesota courts have generally refused to invalidate actions taken at an Township, 217 N.W.2d 502 improperly closed meeting because this is not a remedy the open meeting (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. law provides. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. Quast v. Knutson, 276 Minn. But the Minnesota Supreme Court has held that an attempted school 340, 150 N.W.2d 199 (1967). district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III. Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the cityÓs 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. 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