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Home My WebLink About2024-04-03 P & R Packet CITY OF CENTERVILLE PARKS AND RECREATION COMMITTEE MEETING AGENDA Wednesday, April 3, 2024 6:30 p.m. Live stream at: https://northmetrotv.com/centerville-stream/ MEETING I.CALL TO ORDER 1.Oath of Office a.Katya Port 2.Roll Call II.APPROVAL OF AGENDA 1.Call for Changes to the Agenda III.AWARDS/PRESENTATIONS/APPEARANCES 1.City Attorney Glaser – Open Meeting Law II.PUBLIC HEARINGS 1.None III.COMMITTEE BUSINESS (UNFINISHED) 1.2024 Strategic Planning & Capital Improvement Projects (CIP) a.Town Hall-Open House Ranked Community Priorities 2.Rainbow Tree Care Extension IV.COMMITTEE BUSINESS (NEW) 1.Budget – Music In The Park 2.SESAC Licensing (Played Music During Sponsored Events-Similar to ASCAP) 3.Scout Cleanup, Saturday, April 27, 2024/Centennial Lakes Little League Cleanup April 22, 2024 w/rain date April 23, 2024, Schedule Parks & Recreation Cleanup 4.Whenever Watersports – Kayak/Paddleboard Rental Kiosk 5.Park Facility Permit Application - Scout Rocket Launch, LaMotte Park (May 4 or 11, 2024) V.APPROVAL OF MINUTES 1.March 6, 2024, P & R Meeting Minutes VI.ANNOUNCEMENTS/UPDATES 1.Staff Updates 2.Committee Member Update 3. Council Liaison Update VII. ADJOURNMENT INFORMATION REMINDERS Planning & Zoning Commission – Tuesday, March 4, 2024 City Council Meeting – Wednesday, March 13, 2024 Economic Development Authority – Wednesday, March 20, 2024 th Open House – CSAH54/20 Avenue, Tuesday, March 26, 2024, 4:30 – 6:30 p.m. (City Council Chambers) Town Hall Open House, Monday, March 25, 2024, 5-8 p.m. (City Council Chambers) Parks & Recreation Committee – Wednesday, April 3, 2024 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration I.1 TITLE OF ISSUE: Oath of Office - Katya Port BACKGROUND AND SUPPLEMENTAL INFORMATION: The Chair will swear Katya Port in to commence her service on the Committee. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: N/A For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular STATE OF MINNESOTA COUNTY OF ANOKA I, Katya Port, do solemnly swear that I will support the Constitution of the United States and of the State of Minnesota and faithfully discharge the duties of the office of Commission Member of the Parks & Recreation Committee of the City of Centerville in the County of Anoka, State of Minnesota, to the best of my judgement and ability. Subscribed and sworn before me this 3rd day of April, 2024. ___________________________________ Katya Port ___________________________________ City Clerk, Teresa Bender CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration III.1.a TITLE OF ISSUE: Town Hall-Open House Ranked Community Priorities BACKGROUND AND SUPPLEMENTAL INFORMATION: Chair Errickson-Grahek will provide an update of the Town Hall-Open House and the Ranked Community Priorities survey that was completed during this event. There were approximately 30-35 participants with at least two youth. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: This is for discussion on how to proceed and obtain additional community input. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: 2024 Legal .1 TITLE OF ISSUE: Open Meeting Law Review - City Attorney Kurt Glaser BACKGROUND AND SUPPLEMENTAL INFORMATION: City Attorney Glaser will appear an annual refresher course on maintaining compliance with what is know as the Open Meeting Law. Attached is a guide from the League of Minnesota Cities which previews what Mr. Glaser will cover. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ LMC Handbook excerpt 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.A.PurposePurpose Minn. Stat. § 13D.01. St. The open meeting law requires that meetings of public bodies must The open meeting law requires that meetings of public bodies must The open meeting law requires that meetings of public bodies must Cloud Newspapers, Inc. v. generally be open to the public. It serves three vital purposes:generally be open to the public. It serves three vital purposes: Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). Prohibits actions from being taken at a secret meeting where the Prohibits actions from being taken at a secret meeting where the Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public interested public cannot be fully informed of the decisions of public interested public cannot be fully informed of the decisions of public bodies or detect improper influences.bodies or detect improper influences.bodies or detect improper influences. Ensures the public’s right to be informed.Ensures the public’s right to be informed.Ensures the public’s right to be informed. Gives the public an opportunity to present its views.Gives the public an opportunity to present its views. B.Public notice See section I-Types of council Public notice generally must be provided for meetings of a public body meetings and notice subject to the open meeting law. The notice requirements depend on the requirements.Minn. Stat. § 13D.04, subd. 7. type of meeting. However, if a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements under the open meeting law are satisfiedwith respect to that personregardless of the method of receipt. C.Location Quast v. Knutson, 276 Minn. The Minnesota Supreme Court has held that, to meet the statutory 340, 150 N.W.2d 199 (1967). requirement that meetings of public bodies shall be open to the public, “it (Holding that a school board violated the open meeting law is essential that such meetings be held in a public place located within the when it held a meeting in a territorial confines of the \[public body\] involved.” room located 20 miles outside the school district). DPO 18- 003. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 12 RELEVANT LINKS: D.Printed materials Minn. Stat. § 13D.01, subd. 6. At least one copy of the printed materials relating to agenda items that are DPO08-015.DPO17-006. provided to the council at or before a meeting must also be made available DPO 13-015(noting that the open meeting law “is silent for public inspection in the meeting room while the governing body with respect to agendas; it considers the subject matter. This requirementdoes not apply to materials neither requires them nor prohibits them”). DPO 18- classified by law as other than public or to materials relating to the agenda 003. DPO 18-011. Minn. Stat. items of a closed meeting. § 13D.01, subd. 6. E.Groups governed by the open meeting law Minn. Stat. § 13D.01, subd. 1. Under the Minnesota open meeting law, all city council meetings and executive sessions must be open to the public with only a few exceptions. Minn. Stat. § 465.719, subd. The open meeting law also requires meetings of a public body or of any The open meeting law also requires meetings of a public body or of any The open meeting law also requires meetings of a public body or of any 9. committee, subcommittee, board, department, or commission of a public committee, subcommittee, board, department, or commission of a public committee, subcommittee, board, department, or commission of a public body to be open to the public. For example, the governing bodies of local body to be open to the public. For example, the governing bodies of local public pension plans, housing and redevelopment authorities, economic development authorities, and city-created corporations are subject to the open meeting law. Southern Minnesota The Minnesota Supreme Court has held, however, that the governing body Municipal Power Agency v. of a municipal electric power agency is not subject to the open meeting Boyne,578 N.W.2d 362 (Minn. 1998). law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. F.Gatherings governed by the open meeting law Moberg v. Indep. Sch. Dist. The open meeting law does not define the term “meeting.” The Minnesota The open meeting law does not define the term “meeting.” The Minnesota No. 281, 336 N.W.2d 510 Supreme Court, however, has ruled Supreme Court, however, has ruled that meetings are gatherings meetings are gatherings meetings are gatherings of a of a (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 quorum or more members of the governing bodyquorum or more members of the governing bodyquorum or more members of the governing body——or or a quorum of a a quorum of a a quorum of a Community Schools,332 committee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereofcommittee, subcommittee, board, department, or commission thereof——at at N.W.2d 1 (Minn. 1983). which members discuss, decide, or receive information as a group on which members discuss, decide, or receive information as a group on which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body.issues relating to the official business of that governing body. Minn. Stat. § 412.191, subd. For most public bodies, including statutory cities, a majority of its For most public bodies, including statutory cities, a majority of its For most public bodies, including statutory cities, a majority of its 1. qualified members constitutes a quorum. Charter cities may provide that a qualified members constitutes a quorum. Charter cities may provide that a Minn. Stat. § 645.08(5). different number of members of the council constitutes a quorum. See Section II-G-4 for more TThe open meeting law does not generally apply in situations where less he open meeting law does not generally apply in situations where less he open meeting law does not generally apply in situations where less information about serial than a quorum of the council is involved. However, serial meetingsthan a quorum of the council is involved. However, serial meetingsthan a quorum of the council is involved. However, serial meetings,,,in in meetings. groups of less than a quorumgroups of less than a quorumgroups of less than a quorum,,,that are held to avoid the requirements of that are held to avoid the requirements of that are held to avoid the requirements of the open meeting law may be found to violate the law, depending on the the open meeting law may be found to violate the law, depending on the the open meeting law may be found to violate the law, depending on the specific facts.specific facts. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 13 RELEVANT LINKS: G.Open meeting law exceptions Minn. Stat. § 13D.01, subd. 3. There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Under these exceptions some meetings Minn. Stat. § 13D.05, subd. 1 (d). may be closed, and some meetings must be closed. Before a meeting is See Closing a Meeting from closed under any of the exceptions, the council must state on the record DPO. See LMC MemberLearn the specific grounds permitting the meeting to be closed and describe the course, How to Close a subject to be discussed. Meeting, for more information DPO 14-005. The commissioner of the Minnesota Department of Administration has DPO 13-012. advised that a member of the public body (and not its attorney) must make DPO 14-014. the statement on the record. The open meeting law does not define the phrase “on the record,” but the commissioner has advised that the phrase should be interpreted to mean a verbal statement in open session. Free Press v. County of Blue The commissioner has also advised that citing the specific statutory Earth, 677 N.W.2d 471 authority that permits the closed meeting is the simplest way to satisfy the (Minn. Ct. App. 2004). requirement for stating the specific grounds permitting the meeting to be closed. Free Press v. County of Blue Both the commissioner and the Minnesota Court of Appeals have Earth, 677 N.W.2d 471 concluded that something more specific than a general statement is needed (Minn. Ct. App. 2004) (holding that a county’s to satisfy the requirement of providing a description of the subject to be statement that it was closing a discussed. meeting under the attorney- client privilege to discuss “pending litigation” did not satisfy the requirement of describing the subject to be discussed at a closed meeting). All closed meetings, except those closed as permitted by the attorney- Minn. Stat. § 13D.05, subd. 1 client privilege, must be electronically recorded at the expense of the (d). public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.04, subd. 5. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting, the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 14 RELEVANT LINKS: a.Labor negotiationsunder PELRA Minn. Stat. § 13D.03. A meeting to consider strategies for labor negotiations, including DPO 13-012. negotiation strategies or development or discussion of labor-negotiation proposals, may be closed. However, the actual negotiations must be done at an open meeting if a quorum of the council is present. Minn. Stat. § 13D.03. The following procedure must be used to close a meeting underthis Minn. Stat. § 13D.01, subd. 3. exception: The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. A written recordof all people present at the closed meeting must be available to the public after the closed meeting. The meeting must be recorded. See Closing a Meeting from DPO. The recording must be kept for two years after the contract is signed. DPO 05-027. The recording becomes public after all labor agreements are signed by DPO 00-037. the city council for the current budget period. Minn. Stat. § 13D.03, subd. 3. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If the court finds no violation of the open meeting lawthe action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. b. Performance evaluations Minn. Stat. § 13D.05, subd. A public body may close a meeting to evaluate the performance of an 3(a). individual who is subject to its authority. Minn. Stat. § 13D.05, subd. The following procedure must be used to close a meeting under this 3(a). exception: Minn. Stat. § 13D.01, subd. 3. DPO 05-013 (advising that a The public body must identify the individual to be evaluated prior to government entity could close a meeting under this closing the meeting. exception to discuss its The meeting must be open at the request of the individual who is the contract with an independent contractor when that subject of the meeting; so some advance notice to the individual is contractor is an individual needed to allow the individual to make a decision. human being). League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 15 RELEVANT LINKS: Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPO 14-007, DPO 15-002, At the next open meeting, the public body must summarize its and DPO 16-002 (discussing conclusions regarding the evaluation. The council should be careful what type of summary is sufficient). not to release private or confidential data in its summary. c. Attorney-client privilege Minn. Stat. § 13D.05, subd. Meetings between the governing body and its attorney to discuss active, 3(b). threatened, or pending litigation may be closed when the balancing of the Brainerd Daily Dispatch, purposes served by the attorney-client privilege against those served by LLC v. Dehen, 693 N.W.2d 435 (Minn. Ct. App. 2005). the open meeting law dictates the need for absolute confidentiality. The Prior Lake American v. need for absolute confidentiality should relate to litigation strategy, and Mader, 642 N.W.2d 729 (Minn. 2002). DPO 16-003. will usually arise only after a substantive decision on the underlying DPO 17-003. matter has been made. Northwest Publications, Inc. This privilege may not be abused to suppress public observations of the v. City of St. Paul, 435 decision-making process, and does not include situations where the N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & council will be receiving general legal opinions and advice on the Tribune v. Housing and strengths and weaknesses of a proposed action that may give rise to future Redevelopment Authority in and for the City of litigation. Minneapolis, 251 N.W.2d 620 (Minn. 1976). Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Free Press v. County of Before closing the meeting, the council must state on the record the Blue Earth, 677 N.W.2d 471 specific grounds permitting the meeting to be closed and describe the (Minn. Ct. App. 2004) (holding that a general subject to be discussed. statement that a meeting was being closed under the The council should also describe how a balancing of the purposes of attorney-client privilege to the attorney-client privilege against the purposes of the open meeting discuss “pending litigation” did not satisfy the law demonstrates the need for absolute confidentiality. requirement of describing the The council must actually communicate with its attorney at the subject to be discussed). meeting. d. Purchase or sale of property A public body may close a meeting to: Minn. Stat. § 13D.05, subd. Determine the asking price for real or personal property to be sold by 3(c). the public body. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 16 RELEVANT LINKS: Vik v. Wild Rice Watershed Review confidential or nonpublic appraisal data. Dist., No. A09-1841 (Minn. Ct. App. 2010) (unpublished Develop or consider offers or counteroffers for the purchase or sale of opinion). real or personal property. Minn. Stat. § 13D.05, subd. The followingproceduremust be used to close a meeting underthis 3(c). exception: DPO 14-014. Before closing the meeting, the council must state on the record the DPO 08-001 (advising that a specific grounds for closing the meeting, describe the subject to be public body cannot authorize the release of a tape of a discussed, and identify the particular property that is the subject of the closed meeting under this meeting. exception until all property discussed at the meeting has been purchased or sold or the public body has abandoned the purchase or sale). SeeClosing a Meetingfrom The meeting must be recorded and the property must be identified on DPO. the recording. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. A list of council members and all other persons present at the closed meeting must be made available to the public after the closed meeting. The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. e. Security reports Minn. Stat. § 13D.05, subd. A meeting may be closed to receive security briefings and reports, to 3(d). discuss issues related to security systems, emergency response procedures, and security deficiencies in, or recommendations regarding. public services, infrastructure, and facilities, if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made, at an open meeting. Minn. Stat. § 13D.05, subd. The following procedure must be used to close a meeting under this 3(d). exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. When describing the subject to be discussed, the council must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. The closed meeting must be recorded, and the recording must be preserved for at least four years. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 17 RELEVANT LINKS: 2. Meetings that must be closed There are some meetings that the open meeting law requires to be closed. The following meetings must be closed: a. Misconduct allegations Minn. Stat. § 13D.05, subd. A public body must close a meeting for preliminary consideration of 2(b). allegations or charges against an individual subject to the public body’s Minn. Stat. § 13.43, subd. 2(4). authority. DPO 03-020. DPO 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee). The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not “an individual subject to its authority.” DPO 10-001. The commissioner has also advised that a recording of a closed meeting Minn. Stat. § 13.43. for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public.The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd. 1. exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. Note: There is a special provision dealing with The meeting must be open at the request of the individual who is the allegations of law subject of the meeting. Thus, the individual should be given advance enforcement personnel misconduct; see Minn. Stat. § notice of the existence and nature of the charges against him or her, so 13D.05, subd. 2(a) and that the individual can make adecision. section II.G.2.b.- Certain not- public data. The meeting must be electronically recorded,and the recording must be preserved for at least three years after the meeting. If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 18 RELEVANT LINKS: DPO 03-020. (Advising that While the law permits the council to announce that it is closing a when a meeting is closed under this exception, Minn. meeting to consider charges against an individual, it is still the best Stat. § 13.43, subd. 2 requires practice not to refer to that individual by name. The council should state the government entity to identify the individual who is only that it is closing the meeting to give preliminary consideration to being discussed). allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if the following not-public data is discussed: Minn. Stat. § 13D.05, subd. Data that would identify alleged victims or reporters of criminal 2(a). sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. Minn. Stat. § 13.32. Minn. Stat. § 13.3805, subd. Internal affairs data relating to allegations of law enforcement 1. personnel misconduct or active law enforcement investigative data. Minn. Stat. § 13.384. Minn. Stat. § 13.46, subds. 2, Educational data, health data, medical data, welfare data or mental 7. health data that are not-public data. Minn. Stat. §§ 144.291- 144.298. Certain medical records. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd.1. exception: The council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. H. Common issues 1. Data practices Minn. Stat. § 13D.05, subds. Generally, meetings may not be closed to discuss data that is not public 1(a), 2(a). under the Minnesota Government Data Practices Act (MGDPA). See section II.G.2.b.-Certain However, the public body must close any part of a meeting at which not-public data. certain types of not-public data are discussed. Minn. Stat. § 13D.05, subd. If not-public data is discussed at an open meeting when the meeting is 2(a). required to be closed, it is a violation of the open meeting law. Minn. Stat. § 13.03, subd. 11. Discussions of some types of not-public data may also be a violation of the MGDPA. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 19 RELEVANT LINKS: However, not-public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: Minn. Stat. § 13D.05, subd. The disclosure relates to a matter within the scope of the public body’s 1(b). authority. The disclosure is necessary to conduct the business or agenda item before the public body. Minn. Stat. § 13D.05, subd. Data that is discussed at an open meeting retains its original classification 1(c). under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not-public data that is discussed at an open meeting not be specificallydetailed in the minutes. 2.Interviews Channel 10, Inc. v. Indep. The Minnesota Supreme Court has ruled that a school board must Sch. Dist. No. 709,215 interview prospective employees for administrative positions in open N.W.2d 814 (Minn. 1974). sessions.The court reasoned that the absence of a statutory exception indicated that the Legislature intended such sessions to be open. As a result, a cityAs a result, a citycouncilshould conduct any interviews of prospective should conduct any interviews of prospective should conduct any interviews of prospective officers and employees at an open meeting if a quorum or more of the officers and employees at an open meeting if a quorum or more of the council will be present. Mankato Free Press v. City of The Minnesota Court of Appeals considered a situation where individual North Mankato,563 N.W.2d council members conducted separate, serial interviews of candidates for a 291 (Minn. Ct. App. 1997). city position in one-on-one closed interviews. The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, No. C9-98- done to avoid the requirementsof the open meeting law. This decision 677 (Minn. Ct. App. Dec. 15, 1998)(unpublished decision). was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process should first consult their city attorney. 3.Informational meetings and committees St. Cloud Newspapers, Inc. v. The Minnesota Supreme Court has held that informational seminars about Dist. 742 Community Schools, school-board business, which the entire board attends, must be noticed 332 N.W.2d 1 (Minn. 1983). and open to the public. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 20 RELEVANT LINKS: As a result, it appears that any scheduled gatherings of a quorum or more As a result, it appears that any scheduled gatherings of a quorum or more As a result, it appears that any scheduled gatherings of a quorum or more of a city council must be properly noticed and open to the public, of a city council must be properly noticed and open to the public, of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings andthat gathering. This includes meetings andthat gathering. This includes meetings andwork sessions where members work sessions where members receive information that may influence later decisions. receive information that may influence later decisions. Many city councils create committees to make recommendations regarding a specific issue. Commonly, such a committee will be responsible for researching the issue and submitting a recommendation to the council for its approval. These committees are usually advisory, and the council is still responsible for making the final decision. This type of committee may be subject to DPO08-007. DPO13-015. the open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include: how the committee was created and who its members are; whether the committee is performing an ongoing function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. DPO05-014. For example, the commissioner of the Minnesota Department of Administration has advised that “standing” committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or “ad hoc” function. DPO07-025. In contrast, the commissioner has advised that a city’s Free Speech Working Group,consisting of citizens andcity officials appointed by the city to meet to develop and review strategies for addressing free-speech concerns relating to a political convention,was not subject to the open meeting law. The advisory opinion noted that the group did not have decision-making authority. A.G. Op. 63a-5 (Aug. 28, It is common for city councils to appoint individual council members to 1996). act as liaisons between the council and particular council committees or Sovereign v. Dunn,498 N.W.2d 62 (Minn. Ct. App. other government entities. The Minnesota Court of Appeals considered a 1993). situation where the mayor and one other member of a city council DPO07-025. attended a series of mediation sessions regarding an annexation dispute that were not open to the public. The Court of Appeals held that the open meeting law did not apply to these meetings concluding “that a gathering of public officials is not a ‘committee, subcommittee, board, department or commission’subject to the open meeting law unless the group is capable of exercising decision- making powers of the governing body.” League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 21 RELEVANT LINKS: The Court of Appeals also noted that the capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the bodyand could also arise where there has been a delegation of power from the governing bodyto the group. If a city is unsure whether a meeting of a committee, board, or other city entity is subject to the open meeting law, it should consult its city attorney or consider seeking an advisory opinion from the commissioner of the Minnesota Department of Administration. Thuma v. Kroschel, 506 Notice for a special meeting of the city council may be needed if a N.W.2d 14 (Minn. Ct. App. quorum of the council will be present at a committee meeting and will be 1993). DPO16-005. participating in the discussion. For example, when a quorum of a city council attended a meeting of the city’s planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting lawnot because the council members simply attended the meetingbut because the council members conducted public business in conjunction with that meeting. A.G. Op. 63a-5 (Aug. 28, Based on this decision, the attorney general has advised that mere 1996). attendance by council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate special-meeting notice of acity council meeting. 4.4.Social gatheringsSocial gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council members will not be considered a Social gatherings of city council members will not be considered a Social gatherings of city council members will not be considered a Dist. 742 Community Schools, meeting subject to the requirements of the open meeting law if there is not meeting subject to the requirements of the open meeting law if there is not meeting subject to the requirements of the open meeting law if there is not 332 N.W.2d 1 (Minn. 1983). Moberg v. Indep. Sch.Dist. a quorum present, or, if a quorum is present, if the quorum does not a quorum present, or, if a quorum is present, if the quorum does not a quorum present, or, if a quorum is present, if the quorum does not No. 281,336 N.W.2d 510 discuss, decide, or receive information on odiscuss, decide, or receive information on official city business. The fficial city business. The (Minn. 1983). Hubbard Broadcasting, Inc. v. City of Minnesota Supreme Court has ruled that a conversation between two city Afton, 323 N.W.2d 757 council members over lunch about a land-use application did not violate (Minn. 1982). the open meeting law because a quorum of the council was not present. 5.5.Serial Serial meetingsmeetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has noted that meetings of less than a The Minnesota Supreme Court has noted that meetings of less than a The Minnesota Supreme Court has noted that meetings of less than a No. 281,336 N.W.2d 510 quorum of a public body held serially to avoid a public meeting or to quorum of a public body held serially to avoid a public meeting or to quorum of a public body held serially to avoid a public meeting or to (Minn. 1983).DPO 10-011. DPO 06-017. fashion agreement on an issue of public fashion agreement on an issue of public fashion agreement on an issue of public business may violate the open business may violate the open meeting law.meeting law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 22 RELEVANT LINKS: Mankato Free Press v. City of The Minnesota Court of Appeals considered a situation where individual North Mankato,563 N.W.2d council members conducted separate, serial interviews of candidates for a 291 (Minn. Ct. App. 1997). city position in one-on-one closed interviews.The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, No. C9-98- done to avoid the requirementsof the open meeting law. This decision 677 (Minn. Ct. App. Dec. 15, 1998)(unpublished decision). was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 6.Training sessions Compare St. Cloud It is not clear whether the participation of a quorum or more of the Newspapers, Inc. v. Dist. 742 members of a city council in a training program would be defined as a Community Schools,332 N.W.2d 1 (Minn. 1983)and meeting under the open meeting law. The determining factor would likely A.G. Op. 63a-5 (Feb. 5, be whether the program includes a discussion of general training 1975). DPO16-006. information or a discussion of specific matters relating to an individual city. A.G. Op. 63a-5 (Feb. 5, The attorney general has advised that a city council’s participation in a 1975).DPO16-006. non-public training program devoted to developing skills was not a meeting subject to the open meeting law. The commissioner of the Department of Administration has likewise advised that a school board’s participation in a non-public team-building session to“improve trust, relationships, communications, and collaborative problem solving among Board members,” was not a meeting subject to the open meeting law if the membersare not “gathering to discuss, decide, or receive information as a group relating to ‘the official business’ of the governing body.” However, the opinion also advised that if there were to be any discussion of specific official business by the attending members, either outside or during training sessions, it could be a violation of the open meeting law. 7.7.TeTelephone, email, and social medialephone, email, and social media Moberg v. Indep. Sch. Dist. IIt is possible that communicationt is possible that communicationt is possible that communicationthrough telephone calls, email, or other through telephone calls, email, or other through telephone calls, email, or other No. 281,336 N.W.2d 510 technology technology could violate the open meeting law.could violate the open meeting law. (Minn. 1983). League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 23 RELEVANT LINKS: DPO 17-005(advising The Minnesota Supreme Court has indicated that communication through The Minnesota Supreme Court has indicated that communication through The Minnesota Supreme Court has indicated that communication through communication through a letters and telephone calls could violate the open meeting law under letters and telephone calls could violate the open meeting law under letters and telephone calls could violate the open meeting law under letter violated the open meeting law). certain circumstances. Best practice to share information with the entire certain circumstances. Best practice to share information with the entire certain circumstances. Best practice to share information with the entire council is to send it to city staff and havecouncil is to send it to city staff and havecouncil is to send it to city staff and havethem distribute it. If a council them distribute it. If a council member needs to email the entire council, they should use blind carbon member needs to email the entire council, they should use blind carbon member needs to email the entire council, they should use blind carbon copy (BCC) to add recipients to avoid accidental use of reply all which copy (BCC) to add recipients to avoid accidental use of reply all which copy (BCC) to add recipients to avoid accidental use of reply all which may constitute the initiation of a discussion among a quorum of the public may constitute the initiation of a discussion among a quorum of the public may constitute the initiation of a discussion among a quorum of the public bodybody.. DPO09-020.DPO14-015. The commissioner of the Department of Administration has advised that The commissioner of the Department of Administration has advised that The commissioner of the Department of Administration has advised that backback--andand--forth email communications among a quorum of a public body forth email communications among a quorum of a public body forth email communications among a quorum of a public body that was subject to the open meeting law in which the members that was subject to the open meeting law in which the members that was subject to the open meeting law in which the members commented on and provided direction about official busincommented on and provided direction about official busincommented on and provided direction about official business violated the ess violated the open meeting law.open meeting law. However, the commissioner also advised that “oneHowever, the commissioner also advised that “oneHowever, the commissioner also advised that “one--way communication way communication way communication between the chair and members of a public body is permissible, such as between the chair and members of a public body is permissible, such as between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board when the chair or staff sends meeting materials via email to all board when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decisionmembers, as long as no discussion or decision--mmaking ensues.”aking ensues.” O’Keefe v. Carter, No. A12- In contrast, an unpublished decision by the Minnesota Court of Appeals 0811 (Minn. Ct. App. Dec. concluded that email communications are not subject to the open meeting 31, 2012) (unpublished decision). law because they are written communications and are not a “meeting” for purposes of the open meeting law. The decision also noted that even if email communications are subject to the open meeting law, the substance of the emails in question did not contain the type of discussion that would be required for a prohibited “meeting” to have occurred. The courtof appealsnoted that the substance of the email messages was not important and controversial; instead, the email communications discussed a relatively straightforward operational matter.The decision also noted that the town board members did not appear to make any decisions in their email communications. Because this decision is unpublished, it is not binding precedent on other courts. In addition, the outcome of this decision might have been different if the email communications had related to something other than operational matters, for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. Minn. Stat. § 13D.065. The open meeting law was amended in 2014 to provide that “the use of The open meeting law was amended in 2014 to provide that “the use of The open meeting law was amended in 2014 to provide that “the use of social media by members of a public body does not violate the open social media by members of a public body does not violate the open social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with meeting law as long as the social media use is limited to exchanges with meeting law as long as the social media use is limited to exchanges with all members of the general public.” Email is noall members of the general public.” Email is noall members of the general public.” Email is not considered a type of t considered a type of social media under the new law.social media under the new law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 24 RELEVANT LINKS: The open meeting law does not define the term “social media,” but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn, Instagram, and Twitter through which users create online communities to share information, ideas, and other content. It is important to remember that the use of social media by council It is important to remember that the use of social media by council It is important to remember that the use of social media by council members could still be used to support other claims such as claims of members could still be used to support other claims such as claims of members could still be used to support other claims such as claims of defamation or of conflict of interest in decisiondefamation or of conflict of interest in decision--making. As a result, making. As a result, making. As a result, council members should make sure that any commecouncil members should make sure that any commecouncil members should make sure that any comments they make on nts they make on nts they make on social media are factually correct and should not comment on issues that social media are factually correct and should not comment on issues that social media are factually correct and should not comment on issues that will come before the council in the future for a quasiwill come before the council in the future for a quasiwill come before the council in the future for a quasi----judicial hearing and judicial hearing and judicial hearing and decision, such as the consideration of whether to grant an application for a decision, such as the consideration of whether to grant an application for a decision, such as the consideration of whether to grant an application for a conditional uconditional use permit.se permit. See II-H-5-Serial meetings. It is also important to remember that It is also important to remember that It is also important to remember that serial discussions between less than a serial discussions between less than a quorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawunder certain under certain circumstancescircumstances.. As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should take a conservative approach and should not use telephone callconservative approach and should not use telephone callconservative approach and should not use telephone calls, email, or other s, email, or other s, email, or other technology technology technology to communicate back and forth with other members of the to communicate back and forth with other members of the public body if both of the following circumstances exist:public body if both of the following circumstances exist: A quorum of the council or public body will be A quorum of the council or public body will be A quorum of the council or public body will be contacted regarding contacted regarding the same matter.the same matter. OfficialOfficialbusiness is being discussed.business is being discussed. Minn. Stat. § 13.02, subd. 7. Another thing council members should be careful about is which email Another thing council members should be careful about is which email Another thing council members should be careful about is which email account they use to receive emails relating to city business because such account they use to receive emails relating to city business because such account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a emails likely would be considered government data that is subject to a emails likely would be considered government data that is subject to a publicpublicpublic--records request under the Minnesotarecords request under the Minnesotarecords request under the MinnesotaGovernment Data Practices Government Data Practices Act (MGDPA).Act (MGDPA). The best option would be for each council member to have an individual The best option would be for each council member to have an individual The best option would be for each council member to have an individual email account that the city provides, and city staff manage. However, this email account that the city provides, and city staff manage. However, this email account that the city provides, and city staff manage. However, this is not always possible for cities due to budget, size, or logistics.is not always possible for cities due to budget, size, or logistics. If council members don’t have a city email account, there are some things If council members don’t have a city email account, there are some things If council members don’t have a city email account, there are some things to think about before using a personal email account for city business. to think about before using a personal email account for city business. to think about before using a personal email account for city business. First, preferably only the council member should have access to the First, preferably only the council member should have access to the First, preferably only the council member should have access to the personal email account. Using a shared acpersonal email account. Using a shared acpersonal email account. Using a shared account with other family count with other family count with other family members could lead to incorrect information being communicated from members could lead to incorrect information being communicated from members could lead to incorrect information being communicated from the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being inadvertently deleted. Also, since city emails are government data, city officials may have to separate since city emails are government data, city officials may have to separate since city emails are government data, city officials may have to separate personal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails from city emails when responding to a publicrom city emails when responding to a publicrom city emails when responding to a public--records records request under the MGDPA.request under the MGDPA. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 25 RELEVANT LINKS: Second, if the account a city council member wants to use for city business is tied to a private employer, that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a council member’s email communications on the private employer’s equipment or to restore files from a backup or archive. See Handbook,Records What may work best is to use a free, thirdWhat may work best is to use a free, thirdWhat may work best is to use a free, third--party email service, such as party email service, such as party email service, such as Management,for more Gmail or Hotmail, for your city account and to avoid using that email Gmail or Hotmail, for your city account and to avoid using that email Gmail or Hotmail, for your city account and to avoid using that email information about records management. account for any personal email or for anything that may constitute an account for any personal email or for anything that may constitute an account for any personal email or for anything that may constitute an official record of city business since such official record of city business since such official record of city business since such records must be retained in records must be retained in accordance with the state recordsaccordance with the state records--retention requirements.retention requirements. I.Advisory opinions 1.Department of Administration Minn. Stat. § 13.072, subd. 1 The commissioner of the Minnesota Department of Administration has (b).See Minnesota authority to issue non-binding advisory opinions on certain issues related Department of Administration, Data to the open meeting law. The Data Practices Office (DPO) handles these Practicesfor an index of requests. advisory opinions. See Requesting an Open A public body, subject to the open meeting law, can request an advisory Meeting Law Advisory opinion. A person who disagrees with the way members of a governing Opinion. body perform their duties under the open meeting law can also request an advisory opinion. 2.Attorney General Minn. Stat. § 8.07. The Minnesota Attorney General is authorized to issue written advisory See index of Attorney opinions to city attorneys on “questions of public importance.” The General Advisory Opinions from 1993 to present. Attorney General has issued several advisory opinions on the open meeting law. J.Penalties Minn. Stat. § 13D.06, subd. 1. Any person who intentionally violates the open meeting law is subject to Any person who intentionally violates the open meeting law is subject to Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single personal liability in the form of a civil penalty of up to $300 for a single personal liability in the form of a civil penalty of up to $300 for a single Claude v. Collins,518 N.W.2d 836 (Minn. 1994). occurrence. The public body may not pay the penalty. A court may occurrence. The public body may not pay the penalty. A court may occurrence. The public body may not pay the penalty. A court may consider a council member’s time and expeconsider a council member’s time and expeconsider a council member’s time and experience in office to determine rience in office to determine the amount of the civil penalty.the amount of the civil penalty. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 26 RELEVANT LINKS: Minn. Stat. § 13D.06, subd. 2. An action to enforce this penalty may be brought by any person in any O’Keefe v. Carter, No. A12- court of competent jurisdiction where the administrative office of the 0811 (Minn. Ct. App. Dec. 31, 2012) (unpublished governing body is located. decision). In an unpublished decision, the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law. This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. Minn. Stat. § 13D.06, subd. 4. The court may also award reasonable costs, disbursements, and attorney See LMC information memo, fees of up to $13,000 to any party in an action alleging a violation of the LMCIT Liability Coverage Guide, for information about open meeting law. The court may award costs and attorney fees to a insurance coverage for defendant only if the action is found to be frivolous and without merit. A lawsuits under the open meeting law. public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Minn. Stat. § 13D.06, subd. 4. If a party prevails in a lawsuit under the open meeting law, an award of reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion from the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is required to give deference to the advisory opinion. Minn. Stat. § 13D.06, subd. 4 No monetary penalties or attorney fees may be awarded against a member (d). Coalwell v. Murray, No. of a public body unless the court finds that there was intent to violate the C6-95-2436 (Minn. Ct. App. Aug 6, 1996) (unpublished open meeting law. decision). Elseth v. Hille, No A12-1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). Minn. Stat. § 13D.06, subd. 3 If a person is found to have intentionally violated the open meeting law in (a). Brown v. Cannon Falls three or more separate actions involving the same governing body, that Twp., 723 N.W.2d 31 (Minn. Ct. App. 2006). person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Minn. Stat. § 13D.06, subd. 3 If a court finds a separate, third violation that is unrelated to the previous (b). violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case Minn. Const. art. VIII, § 5. of any other vacancy. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 27 RELEVANT LINKS: To constitute malfeasance or nonfeasance, a public official’s conduct must Jacobsen v. Nagel, 255 Minn. affect the performance of official duties and must relate to something of a 300, 96 N.W.2d 569 (1959). substantial nature directly affecting the rights and interests of the public. Jacobsen v. Nagel , 255 “Malfeasance” refers to evil conduct or an illegal deed. “Nonfeasance” is Minn. 300, 96 N.W.2d 569 described as neglect or refusal, without sufficient excuse, to perform what (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). is a public officer’s legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v. Credit River Twp., The open meeting law does not address whether actions taken at a meeting 299 Minn. 170, 217 N.W.2d that does not comply with its requirements would be valid. 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Minnesota courts have generally refused to invalidate actions taken at an Township, 217 N.W.2d 502 improperly closed meetingbecause this is not a remedy the open meeting (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. law provides. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. Quast v. Knutson, 276 Minn. But the Minnesota Supreme Court has held that an attempted school 340, 150 N.W.2d 199 (1967). district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III.Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city’s problems and help create support for programs suggested by the council. Minn. Stat. § 13D.01, subd. 6. Citizens must be able to hear the discussion at a meeting and must be able to determine who votes for or against a motion. DPO 08-015. DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or otherwise participate in any discussions unless the mayor or the presiding Minn. Stat. § 412.191, subd. 2. officer recognizes them for this purpose. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 28 Ranked Community Priorities Community Open House 3/25/2024 Total ProjectPoint TotalVotesNo. 1 VotesNo. 2 VotesNo. 3 VotesNo. 4 VotesNo. 5 Votes Mtn Bike Track211 Rain Garden311 Skate Park411 Baseball/Softball Field Impr5211 Art in Downtown63111 Disc Golf11431 Quiet Main St Traffic113111 Dog Park146321 Affordable Housing18422 Park Signage1961131 Trailside Park Seating2082123 Drainage / Storm Water Mgmt205311 Splash Pad2191332 Playground Equipment2493141 High Quality Restaurant25731111 Hockey Rink Upgrade26103124 Entrance Monuments331114222 Pickle Ball Courts35124143 Warming House / Concession Stand3812372 Veterans Memorial / First Responders44157242 Community Center781910612 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration III.2 TITLE OF ISSUE: Rainbow Tree Care - Extension BACKGROUND AND SUPPLEMENTAL INFORMATION: Rainbow Tree Care has upon staff's request submitted an extension for being the City's preferred tree service. They are requesting an increase of .55 for treatment per diameter and request modifying language in the "Guarantee Section". There are no fees to the City, will provide assessment(s) to property owners with individual contracts if agreed, and will provide two mailings annually, assisting in education and their services to the public. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Motion to Recommend to Council, entering into an extension with Rainbow Tree Care to be the City's preferred tree service provider for 2024-2025. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Extension Request & Previous Contract Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV.1 TITLE OF ISSUE: 2024 Music in the Park Budget BACKGROUND AND SUPPLEMENTAL INFORMATION: Committee Member Peterson schedules Music in the Park performers. A portion of the selection process involves the costs of securing these acts and determining how many acts can be scheduled. Although Committee Member Peterson has worked with many repeat and crowd pleasing acts, he would like to incorporate several new acts and retaining repeat performers with having the ability to providing a competitive pay or meeting their fees allowing for the ability to schedule. The line item for Music in the Park shows $4,500 for the year with $500 being expended for the ASCAP licensing. Please consider that the Committee has two other line items in the budget that would allow additional funding (Professional Services - $4,000 and Park Programs - $4,000). COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion only and providing assistance for consideration of performers, schedules and music licensing. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV.2 TITLE OF ISSUE: SESAC Licensing BACKGROUND AND SUPPLEMENTAL INFORMATION: This is a similar artist licensing service as ASCAP. We paid ASCAP for 2024, $500 which shows on your budget. SESAC has found us online, been pretty persistent and they have been informed that we are currently licensed through ASCAP. Committee Member Peterson has provided his thoughts in the email contained in your packet. SESAC licensing would be $581. And, as a reminder there is another firm called BMI that also provides the same services. As I stated to Committee Member Peterson, there could be more that we are unaware of. I have not approached BMI for their pricing, but would assume it would be similar. There is just no way of knowing what artist's music/songs the performers that the City hires will be playing. COST AND SOURCE(S) OF FUNDING: REQUESTED ACTION: Discussion and recommendation to Council for approval of licensing through SESAC for $581 if you chose. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Email discussions & quote Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV.3 TITLE OF ISSUE: Scout, Centennial Little League & P & R Park Cleanup BACKGROUND AND SUPPLEMENTAL INFORMATION: You have been provided with the schedule for the Scouts and Centennial Little League's scheduled availability for Cleanup activities and now it is time for the committee to determine their Cleanup Date. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Set date for Cleanup and authorize staff to publish/market looking for volunteers to assist. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Email discussions & quote Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular Teresa Bender From:Brian Peterson <brian@petersoncabin.com> Sent:Thursday, March 7, 2024 10:02 AM To:Teresa Bender; Heidi Grahek; Heidi Grahek Subject:Park Clean up Caution: This email originated outside our organization; please use caution. Teresa and Heidi, There was one other thing that I forgot to add to our agenda yesterday. The youth leaders of the scouts also decided they wanted to help with Park Cleanup again this year. The date that works for us is Sat April 27th. I was going to suggest we set a date in our meeting last night. -- Brian Peterson 1668 Hunters Trail Centerville, MN 55038 Home: 651-793-7432 Cell: 651-247-3895 Brian@petersoncabin.com 1 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV.4 TITLE OF ISSUE: Whenever Watersports Î Kayak/Paddleboard Rental Kiosk BACKGROUND AND SUPPLEMENTAL INFORMATION: The City has been propositioned by Whenever Watersports to consider a contract for a Kayak/Paddleboard Rental Kiosk. Staff desired to bring this item forward for discussion and possible inclusion as an amenity for the community to be housed at Trailside Park. Staff has vetted potential insurance liabilities, but no discussion has taken place regarding the potential for the public to utilize the Bald Eagle Waterski Club dock, etc. Trailside Park has hosted the canoe/kayak/standup paddleboard (SUP) races in the past. COST AND SOURCE(S) OF FUNDING: $9,999 - Five Year Contract w/20% of Funds Earned being Return to Offset Costs to City REQUESTED ACTION: Discussion and possible Recommendation to City Council for entering into a contract with Whenever Watersports for five years. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Email discussions & quote Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV.5 TITLE OF ISSUE: Annual Scout Rocket Launch - Use of Laurie LaMotte Park BACKGROUND AND SUPPLEMENTAL INFORMATION: This has been an annual event for numerous years without incident. The Scouts have been excellent stewards of the park in the past. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Recommendation to Council to Approve the Park Facility Usage Application as submitted subject to the Public Work's Directors approval regarding turf conditions. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular PARK FACILITY PERMIT APPLICATION 1. Name/Address/Phone Number of Individual or Organization responsible for making this application: 227 Galaxy Dr Brian Olson _______________________ _________________________ Name Address 763-245-9605Circle Pines, MN 55014 _______________________ _________________________ Telephone Number City, State & Zip 2. Please describe your event/activity and identify the specific facility/field within the park you wish to use along with what you are asking from the City: Rocket Launch at Laurie LaMotteMemorial Park. Last year we set up just off _________________________________________________________________ the parking lot and that worked great. _________________________________________________________________ _________________________________________________________________ 30 3. What is the number of people that are involved in your event/activity? ________ 4. What City facilities do you wish to use Acorn Creek Park _____ Eagle Park _____ x Laurie LaMotte Memorial Park _____ Hidden Spring Park _____ (Lighting & Warming House) _____ Trailside Park _____ An adult may be requested to take responsibility to lock & unlock restrooms Cornerstone Park _____ Royal Meadows Park _____ Tracie McBride Memorial Park _____ City Hall _____ 5. Please list the date or dates and times you propose to use the facilities: 5/4/224 and 5/11/24 as a backup _________________________________________________________________ No 6. Is anyone charged a fee to watch or participate in your event? _______________ Yes 7. Have you used these facilities before? ______ If so, when? Anually at the same time. __________________________________________________________________ x 8. Are you requesting additional permits or City services? _____ Yes _____ No (i.e., Road Closure(s), Temporary Liquor License(s), Fireworks Permit or Burning Permit, Use of lights, bathrooms or porta-potties, Park Buildings) Please describe __________________________________________________________ Depending upon the nature of your event, or if you are requesting City services, you may be required complete a different application and/or make a deposit to cover city costs. Brian Olson3/8/24 _________________________________ __________________ Printed Name of Person Signing Date _________________________________ Signature Office Use Only Permit approved by: __________________________ Date: __________________ Deposit required: $______________ Receipt # _______________ Form number: 2013.01 PU BE ADVISED THAT YOU ARE REQUIRED TO LEAVE THE PARK AS CLEAN AS YOU FOUND IT PLEASE! YOU ARE NOT AUTHORIZED TO STORE ATHLETIC OR OTHER EQUIPMENT IN THE PARK OR FACILITIES. Hidden Spring Park 1 ~ Picnic Shelter 1 1 1875 Fox Run 1601 LaMotte Drive Tracie McBride Park 1 ~ Open Field 1 6955 Eagle Trail Eagle Park 1 ~ Tennis Court 12 Laurie LaMotte Memorial Park 93 1-2 ~ Football 7 Practice Fields 6 8 1 3-5 ~ Baseball Fields 4 10 6 ~ Picnic Shelter 5 7 ~ Pleasure Ice Rink 8 ~ Hockey Rink 9 ~ Warming House 10 ~ Wheels/Skate 11 1874 Revoir Street Park 6970 LaMotte Drive 11 ~ Soccer Field Acorn Creek Park 1 ~ Soccer Field or Form number: 2013.01 PU Football Field CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Administration IV 6 TITLE OF ISSUE: BWSR Grant BACKGROUND AND SUPPLEMENTAL INFORMATION: Information for consideration. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Discussion and/or Recommendation to City Council to allow Staff to submit for Grant associated with Pollinator Garden(s). For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular From:Mark Statz To:Teresa Bender Subject:FW: News release: BWSR announces versatile grant opportunities to create pollinator habitat Date:Friday, March 29, 2024 8:54:32 AM Teresa, The “Pollinator Pathways” grant might be something to look at for the Parks Committee. From: Minnesota Board of Water and Soil Resources <mnbwsr@public.govdelivery.com> Sent: Thursday, March 28, 2024 8:16 AM To: Mark Statz <mstatz@centervillemn.com> Subject: News release: BWSR announces versatile grant opportunities to create pollinator habitat You don't often get email from mnbwsr@public.govdelivery.com. Learn why this is important Caution: This email originated outside our organization; please use caution. News Release banner BWSR announces versatile grant opportunities to create pollinator habitat Contact: Mary Juhl; mary.juhl@state.mn.us, 612-358-5733 March 28, 2024 ST. PAUL, Minn. — The Minnesota Board of Water and Soil Resources (BWSR) is now accepting applications for two initiatives that protect pollinators by funding new habitat projects in communities across Minnesota. The Habitat Enhancement Landscape Program (HELP) aims to establish and improve habitat on existing conservation areas. Pollinator Pathways grants — part of BWSR’s Lawns to Legumes program — fund community efforts that help residents create smaller-scale pollinator habitat projects in residential and community spaces such as yards, schools and community centers. “Over the past several years, we’ve seen Minnesota residents and local organizations use BWSR grant programs to make great strides in protecting vulnerable pollinator populations,” BWSR Executive Director John Jaschke said. “These grant opportunities will help build on those successes and further equip Minnesotans to make a difference in the ecosystems they call home.” Grant opportunities include: Habitat Enhancement Landscape Program (HELP) HELP supports efforts to restore and enhance strategically located diverse native habitat found in Minnesota’s natural areas, conservation lands and open spaces to benefit declining populations of bees, butterflies, dragonflies, birds and other wildlife species that are essential for ecosystems and food production. HELP prioritizes large- scale initiatives on the landscape that support these declining populations, with an emphasis on protecting pollinators. With HELP, BWSR intends to build new partnerships and fill gaps left by other conservation programs. $3.5 million available in grant funding Eligible applicants: tribal governments, soil and water conservation districts, watershed districts, watershed management organizations, local government joint powers boards, counties, municipalities, non-government organizations, park districts and contractors Applicants can apply for a minimum of $50,000 and a maximum of $500,000 Applications will be accepted through June 27, 2024 Apply on BWSR’s website. Pollinator Pathways grants Pollinator Pathways grants (formerly called Lawns to Legumes Demonstration Neighborhood grants) support community projects intended to enhance pollinator habitat in key corridors, raise awareness about residential pollinator protection and showcase best practices. Organizations overseeing a Pollinator Pathways grant work with local residents and organizations to install new pollinator habitat in residential and community spaces. Previously, grants were awarded in 32 communities across Minnesota. $1.1 million available in grant funding Eligible applicants: tribal governments, soil and water conservation districts, watershed districts, counties, municipalities, non-government organizations and pre-k through grade 12 schools (public and non-profit) Applicants can apply for a minimum of $50,000; there is no maximum Applications will be accepted through June 20, 2024 Apply on BWSR’s website. ### BWSR is the state soil and water conservation agency, and it administers programs that prevent sediment and nutrients from entering our lakes, rivers, and streams; enhance fish and wildlife habitat; and protect wetlands. The 20-member board consists of representatives of local and state government agencies and citizens. BWSR’s mission is to improve and protect Minnesota's water and soil resources by working in partnership with local organizations and private landowners. Questions? Contact Us SUBSCRIBER SERVICES: Manage Preferences | Unsubscribe | Help This email was sent to mstatz@centervillemn.com using GovDelivery Communications Cloud on behalf of: Minnesota Board of Water and Soil Resources ·520 Lafayette Rd. N.· Saint Paul, MN 55155 · 651-296-3767 live streamed at: https://northmetrotv.com/channel-15-live-stream. II. III. IV. V. 1. VI. 1. 2. 3. 4. VII. 1. 2. 3. Reviewed and modified by City Clerk, Teresa Bender CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: April 3, 2024 Council VI. 3 TITLE OF ISSUE: Council Liaison Update BACKGROUND AND SUPPLEMENTAL INFORMATION: Council Liaison Sweeney attended the Town Hall-Open House and will provide a brief review. Council Liaison Sweeney was under the weather and unable to attend the City Council meeting of March 27, 2024. Council discussed the following items at their Work Session: Amendments to the Personnel Policy w/inclusions of new State Statues and requirements for required time off along with incidental modifications; Fete des Lacs and turning over most activities/events to the Lions and how funding may look; Town Hall-Open House takeaways/2024-2025 Strategic Plan - Concerns received where traffic on Main Street, traffic between the building site and the school, noise, height and drawings that show scale of building, school security, price point of units, parking, why no retail component, how TIF works and its uses along with the results of the Community Priorities Survey; and possible amendments to the Jr. Council Member Program and pay associated with meeting/event attendances outside of Council meetings. Council Meeting: Amendments to City Code, Chapter 156, District Allowable Uses, Approved; Replacement of the P.W. Boiler, Approved; Grant Application & Program for Smart Irrigation Controller Program - Rebate of $150 to residents that apply, Approved; Cost Share Agreement w/RCWD for Centerville Lake Alum Treatment, $35,000, Approved. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: Recap only. For ClerkÓs Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Aye Vote Record: Nay __________ Other (specify) ____________ __________ __________ _______________________________________________________________ __________ _______________________________________________________________ __________ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular