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Home My WebLink About01.03.95 Council PacketV AGENDA COUNCIL MEETING REGULAR JANUARY 3, 1995 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE a. Oath of Office - Judge Kalina will be present to administer the oath. 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) 5. CONSENT AGENDA (All items approved in 1 motion, no discussion, unless anyone wishes an item removed for discussion. ) a. Approve Minutes - 12/19/94 - Regular; 12/14/94 - Special b. Cancel Special Census c. Approve School/Conference Request - Building Official Seminar d. Approve Process for Appointments to Boards and Commissions e. Approve Cellular Phone Agreement - Warren Steigauf f. Approve School/Conference Request - Mechanical Inspections - Mike Palm g. Approve School/Conference Request - LMC Seminar for Newly Elected Officials h. Approve Lease Extension - Solid Waste Garage i. Approve School/Conference Request - Public Works - Bridge Safety j . Approve Payment of Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7 : 30 P.M. - Ordinance Allowing Auction Houses as Conditional Use in B-1 Districts 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Annual Organizational Meeting b. Clarification of Developer' s Fees Silver Springs - Tim Giles c. Amend Area Wide Development Charges Policy - Heritage Development - Nelsen Hills Farms 8. ORDINANCES AND RESOLUTIONS 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. MISCELLANEOUS 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS a. Annual Retreat/Workshop b. Interviews with Candidates for Boards and Commissions 14. ADJOURN 15. EXECUTIVE SESSION AGENDA REQUEST FORM Item No. 5b Name: Larry Thompson Department: Administration 014) — 4#-' Date: December 22, 1994 MeetingDate: January 3 , 1995 Category: Consent Subject: ecial Census Explanation: Information obtained by the City has reduced the benefit of conducting a special census . Reference Material/Responsibility Memo — Larry Thompson Referred To: (Name) Department Tarry Thompson Administration Tom Kaldunski Public Works .TPannc Stanek Administration (1112 Signature R Memo to: Mayor and Council Subject: Special Census Date: December 22, 1994 The City Council recently ordered a special census to be conducted in 1995 for the purpose of increasing the City's MSA allocation. At the time it was determined the City would spend ap- proximately $20,000 on a special census in exchange for an estimated increase of$100,000 in MSA allocations. Since the Council action, the City has been notified that MnDOT will begin using Metropolitan Council estimates beginning in 1996. While ultimately the new rule is to the benefit of the City, the $100,000 gain over 5 years would change to an estimated $40,000. Also, estimates by the U.S. Census Bureau place the cost of the Census at closer to $30,000. At least one Metropolitan city has reviewed the rule change and cancelled it plans for a special census. Based on the staff time required to complete the census, the uncertainty of the actual increased revenues to the City, the increase in the estimated costs of the Census, and that the $40,000 gain would be spread over a 5 year period, it is recommended that the special census not be conducted at this time. Staff will obtain more accurate estimates before the January 3, 1995 meeting. a/,/ VL Tho , •:on C Ad • strator 1 j t cc: Tom Kaldunski Jean Stanek file AGENDA REQUEST FORM Item No. 5d r p Name: Larry Thompson -717\�&- v Department: Administration � UMC Date: December 13 , 1994 $ �� MeetingDate: January 3 . 1995 Category: Consent Subject: Set Process for Appointments to Boards and Commissions Explanation: Reference Material/Responsibility Recommendation - Karen Finstuen • Referred To: (Name) Department Larry Thompson Administration Department Heads Charlie Tooker Administration Signature l� MEMO TO: MAYOR AND COUNCIL SUBJECT: APPOINTMENTS TO BOARDS AND COMMISSIONS DATE: DECEMBER 28, 1994 Attached is a list of seats on various boards and commissions that will expire on January 31 , 1990 and the proposed reappointment dates. If you follow the past years practice for reappointment, the following timetable should be followed: 1/10/95 - Final Date for Receipt of Applications 1/14/95 - Special Council Meeting - Saturday - 8: 00 A.M. (to interview candidates - 15 minute timeslots) 1/17/95 - Make Final Appointments I will send a letter to the incumbents inquiring about their desire to serve again. I have attached a sample letter and attendance records. Karen Finstuen Administrative Assistant Dear Board/Commission Member, This letter serves as a reminder that your term on the expires as of January 31, 1995 . If you are interested in being reappointed to this seat, or if you are interested in being appointed to a different Board or Commission, please return the enclosed application by January 10 , 1995. As was done last year, the City Council will interview all applicants for board and commission seats. These 15 minute interviews will be held on Saturday, January 14th beginning at 8: 15 A.M. . Please call City Hall to set up an interview time. Thank you for your service to the City. It is sincerely, appreciated. Sincerely, Karen Finstuen Administrative Assistant BOARDS AND COMMISSIONS TERMS TO BE FILLED Term From To HERITAGE PRESERVATION COMMISSION t Ha •_ - Thar. = .nn �( 3 yr 2/1 1/31/ Ch- . - - _- • 111141, ' 2 ',,,. 1:42349 0 (q� CATV All seats run concurrent with City Councilmember terms . HRA All seats run concurrent with City Councilmember terms. PARKS AND RECREATION Tom Murphy p{ - } 2 yr 2/1/9 1/31/9 _Cr--aig----Se-hlaw 2 yr 2/1/90 ? 1/31 9S tlep 91t/q i/31/gS PLANNING COMMISSION 0�' n _`A _ D 2 yr 2/1/90 1/31/917 no^^ ' e G a c.t: u- fx-rte 2 yr 2/1/9A 1/31/Th SENIOR CENTER ADVISORY COUNCIL W' ----e D•-f f ,4-tit 0-1,--'1.¢A,te`_ 3 yr 2/1/96 1/31/91 W; -�.. RoWen , -c -rr-- rL J 3 yr 2/1/9$ 1/31/9$9 WATER BOARD , Robezt cH—_=;,. sw-c-'- 14"-12-1v 3 yr 2/1/9(:) 1/31/9f Board/Commission Attendance Record Heritage Preservation Commission Member. Tharaldson - Absent 10 out of the 15 meetings held. Member Thelen - Absent -0- out of the 15 meetings held. PARAC Member Murphy - Absent 4 out of the 11 meetings held. Member Schlawin - Absent 4 out of the 11 meetings held. Planning Commission Member Schlawin - Absent 1 out of the 14 meetings held. Member Gramentz - Absent 1 out of the 14 meetings held. Water Board Member Shirley - Absent 1 out of the 12 meetings held. Senior Center Advisory Council There were no records available at the time this information was compiled. AGENDA REQUEST FORM Item No. 5e Name: Wayne Henneke Department: Finance --(j2"742-:P(::2 ` Date: December 21 , 1994 MeetingDate: January 3 , 1995 Category: Consent Subject: Approve Cellular Phone Agreement — Warren Steigauf Explanation: Reference Material/Responsibility MPmn - Wayne Henneke Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Dan Siebenaler Police Bud Steigauf Police IthlyILL44,14voia, Signature Memo to: Mayor & Council Date December 21, 1994 Re Employee Agreement - Cellular Phone Purchase Recommendation It is recommended to authorize the following cellular phone agreement between the City and Warren Steigauf, Police Officer. Background The City of Farmington purchases its cellular phones under the State of Minnesota bid with U.S. West Cellular. As a part of that bid, employees of the local government units are entitled to the same bid prices as their employer. The City Council at their December 6, 1993 meeting approved as to form an agreement between the City and employee purchasing the cellular phone which protects the City from any financial liability. Again, it is recommended to approve the agreement between Warren Steigauf and the City. CJCLA Wayne E. Henneke Finance Director c .c. Larry Thompson, Administrator Warren Steigauf, Police Officer file . AGREEMENT This Agreement is made and entered into this /6 day of 4Ler� , , 1993 , by and between the City of , a Minnesota Municipal Corporation (the "City") , and W,4,e ,e i-A.1 , (the "Employee") . RECITALS WHEREAS, the City has entered into an Agreement with U.S. West Corporation, which Agreement allows the City to make cellular telephones available to City employees at discounted rates; and WHEREAS, pursuant to said Agreement U.S. West will bill Employees directly and receive direct payment from Employees for use of said cellular telephones; and WHEREAS, pursuant to said terms of Agreement, if any such employee defaults on payment of such charges to U.S. West, U. S . West may recover all such amounts due directly from the City; and WHEREAS, Employee desires to make use of such a `cellular telephone under the terms and conditions offered by U. S. West; and WHEREAS, the City is willing to allow Employee to make use of the cellular telephone, under the terms and conditions and terms stated herein, NOW, THEREFORE, in consideration of the mutual covenants hearing contained, and for other valuable consideration, the receipt and sufficiency which are hereby acknowledged , by both parties, the parties agree as follows : 1. City grants to Employee the right to use a cellular telephone under the discounted terms offered by U. S. West. 4 2 . Employee agrees to pay a11'clarces in connection with the use and maintenance of said cellular telephone directly to U.S. West or such other person specified by U.S. West to receive such payment, within any time period specified by U. S. West or its authorized agent or assignee. 3 . In the event an Employee fails to make such payment in a timely manner, so that the City receives notice from U.S. West of its intent to collect such charges from the City, the Employee hereby authorizes the City to deduct from the Employee's paycheck, all sums necessary to pay the amount specified as owing to U.S. West, its agent, or assignee, together with a Five (5) dollar administrative fee to cover the charges reasonably and necessarily incurred by the City in processing this payroll deduction request. Such payroll deductions may continue from time to time until all • t amounts owing, together with all other administrative fees, are paid in full. 4 . Prior to the execution of any such payroll deduction order by the City, the City shall give at least Twenty-four (24) hours notice, either in writing or verbal, to the Employee of its intent to execute such payroll deduction order. 5. The City shall have the right, in its option, to require termination of the use of the Employee's cellular telephone and return of such telephone to U.S. West, in the event that the Employee is, at any time, delinquent in paying its fees for use of such telephone to U.S. West, its agent or assignee. 6. The failure of the City to require termination of the use of the cellular telephone and the return of it to U.S. West on one occasion shall not constitute a waiver on the part of the City of its right to require such termination on a subsequent occasion: IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. . Z;247-- : • tfiWZyl/�j f/' �``- _ CITY OF Employee .:) bv: by: a AGENDA REQUEST FORM Item No. 5h Name: Tom Kaldunski /I / Department: Puhl i n Works d kQ / f —�/ Date: December 6, 1994 P 4- r f ��1 7— MeetingDate: January 3, 1995 Category: Consent Subject: Approve Lease Extension - Solid Waste Gar ge Explanation: SP1 f pxpl anatnry_ This is for Abe ' s Auto Body building. It is my recommendation that the lease be renewed. Reference Material/Responsibility Tom Kaldunski Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Ben Klotz Public Works Lena Larson Public Works Rosemary Swedin Finance //001‘,Z.. Signature Lease Extension Agreement Property location,3360 220th St. W. Between ABH Properties, Lessor& City of Farmington, Lessee ABH Properties, Lessor&the City of Farmington, Lessee hereby agree to extend the current lease on the subject property for a period of one year from its present expiration date of March 31 1995. Extension period shall commence on April 1, 1995 and expire on March 31, 1996. Parties here by agree to adjust the monthly rent due during this extension period, 5%from$1,800.00 to $1,890.00 per month. Lessor is requesting this adjustment to cover increases in owner operating expenses, including, but not limited to insurance, maintenance, improvements and taxes. ABH Properties, a partnership City of Farmington t A- by: rAgene^Mabe"iwchera,Mayor by: i / Attest: Larryihompson,clerk/Administrator Dated: /7// / y' Dated: AGENDA REQUEST FORM Item No. 7a Name: Larry Thompson Department: Administration Date: December 22, 1994 MeetingDate: January 3 , 1995 Category: Petitions, Requests and Communications Subject: Annual Organizational Meeting Explanation: See attached per State Law. Reference Material/Responsibility Referred To: (Name) Depaitment Department Heads Signature 0 Memo to: Mayor and Council Subject: Annual Organizational Meeting Subject: December 30, 1994 State Law requires that City Councils conduct an annual organizational meeting during its first regular meeting of the year to make certain designations, and appointments. The Council has traditionally taken this time to also take certain actions which are not required by Law. Attached is an outline of the organizational meeting. 1. Acting Mayor - Council By-Laws provide for the Acting Mayor to be appointed on a rotating basis. Per the By-Laws, Councilman Ristow should be appointed as the Acting Mayor. 2. Official Publication - Per State Law, the Farmington Independent is the only publication which qualifies as an official publication, and therefore should be designated as such. 3. Official Depositories - Memo from Wayne Henneke. 4. By-Laws (Copy and Memo from the Administrator to the Attorney enclosed) - Normally the By-Laws are reviewed along with the Open Meeting Law. I requested that the Attorney also review the Data Practices Act. Councilman Galler has requested the regular meeting night be considered. If the Council wishes to amend the By-Laws, I would request you give staff direction to research and draft appropriate language and present the amendment at a future Council Meet- ing. 5. Process Servers - Self explanatory. 6. City Clerk's Bond - State Law requires that the City Clerk be bonded. 7. Fees and Charges - A copy of the Resolution with recommended changes is attached. 8. Appointments to Boards and Commissions - A notice requesting applications for vacant seats has been published and included in the City's quarterly newsletter. The Council should determine if and when it wishes to interview the candidates. Terms begin on February 1. Discus- sion of a possible special meeting has been placed under item 13b of the Regular Agenda. 9. ALF Ambulance Board Appointment - The Board generally meets once a month in Apple Valley with an annual retreat sometime in April. 10. ALF Alternate - Self explanatory. 11 Labor Negotiations Rep. - This position was held by Councilman Ristow last year. 12. Committee Appointments - Self explanatory 13. Area Wid- :nh. 'cement - This position was held by Councilman Ristow last year. homvn cc: Department Heads r Ad "ttrator Dave Grannis ljt file "" COUNCIL MEETING ANNUAL ORGANIZATIONAL JANUARY 3, 1995 1. MOTION by `4second by that Councilmember Ristow be designated as Acting Mayor from January 3, 1995 through December 31, 1995. VOTING F. "' AGNST: .. 'ABS IN: MOTION CARRIED. 2. MOTION by jx , second by that the Farmington Independent be designated as the official publication from January 3, 1995 through December 31, 1995. VOTING FOR: AGAINST: MOTION 3. MOTION by , second by 9i1122.- : that the 1st National Bank of Farmington, 1st State Bank of Castle Rock, Premier Bank of Farmington and League of Minnesota Cities 4M Fund be designated as the official degpsitories from January 3, 1995 through December 31, 1995. VOTING FOR: ( AGAINST: MOTION 4. By Laws LV &ad 1.4) *°/, 5N1‘416) k Meeting Nights � J ��.. Open Meeting Law _ f> c, c. Data Practices Act .. $' td d. •i JL ` er /i bN 5. MOTION by ..0b41.11 '' by ' personnel�*-° -'��.A—that all sworn in the Farmington Police Department be designated as process servers for the calendar year 1995. VOTING FOR: Ate.. AGAINST: MOTION C 6. MOTION by „;:;4: 4.. N-p-, second by d0'7, that the following bonds now on file in the office of the City Clerk be approved: United Fire and Casualty Public Employees Blanket Bond January 1, 1995 through December 31, 1995 $50,000.00 VOTING FOR: OFF; AGAINST: MOTION 0. MOTION by RA.AlkiRJ,1 , second by j9IN0L .to adopt RESOLUTION NO. R establishiRgofees and charges for licenses and permits for 1995. VOTING FOR: AGAINST: it MOTION At/C... . CID Discuss apt- ' ments to Boards and Commissions. "`T104SL Or. 9. MOTION by ! c,. , second by to appoint Councilmember . "�.- to the ALF �Ambulance Board O,T.Ar- ING FOR: -� AGAINST: ABSTAIN: MOTION 10. MOTION by ` �`' `�"°� , second by R =� ppoint Councilmember'L1�M n as an alternate to the ALF Ambulance Board. VOTING FOR: AGAINST: ABSTAIN: MOTION . li 11. MOTION by --el;'second by appoint Councilmember as the representative on labor negotiations. VOTING FOR: AGAINST: ABSTAIN: MOTION P.A. 12. Acknowledge the following committee appointments per Council By-Laws: a. Finance Committee - Councilmembers Gamer and Fitch. b. Personnel Committee - Councilmembers Galler and Ristow. 1 . MOTION by r °`;" W-Ok'ssecond by . to appoint Councilmember "R as the City's representative to the Area Wide Enhancement Committee. VOTING FOR: AGAINST: ABSTAIN: MOTION 4 1111.01.1111111111 INIMMENIMIND ..� Heikkila Publications, Inc. Publishers of: The Farmington Independent&The Rosemount Town Pages P.O. Box 192 Farmington,MN. 55024 To: City of Farmington From: Heikkila Publications Inc. It is Hereby Affirmed: (a) The Farmington Independent Newspaper is printed in the English language, is printed in newspaper format and in column and sheet form equivalent in printed space to at least 1,000 square inches. (b) The Farmington Independent Newspaper is issued weekly, 52 weeks per year. (c) The Farmington Independent Newspaper averages 50%of its printed space to paid advertising material and public notices. The balance of printed space is given to news of local interest, sports and Community events. (d) The Farmington Independent Newspaper has a paid circulation of 1750, and distributes up to 1800 without charge to residents on the Farmington Post Office delivery. (e) The Farmington Independent Newspaper is based at 320 Third Street, in Farmington, Minnesota. (f) A copy of each issue of the Farmington Independent Newspaper is mailed directly to the state historical society. (g) The Farmington Independent Newspaper is available to anyone who is a paid subscriber, or is distributed to them free of charge. (h) The Farmington Independent Newspaper has complied with all the foregoing conditions for over one year immediately preceding date of notice of publication. (i) The Farmington Independent Newspaper publishes a second-class statement of ownership and circulation, sworn to by the Farmington U.S. Post Office and a copy of same will be filed with the secretary of state before January 1, of each year. ,"I" r \ YV\L. la) 311 94( Doug Heikkila as MEMO TO: MAYOR AND COUNCIL SUBJECT: 1995 OFFICIAL DEPOSITORIES DATE: DECEMBER 29, 1994 It is recommended to designate the following as the official depositories for the City of Farmington from January 1 - December 31 , 1995: First National Bank of Farmington First State Bank of Castle Rock Premier Bank of Farmington League of Minnesota Cities 4M Fund This represents no change from 1994. (A)Qtp _ di iulcz, Wayne Henneke 41fl 11 Finance Director cc: Larry Thompson Rosemary Swedin file Adopted: 9/6/83 • Effective: 10/3/85 , "Amended: 8/3/87 1/21/92 4/20/92 8/17/92 2/1/93 7/18/94 9/6/94 COUNCIL BY-LAWS SCOPE These by-laws are proposed pursuant to the provisions of Title I, Chapter 5, Section 2 of the Farmington City Code. These by-laws, when adopted, are intended to deal with matters not otherwise covered by State Law, City Ordinance or elsewhere. SECTION I - MEETINGS SUBD. 1 - Regular meetings of the City Council shall be held on the first (1st) and third (3rd) Monday of each month at 7 :00 P.M. . Argy regular meeting falling upon a holiday shall be held on the next following business day at the same time and place . All meetings, including special and adjourned meetings, shall beheld in the City Hall unless otherwise designated. SUBD. 2 - Special meetings of the Council may be called by the Mayor or by any two members of the Council by writing, filed with the Clerk. At least 3 days before the meeting, the Clerk shall notify each member of the time, place and purpose of the meeting by causing written notice thereof to be delivered to him/her personally if he/she can be found, or if he/she cannot be found, by leaving a copy at the home of the member with some person of suitable responsibility. At least 3 days prior to the meeting, the Clerk shall also post notice of the meeting and notify each person who has filed a written request for notice of special meetings . Emergency meetings may be held becasue of circumstances that, in the judgement of the Council, require immediate attention. Notification requirements shall be suspended for special meetings except that the Clerk must make a good faith effort to contact each Councilmember and persons filing a request for written notice. The notice of special meeting shall state the item(s) to be discussed and possibly acted upon. Items not stated in the notice may be discussed, but no action may be if any member objects. Any special meeting attended by a majority of the Councilmembers shall be a valid meeting for the transaction of any business that may come before the meeting. SUED. 3 - At the first regular Council meeting in January of each year, the Council shall : (1) designate the depositories of City funds; (2) designate the official newspaper; (3) pursuant to this section, choose an acting mayor from the trustees, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or in case of a vacancy in the office of mayor, until a successor has been appointed and. qualifies . The acting mayor shall be selected as follows : Odd Numbered Year Member serving 3rd year of term who received the most votes when elected; Even Numbered Year - Member servin 4th year of term who received the 2nd most votes when elected. SUBD. 4 - Commission appointments, boards and committees shall be made at the second (2nd) regular meeting of each year. All appointments will be made from applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council, in writing, as to his interpretations of the State "Open Meeting Law" . All new members shall be provided such written interpretation and briefed on such by the City Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council, in writing, and have the subject placed on the agenda for discussion. SECTION II - PRESIDING OFFICER; RULES OF ORDER SUBD. 1 - The Mayor shall preside at all meetings of the Council . In the absence of the Mayor, the acting mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their members to act temporarily as presiding officer. SUBD. 2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order. A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his second. But a motion, once debated, cannot be withdrawn except by majority vote of the Council . C. A motion will not be subject to debate until it has been stated by the presiding officer and he has opened it to debate. D. Each member, while speaking, shall confine himself to the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him personally, he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council . The presiding officer shall be responsible for the public' s conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial . SUBD. 3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on. the reason for his appeal . General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present . SECTION III - AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the second Friday preceding the meeting for publication purposes . Items may be added to the agenda for Council action until noon of the Friday preceding the meeting. SUED. 2 - Any member can place an item on the agenda by so instructing-the Clerk. SUBD. 3 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUED. 4 - The agenda shall be subject to approval by a majority vote of the members present . Items not on the agenda may be discussed, but no action may be taken if any member objects . SUED. 5 - A consent agenda may be included as part of the agenda, to be approved by a unanimous vote of the City Council . Items may be removed from the consent agenda by request of the Mayor or Councilmembers . r SECTION IV - ORDER OF BUSINESS SUED. 1 - Each meeting of the Council shall convene at the time and place appointed therefore. Council business shall be conducted in the following order: (1) Call to Order (2) Pledge of Allegiance (3) Approve Agenda (4) Citizens Comments (5 minute limit per person for items not on the agenda) (5) Consent Agenda (All items will be approved in 1 motion with no dis- cussion unless anyone wishes an item removed for discussion. (6) Public Hearings/Award of Contracts (7) Petitions, Requests and Communications (8) Unfinished Business (9) New Business • (10) Reports from Commissions/Committees/Council (11) Adjourn (12) Upcoming Meetings SUED. 2 - The order of business may be varied by the presiding officer, but all public hearings shall be held at the time specified in the notice of hearing. SUED. 3 - Each person shall be allowed a maximum of 5 minutes to address the Council under Citizens Comments . SECTION V - MINUTES SUED. 1 - Minutes of each Council meeting shall be kept by the Clerk, or, in his absence, his designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions and claims need not be recorded in full in the minutes if they appear in other permanent records or the Clerk and can be accurately identified from the description given in the minutes . SUED. 2 - The minutes of each meeting shall be reduced to typewritten form, shall be signed by the taker, and copies thereof shall be delivered to each Councilmember as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval of the minutes shall be considered by the Council . The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections . If there is no objection to a proposed addition or correction, it may be made without a vote of the Council . If there is no objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. SUBD. 3 - In addition to typewritten minutes, each Council meeting held in the Council Chambers shall be tape recorded. Recordings shall be kept on file in the Clerk' s Office in a secure location for a period of 18 months from the date of recording. The door to the recording equipment shall be kept locked except during Council meetings . Executive sessions recorded pursuant to State Law shall follow State guidelines. SUBD. 4 - The minutes shall substantially follow the following format: MINUTES COUNCIL MEETING (REGULAR OR SPECIAL) MEETING DATE 1 . Presiding officer, time and place of meeting. 2 . Members Present and Absent, time any member arrives late or leaves early. The time shall also be recorded in the text of the minutes 3 . Summaries of all discussions, communications, decisions, including a copy of each motion exactly as stated, whether or not the motion had a second and, if so, whether or not it was adopted, and a record of the vote. (Complete copies of resolutions or ordinances are not required to be recorded as part of the minutes. ) 5 . Time of adjournment . SECTION VI - QUORUM AND VOTING SUED. 1 - At all Council meetings a majority of all the Council members elected shall constitute a quorum for the transaction of business . SUED. 2 - The votes of members on any question pending before the Council • shall be by roll call, except for the following agenda items : approval of the agenda; approval of the minutes; approval of the consent agenda; and adjournment. The Clerk shall call the roll on a rotating basis . The names of those voting for and against the question shall be recorded in the minutes . If any member, being present, does not vote, the minutes shall be stated "Abstain: Name" . SUED. 3 - Except as otherwise provided by statute, a majority vote of a quorum shall prevail . SECTION VII - ORDINANCES, RESOLUTIONS, MOTIONS, PETITIONS AND COMMUNICATIONS SUED. 1 - If requested by any member of the Council, every ordinance and resolution shall be presented in writing and shall be read in full before a vote is taken thereon. All motions shall be recorded in the minutes and stated in full before they are submitted to a vote by the presiding officer. All petitions and, other communications addressed to the Council shall be in writing and shall be read in full upon presentation of the same to the Council . They shall then be recorded in the minutes by title and filed in the office of the Clerk. SUBD. 2 - Every ordinance and resolution passed by the Council shall be signed by the Mayor, attested by the Clerk, and filed by him in the ordinance or resolution book. Proof of publication of every ordinance shall be on file in the office of the Clerk. SUBD. 3 - Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or resolution to be repealed in whole or in part . No ordinance or resolution or section or subdivision thereof, shall be amended by reference to title alone, but such an amending ordinance or resolution shall set forth in full each section or subdivision to be amended. SECTION VIII - ADMINISTRATOR'S REVIEW SUBD. 1 - The City Council shall conduct an annual review of the City Administrator. The procedure shall be substantially as follows : A. The Administrator shall distribute a Council approved evaluation form on or before the first meeting in September. B. Councilmembers shall complete the prescribed form as instructed by direction of the Council . C. Councilmembers may meet with the Administrator for an oral evaluation. D. The completed evaluation form shall be submitted to the City Attorney on or before the Tuesday preceding the first regular meeting in October. E. The City Attorney shall tabulate the results of the evaluation without any reference to individual Councilmembers . F. The City Council shall consider the tabulated results during the first regular meeting in October and may take action accordingly. SECTION IX - BOARDS AND COMMISSIONS; MINIMUM PERFORMANCE SUBD. 1 - There shall be submitted to the Council at the second meeting of January of each year, a performance report of various Boards, Commissions and Councils . SUBD. 2 - Reports shall be submitted to the Council on the Water Board, Planning Commission, Zoning Board of Adjustment, Parks and Recreation Advisory Commission, Human Rights Commission, CATV Advisory Commission, Reforestation Advisory Commission and Redevelopment Authority. SUED. 3 - Reports shall state the number of regular and special meetings held and the total number of meetings attended by each member. SUBD. 4 - It shall be the goal of the Council to meet at least one per year with each Board and Commission on an informal basis . Such meeting shall not be held in conjunction with a regularly scheduled meeting of the Council, Board or Commission. SECTION X - STANDING COMMITTEES SUBD. 1 - The following Council Standing Committees are hereby established: Personnel Committee - The Personnel Committee shall review and recommend all changes to the City' s Compensation Plan, Personnel Policy, Job Descriptions, and Organizational Chart. The Personnel Committee shall be comprised of the Councilmembers serving the third and fourth years of the Council seat' s term, and the City Administrator. Finance Committee - The Finance Committee shall review and recommend action relating to the City' s Annual Operating Budget, C. I .P. , service rates, and long term operating budgets . Membership shall consist of the Councilmembers serving the first and second years of the Council seat' s term, City Administrator, and Finance Director. SUED. 2 - The Committees shall be purely advisory and have no authority to act on behalf of the City Council . SECTION XI - AUTHORIZED EXPENDITURES AND REIMBURSEMENTS SUED. 1 - Definitions For the purpose of this section, the following terms shall have these meanings given them. Authorized Person The Mayor or any Councilmember. Authorized Expenditure Expenditures made on behalf of the City for a public purpose as determined by the City Council . Authorized expenditures shall include, but not be limited to, the following: Travel (except auto mileage within 25 miles) , meals, registration, tuition, course materials . Official Function Any function which is for a public purpose as determined by the City Council . Official functions shall include, but not be limited to, the following: Council meetings outside of the City limites, League of Minnesota functions, training sessions, education courses, official City business, legislative meetings, seminars, meetings where City representation is requested. SUED. 2 - An authorized person may be reimbursed for all authorized expenditures incurred for attending an official function provided that the following conditions are met : A. The expenditures must be for a public purpose as determined by the City Council . B. The Council must be authorized to make the expenditure. C. The money must have actually been spent on the behalf of the City, except as provided under Subdivision 3 (C) (2) . D. The Council has approved the request to attend an official function except as provided under Subdivision 3 (C) (1) . SUBD. 3 - Procedure: A. A request to attend an official function shall be submitted to the City Council on an authorized form for consideration as soon as reasonably possible. B. The Council shall either approve or deny the request. C. The person may submit a list of itemized expenditures on an authorized form for Council action provided that the conditions under Section A (1) (2) (3) and (4) are met except as follows: 1 . Reimbursements for expenses may be submitted for Council consideration provided that the conditions are set forth under Subdivision 2 (A) (B) (C) are met, and that no regular meeting falls between the time of notification and the function. 2 . The Council may advance the estimated cost of traveling to and attending the function, provided that the person submit a list of itemized authorized expenditures, and reimburse the City for any unused portion. SUBD. 4 - The Mayor shall be reimbursed on a monthly basis as set forth in the annual operating budget, provided that the Mayor submit an affidavit of expenses for the allocated amount . SECTION XII - SUSPENSION OR AMENDMENT OF BY LAWS SUBD. 1 - These by-laws may be temporarily suspended by a unanimous vote of the members present . SUBD. 2 - These by-laws shall not be repealed or amended except by a majority vote of the whole Council after notice has been given at some preceding Council meeting. SECTION XIII - EFFECTIVE DATE SUED. 1 - These by-laws have been adopted by the Council on the 6th day of September, 1983 and become effective on the first day following publication of the same in the official newspaper. r 1 RESOLUTION NO. R1-94 ESTABLISHING CHARGES AND FEES FOR LICENSES AND PERMITS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota was held in the Civic Center of said City on the 3rd day of January, 1994 at 7:00 P.M. The following members were present: Kuchera, Galler, Rotty, Orr, Ristow. The following members were absent : None. Member Orr introduced and Member Kuchera seconded the following resolution: WHEREAS, the City Council of the City of Farmington has by various authorities the right to establish certain fees and licenses and permits; and WHEREAS, the City Council has determined that various licenses and permit fees should be established. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Farmington that the following schedule of fees be adopted and put into full force- and effect, effective January 1, 1994 . LICENSE, GENERAL AMOUNT r arcade Business 0-4 No charge 5-10 $50/yr/machine 11-15 $100/yr/machine 16-20 $150/yr/machine 21+ $200/yr/machine Dog License $5 & $10/yr/dog Note: If 3rd and 4th dog are allowed (Ordinance 6-2-16) the owner shall pay an additional $25 for 3rd dog and additional $50 for 4th dog. Dog Kennel $300/year Exhibition, Temp. Outdoor $15/occasion Explosives, Sale & Storage $10/year Fireworks $10 Saunas Annual Business - $5, 000 Orig. Investigation - $300 . Renewal Investigation - $150 Billiard Parlor Annual - $50 1st machine - $20 ea. addn' l $150 Initial Investigation • 1 iI l Therapeutic Massage Business $300 (Includes 1 therapist) Therapist $50 Investigation $300 1 Investigation (Therapist) $200 Renewal Investigation $ 0 Taxi Driver $25 each Taxicab, Company $25/unit/year Transient Merchant $150/year; $40/quarter Solicitor $10/day; $50/mo. ; $100/year Peddler $10/month; $100/year LICENSE, LIQUOR AMOUNT Beer, Off Sale $30/year Beer, On Sale $125/year Beer, On Sale Temporary -0- Display & Consumption $300/year Liquor, On Sale $2, 500/year I Investigation Fee Not to exceed $200 (Administrative Costs) Liquor, On Sale Club $300/year Liquor, On Sale Sunday $200/year Transfer Fee $300 Wine, On Sale $200/year PERMITS, SPECIAL AMOUNT Antennas & Towers Uniform Building Code Excavation and Mining 0-500 cu yd. $25 1CDOSIRA5, 000 $30 ,o0 .:f(5, 001-50, 000 $ A ® 50, 001-250, 000 $5004- e1146 _ 250, 000+ $1, 000 r -n -- (Grading Plans required + Engineer Review Fee at �i��O1V/hr for 500 +cy) 2 Filling* $75 + staff time Wetland Alteration Permit* - ,1SO + staff time (Note: Staff review to be billed at hourly rate - 1 hr minimum) Landfills, Sludge Ash, Initial Fee - $150, 000 Incinerator Ash, etc. Renewal Fee - $60, 000/yr + $30/ton Sign Permit 1.Estimated Value To $500 $15 . 00 500 . 01-1000 25 . 00 1000 .01-2500 50 . 00 Over 2500 75 . 00 2 .Signs which need a conditional use permit must pay both the established sign permit fee, plus the conditional use permit fee. 3 .Fees are not required for signs exempted by Section 4-3-5 (B) ERMITS/ZONING/SUBD. /DEVELOPMENT AMOUNT Building Permit Current Uniform Building Code No chg. for projects less than $1000 Ind. On Site Sewage Treatment (County) $4g06-7O (City retains $10) Plumbing Permits Residential New Construction $45 (44 .50 + .50 surcharge) Repair/Addition 25 (24 .50 + .50 surcharge) Commercial 1% of contract cost + surcharge (contract valuation x .0005) INCLUDES SPRINKLING SYSTEMS (Minimum of $25 . 00 - 24 .50 + surcharge) Water Softener $15 . 00 (14 .50 + .50 surcharge) - Call to have softener inspection while installer is at the site. Heating Permits Residential New Construction $45 (44 .50 + .50 surcharge) Repair/Replace 25 (24 .50 + . 50 surcharge) 3 sgfr- Commercial 1% of contract cost + surcharge (contract valuation x . 0005) Minimum of $25 . 00 (24 .50 + .50 surcharge) Building, Moving - House $150 + cost of utility locations - Garage $ 50 + cost of utility locations - Surety Equal to total cost of relocation as est . by Zoning Officer Building, Razing Uniform Building Code EAW and EIS Staff time, consultation costs and directly related costs Pre Plat Surety $75/acre not to exceed $3, 000 deposit Pre Plat Admin. Fee $500 base + $9/lot PUD Schematic Plan - $500 + $22/ac Preliminary Plan - $500 Final Plan - $500 Cond. Use/Spec . Except . Admin. Fee $125 Rezoning, Admin. Fee $175 Subd. Imp. Admin. Fee Feas. Plans/Specs Comp. Total Pub. Imp. - Priv. w/o Assess Roll 1/2% 1/2% Pub. Imp. - Pub. w/o Assess Roll 1/2% 1/2% 1/2% 1 1/2% Pub. Imp. - Pub. with Assess Roll 1/2% 1/2% 2% 3% Subdivision Waiver, Adm. Fee $50 + $25/staff hour Variance Appeal $100 Zoning Certificate $5 Planner $55/hour City Engineer $58/hour Surface Water Mgmt . Fee (Development),0$7. 0.94/sq.ft. - Residential ,/00•Q/sq. f t. - Mixed Code ./ q..49/sq.ft . - High Density Res. 17a. /sq.ft . - Commercial/Indust. Surface Water Mgmt . Fee (Redevelopment/Unplatted) - See Policy A attached. Assessment Roll $2 . 00/parcel x term of assessment Finance Charge (Interest Rate) Bond Rate + 1.5% 4 Water Main Trunk Area Charge (Development) Area Area Charge (per acre) 1A $ 910.-0O 93 7 1B e�-e o I34 1C 7&0 /say 1D 1, 324 .50 /36q 1E 1, 600 . 00 4043 iF 1,498 .00 /5q3 2A1 1, 011.00 /Oc// 2A2 1, 5.8$ A-0 /( 35- 2B1 ( 3S2B1 1,420 . 00 /'/'3 2B2 1, 675. 0Q /74;- 2C1 742C1 ITS-1--2-.-0-0- /.557 2C2 1-7-649-7-et /-76-o 2D1 L,-�B�-:@� /7 3 2D2 x-00 /793 Remaining Undeveloped Area 17-75-1-7-0-0 /803 Unplatted Land See Policy B attached Erosion and Sediment Control Fees Development Agreement See Schedule D attached rater Quality Management Fees - Residential (Single/Multi) $ 2$/acre �a Commercial/Indust/School/Other G8-/acre a7 Sanitary Sewer Trunk Area Charge $ /acre ,' 3(p atLe t-c �4-t SG� "at y �ecedt cl e MUNICIPAL SERVICES AMOUNTS City Refuse Collection $49 . A./qtr. Commercial & Metered See Policy C attached Storm Water Utility $-5q5/storm water unit 5,90 Sewer Metro Sewer Avail . Chg. (SAC) $S-A$/single unit 850 Benefit Charge -&0 /-500 Connection Permit $45 each Lateral Equiv. Chg. See assessment rolls Serv. Connection Fee (CSAH 31) $3-7-8=GeJ354 Stub Out Charge $.8494 each (St. Brkg Permit Extra) &5 User Rates - Non-Metered .$,55.35/unit/qtr. Sy,00 - Metered $2 .75/M gals (Z-5 .1S/qtr minimum) d-q5 59.00 Reserve Capacity (SW 1/4 of Sec. 25) $1061/acre (See Asmt. Roll #144) Non Compliance - Sump Pump Ordinance $100/month added to sewer bill 5 I Water Benefit Charge $1000 each ,O3O Connection Permit $45 each Reserve Capacity Connection(WAC) 3/4 or 1" $ 524 . 00 540 1 1/4" 8-e-e 81.It 1 1/2" .4. 8--6t0 /a/3 3" 3, 697 . 00 3gpg 4" 16-3-74-;-9-0 6" q,4o 5" 8" 33,4-97.-903 {50, Water connection charge will not apply to fire sprinkler lines F" r- ' • nk in•- A ail- •i' it - lg. $5 r / iut,Q Q : " - $r0/• •r. Lateral Equiv. Chg. See assessment roll Metered Rates $10 . 50 + $ . 95/mg under 25, 000 $1. 10/mg over 25, 000 Restoration Fee $30 . 00 ! Stub Out Charge $1000 each Hydrant Usage 1.Cv v , ttitY„A 1/1M gal - Meters Actual Cost + 10% not to exceed $25 Meter Testing Fee $75 Meter Horn Fee $35 Penalties Late Payment Penalty 10% of current del . chg. Certification Fee 10% of del . bal + interest Street/Curb Breaking Min. $250 deposit + $45 inspection fee on lg. projects. Unused balance refunded. Engineering Services Engineer $58/hour 40 Assistant Engineer $4e/hour 45 Civil Engineer I $ .4/hour 35 Engineer Tech $21/hour gg Engineering Intern $e9/hour j/ Secretary/Clerk Typist $23/hour g Projects Feasibility Report 2% of Est. Const. Costs Plans, Specs, Bidding 5% of Est. Const. Costs Staking, Insp. , Supr. 5% of Actual Const . Costs (Total Engineering Not to Exceed 12% of Actual Const . Costs. ) p , . -- P Uat I.Joutthibt, _ate_ , gt4_,LS 6 V :urrent Services - 1 hr. min. Personnel 4214t Y? Public Works Dir./Engineer $&&/hour St. and Utility Foreman $4±/hou 50 Maint. II $34/hour .35 Maint. I $3.2/hour 33 Equipment Services * Pick Up Truck $4-3-/hour >1'/ 5 yd. Dump Truck 6,jg_,.L �,�; , $4$[hourS r �� ,,L, 3`ewer Rodding Machine $6°8/hour (c Road Patrol (Grader) $6.9/hour O, Ind. Ford. Tractor (backhoe +/- loader) $-6-0/hour (c) Street Sweeper $ 6/hour 7g Air Compressor, Hammer, Hose $.&G/hour (a Compacting Tamper $3$/hour 40 Trash Pump $B-3/hour 3z/ Paint Striper $54-/hour 5S Mower (with operator) $&-/hour S3 Chipper $6&/hour Skidster $ 8/hour 5 Router $&2-/hour SS Blower $3-3-/hour 35 f The minimum charge for use of City equipment will be 1 hour at Standard L±. Rate. The standard rate includes operator fees. All City equipment must be operated by City employees . MISCELLANEOUS AMOUNT Ag Preserve Filing $50 Candidate Filing $2 Street/Curb Benefit Chg. See assessment roll Utility Const A Fee Pa-0,41_ . Parkland Cont . Land Money Parkland in Zones R-1 thru R-4 12 .5% $10, 000/Acre* 4, 000/Acre ** Parkland in Commercial/Industrial 5's $10, 000/Acre * - In MUSA ** - Not in MUSA Trail Fee 205k of Parkland Fee (inc. in Parkland Fee) Returned Checks $15 Mandatory Information Requests Min. $25/request + hourly Administrator $60/hour Administrative Assistant $45/hour Police Chief $45/hour Finance Director $45/hour 7 { S Ii Park and Recreation Director $45/hour Acct I/Billing Clerk $30/hour Secretary/Clerk Typist $20/hour Mileage $ .28/mile Meals $30/day Weed Notice - Adm & Inspec. $30 (2nd notice during same growing season) Fire Service Fees Emergency Vehicle Response (Owner $150/hour/call + labor at hr rate not Resident of Fire/Rescue Dist . ) Ag. Fire Permit Processing $10 . 00 MPCA Fire Permit Processing $10 . 00 False Alarms Residential $75 Non Residential $150 Fire Report Fee $15 Fire/Rescue Standby (Org. Request) $6 .30/hour/person7,00 COUNTER SALES -' Mylar $5 .00 per copy Blue Line Copy $2 .00 per copy (exc. 2' contour) Photo Copies .20 Zoning Maps . 50 Comp. Plan $5 Redev. Plan $4 2' Contour Map (Spec. Order) GIS Fees (See Schedule E) Budget $10 Comp. Storm Water Plan $10 Water Supply & Dist . Plan $10 Assessment Search :e tL L 9'- p� $10 FAX 'Machine $ . 50/page (to recover cost of paper) plus long distance costs ($5 minimum) Financial Audit $20 POLICE SERVICES (2 hour minimum) Police Reserve $17. 00/hour Police Officer $ 5/hour .;?'7©O Police Sergeant $30/hour Police Chief $35/hour 8 Equipment Squad * $4-2-/hour 4 Barricades $6/day Non Resident Fingerprinting $12 * The charge for private use of squad, includes 1 officer, will be billed at a 2 hour minimum. All Police units must be operated by Police Officers. Investigative Case Reports $1 per page Phi a hp rte epth S per copyap_fl3� `� BONDS - SURETY Wetlands Per est. costs of code compliance Excavation/Filling/Mining Per est. costs of code compliance Subd. Devel . Impr. 125% of cost This resolution adopted by recorded vote of the Farmington City Council in r open session on the 3rd day of January, 1994 . 6:441 t/ {tAzi Mor Attested to the 7th day of January, 1994 . Ae / /j1 SEAL �/ Cle dm/ trator • 9 I SCHEDULEA I COMPREHENSIVE STORM DRAINAGE PLAN POLICY FOR DEVELOPMENT/REDEVELOPMENT OF PROPERTY BACKGROUND STATEMENT The Municipal Storm Sewer utilizes a fee structure for storm water improvements based on anticipated development. A parcel' s contribution is determined by size and land use under the principal that a parcel should pay for past, present and future storm sewer { improvements necessary to meet the needs of the parcel . The fees are set forth in the Comprehensive Storm Drainage Plan dated September, 1985 (Storm Water Area) and policy dated September, 1989 (Storm Water Utility) . Storm water utility fees are based on size and land use on the basis that more intense land use pay a higher fee. Utility fees are paid by all developed property on a quarterly basis . Storm water area charges are paid at the time of development to help offset storm water improvements associated with the development of the property and are based by land use on a per acre rate. Presently, the Storm Water Area Charges only address developments associated with platting. Therefore, a policy is required which addresses development not associated with platting. When adopted, this policy will be incorporate as part of the Farmington Storm Water Drainage Plan. POLICY STATEMENT The purpose of this policy is to set forth the basis of fees and charges relating to past, present and future storm water improvements necessary to serve anticipated land use for development activities not related to the platting of property. AFFECTED DEVELOPMENTS A. A Storm Water Area Charge shall be paid before any building or development permits are approved. B. Storm Water Area Charges are not required for the following activities : 1 . Building permits or platted property. 2 . Residential or agricultural accessory structures or additions . PROCEDURE A. It is the responsibility of the property owner or his agent to present to the City Engineer or his designee the following information: 1 . Site plan showing location of all existing and proposed buildings and other developments relative to property lines. B. The City Engineer shall calculate the Storm Water Area Charge as .f. follows : 1 . Undeveloped Property a. The Engineer shall determine the area of development upon review of the site plan. The following minimum areas shall apply: Residential 10, 000 square feet Commercial 10, 000 square feet Industrial 40, 000 square feet C-1, F-1, F-2, F-3 80, 000 square feet b. The Engineer shall multiply the estimated area by the rate set forth in Table 3 of the Farmington Storm Drainage Plan as amended. 2 . Redevelopment a. The Engineer shall determine the area of development and change in land use upon review of the site plan. The following minimum areas shall apply: Residential 10, 000 square feet Commercial 10, 000 square feet Industrial 40, 000 square feet r_ , C-1, F-i, F-2, F-3 80, 000 square feet b. If it is determined there is no change in land use classification as described in Table 3 of the Farmington Storm Water Drainage Plan, no fee is to be charged. c. If it is determined there is a change in land use, the fee shall be calculated as follows: Area x (Existing Land Use Rate - Proposed Land Use Rate) = Fee If the fee is less than $0 . 00, no fee will be charged. 12 SCHEDULEB WATER SUPPLY AND DISTRIBUTION PLAN FOR UNPLATTED PROPERTY BACKGROUND STATEMENT The Municipal Water Utility utilizes a fee structure for water supply and distribution improvements based on anticipated development. A parcel' s contribution is determined by the parcel' s size and land use under the principal that a parcel should pay for past, present and future water system improvements necessary to meet the anticipated water needs of the parcel . The fee schedule set forth in the Farmington Water Supply and Distribution Plan dated June, 1988 sets forth charges for water area and water hookups. The water connection fee is primarily used fpr present and future pumping and storage capacity and is based on type of land use. The water area charge is primarily used for past, present and future oversizing of mains and is set at a uniform per acre rate for future development. Also, the water area charge presently only addresses development associated with the platting of property. Therefore, a policy is required which sets forth fees for development not associated with platting. When adopted, this policy will be incorporated as part of the Farmington Water Distribution and Supply Plan. POLICY STATEMENT The purpose of this policy is to set forth the basis of fees and charges relating to past, present and future improvements necessary to serve anticipated land use for development activities not related to the development of property. AFFECTED DEVELOPMENTS A. A water area charge shall be paid before any building permit is approved, unless specifically exempted under Section B. B. Water Area Charges for the following activities are not required: 1 . Any building permits on platted property. 2 . Residential or agricultural accessory structures. PROCEDURE A. It is the responsibility of the property owner or his agent to present to the City Engineer or his designee the following information: 1 . Site plan showing location of all existing and proposed buildings and other development relative to property lines . • a) 1.3 B. The City Engineer shall calculate the water area charge as follows : 1 . The Engineer shall determine the area of development upon review of the site plan. The following minimum areas shall apply: Residential 10, 000 square feet Commercial 10, 000 square feet Industrial 10, 000 square feet C-i, F-1, F-2, F-3 80, 000 square feet 2 . The Engineer shall multiply the estimated area by the rate set forth in Table 14 of the Farmington Water Supply and Distribution Plan dated June, 1988 as amended. 14 POLICY C APPENDIX A Solid Waste User Fee Schedul Solid W. te Rates Single Family esidential with (1) 90 Gal. Container $49.00/quarter Multi-family (2-4 'ts) with (1) 90 Gal./Unit $49/qtr/unit Multi-family (5+ units) -*th 300 Gal. Con ler $169.20/qtr x pickups/wk Multi-family (5+ units) with 1 /2 cy P i s pster $169.20/qtr x pickups/wk Commercial/Institutional with 1 1 y Dumpster $169.20 x pickups/wk Commercial/Institutional wi e 00 Gal. 's ntainer $169.20 x pickups/wk Industrial with 1 1/2 cy ! sspster $169.20 x pickups/wk Commercial/Industri. with 8 1/2 yard rolloff con . . er $ 68.00 x pickups/wk Special Pickups, 1/minute/employee + disposal •.st($17.50 minimum) Out of Cab harge $5.00 • op Yard te - weekly $1/bag (39 1, . max.) Sticker required Re' I Collection Trip Charge $5.00/trip Waste Lumber $31.12 per 8 1/2 cy d :spster Rev. 1/94 POLICY C APPENDIX A Solid Waste User Fee Schedule Solid Waste Rates Single Family Residential: 30 gallons $41.35/quarter 60 gallons $50.90/quarter 90 gallons $60.45/quarter 120 gallons $89.05/quarter 150 gallons $98.60/quarter 180 gallons $108.15/quarter 210 gallons $135.70/quarter 240 gallons $146.30/quarter 270 gallons $155.85/quarter Multi-family(2-4 units)with(1)90 Gal./Unit $60.45/qtr/unit Multi-family(5+units)with 300 Gal. Container $226.85/qtr x pickups/wk Additional 300 Gal.Container $93.05/qtr x pickups/wk Commercial/Institutional with 300 Gal.Container $226.85/qtr x pickups/wk Additional 300 Gal. Container $93.05/qtr x pickups/wk 600 Gallons $319.85/qtr x pickups/wk 900 Gallons $412.90/qtr x pickups/wk 1200 Gallons $505.90/qtr x pickups/wk 1500 Gallons $639.70/qtr x pickups/wk 1800 Gallons $732.75/qtr x pickups/wk Industrial with 3 cy Dumpster $330.05/qtr x pickups/wk a.00 Special Pickups $1 /minute/employee+disposal cost($44:40 minimum)6tD,O 0 Tires $8.65/each Appliances $25.00/each Mattresses/Box Springs $20.00/each Couch $27.50/each Recliner(Chair) $20.00/each Out of Cab Charge $5.00/stop Yard Waste-weekly $1/bag(39 gal. max.) Sticker required Return Collection Trip Charge $5.00/trip Waste Lumber $540 per 8 1/2 cy dumpster lPO.OD EXTRA BAG CHARGE(lids that do not appear to be $2.00 per occurrence— 30-91 ¶LL closed or additional garbage deposited by customers 00 , % - 300 at the time of collection) Prow ate .J cutAIL A.- r► c. #(94.w,ya ,(Li'g y �t *40o, 0 0 * Customers who overfill their containers more than 50%of the time during a quarter and do not request a level of service change will automatically be raised to the next level of service. Rev. 11/94 RESOLUTIO. - 94 AMENDING SOLIDONNWASTER129 RATES ` } Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City of the 7th day of November, 1994 at 7:00 P.M.. The following members were present: Kuchera, Orr, Ristow, Rotty The following members were absent: Galler Member Rotty introduced and Member Orr seconded the following resolution: WHEREAS, pursuant to Resolution No. R1-94 - City Fees and Charges, fees were set for 1994 ;and WHEREAS, pursuant to Resolution R125-94 which increase solid waste rates by 6% effective 1/1/95 ;and 'WHEREAS, it is proposed to increase solid waste rates for miscellaneous items collected by special pickup to meet the revenue requirements in the 1995 budget. NOW THEREFORE, BE IT RESOLVED that effective with the January 1, 1995 billing, solid waste rates for miscellaneous items will be increased as shown on the attached Policy C, Appendix A., This resolution adopted by recorded vote of the Farmington City Council in open session on the 7th day of November, 1994. / j4%2 ayor / • Attested to the 0 day of ,1(N4 01,(\s-\.,1994. ,AftV SEAL /rk/ • :m. 'stator • ID� Erosion Control Contract 3 �ke dal Page-4 -e, n- ---J:Lie"-- 4-" S ° VII. FEE SCHEDULE A. Detached Single-Family Subdivision / 11111.111111.111040111.1110404001E ; : ... :: ;: V » > > < 1 - 5 $125.00 $39.00/Hr. 6 — 15 $180.00 $39.00/Hr. 11 — 15 $225.00 $39.00/Hr. 16 — 30 $300.00 $39.00/Hr. 31 — 50 $350.00 $39.00/Hr. 51 — 75 $400.00 $39.00/Hr. 76 — 100 $425.00 $39.00/Hr. 100 - Up $475.00 $39.00/Hr. DEFINITIONS: # of Lots - Total number of lots included in subdivision plat, whether or not the entire area of the lots are to be disturbed. Flat Rate Fee - Minimum fee for time spent on plan review, including (a) field review, (b) office review, (c)travel, (d) clerical, (e) material, and (f) administration. Inspection Fee - Fee includes time and travel spent on the inspection of individual lots and general site development, temporary and permanent control measures, and a final report for the total area covered by the agreement. Additional Fees - Any staff; or special meetings, areas disturbed due to work not directly involved in the construction of individual lots, drainage and roadways, including ball fields, recreation area, etc., will be charged $39.00 per hour. B. Multi-Family Residential EfilititilfallelliiiiitinillillifitietiEnelini 1 — 5 $150.00 $39.00/Hr. 6 — 15 $225.00 $39.00/Hr. 16 — 30 $300.00 $39.00/Hr. 31 — 50 $350.00 $39.00/Hr. 51 — 100 $400.00 $39.00/Hr. 100 - Up $500.00 $39.00/Hr. 1 r / J Erosion Control Contract -YaSe - DEFINITIONS: l #of Buildings Units -Total number of individual buildings. Flat Rate Fee- Same as single-family. Inspection Fee - Fee includes time and travel spent on the inspection of individual lots and general site development, temporary and permanent control measures, and a final report for the total area covered by the agreement. Additional Fees- Same as single-family. C. Commercial, Industrial,Roads, and Drainage,and Other MORMARVEMBINIMERMONEEMaiaitiatioWitieigill .::::.:.:. • .;:.:.::.::.::;4.>.<:>tl : ::..s .;::.;;:.;;<::.::.:::.;:.;:.;::.::::.::.;:idate: 1 - 5 $150.00 $39.00/Hr. 6 - 10 $225.00 $39.00 '• 11 - 25 $300.00 $39.00/Hr. 26 - 50 $350.00 $39.00/Hr. 51 - 100 $400.00 $39.00/Hr. 100 — Up $450.00 $39.00/Hr. DEFINITIONS: Area - The total land surface area, in acres, involved in all construction related activities, including but not limited to easements, ingress and egress, general site development, drainage facilities, stockpile areas, and cleared areas. VIII. INSURANCE The P; -s agree that they will at all times during the e • s Contract, have and k m force, at thei •wn expense, insurance of the type • . .•ounts outlined below, cov- =• g any injury caused by .a act or omission on t• •art of each p• A in the performan - of or with relation to any of the • or se� vided to be performed un. - the to •f this Contract, in the following amounts: Workers' Compen n-Statutory NE m. Such po,. ' insurance shall apply to the e •t of, • , not as a limitation up. . or in satisfa ion of the indemnity provisions herein. 1�e SCHEDULEE G.I.S. FEES County City Total Digital Data (Ultimap Format) $484/mega byte $20 $504 Digital Data (DXF Format) $534/mega byte $20 $554 Hard Copy Map Sales 1/2 Sec. - Property Only $ 8 $ 5 ' $ .13 1/2 Sec. - Prop. & Planimetric 45 5 50 1/2 Sec. - Prop/Planimetric/Contour 136 20 156 1/8 Sec. - Prop/Planimetric/Contour 34 5 39 1/2 Sec. - Aerial Photo 5 0 5 Old Section and 1/4 Section 5 0 5 Trunk Sanitary Credits - Sewer District 1 October 27, 1994 See Map "A" Project 71-25 (A) Trunk Sewer Parcel #8 Assessment/acre Fee with Credit 1 $498.00 $702.00 1A $198.00 $1,002.00 1B $244.00 $956.00 1C $198.00 $1,002.00 1D $202.00 $998.00 1E $76.00 $1,124.00 lEE $76.00 $1,124.00 Formula = Trunk Sanitary Sewer Fee - Previous Trunk Assessment 1994 - Example (Area 1C) = $1,200.00 - $198.00 = $1,002.00 1 CITY OF LAKEVILLE • CI I Y OF FARMINGTON 71771717-777171.711' ul r g: 4 .r /j; 1-A I-- =1 � �111 °('- V 7, . ra 4 E =e,- #4*, .4...7 . ••.�_ °ir .Q P Pr Sr W� / _1 F;a 19'��'Np T W I :1 'v�.!1--� ,„ . 1 L r it[uttill -'l/ '_1... 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Trunk Sanitary Credits - Sewer District 3 October 27, 1994 Project 89-5 (A) Trunk Assessment/ Trunk Sewer Name P112 Assessment A= Fee w/credit Dakota County 14-03600-012-05 .... $10,111.00 $2,022.20 $0 Sharon Broske 14-03600-011-03 $809.00 $1,011.25. $188.75 Duo Plastics 14-03600-012-29 $3,033.00 $1,011.11 $188.89 Duo Plastics 14-03600-013-27 $3,741.00 $1,011.08 $188.92 FEI 14-03600-016-29 $3,033.00 $3,033.00 $0 Wallace Berglund 14-03600-020-08 $870.00 $859.94 $340.06 Wallace & Bett Berglund 14-03600-015-29 .... $26,906.00 $859.94 $340.06 Bernard Murphy 14-03600-012-27 ....$40,445.00 $1,011.13 $188.87 Northern Natural Gas 14-03600-019-08 .... $74,721.00 $1,906.15 $0 Stella Hammer 14-03600-011-05 .... $60,667.00 $2,022.23 $0 Donald & Margaret Petersen..14-03600-010-33 .... $80,889.00 $1,011.11 $188.89 Formula = Trunk Sanitary Sewer Fee - Previous Assessment 1994 - Example (Petersen Property) = $1,200.00 - $1,011.11 = $188.89 Note - the trunk fees can not be reduced below $0 - no refunds will be made on previous assessments .\\ PI ; OfO+ IO }#, W1 CLIAGAE�V AVE. 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I, i 0 r z ' 1,,,\ \ �1 1 :. o m Memo to: Dave Grannis Subject: Open Meeting Law/Data Practices Act Date: December 27, 1994 Attached, please find an outline I received relating to private data versus the Open Meeting Law. While the report is geared towards school districts, I believe most of the discussion would apply to cities as well. You may wish to use the report as part of your annual update to the City Council on the Open Meeting Law. I would appreciate it if you would expand your report to include the Data Practices Act as well. If you have any questions, please contact me. /1/919/‘.---r; T,son pity • • inistrator ljt cc: Mayor and Council Don Gamer Bill Fitch Department Heads Administrators Agenda Packet file , The attachments were sent previously. LAW OFFICES BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2400 IDS CENTER DEC 2 2 1994 a{ MINNEAPOLIS, MINNESOTA 55402 + �I I ) TELEPHONE 18121 004-8400 4 J J FACSIMILE 18121 334-8880 J u Y SAINT PAUL OFFICE WRITERS DIRECT DIAL NUMBER 2200 FIRST NATIONAL BANK BUILDING SAINT PAUL,MINNESOTA 55101 TELEPHONE(812)223-8800 (612)334-8583 FACSIMILE(812)223-8480 December 21, 1994 Mr. Larry Thompson City Manager City of Farmington 325 Oak Street Farmington, MN 55024 Dear Larry: The enclosed is for your information. Please call if you have any questions. Very truly yours, BRIGGS AND MORGAN By C2-1- Paul C. Thissen PCT/wmc Enclosure MEMBER,LEX MUNDI,A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS SECTION XI Private Data v. Open Meetings Prepared by Neal T. Buethe Briggs and Morgan, P.A. Saint Paul,Minnesota TABLE OF CONTENTS PRIVATE DATA v. OPEN MEETINGS I. OVERVIEW 1 II. A REVIEW OF THE BASIC ELEMENTS OF THE MGDPA 1 A. Public Data 1 B. Confidential Data 2 C. Private Data 2 D. Accessibility of Public Data 3 E. Personnel Data is presumed to be private 3 F. Educational Data is presumed to be private 5 G. Penalties for violation of the MGDPA 6 III. A REVIEW OF THE BASIC ELEMENTS OF THE OPEN MEETING LAW 6 A. The fundamental rule: all meetings are open 6 B. Exceptions 7 C. Penalties for violation of the Open Meeting Law 10 IV. COMMON ISSUES 11 r - PRIVATE DATA v. OPEN MEETINGS • I. OVERVIEW: BALANCING THE PUBLIC'S RIGHT TO KNOW, THE INDIVIDUAL'S RIGHT OF PRIVACY AND THE NEED FOR EFFICIENT ADMINISTRATION. Any public school board member, public school administrator or public school attorney knows that the data kept by, and the decisions of, a public body are in the public eye. The Minnesota Government Data Practices Act("MGDPA"),Minn.Stat. § 13.01 et. seq., and the Minnesota Open Meeting Law, Minn. Stat. § 471.705, have the same basic objective: to assure the public access to government information and decision-making while respecting the legitimate privacy concerns of individuals and the efficient administration of a public body. This balancing may be difficult to achieve. For example, since the MGDPA prohibits public disclosure of non-public data, and yet the Open Meeting Law provides that all public school board meetings be open to the public, a potential conflict arises any time the school board holds a meeting in which it must discuss non-public data. This discussion reviews the fundamentals of these two laws and answers some common questions arising out of the interaction of these two complex statutes. Particular attention is paid to educational data on students and personnel data on employees. H. A REVIEW OF THE BASIC ELEMENTS OF THE MGDPA. A. Types of Government Data: The MGDPA make all government data public data with a public right of access unless it falls with certain exceptions. "Government Data" includes all government-kept information, including information kept by a school district on its students and personnel. Neither the physical form (e.g., documents, computer data) nor its "temporary" or "permanent" designations make any difference - all such "government data" is subject to the MGDPA. Government data falls into two major categories: Data Not on Individuals (e.g., financial data, property records) and Data on Individuals which is defined as data in which an individual can be identified as the subject of the data. The MGDPA then categorizes such data on\ individuals as follows: Hct `' a . • All Data Retained by the School District t Data on Individuals I Data Not on Individuals Public Private Confidential 1 All Personnel Data and Education Data Not Explicitly made Public Data by Law That is, for a school district, personnel data on its employees and educational data on its students constitute private data on individuals unless explicitly made public data by law. B. Confidential data on individuals is government data made confidential by 07 state or fe. - - a 4 - •S a' :. . . . " ion 0� . Stat. § 13.02, subd. 3. A common example is civil investigative data, �8 defined as data collected in an active investigation "for the purpose of the gjt commencement or defense of a pending civil action, or which are retained in anticipation of a pending civil legal action." Minn. Stat. § 13.39, subd. 2. Attorney-client privileged and work-product privilege documents are often protected as confidential. A recent amendment authorizes Court actions to compel the release of pending civil investigative data. Minn. Stat. § 13.39, subd. 2a. C. Private data on individuals is government data that state or federal law makes "(a) not public; and (b) accessible to the subject of the data." Minn. Stat. § 13.02, subd. 12. Personnel data on staff and education data on students is private data on individuals unless explicitly made public by statute. Minn. Stat. §§ 13.43, 13.32,subd. 4. Access to such data is limited as follows: 1. The subject of private data on an individual (i.e., the employee or student) obtains access to the data upon request to the District, but only once in a 6 month period unless: • There is a dispute as to the accuracy of the data; or • There is a dispute as to whether the data is pending; or • There is additional data on the individual has been collected or created. 2 • Minn. Stat. § 13.04, subd. 3. If the individual requests copies, the District must comply within 5 days or inform the individual that it needs 5 additional days, and require payment of the actual copying costs. Id. 2. A third party can obtain access to private data on an individual if the individual gives his or he‘informedjconsent - which must be made by a person of sound mind and in written plain language, dated and specific ct .vh,rh gnwrnme agency or political subdivision it is directed, what information is subject to disclosure as well as the purposes for whit h i c'an he need. Minn. Stat. § 13.05, subd. 4(d);see also Minn. Rules 1205.1400. The written consent should also have an expiration date, which can not exceed one year. Id. If there is no consent, a third person can gain access by court order or by the statutory procedure set forth in § 13.06, subd. 6, which essentially provides for a court order allowing discovery of private data on individuals when the court determines: a) that the material sought is otherwise subject to discovery and b) that the benefit to the party seeking the material outweighs the harm to the privacy interests of the person subject to the data or the interests of the district. Id. Any court-ordered production will be with appropriate notice and protective orders. Id. D. Access to Public Data: Public data on individuals is "accessible to the public in accordance with the provisions of § 13.03." Section 13.03 sets forth the method by which the public can give access to public data. It is not unrestricted access to the records. For example, a school district employee cannot avail himself of a public record by just taking it from the file. Rather, the MGDPA mandates that the responsible authority for the data (e.g., the school district) will "establish procedures . . . to insure that requests for government data are received and complied with in an appropriate and prompt manner." Minn. Stat. § 13.03(1). The school district should re•uire that persons make a formal writt- I - • - • • - • • OM . . , f d c arge its actua costs for making copies and searching_for and retrieving the data which must_be "supplied as soon as reasonably possible." See further details in Minn. Stat. § 13.03(3). E. Personnel data is presumed to be private with certain statutory exceptions: Personnel data is "data on individuals collected because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts and an independent contractor with a . . . political subdivision or is a member of commission." Minn. Stat. § 13.43(1). 3 r 1. While"personnel data"is presumed to be personal,i.e.,private data on individuals,the following specific types of personnel data are explicitly made public data: [Dame; actual gross salary; salary range; contract fees; - actual gross pension; the value and nature of employer paid fringe benefits; the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;job title;job description; education and training background; previous work experience; date of first and last employment;the status of any complaints rf) or charges against the employee, whether or not the com laint or charge resulted in a disciplinary action; the 1 disposition of anv�_dicr pj y action together with he specific reasons for the action and data documenting he basis of the actio1excluding data that would identify confidential sources who are employees of the public body; the terms of any agreement settling any dispute arising out of the employment relationship; work location; a work telephone number; badge number; honors and awards received; payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data; and city and county of residence. Minn. Stat. § 13.43, subd. 2(a). 0 Disciplinary matters: This list of public personnel data is straightforward except for the rather open-ended concept of"thee) didisposi n of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action." This has been subject to many interpretations and controversial Court decisions, but the legislature has provided the following guidance by defining three ways in which there is "final disposition" of an employee disciplinary action: a. "[A] final disposition occurs when the . . . political subdivision makes its final decision about the disciplinary action, ardlp s of the possibility of any later proceedings or court proceedings." Minn. Stat. § 13.43, subd. 2(b). Prior to that time, data on disciplinary matters is private data on individuals with severely limited accessibility. In the recent case Unke v. Independent School District 147, 510 N.W.2d 273 (Minn. Ct. App. 1994), the Court found that a school board's discussions of sexual 4 harassment charges in a public meeting prior to final disposition violated both the MGDPA and the Open Meeting Law. b. "In the case of arbitration proceedings arising out of collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings or upon the failure of the employee to elect arbitration." Minn. Stat. § 13.43, subd. 2(b). Prior to that time, all data on the grievance is private data with severely limited accessibility. c. "Final disposition, includes a resignation by an individual when the resignation occurs after the final decision of the . . . political subdivision or arbitrator." Id. 3. Complaint: Another category of public personnel data that can be difficult to interpret is the status of any complaints or charges against the employee, whether or not the complaint or char e resulted in disciplinary action. It is important to understand that hethe here is ci a complaint against an employee in public ut t e nature of the complaint is private until there is a final disposition. 4. Identity of sexual harassment complainant: A particularly difficult situation arises when an employee is the subject of a disciplinary action based on sexual harassment charges and, naturally, wants to know the identity of the complainant. The legislature makes such data non \ ubp Iic_ ata (i.e., not accessible to the employee without a court order) / if the district determines that it would "threaten the personal safety of, t e j , ' or "subject the complainant to harassment." Minn. Stat. § 13.43, subd. 8. F. Educational data is presumed to be private, but with certain statutory exceptions can be public, private or confidential: Educational data means "data on individuals maintained by a public educational agency or institution or by a person acting for the agency which relates to a student" with student defined as "an individual currently or formerly enrolled or registered . . . at a public educational agency or institution." Minn. Stat. § 13.32, subd. 1. Included in"the category of educational data"is: student health data and pupil census data. § 13.32 subd. 2. Also included in the definition of educational data is a student's allegations of sexual harassment against a district employee. All educational data is private data on individuals except for "directory data" which includes the student's name, address, date and place of birth, major field of study, participation in officially recognized activities and sports, dates of attendance, degrees and awards and the most recent previous school the student attended. Minn. Stat. § 13.32, subd. 5 referencing 20 U.S.C. § 1232(g)(5)(a). All other data is private and accessible only as follows: 5 1. Parents can access all educational data on their minor students. § 13.02, subd. 8. 2. Students can access all educational data as set forth above regarding the method by which an individual can obtain access to private data. 3. Third parties can only access educational data by court-order or in federal health and safety emergencies or to health authorities to administer immunization programs or epidemiologic investigation. § 13.32, subd. 4. 4. Parental access to educational records for a child with a disability have been recently addressed by the Legislature: Education Records; Child With a Disability. Nothing in this chapter shall be construed as limiting the frequency of inspection of the educational records of a child with a disability by the child's parent or guardian or by the child upon the child reaching the age of majority. An agency or institution may not charge a fee to search for or to retrieve the educational records. An agency or institution that receives a request for copies of the educational records of a child with a disability may charge a fee that reflects the costs of reproducing the records except when to do so would impair the ability of the child's parent or guardian, or the child who has reached the age of majority, to exercise their right to inspect and review those records. Minn. Stat. § 13.04, subd. 5 (1994). This session the Legislature also clarified that a school official receiving data on juveniles from juvenile court can use the records as follows: - tfi Uses of Data. School officials who receive data on J �QH� juveniles, as authorized under § 260.161, may use and v a share that data within the school district or educational entity as necessary to protect persons and property or to address the educational and other needs of students. Minn. Stat. § 13.32, subd. 7 (1994). G. Penalties for violation of the MGDPA: Pursuant to Minn. Stat. § 13.08-.09, the MGDPA's enforcement mechanisms include: 6 1. Civil remedies; i.e., a private lawsuit for damages, injunctive relief, attorneys' fees and costs. 2. Penalties: misdemeanor prosecution for a person willfully violating the law, suspension without pay or termination, and civil penalties against the district. 3. A school district that has sought and complied with an opinion of the Commissioner of Administration is not subject to penalties or fees. M. A REVIEW OF THE BASIC ELEMENTS OF THE OPEN MEETING LAW. A. The Presumption of Openness: The fundamental rule is that any meeting of a quorum of the members of a school district for purposes of discussing public business is open to the public. The legislature has recently characterized this as a "Presumption of Openness": Except as otherwise expressly provided by statute, all meetings, including executive sessions, of any state agency, board, commission or department when required or permitted by law to transact public business in a meeting, and the governing body of any school district however organized, unorganized territory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commission thereof, shall be open to the public, except meetings of the commissioner of corrections. Minn. Stat. § 471.705, subd. 1. Votes of a school board member must be recorded in a journal available to the public. The courts have made clear that there will be no tolerance for any attempt to circumvent the open meeting law Q byE2.122. or serial "telephone" meetings or other attempts to reach a concensus outside of a public neeting. See Moberg v. Indep. Sch._DistNo, X81 336 N.W.2d 510 (Minn. 1983., Also, the courts will apply the law to D school board subcommittees with delegated authority. See Sovereign v. Dunn, 498 N.W.2d 62 (Minn. Ct. App. 1993). Nor will the court tolerate "executive 1i64 sessions" of a Board that do not fall clearly under one of the limited ( U{ exemptions to the Open Meeting Law. See Op. Atty. Gen. 63-A-5, June 13, 5 1957. Whenever a group consensus on public matters is or could be reached, t the process should be in a meeting open to the public. See Moberg,supra, 336 IVt N.W.2d 510; St. Cloud Newspapers v. District 742 Community Schools, 332 Alk 'a N.W.2d 1 (Minn. 1983). When in doubt, err on the side of a properly noticed SWI meeting open to the public. it MaW' B. Exceptions: The Open Meeting Law recognizes certain exceptions by which a meeting of a quorum of the members of a school district for purposes of vAct k, 1r VW'ikdiuictdor a Rana ' Not ao atsoAciAkavto Primo' Gwt Mkt NtheA 140,0- IV wot d fsucssispe - w k5, taiNktok Co V-vs`L r V•Pi $� I discussing public business is closed to the public. Some exceptions are mandatory, others are optional: Closed Board Meeting IMandatory I Optional t , ( f l i I I Victim Active Educational, Prelimi- Attorney- Personnel Labor Data Inves- Health, nary Client Evalua- Negotia- Dis- tigation Medical or Consi- tions tions cussed Data Mental deration of Dis- Health Data Allegations cussed Discussed This is a key point at which the MGDPA influences the Open Meeting Law. The mandatory closed meetings are due to discussions of certain types of non- public data. However, only certain types of non-public data will close a public meeting. 1. Optional Closing - Labor Negotiations Strategy Sessions: The Open Meeting Law allows a school board to vote to close a labor negotiation strategy session if the meeting is noticed and the time of the closed meeting and location are announced. Minn.Stat. § 471.705,subd. 1(a). A written roof Ake naPrnEIL,trg prem+ mutt h.. kept and the m tasl, Ic. The tapes must be preserved two years and available to the public "after all contracts are signed by the governing body for the current budget period." Id. A court can review the tape of the meeting is challenged as including a closed discussion of public business other than labor negotiations. Id. 2. Optional Closing - Attorney-Client Privileged Discussions. When f . consulting with its attorney to discuss actual or threatened litigation, the school board may close a meeting. Minn. Stat. § 471.705, subd. ld(e). This does not include "general legal advice" and should be invoked "cautiously." See Minneapolis Star and Tribune Co. v. Minneapolis HRA, 251 N.W.2d 620 (Minn. 1976). Of course, the attorne must be preset the closed meeting and the discussion cannot mc u e issues outside of the threatened litigation. As a rule, the attorney seeking to close the meeting should have written evidencq of threatgned litig,atinn, such as a demand letter from opposing counsel. 1lave h�7/'IC t5 SeKd tc r 1 0 k ' . tl S,\\:\..7 8 144 c ‘s � carovYe0N. ,„- A. 3. Optional Closing - Performance Evaluations: The Board can close a meeting to perform an employee performance evaluation on the following conditions: The public body shall identify the individual to evaluated prior to closing the meeting. At its next meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is subject of the meeting. Minn. Stat. § 471.705, subd. ld. 4. Mandatory Closing - Discuss if Certain Types o' ' 'vate Da on Individuals: The Open Meeting Law requires that a pu• 'c meeting be closed when its business requires discussion of the following specific types of private data on individuals: a. "[D]ata that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults;" or b. "[A]ctive investigative data . . . or internal affairs data relating to allegations of law enforcement personnel misconduct . . .;"or c. "[E]ducational data, health data, medical data, welfare data, or mental health data that are not public . . ." Id. 5. Mandatory Closing - Preliminary Considerations of Allegations: Unless the employee or student demands otherwise, initial meetings to consider allegations or charges against employees and students must be closed, but if discipline is warranted, further meetings are open: A public body s all clos one or gaDi meetings for �� preliminary consideration of allegations or chargs t �$k against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations,further meetings or hearings relating to those specific charges or alle ations held after that conclusion isTEnfied ust be o A meeting must also be open at the request thp indiuidual who is the subject of the aie meeting. Minn. Stat. § 471.705, subd. 1(c). . 9 6. Other meeting closures authorized by law: The Open Meeting Law recognizes that a public meeting shall be closed by operation of another statute. In the school board context, this includes: a. Teacher termination hearing under Minn. Stat. §§ 125.12 and 125.17, unless the teacher demands that the meeting be open. b. Pupil expulsion or exclusion hearings under Minn. Stat. § 127.31, subd. 5, unless the student demands that it be open. c. However, all negotiation sessions, mediation sessions and hearings between district and its employees or representatives are open unless otherwise provided by the Commissioner of the Bureau of Mediation Services. Minn. Stat. § 179A.14. 7. Meetings involving the Discussion of Private Personnel Data: This topic has been subject to conflicting judicial interpretations and legislative amendments over the years. Since it concerns the conflicting principles of the public's right to openness in government with the individual's reasonable expectation of privacy, there will never be an easy, clear solution. Initially, the issue was not explicitly addressed in either statute and the courts ruled that the Open Meeting Law's requirement of openness in government prevailed over the employee's right of privacy. See Itasca County v. Olson, 372 N.W.2d 804 (Minn. App. 1985). Then the State Supreme Court ruled that the individual's right to keep private data private prevailed and any meeting that involved a discussion of private personnel data must be closed. See Annandale Advocate v. City of Annandale, 435 N.W.2d (Minn. 1989). Finally, the state legislature amended the Open Meeting Law to require that but that public bodies do so only for good reason and without malice: Meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter i . within the scope o the public hndy'c nilthnrity.aadjS r asonably necessary to candurt the hnsinPcs nr sgragla item before thepublic body. Data discussed at an open memg retains the data's original classification;however, a record of the meeting, regardless of form, shall be public. Minn. Stat. § 471.705, subd. ld. Hardly a comfortable situation, but it is the current rule. Note that the 1994 legislature dropped the requirement that 10 M1 'During the open meeting, a public body shall make reasonable efforts to protect from disclosure data that are not public, including where practicable acting by means of reference to a letter, member, or other designation that does not reveal the identity of the data subject." That is, Board members no longer have to speak in code. The 1994 legislature also amended the MGDPA to confirm that "no public data may be discussed at a meeting open to the public to the extent provided in [the Open Meeting Law]." 1994 Minn. Laws Ch. 618, Art. 1 (adding Minn. Stat. § 13.03, subd. 11). C. Method of Closing a Meetin : "Before clo ' a meeting, a public body shall CIoswu. state on the record the s ecific ound 'tting the meeting to be closed S h cal and describe the subject to be discussed." Minn. Stat. 471.705, subd. le. It is important to note that the Open Meeting Law's otice equirements for Public meetin apply to a closed public meeting ,. l. Section 471.705, ,�,.--LL subd. 1(e). s includes the notice provisions for regular, special and 'tq u, emergency meetings. cl of . D. Materials Used in an Open Meeting: At least one copy of all printed materials relating to the agenda items to be reviewed at a public meeting must be available to the public. Minn. Stat. § 471.705, subd. 1(b). The copy must be available while the public body considers the agenda item. Id However, confidential data and private data on individuals do not need to be provided • and should not be. Id N... Penalties for violation of the Open Meeting Law: Penalties for violating the Open Meeting Law are directed at the individual public official up to and including forfeiture of office. Minn. Stat. § 471.705, subd. 2. In particular, there are civil penalties, provisions for private actions (typically media suits) and forfeiture of office: Any person who intentionally violates this section shall be subject to personal liability in the form of a civil penalty in an amount not to exceed WO.r a single occurrence, which may not be paid by the pu•lic body. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. If a person has been found to have intentionally violated this section in three or more actions brought under this section involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. The court determining the merits of any action in connection with any alleged third violation shall receive competent,relevant evidence in connection therewith and,upon 11 r finding as to the occurrence of a separate third violation, unrelated to the previous violations issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. Minn. Stat. § 471.705, subd. 2(e). And a person bringing an enforcement action may recover fees and costs: In addition to other remedies, the court may award reasonable costs disbursements, and reasonable attorney fees of up to 06WPIC 3,000 i• any party in anaction under this section. The court ay award costs and attorney fees to a defendant only if the court finds that the action under this section was frivolous and cCIS without merit. A public body may pay any costs,disbursements, or attorney fees incurred by or awarded against any of its members in an action under this section. Minn. Stat. § 471.705, subd. 2(b). However, the law requires evidence of is in ' to violate the O.en Meeting Law before penalties or fees can •e aware e•: No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this section. IV. COMMON QUESTIONS A. Is a letter of deficiency public? A letter of deficiency is private data on an individual,but a letter of reprimand with a suspension is public if it is the final disciplinary action to be taken. B. Is a settlement agreement public? Yes, as a final disciplinary action and no language regarding "confidentiality" affects this. C. Can a superintendent privately communicate directly with one or more Board members about agenda items? Yes, one to one communication is allowable because it is not a "meeting" of one or more Board members and there is no quorum. D. Is an action taken in violation of the Open Meeting Law invalid? No,the civil penalties and criminal penalties provided for by the statutes are the only consequences. 12 ti E. Are grievance hearings closed? No. F. When are closed meeting taped? Not all closed meetings need to be taped. However, the law is very specific regarding the taping of closed labor negotiation sessions. G. Who responds to a media demand for information? The Board should appoint one person to make all responses to the media to avoid confusion and violation of either law. H. What to do when you are uncertain of an MGDPA or Open Meeting Law issue? Consult the MSBA manual and/or your District's attorney. In particularly thorny situations, the District can request a written opinion from the Commissioner of Administration. Minn. Stat. § 13.072. 13