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HomeMy WebLinkAbout02-25-21 CITY OF Meeting Location: FARMINGTONFarmington City Hall _-�■■�` 430 Third Street Farmington, MN 55024 ECONOMIC DEVELOPMENT AUTHORITY REGULAR MEETING AGENDA February 25, 2021 6:00 PM Hannah Simmons, Chair; Steve Wilson, Vice-Chair Katie Bernhjelm, Ryan Butterfield, Jake Cordes, Robyn Craig Stephen Hudlemeyer 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVE AGENDA S. CITIZENS COMMENTS 6. CONSENTAGENDA (a) Approve Meeting Minutes (January 28, 2021, Regular Meeting) (b) Monthly Financial Statements 7. PUBLIC HEARINGS 8. DISCUSSION ITEMS (a) Annual Organizational Items (b) City Council Update/Member Roundtable 9. DIRECTOR'S REPORT (a) February Director's Report 10. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 III�I�� O Farmington MN,gov TO: Economic Development Authority FROM: Cynthia Muller, Administrative Assistant SUBJECT: Approve Meeting Minutes (January 28, 2021, Regular Meeting) DATE: February 25, 2021 INTRODUCTION/DISCUSSION Please find attached the draft meeting minutes from the January 28, 2021, EDA meeting. ACTION REQUESTED Approve the January 28, 2021, EDA minutes. ATTACHMENTS: Type Description D Exhibit Minutes MINUTES ECONOMIC DEVELOPMENT AUTHORITY Regular Meeting January 28, 2021 1. CALL TO ORDER The meeting was called to order by Chair Simmons at 6:00 p.m. Members Present: Simmons, Bernhjelm, Butterfield, Hoyt, Hudlemeyer Members Absent: None Also Present: Adam Kienberger, Community Development Director 2. PLEDGE OFALLEGL4NCE 3. ROLL CALL 4. APPROVE AGENDA Member Butterfield noted in December they discussed starting to work on goals for the strategic plan. He expected to see 2021 goal planning on the agenda. Chair Simmons was hoping for the same. Staff noted the new City Council just had their goal setting session. Councilmembers can provide information on that under item 8b. MOTION by Butterfield, second by Hoyt to approve the Agenda. APIF,MOTION CARRIED. 5. CITIZEN COMMENTS/PRESENTATIONS 6. CONSENTAGENDA MOTION by Bernhjelm, second by Hudlemeyer to approve the Consent Agenda as follows: a) Approved Meeting Minutes (December 17, 2020, Regular Meeting) b) Received Monthly Financial Statements APIF, MOTION CARRIED. 7. PUBLIC HEARINGS 8. DISCUSSION ITEMS a) Approve Redevelopment and Property Reinvestment Program Application 3282 22011 Street W This is the first application for the new Redevelopment and Property Reinvestment Program. Mr. Kurt Orndorff, DGKC Properties LLC (Summit Landscape) has submitted an application for his property at 3282 2201' Street W. The project improvements include installation of sewer and water and building a restroom and installing amenities. The total project cost is $18,007.43 and the grant request amount is $9,003.72. Councilmember Bernhjelm hoped the applicant would attend. The intent of the grant program is to improve a business for growth or help it sell. How does this impact the business? Staff noted the application meets the requirement of the program. The guidelines talk about code improvements, code violations, ADA access issues, fix deterioration of buildings, electrical work,plumbing, etc. It EDA Minutes(Regular) January 28,2021 Page 2 moves the property into a code that requires them to hook up to sewer and water. It keeps the property sustainable and removes a burden. Member Butterfield asked why not the full grant amount of$10,000. Staff noted the project cost is $18,000 and the grant requires a 1:1 match. Member Butterfield noted this will allow him to grow his business and it follows the intent of the program. Member Hudlemeyer agreed it meets the guidelines and furthers the growth and development in the business park. Mayor Hoyt stated regarding the use of the program, he expected future applications may fall into the current verbiage. It's a nuts and bolts type of project. He asked if the sewer and water hook up charges have been verified. He noticed there will be an electric water heater and that will require a permit. Staff noted the building official has worked with Mr. Orndorff for the connection charges. Upon payment request there is a final inspection to close out permits. Mayor Hoyt suspected with the fire inspections being done on businesses,there may be more of these applications. Chair Simmons encouraged the importance of telling our story. She would like to see that for this program as well with before and after pictures. She appreciated the way the program was written. With the potential increase in applications, it would be helpful as part of our goals, if we have limited funds,to determine what the most important properties might be. Staff recalled the EDA had a similar discussion with the fagade program. We made updates to the program, then the next round we left the guidelines as is. Regarding fire inspections, this application came up through a building inspection and he asked about the program. Regarding tracking the progress, Councilmembers can give an update under 8b. Member Butterfield wanted to discuss aiming funds to commercial/industrial to increase property value and investment in businesses. We were thinking grand projects, but this is what we will see which fits the program. Mayor Hoyt stated the program as $20,000. A project comes down to funding. Business owners don't know what the future will bring. The thing to think about is, is there a more effective use of timing? Are the funds used as effectively as they can be? Member Butterfield stated we find projects come in early in the year and take a lot of the budget. Then we wonder what will be left. Maybe we need to consider how to even the pool. MOTION by Butterfield, second by Hoyt to approve the Redevelopment and Property Reinvestment Program application and contract for 3282 200`' Street W. APIF,MOTION CARRIED. EDA Minutes(Regular) January 28,2021 Page 3 b) City Council Update/Member Roundtable Councilmember Bernhjelm gave a City Council update. There are three new councilmembers. They have appointed members to boards and commissions. Regarding the EDA, Councilmember Wilson resigned his EDA seat,Robyn Craig is no longer on the City Council or EDA so Mayor Hoyt took her place on the EDA. Chair Simmons will stay on the EDA as a resident. We have changed the school board seat to a resident seat on the EDA. We will have two new EDA members next month to complete the remainder of Steve Wilson's term(one year) and to fill the vacant resident seat which is a six-year term. The City Council has set three priorities for 2021-2022—business growth, community engagement and infrastructure support. The EDA will play a role in business growth. We want to have touch points with every business in 2021. We need to decide the role and expectations of the EDA. We want to meet with land owners. We are thinking about developing a business CEO. Member Butterfield asked regarding business growth, if the EDA will have input. Councilmember Bernhjelm replied yes. The City Council will finalize over arching priorities when we bring in the two new members. We haven't had intentional goals around business growth. Mayor Hoyt noted it has been a busy three months and very productive. The thing about development is we see results of our work three to six months later. We need to emphasize us having to tell our story. We need to be our best advocate. Councilmember Bernhjelm added regarding telling our story,that falls under community engagement. We need to lean on all boards and commissions to champion positive engagement with the community. Member Hudlemeyer noted this excitement is contagious. He works with infrastructure and you don't see the work, but it is there. Chair Simmons agreed this is good energy and momentum. She asked if Council will advocate for joint meetings. Regarding community engagement, as we develop strategies we don't want to miss what is in front of us now. If we have another application, should we expect someone will do this? Staff replied yes and we will continue to plan with the strategies in place. Councilmember Bernhjelm asked if through social media can we recap projects that were done last year. Staff will look into that. We have the State of the City in April and will look at it for that. Councilmember Bernhjelm would like to get something out within the next month. Staff noted this is the time of year we publicize programs. It is usually a targeted mailing. We can broadcast some of our programs to a wider audience. Mayor Hoyt stated it is the little things that can make people ask questions. Celebrating our wins will help tell our story. Chair Simmons suggested one page on the EDA website or in the Currents about what the EDA did during the year. Member Butterfield stated with the three priorities and community outreach,the community is bigger than Farmington; it's the metro area. We need to tell our story outside the community to pull in economic growth. Councilmember EDA Minutes(Regular) January 28,2021 Page 4 Bernhjelm noted one goal under community engagement was councilmembers getting more involved in regional boards. Chair Simmons asked Mayor Hoyt and Councilmember Bernhjelm what they would like to see for the February meeting. We do have the organizational matters at that meeting. Councilmember Bernhjelm stated depending on Council's final priorities by then,we should talk through how the EDA fits in the priorities. We have a goal for meeting with every business in 2021. Maybe the EDA makes a recommendation on how to tackle that. If we want to engage a business in a future project,we have to have a connection. Staff stated in February we have the organizational items,two new members and have to set goals the EDA can put into priorities. We could revisit the wayfinding sign project. In March the Chamber representative is coming to the EDA meeting and we have the financial review with the Finance Director to understand our capabilities. Member Bernhjelm asked if the wayfinding sign project was parked because funding was not there? Was it put in with the sidewalk project? Staff recalled in December we removed the EDA sign, and presented a draft wayfinding sign plan within a reasonable budget, but the timing was not right. As soon as we get a decision made, we could do it in the summer. Let's not pass on a small investment waiting for the sidewalk project. Chair Simmons stated the goal is to start the year with tangible goals and wrap up the end of the year. We tend to set items the first of the year,then in April decide on a project,then it tapers off. Does Council do something different and perhaps think of March as the beginning of the year? Councilmember Bernhjelm stated we are transitioning as a Council. The new year as an EDA starts in February. The City Council plans their budget in the summer. We bring items from the EDA to Council in April and May. We have six months to execute programs and wrap up the end of the year. We are looking at goals as a two-year plan. Chair Simmons asked if we could have the finance presentation in February and set goals in March. Staff stated in our order of operation last year we designated March as a finance update. It can be an in-depth discussion. February new members are appointed. We have to be cautious about putting all that into a single meeting to allow time for discussion. Chair Simmons asked what about getting information in February and not make any decisions then. In March we would have an idea for a policy discussion. Mayor Hoyt stated we could do boards and commissions interviews in December, but we have a new Council in January. It feels like we are behind this year already because we had two sessions for interviews. In February we could take the organizational matters earlier in the month,then have a second meeting in February for goals. He asked if staff has an outline of meetings for every month. Member Hudlemeyer noted finance is a unique, heavy discussion meeting. We could have a finance workshop,then move beyond it in our meetings. Staff stated parts of the year are planned. We leave room to plan and review applications. We don't want to over plan. Having the finance update in March gives the EDA time to get a financial grasp on what we have and want to do based on Council's EDA Minutes(Regular) January 28,2021 Page 5 budget. We bring a recommendation to Council. Two meetings can be designated per month. It will take time to develop a strategic plan. We will have two or three joint meetings with the City Council. Chair Simmons asked if the joint meetings will be just EDA and Council or EDA/Planning Commission/ Council. Member Bernhjelm noted it would be more important to have EDA and Council meetings. Mayor Hoyt stated if we need more time at meetings or more meetings to create efficiencies, he doesn't want to put in time limits. He would rather have productive 1.5 hour meetings than three, 45 minute non-productive meetings. If we are not doing anything with the wayfinding signs,then let's not spend time on it. Chair Simmons supported having more meetings to get work done. Member Hudlemeyer agreed. 9. DIRECTOR'S REPORT a) January Director's Report Dakota County has released round 4 of a small business relief program for grants up to $15,000. It will be open January 21 —February 12. It is meant to catch those businesses that were overlooked or need more assistance. The EDA was given the Open To Business year end report and the Dakota County CDA foreclosure report. The next meeting is February 25. All boards and commissions hold their organizational meetings in February as that is when terms start. Staff has seen a large surge in residential development. There is a plat going to the City Council meeting for hundreds of new single-family homes. Chair Simmons asked staff to follow up on the Open to Business report showing a higher percent of no data reported. Applicants must be a Dakota County resident to use the program. Staff stated there are advisors in other counties so there could be inquiries from them. 10. ADJOURN MOTION by Hoyt, second by Bernhjelm to adjourn at 7:26 p.m. APIF, MOTION CARRIED. Respectfully submitted, C wtktcl MutUer Cynthia Muller Administrative Assistant CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 v� O Farmington MN.gov TO: Economic Development Authority FROM: Adam Kienberger, Community Development Director SUBJECT: Monthly Financial Statements DATE: February 25, 2021 INTRODUCTION/DISCUSSION Please find attached the monthly financial statements of the EDA. ACTION REQUESTED Acknowledge the monthly financial statements and ask any questions you may have. ATTACHMENTS: Type Description D Exhibit EDA-Actual Vs Budgeted Rev and Exp- February 2021 D Exhibit Financial Snapshot- February EDA Actual vs Budgeted 2021 Object January February March April May June July August September October November December Dec YTD Dec YTD Dec YTD Actual Account Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Budget Budget Variance 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 2021 Intergovernmental 0 0 0_ 0 0 0 0 0 0 0 0 0 _ 0_ 0 Investment Income 256 0 0 0 0 0 0 0 0 0 0 0 256 2,100 (1,844) Misc Revenue 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Revenues 256 0 0 0 0 0 0 0 0 0 0 0 256 2,100 (1,844) Personnel Services 10,232 6,442 0 0 0 0 0 0 0 0 0 0 16,674 159,003 (142,329) Supplies 29 0 0 0 0 0 0 0 0 0 0 0 29 0 29 6401 -PROFESSIONAL SERVICE 1,695 0 0 0 0 0 0 0 0 0 0 0 1,695 11,650 (9,955) 6403-LEGAL 0 0 0 0 0 0 0 0 0 0 0 0 0 2,000 (2,000) 6404-IT SERVICES 789 0 0 0 0 0 0 0 0 0 0 0 789 9,472 (8,683) 6422-ELECTRIC 14 0 0 0 0 0 0 0 0 0 0 0 14 300 (286) 6426-INSURANCE 11 0 0 0 0 0 0 0 0 0 0 0 11 130 (119) 6450-OUTSIDE PRINTING 0 0 0 0 0 0 0 0 0 0 0 0 0 500 (500) 6460-SUBSCRIPTIONS&DUES 1,050 0 0 0 0 0 0 0 0 0 0 0 1,050 2,000 (950) 6470-TRAINING&SUBSISTANC 0 0 0 0 0 0 0 0 0 0 0 0 0 3,500 (3,500) 6485-MILEAGE REIMBURSEME 0 0 0 0 0 0 0 0 0 0 0 0 0 400 (400) 6492-ADVERTISING 0 0 0 0 0 0 0 0 0 0 0 0 0 2,500 (2,500) 6570-PROGRAMMING EXPENS 0 0 0 0 0 0 0 0 0 0 0 0 0 8,000 (8,000) Services and Charges 3,559 0 0 0 0 0 0 0 0 0 0 0 3,559 40,452 (36,893) Total Exp 13,820 6,442 0 0 0 0 0 0 0 0 0 0 20,262 199,455 (179,193) Transfers In 3,333 0 0 0 0 0 0 0 0 0 0 0 3,333 40,000 (36,667) Transfers Out 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other Financing Sources 3,333 0 0 0 0 0 0 0 0 0 0 0 3,333 40,000 (36,667) Net Change in Fund Balance (10,231) (6,442) 0 0 0 0 0 0 0 0 0 0 (16,673) (157,355) 140,682 Page 1 of 1 Department Actual vs Budget-Generic Time Period Business Object Account Cumulative 12 Cumulative 12 Unit Account Description Actual Budget 2021 2021 2000-HRA/ECONOMIC DEVELOPME 1010 CASH 185,751.93 2000-HRA/ECONOMIC DEVELOPME 1010 CASH-LGA ASSMNT RELIEF 35,000.00 2000-HRA/ECONOMIC DEVELOPME 1305 ACCOUNTS RECEIVABLE 54,202.17 2000-HRA/ECONOMIC DEVELOPME 3510 UNRESERVED FUND BALANCE -293,223.81 2000-HRA/ECONOMIC DEVELOPME 4955 INTEREST ON INVESTMENTS -255.70 -2,100.00 2000-HRA/ECONOMIC DEVELOPME 5205 OPERATING TRANSFERS -3,333.33 -40,000.00 2000-HRA/ECONOMIC DEVELOPME 5360 REFUNDS&REIMBRSMNT-DBB 0.00' -180,474.00 2000-HRA/ECONOMIC DEVELOPME 6110 FULL TIME SALARIES 12,644.30 129,430.00 2000-HRA/ECONOMIC DEVELOPME 6152 FICAIMEDICARE 927.30 10,030.00 2000-HRA/ECONOMIC DEVELOPME 6154 PERA 948.33' 9,707.00 2000-HRA/ECONOMIC DEVELOPME 6158 EMPLOYEE BENEFITS 2,124.991 9,046.00• 2000-HRA/ECONOMIC DEVELOPME 6159 WORKERS COMP 29.27' 790.00! 2000-HRA/ECONOMIC DEVELOPME 6220 EQUP SUPPLIES&PARTS-DBB 29.04' 2000-HRA/ECONOMIC DEVELOPME 6401 PROFESSIONAL SERVICES 1,695.00 11,650.00 2000-HRA/ECONOMIC DEVELOPME 6403 LEGAL 0.00' 2,000.00 2000-HRA/ECONOMIC DEVELOPME 6404 IT SERVICES 789.33 9,472.00 2000-HRA/ECONOMIC DEVELOPME 6412 CELLULAR SERVICES-DBB 41.45' 540.00 2000-HRA/ECONOMIC DEVELOPME 6422 ELECTRIC 13.86 300.00 2000-HRA/ECONOMIC DEVELOPME 6426 INSURANCE 10.83 130.00 2000-HRA/ECONOMIC DEVELOPME 6450 OUTSIDE PRINTING 0.00' 500.00 2000-HRA/ECONOMIC DEVELOPME 6460 MEMBER DUES&LICENSURE 1,050.00 2,000.00 2000-HRA/ECONOMIC DEVELOPME 6460 MEMBER DUES&LICENSURE 1,526.00: 2000-HRA/ECONOMIC DEVELOPME 6470 TRAINING&SUBSISTANCE 0.00' 3,500.00: 2000-HRA/ECONOMIC DEVELOPME 6470 TRAINING&SUBSISTANCE-DBB 0.00' 5,000.00 2000-HRA/ECONOMIC DEVELOPME 6485 MILEAGE REIMBURSEMENT 0.00 400.00 2000-HRA/ECONOMIC DEVELOPME 6492 ADVERTISING 0.00 2,500.00 2000-HRA/ECONOMIC DEVELOPME 6505 EQUIPMENT REPAIR/MAINT-DBB 29.04 195.00; 2000-HRA/ECONOMIC DEVELOPME 6570 PROGRAMMING EXPENSE 0.00 8,000.00' Total 2000-HRA/ECONOMIC DEVELOPM 0.00 17,384.00' 0.00 -17,384.00 - 0.00' -17,384.00 2/22/2021 12:41:12 PM Page 1 of 1 CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 �IIIII�� O Farmington MN.gov TO: Economic Development Authority FROM: Adam Kienberger, Community Development Director SUBJECT: Annual Organizational Items DATE: February 25, 2021 INTRODUCTION/DISCUSSION Attached are the proposed 2021 Economic Development Authority(EDA) By-Laws. Section 1, subdivision 3 of the by-laws requires direction from the EDA regarding the following: a. Election of Officers The EDA By-Laws provides that each year,the EDA shall choose a Chairperson and Vice- Chairperson. A Secretary and Treasurer must also be appointed which typically is assigned to the Executive Director, as neither needs to be a commissioner. I n 2020 Hannah Simmons served as Chair and Member Wilson served as Vice-Chair. b. Meeting Schedule The EDA shall establish a meeting schedule for the year. Attached is the City's Board and Commission meeting calendar which identifies the date of each EDA meeting. EDA meetings are held the fourth Thursday of each month at 6:00 p.m. Normally, if a meeting falls on a holiday,the meeting is held the following Thursday. I n 2021,Thanksgiving and the Christmas holiday fall on the fourth Thursday. Therefore,the November and December 2021 EDA meeting will be held on the third Thursday of November and December. EDA members should confirm that this meeting schedule works for all members. C. Acknowledge Official Newspaper The EDA shall acknowledge City Council's designation of the official newspaper. For 2021 the official newspaper is the Dakota County Tribune. Please provide action for the above listed items. A copy of the current by-laws is enclosed. ACTION REQUESTED Approve by separate motions the 2021 Economic Development Authority by-laws, elect officers, approve the 2021 EDA meeting schedule, and acknowledge the City Council's designation of the official newspaper. ATTACHMENTS: Type Description D Exhibit EDA By-laws D Exhibit Meetings Calendar ❑ Exhibit LMC Open Meeting Law 2021 ECONOMIC DEVELOPMENT AUTHORITY BY-LAWS 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 Economic Development Authority shall be held on the fourth (4th) Thursday of each month at 6:00 p.m. Any regular meeting falling upon a holiday shall be held on the fig-previous Thursday at the same time and place. All meetings, including special and adjourned meetings, shall be held in the City Hall unless otherwise designated. SUBD. 2—Special meetings of the Authority may be called by the Chairperson or in written form by any other two (2)members of the Authority, filed with the Executive Director. The Executive Director may also call a special meeting. At least three (3) days before the meeting, the Executive Director shall notify each member of the time,place and purpose of the meeting by causing written notice thereof to be delivered to him/her by e-mail. At least three(3)days prior to the meeting,the Executive Director shall also post notice of the meeting and if applicable, notify each person who has filed an applicable written request for notice, or may, if necessary,provide such other more restricted notice, including but not limited to (as allowed by Statute, such as)M.S.471.705, subd. 1C,paragraph g, " if a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this subdivision are satisfied with respect to that person,regardless of the method of receipt of notice." Emergency meetings may be held because of circumstances that, in the judgment of the Authority require immediate attention. The notice of special meeting shall state the item(s)to be discussed and acted upon. Items not stated in the notice may be discussed, but no action may be taken if any member objects. Any special meeting attended by a majority of the Authority members shall be a valid meeting for the transaction of business that may come before the meeting. SUBD. 3—At the regular Authority meeting in February of each year, the Authority shall (1) acknowledge City Council's designation of the official newspaper; (2) establish the meeting schedule for the year; (3) choose a Chairperson and a Vice-Chairperson,who shall perform the duties of the Chairperson during the Chairpersons disability or absence, and in case of a vacancy in the office of Chairperson, and until a successor has been appointed and qualifies to fulfill the duties of Chairperson, and; (4) appoint a Secretary and Treasurer, which need not be a commissioner. SUBD. 4—All Authority meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The Authority Attorney shall advise the Authority in writing as to their interpretation of the state "Open Meeting Law" and all new members shall be provided such written interpretation. 1 Section II Presiding Officer; Rules of Order SUBD. 1 —The Chairperson shall preside at all meetings of the Authority. In the absence of the Chairperson,the Vice-Chairperson shall preside. In the absence of both,the Executive Director shall call the meeting to order and shall preside until the Authority 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 Authority shall be conducted in accordance with the following rules of order: A. A motion must be seconded before being considered by the Authority and the presiding officer must recognize mover, as well as the seconder. B. Any motion may be withdrawn by its mover with the consent of his/her second. But a motion, once debated, cannot be withdrawn except by a majority vote of the Authority. C. A motion will not be subject to debate until it has been stated by the presiding officer and he/she has opened it to debate. D. Each member,while speaking, shall confine himself/herself to the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Authority desires to speak on any question,which affects him/her personally,he/she shall first vacate his/her chair and shall not resume his/her seat until the matter under consideration has been acted upon. He/she shall be allowed to make comments on the question as a private citizen only and while a member of the audience. F. Whenever public hearings are held,the presiding officer shall allow any member of the public,the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The presiding officer shall maintain order and may rule anyone out of order. G. 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 Authority from a ruling of the presiding officer. If the appeal is seconded,the appealing member may speak first on the reason for his/her 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. 2 Section III—Agendas SUBD. 1 —The agenda shall be prepared by the EDA Executive Director and shall be closed at noon on the Friday preceding the meeting for publication purposes. SUBD. 2—Any member may place an item on the agenda by so instructing the Executive Director. 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. SUBD. 4—The agenda add-ons are subject to approval by a majority vote of the members present and further such add-on items may be discussed, but no action may be taken if any member objects. Section IV—Order of Business SUBD. 1 —Each meeting of the Authority shall convene at the time and place appointed therefore. Authority business shall be conducted in the following order: 1) Call to Order 2) Pledge of Allegiance 3) Roll Call 4) Approve Agenda 5) Citizen Comments 6) Approve Consent Agenda a. Minutes b. Monthly Statements c. Additional Consent Agenda items 7) Public Hearings 8) Discussion Items 9) Director's Report 10)Adjourn SUBD. 2—The order of business may be varied by the presiding officer, except that all public hearings shall be held at the time specified in the notice of hearing. Section V—Minutes SUBD. 1 —Minutes of each Authority meeting shall be kept by the Executive Director or, in his/her absence,his/her designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Resolutions need not be recorded in full in the minutes if they appear in other permanent records of the Executive Director and can be accurately identified from the description given in the minutes. SUBD. 2—Minutes of each meeting shall be reduced to typewritten form. At the next regular Authority meeting, approval of the minutes shall be considered by the Authority. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is an objection,the Authority shall vote upon the addition or correction. If there are no additions or 3 corrections,the minutes shall stand approved by motion. If there is an objection,the Authority shall vote upon the addition or correction and approve the minutes by motion as amended. Section VI—Quorum and Voting SUBD. 1 —At all meetings a majority of all members shall constitute a quorum for the transaction of business. SUBD. 2—The votes of members on any question pending before the EDA shall be by voice votes. Roll call vote can be requested by any member, except for the following agenda items; approval of the agenda; approval of the consent agenda; and the adjournment. The names of those voting for and against the question shall be recorded in the minutes. If any member present does not vote,the minutes shall state: "Abstain:Name". SUBD. 3 —Except as otherwise provided by statute, a majority vote of the quorum shall prevail. Section VII—Executive Director The Authority may appoint and provide for annual performance reviews of an Executive Director. Section VIII—Suspension or Amendment of the 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 Authority after notice has been given at some preceding meeting. Section IX—Effective Date SUBD. 1 —These by-laws have been adopted by the Economic Development Authority on the 25th day of February, 2021 and become effective immediately. Attest: EDA Executive Director EDA Chairperson Date: Date: 4 City of Farmington 2021 Meetings, Holidays, Pay Days January 2021 July 2021 CITY OF S M T W T F S S M T W T F S 1 2 1 M 3 FARMINGTON 3 5 6 7 8 9 4 5 = 7 8 9 10 10X26 14016 11 12' 15 17 17 21 22 23 18 20 21 23 24 24 � 30 25 27 28 29 31 31 February 2021 August 2021 S M T W T F S S M T W T F S 2 3 4 5 6 1 3 4 5 6 7 City Holidays 7 11013 8 J100 12 . 14 14 17 18 19 20 1517 18 19 20 21 City Council 21 23 24® 27 2224 25 _ 28 28 29 30 31 .EDA March 2021 September 2021 .Parks and Rec Commission S M T W T F S S M T W T F S 2 3 4 5 6 1 2 3 4 .Planning Commission 7 8, 11 . 13 5 69 . 11 14 16 17 18 19 20 12 13 15 16 17 18 RRC Advisory Board 21 23 24 27 1921 22 25 28 29 30 31 26 28 29 3 .Water Board April 2021 October 2021 .Pay Days S M T W T F S S M T W T F S 1 2 3 1 2 4 6 7 8 ® 10 3 5 6 7 . 9 11 12 15 16 17 10 14 15 16 18 20 21 024 17 19 20 21 23 25 27 28 29 30 24 26 27 29 30 31 May 2021 November 2021 S M T W T F S S M T W T F S 1 . 2 3 4 . 6 24 5 6 8 7 8 9 10 11 12 13 913 14 15 14 16 17 ; 1$:: 20 16 18 19 20 . 22 21 23 24 25 26 27 23 25=2 6 . 28 29 28 29 30 30 31 June 2021 December 2021 S M T W T F S S M T W T F S 1 2 3 . 5 1 2 ° 4 6 10 11 12 5 W 7 8 9 10 11 13 15 16 17 19 12 13 14 15 16 11118 20 22 23 24 25 26 191 21 22 23 24 25 27 29 30 26 28 29 30 3 RELEVANT LINKS: Therefore, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between 6 p.m. and 8 p.m. Meetings are also prohibited after 6 p.m. on the day of a major political precinct caucus. II. Open meeting law See LMC information memo, Meetings of 01J,Councils, A. Purpose for more information about the open meeting law. Minn.slat.§ 13D.01.sr. The open meeting law requires that meetings of public bodies must Claud lleimpapei s.Inc.i% Dist.742 Connnunio, generally be open to the public. It serves three vital purposes: Schools,332N.W.2d 1 (Minn.1983). • Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect unproper influences. • Ensures the public's right to be informed. • Gives the public an opportunity to present its views. B. Public notice See section 1-7ypes of Public notice generally must be provided for meetings of a public body council meetings and notice regulrements.Minn.Stat, subject to the open meeting law. The notice requirements depend on the 13D.04,subd.7. type of meeting. However, if a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements under the open meeting law are satisfied regardless of the method of receipt. C. Printed materials Minn.Slat.§ 1313.0 1,subd. At least one copy of the printed materials relating to agenda items that are 6.DPO 08-015.DPO 17- 006. provided to the council at or before a meeting must also be made available DPO 13-015(noting that the for public inspection in the meeting room while the governing body open meeting law"is silent with respect to agendas,it considers the subject matter. neither requires them nor prohibits them"). Minn.Slat,§ 13D.01.subd. This requirement does not apply to materials classified by law as other 6. than public or to materials relating to the agenda items of a closed meeting. D. Groups governed by the open meeting law Minn.Slat.§ 13D.01,subd. Under the Minnesota open meeting law, all city council meetings and 1. executive sessions must be open to the public with only a few exceptions. League of Minnesota Cities Handbook for Minnesota Cities 8/3012019 Meetings,Motions,Resolutions,and Ordinances Chapter 71 Page 12 RELEVANT LINKS; Minn.Stat,§465.719,subd. The open meeting law also requires meetings of a public body or of any 9. committee, subcom inittee,board,department, or commission of a public body to be open to the public. For example,the governing bodies of local public pension plans, housing and redevelopment authorities, economic developmentt authorities, and city-created corporations are subject to the open meeting law. Southern Afinnesota The Minnesota Supreme Court has held,however, that the governing body Alrrnielpal Pourer Agency v Boyne,578 N.W.2d 362 of a municipal electric power agency is not subject to the open meeting (Minn.1998). law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. E. Gatherings governed by the open meeting law Aloberg v.hrdep.Sch.Dist. The open meeting law does not define the term"meeting."The Minnesota Aro.251,336 N.W.2d 510 (Minn.1983).St.Clond Supreme Court,however,has ruled that meetings are gatherings of a Newspapers,Inc.v.Dist.712 quorum or more members of the governing body—or a quorum of a Contnnariq,Schools,332 N.W.2d 1(Minn.1983), committee, subcommittee,board,department,or commission thereof—at which members discuss, decide,or receive information as a group on issues relating to the official business of that governing body. Minn.stat.§412.191,subd. For most public bodies, including statutory cities, a majority of its 1. Minn.Stat.§645.08(5). qualified members constitutes a quorum. Charter cities may provide that a different number of members of the council constitutes a quorum. See Section 11-0.4 for more The open meeting law does not generally apply in situations where less information about serial meetings, than a quorum of the council is involved. However, serial meetings, in groups of less than a quorum,that are held to avoid the requirements of the open meeting law may be found to violate the law, depending on the specific facts. F. Open meeting law exceptions The open meeting law is designed to favor public access. Therefore,the few exceptions that exist are carefully limited to avoid abuse. Minn.Stat.§ 13D.05,subd. All closed meetings(except those closed under the attorney-client 1(d). privilege) must be electronically recorded at the expense of the public body. Unless otherwise provided by law,the recordings must be preserved for at least three years after the date of the meeting. Minn.Stat.§13D.01,subd. Before closing a meeting under any of the following exceptions, a city 3. council must make a statement on the record that includes the specific grounds that permit the meeting to be closed and describes the subject to be discussed. League of Minnesota Cities Handbook for Minnesota Cilies 8/30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 13 RELEVANT LINKS: DPO 14-005,DPO 13-012. The commissioner of the Minnesota Department of Administration has DPO 06-020,DPO 14-005. See The Fi-ee Press Y.Counfy advised that a member of the public body(and not its attorney) must make I qtBlue Ear-1h,t(Minn.nn.Cf.App.2004))677r1.w.2 d71( the statement on the record. The conunissioner has also advised that citing (holding that lite county's the specific statutory authority that permits the closed meeting is the statement that it%vas closing simplest way to satisfy the requirement for stating the specific grounds a meeting under the ottontey- client privilege to discuss permitting the meeting to be closed. Both the eonunissioner and the "pending litigation"did not Minnesota Court of Appeals have concluded that something more specific satisfy the requirement of describing the subject to be than a general statement is needed to satisfy the requirement of providing a discussed at the closed meeting). description of the subject to be discussed. j I Minn.Stat.§13D.04,subd. The salve notice requirements that apply to open meetings also apply to5. j closed meetings. For example, if a closed meeting takes place at a regular meeting,the notice requirements for a regular meeting apply.Likewise,if a closed meeting takes place as a special meeting or as an emergency meeting,the notice requirements for a special meeting or an emergency meeting would apply. 1. Labor negotiations Minn.Slat.§ 1313.03,subs.I The city council may, by majority vote in a public meeting,decide to hold (b). DPO 13-012, a closed meeting to consider its strategy for labor negotiations, including Minn.stat.§§ 179A.01-.25. negotiation strategies or developments or discussion of labor-negotiation proposals conducted pursuant to Minnesota Statutes sections 179A.01 to 179A.25. The council must announce the time and place of the closed meeting at the public meeting. Mimi.Stat.§I3D.03,subds. After the closed meeting, a written record of all members of the city DPO05-027. council and all other people present must be available to the public. The DPO 00-037. council must tape-record the proceedings at city expense and preserve the tape for two years after signing the contract.The tape-recording must be available to the public after all labor contracts are signed for the current budget period. Minn.Stat.§1313.03,subd. If someone claims the council conducted public business other than labor 3. negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed, and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist,the recording may be introduced at trial in its entirety, subject to any protective orders requested by either party and deemed appropriate by the court. League of Minnesota Cities Handbook for Minnesota CIOes 8/30/2019 Meetings,Motions,Resolutions,and ordinances Chapter 7 1 Page 14 i RELEVANT LINKS: 2. Not public data under the Minnesota Government Data Practices Act Minn.Stat.§1313.05,subd. The general rule is that meetings cannot be closed to discuss data that are 2. not public under the Minnesota Government Data Practices Act. A meeting must be closed,however, if certain not public data is discussed. Any portion of a meeting must be closed if expressly required by law or if any of the following types of not public data are discussed: • Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. • Active investigative data created by a law-enforcement agency, or uiternal-affairs data relating to allegations of law-enforcement personnel misconduct. • Educational, health, medical,welfare, or mental-health data that are Minn.Slat.Ji 144.291-.298. not public data. • Certain medical records. Minn.Stat.§ 13D.05,subd. A closed meeting held to discuss any of the not public data listed above 1(d). must be electronically recorded,and the recording must be preserved for at least three years after the meeting. Minn.Stat.§ 13D.05,subd. i Other not public data may be discussed at an open meeting without (b),(c). DPo 09-012. liability or penalty if the disclosure relates to a matter within the scope of the public body's authority, and it is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retains its original classification;however, a record of the meeting shall be public. 3. Misconduct allegations or charges Minn.Stat.§ 1313.05,subds. A public body must close one or more meetings for"preliminary 1(d),2(b). DPO 03-020.(Advising that consideration"of allegations or charges of misconduct against an when a meeting is closed individual subject to its authority. This type of meeting must be open at the under this exception,Minn. Stat.i 13.43,subd.2 request of the individual who is the subject of the meeting. If the public requires the government body concludes discipline of any nature may be warranted, fiirther entity to identify the individual who is being meetings or hearings relating to the specific charges or allegations that are discussed). held after that conclusion is reached must be open. This type of meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. League of Minnesota Cities Handbook for Minnesota Cities 9!30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 71 Page 15 RELEVANT LINKS: DPO 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment.The job applicant was not a city employee.The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore,he was not"an individual subject to its authority." DPO 10-001. The commissioner has also advised that a tape recording of a closed Minn.Stat.§13.43. meeting for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43,subd. 4,and is accessible to the subject of the data but not to the public, The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43,subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. 4. Performance evaluations Minn.Stat.§1313.05,subds. A public body may close a meeting to evaluate theperformance of an (d),3(a).See DPO 14-007, DPO 15-002,and DPO 16- individual who is subject to its authority. The public body must identify 002(discussing what type of the individual to be evaluated before closing the meeting. summary satisfies the open meeting law). DPO 05-013(advising that a At its next open meeting,the public body must summarize its conclusions government entity could close a meeting under this regarding the evaluation. This type of meeting must be open at the request exception to discuss its of the individual who is the subject of the meeting. If this type of meeting contract with an independent contractor when that is closed, it must be electronically recorded, and the recording must be contractor is an individual preserved for at least three years after the meeting. human being). 5. Attorney-client privilege Minn.Stat.§13D.05,subd.3 A meeting may be closed if permitted by the attorney-client privilege. (b). BeaMerd Dally Dispalch, Meetings between a government body and its attorney to discuss active or LLC v.Dehen,693 N.W.2d threatened litigation may only be closed, under the attorney-client 435(Minn.Ct.App.2005). Prior Lake American v. privilege,when a balancing of the purposes served by the attorney-client dLader,642 N.W.2d 729 privilege against those served by the open meeting law dictates the need (Minn.2002).Northwest Publications,iw.v.Ch),of for absolute confidentiality. The need for absolute confidentiality should St.Paid,435 N.W.2d 64 relate to litigation strategy and will usually arise only after the city has (Minn.Ct.App.1989). ,blbtneopolis Star&Tribune made a substantive decision on the underlying matter. This privilege may v.Housing and not be abused to suppress public observations of the decision-making Redevelopuew Authority In aedfor the Cily of process and does not include situations where the council will be receiving Minneapolis,251 N.W.2d general legal opinions and advice on the strengths and weaknesses of a 620(Minn.1976). DPO 14-005.DPO 14-017. proposed underlying action that may give rise to fitture litigation. DPO 16-003,DPO 17-003. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 16 RELEVANT LINKS: 6. Purchase or sale of real or personal .property Minn.Stal.§ 13D.05,subd.3 A public body may close a meeting to: • Deternune the asking price for real or personal property to be sold by the public body. Minn.stat.§ 13.44,subd.3. • Review confidential or protected nonpublic appraisal data. Develop or consider offers or counteroffers for the,purchase or sale of real or personal property. Minn.Stat.§1313.05,subd.3 Before holding a closed meeting under this exception,the public body (e}' must identify on the record the particular real or personal property that is the subject of the closed meeting, ntk v.Wild Rtce lValershed The closed meeting must be tape-recorded. The recording must be Dist.,No.A09-1841(Minn. Ct.App.Aug.10,20 10) preserved for eight years and must be made available to the public only (unpublished opinion) after all real or personal property discussed at the meeting has been (holding that this exception authorizes closing a meeting purchased or sold,or after the public body has abandoned the purchase or to discuss the development or sale. The real or personal property that is being discussed must be consideration of property transaction and is not limited identified on the tape.A list of members and all other persons present at to the discussion of specific the closed meeting must be made available to the public after the closed terms of advanced negotiations).DPO 0"l. meeting.The actual purchase or sale of the real or personal property must DPO 14-014• be approved at an open meeting, and the purchase or sale price is public data. 7. Security reports Minn.Stat.§1313.05,subd.3 Meetings may be closed to receive security briefings and reports,to (d), discuss issues related to security systems,to discuss emergency-response procedures, and to discuss security deficiencies in or recommendations regarding public services,infrastructure, and facilities,if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting. Before closing a meeting under this exception,the public body must,when describing the subject to be discussed,refer to the facilities, systems,procedures, services or infrastructures to be considered during the closed meeting. The closed meeting must be tape-recorded,and the recording must be preserved for at least four years. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter?I Page 17 i RELEVANT LINKS; G. Common issues 1. Interviews Channel 10,Inc.,�Indep. The Minnesota Supreme Court has ruled that a school board must Sch.Dist.No.709.215 N.W.2d 814(Minn.1974). interview prospective employees for administrative positions in open sessions, The court reasoned that the absence of a statutory exception indicated that the Legislature intended such sessions to be open. As a result, a city council should conduct any interviews of prospective officers and employees at an open meeting if a quorum or more of the council will be present. Afimkato Free Press v.City The Minnesota Court of Appeals considered a situation where individual of North Alankato,563 N.W.2d 291(Minn.Ct.App, councilmembers conducted separate,serial interviews of candidates for a 1997)• city position in one-on-one closed interviews. The district court found that no"meeting"of the council had occurred because there was never a quorum of the council present during the interviews. However,the court of appeals sent the case back to the district court for a determination of whether the councilmembers had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Alankalo 1?•ee Press v.City On remand,the district court found that the individual interviews were not ofNw7h Alankato,No.C9- 98-677(Minn.Ct.App,Dec. done to avoid the requirements of the open meeting law, This decision was 15,1998)(unpublished also appealed,and the court of appeals affirmed the district court's opinion), decision. Cities that want to use this type of interview process should first consult their city attorney. 2. Informational meetings and committees St.Cloud Netirspapers,lite.v. The Minnesota Supreme Court has held that informational seminars about Dist.742 Caunnmlty Schools,332 N.W.2d 1 school-board business, which the entire board attends, must be noticed and (Minn.1983), open to the public. As a result, it appears that any scheduled gatherings of a quorum or more of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings and work sessions where members receive information that may influence later decisions. Many city councils create committees to make recommendations regarding a specific issue, Connmonly, such a committee will be responsible for researching the issue and submitting a recommendation to the council for its approval. League of Minnesota Cities Handbook for Minnesota Chles 8/3012019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 18 s i i RELEVANT LINKS: These committees are usually advisory, and the council is still responsible DPO08-007. for making the final decision. This type of committee may be subject to DPO 13-015• the open meeting law. Some factors that may be relevantin deciding whether a committee is subject to the open meeting law include: how the committee was created and who are its members; whether the committee is performing an ongoing unction, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. DPO05-014. For example,the commissioner of the Minnesota Department of Administration has advised that "standing"committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were perfornning tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or "ad hoc" fiinction. DPO07-025. In contrast,the commissioner has advised that a city's Free Speech Working Group,consisting of citizens and city officials appointed by the city to meet to develop and review strategies for addressing flee-speech concerns relating to a political convention, was not subject to the open meeting law. The advisory opinion noted that the group did not have decision-making authority. A.G.Op.63a-5(Aug.28, It is common for city councils to appoint individual councilmembers to act 1996). Sovereign r,Dunn,498 as liaisons between the council and particular council committees or other N.w.2d 62(Minn.Ct.app. government entities. The Minnesota Court of Appeals considered a 1993). , DPO07-025. situation where the mayor and one other member of a city council attended a series of mediation sessions regarding an annexation dispute that were not open to the public. The Court of Appeals held that the open meeting law did not apply to these meetings concluding "that a gathering of public officials is not a `committee, subcommittee,board, department or commission' subject to the open meeting law unless the group is capable of exercising decision- making powers of the governing body." The Court of Appeals also noted that the capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body and could also arise where there has been a delegation of power fiom the governing body to the group. If a city is unsure whether a meeting of a committee, board,or other city entity is subject to the open meeting law, it should consult its city attorney or consider seeking an advisory opinion from.the commissioner of the Minnesota Department of Administration. I League of Minnesota Cities Handbook for Minnesota Cities 8!30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 19 i RELEVANT LINKS, 77nana v.Kroschel,506 Notice for a special meeting of the city council may be needed if a quorum 99.2d d 14(Minn.C(.App. of the council will be present at a committee meeting and will be DPO 16-005. participating in the discussion. For example, when a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law not because the councilmembers simply attended the meeting but because the councilmembers conducted public business in conjunction with that meeting. A.O.Op.63a-5(Aug.28, Based on this decision,the attorney general has advised that mere [996). attendance by councilmembers at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however,that the additional councilmembers should not participate in committee discussions or deliberations absent a separate special-meeting notice of a city council meeting. 3. Social gatherings Sr.Cloud xeuspapers,Inn.v. Social gatherings of city cotmcilmembers will not be considered a meeting Dist.742 Comntani0, Schools,332 N.W.2d l subject to the requirements of the open meeting law if there is not a (Minn.1983).,Wobergv. quorum present, or, if a quorum is present, if the quorum does not discuss, Indep.Sch.Dist.No.281, decide y 336 N.W.2d 510(Minn. ,or receive information on official cit business. The Minnesota 1983).Hubbard Supreme Court has ruled that a conversation between two city Broadcasting,Inc.v.City of 4 ton,323 N.W.2d 757 councilmembers over lunch about a land-use application did not violate (Minn.1982)• the open meeting law because a quorum of the council was not present. 4. Serial meetings ,Moberg v.hulep.Sch.Dist, The Minnesota Supreme Court has noted that meetings of less than a No.281,336 N.W.2d 510 (Minn.1983).DPo 1001 L quorum of a public body held serially to avoid a public meeting or to DPO06-017. fashion agreement on an issue of public business may violate the open meeting law. ,liankato Free Press v.00, The Minnesota Court of Appeals considered a situation where individual ofNorth d/mnkalo,563 N.W.2d 291(Minn.Ct,App. councilmembers conducted separate, serial Interviews of candidates for a 1997)• city position in one-on-one closed interviews. The district court found that no"meeting"of the council had occurred because there was never a quorum of the council present during the interviews. However,the court of appeals sent the case back to the district court for a determination of whether the councilmembers had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 20 } l RELEVANT LINKS: Alankatofiree Press v.Clq' On remand, the district court found that the individual interviews were not of Nor7h Aaankalo,No.C9- 98.677(Minn.Ct.App.Dec. done to avoid the requirements of the open meeting law. This decision was 15,1998)(unpublished also appealed,and the court of appeals affirmed the district court's opinion). decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 5. Training sessions Compare St.Claud It is not clear whether the participation of a quorum or more of the A'ewspapem,Inc.v.DIV.792 Com mmilly Schools,332 members of a city council in a training program would be defined as a N.W.2d I(Minn.1983)and meeting under the open meeting law. The determining factor would likely A.G.Op.63a-5(Feb.5, 1975).DPO 16-006. be whether the program includes a discussion of general training information or a discussion of specific matters relating to an individual city. A.G.Op.63a-5(Feb.5, The attorney general has advised that a city council's participation in a 1975).DPO 16-006. non-public training program devoted to developing skills was not a meeting subject to the open meeting law. The commissioner of the Department of Administration has likewise advised that a school board's participation in a non-public team-building session to "improve trust, relationships, communications, and collaborative problem solving among Board members,"was not a meeting subject to the open meeting law if the members are not"gathering to discuss, decide, or receive information as a group relating to `the official business' of the governing body." However, the opinion also advised that if there were to be any discussion of specific official business by the attending members, either outside or during training sessions, it could be a violation of the open meeting law, 6. Telephone, email, and social media Aloberg v.lndep.Sch.Dist. It is possible that communication through telephone calls, email, or other No.281,336 N.W.2d 510 (Minn.1983).DPO 17.005 technology could violate the open meeting law. The Minnesota Supreme (advising communication Court has indicated that communication through letters and telephone calls through a letter violated the open meeting law). could violate the open meeting law under certain circumstances. DPO 09-020.DPO 14-015. The commissioner of the Department of Administration has advised that back-and-forth email communications among a quorum of a public body that was subject to the open meeting law in which the members commented on and provided direction about official business violated the open meeting law. However,the commissioner also advised that"one-way communication between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decision-making ensues." League of Minnesota Cities Handbook for Minnesota Cities 8/30/2019 Meetings,Motions,Resolullons,and Ordinances Chapter 7 1 Page 21 RELEVANT LINKS: O'Keefe r.Carter,No.Ate- In contrast,an unpublished opinion by the Minnesota Court of Appeals 0811(Minn.Ct.App.Dec. 31.2012)(unpublislied concluded that email communications are not subject to the open meeting opinion). law because they are written communications and are not a "meeting"for purposes of the open meeting law. The decision also noted that even if email communications are subject to the open meeting law, the substance of the emails in question did not contain the type of discussion that would be required for a prohibited "meeting"to have occurred. The court of appeals noted that the substance of the email messages was not important and controversial; instead, the email communications discussed a relatively straightforward operational matter.The decision also noted that the town board members did not appear to make any decisions in their email communications. Because this decision is unpublished, it is not binding precedent on other courts. In addition, the outcome of this decision might have been different if the email communications had related to something other than operational matters,for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. Minn.stat.§13D.065. The open meeting law was amended in 2014 to provide that"the use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public."Email is not considered a type of social media under the new law. The open meeting.law does not define the term"social media,"but this terns is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn, and MySpace as well as blogs and microblogs like Twitter through which users create online communities to share information, ideas,and other content. It is important to remember that the use of social media by councilmernbers could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, councilmembers should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi-judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. See 11-G4-Serial meetings. It is also important to remember that serial discussions between less than a quorum of the council could violate the open meeting law tinder certain circumstances. League of Minnesota Cities Handbook for Minnesota Cities 8/8W2019 Meetings,Motions,Resolutlons,and ordinances Chapter 7 1 Page 22 i RELEVANT LINKS: As a result, city councils and other public bodies should take a conservative approach and should not use telephone calls, email, or other technology to communicate back and forth with other members of the public body if both of the following circumstances exist: • A quorum of the council or public body will be contacted regarding the same matter. • Official business is being discussed. Minn.Stat.§13.02,subd.7. Another thing councilmembers should be careful about is which email account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a public-records request under the Miimesota Government Data Practices Act (MGDPA). The best option would be for each councilmember to have an individual email account that the city provides,and city staff manage. However, this is not always possible for cities due to budget, size,or logistics. If councilmembers don't have a city email account,there are some things to think about before using a personal email account for city business. First,preferably only the councilmember should have access to the personal email account. Using a shared account with other family i members could lead to incorrect information being communicated from the account,or incoming information being inadvertently deleted. Also, since city emails are government data, city officials may have to separate personal emails from city emails when responding to a public-records request under the MGDPA. Second, if the account a city councilmember wants to use for city business is tied to a private employer,that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation,the private employer may be compelled to have a search done of a councilmember's email communications on the private employer's equipment or to restore files from a backup or archive. See Handbook,Records What may work best is to use a free,third-party email service, such as dlanagement,ror more information about records Gimail or Hotmail, for your city account and to avoid using that email management. account for any personal email or for anything that may constitute an official record of city business since such records must be retained in accordance with the state records-retention requirements. League of Minnesota Cities Handbook for Minnesota Cities 13/30/2019 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 23 i RELEVANT LINKS: H. Advisory opinions 1. Department of Administration Minn.Stat.§ 13.072,subd, 1 The commissioner of the Minnesota Department of Administration has (b).See Minnesota Department of authority to issue non-binding advisory opinions on certain issues related Administration,Data to the open meeting law. A $200 fee is required. The Data Practices Office Practices for an index of advisory opinions. (DPO)handles these requests. See Requesting an Open A public body, subject to the open meeting law, can request an advisory Meeting Law Advisory Opinion. opinion. A person who disagrees with the way members of a governing body perform their duties under the open meeting law can also request an advisory opinion. 2. Attorney General Minn.slat.§8.07. The Minnesota Attorney General is authorized to issue written advisory See index of Attorney General Advisory Opinions opinions to city attorneys on"questions of public importance."The from 1993 to present. Attorney General has issued several advisory opinions on the open meeting law, t. Penalties Minn.Stat.§13D.06,subd. Any person who intentionally violates the open meeting law is subject to 1. personal liability in the form of a civil penalty of tip to $300 for a single Claude v.Collins,518 occurrence. The public body may not pay the penalty. A court may N.W.2d 836(Minn.1994). consider a councilmember's time and experience in office to determine the amount of the civil penalty, Minn.Stat,§13D.06,subd. An action to enforce this penalty may be brought by any person in any O'Keefe v.Carter,No.Ail. court of competent jurisdiction where the administrative office of the 0811(Minn.Ct.App.2012) governing body is located. (unpublished opinion), In an unpublished decision, the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law. This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. Minn.slat.§ 1313.06,subd. The court may also award reasonable costs, disbursements, and attorney 4.See LMC information memo,LMCIr Uabilio, fees of up to$13,000 to any party in an action alleging a violation of the Coverage Guide,for open meeting law. The court may award costs and attorney fees to a infbmation about insurance coverage for lawsuits under defendant only if the action is found to be frivolous and without nnerit. the open meeting law. A public body may pay any costs,disbursements,or attorney fees incurred by or awarded against any of its members. League of Minnesota Cities Handbook for Minnesota Cities 8/30120ig Meetings,Motions,Resolutions,and Ordinances Chapter 71 Page 24 i t RELEVANT LINKS: 1 Minn.Mal.§ 13D.06,subd. If a party prevails in a lawsuit under the open meeting law, an award of 4. 1 reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion fiom the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is required to give deference to the advisory opinion. Minn.Stat.§ 13D.06,Subs.4 No monetary penalties or attorney fees may be awarded against a member (d).Coahrell v.Afurr ty, No. public bol a C6-95-2436(Minn.Ct.App, Of p y unless the court finds that there was intent to violate the Aug 6,1996)(unpublished open meeting law. decision).Blselh v.HfIle, No Al2-1496(Minn.Ct.App. May 13,2013)(unpublished opinion). Minn.Stat.§13D.06,subd.3 If a person is found to have intentionally violated the open meeting law in (a).Brown v.Cannon Falls nip..723 N.W.2d 31(Minn. three or more separate actions involving the same governing body, that Ct.App.2006). person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Minn.Stat.§ 13D.06,subd.3 If a court finds a separate,third violation that is unrelated to the previous M. violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case Minn.Const.art.V111,§5. of any other vacancy. Under the Minnesota Constitution,the Legislature may provide for the removal of public officials for malfeasance or Jacobsen v.Nagel 255 nonfeasance. To constitute malfeasance or nonfeasance,a public official's Minn.300,96 N.W.2d 569 conduct must affect the performance of official duties and must relate to (Minn.1959)• something of a substantial nature directly affecting the rights and interests of the public. Jacobsen v.Nagel,255 "Malfeasance"refers to evil conduct or an illegal deed. "Nonfeasance"is Minn.300,96 N.W.2d 569 (Minn.1959).Claude v. described as neglect or refusal, without sufficient excuse, to perform what Collins,518 N.W.2d 836 is a public officer's legal duty to perform. More likely than not,a violation (Minn.1994), of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v.Credit River The open meeting law does not address whether actions taken at a meeting nip.,299 Minn.170,217 N.W.2d 502(Minn.1974). that does not comply with its requirements would be valid, Hubbard Broadcasting,Inc. v.City of AJlon.323 N.W.2d 757(Minn.1982).In re D d R 7Y•nck Line,Inc.,524 N.W.2d t(Minn.Cf.App. 1994). League of Minnesota Cities Handbook for Minnesota Cities 8/30/2019 Meetings,Motions,Resolutlons,and Ordinances Chapter 7 1 Pape 25 i i RELEVANT LINKS: Lac Qui Parle-1 ellow Bank Minnesota courts have generally refused to invalidate actions taken at an 111alershed Dist.r. 111ollschlager,No.C6-96- improperly closed meeting because this is not a remedy the open meeting 1023(Minn.Ct.App.Nov. law provides. 12,1996)(unpublished opinioto.DPO 11004. Quasi v.Anlson,276 Minn. But the Minnesota Supreme Court has held that an attempted school 340,150 N.W.2d 199(Minn. 1967). district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. Ill. Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact,the council should encourage citizen attendance to help raise awareness of the city's problems and help create support for programs suggested by the council. Minn.Stat.§1313.01,subd. Citizens must be able to hear the discussion at a meeting and must be able 6. to determine who votes for or against a motion. DPO oar 15.DPO 17.006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or Minn.slat.§412.191,subd. otherwise participate in any discussions unless the mayor or the presiding 2. officer recognizes them for this purpose. The decision to recognize speakers is usually up to the mayor or presiding officer,but the council can oven-tile this decision.The council can, through a motion, decide to hear one or more speakers from the audience. Participation in council meetings can be intimidating for the average citizen. Councils should make sure citizens are invited to participate when appropriate and listened to with courtesy. Individual councilmembers should not argue with citizens. Citizens attend council meetings to give information for the council to consider. Discussions or debates between individual councilmembers and citizens during council meetings is inappropriate and may reflect badly on the decision-making process. B. Recording and broadcasting of meetings A.G.Op.63a-5(Dec.4. The public may make an audio or videotape of an open meeting if doing so 1972). does not have a significantly adverse impact on the order of the meeting. The city council may not prohibit dissemination or broadcast of the tape. League of Minnesota Cities?landbook for Minnesota Cities 8/30/2019 Meetings,Mollons,Resolutions,and Ordinances Chapter 7 1 Page 26 CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 nnbh O Farmington MN.gov TO: Economic Development Authority FROM: Adam Kienberger, Community Development Director SUBJECT: City Council Update/Member Roundtable DATE: February 25, 2021 INTRODUCTIONJDISCUSSION This is a standing agenda item to allow City Council members the opportunity to provide the EDA with any updates they feel are pertinent to the work plan of the EDA. This agenda item also allows EDA Members to share information with other Members and staff, or ask staff about items not on the agenda. No formal decisions are made during this agenda item. ACTION REQUESTED Receive an update on recent City Council actions or discussions. CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 == ® FarmingtonMN.gov TO: Economic Development Authority FROM: Adam Kienberger, Community Development Director SUBJECT: February Director's Report DATE: February 25, 2021 INTRODUCTION IDISCUSSION Dakota County Small Business Relief Grant Program—Round 4 Dakota County recently announced a new round of funding for COVI D-19 business and nonprofit relief grants. Awards can be up to$15,000 for eligible applicants.This round of funding opened on January 21 and ran through February 12. When available, we will share a summary of grant awards to Farmington businesses. EDA Composition The City Council adopted an ordinance amendment at their February 1St meeting revising the composition of the EDA to consist of two City Council members and five resident members (at large). Following that revision, City Council appointed Rob Carpentier to fill the remaining year of outgoing member Steve Wilson's seat, and appointed Tony Kaufman to a new six-year term. Riste Lot As discussed off and on over the past few years,the EDA owns a small lot just west of the Exchange Bank Building adjacent to the small Xcel Energy location on Oak Street.This is a site that was redeveloped by the EDA using a combination of local and federal funds in 2006/2007. Staff is currently working with Homestead Community Church on a contract for private development to expand their existing use. Upon finalization of a draft contract, a public hearing will be held at an upcoming EDA meeting for discussion. Open to Business Contract Update On February 16,the Dakota County Community Development Agency (CDA) board voted to renew a one-year contract with the Metropolitan Consortium of Community Developers (MCCD)to continue the Open to Business Program (OTB)throughout Dakota County. MCCD Executive Director, Elena Gaarder, OTB Manager,Tyler Hilsabeck, and Business Advisor Natalie Mouilso briefed the board on the program's activity in our region and some recent successes. I along with other city representatives attended the CDA Board meeting to demonstrate support for the continuation of this program. January Foreclosure Report Please see the attached foreclosure report as provided by the Dakota County CDA. Stay Safe M N The state of Minnesota launched an updated portal combining all of the guidance for individuals and families along with businesses and organizations. We continue to participate in weekly business calls with the state and provide this information to the public: https:Hstaysafe.mn.gov/. Active Projects Vermillion Topside Apartments Holiday Station Store Tessie's Alterations I mpact Auto expansion EZ Auto expansion Kemps boiler expansion Northern Natural Gas Three preliminary industrial prospects and one retail prospect NEXT MEETING Our next regular meeting is scheduled for March 25 at 6:00 p.m.A work plan for 2021 will be discussed once the City Council finalizes its goals and priorities and meets jointly with the EDA.A finance update is scheduled for March. ACTION REQUESTED None,this report is intended to be a monthly update on various development and industry related topics. ATTACHMENTS: Type Description D Exhibit CDA Foreclosure Update D Exhibit CDA Foreclosure Update- Notices of Pendency D Exhibit CDA Foreclosure Update-Sheriff Sales Dakota County Community Development Agency CDA To: Dakota County Cities From: Maggie Dykes Date: February 11, 2021 Re: Foreclosure Update Dakota County Stats—January 2021 • # of Sheriff Sales in January— 5 (compared to 0 in December 2020). There is a moratorium on evictions due to COVID-19 in place through February 12, 2021 unless again extended by Governor Walz under emergency orders. The moratorium does not apply to Foreclosure by HOA. • # of Notices of Pendency Filed in January— 20 A Notice of Pendency is filed by a mortgage company's attorney as official notification that the foreclosure process has begun. Not all of these result in Sheriff Sales. Mapping Using Dakota County GIS http://qis.co.dakota.mn.us/DCGIS/ The Dakota County Office of GIS is updating the Foreclosures and Notice of Pendency layers on a monthly basis. If you need assistance using this Web page, please call Randy Knippel or Mary Hagerman with the Office of GIS at (952) 891-7081. If you have any concerns, please call me at (651) 675-4464 or send me an email at mdykes(a-dakotacda.state.m n.us. �i\ Dakota County A Community Davekapment Age^�Y CDA Notice of Pendency Filings city Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 2021 2020 2019 Apple Valley 5 5 55 95 Burnsville 7 7 53 95 Eagan 0 0 37 101 Farmington 1 1 45 64 Hastings 1 1 20 34 Inver Grove Heights 1 1 30 47 Lakeville 0 0 21 77 Mendota Heights 0 0 6 9 Rosemount 0 0 24 42 South St.Paul 3 3 21 63 West St.Paul 2 2 26 38 Small Cities 0 0 3 11 TOTAL 20 0 0 0 0 0 0 0 0 10 0 0 20 341 676 NOTE:Notices of Pendency are filed by,mortgage company's attorney as official notification that the foreclosure process has begun.Not Al of these result in sheriff sales.Numbers are based on Notice of Pendency filings with Dakota County Property Records.City numbers are based on municipality address. For more information about the CDA's homeowner or homebuyer services, visit www.dakotacda.org or call(651)675-4473. [pig Dakota County Community Development Agency CDA Foreclosure Summary for Dakota County Sheriff Sales City Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 2021 2020 2019 2018 Apple Valley 0 0 13 30 24 Burnsville 4 4 11 31 31 Eagan 0 0 7 20 27 Farmington 0 0 8 9 21 Hastings 0 0 0 11 14 Inver Grove Heights 0 0 4 14 14 Lakeville 0 0 4 16 16 Mendota Heights 1 1 1 4 3 Rosemount 0 0 5 12 15 South St.Paul 0 0 6 13 27 West St.Paul 0 0 6 6 14 Small Cities 0 0 0 2 7 TOTAL2021 5 0 0 0 0 0 0 0 0 0 0 0 5 65 168 213 TOTAL 2020 19 9 11 2 3 4 4 4 1 4 0 0 65 TOTAL 2019 34 29 15 13 18 24 24 29 17 21 17 25 168 TOTAL 2018 12 15 24 22 21 15 13 23 24 16 13 15 213 SOURCE:Dakota County Sheriff Sales.City numbers are based on municipality address. For more information about the CDA's homeowner or homebuyer services, visit www.dakotacda.org or call(651)675-4473.