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HomeMy WebLinkAbout02-08-22 CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 PLANNING COMMISSION REGULAR MEETING AGENDA February 8, 2022 7:00 PM 1. CALL TO ORDER (a) Election of Officers (b) Appointment to Committees 2. APPROVAL OF MINUTES (a) Approve Planning Commission Minutes 3. PUBLIC HEARINGS (a) Variance Request from the I nterior Side Yard Setback Within the Fairhill Estate at North Creek Development (b) Vermillion Valley Development Preliminary and Final Plat 4. DISCUSSION (a) Sapphire Lake 4th Addition Final Plat (b) Open Meeting Law S. ADJOURN CITY 4F O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 u FarmingtonMN,gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Election of Officers DATE: February 8, 2022 INTRODUCTION Each year the Planning Commission is asked to elect a Chair and Vice Chair from its membership. DISCUSSION Commission Member Rotty served as Chair in 2021, with former Commission Member Franceschelli serving as Vice Chair. ACTION REQUESTED Elect a Planning Commission Chair and Vice Chair for 2022. CITY OF O Q 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Appointment to Committees DATE: February 8, 2022 INTRODUCTION The Planning Commission needs to discuss which Commissioner(s) should represent the following committees for the 2022 calendar year. DISCUSSION A) Empire/Farmington Planning Advisory Committee(EFPAC) This committee meets periodically to discuss topics pertinent to Farmington and Empire Township. Council Member Bernhjelm represents the City Council on this committee. The 2021 representative was Planning Commissioner Windschitl. B) Castle Rock Discussion Group This committee meets periodically to discuss topics pertinent to Farmington and Castle Rock Township. Council Member Wilson represents the City Council on this committee. The 2021 representative was former Planning Commissioner Franceschelli. C) Eureka/Farmington Planning Group This committee meets periodically to discuss topics pertinent to Farmington and Eureka Township. Mayor Hoyt represents the City Council on this committee. The 2021 representative was Planning Commissioner Tesky. D) MUSA Review Committee This committee meets periodically to discuss the growth of Farmington and where the next extension of sewer will occur in the future. Council Members Bernhjelm and Wilson represent the City Council on this committee. Two Planning Commission Members are needed to represent the Commission on this committee. The committee is also made up of two members from the Parks and Recreation Commission/ staff and two members from the School Board/staff. The 2021 representatives where Chair Rotty and Commissioner Lehto. ACTION REQUESTED The Planning Commission should discuss and appoint who will represent the Commission on each of the above mentioned committees during the 2022 calendar year. CITY OF O Q 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Approve Planning Commission Minutes DATE: February 8, 2022 INTRODUCTION Attached, are the minutes from the January 11, 2022 regular meeting. DISCUSSION NA ACTION REQUESTED Approve the minutes from the January 11, 2022 regular meeting. ATTACHMENTS: Type Description ❑ Backup Material January 11, 2022 Regular Planning Commission Minutes CITY OF FARMINGTON PLANNING COMMISSION MINUTES REGULAR MEETING January 11, 2022 1. CALL TO ORDER The meeting was called to order by Chair Rotty at 7:00 p.m. Members Present: Rotty, Franceschelli,Lehto,Tesky,Windschitl Members Absent: None Staff Present: Tony Wippler, Planning Manager; Samantha DiMaggio,Community Development Director 2. APPROVAL OF MINUTES a)Approve Planning Commission Minutes MOTION by Windschitl,second by Tesky to approve the Regular Meeting minutes of the Planning Commission from December 14, 2021.APIF,MOTION CARRIED. 3. PUBLIC HEARINGS Chair Rotty opened the public hearings. a) Preliminary and Final Plat-Vermillion Valley Development Planning Manager Wippler stated that the public hearing is asked to be continued to the February 8,2022 Regular Planning Commission meeting.Additional time is needed to review the plans. It will still be within the 60-day statutory review time period so there will be no issue continuing the public hearing to February 8, 2022. MOTION by Franceschelli,second by Lehto,to continue the public hearing for the Vermillion Valley Development preliminary and final plat to the Regular Planning Commission meeting on February 8, 2022.APIF,MOTION CARRIED. b) Conditional Use Permit to Allow a School Within the B-2 (Downtown Business) Zoning District- 115 Elm Street Planning Manager Wippler presented the conditional use permit application to allow a school to go into the building at 115 Elm Street at the Farmington City Center.Great Oaks Academy is currently operating out of the Bethel's Rock Campus located at 6300 212th Street W in Farmington and are currently looking to relocate to the space at 115 Elm Street. The subject property(115 Elm Street) is owned Amos Financial,LLC and the applicant for the conditional use permit is Wellington Management.Wellington Management is the contract purchaser of 115 Elm Street which would include the purchase of the retail strip center east of the main building.Wellington Management would lease the main building space out to Great Oaks Academy if the conditional use permit is approved. Great Oaks Academy is a classical charter school.A representative from Great Oaks Academy has stated that currently there is 192 students in this years'class.The school projects that enrollment will increase to 384 students by 2025-2026 school year.The intent of Great Oaks Academy is to become a K-12 school in the future.A site plan was provided for Great Oaks Academy occupying 115 Elm Street.The site plan layout includes 18 classrooms along the outer perimeter with a cafeteria,administration area,and a library Planning Commission Minutes Pagel of 6 Regular Meeting January 11,2022 within the central area of the building.The site plan indicates a possible future expansion area into the north side of the building as well.The site plan also shows a fenced in playground area of 13,281 square feet which would be located off of the south side of the building adjacent to Elm Street.The location of the playground area would require the removal of 19 parking stalls.The plan does not indicate the height or type of fencing which is proposed to be installed around the playground area.Planning Manager Wippler outlines that the fencing must not obstruct sight lines for vehicles entering or leaving the property and bollards must be installed along the west,south and east side of the fenced in playground to provide added security and protection.A condition of approval would be that the applicant must provide a more detailed plan for the playground area that provides information about the fencing and the location of bollards. City Code outlines that one parking stall is required for each classroom and one parking stall for every 30 students.The use of Great Oaks Academy occupying the space at 115 Elm Street would require a total of 24 off-street parking stalls.The property currently provides 266 off-street parking stalls.This number does not include the 19 stalls which would be removed if the playground is installed.Planning Manager Wippler noted that with the site being zoned B-2 (Downtown Business),the site is exempt from our City Code parking requirements.Bus drop-off and pick-up would be located along the east side of the building. The plan is for the buses to enter the site from First Street through the northern access point to the property and the buses would exit the site through the southern access point along Elm Street.Six parking spaces are identified along the northeast side of the building as parent pick-up and drop-off.A condition of approval would be that the applicant conduct a traffic study and provide the study and recommendations of the study to the city.The city wants to make sure that anything done on-site is safe and if any improvements need to occur on-site at the access points they are accounted for. City Code outlines six criteria which must be met in order for a conditional use permit to be approved.The conditional use permit meets all six criteria. Chair Rotty welcomed the applicant and representatives of Great Oaks Academy to add any additional information to the staff report.Reed Robinson with Winther Johnson Robinson is the architect for the project and is available to answer questions.Allie Newton with Wellington Management noted that the traffic study is already in process and results from that study is expected within the next few weeks. Chair Rotty asked Ms.Newton to walk through the traffic study and what it will entail.Ms.Newton outlined the scope of work along with six different intersections being analyzed. Chair Rotty opened the room to public comment. David Marsh, 204 First Street,doesn't see an issue with the use of a school going in.He sees an issue with traffic levels which will occur during drop-off and pick-up times for the school in addition to the traffic already going to the post office and businesses in the Farmington City Center.Mr.Marsh would like to see the traffic study reconfigured for an additional entrance into the site off of Elm Street and the addition of a turn lane. Chair Rotty brought the conversation to the roundtable of Commissioners.Commissioner Franceschelli likes the idea of the building being occupied but has concerns with parking and traffic flows. Commissioner Franceschelli asked Planning Manager Wippler if the comments of adding another access point can be accommodated within the traffic study. Planning Commission Minutes Page 2 of 6 Regular Meeting January 11,2022 Planning Manager Wippler cautioned that Elm Street is a county road and they would be the ones who decide if another access point is allowed. Commissioner Franceschelli would like the applicant and architect to go back into the traffic study scope and see if there is another way around using First Street as an access point into the site. Commissioner Tesky is excited to see the opportunity of filling the vacant space to add youth into our downtown.She would like to see directional signs or painted arrows to direct parents and better queue the drop-off and pick-up line for parents.She inquired about children crossing Elm Street to gain access into the site and would like to see a crosswalk somewhere adjacent to the school to allow kids to safely walk to school. Commissioner Tesky is concerned with the lack of windows on the current building and wants to know if there are any options to add glass or glazings along the exterior of the building in the proposed classrooms. Mr.Robinson with Winther Johnson Robinson provided renderings of the proposed upgrades to the building which includes glass and glazings being added. Commissioner Windschitl has concerns with the proposed playground being at the front of the school along Elm Street and inquired about moving it to the area outlined as future expansion/basketball court.Mr.Robinson with Winther Johnson Robinson provided additional context about the future green space for children in the northern part of the site in addition to having the playground on the south side of the building.Commissioner Windschitl also has concerns about the school growing in size and the current parent drop- off and pick-up plan as well as safety measures at the entrance of the school.Mr.Robinson noted that plans are not that far along,but safety measures would be taken if the project goes farther.Commissioner Windschitl asked if any of the businesses in the area have reached out with concerns.Planning Manager Wippler stated that he has not received any concerns from surrounding businesses. Commissioner Lehto inquired if reconfiguring the parking lot to better enhance the traffic flow for the school as well as patron access to the businesses is possible and if it can be incorporated into the traffic study.She also has concerns with the proximity of the proposed school to both the railroad tracks and the river and wants to ensure children are unable to access either if the proposed school goes into the site. Chair Rotty asked why the school is looking to go into this particular spot.Paul McGlynn, Director of Great Oaks Academy,stated that the reason they're moving is because their growth is outpacing the space they're in at Bethel's Rock.Wellington Management has helped locate this potential new space within the Farmington community.Chair Rotty inquired if there is anything about the current proposal Mr.McGlynn wishes to see that isn't proposed.Mr.McGlynn noted additional green space. Mr.McGlynn also commented on the traffic study concerns and timing of buses verses parents for pick-up and drop-off.Current school operation hours are 8 a.m.- 2:45 p.m.with no nighttime activities except conferences or board meetings. Chair Rotty inquired about the potential expansion of grades 9-12 and what it will look like. Mr.McGlynn noted that additions onto the building will occur at the time of adding additional grade levels.The expansion would utilize the current green space area for classrooms and add a gymnasium. It would consist of a two story expansion. Planning Commission Minutes Page 3 of 6 Regular Meeting January 11,2022 Chair Rotty asked about the expansion proposal and if it would be within the floodzone. Planning Manager Wippler stated he would have to look at it regarding setback issues from the river.Chair Rotty would like the school to be aware ahead of time if their intended expansion would be within setbacks. Chair Rotty also inquired about the counseling service business at 213 First Street losing an access and parking spaces for patrons to their business if the playground is constructed as proposed.Planning Manager Wippler stated that the B-2 (Downtown Business) zoning district has no parking requirements.Chair Rotty noted that if the parking spaces are needed for a business to operate it should be considered a requirement.Chair Rotty wants the business to be contacted and ensure that they are fine with this loss of an access and parking spots to the east. Chair Rotty asked about the current easement for the counseling service business at 213 First Street.An easement was granted to gain access along the south side of the 115 Elm Street site in the early 1990s for that business to have more parking options. Chair Rotty stated that 115 Elm Street is a reasonable location for a school if several conditions are met. Chair Rotty wants it to be safer which will occur with the traffic study as well as looking at the quality and condition of the roads and access points. Chair Rotty opened the room again for comments.Mr.Marsh asked to please consider another access or turn lane into the site with the current student size and the proposed growth of over 300 students.An expansion of the traffic study should occur since the cameras were only out for two or three days in the middle of winter. Nick Donnelly, 31 Elm Street,uses First Street to access his property because Elm Street is so busy. Commissioner Franceschelli inquired about when the school plans to open. Great Oaks Academy stated Fall 2022. Jim Ulvi, 100 Elm Street,wants to ensure more of a traffic study happens and that the box trucks and semis going down Elm Street and First Street are accounted for.Mr.Ulvi also inquired about snow removal in winter.Additionally,flooding of the area and potential contamination of the river needs to be looked at too. Bob Richardson,35 Elm Street,has concerns about something not retail going into the space. He knows there are companies interested in purchasing the property for a redevelopment project and that putting a school into the property isn't the only thing possible for the site. Mr.Richardson has concerns about what happens next once the school grows past the expansion of students in grades 9-12.The site wasn't developed with the intention of it being a school building.Charter schools cannot own property in the state of Minnesota until its 5th year.This is why they are renting now. He doesn't see how all of the improvements can occur on the site by Fall 2022.Chair Rotty asked Mr.Richardson for clarification if he is against the use of a school at the site or if his concerns with the school regard the traffic. Mr.Richardson stated the traffic and traffic flow as well as the current condition of First Street. Mrs. Katie Porter, 509 Lower Heritage Way,stated that three of her children attend Great Oaks Academy as students and the school has been clean and provided excellent education. Supporting alternative education options besides public schools will continue to help Planning Commission Minutes Page 4 of 6 Regular Meeting January 11,2022 Farmington become a destination community as we continue to grow and draw in young families.There is a children's playground on Elm Street between Cornerstone Preschool and Childcare and Farmington Gymnastics&Cheer along the southern property line as is being proposed with Great Oaks Academy at 115 Elm Street.Regarding traffic concerns,there are currently three buses for Great Oaks Academy. Mr.Marsh states that the property is not designed for a school and a decision shouldn't be made based on what-ifs for Hyvee and Aldi building.You can do as many traffic studies as you want,but in a couple of years when there are over 300 students,the traffic will be even worse. If the intention moving forward is for the property to be a school,then the property should be completely reconfigured into a school to better service the school needs,traffic levels,and the neighborhood. Chair Rotty provided clarification that the Planning Commission is deciding on the application as submitted and not on what-ifs.There are concerns that need to be addressed as conditions of approval if the Planning Commission votes that way. Steve Klostermeier,22415th Street,commented that his son attends Great Oaks Academy. Mr.Klostermeirer has volunteered several times with the school and notes that the school's organization,student participation,and how they manage the children is second to none. Mr.Klostermeier noted that the current organization for pick-up and drop-off is highly organized. Rick Nelson,broker with Winthrop Commercial,Inc.,has worked with Great Oaks Academy. He has done market studies in Farmington and the surrounding communities and right now there are no other spaces that can accommodate their needs for size,safety,and building reconfiguration.Paul McGlynn, Director of Great Oaks Academy,wants to stay in Farmington.Mr.Nelson stated that Wellington Management is purchasing the entire City Center so if reconfiguration within the parking lot and site is necessary,they will own the space so they can control it and make the adjustments needed. Michael Richardson, 35 Elm Street,would rather see the building torn down and the site rebuilt as a school.Mr. Richardson inquired about where the garbage containers will be on- site and if they will be enclosed as well as landscaping requirements to provide screening between the children and the surrounding residential neighbors. Mr.Richardson has concerns about the noise coming from the children on the playground as well as if the children will have noise protection from the trains. He wants people to be safe and children to be safe at the site. MOTION by Franceschelli,second by Tesky,to close the public hearing.APIF,MOTION CARRIED. MOTION by Windschitl,second by Lehto,to approve the conditional use permit to allow a school within the B-2 (Downtown Business) zoning district with four contingencies which are the approval of building and fire permits as deemed necessary,the completion and submission of a traffic study for the proposed use on the property,a detailed plan for the playground for review and approval,and a sign permit shall be submitted and approved for any exterior signage.Voting for: Rotty, Lehto,Tesky,Windschitl.Voting Against: Franceschelli.MOTION CARRIED. Planning Commission Minutes Page 5 of 6 Regular Meeting January 11,2022 4. DISCUSSION a)Acknowledgement of Service-John Franceschelli Planning Manager Wippler acknowledged John Franceschelli's service on the Planning Commission since 2010.Tonight is his last meeting.He wishes him well on future endeavors.A plaque was awarded to Commissioner Franceschelli. Chair Rotty thanked Commissioner Franceschelli for his service on the Planning Commission and the Heritage Preservation Commission.Chair Rotty wished him well in his future endeavors.Commissioners Tesky,Windschitl,and Lehto thanked Commissioner Franceschelli for his service and work.Commissioner Fraceschelli has valued his time and how much he has learned.He will miss the Planning Commission. Mrs.Porter thanked Commissioner Franceschelli for his service on behalf of the Farmington City Council. S. ADJOURN MOTION by Franceschelli,second by Tesky to adjourn at 8:31 p.m.APIF,MOTION CARRIED. Respectfully submitted, Kalley Swift Community Development Specialist Planning Commission Minutes Page 6 of 6 Regular Meeting January 11,2022 CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Variance Request from the I nterior Side Yard Setback Within the Fairhill Estate at North Creek Development DATE: February 8, 2022 INTRODUCTION M/I Homes of Minneapolis/St. Paul, LLC has applied for a variance from the required side yard setback within the Fairhill Estate at North Creek development. The subject property is a vacant lot located at 19187 Crystal Terrace. Planning Division Review Applicant/Property Owner: M/I Homes of Minneapolis/St. Paul, LLC 5354 Parkdale Drive, Suite 100 St. Louis Park, MN 55416 Property Location: 19187 Crystal Terrace(Lot 1, Block 1 Fairhill Estate at North Creek 2nd Addition) Attachments: 1. Variance Application 2. Applicant Summary of Request 3. Proposed Survey for House 4. Neighborhood Plan Existing Zoning: R-2 Planned Unit Development 2040 Comprehensive Plan: Low Medium Residential DISCUSSION M/1 Homes of Minneapolis/St. Paul, LLC is seeking a variance of 0.29 feet(3.48 inches) from the interior side yard setback for the construction of a home to be located on the property addressed as 19187 Crystal Terrace and legally described as Lot 1, Block 1, Fairhill Estate at North Creek 2nd Addition. As outlined in the attached Summary of Request,this parcel is part of the Focus Group 2C (see attached neighborhood plan) of the Planned Unit Development,which requires a minimum interior side yard setback of 5 feet. Focus Group 2C was platted for M/1's carriage homes,which typically have a lot width of 50 feet. The subject lot was platted with a width of 50.12 feet at the front property line but narrows to 49.5 feet at the rear property line. While the house that was sold for this particular lot meets the side yard setback requirement to the northern property line as well as at the southeast corner of the proposed house,the southwest corner is where the reduced setback is being requested. Again, the requested variance is for 0.29 feet or 3.48 inches (4.71 foot setback from property line). The Planning Commission shall not approve any variance unless they find "practical difficulties" as defined in City Code exist using the following criteria: 1. Because the particular physical surroundings, or shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. Economic consideration alone does not constitute practical difficulties. The parcel narrows slightly in the rear and is adjacent to an outlot that is under the ownership of the city and not another single-family lot. 2. That the variance would be consistent with the comprehensive plan. The property is guided for use of a single-family home within the comprehensive plan, and the proposed use on the subject lot is single-family home. 3. That the variance would be in harmony with the general purpose and intent of this title. The purpose of a minimum side yard setback is to provide adequate space between houses, and the lot adjacent to the proposed side yard setback variance is an outlot owned by the city, which is intended to be kept as open space. 4. The conditions upon which the variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally,to other properties within the same zoning classification. The parcel is unique in that it is adjacent to a city-owned outlot and not another single-family lot or street. With this being said, the lot is an undeveloped parcel where all required setbacks could easily be met by modifying the building plans for the proposed house to be constructed on the parcel. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having any interest in the parcel of land. The decrease in lot width in the rear of the property was to provide adequate spacing between the trail, and the utilities(storm sewer, sanitary sewer and water) that run between the subject parcel and the infiltration basin to the south. Again, as indicated in#4 above, this is an undeveloped parcel and building plans could be adjusted/modified to meet the required setbacks. 6. The granting of the variance will not alter the essential character of the locality or be injurious to other property within the vicinity in which the parcel of land is located or substantially diminish property values. The variance would not affect spacing between homes, since the subject lot is adjacent to a city-owned outlot. 7. The proposed variance will not substantially increase congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The proposed variance would not create any of the adverse impacts listed above. 8. The requested variance is the minimum action required to eliminate the practical difficulties. For the applicant, it is the minimum action to eliminate the practical difficulties. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of one-family dwelling as a two-family dwelling maybe authorized by variance. The proposed use,single-family home, is a permitted use within the R-2 zoning district. ACTION REQUESTED The Planning Commission has two options to consider with this application,they are: 1. Approve the variance request allowing a 0.29 foot(3.48 inch) variance to the interior side yard setback within the R-2 PU D zoning district for the construction of a new single-family home, contingent upon the following: 1. Obtaining all necessary building permits. 2. Deny the variance application based on the request not being able to meet all of the criteria needed to approve a variance, specifically criteria#4 and 5, and direct staff to draft findings of fact for said denial. ATTACHMENTS: Type Description D Backup Material Variance Application D Backup Material Applicant Summary of Request D Backup Material Property Survey ❑ Backup Material Neighborhood Plan -CITY OF FAR M I N GTO N O 430 Third St.Farmington.MN 55024 651-280.6800 O FarrnkVtonMN.gov VARIANCE APPLICATION Applicant: M/1 Homes of Minneapolis/St.Paul,LLC Telephone: 763.586-7217 Fax: Address: 5354 Parkdale Drive.Suite 100 St.Louis Park MN 55416 Street City State Zip Code Owner: WI Homes of Minneapolis/St.Paul,LLC Telephone: 763-586-7202 Fax: Address: 5354 Parkdale Drive,Suite 100 St.Louis Park MN 55416 Street City State Zip Code Premises Involved: 19187 Crystal Terrace Address/Legal Description (lot, block,plat name, section, township, range) Current Zoning District PUD Current Land Use Low Density Residential Specific Nature of Request/ Claimed Practical Difficulties: Requesting a Side Yard Variance SUBMITTAL REQUIREMENTS X Proof of Ownership X Copies of Site Plan X Application Fee Abstract/Residential List(adjoining property owners only) X Boundary/Lot Survey Torrens (Owner's Duplicate Certifificaate of Title Required) //r�.2 %\/aQL gnature of Property Owner Date Signature olApplicant Date Request Submitted to the Planning Commission on For office use only Public Hearing Set for: Advertised in Local Newspaper: Planning Commission Action: Approved Denied Fee Paid $250—City of Fannington Comments: Conditions Set: Planning division: Date: 10/19 DRAFTED BY: City Of Farmington 430 Third Street Farmington,MN 55024 SIDE YARD SETBACK VARIANCE REQUEST - 19187 CRYSTAL TERRACE Side Yard Setback Variance— 19187 Crystal Terrace • ' Yard Setback Variance January 11 , 2022 19187 Crystal _ • INTRODUCTION M/I Homes of Minneapolis/St. Paul, LLC is requesting an interior side yard setback variance for the property located at 19187 Crystal Terrace located within the North Creek Planned Unit Development (PUD) 2nd Addition. SUMMARY OF REQUEST The property is located within Focus Group 2C of the PUD, which requires a minimum interior side yard setback of five feet. The Focus Group 2C of the PUD has been platted for M/1's carriage homes, which typically have a lot width of 50 feet. The subject lot, which was platted as Lot 1, Block 1, 2nd Addition, was platted with a width of 50.12 feet but narrows to 49.5 feet. While the house that was sold in this location meets the side yard setback requirement on the two side yard setbacks in the front of the property and northern side yard setback in the rear, as the lot narrows, it does not quite meet the minimum side yard setback to the south of the proposed home near the rear of the lot. As such, we are requesting a 0.29-foot variance to allow a 4.71-foot interior side yard setback. The lot does not directly abut another single-family lot in the development but rather abuts an outlot owned by the City that will remain open space, and therefore the small variance in a side yard setback would have little effect on the character of the neighborhood. VARIANCE CRITERIA The following outlines how the request is consistent with the "practical difficulties" criteria outlined in 10-3-6 (c) of the Zoning Code. 1. Because the particular physical surroundings, or the shape,configuration,topography, or other conditions of the specific parcel of land involved, strict adherence to the regulations of this title would cause practical difficulties. Economic consideration alone does not constitute practical difficulties. Comment: The parcel narrows slightly in the rear and is adjacent to an outlot and not another single- family lot. 2. That the variance would be consistent with the comprehensive plan. Comment: The property is guided for use of a single-family home within the comprehensive plan, and the proposed use on the subject lot is single-family home. 3. That the variance would be in harmony with the general purposes and intent of this title. 21 Page Side Yard Setback Variance— 19187 Crystal Terrace Comment:The purpose of a minimum side yard setback is to provide adequate space between houses, and the lot adjacent to the proposed side yard setback variance is an outlot owned by the City, which is intended to be kept as open space. 4. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally,to other properties within the same zoning classification. Comment: The parcel is unique in that it is adjacent to a City-owned outlot and not another single- family lot or street and in that it narrows in the rear. 5. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. Comment:The lot decreased in width in the rear to provide adequate spacing between the trail, storm and sanitary sewer. While it would be an option to look at adjusting the lot line slightly for the rear to be the same width as the front yard,we feel that the intent of the minimum side yard setback requirement is met. b. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. Comment:As previously mentioned,the variance would not affect spacing between homes since the subject lot is adjacent to an outlot. 7. The proposed variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. Comment: N/A. 8. The requested variance is the minimum action required to eliminate the practical difficulties. Comment: The request is only for a 0.29-foot (3.48 inches) variance from the minimum requirement on one side yard setback. All other side yard setbacks and PUD standards are met. 9. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person's land is located except that the temporary use of a one- family dwelling as a two-family dwelling may be authorized by variance. Comment: N/A 21 Page N Certificate of Survey for: Revisions: 3 M/I HOMES OF MINNEAPOLIS, LLC 5 House Address: 19187 Crystal Terrace, Farmington, MN House Model: Magnolia (A) 90 r\ i 5�5�o5„E L31 0• �3 6067 � 3.��x1 x• cp-11�o 60.6 s r \6 Z rA , was Q) C Z 1 p 2 1 so o o �p °(� v' CA-0 L 'g6 56 8 6 3 67 0 0• X00 N Lo 909.0 -P > 0.3 ' 3 906. 0 INFILTRATION BASIN 5 BOTTOM = 900.5 OUT = 901.7 E.O.F. HWL = 905.8 906.5 Total Lot Area................................... . ............t6,475 sq.ft. House, Patio, and Porch Area..... • • • •• ....±2,651 sq.ft. Driveway Area to Right of Way Line ........ —±669 sq.ft. E.O.F. Sidewalk Area.........................................................±56 sq.ft. 000.0 Denotes Emergency Overflow Total Impervious ..... . •. •.............. •••••. ........±3,376 sq.ft. Total Impervious Coverage............................ . . .• ••±52.1% "q, Denotes Existing Hydrant Total Sod Area to Back of Curb .. .. . .• ••±3,524 sq.ft. R Denotes Existing Electric Box Total Driveway Area to Back of Curb•• .••...±1,029 sq.ft. TV ro Denotes Existing Television Box PROPERTY DESCRIPTION: TB ❑ Denotes Existing Telephone Box * Denotes Existing Light Pole Lot 1, Block 1, FAIRHILL ESTATE AT NORTH CREEK so Denotes Existing Service 2ND ADDITION, Dakota County, Minnesota o Denotes Existing Curb Stop x 000.o Denotes Existing Elevation * SLAB ON GRADE x(900.° Denotes Proposed Elevation Denotes Direction of Drainage — — Denotes Drainage & Utility Easement PROPOSED BUILDING ELEVATIONS (per recorded plat) Top of Foundation Elevation: 000.0 —�— Denotes Iron Monument Garage Slab Elevation (at door): 000.0 ,,r '�iiXD� tom' .�� ti. �..�, �•f:9'�• .,��,,'% i��; SPR if 3 CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington M N.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Vermillion Valley Development Preliminary and Final Plat DATE: February 8, 2022 INTRODUCTION Stantec on behalf of Adelmann Farm LLC has submitted the Vermillion Valley Development Preliminary and Final Plat(attached). The subject property is located at 4755 220th Street W. DISCUSSION The Vermillion Valley Development Preliminary and Final Plat consists of 5 outlots (A- E) and right-of- way for 220th Street W. The property to be platted contains 80.57 acres of land and is mixed zoned. The zoning districts within the property include MUCR (Mixed Use Commercial/Residential), P/OS (Parks and Open Space), and R-3 (Medium Density Residential). The submitted Preliminary and Final Plats consist of the following: 1. 1,321 feet of right-of-way for 220th Street W-2.28 acres 2. Outlot A- 10.40 acres (future development site) 3. Outlot B-5.06 acres (Dakota County acquisition- County Park Nature Preserve) 4. Outlot C-33.94 acres (Dakota County acquisition - County Park Nature Preserve) 5. Outlot D -2.96 acres (Dakota County acquisition-County Greenway) 6. Outlot E -25.93 acres (future development site) The necessity for this outlot plat is due to the anticipated acquisition of three of the olutlots (B, C, and D) by Dakota County for land preservation and trail purposes. Enaineerina Review The City's Engineering Department has reviewed the Preliminary and Final Plats and has recommended approval of them. Dakota County Plat Commission The property being platted is adjacent to a Future County Road(220th Street W)and is therefore subject to the Dakota County Contiguous Plat Ordinance. The Plat Commission met on January 5,2022 to consider the Preliminary and Final Plats. The right-of-way needs for the Future County Road (220th Street W)are met with the dedication of 75.01 feet of half right-of-way on the plats. Additionally,the County requested that the 10 foot wide perimeter drainage and utility easements be removed from Outlots B and C and that a 1S foot wide Trail, Drainage&Utility Easement be provided along the southern line of Outlot A. The removal of the drainage and utility easements within Outlots B and C is due to funding sources that the County will be using to purchase these parcel. The additional 15 foot wide Trail, Drainage& Utility Easement within Outlot A is due to the wetlands that may affect the construction of the future trail in Outlot B. The attached Preliminary and Final Plats have revised to reflect the changes identified above. ACTION REQUESTED Recommend approval of the Vermillion Valley Development Preliminary and Final Plat and forward that recommendation to the City Council. ATTACHMENTS: Type Description ❑ Backup Material Preliminary Plat ❑ Backup Material Final Plat PRELIMINARY PLAT OF GENERAL NOTES b--..��CountyVERMILLION VALLEY DEVELOPMENT djU.— M M.I Z. E1ewb'ona and°ontw M..h.—mt,b)ih,d M CPS—d on nWffn -rt',W datum. 'k auT —-————————— ——————— ————————————————————————————— ———————————— N I 1k, I ILI 0 0 T 0L) WW 0 --------------- % V t -----------A Ilk, X\Ik ux 0 a 0- T --------- - ............. k�Iffi NO—WE 2-1, WA,rl I it-IF. EZ -------------------- LEGEND 0 LEGAL DESCRIPTION OF PROPERTY TO B.P.TTED TAXPAYER I PROPERTY OWNER T ....... AREAS = PRWM TIRE T=­.'....TA:­ — .— cum I­ ZONING T.TA.—I... IND SUR�OR V^,V WE PRELIMINARY PLAT — T—.,. pa— NICK ADELMANN FARM LLC now part of -D[:Ujljj�j=100, NOV-2021 XX PRESENT ADDRESSES Stantec 1BNj%x x DATE OF PRELIMINARY PLAT IRWIXT No. "m 5�IN =..E E. D4417�� 1 OF 1 UN P C N J51 I gee p $ � E e E E $ q v 3 s B v g 5 E9 K,J E :5 W akfF g 3I uj g n III E! Q � 1 1 6e 6 Ja z fr z O E s , e � s FsFa J s f a B Syyyafi ypppys a a W �i $ I lip E a i E a e a fill a c 6 , N y — — - - - u...�ctt.ws 1332ii H :•i:i: R — ,/�� +. 133MIS H1OZZ(OVOH A1Nnoo aHnlnj) !iL m� m-.—ti:tn'— ® to � a louno I ) I I / I I I I I � ----rur I I a.rw.or p I � I , �^ ---- 3 iollno L---1— -41 — Z l ,� I , W I I , I W g Au. :N W-H W ZI d ;' I � ,/ O 1011nOLL � s J U I i 4 0 Ul / I Affiffi I y I I I Lo 010 Po V --oraz onm: � —_— � snm a.nm.eeH � mM I■ t ` I I CITY OF O Q 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 rill, Farmington MN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Sapphire Lake 4th Addition Final Plat DATE: February 8, 2022 INTRODUCTION Sapphire Lake Development Company, LLC is proposing to plat 30 single-family lots within the Sapphire Lake 4th Addition. The 30 single-family lots are located to the east of the previous 101 lots platted as part of Sapphire Lake 1st, 2nd, and 3rd Additions. DISCUSSION The 30 single-family lots are the remaining lots within the 131 overall single-family lots proposed for the project. The Sapphire Lake 4th Addition final plat corresponds with the preliminary plat that was approved by the Planning Commission on August 15, 2018 and the City Council on August 20, 2018. The plat is comprised of the following area summary: Block 1 Area: 1.9555 acres Block 2 Area: 0.6645 acres Block 3 Area: 1.1416 acres Block 4 Area: 2.1536 acres Total Lot Area: 5.9152 acres Total Outlot Area: 5.0820 acres Total R/W Area: 2.3587 acres Total Area: 13.3559 acres As previously mentioned the Sapphire Lake 4th Addition final plat will consist of 30 single-family lots. The average lot size is 8,589 square feet in size with the smallest lot being 6,996 square feet in size and the largest being 14,454 square feet in size. The property is zoned R-2 (Low Medium Density Residential) which requires a minimum lot size of 6,000 square feet with a minimum lot width of 60 feet. All lots proposed with the 4th Addition meet these required minimums. Additionally,the attached final plat shows 3 outlots (A, B, and C). Outlot A (0.1750 acres) and Outlot B (0.0085 acres) are remnant parcels and would likely be combined and developed as part of the future development of the adjacent property to the north. Oulot C is 4.8985 acres in size and consists of wetland and open space. Outlot C will be deeded to the city with this development phase. The final plat shows the extension of both 213th Street W and Spruce Street from where they currently terminate with the 3rd Addition. Spruce Street will extend to the right-of-way of the future Biscayne Avenue located on the eastern border of the development. Spruce Street is a non-divided residential collector that consists of a 70 wide right-of-way and 38 foot wide roadway measured from face of curb to face of curb. The 213th Street W street section will be comprised of a 60 foot right-of-way and a 32 foot wide roadway measured face of curb to face of curb. Five foot wide sidewalks will be provided on the north sides of both 213th Street W and Spruce Street. An 8 foot wide trail will be constructed through Outlot C. The trail will be constructed near the rear lot lines of the lots within blocks 3 and 4 and will be extended to the Biscayne right-of-way. Additionally, a small portion of trail will be constructed between Lot 6, Block 3 and Lot 1, Block 4 to provide access to Spruce Street. Landscaping Plan Review A landscaping plan was approved as part of the overall development plan. Lot frontage trees will be provided in accordance with the city's landscaping requirements. Engineering Review The Engineering Department has reviewed the Sapphire Lake 4th Addition final plat and recommends approval contingent upon satisfaction of all engineering comments related to the construction plans for grading and utilities as well as the applicant entering into a Development Contract with the city and all security fees and costs paid. This includes a comment regarding the proposed pedestrian ramp to be located at the north corner of Spruce Street and 213th Street. The pedestrian ramp as proposed extends beyond the right-of-way. This will likely require a slight modification to the final plat for Lot 1, Block 2 to ensure the ramp is located entirely within the right-of-way. The final plat must be revised to ensure this prior to recording of the final plat mylars. ACTION REQUESTED Recommend approval of the Sapphire Lake 4th Addition final plat contingent upon the following, and forward that recommendation on to the City Council: 1. The satisfaction of all engineering comments related to the construction plans for grading and utilities, including modifying Lot 1, Block 2 to ensure pedestrian ramp is located entirely within right- of-way prior to recording of final plat. 2. A Development Contract between the applicant and the City of Farmington shall be executed and security fees and costs shall be paid. Submission of all other documents required under the Development Contract shall be required. ATTACHMENTS: Type Description D Backup Material Final Plat D Backup Material Construction Plans m| � . � § . . � � , � | !! � �f! | � / �� ■{ \ [ �� \ O_ — a ! so � k { \ §\ I � � W � Q � W ( 7`!` ; j � \ /) � � : � ® | | �| •! . ; / � 3a /E / � ! !k {{ E§ r ■ !!| |; I E§ ; €� g W 24 a,M1iF p < o �E o ¢� 111111 •l i _ lY•t[l � � � u�i a oo•oc ^• and ,90,50.00.5 mi Zl'l6£ M.90,90.00S ——_ €� r aNvusx `` 93a m a •c9, - �� • • h �§ �O'm '•�._ _— \ �`\ Z ly st <$a tom 3.9Z.9Y.99N SL•Z9 4tBsr op.*; In . ha- ;6N`j�,.` IP z ¢ z ID LU :5 r / .y'b i i %n' zj•ro�S 3Jn 4. B / oi 4\p Ld C, �c] .\ •��y� ��,�� ^M �'�;,� � � � _� It �^ •`� .�,'� � �"� � ��o� ,ate ca 1e w 1 rc � a 9 a ma�meh�m __�-�; j mNYmNNOrN o N R ot w uw" K Qa m 4 moan Ilnnu���aw U U U U Q Q Q Q z o0 Q �o H co LLI W (nC,4s $ Y Q 04 MI X Q w J Q N Q y ^$ N W O " 5 n 16 f0 �M Q n L d's ih it nit d kh N M N " •- g SAPPHIRE LAKE 4TH ADDITION UTILITY & STREET~ CONSTRUCTION PLAN fT. G14L 3 1NlR Tsv�Ydr1 UuHOrl, R_2 n A In" ffA FARMINGTON, MINNESOTA ,f I LUig SIT I �_� Lac. sE t 21 `.•.,1.-•s1ReEr w y / j., `/ '�`, —t-�—ti -�,:.k- •.1`f•rT E Lr.! r sr• ��T 3 3r =�. t fT.� Pios A/-A , a . IJM, ) I I � 7/ � �r �..I:,•,I`••.•-.,- �,r''��\ i Ifo � I c�arroxatav t 1—� %of�� , 2�.:'s. —J I 1 � a !3 w r oAR s1REEr I I ' -/�' � '. - '=•- -+ 3 I I SHEET INDEX I , 113 �'. � �'•qRU.'.�� 1.0, COVER SHEET `:2\,`' y'�;{•, I.1. LEGEND G�� `•:1' I ( I 2.I-2.2, SANITARY SEWER&WATERMAIN 3.0. STORM SEWER SCHEDULE 1 I I I •..•.`\'.. • 2•�s:SJ`� •� 3.1. STORM SEWER PLAN �, ,,'``. :__ i I I I 3.2. DRAIN TILE PLAN J I it I'I;` `` 1 1 4.1-4.2. STREET CONSTRUCTION PLAN --- / t sPRucc sTRET;r— .��� .,.. ti•., •`�����J i ————--� 4.3. INTERSECTION DETAILS —————————— �'" ————————————————— 5.1-5,2, TRAIL CONSTRUCTIONPLAN _ — I ——— 6,0. SIGNAGE&STREET LIGHTING PLAN 7.0. EROSION CONTROL PLAN I I I 8.0-8,8. DETAILS 1 1 I I 8.9. MNDOT PEDRAMP DETAILS RfcnHINFMINn P.A. GI-G2. GRADING PLAN G3-G4. 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[IMRF-0ELTA LLYACM PAD:US TAHG[NT PC P{ £ \ t.Tf'V U 66']0'!3' 48a.J4 40000 48271 z]+41,-06 J2400.a0 t�II11'S tf�-1P 9 / -/ \\�``\`\ SAYFAA(IT 31 LF 10 , \\ '' NE 5ECl OV 00004215 PE3'OVE AHD DZ'O t.• 5'CQY`v / S• -„i'J TMT O fN SEESHEET ET SGfw/TK WSp OF TFUP SROEM'A1X / °S SFUCf SElD k VLECN '/ �'l, 2 DETAILS SKEET ti•Nh.Y CL 5 A0a BA6E CURB LEGEND(60' ROK ^-'All '1 3 cRAruvA 9aox awT a w TIDI z nows sas CS +CUP9 TTTPU!'E ATGY S0£UALK vaJrrAy.E E��y FDR%.%MN1ABCl: 1St 0 ) ^ l� 4 \•R ]]t 3 t . ]( 101Y5E1E CIPS RG➢.MLRVMU51:� O\ ....::\� ` 0 4 / f{t I ACD Dn12R (n•).I Tt[. n CICaO GlEIPU':E ELEVATOV '•TCj Q, ' 1 FDR 8618 CURB -:.�... Lt/ ;p' /. �) Tl L._ L_, _ SPRUCE STREET (vkDDT 2YJ] D :1, `\tFt < ) 4 14 _ - 70] RCW SECTk 0792 +O,IUI!:NCUS tTEVAreYT .:4 `. / 24.1161 ��o+SURVOU:ITAB_E CURB A,CUTTER / _ C �/ /♦ ♦♦ r M.t4 DARD(PLA 8618 CI,A R MYLIN �, 'R J,9 / ♦♦ ♦ �- x KRR]h17C70N SFAtJDARD PLATES tf0.STA-06 EMU:! S EDGE � fi 4t ♦ 1 tm.9] e:x1,P. !�•+�'F 4�-C< llroi ► =PED.RAMP(STP-17-SM-19) B (JOIE-SEE CITY PLATES SSP-05-SIR-07 F04 TSP:CAL 9TPFET SECDON3 `:j ls.CN \` /£MEET IINIEASCCD0.4SHAD / p5 •04'024 4� tle+ la UALITA. /DCTOIS SHIET ® / r^ r 1 �Q 1NpoRA4Y SAG Rtf.Tfr M54 ARU.,EMAl'CR BASE AN 1 SIl W 212E ADDITOM CM:SIRUCTED g. / '1 h ~I IN.1e0 ADOInpS CfA.Y-000.1 T la o l k6 POx T[IIP.SAC BNM?.OUS ]i1vi0t J ! �'l 15 L 8 Q, MOD --•14 !Ff-F li' \ § r 8 /� 9 ,J].i7lY ?'It b �r1L92 ITi+rva.o S�2tx 1' S' 11' IP• O / )D `) / '] Srt1a.TR zr.a1 O St. t1 END 5§TEWAI%` nL.t-p1t' nt+t-GJ1` !x" sHEEI ] CM 1 � 6 ". 59DD[3[3AtKamm CaysmuMET, TT, .50y \ T1. SEE LILY PLATES S0.S1R-01 SM-04 FOR sBt // \ tt stn 4 P9LCx CURB A!ID GUTTER DETAILS p WArMLA9 N.S'qqC.S W.OASE 1]' ]ROBS SCO 2 SEE CITY PLATES 0.p.SVR-OS-STR-C4 FOR RElDN CV NT 6 pMIRP TW:AL SIRE"SECDONS / DIIR .x COVOEm N`<0 J. SEE CITY PLATTE K0.SM-21 FOR TRAIL ANO RID Aro pmtI SDEWALK SECTIONS SETS > 'M� CRAPM.0 SCALA,fN FEEL / nail! B'®NY;NOUS mAll BACK MARKS Q_.__P�A�ba ��1 (SEE TRAS.CONSRRKtrw PTAH) I TOP 1111 DF HlDRA4.AT SE 2i 3TH STREET W 1� OG � n. 9� CORNER OF LOT 7,BLOCK 1 14 41:0 AmM% 60' ROW SECTION aBIPRc scAir 1K F[aE `�1J � / EUV-a9T.+z mmni stIMA Iris) �J. `J GP J / TOP AVT OF HIDRART AT SL SEE FARVINGTON STANDARD PLATES NO.SIR-059 CAD0.4�1¶7�OF LOT 5.BLOCK 4 IN 2JD 2)3TH STRIIET W SPRUCE STRGET Q / CLLV+900.91 ffi.. ...�...,�..... ........Q... .. ...8...Al... ..: ... ..: .............�.. ....... :......; .......; ...�... ...... ..... c ................... .........:.........:.........:...................:......... ...p... ..... 915 ' P'A SIA:14+mm PN sim.15+150] P11 STK X28+00.00 PN 3TK 31+21G0 F1ET(Oi] ETEV:A96 FLCN 69).45 MCE3EV;}59.08 PN .25 PA .68 PIA M 07.15 S:73.20 : NS 0881 'N:S99 :.. ........i.........:...,.....i.........: UL 1100 i.., 1,3100 • LAC 9000 M;100-00 : :+CH PT.STA:I I+a1.1 ON PT.;3TA1 25+[d 6 ON PI.STA:281013 • •• •••• H'CN PT.3TK 30+40.D9 •• ••• : 8 'GI PT t9],4 $LEN 0 a LOW'PT B9{.�� g k: ET,Ly, ',•905 ...... . � ....... � .. . .. � „ ani: � Sg P 90..x$ +� �� f a�fdl Ld�a ....�E£N FIEV: PT /9 ... . ... ... : . :..: ............ ..... ..... ..... ..... ..... ., �.. �.. $ :_8...... ..... qa... . .... g:...... A....'••.......:.. q....:.........'......... ......... .........:.905..: :..90d............:.........::..:....::.........:........:........ :................ ..... ..... ..... ..... .... .... RDPoS b : : 900 60. .................. ................:........ ..... ..... ... ..... ..... ..... .... ..... :.. .. .. :.. : .. :.. :...... ..:.........:....... .:......... .........:........~..�x........ .............895.. ......... - - .; i.. ... .- - ............ ... ,.., 890 a :..885............. a � .. .. • s 895 :.. 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Re�/C 1v\ /v sir-p5PR SlRE � TOP vh�691.4 InWS A!Ii AT L T 3 V n �� COWER of LOTS BLOCK 4 E!]9N ELEV 41 0 , Sf TRU11 DUES E9 11Nttt / INTERSECTION OF 213TH STREE•C W& iNTERSFCTION OF SPRUCE STREET& SPRUCE STREET FUTURE STREET TO THE NORTH CURE LFCFND, HQXL Ni PEO RAMPS TO BE ADA CWP!.!AW 'D33 x CURB CVRWUNE R.EVATN'1 LEMIA f0R 0618 CURD SURUIX.NTWLE CURB&CUTTER O YATLH tiLL CURB HEIGHT .BIS C—A:LL ITER (A a CURB REI KT x PED,RAMP(SM-17-STR-18) Q 4K4 U!NOIVU LAIIWNO vAM MAYVUM 20x SLOPE ALL D:RECPON$ ®„ONICATED DOVES(SEE MNDOT STAti9AR6 PLATE 7076) G�11 R51is���11 u� LANO:NO I'll 4-0ANDMAY 79 SLOPE IN ALL DAECbM:i CURB AN 1. SERI. SEE CIETN-DI-S1R-Oa FOR t[I O LiUT1ER OETALS 2 SEE GTT PU!RS H0.STR-OD-BTR-07 FOR {iJ &09CATES.14.A%V&1RAN N.LN-SLOPE SHALL BE BETWEEN TRCAL STREET N0.SMS CqO WN.k.9 HA RAN.N THE DRFOTON SNOAY A151 S SEE GTT PIAtE HO.S1R-tY-STR-19 FOR CROSS SLOPE SNAIL NOT EYCFID 71L PEDESTRIAN RAUP DETAILS (}� WO:CAITS PEIIESTRIAN RAW-SLOPE SHALL BE GREATER 4. SEE CITY PLATE H0,SIR-71 FOR TRA'L AND THAN 26x M!N.AND LESS 11141 8.0%04 ME OIRCIFOM SDEWALX SECTIONS SIIDYN ANO CROSS SLOPE SNALL NOT EXCEED 74 pYONEERenginew ing i) .YT4 `^�L•x��a�A,STEAw�en �^-•+ ac:si.y w�+x]x.-I — w CTONDETAIf EIW DEVELOPMENT CO.:LLC. SAPPHTRELAKE ATH ADTTN43 o ILoFl4NJ. flS1aa INTERS24 Ov:;:vui.pmyr.E i SPRUCE STREET`" s 'l�• c\ 1 \\\ \\\ �9 HEcn mAIL / 2 ,/ � ` 8•B.Nu1ti0U5 THAI �\\\,� \ casmucnw) '� I _5 g I $ 4 1 / `� .y,� �•� W4-� 7$7 �����'>�J �.._��J t._-__ l��`� I 1 1 1 1 j{t f 9 S � ALYPAM — Arai t.q� Rs ��`` �j C It 1 11 1 � oUJL6-"'A Me-0 TAA!L PATH SIR EEZ.SDHSIRUCH011 NOIES� CRAPH:C SCALE M T'ER L SE[CI PLAT[3 P.R STR-01-9111-04 FOR pp�pp ��' 65665UUUUU CURB AND AND CUTTER DETAILS 2 60.'C]1 IAARKS 2b 0 SEE CRY PRIMES R0.STfl-05-S7R-07 FOR TOP I:UT OF HYDRAMITBL AT$ IEE CIT STREET SECMITS 0. SEL CITY PLATE N0.STR-17-STR-19 FOR CORNEA OF LOT 7,BLOCK{9i Di0 ORAM11OSL1LT.DI FCEf PEDESTRIAN RAMP DETAILS CLEV-897.42 4. SR CITY PLATE R0.SIR-21 FDR TRAIL AIM TOP NUT OF HYDRANT AT SE. SDrom SECRONS. CO.14M OF LOT 5,BLOCK 4 1.4 2)M ADOIT. ,,•••,TRAIT.COYNECTiON TO SPRUCL7•S71tLL1' EACKYARD TRAtL RLY.90a91 S3 6 m N E .. .g ..g, g....�.. �..... ... ... ........ ..... g.. ........R...�.. ..... �... ...,. a..:$........ ...... ..... s 915 PT1 STA:D+{B.00 PN STA:I4SOD :..910..:.........•.........:.........:.... PML:K-.1�Js PIAL NE ieoO.s9......:....... ..... ...,. ....� .. .. -- - ... 910 H'ON P7.STA:Dl18.J7.. .. .. .. ..... ........ ....... ....... ..... ....� ..,.. ..... ..... H.Yd/Pa PO63D u GRADE PE.AKSTAR-iE+',00 OROD -16+20.00 905.. :.........:.........:....... $ a a9 : n TA 'R� -•fi0 OO ¢NC AE I B.Sro .. a �..:.. +^. .. ..:.........:.. . . ..,.. ..... ..... ...8..:.... ..... ..... ..... ..... ..... ..... . 905 :.. . o o + 900 : OPOSED: 900.. :.........:.........:.........:.........:........� .. .....W AE...:.........:.........: I ..... ..... 1 .................................... ...a.......K.... ..... _ ..� ..v.....;........�....... ..... ..... ..... ..... ..... : n :• `sA 895 : i i i :....... FIT 895 •.................... '.... . ' 1 ..... ..... v...:... 1...:.. :.. :.. a e.:. Y n Ewsr);D bbz B CR cRan�: aobz :..890..:.........: ...: ........:...... '— -razz a6oa _a2sK s69s a� yam. .4�X$ .. .. OH TRR.l .... •,Qi k,.. ...., -O Sns 0 EanTRUCCON• 885 — — Eyisrtirs TXauno .........,. .••.... ., ... .........................a. .. .�....... ..... ..... ..... ., ..•.. ..... ..... ..... ..... ..... .........�. .. ....- ..... ...., .... ..... ..... .,,.. 865 4111 ebTanou TRAa em:sTRlierav :..860....... ....:.........:.........:.... �� g........:.........:.....i s......,._:.........;,..,...............:....... :. 3.....:........ .. ..... 9 ..... ..... ..... ..... ..... ..... 880 g a i ,rd .. %d W >... 875 H+00....11.50 ...........................................14+00 .....:.........:.........:.......4*00 ...14+50......:.......17+50....19+00......:.........:.........:...................: 0+40 GSO 1+00 HFi0 TORSO H+00 H+SO 12+66 12+50 ❑+00 1]+50 14+OD 14+50 15+00 15+10 {6+00 16+30 {71 C0 17450 18+00 IRISO 19400 19+50 PI$NEERenginemng wl�)•uu RR s Rn.w.�.rPm —�R„ct'�•"'""• .o-iRRnT a <n9I E15VDEVELOPMEACCO.,LLC. SAPPHIRE LAKE 4TH ADDITION > Ic'+ R"R ire H:iFa:.rvsslin `•,eY• ,”"' , .,.ne.la.:mini:.Tw�.:'7>� F..Lu.. TRAIL CONSTRUCTION IRelcRvtxsmETrw 5.1 DI 24 "v��'V`^" �"�_ L4a[YIL4.[Ln}514 %V51\DTOR.IL4 04+.n....n.ay.... 9 I Lill r t 1 1 t Yt T 1 Yv - TO cTRucROtl T YT �) f -•� `�\ STA lei.4 / GOVL'ECT TD SPRUtC V/ —FT 4C(WSIRACIID!J NOTFO r \ SINN / . SEE CITY PRATES HD.STI-Ol-S1R_p4 FOR l I" d'eliVulJOUS tRA'L / CUR EEB AHD LATEEN DETAILS T. SCE[IN PLATES N0.SM-05-SER-07 FOR � V'� ` TYPJCAL STREET SEoTiousA S SEE WY PLATE 110.SIR-17-SV-E0 FOReEOit '� �• � / 4. SEE CC CITY PLATE HHs,R P1 F09 TRFL AND SOEwAD(sfcr011S hllu-9+Tottm9AYs�-_ i®8 p I _ /' ..fes .� x.afNl OIGPIOC N8T BTT.CH MARKS TOP NUT OF RYDRAHT AT SE C09hER a LOT 7.BLACK 1 T4 moAD01R04. %0-69].42 TOP RUT OF HYDRANT AT SL CORNER OF LOT 5,OLOCK 4 FR 2•b ADDM04, ............... ................•.,..•..,..........................................,........................................,..,....., QACKYARDTRAIL _ LTsw9oasR ...9!5 ..... � ..:. 9f0..:.........:.........:.........:................... �� i.. c i i i i i 910 905 i : 900 o 8 c 1 j 695 : t .. .... ..... ... .. 895 Q a .ROP :..$90..:.........:.........:.........:. .......:.........:.........:......... ....... ..... ..... ..... ..... ..... ... ..... ..... ..... .....$J a...`r. 3 890 68 5..:......... .........:........ ......... .. ..... ..... .. ..... B5 ..:.. .:.. .:.885,. :..880..:.........: :.........: . E' ...... ......... .................. .B80.,..... ..... .. ..... ..... ..... . . .. ..: 875 . ........ ......... ....:.... . .. ..?!�rd ....:.........: . ..... 675 19450 20100 20150 211W 21!50 24400 22450 2l1O0 231 56 24100 21150 25+W 25f50 Odf00 28{50 2]4W PMNEERetoneeHng fRLren.Letp',i 1bTI MR.wJ4 'N ipsJ n:.�...i wa'1 n•v �n q ou ra I•;, llLLff�� !'F�•.tit-uJe .�. Q7W DEVELOPMENT CO„LLC. SAPPHIRE LAKE ATfI ADDITfON L4n,La �.�n ,. �,1�J t>�+�., TRAIL CO.�'STRUCI'I6N 4mAy�!nJ sm�-rw 5,2 of 24 •-`� a+— U E LLE rPR,t4R1 15Wm'tRD%,AIY (2) TYPE III (i)TYPE III BARRICADES BARRICADES (2) TYPE III 7- ........ cl) -=7 BARRICADES Ct ST T-: 4- �' TIM o 7 F,7 r --Z-1�1 . I OUnDT A EX.NATURAL J, AREA)(NA)SIGN (TYP. el 4 0 IN PROPOSED STREET EX, STREET LIGHT NOTES, 1, SEE CITY PLATES GEN-04 - GEN-08 FOR (TYP-) LIGHT(TP.) 2 V STREET LIGHT DETAILS 2. SEE CITY PLATE SIR-24A FOR BARRICADE x- ----- DETAILS -13 FOR NATURAL . SEE CITY PLATE GEN AREA SIGN 443 :1 ,?D 3 NATURAL AREA NA). SIGN -T---I-- TYP II SIGNAGE LEGEND I , I 04 1 1 RI-1 36%36" > L-------- 2 BENCH (90 No TOP NUT OF HMA T I sr CORKER OF LOT 7.B I iq AUDm GRAFMIC SCALE IN 1= D�V-97.42 To,kW W WMRANT AT&F PISNEERengimeeHng CORN01 M OF LW A.BLOCK 414 M -77�--- JW DEVM-OPMENT CO LLC. SI0NA0E&STRWrLIOHT1N0=N7" SAPPHIRE LAKI14TH ADD17ION 1 6.0=-f24 �z �Y OR 0'3 ig J t z� � mot K w�5 F A Z �3fW_ _____________________ ________-------_---_____—; Z ' I •-.,, � � � 3Atl 3N.lvJ5t9 3aN.h3 1 W 6 j a I I U I I I I QE '..,! �� u ..`ice\ Zj !'�\ � \�• r 1 3 -- ---------- Ali -- j `\`• \1 , Ie_�°lS i ------- 1 9 1 I r�--------4 i E I f� Ir `,� 'I•ti \� I• li �1 ( ,; I fiY I�� t}.�� ^� f I _. W y• ip.� !� / f1 / I r % ) SKTET a 2n RLll01F k DISPOSE OF } R-2 eTA`:DA934 'r 5 , rOT NOM: LO' 6]'Uxe eabx sr.4F elneo4ous i � � , lnz An=a: a.M�5r 1 A� e / 1 Pro, It" Itra KK: t3'fl4 U6[49'LrA/!X Si1E) _:f 111 l�ji1,f ADDITION 6 , , m SCE, S sc C4 WA:E K AL'{TNCTJ°ES 3:S t ri I I 4 4]\�:TL 2 NESUNID SD A4F4•L[[IrV.2S, Jm I I I I u� \\ I l I.i l l l i l NAi-669.60 P,//5 4( r°A � J•,r aP r yY° e 40n[Sr CaW wtoF+Hl 'jiflf E'a11� rr j Dune=Bao 4 p i� �I i� �i i 1 I AFT\0.-IOLla7 AUR n'\ Y/r �! 4 i luaS9T FId3L H'xt+]H 5104, W660 / ASPiYD SLIGr 4 IF:I e -E3dL i3jC 8A94 BOTTOM 1.61 ADDITION o 7e ArA1OOF 8 O:SPOSE GF "• Po �. t • "'; 6162 Si.Or glVu•NOUS / g /J pp r r '.�.�J' /. �a-Uw $ '� �^ q+N�y 1 '.•'r4�Bl .f 3�!}IfT �r � punET+ ...-" y6°eb • 4A / J ^, a� � ,.• �,,�.. - NOTr, i f�rAz-' /' re cAA k#O m;".Uaro.4 fifOVA COON W.—C-1 NIM ADDIRON CMITRUOrNI i`eti.69SA',t.�.-�.�-1• �h9g¢ T'p9 , � •:..y�p\•�•• �`!� .� /i 1i6" tltt 69A.a1 �i�"��' r / T:'�' ti.�• ....:? r o'� , �Oltl° OO' BNre'Sy'Qr.9° $ g 8 T' T� v 4 O3 / 60• , .l�y4T' •..1�,r" �_ / °poQ�„�t�G r�-� rl:'"q_`: � 8 - e /5 r°�,r hyh° "q eq� d.{e''•• i' `r•:tO SW�r�. yy4•\ tjyz` maw -- roe 5 0 fi"e SP 4th \ />rI�- -- `r,% ak ADDITION b§ tf 4fa , S VO'/�'i• N �� .may/�d"r /. / S � rg \ .' r •6Y ve / . I i�/� rtD!r _•u• - •l �y� OUTLOT C 6�• T� > z r I ! I / .�c �.:., OV'lleT=baso ,✓ �� �za. 01 q. •.! .. H'M•66 / ':D•� 1'.r}A'�'r5 NET VOL=LBl]AdrT STOR..-0 AT K] A'OTG ODEOR A IX TTOM VAIIE J .m�Tm i+ ( ... :K►aa>,n ,�..,� 6"' vK� fes... �•, y.` t.1- ec nuA-Acuff : .., ice %,NEnAwlnITrrr I A CRM=wi it �f.' '• f•\;r.Vit. .F; .•R � //�J` T 'aTc.eesbo ...., ,,; �� •�f'� .. ] __4>r'ait/'-ate--tl - _ li /,� _• ____.._. ._---_.+>- ..,-`-r."=/.'-r+a,�/�Pr1=-';�,j`T,-._j tT:T"-;'r-.i,Ya'}--- _r_._____.._---. �`} cArt�f,(,; •!�` 26 60 100 SIN"•- O .� lER?y'-0 SUi: \� < WAPHIC scALE IN Fl=. MARKS C• .?qU BELCH••"ntltLL'�� TOP RCT OF HWIA4T AT SL CMV OF LOT 7,BLOCK 1 14 24O . ., .n AOWT•ON. Q•-697.12 PI�r H 'Renginee��ng TOP IOTT OF OT 6,BL ATS C TOP MI ti Lor 6,6T AT S_IN 3A9 Aoo.r. - ,. •..o.......:.a...e.. LTLY-9x%191 - zuTrm.!kus. a:Hl HJWDHVPL0Phfl3KTCO.:LI_C. m.,sorf:lAwfrvsarsi r^'r"r"r� ..+y...�..1"re°°�'..:e •'•", ••w•• GRADIAIG PLAN tlTlmrrr ETagrw SAPPHIRT3 LAK84TH ADDITION Gle 24 v.p•rmseH^� Tw 14YH - ��xNvn-t�.t.;r.0:i rw.snroTBv,an 9a.._,. iO4 .. S90 It 393 894 &-.—R-z ...•. i• rr.r:.—,__"_ 36 _ e _� / ; tt•n tk- to'(8i VZ9) LOW.Sr iR.T9VT 5n1ACK: by Ir]'tr_m R3`Cr%AI%ETL) �/..'.. � 4 3• r s.CO 3• G �~ a a I I u m �.. / ;��,`( I Ff R SET9AC(: 6' ' � � r A r i % 9'3 9!! 9 6 /•.'� ` �/ Na,yUU lD!COSERAC{�ALL�TFICT rt[S]LS �$ � � dv es,r. .. I 1 � { „; ,•�J/r , ia+cr'D91i<w�.�s:�ijLA S]A1Ei q ) M 8002 mt 11l 10 19nE5T C.O."!.G:EN".Ik $LASOR.L BEd9 � � rr1 ed� � • 'R NTORE Pua t �'f/ --1�1 /r G.R + ' OMD C9NSTRVC80N 3ROh4 E m AIC / %r SHSao AoOMMomr�tovmucnw 4t12 7 y ADDITION A-, /:': d •/ -I it y a r' / /I (!i• ; t'�/ /,�•/7/ /�\/ e'e0 N oaf / N \fY. �•:•6�... I l \ I•ti• � i � .� � /_"_ �P, A• .I: .' .ewn'srnn sp YI ^1 / F/• J �, / n J NM.-880,76 p." r F N t '411 / 1 �XCaA CQ945 SEF.T.O!f PRNATE YA'r VOL—t 279 A4g7 \� USI:BfE�B7.10 SIOR.VOL-1.P9d AC•F7 80 Q e f r '' t• ,/ r NOTE OVER C1ICAVA g r (rJ $ �'g •] A-AE un •r /�/� x, \ '� + iJ r } ! t` • / / UM CROSS SEC-01 PRIVATE O 7 ! ••T:•{ / l / RAD NESi:BTE-ddLOD 77 o�9 �5 1 • / { + I 3rd ' )�'" +•' fir,'`' ' / ADDITION ./ .C �ti ,fJ •i ���` ./ ' �' "•'I I c /3 +o9S % B y ' ' 09yb h AraS)�yf� 1�.J�J•"� r `I\ \r /� !r r �q t / / 1 �•I \/ C'\ I / n/ g dis ." o •,6 yK.)y/ ytl A,f� M"CROSS SECRW.R 1 j BrE-886.20 ' , [J ,�" •. • Iii! �J uy c r3)'/' •,��•..r /j`i` it�'��.,p I f. 4th t• - --� ORAI•ffiC 86AL8 W EECr S f I I I mck Man ADDITION ,,/ 'C'� I / /( TOP NVr OF OT 7.EFL AT S.L COR-0 OF LOT 7,BLOCK 1 N 2:0 ADDITI �897 42 FI�NEERengineeri>tg I TOP NUf OF OT$,RT AT S.4 1 a€rall MOMO of or s,eLax s iy av AOom4k. HILI M41Nf ^,W,b!•e�mfP•M�I.a t�9n (a.v z,n na.• r.�ns,n,a _ q•, �.+St o:,G.�... 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P(R PNH STREET SECRGrP SPL 1T ENTRY WALKOUT nTr,Cu SCCidi!!Ir01 TO Scm) PMNEERenomming rmee wu441-ilu wl....x•�P�7 fr Sloer�. HJW DHVHLOPt\SE&rCO.,LLC. »tee GRADi>\G ABTAiLS ull1M1RsmnT9( Sr1PPHlRH LAKE 4TH ADDITION Gq�24 1.�66y11AE,\TH S,v)t6 r.4e\uvmoR,>,� zSp.S. M � �, ga 4 G - �,•• %^,• _~ '`•\G „'\1.:.1_.,i -:•11•`�;'�- O i i:� _ i� -•'� _ ` { - ..^."� .:�v _ � ill za 411 -off--.. _.. _ \ �\..:=-��`�, � • r i I - J I. -•SII .-I ,.,-=i�,%i ": -:. --r•�`•r:-`1—VT'7�` >�_--_�' \ .• J mpg �f.A•�,.;:_�'• '�``;='•1``-'•. V -!`y�li l�liii`,;'I _ :_. ,;c.;;`.!.•7. ',���/ �� ~';�' � •4' I '_ � - �T� iJ Ili � III� i '�1' y ` r. AI -71 NMI so y\ F ^'' i,l 1 ;II � II VIII ' i�' :• I �'— 'may .I I •.� �-•i I;I ! 'ii i 1�`'i'!iii�\\ IR,V.�i~i;� i�Jl 4 � �4�•s Irk '- t` '!G I' ,�\ \\���+ i i I ii 41 �4 V P'I1 :� I � � "`•��kl. '9$p ,,y'��u€Lo� d`p;�'yP` 'RE { R'0 \ ���1 ✓1\ i t I ;.. ��i \ f 6'YLa 45 FE p e I V \ ti` i' .. P, \\��\, \ ``¢fiS ,\• ;I-�.. g �pjRre u S, `nay �_3?'a 6 to a � � �• �` !8 l7 ( �S F C�j �R 9a����GC 2 1p; �3 6��� � G� ��� `�'.Y';�y \ \ •;' ! B"�8 ;€ xg Yx a R'G g� qgg� � ; ;•`�..•.i,'�s.J o-�.=-'c..�_ _ \�\1 i g 684 � ¢a t� 9i tl$ F ta=a � � '•'\ � -�.:'--`"v \'` .-�`�'I ° It x gg c 9F x a Eg � x � F �a 8 g � r• -�\ r ;�,\ I '\' \, - � li'� ��•• � RS d �t S �fl; � d 4 � gopG � E _ � P}`P_�'�� ` ��. ! Ii� tT'e S ae � �a � 9 E i 3 i i - Jt— \ '` ,�G� "6•e` ! it , "r r � a � CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON o 651-28o-6800 FarmingtonMN.gov TO: Planning Commission FROM: Tony Wippler, Planning Manager SUBJECT: Open Meeting Law DATE: February 8, 2022 INTRODUCTION Organizational matters are normally handled during the Planning Commissions February regular meeting. As part of these organizational discussions it is important to review the Minnesota State Statute as it relates to open meeting law. DISCUSSION I ncluded within the packet please find information regarding open meeting law as provided by the League of Minnesota Cities. As the Planning Commission is a publicly appointed commission, it must comply with Open meeting law. ACTION REQUESTED Review the attached information and ask any questions that the Commission may have. ATTACHMENTS: Type Description © Backup Material Open meeting law information RELEVANT LINKS: 11. Open meeting law See LMC information memo, Meetings of City Councils, A. Purpose for more information about the open meeting law. Minn.Stat.§ 1313.01.St. The open meeting law requires that meetings of public bodies must Cloud Newspapers,Inc,v. Dist.742 Community generally be open to the public. It selves 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 improper influences. • Ensures the public's right to be informed. • Gives the public an opportunity to present its views. B. Public notice See section I-Types of Public notice generally must be provided for meetings of a public body council meetings and notice requirements.Minn.Stat.§ subject to the open meeting law. The notice requirements depend on the 1313.04,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.Stat.§ 1313.01,subd. At least one copy of the printed materials relating to agenda items that are 6.DPO 08-015.DPO 17- 006.DPO 13-015(noting provided to the council at or before a meeting must also be made available that the open meeting law"is for public inspection in the meeting room while the governing body silent with respect to agendas;it neither requires considers the subject matter. them nor prohibits them"). Minn.Stat.§ 1313.01,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.Stat.§ 1313.0 1,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. Minn.Stat.§465.719,subd. The open meeting law also requires meetings of a public body or of any 9. committee, subcommittee,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 development authorities, and city-created corporations are subject to the open meeting law. League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 12 RELEVANT LINKS: Southern Minnesola The Minnesota Supreme Court has held,however, that the governing body Municipal Power 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 Moberg m,.Indep.Sch.Dist. The open meeting law does not define the term"meeting."The Minnesota No.281,336 N.W.2d 510 (Minn.1983).St.Cloud Supreme Court,however,has ruled that meetings are gatherings of a Newspapers,Inc.v.Dist. 742 quorum or more members of the governing body—or a quorum of a Community Schools,332 N.W.2d I(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.Slat.§412.191,subd. For most public bodies, including statutory cities, a majority of its I. 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-GA 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. All closed Minn.Stat.§ 1313.05,subd. meetings (except those closed under the attorney-client privilege) must be I(d). 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. DPO 14-005.DPO 13-012. The commissioner of the Minnesota Department of Administration has DPO 06-020.DPO 14-005. See The Free Press v.Counly advised that a member of the public body(and not its attorney)must make of Blue Earth,677 N.W.2d the statement on the record. The commissioner has also advised that citing 471(Minn.Ct.App.2004) the specific statutory authority that permits the closed meeting is the simplest way to satisfy the requirement for stating the specific grounds permitting the meeting to be closed. League of Minnesota Cities Handbook for Minnesota Cities 12!2912021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 13 RELEVANT LINKS: (holding that the county's Both the commissioner and the Minnesota Court of Appeals have statement that it was closing a meeting under the attorney- concluded that something more specific than a general statement is needed client privilege to discuss "pending litigation"did not to satisfy the requirement of providing a description of the subject to be satisfy the requirement of discussed. describing the subject to be discussed at the closed meeting). Minn.Stat.§ 1313.04,subd. The same notice requirements that apply to open meetings also apply to 5. 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.Stat.§ 13D.03,subd.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.star.§§ 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. Minn.Stat.§ 1313.03,subds. After the closed meeting, a written record of all members of the city I(d),2. Dro 05-027. council and all other people present must be available to the public. The Dro 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. 2. Not public data under the Minnesota Government Data Practices Act Minn.Stat.§ 13D.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. League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 14 RELEVANT LINKS: 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 internal-affairs data relating to allegations of law-enforcement personnel misconduct. • Educational,health, medical,welfare, or mental-health data that are Minn.stat.§§ 144.291-.298. not public data. • Certain medical records. Minn.Stat.§ 1313.05,subd. A closed meeting held to discuss any of the not public data listed above I(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 I(d),2(b).DPO 03-020. (Advising that when a consideration"of allegations or charges of misconduct against an meeting is closed under this individual subject to its authority. This type of meeting must be open at the exception,Minn.Stat.§ 13.43,subd.2 requires the request of the individual who is the subject of the meeting. government entity to identify the individual who is being discussed). If the public body concludes discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations that are 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. 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. League of Minnesota Cities Handbook for Minnesota Cities 12/2912021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 15 RELEVANT LINKS: 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 10-00 1. 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,§ 13D.05,subds. A public body may close a meeting to evaluate the performance of an I(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). B,nine,•rl Dai/v Dispatch, 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 Madel;642 N.W.2d 729 privilege against those served by the open meeting law dictates the need (Minn.2002).Northwest Publications,rne.i� Cuv of for absolute confidentiality. St.Paul,435 N.W.2d 64 (Minn.Ct.App.1989). Minneapolis Star&Tribune The need for absolute confidentiality should relate to litigation strategy v.Housing and Redevelopment Authority in and will usually arise only after the city has made a substantive decision and for the City of on the underlying matter. This privilege may not be abused to suppress Minneapolis,251 N.W.2d 620(Minn.1976). public observations of the decision-making process and does not include DPO 14-005.DPO 14-017. situations where the council will be receiving general legal opinions and DPO 16-003.DPO 17-003, advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 16 RELEVANT LINKS: 6. Purchase or sale of real or personal property Minn.Stat.§ 13D.05,subd.3 A public body may close a meeting to: (c). • Determine 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. Pik v. Wild Rice Watershed 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 a 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).Dro 08-001. meeting. The actual purchase or sale of the real or personal property must Dro 14-014• be approved at an open meeting, and the purchase or sale price is public data. 7. Security reports Minn.Stat.§ 13D.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, sei vices or infiastructures 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 12/29/2021 Meetings,Motions,Resolutions,and ordinances Chapter 7 1 Page 17 RELEVANT LINKS: G. Common issues 1. Interviews Channel 10,Inc.y.hrtlep. 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. Mankato Free Press v.City The Minnesota Court of Appeals considered a situation where individual gfNorlh Mankato,563 N.w.2d 291 (Minn.Ct.App. councilmembers conducted separate, serial interviews of candidates for a 1990• 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. Mankato Free Press v.City On remand,the district court found that the individual interviews were not ojNortlr Mankato,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 Newspapers,Inc.a The Minnesota Supreme Court has held that informational seminars about Dist. 742 Conrnnnrity 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. Commonly, 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 Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 18 RELEVANT LINKS: These committees are usually advisory, and the council is still responsible DPO 08-007, 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 relevant in 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 function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. DPO 05-014. For example,the commissioner of the Minnesota Department of Administration has advised that"standing"committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or "ad hoc"function. DPO 07-025. 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 fi-ee-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 v.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). DPO 07-025. 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 from 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. League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 19 RELEVANT LINKS: 77ntnra y.xroschel,506 Notice for a special meeting of the city council may be needed if a quorum N.W99 d 14(Minn.Ct.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.G.Op.63a-5(Aug.28, Based on this decision,the attorney general has advised that mere 1996). 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 St.Cloud Newspapers,Inc. Social gatherings of city councilmembers will not be considered a meeting Dist.742 Community Schools,332 N.W.2d 1 subject to the requirements of the open meeting law if there is not a (Minn.1983).Mobe,gy. quorum present, or, if a quorum is present,if the quorum does not discuss, btdep.Sch.Dist.No.281, 336 N.W.2d 510(Minn. decide, or receive information on official city business. The Minnesota 1983).Hubbard Supreme Court has ruled that a conversation between two city Broadcasting,hic.r.City of Afton,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 t�Indep.Sch.Dist. The Minnesota Supreme Court has noted that meetings of less than a No.281,336 N.W.2d 510 (Minn. 1983).Dro 10-011. quorum of a public body held serially to avoid a public meeting or to Dro 06-017. fashion agreement on an issue of public business may violate the open meeting law. Mankato Free Press n.City The Minnesota Court of Appeals considered a situation where individual gfftrth Mankato,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 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 20 RELEVANT LINKS: Mankato Free Press to City On remand, the district court found that the individual interviews were not of North Mankato,No.C9- 98-677(Minn.CL 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.Cloud It is not clear whether the participation of a quorum or more of the Newspapers,lite.v.Dist. 742 Comnurnki,Schools,332 members of a city council in a training program would be defined as a N.W.2d 1(Minn. 1983)and meeting under the open meeting law. The determining factor would likely A.G.Op.63a-5(Feb.5, 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 I6-006. 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 Moberg v.Indep.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 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 71 Page 21 RELEVANT LINKS: O'Keefe v.Curler,No.Al2- In contrast, an unpublished opinion by the Minnesota Court of Appeals 0811(Minn.Ct.App.Dec. 31,2012)(unpublished 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 term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook,Linkedln, 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 councilmembers 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 rf-G4-seriala,ee,ings• It is also important to remember that serial discussions between less than a quorum of the council could violate the open meeting law under certain circumstances. League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 22 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 Minnesota 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 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 Management,for more information about records Gmail 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 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 23 RELEVANT LINKS: H. Advisory opinions 1. Department of Administration Minn.Stat.§ 13.072,subd. t 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.stat.§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. I. 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 up to$300 for a single Claude y.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 2. O'Keefe v.Carlen No.Al2- 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.Stat.§ 13D.06,subd. The court may also award reasonable costs, disbursements, and attorney 4.See LMC information memo,LAICIT Liability 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 information about insurance coverage for lawsuits under defendant only if the action is found to be frivolous and without merit. 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 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 24 RELEVANT LINKS: Minn.Stat.§ 13D.06,subd. If a party prevails in a lawsuit under the open meeting law, an award of 4. 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.§1313.06,subd.4 No monetary penalties or attorney fees may be awarded against a member (d).Coahvell v.MturaV, No. C6-95-2436(Minn.Ci.App. of a public body unless the court finds that there was intent to violate the Aug 6, 1996)(unpublished open meeting law. decision).Elseth v.Hille, No Al2-1496(Minn.Ct.App. May 13,2013)(unpublished opinion). Minn.Stat.§ 1313.06,subd.3 If a person is found to have intentionally violated the open meeting law in (a).Brown v.Cannon Falls Trvh.,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.§ 1313.06,subd.3 If a court finds a separate,third violation that is unrelated to the previous (b)' violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case Minn.Const.art.V111,§5. of any other vacancy. Under the Minnesota Constitution,the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. To constitute malfeasance or nonfeasance, a public official's Jacobsen v.Nagel,2S5 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 Tinp.,299 Minn. 170,217 N.W.2d 502(Minn.1974). that does not comply with its requirements would be valid. Hubbard Broadcasting,hnc. v.City ojAfton,323 N.W.2d 757(Minn.1982).In re D& A Truck Line,/nc.,524 N.W.2d I(Minn.Ct.App. 1994). League of Minnesota Cities Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 25 RELEVANT LINKS: Lac Qui Parle-Yellow Batik Minnesota courts have generally refused to invalidate actions taken at an Watershed Dist.v. 111611schloger 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 opinion).DPO 11-004. Quast v.Knalson,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. III. Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city's problems and help create support for programs suggested by the council. Minn.Stat.§ 13D.01,subd. 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 08-015.DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or Minn.Stat.§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 overrule 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 Handbook for Minnesota Cities 12/29/2021 Meetings,Motions,Resolutions,and Ordinances Chapter 7 1 Page 26