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HomeMy WebLinkAbout02.12.24 RRC Packet Meeting Location: Rambling River Center 325 Oak Street Farmington, MN 55024 RAMBLING RIVER CENTER ADVISORY BOARD Monday, February 12, 2024 9:30 AM Page 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES 3.1. January 8, 2024 Draft Meeting Minutes The advisory board is being asked to review the attached draft January 8, 2024 meeting minutes, make any corrections needed, and then approve the meeting minutes. Agenda Item: January 8, 2024, Draft Meeting Minutes - Pdf 4 - 6 4. PRESENTATIONS 5. BUSINESS ITEMS 5.1. Elect Chair and Vice-Chair Agenda Item: Elect Chair and Vice Chair - Pdf 7 5.2. Arts and Crafts Fundraiser Agenda Item: Arts and Crafts Fundraiser - Pdf 8 - 9 6. DISCUSSION ITEMS 6.1. Open Meeting Law Review Included in the packet is information about the open meeting law that was put together by the League of Minnesota Cities. Board members are asked to read the open meeting law information prior to the meeting, come prepared to discuss, and ask any questions you have. Agenda Item: Open Meeting Law Review - Pdf 10 - 28 6.2. Advisory Board Bylaws Review Board members should review the ordinance and bylaws prior to the meeting, come prepared to discuss, and ask any questions you have. 29 - 35 Page 1 of 46 Board members should review the ordinance and bylaws prior to the meeting, come prepared to discuss, and ask any questions you have. Agenda Item: Advisory Board Bylaws Review - Pdf 6.3. Rambling River Center Facility Master Plan Agenda Item: Rambling River Center Facility Master Plan - Pdf 36 6.4. Joint Meeting with City Council Advisory board members should be prepared to discuss and identify preferred dates for a joint meeting with city council. Board members should come to the meeting with possible topics it would like to discuss with city council and after discussing narrow the agenda items to one or two. Agenda Item: Work Session with City Council - Pdf 37 6.5. Collaborate with Veteran's Groups Advisory board members should listen to Janke's information, ask any questions they have, and then have a discussion on how, who, and what a collaboration with veteran's groups looks like. Agenda Item: Collaborate with Veteran's Groups - Pdf 38 6.6. Educate Community and Caregivers The RRCAB is asked to come to the meeting prepared to listen to Page's ideas and discuss topics that could be shared with the community and caregivers. The board should also discuss ways and how to educate the community. Agenda Item: Educate Community and Caregivers - Pdf 39 6.7. 2024 Work Plan Progress Advisory board members are asked to review the updated 2024 work plan prior to the meeting and come prepared to discuss, especially the items that were completed. The review also offers an opportunity for the advisory board to discuss work plan items they would like to work on at future meeting. Agenda Item: Review 2024 Work Plan Progress - Pdf 40 - 43 7. STAFF REPORT 7.1. Staff Report Advisory board members should listen to the informational updates and then ask any questions they have about the updates. Agenda Item: Staff Report - Pdf 44 8. ADVISORY BOARD ROUNDTABLE Page 2 of 46 8.1. Advisory Board Roundtable Advisory board members are being asked to come share information or ask questions about items not on the agenda. Agenda Item: Advisory Board Roundtable - Pdf 45 9. ITEMS FOR NEXT MEETING AGENDA 9.1. Items for March 11, 2024 Meeting Agenda This item is for staff and advisory board members to identify possible items for the next meeting agenda. Agenda Item: Items for March 11, 2024 Meeting Agenda - Pdf 46 10. ADJOURN Page 3 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: January 8, 2024 Draft Meeting Minutes Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: Included in the meeting packet are draft minutes from the advisory board’s January 8, 2024 meeting. DISCUSSION: Advisory board members should review the draft minutes to determine if there are any corrections or edits that need to be made prior to approval. ACTION REQUESTED: The advisory board is being asked to review the attached draft January 8, 2024 meeting minutes, make any corrections needed, and then approve the meeting minutes. ATTACHMENTS: January 8, 2024 RRCAB Draft Meeting Minutes Page 4 of 46 City of Farmington A Proud Past - A Promising Future 325 Oak Street Committed to Providing High Quality, Farmington, MN 55024 Timely and Responsive Service to All Of Our Customers JANUARY 8, 2024 RAMBLING RIVER CENTER ADVISORY BOARD MEETING MINUTES 1. Call to Order: Chair Pennie Page called meeting to order at 9:32 a.m. Members Present: Rachel Edwards, Mary Garlets, Pat Hennen, Judy Janke, Marge Koski, Pennie Page, and Blanche Reichert Members Absent: Others Present: Parks and Recreation Director, Kellee Omlid; and Recreation Supervisor, Missie Kohlbeck 2. Approve Agenda Motion by Hennen to approve agenda, seconded by Janke. All persons in favor (APIF). Motion carried. 3. Approve Minutes Motion by Edwards to approve the December 11, 2023 meeting minutes, seconded by Garlets. APIF. Motion carried. 4. Presentations 5. Business Items 5.1. 2024 Work Plan Chair Page reviewed the goals and objectives of the 2024 Work Plan. Discussion to update the date on Goal #1, Objective #1 from February 1 to January 16. Motion by Janke to approve the 2024 work plan with the updated date in Goal #1, seconded by Koski. APIF. Motion carried. 6. Discussion Items 6.1. Arts and Crafts Fundraiser Registration is available online. Edwards offered to sit on the committee, not just as a backup. This is not allowed, as four members together is a quorum. Discussion regarding whether or not to have a health expo in conjunction with the Arts and Crafts Fair. Chair Page asked members to think about it and the board would decide on the health expo option at the February 2024 meeting. 6.2. Rambling River Center Facility Master Plan Director Omlid reviewed the proposed concept plan and phasing with board members. Phase 1 would include the office/entrance, fitness center, bathroom, and patio. Phases 2 and 3 would be flip flopped from the proposal. The banquet room would then become phase 2 and the Empire Room would become phase 3. The plan will be presented at the city council meeting on Tuesday, January 16 at 7 p.m. Neil Anderson, Minnwest Bank, will also be at the meeting to present the $50,000 check for the outdoor patio. All board members are encouraged to come to the meeting. 6.3. Chair and Vice Chair Elections During the February Meeting Elections for chair and vice-chair will be held in February. Board members should be thinking about their interest in these positions. Page stated she has been chair twice and someone else should have a turn. Garlets and Janke responded they would think about the positions. Page 5 of 46 7. Staff Report Informational Updates • There is still an opening on the Rambling River Center Advisory Board. The board asked staff to post a notice about the opening at the Rambling River Center. • The Son’s of the American Legion Omelet breakfast proceeds from the January 14, 2024 breakfast will go to the Rambling River Center. Everyone is encouraged to attend. 8. Advisory Board Roundtable Edwards – Suggestion for Finch and Daisy’s Bingo with Santa is to have staff move behind Santa for better hearing of the numbers. Garlets– Nothing Hennen – Has more puzzle books. Janke - Nothing Koski – Thoroughly enjoyed her time on the board. Page – Have started on goal #8 and potential topics to be presented. Reichert – Questions were answered during the meeting, thanks! 9. Agenda Items for February 12, 2024 meeting • Chair and Vice-Chair Elections • Review Open Meeting Law • Review Advisory Board Ordinance and Bylaws • Rambling River Center Facility Master Plan • Arts and Crafts Fundraiser • Community and Caregiver Education • Veteran’s Groups Involvement at the Rambling River Center • Work Session with City Council • 2024 Work Plan Progress 10. 10. Adjourn Motion by Reichert and seconded by Edwards to adjourn the meeting, APIF. Motion carried. The meeting was adjourned at 10:25 a.m. Respectfully Submitted Missie Kohlbeck Recreation Supervisor and Recording Secretary Page 6 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Elect Chair and Vice-Chair Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: According to city ordinance, February is the month when officers are elected for the advisory board. Officers to be elected are the chair and vice-chair positions. Both of these positions are for a one year term. DISCUSSION: Chair Page will first call for nominations for the chair position. If any member is interested in becoming the chair, they should indicate their interest. Chair Page will continue to call for the chair nominations two more times and if no one else indicates they are interested in the chair position, the nomination will be closed. Once all members who are interested in becoming the chair are known, a vote will be taken for the position. Once the chair is elected, the newly elected chair will repeat the nomination and voting process for the vice-chair position. ACTION REQUESTED: Advisory board members should come prepared to make their interest in either position known. All members are being asked to vote during the election of the chair and vice-chair positions. Page 7 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Arts and Crafts Fundraiser Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Rambling River Center's (RRC) arts and crafts fundraiser is scheduled for Saturday, May 4, 2024, from 9 a.m. - 2 p.m. at the Schmitz-Maki Arena. There has been ongoing discussion regarding adding health and wellness professionals to the arts and crafts fair. DISCUSSION: Potential reasons to add a health and wellness component include bringing resources together for the community, potentially more people in attendance, and creating connections with health and wellness professionals. Questions to be answered include do we duplicate services, who is invited from Farmington, are professionals outside of Farmington invited, is there a fee to attend, do we cap the number of health and wellness professionals, and would it take away space/promotion from the arts and craft vendors. Included in the meeting packet is the list of vendors from the Burnsville health and wellness fair in 2023. Chair Page and board member Garlets attended this event last year and provided the list of vendors to the board and staff. ACTION REQUESTED: The advisory board is asked to come to the meeting prepared to discuss adding a health and wellness component to the arts and craft fair. If the advisory board decides to add a health and wellness component, they should formally approve this. ATTACHMENTS: Vendor List From Burnsville's Health Fair in 2023 Page 8 of 46 Page 9 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Open Meeting Law Review Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Open Meeting Law ( Minnesota Statues Chapter 13D) requires public bodies to meet in open session unless otherwise permitted and provide meeting notices to the public. This law applies to both state level public bodies and local public bodies, such as, county boards, city councils, and school boards. DISCUSSION: This law also applies to city boards and commissions, including the Rambling River Center Advisory Board. It is important to understand the open meeting law and how it affects the work you do as a board member for the City of Farmington. The open meeting law requires meetings of public bodies must generally be open to the public. It serves three vital purposes:  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. City staff is responsible for making sure meeting dates, times, and locations are made public in a timely manner. As a Rambling River Center Advisory Board member, each of you are responsible for and to remember the following in regard to the open meeting law:  Avoid gathering in a quorum (4+ members) outside of the regular meeting. If a quorum is present at a social gather, please do not discuss, decide, or receive information on city business.  There are few exceptions to the open meeting law. The exceptions usually pertain to city council on a limited number of topics (i.e. labor negotiations) that permit them to hold a closed meeting.  Serial discussion between less than a quorum could violate the open meeting law under certain circumstances. Avoid phone calls, emails, texts, and social media to discuss city business to avoid having a serial meeting. Have these discussions during regular meetings.  Any person who intentionally violates the open meeting law is subject to a civil penalty up to Page 10 of 46 $300 for a single occurrence. The public body may not pay the penalty. ACTION REQUESTED: Included in the packet is information about the open meeting law that was put together by the League of Minnesota Cities. Board members are asked to read the open meeting law information prior to the meeting, come prepared to discuss, and ask any questions you have. ATTACHMENTS: Open Meeting Law Information Page 11 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 12 Minn. Stat. § 645.15. See Section I-B-2 for more information about notice for special meetings. State law does not prohibit meetings on weekends. However, state law regulating how time is computed for the purpose of giving any required notice provides that if the last day of the notice falls on either a Saturday or a Sunday, that day cannot be counted. For example, if notice for a special meeting to be held on a Saturday or Sunday is required, the third day of that notice would need to be provided on the preceding Friday. Minn. Stat. § 204C.03. Minn. Stat. § 202A.19. Minnesota election law provides that meetings are prohibited between 6 p.m. and 8 p.m. on any election day, including a local general or special election. Therefore, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between 6 p.m. and 8 p.m. Meetings are also prohibited after 6 p.m. on the day of a major political precinct caucus. See LMC MemberLearn course, Open Meeting Law. II. Open meeting law See LMC information memo, Meetings of City Councils. A. Purpose Minn. Stat. § 13D.01. St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). The open meeting law requires that meetings of public bodies must generally be open to the public. It serves three vital purposes: • 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 council meetings and notice requirements. Minn. Stat. § 13D.04, subd. 7. Public notice generally must be provided for meetings of a public body subject to the open meeting law. The notice requirements depend on the 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 with respect to that person regardless of the method of receipt. C. Location Quast v. Knutson, 276 Minn. 340, 150 N.W.2d 199 (1967). (Holding that a school board violated the open meeting law when it held a meeting in a room located 20 miles outside the school district). DPO 18- 003. The Minnesota Supreme Court has held that, to meet the statutory requirement that meetings of public bodies shall be open to the public, “it is essential that such meetings be held in a public place located within the territorial confines of the [public body] involved.” Page 12 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 13 D. Printed materials Minn. Stat. § 13D.01, subd. 6. DPO 08-015. DPO 17-006. DPO 13-015 (noting that the open meeting law “is silent with respect to agendas; it neither requires them nor prohibits them”). DPO 18- 003. DPO 18-011. Minn. Stat. § 13D.01, subd. 6. At least one copy of the printed materials relating to agenda items that are provided to the council at or before a meeting must also be made available for public inspection in the meeting room while the governing body considers the subject matter. This requirement does not apply to materials classified by law as other than public or to materials relating to the agenda items of a closed meeting. E. Groups governed by the open meeting law Minn. Stat. § 13D.01, subd. 1. Under the Minnesota open meeting law, all city council meetings and executive sessions must be open to the public with only a few exceptions. Minn. Stat. § 465.719, subd. 9. The open meeting law also requires meetings of a public body or of any 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. Southern Minnesota Municipal Power Agency v. Boyne, 578 N.W.2d 362 (Minn. 1998). The Minnesota Supreme Court has held, however, that the governing body of a municipal electric power agency is not subject to the open meeting law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. F. Gatherings governed by the open meeting law Moberg v. Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). The open meeting law does not define the term “meeting.” The Minnesota Supreme Court, however, has ruled that meetings are gatherings of a quorum or more members of the governing body—or a quorum of a committee, subcommittee, board, department, or commission thereof—at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. Minn. Stat. § 412.191, subd. 1. Minn. Stat. § 645.08(5). For most public bodies, including statutory cities, a majority of its qualified members constitutes a quorum. Charter cities may provide that a different number of members of the council constitutes a quorum. See Section II-G-4 for more information about serial meetings. The open meeting law does not generally apply in situations where less 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. Page 13 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 14 G. Open meeting law exceptions Minn. Stat. § 13D.01, subd. 3. Minn. Stat. § 13D.05, subd. 1 (d). See Closing a Meeting from DPO. See LMC MemberLearn course, How to Close a Meeting, for more information There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Under these exceptions some meetings may be closed, and some meetings must be closed. Before a meeting is closed under any of the exceptions, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. DPO 14-005. DPO 13-012. DPO 14-014. The commissioner of the Minnesota Department of Administration has advised that a member of the public body (and not its attorney) must make the statement on the record. The open meeting law does not define the phrase “on the record,” but the commissioner has advised that the phrase should be interpreted to mean a verbal statement in open session. Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. Ct. App. 2004). The commissioner has also advised that citing 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. Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. Ct. App. 2004) (holding that a county’s statement that it was closing a meeting under the attorney- client privilege to discuss “pending litigation” did not satisfy the requirement of describing the subject to be discussed at a closed meeting). Both the commissioner and the Minnesota Court of Appeals have concluded that something more specific than a general statement is needed to satisfy the requirement of providing a description of the subject to be discussed. Minn. Stat. § 13D.05, subd. 1 (d). All closed meetings, except those closed as permitted by the attorney- client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.04, subd. 5. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting, the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: Page 14 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 15 a. Labor negotiations under PELRA Minn. Stat. § 13D.03. DPO 13-012. A meeting to consider strategies for labor negotiations, including negotiation strategies or development or discussion of labor-negotiation proposals, may be closed. However, the actual negotiations must be done at an open meeting if a quorum of the council is present. Minn. Stat. § 13D.03. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Closing a Meeting from DPO. DPO 05-027. DPO 00-037. • The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. • Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. • A written record of all people present at the closed meeting must be available to the public after the closed meeting. • The meeting must be recorded. • The recording must be kept for two years after the contract is signed. • The recording becomes public after all labor agreements are signed by the city council for the current budget period. Minn. Stat. § 13D.03, subd. 3. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public, the court will review the recording privately. If the court finds no violation of the open meeting law the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation, the entire recording may be introduced at the trial. However, the court may issue appropriate protective orders requested by either party. b. Performance evaluations Minn. Stat. § 13D.05, subd. 3(a). A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. Minn. Stat. § 13D.05, subd. 3(a). Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: DPO 05-013 (advising that a government entity could close a meeting under this exception to discuss its contract with an independent contractor when that contractor is an individual human being). • The public body must identify the individual to be evaluated prior to closing the meeting. • The meeting must be open at the request of the individual who is the subject of the meeting; so some advance notice to the individual is needed to allow the individual to make a decision. Page 15 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 16 DPO 14-007, DPO 15-002, and DPO 16-002 (discussing what type of summary is sufficient). • Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. • The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. • At the next open meeting, the public body must summarize its conclusions regarding the evaluation. The council should be careful not to release private or confidential data in its summary. c. Attorney-client privilege Minn. Stat. § 13D.05, subd. 3(b). Brainerd Daily Dispatch, LLC v. Dehen, 693 N.W.2d 435 (Minn. Ct. App. 2005). Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002). DPO 16-003. DPO 17-003. Meetings between the governing body and its attorney to discuss active, threatened, or pending litigation may be closed when the balancing of the purposes served by the attorney-client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after a substantive decision on the underlying matter has been made. Northwest Publications, Inc. v. City of St. Paul, 435 N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & Tribune v. Housing and Redevelopment Authority in and for the City of Minneapolis, 251 N.W.2d 620 (Minn. 1976). This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed action that may give rise to future litigation. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. Ct. App. 2004) (holding that a general statement that a meeting was being closed under the attorney-client privilege to discuss “pending litigation” did not satisfy the requirement of describing the subject to be discussed). • Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. • The council should also describe how a balancing of the purposes of the attorney-client privilege against the purposes of the open meeting law demonstrates the need for absolute confidentiality. • The council must actually communicate with its attorney at the meeting. d. Purchase or sale of property A public body may close a meeting to: Minn. Stat. § 13D.05, subd. 3(c). • Determine the asking price for real or personal property to be sold by the public body. Page 16 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 17 Vik v. Wild Rice Watershed Dist., No. A09-1841 (Minn. Ct. App. 2010) (unpublished opinion). • Review confidential or nonpublic appraisal data. • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. Minn. Stat. § 13D.05, subd. 3(c). The following procedure must be used to close a meeting under this exception: DPO 14-014. DPO 08-001 (advising that a public body cannot authorize the release of a tape of a closed meeting under this exception until all property discussed at the meeting has been purchased or sold or the public body has abandoned the purchase or sale). • Before closing the meeting, the council must state on the record the specific grounds for closing the meeting, describe the subject to be discussed, and identify the particular property that is the subject of the meeting. See Closing a Meeting from DPO. • The meeting must be recorded and the property must be identified on the recording. The recording must be preserved for eight years, and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. • A list of council members and all other persons present at the closed meeting must be made available to the public after the closed meeting. • The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data. e. Security reports Minn. Stat. § 13D.05, subd. 3(d). A meeting may be closed to receive security briefings and reports, to discuss issues related to security systems, emergency response procedures, and security deficiencies in, or recommendations regarding. public services, infrastructure, and facilities, if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed, and all related financial decisions must be made, at an open meeting. Minn. Stat. § 13D.05, subd. 3(d). The following procedure must be used to close a meeting under this exception: • Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. • When describing the subject to be discussed, the council must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. • The closed meeting must be recorded, and the recording must be preserved for at least four years. Page 17 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 18 2. Meetings that must be closed There are some meetings that the open meeting law requires to be closed. The following meetings must be closed: a. Misconduct allegations Minn. Stat. § 13D.05, subd. 2(b). Minn. Stat. § 13.43, subd. 2(4). DPO 03-020. A public body must close a meeting for preliminary consideration of allegations or charges against an individual subject to the public body’s authority. DPO 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee). The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not “an individual subject to its authority.” DPO 10-001. Minn. Stat. § 13.43. The commissioner has also advised that a recording of a closed 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. Minn. Stat. § 13D.01, subd. 3. Minn. Stat. § 13D.05, subd. 1. The following procedure must be used to close a meeting under this exception: Note: There is a special provision dealing with allegations of law enforcement personnel misconduct; see Minn. Stat. § 13D.05, subd. 2(a) and section II.G.2.b.- Certain not- public data. • Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. • The meeting must be open at the request of the individual who is the subject of the meeting. Thus, the individual should be given advance notice of the existence and nature of the charges against him or her, so that the individual can make a decision. • The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. • If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. Page 18 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 19 DPO 03-020. (Advising that when a meeting is closed under this exception, Minn. Stat. § 13.43, subd. 2 requires the government entity to identify the individual who is being discussed). While the law permits the council to announce that it is closing a meeting to consider charges against an individual, it is still the best practice not to refer to that individual by name. The council should state only that it is closing the meeting to give preliminary consideration to allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if the following not-public data is discussed: Minn. Stat. § 13D.05, subd. 2(a). Minn. Stat. § 13.32. Minn. Stat. § 13.3805, subd. 1. Minn. Stat. § 13.384. Minn. Stat. § 13.46, subds. 2, 7. Minn. Stat. §§ 144.291- 144.298. • Data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. • Internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. • Educational data, health data, medical data, welfare data or mental health data that are not-public data. • Certain medical records. Minn. Stat. § 13D.01, subd. 3. Minn. Stat. § 13D.05, subd.1. The following procedure must be used to close a meeting under this exception: • The council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. • The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. H. Common issues 1. Data practices Minn. Stat. § 13D.05, subds. 1(a), 2(a). See section II.G.2.b.-Certain not-public data. Generally, meetings may not be closed to discuss data that is not public under the Minnesota Government Data Practices Act (MGDPA). However, the public body must close any part of a meeting at which certain types of not-public data are discussed. Minn. Stat. § 13D.05, subd. 2(a). Minn. Stat. § 13.03, subd. 11. If not-public data is discussed at an open meeting when the meeting is required to be closed, it is a violation of the open meeting law. Discussions of some types of not-public data may also be a violation of the MGDPA. Page 19 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 20 However, not-public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: Minn. Stat. § 13D.05, subd. 1(b). • The disclosure relates to a matter within the scope of the public body’s authority. • The disclosure is necessary to conduct the business or agenda item before the public body. Minn. Stat. § 13D.05, subd. 1(c). Data that is discussed at an open meeting retains its original classification under the MGDPA. However, a record of the meeting is public, regardless of the form. It is suggested that not-public data that is discussed at an open meeting not be specifically detailed in the minutes. 2. Interviews Channel 10, Inc. v. Indep. Sch. Dist. No. 709, 215 N.W.2d 814 (Minn. 1974). The Minnesota Supreme Court has ruled that a school board must 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 of North Mankato, 563 N.W.2d 291 (Minn. Ct. App. 1997). The Minnesota Court of Appeals considered a situation where individual council members conducted separate, serial interviews of candidates for a city position in one-on-one closed interviews. The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of North Mankato, No. C9-98- 677 (Minn. Ct. App. Dec. 15, 1998) (unpublished decision). On remand, the district court found that the individual interviews were not done to avoid the requirements of the open meeting law. This decision was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process should first consult their city attorney. 3. Informational meetings and committees St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). The Minnesota Supreme Court has held that informational seminars about school-board business, which the entire board attends, must be noticed and open to the public. Page 20 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 21 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. DPO 08-007. DPO 13-015. These committees are usually advisory, and the council is still responsible for making the final decision. This type of committee may be subject to the open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include: how the committee was created and who its members are; whether the committee is performing an ongoing function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. 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 free-speech concerns relating to a political convention, was not subject to the open meeting law. The advisory opinion noted that the group did not have decision-making authority. A.G. Op. 63a-5 (Aug. 28, 1996). Sovereign v. Dunn, 498 N.W.2d 62 (Minn. Ct. App. 1993). DPO 07-025. It is common for city councils to appoint individual council members to act as liaisons between the council and particular council committees or other government entities. The Minnesota Court of Appeals considered a 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.” Page 21 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 22 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. Thuma v. Kroschel, 506 N.W.2d 14 (Minn. Ct. App. 1993). DPO 16-005. Notice for a special meeting of the city council may be needed if a quorum of the council will be present at a committee meeting and will be 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 council members simply attended the meeting but because the council members conducted public business in conjunction with that meeting. A.G. Op. 63a-5 (Aug. 28, 1996). Based on this decision, the attorney general has advised that mere attendance by council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate special-meeting notice of a city council meeting. 4. Social gatherings St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). Moberg v. Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). Social gatherings of city council members will not be considered a meeting subject to the requirements of the open meeting law if there is not a quorum present, or, if a quorum is present, if the quorum does not discuss, decide, or receive information on official city business. The Minnesota Supreme Court has ruled that a conversation between two city council members over lunch about a land-use application did not violate the open meeting law because a quorum of the council was not present. 5. Serial meetings Moberg v. Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). DPO 10-011. DPO 06-017. The Minnesota Supreme Court has noted that meetings of less than a quorum of a public body held serially to avoid a public meeting or to fashion agreement on an issue of public business may violate the open meeting law. Page 22 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 23 Mankato Free Press v. City of North Mankato, 563 N.W.2d 291 (Minn. Ct. App. 1997). The Minnesota Court of Appeals considered a situation where individual council members conducted separate, serial interviews of candidates for a city position in one-on-one closed interviews. The district court found that no “meeting” of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City of North Mankato, No. C9-98- 677 (Minn. Ct. App. Dec. 15, 1998) (unpublished decision). On remand, the district court found that the individual interviews were not done to avoid the requirements of the open meeting law. This decision was also appealed, and the court of appeals affirmed the district court’s decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 6. Training sessions Compare St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983) and A.G. Op. 63a-5 (Feb. 5, 1975). DPO 16-006. It is not clear whether the participation of a quorum or more of the members of a city council in a training program would be defined as a meeting under the open meeting law. The determining factor would likely 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, 1975). DPO 16-006. The attorney general has advised that a city council’s participation in a 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. 7. Telephone, email, and social media Moberg v. Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). It is possible that communication through telephone calls, email, or other technology could violate the open meeting law. Page 23 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 24 DPO 17-005 (advising communication through a letter violated the open meeting law). The Minnesota Supreme Court has indicated that communication through letters and telephone calls could violate the open meeting law under certain circumstances. Best practice to share information with the entire council is to send it to city staff and have them distribute it. If a council member needs to email the entire council, they should use blind carbon copy (BCC) to add recipients to avoid accidental use of reply all which may constitute the initiation of a discussion among a quorum of the public body. 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.” O’Keefe v. Carter, No. A12- 0811 (Minn. Ct. App. Dec. 31, 2012) (unpublished decision). In contrast, an unpublished decision by the Minnesota Court of Appeals concluded that email communications are not subject to the open meeting 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. Page 24 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 25 The open meeting law does not define the term “social media,” but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn, Instagram, and Twitter through which users create online communities to share information, ideas, and other content. It is important to remember that the use of social media by council members could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, council members 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 II-H-5 - Serial meetings. It is also important to remember that serial discussions between less than a quorum of the council could violate the open meeting law under certain circumstances. 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 council members 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 council member 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 council members don’t have a city email account, there are some things to think about before using a personal email account for city business. First, preferably only the council member 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. Page 25 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 26 Second, if the account a city council member wants to use for city business is tied to a private employer, that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a council member’s email communications on the private employer’s equipment or to restore files from a backup or archive. See Handbook, Records Management, for more information about records management. What may work best is to use a free, third-party email service, such as Gmail or Hotmail, for your city account and to avoid using that email 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. I. Advisory opinions 1. Department of Administration Minn. Stat. § 13.072, subd. 1 (b). See Minnesota Department of Administration, Data Practices for an index of advisory opinions. The commissioner of the Minnesota Department of Administration has authority to issue non-binding advisory opinions on certain issues related to the open meeting law. The Data Practices Office (DPO) handles these requests. See Requesting an Open Meeting Law Advisory Opinion. A public body, subject to the open meeting law, can request an advisory 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. See index of Attorney General Advisory Opinions from 1993 to present. The Minnesota Attorney General is authorized to issue written advisory opinions to city attorneys on “questions of public importance.” The Attorney General has issued several advisory opinions on the open meeting law. J. Penalties Minn. Stat. § 13D.06, subd. 1. Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single occurrence. The public body may not pay the penalty. A court may consider a council member’s time and experience in office to determine the amount of the civil penalty. Page 26 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 27 Minn. Stat. § 13D.06, subd. 2. O’Keefe v. Carter, No. A12- 0811 (Minn. Ct. App. Dec. 31, 2012) (unpublished decision). An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. In an unpublished decision, the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law. This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. Minn. Stat. § 13D.06, subd. 4. See LMC information memo, LMCIT Liability Coverage Guide, for information about insurance coverage for lawsuits under the open meeting law. The court may also award reasonable costs, disbursements, and attorney fees of up to $13,000 to any party in an action alleging a violation of the open meeting law. The court may award costs and attorney fees to a defendant only if the action is found to be frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Minn. Stat. § 13D.06, subd. 4. If a party prevails in a lawsuit under the open meeting law, an award of reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion from the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is required to give deference to the advisory opinion. Minn. Stat. § 13D.06, subd. 4 (d). Coalwell v. Murray, No. C6-95-2436 (Minn. Ct. App. Aug 6, 1996) (unpublished decision). Elseth v. Hille, No A12-1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was intent to violate the open meeting law. Minn. Stat. § 13D.06, subd. 3 (a). Brown v. Cannon Falls Twp., 723 N.W.2d 31 (Minn. Ct. App. 2006). If a person is found to have intentionally violated the open meeting law in three or more separate actions involving the same governing body, that person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Minn. Stat. § 13D.06, subd. 3 (b). Minn. Const. art. VIII, § 5. If a court finds a separate, third violation that is unrelated to the previous 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 of any other vacancy. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. Page 27 of 46 RELEVANT LINKS: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 28 Jacobsen v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). To constitute malfeasance or nonfeasance, a public official’s conduct must affect the performance of official duties and must relate to something of a substantial nature directly affecting the rights and interests of the public. Jacobsen v. Nagel , 255 Minn. 300, 96 N.W.2d 569 (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). “Malfeasance” refers to evil conduct or an illegal deed. “Nonfeasance” is described as neglect or refusal, without sufficient excuse, to perform what is a public officer’s legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v. Credit River Twp., 299 Minn. 170, 217 N.W.2d 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). The open meeting law does not address whether actions taken at a meeting that does not comply with its requirements would be valid. Sullivan v. Credit River Township, 217 N.W.2d 502 (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. Minnesota courts have generally refused to invalidate actions taken at an improperly closed meeting because this is not a remedy the open meeting law provides. Quast v. Knutson, 276 Minn. 340, 150 N.W.2d 199 (1967). But the Minnesota Supreme Court has held that an attempted school district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III. Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city’s problems and help create support for programs suggested by the council. Minn. Stat. § 13D.01, subd. 6. Citizens must be able to hear the discussion at a meeting and must be able to determine who votes for or against a motion. DPO 08-015. DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Minn. Stat. § 412.191, subd. 2. Although anyone can attend council meetings, citizens cannot speak or otherwise participate in any discussions unless the mayor or the presiding officer recognizes them for this purpose. Page 28 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Advisory Board Bylaws Review Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Farmington City Code is a huge compilation of laws (ordinances) and policies that have been adopted since 1872, when the city was incorporated. City codes provide answers to many questions, such as how boards and commissions are to function including the Rambling River Center Advisory Board (RRCAB). In addition to the ordinance pertaining to the RRCAB, there are bylaws. These bylaws are intended to identify rules so the board operates consistently, there are clear expectations for members, and the board can function in an orderly manner. They were approved by the city council in 2020. DISCUSSION: Included in the meeting packet are the ordinance and city council approved RRCAB bylaws. ACTION REQUESTED: Board members should review the ordinance and bylaws prior to the meeting, come prepared to discuss, and ask any questions you have. ATTACHMENTS: RRCAB Ordinance (1) RRCAB Bylaws 050420 Page 29 of 46 CHAPTER 10 RAMBLING RIVER CENTER ADVISORY BOARD SECTION: 2-10-1: Board Established 2-10-2: Appointments 2-10-3: Criteria Adopted 2-10-1: BOARD ESTABLISHED: There is hereby established, a Rambling River Center Advisory Board (Advisory Board), the purpose of which shall be to make recommendations to the Park and Recreation Advisory Commission on all matters of broad policy regarding activities, programs and operations of the Rambling River Center. The Park and Recreation Advisory Commission shall advance a recommendation to the City Council on these matters. (Ord. 012-644, 5-21-2012) 2-10-2: APPOINTMENTS: Members shall apply to and be appointed by the City Council as described in subsections 2-10-3(D) and (G) of this chapter. (Ord. 012-644, 5-21-2012) 2-10-3: CRITERIA ADOPTED: The following criteria are hereby adopted: (A) Members; Officers: The Advisory Board shall consist of seven (7) members who shall choose from among themselves a Chair and a Vice Chair. (B) At Large Seats: All seats shall be at large. Membership should reflect the goals and concerns of the Rambling River Center. (C) Qualifications: Members shall be citizens of the United States and shall reside in the City of Farmington, Empire, Castle Rock or Eureka Townships. Members need not be senior citizens. (D) Terms: Terms shall be staggered so that there shall be continuity on the Advisory Board. Members shall be appointed for a three (3) year term, each beginning on February 1, providing for a rotation of two (2) members one year, two (2) members the next year and three (3) members the following year, et seq. Members may be reappointed. (Ord. 012-644, 5- 21-2012) (E) Compensation: Effective February 1, 2018, members shall receive thirty dollars ($30.00) per meeting attended in addition to reasonable personal expenses. (Ord. 018-738, 3-19-2018) (F) Removal: Members may be removed by the City Council. The City Council may consider any recommendations from the Advisory Board or the Park and Recreation Advisory Commission regarding the removal of any members. (G) Vacancies: A vacancy shall be filled for the remainder of the term by the City Council per City Council policy 101-05- 1997. (H) Budget: The Park and Recreation Director or designee shall review the annual operating and capital budget with the Advisory Board. (Ord. 012-644, 5-21-2012) FA192 2-11.txt Page 30 of 46 Page 31 of 46 Page 32 of 46 Page 33 of 46 Page 34 of 46 Page 35 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Rambling River Center Facility Master Plan Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Rambling River Center (RRC) proposed facility concept plan was presented to city council at their meeting on Tuesday, January 16, 2024. Pam Anderson, JLG Architects, presented the proposed concept plan and answered questions. The facility master plan was unanimously approved by city council. DISCUSSION: At the January 16 city council meeting, several council members asked about the benefits of doing the renovations all at once or in phases. Pam presented the pros and cons to each, which city council weighed in on and discussed. There is $740,000 remaining in the FY 2023 Community Project Funding grant. As a reminder, $3,000 was paid to Dakota County Community Development Agency (CDA) to complete the Environmental Review and $7,000 paid to JLG Architects to develop the facility master plan. JLG Architect's estimated budget for all phases is $1,814,500. Thus, additional funding would need to be identified if the project were to be completed all at once. Staff will provide an update on the project at the meeting. ACTION REQUESTED: Board members should come to the meeting prepared to discuss completing the project all at once or in phases, and if all at once, possible locations for gathering and programming for RRC members and non-members. Page 36 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Joint Meeting with City Council Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: One of the Rambling River Center Advisory Board's (RRCAB) workplan goals is to meet with city council. DISCUSSION: Depending on schedules and availability of work session dates, the joint meeting could be the first Monday of the month prior to the regular council meeting. If a date for a Monday meeting can't be identified and/or secured, other options for the joint meeting should be identified. Like regular city council and RRCAB meetings, an agenda is required. ACTION REQUESTED: Advisory board members should be prepared to discuss and identify preferred dates for a joint meeting with city council. Board members should come to the meeting with possible topics it would like to discuss with city council and after discussing narrow the agenda items to one or two. Page 37 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Collaborate with Veteran's Groups Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Rambling River Center Advisory Board's (RRCAB) work plan for 2024 includes a goal to collaborate with veteran's groups for more involvement at the Rambling River Center. DISCUSSION: There are several veteran's groups in Farmington. Advisory board member Janke is connected with a few veterans and will share some ideas on possible collaborations and needs of veterans in the community. ACTION REQUESTED: Advisory board members should listen to Janke's information, ask any questions they have, and then have a discussion on how, who, and what a collaboration with veteran's groups looks like. Page 38 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Educate Community and Caregivers Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The Rambling River Center Advisory Board's (RRCAB) work plan for 2024 includes a goal to educate the community and caregivers on the needs of seniors. DISCUSSION: Chair Page has a list of topics to share with the board. The list includes topics that educate family members, caregivers, and seniors. ACTION REQUESTED: The RRCAB is asked to come to the meeting prepared to listen to Page's ideas and discuss topics that could be shared with the community and caregivers. The board should also discuss ways and how to educate the community. Page 39 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: 2024 Work Plan Progress Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The annual work plan is reviewed at every monthly meeting to measure the progress being made. DISCUSSION: An updated work plan is included in the meeting packet. The updated work plan shows in red what items have been completed during or after the January 8, 2024 meeting. Items in bold black were items completed prior to the January 8, 2024 meeting. ACTION REQUESTED: Advisory board members are asked to review the updated 2024 work plan prior to the meeting and come prepared to discuss, especially the items that were completed. The review also offers an opportunity for the advisory board to discuss work plan items they would like to work on at future meeting. ATTACHMENTS: 2024 Advisory Board Work Plan 021224 Page 40 of 46 Rambling River Center Advisory Board 2024 Work Plan Goal #1: Participate in the process of making improvements at the Rambling River Center. Objectives: 1. By January 16, JLG Architects will have completed a building master plan and the recommendations presented to and approved by City Council. Status: Completed. JLG Architects presented the facility master plan and city council approved it at their January 16, 2024 meeting. 2. By March 1, the Advisory Board will have discussed the outdoor patio, furnishings, landscaping, etc. 3. By May 1, the Advisory Board will have reviewed the proposals submitted for the outdoor patio and Phase One improvements and will make a recommendation(s) to City Council to approve the vendors, equipment, furnishings, etc. selected. 4. By June 1, City Council will have approved the vendors, equipment, furnishings, etc. selected for the outdoor patio and Phase One improvements. 5. By September 1, the outdoor patio will have been constructed. 6. By October 1, Phase One improvements will be completed. 7. By November 1, a ribbon cutting and open house to celebrate the new improvements will have been completed. Goal #2: Review and recommend 2025 Rambling River Center fees and charges to the city council. Objectives: 1. By July 1, review and discuss the 2025 RRC fees and charges and determine if any revisions should be made to the 2025 fees and charges. 2. By August 1, forward recommended 2025 RRC fees and charges to the Parks and Recreation Commission. 3. By September 30, the Parks and Recreation Commission will have reviewed and approved the 2025 RRC fees and charges and will recommend to the City Council to approve them. 4. By December 31, the City Council will have acted on the Advisory Board and Parks and Recreation Commission recommended 2025 RRC fees and charges. Goal #3: Raise at least $10,000 from fundraising events and donations to fund future Rambling River Center capital improvements and/or equipment and furniture purchases. Objectives: 1. By June 1, discuss current fundraising events to see if any changes should be made to the exiting fundraising events and a discussion should occur about creating a new fundraising event. 2. By August 1, assist with and complete at least one fundraising activity. 3. By September 1, assist with and complete at least a second fundraising activity. 4. By October 1, assist with and complete at least a third fundraising activity. 5. By December 31, assist with and complete at least a fourth fundraising activity. Goal #4: Participate in a work session with City Council. Page 41 of 46 Objectives: 1. By February 1, a date to have a work session with City Council will be identified. 2. By May 1, a list of work session topic(s) will be approved by the Advisory Board. 3. By October 1, a work session with City Council will have occurred. Goal #5: Participate in a parks and facilities tour with the Parks and Recreation Commission and City Council. Objectives: 1. By March 1, the Advisory Board, Parks and Recreation Commission, and City Council will have identified a date to have a tour. 2. By June 1, a draft list of parks and facilities to tour will be reviewed by the Advisory Board. 3. By July 1, a final list of parks and facilities to tour will be approved by the Parks and Recreation Commission. 4. By October 1, a parks and facilities will have occurred. Goal #6: Collaborate with Veteran’s Groups for more involvement at the Rambling River Center. Objectives: 1. By March 1, the Advisory Board will have discussed how, who, and what a collaboration with Veteran’s groups looks like. 2. By May 1, the Advisory Board will have identified Veteran’s groups to contact for possible collaborations. 3. By August 1, the Advisory Board will have met with and learned more about the identified Veteran’s groups and brainstormed with them ways to collaborate. 4. By December 1, a collaboration with a Veteran’s group(s) will have taken place. Goal #7: Work with the Trip Planning Committee to offer Tasty Tuesdays in 2024 and to plan future trips in 2025. Objectives: 1. By May 1, receive a report from the Trip Committee on the attendance and trips offered during the first quarter in 2024 and will be offered the remainder of the year. 2. By August 1, receive a presentation by the Trip Committee about the draft list of future trips planned in 2025. 3. By September 1, receive a report from the Trip Committee on the attendance and trips offered during the second quarter in 2024. 4. By October 1, receive a presentation on the final list of trips planned by the Trip Committee to occur in 2025. 5. By November 1, receive a report from the Trip Committee on the attendance and trips offered during the third quarter in 2024. 6. By December 31, receive a report from the Trip Committee on the attendance and trips offered during the fourth quarter and an annual report identifying the total attendance of those attending the 2024 trips. Goal #8: Educate the Community and Caregivers on What Seniors May Need. Objectives: Page 42 of 46 1. By March 1, the Advisory Board will have discussed what and how to educate the community. 2. By April 1, a plan with a schedule of topics, instructors, events, times, delivery methods, etc. will have been developed. 3. By July 1, the first education opportunity will have taken place. 4. By October 1, the second education opportunity will have taken place. 5. By December 31, the third education opportunity will have taken place. Page 43 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Staff Report Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: During each meeting staff provides an informational update that does not require advisory board approval. DISCUSSION: The following updates will be provided at the meeting:  Rambling River Center Advisory Board Opening  RecTrac  Raffle with Farmington Rotary  Rambling River Park ACTION REQUESTED: Advisory board members should listen to the informational updates and then ask any questions they have about the updates. Page 44 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Advisory Board Roundtable Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: The advisory board roundtable occurs during every monthly meeting. DISCUSSION: The advisory board roundtable agenda item provides an opportunity for advisory board members to share information or ask questions of staff about items that are not on the agenda. No formal decisions can be made during the advisory board roundtable. ACTION REQUESTED: Advisory board members are being asked to come share information or ask questions about items not on the agenda. Page 45 of 46 RAMBLING RIVER CENTER ADVISORY BOARD AGENDA MEMO To: Rambling River Center Advisory Board From: Missie Kohlbeck, Recreation Supervisor Department: Parks & Recreation Subject: Items for March 11, 2024 Meeting Agenda Meeting: Rambling River Center Advisory Board - Feb 12 2024 INTRODUCTION: This item is for staff and advisory board members to identify possible items for the next meeting agenda. DISCUSSION: Thus far staff has identified the following possible items for the March 11, 2024 meeting.  2023 Parks and Recreation Department Annual Report  Rambling River Center Facility Update  Arts and Crafts Fundraiser  Collaborate with Veteran's Groups  Educate Community and Caregivers  2024 Work Plan Progress ACTION REQUESTED: This item is for staff and advisory board members to identify possible items for the next meeting agenda. Page 46 of 46