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HomeMy WebLinkAboutWK - February 28, 20231685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV City Council Workshop Tuesday, February 28, 2023 City Hall — Conference Rooms A & B 1. Call to Order— 6:00 p.m. 2. Discuss Opportunity for Ditch 37 related to the Rural Reserve — Engineering/Planning 3. Rural Reserve Discussion — Planning/Engineering 4. Discuss City Council Relations —City Attorney 5. Discuss Community Survey —Administration 6. Pre -Audit December 2022 / January 2023 Community Center Update — Administration 7. Pre -Audit December 2022 General Fund Budget Progress Report —Administration 8. January 2023 General Fund Budget Progress Report — Administration 9. Other Topics 10. Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administr for FROM: David D. Berkowitz, Director of orks/City Engineer Joe Janish, Community Developmen i ector SUBJECT: Discuss Opportunity for Ditch 37 Related to the Rural Reserve — Engineering/Planning DATE: February 28, 2023 The City Council is requested to discuss potential opportunity for Ditch 37 related to the Rural Reserve. DISCUSSION Tim Kelly, Administrator for the Coon Creek Watershed District will be at the meeting to present and discuss a potential opportunity for Ditch 37 as it relates to the Rural Reserve. The following was provided by Mr. Kelly for review and discussion of Ditch 37: Ditch 37 lies in the central part of the city and drains 2,239 acres (5.3 square miles) between the railroad tracks and Round Lake Bld. Ditch 37 is a significant tributary to Coon Creek and contributor of the creeks water quality impairment. To specify the degree of contribution and potential mitigative actions the watershed district, in collaboration with the City will be developing a subwatershed plan for Ditch 37 in 2023 During preliminary study, the watershed District identified a potential opportunity to hold water in the wetlands and ponds in the upper part of the watershed (East of Nightingale and Hanson) thus reducing flow to the lower part (Rural Reserve) and reducing floodplain area. By reducing floodplain within the Rural Reserve, a potential to increase developable area occurs. The amount of the increase is, at this point, unknown. To determine the exact increase in developable land would require additional detailed hydrologic modeling on the part of the Watershed District to determine the conditions and storage capacity in the headwaters and for the City and District engineers to be confident that potential flooding was adequately mitigated. This modeling would be additional work, outside the current scope and grant, but facilitated by the work already planned. To pursue this opportunity would require two actions on the part of the City 1. Willing to cost share on the additional modeling work 2. If the modeling shows a beneficial opportunity, construct the needed water control structures to hold and regulate flow. ACTION REQUIRED The City Council is requested to discuss potential opportunity for Ditch 37 related to the Rural Reserve and based on the discussion direct staff on how to proceed. Respectfully submitted, David D. Berkowitz Attachment: Ditch 37 Location Map OON CREEK �\7ERSHED DISIPI 1 L1S XvE CONS7ANCF 5 ofZ J z _ Public Ditch _ - Private Ditch ' z 0 z z Ditch 37 Subwatershed 0 v1� Ditch 37 Main Stem (4.16 mi) i Storm Sewer (14.4 mi) ���ti ' s Stormwater Ponds (54 total, 15.1 ac) I,.1'!l - K Wetlands (209.3 ac) Andover Rural Reserve (1,002.7 ac) Ditch 37 Boundary (2,239.5 ac) 0 0.175 0.35 0.7 '_'�S � � - � - rY Miles �i„ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Councilmembers CC: Jim Dickinson, City Admini FROM: Joe Janish, Community Development D'fr4tor David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Rural Reserve Discussion—Planning/Engineering DATE: February 28, 2023 During the most recent Comprehensive Plan Update process the City Council determined that the Rural Reserve would be revisited under either development pressure or through a future Comprehensive Planning process. City staff has met with developers who have shown interest in the Rural Reserve area. However, many questions exist for the development related to the vision for the area, traffic impacts, sanitary sewer, municipal water, storm water impacts and flood plain. Developers have expressed interest in developing the Rural Reserve, but have also raised numerous concerns with some of the unknowns mentioned. It is known the development of the Rural Reserve will trigger environmental review. Due to the size of the area, environmental review is expected to be either an Environmental Assessment Worksheet (EAW) or an Alternative Urban Areawide Review (AUAR). Either of these assessments could take 1.5 to 2 years to complete. Staff has worked with a consultant to review the two environmental review processes and developed a list of what studies could be completed today and retain their value in the future and ultimately be incorporated into a final environmental study with limited updating. These studies would also assist city staff, residents and developers in how the property could be developed, by providing answers to the unknowns and expectations. Staff would like to discuss with City Council the proposal(s) from Bolton & Menk related to additional study within the Rural Reserve. ACTION REOUESTED Consider providing direction to City staff. sp ctful ubmi ed, Joe Janish Community Development Director Attachments Bolton & Menk proposal(s) Zoning Map BOLTON & MENK Real People. Real Solutions. ll_t/OTTI\O 1J Date: December 19, 2022 To: Joe Janish Community Development Director From: Kevin P. Kielb, P.E. Subject: AUAR / EIS Review City of Andover Overview 7533 Sunwood Drive NW Suite 206 Ramsey, MN 55303-5119 Ph: (7631433-2851 Fax: (763) 427-0833 Bolton-Menk.com The City of Andover is considering opening up their Rural Reserve Residential area for development and understands the need for environmental review. The area consists of approximately 1,000 acres, with a high percentage of wetlands and floodplain. While several sketch plans have been prepared, no official submittals have been made to the City at this time. Our previous analysis reviewed the differences between the Alternative Urban Areawide Review (AUAR) process and the Environmental Impact Statement (EIS) process. We also outlined several studies and research that could be completed and utilized for either process. This memo is intended to present public infrastructure studies that could be completed at this time. Development Scenario Planning This study is required to inform the other public infrastructure studies. For instance, the types and densities of the development in the area impacts trip generation for the traffic study, usage demand for the water study, and sewage flow for the sanitary sewer study. We will review the area of potential development and create two development scenarios based upon developable land, and considering adjacent land uses, city-wide goals, infrastructure capacities, wetlands, and other obstacles to development. This will include a reasonable development scenario and a high-density development scenario. Cost: Estimated fees range from $15,000 to $30,000. Traffic Impact Study Traffic -related aspects of project construction and operation will be reviewed, including: • Existing and proposed additional parking spaces, • Estimated total average daily traffic generated, • Estimated maximum peak hour traffic generated and time of occurrence, • Source of trip generation rates used in the estimates, and • Availability of transit and/or other alternative transportation modes. Name: JoeJanish Date: December 19, 2022 Page: 2 of 3 The study will include analysis of street intersections surrounding the site. The roadway network will match existing conditions for the opening year and full buildout options. Future year options will use the volumes from the city's comprehensive plan to determine the background growth rate to be applied. Data to be collected to inform this analysis typically includes: • Turning movement counts and ADT information on surrounding roadway network. • Crash data gathered from MnDOT. • Signal timing information from the City or Anoka County. • Trip generation numbers calculated based on existing conditions and full buildout development scenarios. • Proposed roadway network to be determined including number of lanes for roads within the development. • Data related to other proposed developments in the analysis area. The effect of the worst-case traffic generation on traffic congestion on affected roads and any traffic improvements necessary will be described. The analysis will discuss the impact on the regional transportation system. It is assumed the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500 and that a traffic impact study using the format and procedures described in the Minnesota Department of Transportation's Access Management Manual, Chapter 5 will be required. It is also assumed Anoka County guidelines for traffic impact studies will need to be complied with. It is assumed that no traffic impact study effort beyond that required to conform to these guidelines will be required and that only the impacts from the worst-case scenario based on trip generation will require study. Measures that will be taken to minimize or mitigate project related transportation effects will be identified. The mitigation scenarios will look at what changes are needed to the existing roadway system around the site to accommodate the new development. Cost. Estimated fees range from $30,000 to $40,000. Sanitary Sewer System Analysis We will utilize the information from the development scenarios study to calculate estimated sanitary sewer flows from the area. Our understanding is that a new sewer line will be installed from this area to the Met Council interceptor located in Bunker Lake Boulevard. We will use aerial imagery, GIS and LiDAR information to prepare a preliminary design of the sanitary sewer conveyance system. A report will be prepared documenting our findings and will include estimated costs for the future improvements. Cost. Estimated fees range from $15,000 to $25,000. Water System Analysis We will analyze the potential development scenarios to generate an estimate of water usage for the area. We will review the City's Comprehensive Water System plan to determine the water usage that was previously estimated for the area. We will note consistencies, inconsistencies and recommended improvements for the water distribution system. Bolton & Menk is an Name: Joe Janish Date: December 19, 2022 Page: 3 of 3 A report will be prepared documenting our findings and will include estimated costs for the future improvements. Cost: Estimated fees range from $7,500 to $12,500. Stormwater Management and Surface Water We will perform a review of the area related to surface water management, leveraging information from the City's local water plan, dated 2015. The area is on the edge of the Coon Creek Watershed District and the Lower Rum River Watershed Management Organization boundaries. There may be some coordination required between these regulatory agencies. We anticipate that all stormwater will be treated by each proposed development to meet Coon Creek Watershed District requirements. No regional stormwater treatment system is planned for the area. The development area is covered in "floodplain" based on the Local Water Plan (2015). We will review the plan information, as the current FEMA mapping does not appear to show regulatory floodplain in this area. The development area is drained by a county ditch system (ACD 37) plus numerous private ditch laterals. The area will be subject to state drainage statutes. Also, it may be prudent for the City to consider partial transfer of the ditch as development occurs. We will make recommendations related to the county ditch system as a part of this task. A report will be prepared documenting our findings and will include a list of regulatory concerns and potential mitigation measures that may be required for development. Cost: Estimated fees range from $7,500 to $12,500. Bolton & Monk is Andover WA ANA6W --^�L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Discuss City Council Relations DATE: February 28, 2023 ACTION REQUESTED The Council is requested to receive a presentation and participate in a discussion with the City Attorney regarding Council roles and responsibilities. Period review of Council roles and responsibilities is recommended by the City's insurer the League of Minnesota Cities Insurance Trust (LMCIT). The City Attorney will facilitate a discussion with Council to review Council roles and responsibilities. Topics to include, Conflict of Interest and Open Meeting Law. Resources provided by the League of Minnesota Cities (LMC) will be used as well. The following attachments will be referenced: A. General Conflict of Interest Summary B. City of Andover — Potential Conflict of Interest Notice C. LMC Information Memo — Official Conflict of Interest D. The Open Meeting Law Exceptions E. Open Meeting Law — PowerPoint Presentation F. LMC Online Training Courses Also attached for Council review is a recent LMC guidance document titled "A Good Start to Good Governance". This is a document provided when newly elected officials attend the Elected Leaders Ins ' e: Foundational Program. Jim GENERAL CONFLICT OF INTEREST SUMMARY 0 I. Introduction In researching the issue of "conflicts of interest" among elected officials, review was made of the Minnesota State Statutes, various League of Minnesota Cities' publications, caselaw, and Attorney General Opinions. The discussion below includes excerpts from various reference materials reviewed to hopefully assist in describing what a conflict of interest is, when it becomes a disqualifying conflict of interest, and how such conflicts should be handled. It is important to understand that for most situations, there really is no bright line as to what is and what is not a conflict of interest. As caselaw tells, each case is to be determined based upon the unique facts associated with the case. II. Effect of Conflict of Interest Laws State law sets many standards for public officers. Some of the most important and misunderstood are the laws addressing conflicts of interest. There are several different laws of which public officials should be aware. Generally, these laws do the following: • Limit an official's ability to act independently. • Provide the public access to the decision-making process. • Prohibit public officials from accepting gifts. • Prohibit conflicts of interest. • Prohibit officials from holding incompatible offices. • Require public officials to disclose conflicts or economic interests when they do arise. As broad as these laws are, situations can arise that may not be clearly covered by them. It is important to remember that the appearance of impropriety or of a conflict of interest can also be damaging to a councilmember's image and the city's reputation, even if the act is not specifically prohibited by law. III. What Is a Conflict of Interest? A conflict of interest occurs when an individual has a personal interest in a decision about which he or she has the power to make. A prohibited personal interest may be contractual or non -contractual. It includes decisions in which personal involvement, gain or financial benefit exist for the decision -maker. The following elements must be considered: • Contracts. Public officers may not have a personal financial interest in any sale, lease, or contract that they are authorized to make in their official capacities. Councilmembers of home rule charter cities should consult their city charters for additional limitations. • Incompatibility of offices. A public officer may not hold two positions if the positions' functions are inconsistent with one another. • Self-interest in non -contractual matters. Sometimes, elected officials find they have an interest in a non -contractual decision that the council will make. This type of interest is sometimes of a financial nature, but not always. These non -contractual matters may include such things as council decisions on zoning, local improvements, and the issuance of licenses. An interested councihnember should generally abstain from discussing and voting on these matters. IV. Conflict of Interest in Contracts Minn. Stat. §471.87 applies to all kinds of contracts (formal or informal, written or unwritten) for goods and services. The statute applies not only when the city is the buyer, but also when the city is the seller. Generally, it seems the law intends to prohibit a contract with a public official who has had the opportunity to influence the terms of the contract or the decision of the governing body. Minn. Stat. §471.87 states, Except as authorized in section 471.88, a public officer who is authorized to take part in any manner in making any sale, lease, or contract in official capacity shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit financially therefrom. Every public officer who violates this provision is guilty of a gross misdemeanor. A. Business Interests The attorney general has also advised that a member of a governing body that receives a percentage of the money earned by a construction company for jobs done under a contract with it has an unlawful interest. The Minnesota Supreme Court has held that employment by a company with which the city contracts may give a councilmember an indirect interest in the contract. However, the attorney general has advised that if a councilmember is an employee of the contracting fuze and his or her salary is not affected by the contract, then the council may make the determination that no personal fmancial interest exists. The attorney general further has stated that city councils may need to consider factors, other than employment, to determine the presence of a prohibited interest. The attorney general concluded that a council may contract with the employer if: • The councilmember has no ownership interest in the firm. • The councilmember is neither an officer nor a director. • The councilmember is compensated with a salary or on an hourly wage basis and receives no commissions, bonus or other remuneration. • The councilmember is not involved in supervising the performance of the contract for the employer and has no other interest in the contract. B. Contracts With Relatives of City Officials The conflict of interest laws does not directly address conflicts that may arise out of family relationships. The courts of other states generally have held that family relationship alone has no disqualifying effect on the making of a contract and that proof that a councilmember has a financial interest in the contract must exist. Non -contractual situations are similar. A contract with the councilmember's spouse in a statutory city may violate the law if the councilmember has a direct or indirect interest in it. The attorney general has construed the law broadly to hold such contracts invalid. If the money earned under the contract is used to support the family, the councilmember derives some benefit. In this type of situation, the attorney general has held that there is an indirect interest in the contract. However, in more recent opinions, the attorney general has taken the position that each case turns on its individual facts. If a spouse who contracts with the city uses the earnings from the contract individually and not to support the family, the contract probably would not be invalid simply because the spouse is a councilmember. In short, the mere fact of the relationship does not affect the validity of the contract C. Violations A determination that a public officer violated the conflict of interest law may result in a gross misdemeanor, fines up to $3,000, and imprisonment for up to one year. Any contract made in violation of the conflict of interest law is generally void. Public officers, who knowingly authorize a prohibited contract, even though they do not receive personal benefit from it, may be subject to criminal penalties as well. When a city enters into a contract that is beyond the city's powers, the city generally will have no liability for the contract. Even when the contract falls within the city's powers, any contract made in violation of the unlawful interest statutes generally is void. However, for contracts deemed illegal, a city may not have authority to follow through on the performance of that illegal contract. If a contract is invalid and does not fall under the cited exceptions, it does not matter that the interested councilmember did not vote or participate in the discussion. Likewise, it does not matter that the interested councilmember's vote was not needed for the council's approval of the contract. Even if the councilmember acted in good faith and the contract appears fair and reasonable, the contract generally is void if it violates a conflict of interest. When the city enters into a prohibited contract with an interested councilmember, the councilmember may not recover on the contract nor recover the value on the basis of an implied contract. If a councilmember already has received payment, restitution to the city can be compelled. For example, if the mayor is paid for services to the city under an illegal contract, a taxpayer could sue to recover the money for the city. It does not matter that the mayor was not present at the meeting at which the agreement for compensation was adopted. V. Conflict of Interest in Non -Contractual Situations Any official who has personal financial interest in an official non -contractual action is generally disqualified from participating in the action. 56 Am. Jur.2d, Municipal Corporations, § 142. This situation may arise "when the official's own personal interest is so distinct from the public interest that the member cannot be expected to represent the public interest fairly in deciding the matter." When there is a disqualifying personal interest, the action is not necessarily void. In contrast to the rules regarding conflict of interest in contract situations, the official action may be valid if the disqualified official does not participate, and the required number of non -interested council members approve the action. A. Disqualifying interest factors The Minnesota Supreme Court has listed several factors to consider in determining if a disqualifying interest exists: • The nature of the decision. • The nature of the financial interest. The number of interested officials. • The need for the interested officials to make the decision. In one case, it was held that when an administrative body had a duty to act on a matter and was the only entity capable of acting on the matter, the fact that members may have had a personal interest in the result did not disqualify them from performing their duties. In that case, council members owned stock in a corporation seeking a special use permit. Gonsalves v. Citv of DairyVallev, 71 Cal. Rptr. 255 (Cal. Ct. App. 1968). • Other means available. Another relevant factor is whether or not other means are available to ensure officials will not act arbitrarily to further their self-interest, such as an opportunity for review. In one case, the court took into account the fact that a decision by a board of managers could be appealed to the state water resources board. Lenz v. Coon Creek Watershed Dist., 153 N.W.2d 209 (1967). The court referred to the same factor in another decision regarding a town board decision to establish a road. In upholding the town board's decision, the court said that the availability of appeal to the district court would adequately protect owners of the affected land from any possible prejudice. Valley Township v. Lewis, 234 N.W.2d 815 (1975). B. Specific Situations 1. Self -Appointment Generally, city officials may not appoint a councilmember to fill a vacancy in a different elected position, even if the councilmember resigns from his or her existing position before the new appointment is made. However, councilmembers may be appointed mayor or clerk, but may not vote on their appointment. For example, this prohibits the mayor and a councilmember "switching" positions because they want to do so. Resigning city councilmembers shall not participate in a vote to choose a person to replace the resigning member. El For appointments to non -elective positions, the general rule is that an official has a conflict in terms of self-interest. This conflict disqualifies the official from participating in the decision to appoint themself. Appointing one council member to serve in two positions simultaneously triggers analysis of compatibility of the two offices or positions. 2. Family Connections hi an informal letter opinion, the attorney general has advised that a councilmember was not disqualified from voting on a rezoning because his father owned legal title to the tract in question. A.G. Op. (April 14, 1975) (informal letter opinion). Further, the court has stated that no conflict existed from a councilmember's brother's law firm representing the applicant for a preliminary plat. Nolan v. City of Eden Prairie, 610 N.W.2d 697 (Minn. Ct. App. 2000). Business Connections Other types of business interests may also be prohibited, indirect interests even though there is not a personal financial interest under the general law. The attorney general has advised that a housing authority commissioner had a conflict of interest when the commissioner was also a foreman who would aid a contractor in making a bid to the housing authority. A.G. Op. 430 (April 28, 1967). In a different opinion, the attorney general found that a mayor or councilmember would not be disqualified from office because he was an employee of a nonprofit corporation that provided public access cable service to the city. However, the attorney general also concluded that the individual must abstain from participating in any actions related to the cable franchise. A.G. Op. 90e (Aug. 25, 1997). 4. Land Use a. Property Ownership. Whether or not property ownership disqualifies a councihnember from participating in a land use decision will depend (to some extent) on the nature of the decision and the numbers of persons or properties affected. At one extreme is adoption of a new zoning ordinance (or a comprehensive revision of an existing ordinance) that may impact all property in the city. In this situation, the councilmember's interest is not personal, and he or she should be able to participate. If this was not allowed, such ordinances might never be adopted. At the other extreme is the application for a zoning variance or special use permit that only applies to a councilmember's property. Such a specific, personal interest would likely disqualify the member from participating in the proceedings. However, the councilmember should still be able to submit the required application to the city. Between these two extremes lie those proceedings affecting some lots or parcels, one of which a councilmember owns. Such situations raise questions of fact on whether the councilmember should not vote. In such circumstances, the council must decide whether the member should be disqualified—a decision which is subject to review in the courts if challenged. In many situations where the right to vote is questioned, an interested councilmember will refrain from participating in order to avoid the "appearance" of impropriety. b. Local Improvements & Special Assessments. A councilmember owning land to be benefited by a local improvement is probably not prohibited from petitioning for the improvement, voting to undertake it, or voting to adopt the resulting special assessment. Although one Minnesota decision found an interested county board member's participation on a county ditch proceeding inappropriate, a subsequent case found otherwise. c. Zoning. The attorney general has advised that a council is not prevented from rezoning property owned by a councilmember (or property owned by his or her client). However, the councilmember may not participate in those proceedings. A.G. Op. 59a-32 (Sept. 11, 1978). C. Consequences Actions taken in a non -contractual situation, where a councilmember has a disqualifying interest, may be valid if the result would have been the same without the interested official's vote. For example, the Minnesota Supreme Court considered a case involving a decision by a three-member civil service commission to terminate a police officer for failing to pay his financial debts. The court held that it would have been a "better practice" for the commission member who had been a creditor of the officer to have disqualified himself and abstained from voting. However, the court held that the interested commission members' participation in a unanimous decision did not invalidate the commission's decision. Nodes v. City of Hastings, 170 N. W.2d 92 (1969). Council members who have a disqualifying interest in a matter are generally excluded when counting the number of councilmembers necessary for a quorum, or for the number necessary to approve an action by a four-fifths vote, such as approving a special assessment. 1989 Street Improvement Proiect v. Denmark Township, 483 N.W.2d 508 (Minn. App. 1992). VI. Recommendation City officials concerned about conflicts of interest in contractual or non -contractual situations should: • Consult the city attorney. • Disclose the interest as early as possible (orally and in writing). • Not attempt to influence others. • Not participate in any discussions (when possible, leave the room when the governing body is discussing the matter). • Follow the statutory procedures provided for the contracting exceptions. • Abstain from voting or taking any other official actions unless the city attorney determines that there is no prohibited conflict of interest. (S) T Y a )F" DOVE City of Andover Local Officials Potential Conflict of Interest Notice Instructions • Local officials shall disclose a potential conflict of interest to the other individuals on the authority, agency or instrumentality as soon as the local official becomes aware of the potential conflict. • If a local official becomes aware of a conflict during a meeting, the local official shall immediately disclose the conflict of interest orally. • This notice must be completed and distributed to the other individuals on the agency, authority, board, commission or instrumentality. • All information on this report is public information. Local Official: Date of Topic/Action/Decision: Describe Topic/Action/Decision: Types of conflict: (check all that apply) Origin(s) of conflict: (check all that apply) Source of compensation 1-1 Loan ElSecurities ❑ Real Property FlAffiliation with an organization or entity Other El Self Spouse or Domestic Partner ElDependent ElOther Related Person ❑ Associated Business FlAssociated Business of Spouse, Domestic Partner or Dependent Description of Potential Conflict of Interest Submit to City Attorney, City Administer and City Clerk. Copies will be provided to other local officials as necessary. LMC INFORMATION MEMO LC LEAGUE of Official Conflict of Interest MINNESOTA CITIES Learn responsibilities of city officials to avoid prohibited personal or financial benefits in contracts, which public offices may not be held simultaneously by the same person, need to disclose economic interests, and limits on gifts. RELEVANT LINKS: I. Ethical responsibilities of local office in Minnesota Most Minnesotans can run for and hold elected office at the federal, state, or local level. Candidates need not pass a civics test, attend mandatory trainings, obtain a specific degree or certification, or otherwise demonstrate their fitness. Nevertheless, election or appointment to public office may impact one's personal and professional life—perhaps quite significantly. Some of the most important regulations impacting local governments address the ethical responsibilities of public office–laws that can apply to both elected and appointed city officials. Such safeguards exist to: Ensure integrity in government. Protect the city's and/or the city residents' interests. Limit the opportunity for officials to benefit (personally or financially) from public office. Unfortunately, such regulations also are some of the most misunderstood. City officials—particularly those new to their positions—need to be aware of their responsibilities and the types of prohibited conduct. Various regulations: • Limit an official's ability to act independently. • Provide the public access to the decision-making process. • Prohibit public officials from accepting gifts. • Prohibit conflicts of interest. • Prohibit officials from holding incompatible offices. • Require public officials to disclose conflicts or economic interests when they do arise. This memo examines the ethical responsibilities of local office in Minnesota. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice conoeming specific situations. 145 University Ave. West w .lmc.org 5/24/2022 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2022 All Rights Reserved RELEVANT LINKS: While this memo focuses on the general principles behind these various regulations and prohibitions, remember ethical questions often are difficult to answer. Not all situations fit neatly into current guidelines, so conduct that is not clearly prohibited still may seem inappropriate. This appearance of impropriety can damage a councilmember's image (as well as the city's reputation), making it worthy of consideration. II. City government in Minnesota Minn. Const. art. xll, § s. The Minnesota Constitution authorizes the Minnesota Legislature to provide for the "creation, organization, administration, consolidation, division, and dissolution of local government units and their functions, for the change of boundaries thereof, [and] for their elective and appointive officers." The form and function of city government, and the powers, duties and limitations of elected and appointed office, help shape our basic ethical responsibilities. A. Form and function Minn. stat. § 414.01, subd. Minnesota law considers cities public corporations. The Legislature has la(2). described cities as the type of government that "most efficiently provides Popfinder for cities and governmental services in areas intensively developed for residential, townships. Minnesota State commercial, industrial and governmental purposes." About 82 percent of the Demographic Center. people in Minnesota live in cities, even though cities only cover about 4.9 percent of the state's land area. Since most Minnesotans live in cities, the basic goal of city government is to provide services. In many parts of the state, cities serve as the main governmental entities. Handbook, The Statutory City. Minnesota has two basic types of cities: statutory cities and home rule Handbook, The Home Rule charter cities. The enabling legislation under which each is incorporated Charter City. represents the major difference between the two: Minn. Stat. ch. 412. • Statutory cities derive many of their powers from Chapter 412 of the Minnesota statutes. Minn. Stat. ch. 410. • Home rule charter cities obtain their powers from a home rule charter. Statutory and home rule charter cities differ in terms of organization and powers, not because of any classification of population, area, geographical location, or other physical features. B. City council The elected city council serves as the cornerstone of city government in Minnesota. The council fashions the policies that determine a community's present and future well-being. Because people look to their local government for leadership, much of the responsibility for community development falls on the shoulders of city councilmembers. League of Minnesota Cities Information Memo: 5/2412022 Official Conflict of Interest Page 2 RELEVANT LINKS: Handbook, Elected Officials The major areas of council authority and responsibility include: and Council Structure and Role. Minn. Stat. § 412.191, subd. 2. • Judging the qualifications and election of its own members. • Setting and interpreting rules of procedure. Minn. Stat. § 412.191, subd. • Legislating for the city. • Enforcing city ordinances. Minn. Stat. § 412.111. • Appointing and dismissing administrative personnel. Minn. Stat. § 412.201. • Transacting city business. Minn. Stat. § 412.241. • Managing city finances. Minn. Stat. § 412.111. • Making appointments to boards, commissions, and committees. • Protecting the welfare of the city and its inhabitants. 32. Minn. Stat. § 412.221, subd. • Providing community leadership. Van Ilene v. Wallace, 216 The city council is a continuing body. New members have no effect on the Minn. 500,13 N.w.2d 467 (1944). body except to change its membership. This means that all ordinances and resolutions remain in effect until the council alters or rescinds them, or until they expire through their own terms. At any time, the council can change any resolution, ordinance, or administrative order, whether or not the individuals presently on the council are the same members as when the council originally took action. Councilmembers fulfill their statutory duties, almost without exception, by acting as a council as a whole. For example, the council, not individual councilmembers, supervise administrative officers, formulate policies, and exercise city powers. III. Gifts Minn. stat. § 10A.071, subd. 1(b). State law defines a "gift" as money, property (real or personal), a service, a loan, the forbearance or forgiveness of debt, or a promise of future employment, given and received without the giver receiving something of equal or greater value in return. A. General prohibition Minn. stat. § 471.895 subd 2. Elected and appointed "local officials" generally may not receive a gift from any "interested persons." 1. Local officials Minn. Stat. § 471.895, subd. 1(d). A "local official" represents any elected or appointed official of a city, or of an agency, authority, or instrumentality of a city. The gift prohibition clearly applies to the members of the city council. However, the law does not further define the term "local official", making it unclear if the law intends to cover all city employees, or just certain high-level employees (such as city managers or administrators) and other appointed officials. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 3 RELEVANT LINKS: Minn. Stat § 471.895, subd. I(C). Minn. Stat. § 471.895, subd. 3. Since so many individuals can get involved in the decision-making process, trying to distinguish between city "employees" and "officials" becomes quite difficult. As a result, the safest course of action is to assume the law applies to all employees, regardless of their title or job responsibilities. 2. Interested persons State law defines an "interested person" as a person or representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. An interested person likely includes anyone who may provide goods or services to a city such as engineers, attorneys, financial advisers, contractors, and salespersons. However, virtually every resident or person doing business in the city could have a direct financial interest in a decision that an official is authorized to make. These may include: • Special assessments • Property tax levies. • Licenses and permits. • Land use decisions. If an individual could benefit financially from a decision or recommendation that a city official would be authorized to make, he or she might qualify as an interested person for purposes of the gift law. B. Exceptions The gift law allows the following types of gifts: • Lawful campaign contributions. • Services to assist an official in the performance of official duties. Such services can include (but are not limited to) providing advice, consultation, information, and communication in connection with legislation and services to constituents. • Services of insignificant monetary value. • A plaque or similar memento. Such items are permitted when given in recognition of individual services in a field of specialty or to a charitable cause. • A trinket or memento costing $5 or less. • Informational material of unexceptional value. • Food or beverage given at a reception, meal, or meeting. This exception only applies if the recipient is making a speech or answering questions as part of a program located away from the recipient's place of work. • Gifts between family members. However, the gift may not be given on behalf of someone who is not a member of the family. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 4 RELEVANT LINKS: • Gift because of the recipient's membership in a group. The majority of this group's members must not be local officials and an equivalent gift must be given or offered to the other group members. • Food or beverages given to national or multi -state conference attendees. The majority of dues paid to the organization must be paid from public funds and an equivalent gift must be given or offered to all other attendees. C. Gifts to cities Minn. stat. § 465.03. Kelly v. Campaign Fin. and The law prohibits gifts to city officials, not to cities themselves. Cities may Pub. Disclosure Board, 679 accept gifts of real or personal property and use them in accordance with the N.w.2d 178 (Minn. Ct. App. 2004), rev. denied (Minn. terms prescribed by the donor. A resolution accepting the gift and the July 20, 2004). donor's terms must receive an affirmative vote of two-thirds of the members of the council. A city may not, however, accept gifts for religious or sectarian purposes. D. Metro area cities over 50,000 Minn. Stat. ch. 10A.See Metropolitan cities with a population over 50,000 must comply with Section V11 below, Ethics in additional regulations. Under the Ethics in Government Act, local officials Government Act 1978. in these cities also may not receive gifts from "lobbyists," though similar exceptions may apply. MN Campaign Finance and Public Disclosure Board: The Minnesota Campaign Finance and Public Disclosure Board issues Lobbyist Handbook. advisory opinions regarding the lobbyist gift ban. These opinions may be relevant to any Minnesota city struggling with the application or implication of a gift ban to a particular situation. E. Municipal liquor stores Minn. R. 7515.0620. Municipal liquor store employees may not suggest, request, demand, or accept any gratuity, reward, or promise thereof from any representative of a manufacturer or wholesaler of alcoholic beverages. Any manager or employee who violates this provision is guilty of a gross misdemeanor. IV. Conflicts of interest Two broad types of conflicts of interest exist that city officials and municipal bodies may encounter: those involving contractual decisions, and those involving non -contractual decisions. A. Contracts 1. General prohibition A public officer, who has authority to take part in making any sale, lease, or League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 5 RELEVANT LINKS Minn. stat. § 471.87. contract in his or her official capacity, shall not voluntarily have a personal financial interest in that sale, lease, or contract or personally benefit A.G. Op. 470 (June 9, 1967). financially from it. The term "public officer" certainly includes mayors, councilmembers, or other elected officials. It also may include appointed officers and employees who have influence over the decision-making process. A.G. Op. 90-E-5 (Nov. 13, 1969). The attorney general has advised that the conflict of interest law applies to A.G. op. 90e-6 (June 15, any councilmember "authorized to take part in any manner" in the making of 1988). the contract. Simply abstaining from voting on the contract is not sufficient. The attorney general reasoned that if the Legislature had only wanted to prohibit interested officers from voting on the contract, it would not have used the word "authorized." A literal reading of the statute might suggest that it only applies to city A.G. Op. 90e-6 (rune 15, officers who enter into contracts on behalf of the city. However, the attorney 1988). general has given the statute a broader interpretation, which could affect more officials than just those directly involved in the decision-making process. As a result, cities may want to take a conservative approach regarding contracts with any city official. a. Statutory cities Minn. stat. § 412.311. See section IV -A-2 below, Statutory cities must consider an additional restriction. No member of a Exceptions andprocedures statutory city council may have a direct or indirect interest in any contract Singewald v. Minneapolis Gas Co., 274 Minn. 556,142 the council makes (notwithstanding the limited exceptions discussed below). N.w.2d 739 (1966). This restriction may affect some contractual situations not covered by the A.G. Op. 90a -I (Oct. 7, I976). general prohibition. For example, even though the actual contract is not with a councilmember, the fact that he or she has an indirect interest in it could be an issue. b. Home rule charter cities Handbook, The Home Rule Charter City. Many home rule charters contain provisions that address conflicts of interest in contracts as well. Some charters go beyond the statute to prevent all city Minn. stat. § 471.881. officers and employees from having an interest in a city contract, whether or not the individual has a role in the process. Because charter provisions vary from city to city, this memo does not discuss them in any detail. However, the exceptions listed below apply to all cities, regardless of any other statute or city charter provision to the contrary. 2. Exceptions and procedures Minn. stat. § 471.88. Several important exceptions exist that apply to all cities. In these circumstances, a city may move forward with the matter if the interested officer discloses his or her interest at the earliest stage and abstains from voting or deliberating on any contract in which he or she has an interest. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 6 RELEVANT LINKS: Generally, this exception only applies when a unanimous vote of the remaining councilmembers approves the contract. However, additional requirements or conditions, as discussed below, relate to the applicability of the exceptions. 1989 St. Improvement Program Y. Denmark Twp., A 1992 decision by the Minnesota Court of Appeals suggests that interested 483 x.w.2d sob (Minn. Ct. officers should abstain from voting, even when not expressly required to do APP. 1992). so under the law. In that case, a township was challenged because an improvement project had not received the required four-fifths majority vote of the town board (two members whose properties would be assessed abstained). The court said the two interested board members were correct to abstain since their interests disqualified them from voting. As a result, the remaining three board members' unanimous vote was sufficient. A city council may enter into the following contracts if the proper procedure is followed, notwithstanding that the contract may impact the interests of one of its officers. a. Bank or savings association Minn. stat. § 471.88, subd. 2. The city council may designate a bank or savings association that a city officer has an interest in as an authorized depository for public funds and as Minn. stat. ch. 118A. a source of borrowing. No restriction applies to the designation of a depository or the deposit of public funds if the funds are protected in accordance with state law. Procedure: • The officer discloses his or her interest in the bank or savings association (this should occur when the bank or savings association is first designated or when the official is first elected or appointed, whichever is later). The disclosure is recorded in the meeting minutes and serves as notice of such interest for each successive transaction. • The interested officer abstains from voting on the matter. • The council approves the designation by unanimous vote. b. Official newspaper Minn. stat. § 471.88, subs. 3. Mina Stat. § 331A.04. The city council may designate as the official newspaper (or publish official matters in) a newspaper in which a city officer has an interest. LMC information memo, Newspaper Publication. However, this exception only applies if the interested officer's newspaper is the only qualified newspaper available. Procedure: • The interested officer abstains from voting on the matter. • The council approves the designation by unanimous vote. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 7 RELEVANT LINKS: c. Cooperative association Minn. Stat. § 471.88, subd. 4. A city may enter into a contract with a cooperative association of which the city officer serves as a shareholder or stockholder. This exception does not apply if the interested city officer is an officer or manager of the association. Procedure: • The interested officer abstains from voting on the matter. • The council approves the designation by unanimous vote. d. Competitive bidding not required Minn. stat. § 471.88, subd. 5. A city may contract with a city officer when competitive bidding is not Minn. Stat. § 471.345. Minn. stat. § 412.311. required. The municipal contracting act generally requires cities to go out for bid on the following types of contracts if they are estimated to exceed $175,000: • Sale, purchase, or rental of supplies, materials, or equipment. • Construction, alteration, repair, or maintenance of property. Minn. stat. § 471.88, subs. S. This exception appears to apply to contracts that do not have to be LMC information memo, Competitive Bidding competitively bid, such as contracts for professional services or Requirements in cities. employment. A city may need to seek a legal opinion if unsure whether this exception applies to a particular situation. Procedure: • The interested officer abstains from voting on the matter. • The council approves the contract by unanimous vote. Minn. Stat. § 471.89, subd. 2. • The council passes a resolution setting out the essential facts, such as the See Contractingrvith a City nature of the officer's interest and the item or service to be provided and Ojficial, LMC Model Resolutiution, stating that the contract price is as low as (or lower than) could be found elsewhere. Minn. Stat. § 471.89, subd. 3. • Before a claim is paid, the interested officer must file an affidavit with See Affidavit of Official the clerk that contains: Interest in Claim, LMC Model Forth. • The name and office of the interested officer. • An itemization of the commodity or services furnished. • The contract price. • The reasonable value. • The interest of the officer in the contract. Minn. Stat. § 471.89, subd. 2. • A declaration that the contract price is as low as or lower than could Minn. Stat. § 365.37. subd 4. be obtained from other Sources. Minn. Stat. § 415.01, subd. 2. See Ratifying an Emergency • In an emergency where the contract cannot be authorized in advance, Conduct, LMC Model Resolution. Handbook, payment must be authorized by resolution describing the emergency. Expenditures, Purchasing, and Contracts. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 8 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest page 9 e. Volunteer fire department Minn. Stat. § 471.88, subd. 6. Cities may contract with a volunteer fire department for the payment of compensation or retirement benefits to its members. Confusion has arisen as to whether this exception applies to both municipal A.G. op. 358-E-4 (Jan. 19, and independently operated fire departments. A literal reading of the statute 1965). A.G. Op. 90-E (Apr. 17, suggests it applies only to actual contracts. Since cities do not usually 1978). contract with a municipal fire department, there is a possibility this exception may only apply to contracts with independent fire departments. However, the attorney general has issued opinions that imply that the exception can apply to both kinds of fire departments. See, Section v below, Compatibility of offices. A councilmember interested in serving the city in multiple positions (for example, plowing streets or serving on the volunteer fire department) should also consider the compatibility of the functions and responsibilities of those positions. Procedure: • The interested officer abstains from voting on the matter. • The council approves the contract by unanimous vote. f. Volunteer ambulance service Minn. stat. § 471.88, subd. 6a. Cities may contract with a volunteer ambulance service for the payment of compensation or retirement benefits to its members. This provision is similar to the volunteer fire department exception. Procedure: • The interested officer abstains from voting on the matter. • The council approves the contract by unanimous vote. g. Municipal band Minn. stat. § 471.88, subd. 7. Cities may contract with a municipal band for the payment of compensation to its members. Procedure: • The interested officer abstains from voting on the matter. • The council approves the contract by unanimous vote. h. EDAs and port authorities Minn. stat. § 471.88, subds. An economic development authority (EDA), Port authority, or seaway Port9,10. See, Section VII -C -2-d authority may contract with firms engaged in the business of importing, below, HRAs and EDAs exporting, or general trade that employ one of its commissioners. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest page 9 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 10 Procedure: • The interested commissioner abstains from voting on the matter. • The authority approves the contract by unanimous vote. • The commissioner does not take part in the determination (except to testify) and abstains from any vote that set any rates affecting shippers or users of the terminal facility. i. Bank loans or trust services Minn. stat. § 471.88, subd. 11. Banks that employ a public housing, port authority, or EDA commissioner may provide loans or trust services to property affected by that authority. Procedure: • The commissioner discloses the nature of those loans or trust services of which he or she has personal knowledge. • The disclosure is recorded in the meeting minutes. • The interested commissioner abstains from voting on the matter. • The authority approves the contract by unanimous vote. j. Construction materials or services (cities with a population of 1,000 or less) Minn. star. § 471.88, subd. 12. A city with a population of 1,000 or less (according to the last federal census) may contract with one of its officers for construction materials and/or services through a sealed bid process. Procedure: • The interested officer abstains from voting on the contact. • The council approves the contract by unanimous vote. k. Rent Minn. stat. § 471.88, subd. 13. Cities may rent space in a public facility to a public officer at a rate equal to that paid by other members of the public. Procedure: • The interested officer abstains from voting on the matter. • The council approves the contract by unanimous vote. I. Local development organizations Minn. stat. § 471.88, subd. 14. City officers may apply for a loan or grant administered by a local development organization. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 10 RELEVANT LINKS: A "local development organization" is defined to include housing and redevelopment authorities (HRAs), EDAs, community action programs, port authorities, and private consultants. Procedure: • The interested officer discloses that he or she has applied for a grant. • That interest is recorded in the official minutes. • The interested officer abstains from voting on the matter. • The local development organization approves the application by unanimous vote. m. Franchise agreements Minn. stat. § 471.88, subd. 15. When a city enters into a franchise agreement or contract for utility services to the city, a councilmember who is an employee of the utility may continue to serve on the council during the term of the franchise or contract. Procedure: • The interested officer abstains from voting on any franchise matters. • The reason for the interested councilmember's abstention is recorded in the meeting minutes. • The council approves the franchise agreement by unanimous vote. n. State or federal grant programs Minn. stat. § 471.88, snbd. 17. Cities may apply for and accept state or federal grants (housing, community, or economic development) which may benefit a public officer. Procedure: • The interested officer abstains from voting on matters related to the grant. • The governing body accepts the grant by unanimous vote. o. Loans or grants—St. Louis County Minn. stat. § 471.88, subs. 18. A public officer may participate in a loan or grant program administered by Community Development the city with community development block grant funds or federal economic Block Grant(CDBG). development administration funds. This exception applies only to cities in St. Louis County with a population of 5,000 or less. Procedure: • The public officer discloses that he or she has applied for the funds. • The disclosure is recorded within the official meeting minutes. • The interested officer abstains from voting on the application. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 11 RELEVANT LINKS: • The governing body approves the application by unanimous vote. p. HRA officer loan Minn. stat. 3 471.88, subd. HRA officers may participate in a loan or grant program administered by the 19. HRA utilizing state or federal funds. Procedure: • The public officer discloses that he or she has applied for the funds. • The disclosure is recorded within the official meeting minutes. • The public officer must abstain from voting on the application. • The governing body approves the application by unanimous vote. 3. Application A.G. Op. 90a-1 (Apr. 14, The statutes apply to all kinds of contracts (formal or informal, written or 1960). A.G. Op. 90-E-5 (Aug. 30, unwritten) for goods and services. The statute applies not only when the city 1949). is the buyer, but also when the city is the seller. Generally, it seems the law A.G. Op. 90e-1 (May 12, 1976). intends to prohibit a contract with a public official who has had the Minn. stat. 3 471.88. opportunity to influence the terms of the contract or the decision of the governing body. Even when a contract is allowed under one of the exceptions (such as for contracts for which bids are not required by law), councils should proceed with caution. a. Business interests and employment A.G. Op. 90a-1 (May 16, The attorney general has advised that a councilmember who holds stock in a 1952). A.G. Op. 90b (Aug. 8,1969). corporation that contracts with the city has an unlawful interest and that a councilmember who acts as a subcontractor on a contract also has an unlawful interest. The attorney general has also advised that a member of a governing body that receives a percentage of the money earned by a construction company for jobs done under a contract with it has an unlawful interest. Singewald v. Minneapolis The Minnesota Supreme Court has held that employment by a company with Gas Co., 274 Minn. 556,142 N.w.2d 739 (1966). which the city contracts may give a councilmember an indirect interest in the A.G. Op. 90-E-5 (Nov. 13, contract. However, the attorney general has advised that if a councilmember 1969). is an employee of the contracting firm and his or her salary is not affected by the contract, then the council may make the determination that no personal financial interest exists. A.G. Op. 90a-1 (Oct. 7, The attorney general further has stated that city councils may need to 1976). consider factors, other than employment, to determine the presence of a prohibited interest. The attorney general concluded that a council may contract with the employer if: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 12 RELEVANT LINKS: • The councilmember has no ownership interest in the firm. • The councilmember is neither an officer nor a director. • The councilmember is compensated with a salary or on an hourly wage basis and receives no commissions, bonus or other remuneration. • The councilmember is not involved in supervising the performance of the contract for the employer and has no other interest in the contract. A.G. op. 90e-1 (May 12, The law prohibits making a contract with any public official who has had the 1976). A.G. op. 90E-1 (Dec. 6, opportunity to influence its terms. The attorney general has advised that a 1955). former councilmember could not be a subcontractor on a municipal hospital contract if he was a councilmember when the prime contract was awarded. More difficult questions can arise when a councilmember takes office after a city has entered into a contract. The assumption of office by someone with a personal financial interest in an already existing contract raises concerns about possible conflicts of interest during the performance of the contract. A.G. Op. 90a-1 (Mar. 30, 196]). In one case, the attorney general advised that a councilmember was eligible for office and entitled to commissions on insurance premiums payable by the city on an insurance contract entered into before the person became a councilmember. A.G. op.90a-1 (Apr. 15, In an informal letter opinion, the attorney general said the director of a 1975). malting company could assume office as a councilmember even though the city had entered into a 20 -year contract with the company to allow it to use the city's sewage disposal plant. The contract also fixed rates for service subject to negotiation of new rates under certain circumstances. The attorney general said the councilmember could continue to serve as long as no new negotiations were required. However, the city and the company could not enter into a new agreement as long as the interested councilmember held office. Individuals faced with a possible conflict of interests should seek legal advice. b. Elected officials and city employment Minn. stat. § 471.88, subd. 5. The League often receives questions about whether an elected city official Minn. Stat. § 471.345. LMC information memo, can also be employed by the city. The exception to the conflict of interest Competitive Bidding law that allows the city to enter into a contract not required to be Requirements in Cities. competitively bid with an interested official appears to allow a city, in certain situations, to hire an elected official as an employee, since both contracts for professional services and employment need not be competitively bid. However, cities must consider several issues to determine the permissibility of hiring an elected official based on the specific facts of the situation. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 13 RELEVANT LINKS: (1) Full-time employment Minn. Stat. § 410.191. Neither the mayor nor any city councilmember may be a "full-time, Minn. Stat. § 412.02, subd. Ia. permanent" city employee. The city's employment policy should define full- time, permanent employee. (2) Part-time employment See Section V, Compatibility For part-time employment, the city must analyze the compatibility of the ofoffices below. "Compatibility of Offices," two positions. If the positions are incompatible, an individual may not serve House Information Brief in both positions at the same time. (July 2012). c. Contracts with family members Lewiek v. Grazier, llb Mich. The conflict of interest laws does not directly address conflicts that may 493, 74 N.W. 717 (1898). Section IV -B below, Non- arise out of family relationships. The courts of other states generally have contractual situations. held that family relationship alone has no disqualifying effect on the making of a contract and that proof that a councilmember has a financial interest in the contract must exist. Non -contractual situations are similar. Minn. stat. § 519.05. Under existing law, spouses are responsible for each other's necessities. A Minn. Stat. § 412.311. A.G. Op. (June 28,1928). contract with the councilmember's spouse in a statutory city may violate the A.G. Op. 90-c-5 (July 30, law if the councilmember has a direct or indirect interest in it. The attorney 1940). general has construed the law broadly to hold such contracts invalid. If the money earned under the contract is used to support the family, the councilmember derives some benefit. In this type of situation, the attorney general has held that there is an indirect interest in the contract. A.G. Op. 90-b (Apr. 5,1955). A.G. Op. (Dec. 9, 1976) However, in more recent opinions, the attorney general has taken the (informal letter opinion). position that each case turns on its individual facts. If a spouse who contracts with the city uses the earnings from the contract individually and not to support the family, the contract probably would not be invalid simply because the spouse is a councilmember. Minn. Stat. § 363A.08, subd. In the alternative, if the facts show otherwise, the legality of the contract 2. may be in doubt. In short, the mere fact of the relationship does not affect the validity of the contract. Minn. Stat. § 363A.08, subd. Also, the Minnesota Human Rights Act prohibits discrimination in 2. employment based upon marital status. As a result, making inquiries into the marital status of employees or applicants for city positions is not recommended. d. Sale of city property Minn. Star. § 15.054. State law generally prohibits officers and employees of the state or its subdivisions from selling government-owned property to another officer or employee of the state or its subdivisions. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 14 RELEVANT LINKS: Minn. Stat. § 15.054. A.G. Op. 469a-12 (Aug. 30, 1961). A.G. Op. 90-a-1 (Sept. 28,1955). Minn. Stat. § 471.87. Minn. Stat. § 609.43. A.G. Op. 90a-1 (Apr. 22, 1971). City of Chaska v. Hedman, 53 Minn. 525,55 N.W. 737 (1893). Currie v. Sch. Dist. No. 26,35 Minn. 163,27 N.W. 922 (1886). Bjellandv. City of Mankato, 112 Minn. 24,127 N.W. 397(1910). Stone v. Bevans, 88 Minn. 127,92 N.W. 520 (1902). City of Minneapolis v. Canterbury, 122 Minn. 301, 142 N.W. 812 (1913). Currie v. Sch. Dist. No. 26, 35 Minn. 163, 27 N.W. 922 (1886). Singewald Y. Minneapolis Gas Co., 274 Minn. 556,142 N.W.2d 739 (1966). Stone v. Bevans, 88 Minn. 127,92 N.W. 520 (1902). This does not apply to the sale of items acquired or produced for sale to the general public in the ordinary course of business. In addition, the law allows government employees and officers to sell public property if the sale falls within the scope of their duties. Property no longer needed for public purposes may be sold to an employee (but not an officer) if the following conditions exist: • There has been reasonable public notice. • The property is sold by public auction or sealed bid. The employee who buys the property was not directly involved in the auction or sealed response process. The attorney general has also concluded that cities may not contract to purchase land from or sell land to their city council members. 4. Violations A determination that a public officer violated the conflict of interest law may result in a gross misdemeanor, fines up to $3,000, and imprisonment for up to one year. Any contract made in violation of the conflict of interest law is generally void. Public officers, who knowingly authorize a prohibited contract, even though they do not receive personal benefit from it, may be subject to criminal penalties as well. When a city enters into a contract that is beyond the city's powers, the city generally will have no liability for the contract. Even when the contract falls within the city's powers, any contract made in violation of the unlawful interest statutes generally is void. However, for contracts deemed illegal, a city may not have authority to follow through on the performance of that illegal contract. If a contract is invalid and does not fall under the cited exceptions, it does not matter that the interested councilmember did not vote or participate in the discussion. Likewise, it does not matter that the interested councilmember's vote was not needed for the council's approval of the contract. Even if the councilmember acted in good faith and the contract appears fair and reasonable, the contract generally is void if it violates a conflict of interest. When the city enters into a prohibited contract with an interested councilmember, the councilmember may not recover on the contract nor recover the value on the basis of an implied contract. If a councilmember already has received payment, restitution to the city can be compelled. For example, if the mayor is paid for services to the city under an illegal contract, a taxpayer could sue to recover the money for the city. It does not matter that the mayor was not present at the meeting at which the agreement for compensation was adopted. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 15 RELEVANT LINKS: Frisch v. City ofst. Charles, If a councilmember has unlawfully sold goods to the city and the goods can 167 Minn. 171,208 N.W. 650 (1926). be returned, a court probably will order the goods returned and prohibit any Mares v. ✓amaka, 196 Minn. 87,264 N.W. 222 (1936). payment for them. For example, when the city purchased a lot from a councilmember, but a building has yet to be built on it, or if supplies, such as lumber, have been bought and not yet used. However, if the goods cannot be returned, the city did not exceed its powers to contract for those goods and no fraud or collusion in the transaction had occurred, the court will determine the reasonable value of the property and permit payment on the basis of the value received. In case of doubt, the city may want to just assume it cannot contract with one of its officers. If the contract is necessary, a legal opinion or court ruling should be secured before proceeding. B. Non -contractual situations Nevada Commission on While the laws discussed previously relate only to contracts with interested Ethics v. Carrigan, 131 S. Ct. 2343 (2011). officials, courts throughout the country, including the Minnesota Supreme Court, have followed similar principles in non -contractual situations. Any 63C Am. Jur. 2d Public city official who has a personal financial interest in an official non - Officers § 246. contractual action generally cannot participate in the action. This especially holds true when the matter concerns the member's character, conduct, or right to hold office. Conflicts can also arise when the official's own personal interest is so distinct from the public interest that the member cannot fairly represent the public interest. In general, when an act of a council represents quasi-judicial decision, no member who has a personal interest may take part. Some would argue that the member's participation makes the decision voidable, even if his or her vote was not necessary. The bias of one councilmember could make a city council's decision arbitrary. When a disqualifying personal interest exists, however, the action is not necessarily void. In contrast to the rules regarding conflict of interest in contract situations, the official action may remain valid if the required number of non -interested council members approved the action. 1. Disqualifying interest—factors Lena v. Coon creek Watershed Dist, 278 Minn. The Minnesota Supreme Court has utilized several factors when determining 1, 153 MW.2d 209 (1967). whether a disqualifying interest exists: • The nature of the decision. • The nature of the financial Interest. • The number of interested officials. • The need for the interested officials to make the decision. • Other means available, such as the opportunity for review. League of Minnesota Cities Information Memo: 512 412 02 2 Official Conflict of Interest Page 16 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 17 Courts consider these factors in light of the conflict in issue. Gonsalves v. City ojDairy Valley, 71 Cal. Rptr. 255 When an administrative body has a dutyto act on a matter and is the only (Cal. Ct. App. 1968). entity capable of acting, the fact that members may have had a personal interest in the result may not disqualify them from performing their duties. Len_ v. Coon Creek Watershed Dist., 278 Minn. For example, courts consider whether other checks and balances exist to 1,153 N.w.2d 209 (1967). ensure city officials will not act arbitrarily or in furtherance of self -interests. Tipp. ed. of Lake Valley Twp. v. Lewis, 305 Minn. 488, 234 In one case, the court took into account the fact that a decision by a board of N.w.2d 815 (1975). managers could be appealed to the state water resources board. In another case, the court said that the ability to appeal to the district court would adequately protect owners from any possible prejudice. 2. Common concerns a. Self judgment On the theory that no person should serve as the judge of his or her own case, courts have generally held that an officer may not participate in proceedings where he or she is the subject. As a result, councilmembers probably should not participate in a decision involving their own possible offense. For example, determination of a councilmember's residency may represent one such issue from which an interested officer should abstain. b. Self -appointment Minn. stat. § 471.46. Minn. Stat, § 415.15. Generally, city officials may not appoint a councilmember to fill a vacancy A.G. Op. 471M (Oct. 30, in a different elected position, even if the councilmember resigns from his or 1986). her existing position before the new appointment is made. However, councilmembers may be appointed mayor or clerk, but may not vote on their appointment. For example, this prohibits the mayor and a councilmember "switching" positions because they want to do so. Minn. stat. § 415.15. Resigning city councilmembers shall not participate in a vote to choose a person to replace the resigning member. For appointments to non -elective positions, the general rule is that an official See Section V, Compatibility has a conflict in terms of self-interest. This conflict disqualifies the official of offices from participating in the decision to appoint themself. Appointing one council member to serve in two positions simultaneously triggers analysis of compatibility of the two offices or positions. c. Council compensation Minn. Stat. § 415.11. State law authorizes a council of any second, third, or fourth-class city in A.G. Op. 471-1t. (May 10, Minnesota to set its own salary and the salary of the mayor by ordinance. 1976). However, increases in salary cannot begin until after the next regular city election. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 17 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Oficial Conflict of Interest Page 18 Since every councilmember has a personal interest in his or her compensation, the need for interested officials to make the decision is unavoidable in this situation. Minn. stat. § 412.191, sand. 1. A special situation exists for setting the clerk's salary in a Standard Plan statutory city. In these cities, the clerk is elected and is thus a voting member of the council. While the other councilmembers may vote on the clerk's compensation without any disqualifying self -interests, it is probably best for the clerk not to vote on their own salary. d. Family connections A.G. Op. (Apr. 14, 1975) (informal letter opinion). In an informal letter opinion, the attorney general has advised that a councilmember was not disqualified from voting on a rezoning because his A.G. Op. (Dec. 9, 1976) (informal letter opinion). father owned legal title to the tract in question. The attorney general has further stated that a prohibited interest does not necessarily arise when the spouse of a city employee is elected mayor. Nolan v. City of Eden The opinion carefully avoids any statement about future action of the Prairie, 610 N.W.2d 697 council on the existing employment relationship. Further, the court has (Minn, Ct. App. 2000). stated that no conflict existed from a councilmember's brother's law firm representing the applicant for a preliminary plat. Minn. stat. § 363A.08, subd. 2. The Minnesota Human Rights Act prohibits discrimination in employment based upon marital status. Making inquiries into the marital status of employees or applicants for city positions is not recommended. e. Business connections A.G. op. 430 (Apr. 28, 1967). Business interests can also create conflicts—even if no personal financial interest arises under the general law. In one situation, the attorney general advised that a housing authority commissioner had a conflict when—as a foreman—he would aid his employer, a contractor, in making a bid to the housing authority. A.G. op. 90e (Aug. 25, 1997). In a different opinion, the attorney general found that a mayor or councilmember would not be disqualified from office because he was an employee of a nonprofit corporation that provided public access cable service to the city, but the official must abstain from participating in any related actions. f. Land use Since a city council must deal with land matters within its jurisdiction, it is almost inevitable that such decisions will affect property owned or used by one of its members. League of Minnesota Cities Information Memo: 5/24/2022 Oficial Conflict of Interest Page 18 RELEVANT LINKS: Continental Prop. Grp., Inc. v. City of Minneapolis, N0. A10-1072 (Minn. Ct. App. May 3, 2011) (unpublished opinion). LMC information memo, Special Assessment Toolkit. (1) Property ownership Whether or not property ownership disqualifies a councilmember from participating in a land use decision will depend (to some extent) on the nature of the decision and the numbers of persons or properties affected. At one extreme is adoption of a new zoning ordinance (or a comprehensive revision of an existing ordinance) that may impact all property in the city. In this situation, the councilmember's interest is not personal, and he or she should be able to participate. If this was not allowed, such ordinances might never be adopted. At the other extreme is the application for a zoning variance or special use permit that only applies to a councilmember's property. Such a specific, personal interest would likely disqualify the member from participating in the proceedings. However, the councilmember should still be able to submit the required application to the city. Between these two extremes lie those proceedings affecting some lots or parcels, one of which a councilmember owns. Such situations raise questions of fact on whether the councilmember should not vote. In such circumstances, the council must decide whether the member should be disqualified—a decision which is subject to review in the courts if challenged. In many situations where the right to vote is questioned, an interested councilmember will refrain from participating in order to avoid the "appearance" of impropriety. (2) Bias Personal bias can also create concern. In one case, a biased councilmember voting on a land use matter made the council's decision arbitrary. As a result, the court found the city violated the property buyer's due process rights and returned the matter for a new hearing—one where the biased councilmember would not participate. (3) Local improvements and special assessments A councilmember owning land to be benefited by a local improvement is probably not prohibited from petitioning for the improvement, voting to undertake it, or voting to adopt the resulting special assessment. Although one Minnesota decision found an interested county board member's participation on a county ditch proceeding inappropriate, a subsequent case found otherwise. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 19 RELEVANT LINKS: Petition of Jacobson, 234 The ditch case involved a proposed county ditch that bypassed a county Mian. 296,48 N. W.2d 441 (1951). board member's property. Although the board member participated in preliminary proceedings, he did not attend the final hearing. The court vacated the county board's order establishing the proposed ditch since the preliminary proceedings may have had a substantial effect on later actions taken at the final hearing. The court said the board member should not have participated in any of the proceedings regarding the project. Len_ v. Coon creek The court in the second case found no disqualifying conflict of interest when Watershed Dist., 278 Minn. 1,153 N.W.2d 209 (1967). four of the five managers of a watershed district owned land that would benefit from a proposed watershed district improvement project. The court recognized the situation was similar to those where members of a city council assess lands owned by them for local improvements. As a result, the court found this potential conflict of interest did not disqualify the district board members from participating in the improvement proceedings. It is possible a councilmember's property ownership might result in a more favorable treatment of that property in an assessment project. If that happened, the assessment might be challenged for arbitrariness and set aside—whether or not the councilmember participated in the proceedings. (4) Zoning A.G. Op. 59a32 (Sept. 11, 1978). The attorney general has advised that a council is not prevented from rezoning property owned by a councilmember (or property owned by his or her client). However, the councilmember may not participate in those proceedings. A.G. op. 471-f (Sept. 13, 1963). In an earlier opinion, the attorney general said it was a question of fact whether a town board member had a disqualifying interest for having sold land that was the subject of rezoning. However, the attorney general appeared to assume that if the board member had a sufficient interest in the land, the member would be disqualified from voting on the rezoning. (5) Condemnation LMC information memo, Dangerous Properties. While a councilmember's ownership interest in land subject to condemnation seems to preclude participation in any council actions Webster v. ad of cnty. regarding the property, Minnesota courts have not ruled directly on this Comm'rs of Washington question. However, the Minnesota Supreme Court did not disqualify a Cnty., 26 Minn. 220,2 N.W. 697(1897). county board member from participating in condemnation proceedings to establish a highway even though the board member owned land adjoining the proposed highway. The court suggested the decision might have been different if the owner had been entitled to damages if the highway had gone through his property. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 20 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 21 (6) Renewal and redevelopment See Section VII -C -2-d, HRAs An interest in property subject to urban renewal may trigger disqualification. and EDAs. However, when the property sits within a larger urban renewal program, but not in the project area subject to the decision, it is arguable the councilmember would not be disqualified from voting. Since there have been no Minnesota cases addressing this issue, councilmembers with these types of interests may wish to abstain from voting or seek an opinion from the city attorney regarding the appropriateness of their participation. (7) Church affiliation Rowell v. Rd. of Adjustment The Minnesota Court of Appeals did not set aside a zoning action based on of the City of Moorhead, 446 N.W.2d 917 (Minn. Ct. App. the participation by a zoning board member on a zoning variance requested 1989). by that member's church. The court found the nature of the financial interest could not have influenced the voting board member. The person's membership in the church, without evidence of a closer connection, did not sufficiently create a direct interest in the outcome to justify setting aside the board's zoning action. g. Streets (1) Acquisition Webster v. Rd of cnty. As previously noted, the Minnesota Supreme Court has held that a county Comm'rs of Washington Cnty., 26 Minn. 220,2 N.W. board member who owned land adjoining a proposed county highway did 697 (1897). not have a disqualifying interest preventing him from voting on the establishment of the highway. The board member's interest was similar to that of the rest of the public and differed only in degree. A different decision may have been reached, however, had the highway gone through the commissioner's land. rwP. Rd. of Lake Valley rwP. The Minnesota Supreme Court also refused to disqualify a town board v. Lewis, 305 Minn. 488,234 N.W.2d 815 (1975). supervisor that asked a landowner to circulate a petition for a road. The court reasoned that the decision to establish a town road is, by its very nature, of LMC information memo, Acquisition and Maintenance interest to all local citizens, including board members who may be in the ofcity streets. best position to know the need for a road. The court also stated that the ability of affected property owners to appeal to the district court would adequately protect them from any possible prejudice. (2) Vacation A.G. Op. 3968-16 (Oct. 15, Arguably, a street vacation does not differ significantly from the 1957). Petition of Jacobson, 234 establishment of a street, which, as stated, the court has found abutting Minn. 296,48 N.W.2d 441 owners not to have a disqualifying interest. (1951). League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 21 RELEVANT LINKS: LMC information memo, Vacation ofCiy Streets. A.G. Op. 218-R (Apr. 29, 1952). E. TO., Inc. v. Town of Marion, 375 N. W.2d 815 (Minn. 1985). Minn. R. 7515.0430, subd. 5. Nodes v. City of Hastings, 284 Minn. 552,170 N.W.2d 92(1969). However, the attorney general may disagree since it advised that a councilmember who had an interest in property abutting a street proposed for vacation could not participate in the vacation proceedings. h. Licenses and permits When a councilmember applies for a license or a permit that requires council approval, the member's personal (often financial) interest should prevent his or her participation in the decision-making process. In some situations, a councilmember may have a possible conflict of interest even when he or she is not the licensee. The attorney general said that a councilmember who was a part-time employee of a licensee could not vote on reducing the liquor license fee if it could be shown that the councilmember had a personal interest. For example, if the fee reduction would affect the councilmember's compensation or continued employment, he or she would obviously have a personal financial interest in the decision. However, whether an individual's personal interest is sufficient to disqualify them from voting on the decision represents a question involving specific facts that must be determined on a case-by-case basis. In a similar case, the Minnesota Supreme Court held that a town board member who owned property across from a bar could not vote on the license renewal. The town board member stated his property had been devalued by $100,000 since the bar opened, and he was elected to the board based largely on his opposition to the bar. The court stated, "A more direct, admitted, financial interest is hard to imagine." A state rule prohibits a councilmember from voting on a liquor license for a spouse or relative. The rule does not define who is included as a "relative," so cities may need to consult with their city attorney for guidance in specific situations. 3. Consequences Courts may uphold actions taken where a councilmember with a disqualifying interest participated if the result would have been the same without the interested official's vote. For example, the Minnesota Supreme Court considered a decision by a three-member civil service commission to terminate a police officer for failing to pay his financial debts. The court held that it would have been a "better practice" for the commission member who had been a creditor of the officer to have disqualified himself and abstained from voting; however, that commission member's participation in a unanimous decision did not invalidate the commission's decision. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 22 RELEVANT LINKS: 1989 Street Improvement Program v. Denmark Twp., Councilmembers who have a disqualifying interest in a matter generally are 483 N.W.2d 508 (Minn. Ct. excluded when counting the number of councilmembers necessary for a App. 1992). quorum, or for the number necessary to approve an action by a four-fifths vote, such as approving a special assessment. C. Recommendation City officials concerned about conflicts of interest in contractual or non - contractual situations should: • Consult the city attorney. • Disclose the interest as early as possible (orally and in writing). • Not attempt to influence others. • Not participate in any discussions (when possible, leave the room when the governing body is discussing the matter). • Follow the statutory procedures provided for the contracting exceptions. • Abstain from voting or taking any other official actions unless the city attorney determines that there is no prohibited conflict of interest. V. Compatibility of offices State ev rel. Hilton v. Sword, 157 Minn. 263,196 N.W. Whether a city official can also serve the city or other government entity in 467 (1923). some other capacity gets quite complicated. State law does provide some Kenney v. Goergen, 36 Minn. 190, 31 N.W. 210 (1886). guidance on incompatible positions; however, in general, state law does not prevent a person from holding two or more governmental positions. However, keep in mind, without specific statutory authority, government officials cannot hold more than one position if the functions of those two positions are incompatible or if the jobs create a conflict between two different public interests. McCPaul, 2 8 Minn.v. Cry , 21 Paul, 298 M 443, 216 The common-law doctrine of incompatibility provides some insight into P tY P g N.W.2d 137 (1974). what constitutes functions of two inconsistent Offices. However, no clear definition of what constitutes an "office" for the purpose of this law exists. Certainly, it would include all elected offices. Infoion Br House "Compatibility ofOffii f However, it seems that the term "office" could also include appointed (July 2012). offices such as city administrators, managers, and police chiefs. Generally, an office has greater responsibility, importance, and independence than mere city employment. A. Public employment 1. Federal employees 5 u.s.C. §§ 7321-7326. 5 C.F.R. § 734.101. Federal employees generally cannot run in local partisan elections. An election is considered "partisan" if candidates are elected as representing political parties. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 23 RELEVANT LINKS: 2. State employees Minn. stat. § 43A.32. MN Management & Budget, State employees generally can run for and hold local elected office as long 400 Centennial Building, 658 as no conflict exists with their regular state employment. The commissioner Cedar Street, St. Paul, MN 55155;(651)201-8000. of the department of management and budget will determine whether a conflict exists. 3. City employment Minn. stat. § 410.191. Minn. Stat. § 412.02, subd. Neither the mayor nor any city councilmember may also work as a "full - 1a. time, permanent" city employee. The city's employment policy defines full- time, permanent employment. For "part-time" positions, it must be determined if the elements or responsibilities of the two positions are incompatible with one another. If the two positions are incompatible, an individual may not serve in both positions at the same time. B. Incompatible offices—elements Offices are generally incompatible when a specific statute or charter provision: • States that one person may not hold two or more specific positions. • Requires that the officer may not take another position. • Requires that the officer devote to the position full-time. Kenney v. Goergen, 36 Minn. 190, 31 N.W. 210 (1886). In addition, positions may be determined incompatible with one another. State ex rel. Hilton v. Sword, This typically occurs when the holder of one position (or the group or board 157 Minn. 263,196 N.W. 467(1923). of which the person is a member): • Hires or appoints the other. • Sets the salary for the other. • Performs functions that are inconsistent with the other, for example, a person cannot supervise or evaluate himself or herself. • Approves the official or fidelity bond of the other. C. Specific offices It is important to remember that incompatibility often depends on the nature of the offices and their relationship to one another. So, while offices may have been determined to be incompatible in the past, a different conclusion could be reached based on current relationships or responsibilities. A city official who is considering seeking an additional office should obtain a legal opinion from the city attorney on the compatibility of the two offices. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 24 RELEVANT LINKS: Minn. Stat. § 410.05, subd. 1. Minn. Stat. § 469.003, subd. 6. Minn. Stat.§ 469.095, subd. 2. Minn. Stat. § 481.17. A.G. Op. 358e-9 (Feb. 10, 1912). A.G. Op. No. 639 (Mar. 17, 1919). A.G. Op. 358e-3 (July 29, 1997). A.G. Op. 90e (Aug. 25, 1997). Minn. Stat. § 420.03. Minn. Stat. § 273.061, subd. Ic. A.G. Op. 63a11 (Feb. 21, 1947). A.G. Op. 358e-3 (Mar. 6, 1946). A.G. Op. 358e-7 (Mar. 5, 1965). A.G. Op. 358 (Dec. 18, 1970). A.G. Op. 358e-9 (Dec. 13, 1939). A.G. Op. 358f (May 21, 1954). A.G. Op. 358f (June 30, 1955). A.G. Op. 358a-1 (Feb. 25, 1958). A.G. Op. 218-R (Feb. 25, 1946). 1. Compatible offices The following offices are compatible pursuant to state statute: • City charter commission member and any elective or appointed office other than judicial (however, the city charter may specifically exclude councilmembers from serving on the charter commission). • City councilmember and HRA commissioner. • City councilmember and EDA commissioner. • City attorney and county attorney (in counties with a population under 12,000). In addition, the attorney general has found the following offices compatible: • City mayor and county treasurer. • City mayor and court administrator. • City attorney and assistant county attorney. • City councilmember and officer of nonprofit, public -access cable service provider. 2. Incompatible offices State statute lists the following offices as incompatible: Firefighter's civil service commission member and any other office or employment under the city, the United States, or any of the state's political subdivisions. City councilmember and county assessor. City mayor and county assessor. In addition, the attorney general has found the following offices incompatible: • Mayor and city councilmember. • Councilmember and city attorney. • Councilmember and city treasurer. • City attorney and city treasurer. • Mayor and school board member. • Councilmember and school board member. • Councilmember and school board treasurer. • City councilmember and county assessor. • Councilmember and municipal liquor store manager. 3. Fire departments City officials often ask if a member of the city fire department—perhaps the chief or another officer—can also serve on the city council. League of Minnesota Cities Information Memo: Official Conflict of Interest 5/24/2022 Page 25 RELEVANT LINKS: Unfortunately, that question is not easy to answer. A.G. Op. 358-E-4 (Jan. 19, 1 In 1965, the attorney general advised that a councilmember could also serve 1965). Minn. stat. § 471.88, sued. 6. as a member of a volunteer city fire department under the exception to the A.G. Op. 358-E-9 (Apr. 5, conflict of interest law that permits contracts with a volunteer fire 1971). department for payment of compensation or retirement benefits. But in a later opinion, the attorney general advised that the fire chief of a municipal fire department automatically vacate the office of fire chief when he accepted a seat on the city council. This opinion did not mention the exception listed in the conflict of interest law or the 1965 opinion. A.G. Op. 90-E (Apr. 17, 1978). In 1978, the attorney general considered the issue again and advised that the exception to the conflict of interest law allows a councilmember to be a member of an independent volunteer fire department when a contract for compensation or retirement benefits is negotiated, as long as the procedural requirements for the exception are followed. The attorney general also explained that the reason for the different results in the two earlier opinions was because the 1965 opinion involved a fire department member who was not an officer and the 1971 opinion involved a fire department member who was the fire chief. Minn. Stat. § 412.152. In 1997, the Minnesota Legislature attempted to clarify the issue by allowing Minn, stat. § 410.31 one person to hold the position of statutory city mayor and fire chief of an independent, nonprofit firefighting corporation that serves the city. Although the statute is specifically for statutory cities, home rule charter cities may be able to use it if their charters are silent on the matter. Basically, the mayor and fire chief positions are not incompatible as long as: • The mayor does not appoint the fire chief. • The mayor does not set the salary or the benefits of the fire chief. • Neither office performs functions that are inconsistent with the other. • Neither office contracts with the other in their official capacity. • The mayor does not approve the fidelity bond of the fire chief. The statute remains unclear on several points, however. It does not address council positions other than the mayor. It also appears to be limited to independent, nonprofit fire departments, so city departments (whether volunteer or salaried) are not addressed. And although it outlines general criteria under which there will not be incompatibilities, ambiguity still exists regarding what functions would be considered inconsistent. Because each city has a different relationship with its fire department, a city may want to get a legal opinion from its attorney or from the attorney general before allowing a councilmember to serve as a volunteer firefighter with any sort of supervisory powers. League of Minnesota Cities Information Memo: 5/2412022 Official Conflict of Interest Page 26 RELEVANT LINKS: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 27 D. Consequence—automatic resignation A.G. op. 358-E (Feb. 18, An individual generally can run for election to a position that is 1958). State ex rel. Hilton v. Sword, incompatible with the position the person already holds without resigning 157 Minn. 263,196 N.W. from the first position. However, when an official qualifies for a second and 467(1923). incompatible position (by taking an oath and filing a bond, if necessary), he or she automatically resigns from the first position, which then becomes vacant. "Compatibility ofO ices," Whether two offices are incompatible will depend upon the responsibilities House Information Brief (July 2012). of each of the offices and their relationship. Cities with questions may wish to secure a legal opinion from the city attorney or the attorney general. VI. Codes of conduct Councils often struggle with conveying ethical expectations of their councilmembers. In addition, the conflict of interest (or "ethics") laws are scattered throughout many statutes and court cases, making them difficult to find and hard to interpret. As a result, some cities have developed and adopted their own policies on ethics and conflicts of interest. These policies must not conflict with state law and generally these policies appear in one of two forms: a values statement expressing core principles for ethical conduct, or a formal code of conduct. Cities may adopt a values statement or a code of conduct or both. However, it is important to note that state law does not require formal adoption of a city ethics policy. Research@lmc.org HRbenefits@lmc.org If your city needs assistance with learning about codes of conduct, contact 800.925.1122 the League's Research Department or Human Resources and Benefits 651.281.1200 Department. A. Professional rules of conduct Many professionals have adopted rules of conduct to guide individuals International City/County working within those fields. For example, the International City/County Management Association's Code of Ethics (December Management Association (ICMA) as well as our state's affiliate (MCMA) 2020). has adopted a code of ethics that defines a manager's core set of values. Minnesota City/County These values help define and guide a city manager, s ethical obligations to Management Association's Code of Ethics. council, other staff, the general public, and the profession itself. VII. Ethics in Government Act (campaign financing) Minn. stat. ch. HA. MN Campaign Finance and Minn. Stat. ch. l0A also known as the Ethics in Government Act Act ' (Act), Public Disclosure Board, 190 governs campaign financing. The following briefly overviews some of the Centennial office Building, 658 Cedar Street, St. Paul, major responsibilities of the act (as well as some related statutes) and how MN 55155; (651) 539-1180 they impact some city officials. or(800)657-3889. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 27 RELEVANT LINKS: The Minnesota Campaign Finance and Public Disclosure Board (Board) administers the act. The Board has four primary responsibilities: • Campaign finance registration and disclosure. • Public subsidy administration. • Lobbyist registration and disclosure. • Economic interest disclosure by public officials. Minn. stat. § 10A.02, subd. Individuals subject to the Act may request an advisory opinion from the 12. MN Campaign Finance and Public Disclosure Bram, Board to guide their compliance with the law. Requests for an opinion (as 190 Centennial Office» well as the opinions themselves) are classified as "nonpublic" data, but a Building, 658 Cedar Street, St. Paul, MN 55155; (65 1) "public" version of the opinion may be published on the Board's website. 539-1180 or (800) 657-3889. A. Application All candidates for and holders of state constitutional or legislative offices, as well as other "lobbyists," "principals" and "public officials" must comply with the Act. In addition, while not applicable to all city officials, the Act does apply to "local officials" serving "Metropolitan government units." 1. Local officials Minn. Stat. § I0A.01, subd. 22. A "local official" represents a person who falls into one or both of these categories: • Holds elected office. • Is appointed to or employed in a public position in which the person has authority to make, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of public money. 2. Metropolitan government units Minn. star. § 10A.01, subd. 24. The Act applies to local officials in "metropolitan government units," which Minn. Stat. § 473.121, subd. includes cities with populations over 50,000 in the seven -county metro area. 2. 3. Advocates The Act contains broad reporting requirements for individuals and associations who try to influence the decision-making process. a. Lobbyists Minn. Stat. § I0A.01, subd. A "lobbyist" is an individual who: 21. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 28 RELEVANT LINKS: • Is paid more than $3,000 from all sources in any year attempting to influence legislative or administrative action, or the official action of a metropolitan governmental unit, by communicating (or urging others to communicate) with public officials or local officials. • Spends more than $250 (not including travel expenses or membership dues) in any year attempting to influence legislative or administrative action, or the official actions of a metropolitan government unit, by communicating (or urging others to communicate) with public officials or local officials. Minn. Star. §§ IOA.03-.05. MN Campaign Finance and Lobbyists must register with and report their expenditures to the Board by Public Disclosure Board: January 15 and June 15 each year. These reports must include gifts and Lobbyist Handbook. items valued at $5 or more given to local officials, state lawmakers, or other public office holders. b. Principals Minn. Stat. § IOA.OI, subd. 33. A "principal' is an individual or association that spends more than $500 in any calendar year for a lobbyist or $50,000 or more in a calendar year to Minn. star. § 10A.04, subd. 6. influence legislative action, administrative action, or the official action of metropolitan governmental units. Principals must file spending reports by March 15 with the Board. c. City advocates Minn. star. § IOA.O4. Minn. Stat. § 10A.01, subd. City employees and non -elected city officials who spend more than 50 hours 21, in any month on lobbying activities must also register and submit expense reports with the Board. B. Gift ban Minn. Stat. § 10A.071, subd. I(b). A "gift" is defined as money, property (real or personal), a service, a loan, See section BI, Gifts. the forbearance or forgiveness of debt, or a promise of future employment, given and received without the giver receiving equal or greater value in return. 1. Prohibition Minn. stat. § 10A.071, subd. 2. A lobbyist or principal may not give gifts, or request that others give gifts to officials, and officials may not accept gifts from lobbyists or principals. 2. Exceptions Minn. stat. § 10A.071, subd. 3. Minn. Stat. § 10A.01, The law allows the followinges f giftsdspecific exceptions to the types ounder s P P subd. 11. general ban: League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 29 RELEVANT LINKS: • Contributions to a political committee, political fund, principal campaign committee, local candidate, or party unit. • Services of insignificant monetary value. • Services to assist an official in the performance of official duties. Such services can include advice, consultation, information, and communication in connection with legislation and services to constituents. • A plaque with a resale value of $5 or less. • A trinket or memento costing $5 or less. • Informational material with a resale value of $5 or less • Food or beverage given at a reception, meal or meeting. This exception applies if the recipient is making a speech or answering questions as part of a program that is located away from the recipient's place of work. This exception also applies if the recipient is a member or employee of the legislature and an invitation to attend was given to all members of the legislature at least five days before the date of the event. • Gifts received because of membership in a group. This exception does not apply if the majority of group members are officials. In addition, an equivalent gift must also be offered to the other members of the group. • Gifts between family members. However, the gift may not be given on behalf of someone who is not a member of the family. 3. Advisory opinions Minn. stat. § IOA.02, subd. The Board issues advisory opinions regarding the lobbyist gift ban. These 12. MN Campaign Finance and opinions may be relevant to any Minnesota city struggling with the Public Disclosure Board, 190 application or implication of a gift ban to a particular situation. Centennial Office Building 658 Cedar Street, St. Paul, MN 55155; (651) 539-1180 or(800)657-3889. C. Filings and disclosures Minn. Star. § 10A.01, snbd. Chapter l0A applies to "metropolitan governmental units" and includes 24. MN Campaign Finance and some cities. Only local officials (including candidates for elected office) in Public Disclosure Forms. the seven county metropolitan area cities with a population over 50,000 must submit the following to the Board. 1. Statements of economic interest Minn. Star. § 10A.09. Local officials (including candidates for elected office) in cities within the seven -county metropolitan area with a population over 50,000 must file a Minn. Star. § 10A.09, statement of economic interest with the board. subd.6a. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 30 RELEVANT LINKS: a. Time for filing Minn. Star. § 10A.09, subd. An individual must file within one of the following timeframes: 1. • Within 60 days of accepting employment. • Within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective office. b. Notification Minn. star. § 10A.09, subd. The county auditor must notify the Board upon receipt of an affidavit of 2. MN Campaign Finance and candidacy or a petition to appear on the ballot from someone required to file Public Disclosure Board a statement of economic interest. Likewise, an official who nominates or Elected or Appointed Officials Statement of employs an individual required to file a statement of economic interest must Economic Interest and notify the Board. The county auditor or nominating official must provide: Candidates Filing for Office Statement of Economic Interest. • The individual's name. • The date of the affidavit of candidacy, petition, or nomination. c. Form Minn. Stat. § 10A.09, subd. Local officials must report the following information: 5. • Their name, address, occupation, and principal place of business. • The name of each associated business (and the nature of that association). • A listing of all real property interests in the state (excluding homestead). • A listing of interests connected to pari-mutuel horse racing in the U.S. or Canada. • A listing of the principal business or professional activity category of each business where the individual receives more than $250 in any month during the reporting period as an employee, but only if the individual has a 25% or more ownership interest in the business. • A listing of each principal business or professional activity category where the individual has received more than $2,500 in compensation in the past 12 months as an independent contractor. • A listing of the full name of each security with a value of more than $10,000 owned in part or in full by the individual at any time during the reporting period. Minn. Star. § I0A.09, subd. An original statement of economic interest filed by a person within 60 days Sa (a). of accepting employment must cover the calendar month before the month in which the individual accepted employment as a public official or a local official in a metropolitan governmental unit. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 31 RELEVANT LINKS: Minn. stat. § IOA.o9, snba. Sa (c). An original statement of economic interested filed by a person within 14 days after filing an affidavit of candidacy or petition to appear on the ballot for an elective office must cover the calendar month before the month in which the candidate filed the affidavit of candidacy. Minn. stat. § 10A.09, snba. 6, Local officials must file annual statements b the last Monday to January of Y Y rY each year. The annual statement must cover the period through Dec. 31 of the year prior to the year when the statement is due. The annual statement must include the amount of each honorarium in excess of $250 received since the previous statement and the name and address of the source of the honorarium. The board must maintain each annual statement of economic interest submitted by an officeholder in the same file with the statement submitted as a candidate. An individual must file the annual statement of economic interest required by this subdivision to cover the period for which the individual served as a public official even though, at the time the statement was filed, the individual no longer is holding that office as a public official. d. Access Minn. stat. § I0A.09, snba. 6a. The local official must file the statement with the city council. If an official position is both a public official and a local official of a metropolitan governmental unit, the official must also file the statement with the Board. Statements of economic interest are classified as public data and must be maintained by the governing body. e. Pension plan trustees a inn. stat. § 356A.06, snba. Each member of the governing board of a public pension plan must file a Minn. stat. § 424A.04. statement of economic interest. This applies to the trustees of a local relief association pension plan and includes ex -officio members, such as the mayor and city clerk. The statement must include: • The person's principal occupation and place of business. • Whether or not the person has an ownership of or interest of ten percent or greater in an investment security brokerage business, a real estate sales business, an insurance agency, a bank, a savings and loan, or another financial institution. • Any relationships or financial arrangements that could give rise to a conflict of interest. a inn. stat. § 356A.06, snba. The statement must be filed annually with the plan's chief administrative officer and be available for public inspection during regular office hours. The statement must also be filed with the Board by January 15 of each year. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 32 RELEVANT LINKS: Minn. Stat. § 10A.07. MN Campaign Finance and Public Disclosure Board: Potential Conflict of Interest Notice. Minn. Stat. § 10A.07, subd. 1. Minn. Stat.§ 10A.07, subd.2 Minn. Stat § 10A.07, subd. 2. MN Campaign Finance and Disclosure Board: Inability to Abstain from Potential Conflict of Interest Form. Minn. Stat. § 469.009. Minn. Stat. § 469.098. f. Disclosure When conflicts arise, the interested official or employee must: • Prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest. • Deliver a copy of the notice to his or her superiors. • If the official is an employee, notice should be provided to his or her immediate supervisor. • If the official reports directly to the city council, notice should be given to the council. • If the official is appointed, notice should go to the chair of that board, commission, or committee. If the chair has the conflict, notice should go to the appointing authority—the city council. • If the official is elected, the written statement should go to the presiding officer (typically the mayor). • If the potential conflict involves the mayor, notice should be provided to the acting presiding officer. If a potential conflict arises and there is not time to provide written notice, the official must orally inform his or her supervisor or the city council. g. Delegation or abstention The official's supervisor must assign the matter to another employee who does not have a potential conflict of interest. If there is no immediate supervisor (as is the case with the city council), the official shall not chair a meeting, and must abstain from voting or otherwise influencing the decision-making process through discussion or offering motions. h. Inability to abstain If the city official is not permitted to abstain or cannot abstain, he or she must file a statement describing the potential conflict and the action taken. The official must file this statement with the city council within a week of the action. HRAs and EDAs Before taking an action or making a decision which could substantially affect the commissioner's (or an employee's) financial interests (or those of an organization with which the commissioner or an employee is associated), commissioners or employees of an HRA or EDA must disclose their interests. Individuals face criminal penalties for noncompliance. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 33 RELEVANT LINKS: D. Violations "Public and Local Officials Individuals, subject to the Act, can be personally responsible for any Handbook," MN Campaign Finance and Public sanctions that result from failing to comply with the reporting requirements. Disclosure Board (October Individuals may be subject to criminal and civil penalties if they: 2021). • Knowingly file false information or knowingly omit required information. • Willfully fail to amend a filed statement. • Knowingly fail to keep records for four years from the date of filing. MN Campaign Finance and Local officials with questions concerning their responsibilities under the Act Public Disclosure Board, 190 Centennial Office Building, should contact their city attorney or Board staff. 658 Cedar Street, St. Paul, MN 55155; (651) 539-1180 or(800)657-3889. VIII.Conclusion All public officials face ethical challenges during the term of their public service. Reviewing the roles elected and appointed officials play within city government helps councils and staff sort out responsibilities, identify and mitigate conflicts of interests, and generally avoid the appearance of impropriety. League of Minnesota Cities Information Memo: 5/24/2022 Official Conflict of Interest Page 34 0�) THE OPEN MEETING LAW EXCEPTIONS 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. 1. Meetings that may be closed a. Labor negotiations under PELRA (Minn. Stat. §13D. 03) A meeting to consider strategies for labor negotiations, including negotiation strategies or development or discussion of labor -negotiation proposals, may be closed. The following procedure must be used to close a meeting under this exception: • The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. • Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. • A written 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. b. Performance evaluations (Minn. Stat. 03D.05. subd 3(a)) A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The following procedure must be used to close a meeting under this exception: • 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. • 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)) 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. 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 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. & Purchase or sale of property (Minn. Stat $13D.05 sub& 30) A public body may close a meeting to: • Determine the asking price for real or personal property to be sold by the public body. • Review confidential or nonpublic appraisal data. • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. 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, describe the subject to be discussed, and identify the particular property that is the subject of the meeting. • 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 ..03D.05, subd 30) 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. 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. 2. Meetings that must be closed a. Misconduct allegations (Minn. Stat 03D.05, subd 2(b)) A public body must close a meeting for preliminary consideration of allegations or charges against an individual subject to the public body's authority. 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. • 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. b. Certain not -public data (Minn. Stat .$13D.05. subd 2(a)) 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. 0 Certain medical records. 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. OPEN MEETING LAW Presentation Purpose of Open Meetine Law To promote openness in governmental proceedings. Why Have Open Meetin! Laws? • To assure the public's right to be informed. • To detect improper influence. • To afford the public an opportunity to present its views to the board. Basic Requirement of OML • Provide advance notice of meeting(s). • Ensure meetings are open to the public. What is a "Meetine" ? * OML does not define "meeting" MN Supreme Courts defines meeting as: "A quorum or more of a public body governed by OML where the public body discusses, decides or receives information on issues relating to the public body's official business. " Who Must Comply? • Governing public bodies and their boards, commissions, committees, and sub -committees. • Recommended that any group that is established by the City Council, its members are appointed by the Council and has been assigned specific tasks or duties, should follow OML requirements. What is a Quorum? The minimum number of voting members who must be present at the meeting to conduct business Example 1 A quorum of members attend a training program for City officials. There is no discussion of City business. This would not fall under the requirements of OML. (Ag. Op 63a-5, February 5, 1975) Example 2 The Board/Commission meeting is officially adjourned. While members are gathering up their belongings to leave, a quorum of members casually discuss what transpired at the meeting. BLE OML VIOLA T Example 3 A quorum of a board/commission members decide to attend a City Council meeting where a City issue is being discussed. Members of that board/commission participate in the discussion. (the mtg was not posted for the board/commission) POSSIBLE OML VIOLATION!! Unless the board/commission posted that a quorum of members would be attending the meeting and participating in the discussion, this is not appropriate. Topics of mutual interest to boards, commissions& the Council needs to be held in an open meeting that has been properly noticed for each board and commission that is participating. Example 4 A Councilmember attends a Board or Commission meeting, observes but does not participate. Other Councilmembers serve on the committee, thus a quorum of the City Council exists because the additional Councilmember is in attendance. Proper notice of the meeting was provided, but no notice of a City Council meeting was provided. This may NOT be a violation of OML, as long as the additional Councilmember (who does not serve on the committee), did not participate in the discussion or deliberation. (Ag. Op 63a-5- Aug 28, 1996) What is NOT a MeetinL? • Individual contacts or conversations. • Conferences or seminars. • Other organization or community group's open and publicized meetings (where you are not attending as a City official and are not discussing official business of your board/commission). • Purely social or ceremonial events. • Attendance as an observer at another board/commission meeting. Serial Meetings Member "A" talks to member 'B" about a City issue. Member 'B" then talks to member "C" about the same issue. Member "C" then talks to member "A" about the issue. POSSIBLE OML VIOLATION!!! Email Between Members Member 'A" emails member "B" about a City issue. Member "B" then forwards email and comments to member "C". Even if member "C" doesn't reply to member "B" or "A'; the 3 members have still communicated about City business outside a public meeting. POSSIBLE OML VIOLATION!!! TYPES OF COMMUNICATION? • Talking in person. • Telephone conversation (s). • Email. • Texting. • Social Media (i.e. Facebook, MySpace, Twitter, Blogs, etc.). Emails From The Public A citizen sends an email to all members of a particular board or commission. If you choose to respond, DO NOT HIT "REPLY ALL" and do not copy your other board members on your response. If you would like the members to know your response, please send it through City staff and request that it be distributed to the other members. City's Preference Members refrain from communicating to members of City boards and commissions using electronic mail. Instead, use electronic communication as a way to distribute & receive information through City s�tafL.. DATA PRACTICES & EMAIL Email communication by members is subject to the laws related to Data Practices & Retention. Communication From Personal Technolo2v If your communication is sent in the capacity of a City official, those documents are no longer private. They are subject to the Data Practices Act and retention guidelines and public access rules as provided for in State Law. General Correspondence If communication transmitted through your personal device relates to specific City business, the transmission content must be retained for 3 years. (saving this information is the responsibility of the member) This includes email through your personal computer, phone, etc ! City Staff Assistance Sending information to City staff requesting it be shared with other members: • Helps to prevent OML violations. • Helps to keep all members equally informed. • Helps to keep staff informed and able to effectively and efficiently perform their job. PENALTIES FOR OML VIOLATIONS Reasonable costs, disbursements, and attorney fees up to $13, 000. $300 fine per violation. (to the individual that violated OML) A City CANNOT PAY this fine on behalf of the violator — even if they are an official member of a Council, Board, Committee or Commission. PENALTIES cont'd 3+ separate, unrelated, intentional violations results in the Forfeit of office ! MEMBER INVOLVEMENT If you are a recipient of an email, sent to a quorum of members, please send the email to staff so that we are aware of the situation and can react appropriately by providing OML information to the sender. COMPLAINTS The City asks that we be notified of all potential OML violations as soon as it is discovered. However •uoiliumlojui IWO sapino.id Siuo X113 auZ Advisory Opinions are obtained front: MNDept of Administration/IPAD 201 Administration Building 50 Sherburne Ave St. Paul MN 55155 651-296-6733 In o. ipad&state. mn. us IPAD does not investigate complaints, they provide Advisory Opinions. Advisory Opinions are at a cost to the person requesting the opinion. WHO CAN FILE A COMPLAINT? An action to enforce the penalty for OML violations may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. (Minn. Stat. § I3D.06, subd 2) HOW DO I FILE A COMPLAINT? The filing of a complaint is an individual action and is done at District Court. QUESTIONS ???? LEAGUE OF MINNESOTA CITIES ONLINE TRAINING COURSES Open Meeting Laws (60 Minutes) https://www.Ime.org/leaminiz-events/leamings/open-meeting-la Conflict of Interest (15 Minutes) https://www.Imc.org/leaming-events/leamings/govemance-conflict-of-interest/ (D Q, LMC LEAGUE of MINNESOTA CITIES A Good Start to Good Governance Guidance for Newly Elected City Officials from the League of Minnesota Cities Congratulations on your election! Serving a city says a lot about a person's sense of public responsibility, but being on city council isn't easy. The League of Minnesota Cities offers guidance to elected officials across the state on a variety of topics and we're here to help. Here's just a sample: ■ Can I rehash the city council meeting with my colleagues at the cafe after we adjourn? Find out if council can talk about city business outside of a public meeting — see page 11. ■ Can I talk to the public works director about some department performance problems I've identified? Find out what power a single councilmember has to make changes — see page 2. ■ Can I improve the efficiency of our city government by using email to communicate among councilmembers? Find out if its a problem that the public can't see and participate in these discussions — see page 12. OCTOBER 2020 Don't think twice about turning to the League of Minnesota Cities for answers! This booklet represents just a sample of the governance information and resources the League offers. When you need to know more, turn to the League! ■ Contact the League anytime with any questions at (800) 925-1122 or research@lmc.org. ■ Check out more great resources for new city officials at www.imc.org/goodstart. League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 TDD: (651) 281-1290 • Fax (651) 281-1299 www.Imc.org The information below on elected officials and council structure and role is an excerpt from Chapter 6 of the League's Handbook for Minnesota Cities. The Handbook is available FREE on the League's website at www.Imc.org. It has information for city councils on: • the form and structure of Minnesota Cities; • elections, elected officials, and council meetings; • regulatory and development functions of cities, liability, finance, budgeting and debt, and more. The cornerstone of city government in Minnesota is the elected city council. The city council fashions the policies that determine a community's present and future well-being. Because people look to their local government for leadership, much of the responsibility for community development falls on the shoulders of city councilmembers. Although the mayor is a member of the council in statutory cities and the clerk is a member of the council in Standard Plan cities, the mayor and clerk in all cities have some special duties. This document will discuss the special aspects of these positions and the city council's role in city governance. ■ Terms of office All terms of office in statutory cities begin on the first Monday of January following the election. The terms of the old officers end at this time, or as soon after that as the newly elected officers qualify by taking an oath and filing a bond, if one is required. If the newly elected officer refuses or fails to qualify, the incumbent officer continues to hold office until the council declares the office vacant and appoints a successor. The length of the various terms of office is provided by statute. ■ Oath of office Whether or not officials need a bond, they must take and sign an oath of office before exercising any of their powers. This includes members of councils, boards, commissions, and administrative officers. This applies to appointed as well as to elected officials. The oath is as follows: "I, (name) do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully the duties of the office of (insert brief description of office) of the city of (insert city), Minnesota, to the best of my judgment and ability, so help me God." If the officer objects to an oath on religious grounds, the word "affirm" can substitute for the word "swear," and the phrase "and this I do under the penalties of perjury" can substitute for the phrase "so help me God." Any person with authority to take and certify acknowledgments may administer the oath, including the city clerk, a justice of the peace, a notary public or a register of deeds. The candidate taking the oath must lift his or her hand while reciting the oath. The candidate qualifying for office must take the oath and sign a copy of the oath in the presence of the administering official. The signed copy should go to the city clerk for filing. City assessors should file their copy with the county auditor. If an officer must also submit a bond, the oath should be attached to the bond and both documents should go to the city council for approval and then to the clerk for filing. City council and its powers It is the duty of the mayor, clerk, and councilmembers to ensure the city is fulfilling its duties under the law and lawfully exercising its powers. City officials can sometimes be held personally liable for failing to act or for taking unauthorized actions on the part of the city. To avoid personal -liability lawsuits, city officials should gain a working knowledge of the laws that regulate city government. Whenever there is any doubt about the validity of an action or procedure, city officials should consult their city attorney. A Good Start to Good Governance League of Minnesota Cities ■ Role of the individual councilmember Councilmembers' statutory duties are to be performed, almost without exception, by the council as a whole. For example, the council, not individual councilmembers, must supervise administrative officers, formulate policies, and exercise city powers. Councilmembers should devote their official time to problems of basic policy and act as liaisons between the city and the general public. Councilmembers should be concerned, not only with the conduct of daily affairs, but also with the future development of the city. The most important single responsibility of a councilmember is participation at council meetings. In statutory cities, each councilmember, including the mayor, has full authority to make and second motions, participate in discussions, and vote on every matter before the council. In a statutory city, any two councilmembers of a five -member council or any three members of a seven - member council may call a special meeting. Care should be exercised to give proper notice, however. WnNtAs individuals, councilmembers have no administrative authority. They cannot give orders or otherwise 7o supervise city employees unless specifically directed to do so by the council. The council, however, has KtIOW complete authority over all administrative affairs in the city. In Plan B cities, this authority is generally -pitsrestricted to conducting investigations and establishing policies to be performed by the manager. ■ The council's authority The city council is a continuing body. New members have no effect on the body except to change its membership. This means that all ordinances and resolutions remain in effect until the council alters or rescinds them, or until they expire through their own terms. At any time, the council can change any resolution, ordinance or administrative order whether or not the individuals presently on the council are the same as those serving when the council originally took action. There are exceptions to this rule. For example, the council cannot dissolve a perpetual -cemetery - maintenance fund. In addition, the council cannot rescind or unilaterally alter any valid contracts. This means the law of contracts applies to the council as it does to any other party. Whether a contract was validly made is a question of fact. The following information outlines the major areas of council authority and responsibility. 1. Judging the qualification and election of its own members The council evaluates the credentials of individuals who are, or who claim to be, members of the council. This power includes certifying election results, determining whether an individual has the necessary qualifications to hold office, and deciding whether a council vacancy has occurred. 2. Setting and interpreting rules governing its own proceedings The council has the following powers: • To preserve order during its own meetings. • To establish rules of procedure. • To compel the attendance of members at meetings and to punish nonattendance. The council does not have the power to remove members from office, but it may punish members by fines or by deducting a part of the absentee's compensation for failure to comply with attendance orders. 3. Exercising all the powers of cities that the law does not delegate to others Except for powers that the statutes delegate to a specific official or independent board or commission, the council has the authority to exercise all powers given to the city. 4. Legislating for the city The council may enact ordinances by a majority vote of all its members except where a larger number is required by law. The power to legislate also includes setting administrative policies and otherwise establishing public policy for the city. The council has the power to declare that violations of any ordinance are a crime and may prescribe penalties for ordinance violations. The statutory city code limits the penalty for ordinance violations to a fine of up to $r,000 or go days in jail, or both. A Good Start to Good Governance League of Minnesota Cities S. Directing the enforcement of city ordinances The council directs the enforcement of city ordinances by determining the level of law enforcement, setting qualifications for the police chief and police officers, purchasing certain types of equipment for police use, and by directing and supervising the work of police officers indirectly, through the police chief. The city council also directs all departments and employees responsible for the administration of its policies and ordinances in the general administration of their duties. The city council generally should not direct the enforcement efforts of its employees as to particular situations. 6. Appointing administrative personnel In Standard Plan and Plan A cities, the council has the sole authority to appoint all city employees. In Plan B cities, the council appoints a city manager, who in turn appoints all city employees. The council may not dictate that the city manager appoint a particular person to city employment. Additionally, the council may not give any orders to any subordinate of the manager, either publicly or privately. 7. Transacting city business The transaction of city business includes a wealth of activities, such as purchasing, executing legal papers, taking bids, letting contracts, making discretionary administrative decisions, and evaluating the work of the administrative departments and personnel. 8. Managing the city's financial operations The council has full authority over the city's financial affairs, including but not limited to: • Levying taxes. • Adopting a budget. • Auditing and settling accounts. • Safekeeping and disbursement of public monies. • Borrowing money. • Designating depositories. Councils should seek the advice of their staff and of consultants in making many of these decisions. 9. Appointing members of the boards The council may create departments and advisory boards and appoint officers, employees, and agents for the city as deemed necessary for the proper management and operation of the city. 10. Conducting the city's intergovernmental affairs The council may make agreements for the joint exercise of powers through agreements with other units of government, appoint people to serve on intergovernmental bodies, conduct city business with state and federal agencies, and participate in intergovernmental programs and the work of municipal associations such as the League of Minnesota Cities. 11. Protecting the welfare of the city and its inhabitants Elected officials must formulate policies that will help the city solve anticipated problems and adjust to social and economic trends. This requires long-range planning regarding city facilities and needs. 12. Providing community leadership In addition to participating in civic events, city officials provide leadership by promoting new ideas and suggesting new programs to improve the community and its surrounding areas. Mayor As the head of the city, the mayor officially speaks for both the government and the community as a whole. In all statutory cities and in most charter cities, the mayor is the presiding officer and a regular member of the city council. The mayor has all the powers and duties for the office of councilmember in addition to those of mayor. In a home rule charter city, the charter spells out the duties and responsibilities of the mayor. This chapter, however, deals with mayors of statutory cities. Many mayors belong to the Minnesota Mayor's Association (MMA), which is affiliated with the League and holds an annual conference on issues of interest to mayors. Contact the League for more infonnation about the MMA. A Good Start to Good Governance League of Minnesota Cities 4 Official head of the city As the official head of the city, the mayor has three important responsibilities: First, the mayor usually serves as the city's representative before the Minnesota Legislature, federal agencies, and other local governments. Second, the mayor performs ceremonial duties on behalf of the community. The mayor usually greets important visitors, gives formal and informal talks, and takes part in public events. Because local civic groups frequently ask the mayor to speak, the mayor must be prepared to explain city problems and defend city programs. A third responsibility is to exert leadership in city affairs. Because the mayors of statutory cities lack significant individual authority, this responsibility frequently calls for tact rather than overt acts of direction or supervisory control. ■ Executing official documents The mayor of a statutory city must sign ordinances, contracts authorized by the council, and written orders for payment of claims that have been audited and allowed by the council. These are ministerial duties, and the mayor may not refuse to sign if the purpose, approval, and form are legally correct and complete. Power to make some appointments The power to appoint usually resides in the council. The mayor has authority to make the following appointments, however, subject to council approval: • Park board members. • Public library board members. • Emergency management director. • Hospital board members. • Some police civil service commission members. • HRA members. • EDA members. The mayor has authority to make the following appointments without needing council approval: • City art commission members (First Class cities). • The mayor also appoints to fill vacancies in elective offices if the council vote to fill the vacancy is tied. ■ Presiding officer at council meetings Plan A and Plan B statutory city councils are usually composed of five members consisting of the mayor and four councilmembers. In a Standard Plan city, the council consists of the mayor, the clerk, and three councilmembers. Any statutory city, however, may adopt a council size of seven following a council ordinance and voter approval at the next general city election. The mayor serves as presiding officer at council meetings. The mayor generally recognizes speakers for debate and motions, and rules on questions of council procedure. The power to rule on council procedure is especially significant because once rulings are made they are binding on the council, unless the council votes to challenge them. A statutory city mayor can vote on all motions put before the council, but does not have the right to veto council actions. The right of the mayor to make and second motions is implied from the mayor's privilege of voting and taking part in regular council deliberations. The mayor has an obligation to be impartial and objective in conducting the meeting. Mayors may also call special meetings. ■ Declaring local emergencies Only the mayor can declare a local emergency. A local emergency cannot last for more than three days except with the consent of the city council. A local emergency must receive prompt and general publicity. The clerk must promptly file any order or proclamation declaring, continuing or terminating the emergency. A declaration of a local emergency invokes the response and recovery aspects of any local or interjurisdictional disaster plans and may authorize aid and assistance. No interjurisdictional agency or official may declare a local emergency unless expressly authorized by an agreement. An interjurisdictional disaster agency must provide aid and services in accordance with the agreement. A Good Start to Good Governance League of Minnesota Cities Team mindset by leaders Highly cohesive teams have more success achieving the goals they have set for themselves. Lack of civility within a team working environment impacts team performance by causing unnecessary stress and tension among team members. Leaders of highly cohesive teams do the following: 1. Cut people slack — remember the situation likely is new for everyone and may be causing angst for all. 2. Don't play the blame game. Don't play the power game. Councils and council -staff represent a team. 3. Focus on process, not the people involved. 4. Assume good motives of others. 5. Listen to learn, rather than pretending to listen while formulating a counterargument. 6. Ask expansive questions and be patient with silence while waiting for a response. Compromise is good, but understanding all the underlying interests may lead to a new idea that meets everyone's needs. 7. Practice interpersonal empathy. Remember empathy does not mean giving up your beliefs; rather, it means listening, respecting others' positions, and validating their worth. 8. Identify individual strengths of team members and recognize their unique contributions to validate belonging. 9. Learn to delegate with clear expectations to empower others. lo. Celebrate success — all success. Realize success comes in all shapes and sizes. The information below on meetings and hearings is an excerpt from the League's Governing and Managing Information Memo on "Meetings of City Councils." The section on the open meeting law applies to all city councils, city boards, commissions, and otherpublic bodies The League has many Information Memos on topics for city councils such as: • Securing Payment of Utility Charges; • Acquisition and Maintenance of City Streets; • Liquor Licensing and Regulation, and more. You can find these memos on the League's website at www.Imc.org. Or to get a FREE copy of any memo or to ask a question about city government, contact the League's Research Service at (800) 925-1122 or research@lmc.org. ■ Meetings A meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. The members of the public usually do not speak at a meeting, although some city councils will occasionally recognize a member of the audience. 1. Types of meetings There are basically two different types of meetings: • Regular meetings. Regular meetings of a statutory city council are held at times established by council rules. A council will typically meet once a month on a particular day, although some councils may have regular meetings scheduled more frequently. Home rule charter cities should consult their charters and any council rules concerning the scheduling of regular meetings. • Special meetings. Special meetings are meetings held at times or places that are different from the regularly scheduled meetings. These are often scheduled to deal with specific items that need to be addressed before the next regular meeting. Generally, any matter can be addressed at a special meeting that can be addressed at a regular meeting. There are different types of special meetings, such as emergency meetings and continued meetings, which are discussed in more detail in a later section of this memo. A Good Start to Good Governance League of Minnesota Cities 2. First meeting of the year There is no date set by statute for the first meeting of the year. In most statutory cities, the date is set by an ordinance establishing rules of procedure for the council. A home rule charter city should consult both its charter and any procedural rules the council has adopted. The term of office for new statutory city councilmembers begins on the first Monday in January. The first meeting is usually held on or shortly after this date. In the meantime, all previously chosen and qualified councilmembers shall serve until their successors qualify. The first day of a new term in a home rule charter city is generally set by the charter. The following must be done at the first meeting of the year: • Appoint an acting mayor. • Select an official newspaper. • Select an official depository for city funds. (This must be done within 3o days of the start of the city's fiscal year.) In addition, although not required by statute, many city councils will also do the following at the first meeting of the year: • Review council's bylaws and make any needed changes. • Assign committee duties to members. • Approve official bonds that have been filed with the clerk. Home rule charter cities may have additional requirements for their first meeting of the year in their charters. ■ Hearing from the public A public hearing is a meeting that is held where members of the public can express their opinions. 1. Discretionary hearings The council can regulate the time, place, and manner of the public comment portion of meetings and make sure that people who want to speak on the issue get the opportunity. The council does not deliberate or discuss matters during the public -comment portion of this type of meeting; instead, it listens to the public. Once the public -comment period is finished, the council will often continue with or wrap up the meeting. In order to recess or continue a meeting of this sort, the council should not formally end the public - comment part of the hearing. Many city councils will allow public comment even when not legally required to do so. Generally, public -comment portions of meetings are for the purpose of allowing the public to comment on a specific issue. Such comment periods can be helpful in raising concerns about an issue that the council may not have considered. 2. Public Comment Portion of Meetings When a specific statute, ordinance or charter provision requires that the council hold a public hearing, the notice requirements must be followed carefully. Often there are special notice requirements that are more substantial than the notice that is needed for a simple special meeting. For example, hearings required for zoning ordinance amendments and special assessments have special notice requirements. Following are several of the more common matters that require public hearings: • Street vacation. • Annexation by ordinance. • Local improvement projects that will be paid for with special assessments. • When special assessments are made to property. • Storm sewer improvement district purchases and improvements of waterworks, sewers, drains, and storm sewers. • Adoption of a housing redevelopment authority (HRA) resolution. • Adoption of an economic development authority (EDA) enabling resolution. • Sale of port authority land. • Sale of EDA land. A Good Start to Good Governance League of Minnesota Cities • Increase of levy for an EDA. • Continuation of a municipal liquor store after a net loss for two of three consecutive years. • Adoption or amendment of a zoning ordinance. • Subdivision applications. • Granting of a conditional use permit. • Adoption of a charter amendment by ordinance. There are other situations that may require public hearings. Contact the League's Research Department at (651) 281-lzoo or (boo) gz5-1122 for further information if you are unsure about a particular situation. The open meeting law The Minnesota open meeting law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: • To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or detect improper influences. • To ensure the public's right to be informed. • To afford the public an opportunity to present its views to the public body. The open meeting law also contains some specific notice and record-keeping requirements, which are discussed in detail in later sections of this document. ■ Groups to which the law applies The open meeting law applies to all governing bodies of any school district, unorganized territory, county, city, town or other public body, and to any committee, sub -committee, board, department or commission of a public body. Thus, the law applies to meetings of all city councils, planning commissions, advisory boards, firefighter relief associations, economic development authorities, and housing redevelopment authorities, among others. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. §§ 453.51-453.6z, is not subject to the open meeting law because the Minnesota Legislature granted these agencies authority to conduct their affairs as private corporations. ■ What is a meeting? There is no statutory definition of the term "meeting" for the purpose of the open meeting law. Minnesota courts have generally ruled that a meeting is a gathering of a quorum of public officials to discuss, decide or receive information on matters over which they have authority. Because the term "meeting" has not been clearly defined, the issue of whether or not a meeting has been held must be decided on a case-by-case basis. Some examples of cases are discussed in further detail in a later section of this memo. ■ Gatherings to which the law applies The open meeting law applies to any gathering of a quorum or more of public officials where the members discuss, decide or receive information as a group on issues relating to the official business of the public body. A "quorum" is a majority of the members of a statutory city council. A majority of the qualified members of any board or commission also constitutes a quorum. Home rule charter cities may have different quorum requirements in their charters. Thus, the open meeting law would apply to any of the following types of gatherings: • Regular and special meetings. • Public hearings. • Executive sessions. • Work sessions. • Retreats. A Good Start to Good Governance League of Minnesota Cities E-3 ■ Exceptions and the procedures to use them There are some exceptions to the open meeting law. Under certain circumstances, some meetings may be closed. There are also some meetings that must be closed. Before a meeting can be 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. 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. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: • Meetings to consider strategies for labor negotiations under PELRA. Although a meeting to consider strategies for labor negotiations maybe closed, the actual negotiations must be done at an open meeting if a quorum of the council is present. Procedure. The following must be done to use this exception: — Before closing the meeting, the council must decide to close the meeting by a majority vote at a public 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 roll of all people present at the closed meeting must be available to the public after the closed meeting. — The meeting must be tape-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. 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 it 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. • Meetings to evaluate the performance of an individual subject to the public body's authority. Procedure. The following must be done to use this exception: — 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 in order to allow the individual to make an informed decision. — 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. • Attorney-client privilege. 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. 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 underlying action that may give rise to future litigation. A Good Start to Good Governance League of Minnesota Cities 9 Procedure. The following must be done to use this exception: — 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. • Purchase or sale of property. A public body may close a meeting to: determine the asking price for real or personal property to be sold by the public body; review confidential or nonpublic appraisal data; develop or consider offers or counteroffers for the purchase or sale of real or personal property. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body 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. — The meeting must be tape-recorded and the property must be identified on the tape. 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 councilmembers 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. • Security Briefings. A meeting may be closed to receive security briefing and reports, to 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. Procedure. The following must be done to use this exception: — Before closing the meeting, the public body 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 public body must refer to the facilities, systems, procedures, services or infrastructure 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. 2. Meetings that must be closed There are some meetings that the law requires to be closed. The following meetings must be closed: • Meetings for preliminary consideration of allegations or charges against an individual subject to the public body's authority. 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. Procedure. The following must be done to use 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. — 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 an informed decision. — The meeting must be electronically recorded and the recording must be preserved for at least three years after the meeting. A Good Start to Good Governance League of Minnesota Cities 10 — If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. (Note: There is a special provision dealing with allegations of law enforcement personnel misconduct; see next discussion*.) Portions of meetings at which any of the following data is discussed. — 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. — An individual's medical records governed by sections §§ 144.291 to t44z98. Procedure. 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 electronically recorded, and the recording must be preserved for at least three years after the meeting. ■ Notice requirements Public notice must be given of all meetings of a public body. The notice requirements differ depending 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, regardless of the method of receipt. It should also be noted that statutory cities have some additional requirements for mailing notice to their councilmembers regarding special meetings. There may also be additional notice requirements for home rule charter cities to consider. These cities should consult their charters for more information. 1. Regular meetings A schedule of the regular meetings must be kept on file in the city office. If the city decides to hold a meeting at a different time or place, it must give the notice required for a special meeting. Cities must keep a schedule of the regular meetings of the council on file at the primary office of the council. This requirement can be complied with by posting the regular meeting schedule in a convenient public location. 2. Special meetings A special meeting is a meeting that is held at a time or location different from that of a regular meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board. If notice is posted on a bulletin board, the bulletin board must be located in a place that is reasonably accessible to the public. The notice must give the date, time, place, and purpose of the meeting. It must also be mailed to each individual who has filed a written request for notice of special meetings. As an alternative to posting the notice, the city can publish notice in the official newspaper at least three days before the meeting. A city must post written notice of a special meeting on its principal bulletin board or on the door of its meeting room if it does not have a bulletin board at least three days prior to the meeting. In statutory cities, the clerk must mail notice of special meetings to all councilmembers at least one day before the meeting. In calculating the number of days for providing notice, do not count the first day that the notice is given, but do count the last day. If the last day is a Saturday, Sunday or a legal holiday, that day is omitted from the calculation and the following day is considered the last day (unless, of course, it happens to be a Saturday, Sunday or legal holiday). A Good Start to Good Governance League of Minnesota Cities 11 3. Emergency meetings An "emergency meeting" is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. Posted or published notice of an emergency meeting is not required. However, the city must make a good faith effort to notify each news outlet that has filed a written request for notice. Notice must be given by telephone or any other method to notify members of the public body. The notice must include the subject of the meeting. 4. Recessed or continued meetings No additional notice is needed for a recessed or continued meeting if all of the following criteria are met: • The meeting is a recessed or continued session of a previous meeting. • The time and place of the meeting was established during the previous meeting. • The time and place of the meeting was recorded in the minutes of the previous meeting. S. Closed meetings The same notice requirements apply to closed meetings as to open meetings. Additionally, advance notice to an individual who will be the subject of such a meeting is needed under certain circumstances (such as to employees who are the subject of performance evaluations or disciplinary proceedings). ■ Written materials At least one copy of the materials related to agenda items that are made available to the council at or before the meeting must also be made available for inspection by the public. However, this does not apply to not -public data or materials relating to the agenda items of a closed meeting. ■ Common problems in applying the law There arc many situations for which the open meeting law is unclear. This section provides an overview of some of the more common situations and how the law may be applied. 1. Data practices Generally, meetings may not be closed to discuss data that is not public. However, the public body must close any part of a meeting at which certain types of not -public data are discussed (such as active law enforcement investigative data, police internal affairs data, medical records data, and certain victim, health, medical or welfare data). 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 Minnesota Government Data Practices Act (MGDPA). However, not -public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: • The disclosure relates to a matter within the scope of the council's authority. • The disclosure is necessary to conduct the business or agenda item before the public body. 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. Executive sessions The attorney general has advised that executive sessions of a city council must be open to the public. 3. Committees and liaisons The attorney general has advised that standing committees appointed by a governing body also are likely subject to the open meeting law. Many city councils create committees to make recommendations to the council. Commonly, such committees will be responsible for researching a particular area and submitting a recommendation to the council for its approval. Such committees are often labeled as advisory, and the council is still responsible for making the final decision. The law is not clear when these types of committees or citizen panels are subject to the Open Meeting Law. Courts often do a fact analysis when reviewing Open Meeting Law challenges involving so-called "advisory" committees to determine if the committee represents a standing committee whose recommendations the council generally or always follows, or if the committee acts in more of an ad hoc advisory capacity. Many cities err on the side of caution and follow Open Meeting Law guidelines for all its citizen advisory committees A Good Start to Good Governance League of Minnesota Cities 12 YOU'LL W pNT To KNo`N TNIs City councils routinely appoint individual councilmembers to act as liaisons between the council and particular committees. These types of meetings may also be subject to the open meeting law if the committee contains a quorum or more of the council or has decision-making authority. In addition, notice for a special council meeting may be needed if a quorum of the council will be present at the meeting and 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 of the councilmembers' attendance at the meeting, but because the councilmembers conducted public business in conjunction with that meeting. Based on that decision, the attorney general has advised that mere attendance by additional councilmembers at a meeting of a council committee held in compliance with the open meeting law would not constitute a special council meeting requiring separate notice. The attorney general warned, however, that the additional councilmembers should not participate in committee discussions or deliberations absent a separate notice of a special city council meeting. 4. Chance or social gatherings YOU'LWANT Chance or social gatherings of a quorum are not considered meetings under the open meeting law L and are therefore exempt from it. However, a quorum may not, as a group, discuss or receive TO information on official business in any setting under the guise of a social gathering. KNOW THIS In 1982, the Minnesota Supreme Court held that a conversation between two councilmembers over lunch regarding an application for a special -use permit did not violate the open meeting law because a quorum was not present. S. Serial gatherings The Minnesota Supreme Court has noted that meetings of less than a quorum of the public body held serially to avoid public hearings or to fashion agreement on an issue may violate the open meeting law. In short, this type of situation is a circumvention of the statute. As such, councilmembers should avoid this type of practice. 6. Technology trouble The open meeting law does not address situations that may occur as a result of communication through telephone calls, letters, email or similar technology. The Minnesota Supreme Court found that the open meeting law did not apply to letters or to telephone conversations between less than a quorum, While it is possible that a similar decision might be reached concerning the use of email and other forms of technology, it should be stressed that if a quorum of members is involved in the communication, it would likely be considered to be a violation of the open meeting law. In addition, serial discussions between less than a quorum of the council that are used to deliberate matters that should be dealt with at an open meeting would likely violate the open meeting law. Therefore, city councils and other groups to which the open meeting law applies should not use letters, telephone conversations, email, and other such technology if the following circumstances exist: • A quorum of the council is involved. • Information relating to official city business is being discussed. 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. 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, as well as blogs and microblogs like Twitter through which users create online communities to share information, ideas, and other content. The personal 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. A Good Start to Good Governance League of Minnesota Cities 13 City -owned social media accounts and social media accounts of elected officials (being used in their role as an elected official) must keep in mind First Amendment protections when considering policies about comment moderation and the blocking of users. Policies that restrict comments to the topic or delete negative comments — and practices of blocking or restricting friends or followers — could face challenges. Councilmembers unable to make a meeting may ask to attend meetings through interactive technology, such as Skype, Zoom, Teams, or other technology where the user can be seen and heard. There is an exception to the open meeting law where a member can be in attendance through the use of interactive television. The open meeting law does not define the term "interactive television." However, the commissioner of the Minnesota Department of Administration has advised that a city council meeting where a city councilmember participated through Skype, while physically present at a remote location outside Minnesota, complied with the statutory authority for conducting meetings through interactive television. The remote location must be a public place unless the councilmember qualifies for one of the limited exceptions — which includes the current military service exception or for the health exception for 6o days after the removal of a previously declared emergency under Minn. Stat. 12.31— both of which only can be used three time per year. Additionally, when one or more members join remotely, then notice must be posted at least three days before the meeting indicating the location from which the remote attendee or attendees are joining. We encourage interested cities to develop a policy for using technology like Skype with the assistance of your city attorney ■ Intentional violations of the open meeting law A public officer who intentionally violates the open meeting law can be fined up to $300. This fine may not be paid by the public body. In addition, a court may also award reasonable costs, disbursements, and attorney fees up to $13,000 to the person who brought the violation to court. If a plaintiff prevails in a lawsuit under the open meeting law, a court shall award reasonable attorney fees if the court determines the public body was the subject of a prior written advisory opinion from the commissioner of the 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 also required to give deference to the advisory opinion in a lawsuit brought to determine whether the open meeting law was violated. If a public official is found to have intentionally violated this chapter in three or more separate actions, the public official must be removed from office and may not serve in any other capacity with that public body for a period of time equal to the term of office the person was serving. However, removal is only required if the conduct constitutes malfeasance or nonfeasance. The statute does not address whether actions taken at an improper meeting would be invalid. The Minnesota Supreme Court once 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. However, in more recent decisions, Minnesota courts have refused to invalidate actions taken at improperly closed meetings. In an unpublished decision, the court stated that "even a violation of the open meeting law will not invalidate actions taken at that meeting." A public body may pay any costs, disbursements or attorney fees incurred by or awarded against any of its members for an action under the open meeting law. A Good Start to Good Governance League of Minnesota Cities 14 There are three basic types of motions: privileged motions, subsidiary motions, and main motions. Privileged motions take precedence over subsidiary motions; subsidiary motions take precedence over main motions. The following charts of motions are listed in order of precedence and are based upon Robert's Rules of Order Newly Revised, 10th Edition (2000): Privileged motions — A privileged motion is a motion that does not relate to the business at hand. Such a motion usually deals with items that require immediate consideration. Subsidiary motions —A subsidiary motion is a motion that assists the group in disposing of the main motion Can Votes Requires interrupt Votes required Can be Motion a second speaker Debatable Amendable to pass reconsidered Fix a time to adjourn. V/ / ,/ Majority V/ To adjourn. V/ Majority Recess. (A motion to take an V/ V/ Majority intermission.) �/ �/ �/ Majority Raise a question of privilege. / Usually, no vote (A motion referring to a matter �/ V �/ ,/ is taken. The V/ of personal concern to a member, �/ �/ ,/ chair decides. If group has not begun e.g., asking to have the heat ,/ Varies, based consideration of a turned up, the windows opened, on motion question. or the motion be stated again.) �/ V/ Majority Y Call for the orders of the day.,/ �/ v/ Usually, no vote Affirmative vote only (Forces the consideration of a is taken. The postponed motion.) chair decides. Subsidiary motions —A subsidiary motion is a motion that assists the group in disposing of the main motion Main motions — A main motion is a formal proposal that is made by a member that brings a particular matter before the group for consideration or action. Can Votes Requires interrupt required Can be Motion a second speaker Debatable I Amendable to pass Can be reconsidered Lay on the table. (To postpone / / / Majority / discussion temporarily.) Previous question or call for / 2/3 the question. (To stop debate �/ �/ �/ Majority and force an immediate vote.) Postpone to a definite time. �/ V �/ ,/ Majority V/ Commit or refer. (A �/ �/ ,/ Majority If group has not begun motion to refer to a smaller ,/ Varies, based consideration of a committee.) on motion question. Amend. �/ V/ Majority Y Postpone indefinitely. �/ v/ Majority Affirmative vote only Main motions — A main motion is a formal proposal that is made by a member that brings a particular matter before the group for consideration or action. A Good acarc to Good rjovernance League of Minnesota Cities Can Votes Requires interrupt required to Can be Motion a second speaker Debatable Amendable pass reconsidered Any general motion, resolution, / / / Majority / or ordinance. Take from the table. �/ Majority Reconsider. (To reconsider a �/ �/ �/ Majority motion already passed/defeated.) Appeal or challenge a ruling of / V Depends Majority / the chair. Rescind. (A motion to strike out ,/ Varies, based Negative vote only a previously adopted motion, on motion resolution, bylaw, etc.) A Good acarc to Good rjovernance League of Minnesota Cities LMCLEAGUE of MINNESOTA CITIES League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 TDD: (651) 281-1290 • Fax (651) 281-1299 www.Imc.org CT Y O F OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Community Survey DATE: February 28, 2023 INTRODUCTION The Andover City Council as part of the 2023 budget process indicated a desire to conduct a Community Survey to determine resident support for current city services and programs. Administration would like to start this process and seek Council input on how to proceed. The last Community Survey was done in 2014 by The Morris Leatherman Company and prior to that a Community Survey was done in 2006 by Decision Resources Incorporated. The same company conducted the past surveys as Decision Resources changed their company name in 2013 to The Morris Leatherman Company. See attached website prints regarding The Morris Leatherman Company. Administration has met with Peter Leatherman from The Morris Leatherman Group to discuss potential questions for a City of Andover Community Survey. (Attached are questions asked in 2006 and 2014). Administration anticipates meeting with various advisory commissions for input on questions for a 2023 survey. Attached are the resulting draft survey questions for the Council to review. The goal is to have the draft questionnaire finalized for Council review at the March workshop meeting and the phone survey conducted in April/May 2023. ACTION REQUESTED The Council is requested to review the attached materials, receive a presentation from staff and provide direction to staff on how to proceed. submitted, The Morris Leatherman Company AFFORDABLE EXCELLENCE IN MARKET RESEARCH & INTERPRETATION (.Jindex.php) Minneapolis based full-service market and research firm With almost 50 years of combined experience in market and opinion research, Bill Morris and Peter Leatherman know the industry inside and out, and they know how best to serve their clients efficiently and effectively. About The Morris Leatherman Company Why We Started The Morris Leatherman Company is a full-service market and research firm incorporated in 2013. After nearly thirty years, Decision Resources, Ltd. was closed. The decision to form a new company was driven by the need for generational change: first, to acknowledge Peter Leatherman's significant contributions and recognize his increased responsibilities; and second, to allow Diane Traxler to work less, and pursue and explore projects of her choosing. Regardless of this changeover, the Morris Leatherman Company intends to continue providing clients with the same "value added" customer service as Decision Resources, Ltd. provided for the past three decades. The Morris Leatherman Company will continue to serve clients across the nation in the private, public, and political sectors, including corporations, municipalities and state governments, financial institutions, religious organizations, business organizations, school districts, and non-profit organizations. The firm's main offices are located in Minneapolis, Minnesota. What We Do As a full-service firm, all survey construction, sample selection, coding, data entry and computer analysis are undertaken on-site. All telephone surveys are conducted at the companys phone bank located in Saint Paul, Minnesota. Computer analysis is obtained from our in-house MENTOR computer system, augmented with SPSS for Windows, to ensure both access to the most current statistical analysis programs and confidentiality of the data set. The Morris Leatherman Company commits to understand each market served by maintaining personal contact with clients and custom -forming surveys to meet the specific needs of the community, corporation, or organization. With almost 50 years of combined experience in market and opinion research, Bill Morris and Peter Leatherman know the industry inside and out, and they know how best to serve their clients efficiently and effectively. In order to complement their demonstrated research and statistical experience, the company commits to educating the public about surveys, and dispelling common myths about their validity. In order to make numbers reflect the opinions of real people, Morris thinks of data interpretation as "the art form behind the science." Thus, when the Star Tribune or Pioneer Press asks him to interpret some numbers for them, he provides a commentary that any reader can understand but does not gloss over the complexities of the issue. Who Does It The company is comprised of forty full-time and part-time employees. The main principals of the firm possess extensive backgrounds in marketing, public affairs, survey research, and statistical methods. This cross -disciplinary background allows the Morris Leatherman Company to approach research problems from many different perspectives, and to evaluate potential strategies from a myriad of theoretical bases. William D. (Bill) Morris, President Bill Morris brings more than 30 years of experience as a survey researcher and policy analyst working in the public sector. He taught both graduate and undergraduate Political Science classes at the University of Minnesota, University of Saint Thomas, and Augsburg College for over twenty years. Between 1981 and 1983, he was State Party Chairman of the Independent -Republican Parry of Minnesota. Bill holds a Ph.D. in Public Policy Analysis from Carnegie-Mellon University, with an emphasis on statistics and mathematical modeling. Peter J. Leatherman, Chief Executive Officer Peter Leatherman worked for Decision Resources, Ltd., for 19 years, serving as Research Director for 13 years. As Research Director, he oversees all aspects of the survey process, from survey construction and sample selection to preliminary data analysis. In addition, Peter is a trained facilitator of focus groups and other qualitative research. Peter holds a B.A. in Political Science and History from Augsburg College. Get in Touch The Morris Leatherman Company 3128 Dean Court Minneapolis, MN 55416 Phone: 612.920.0337 Email: peter@morris-leatherman.com The Morris Leatherman Company AFFORDABLE EXCELLENCE IN MARKET RESEARCH & INTERPRETATION (.Jindex.php) Minneapolis based full-service market and research firm With almost 50 years of combined experience in market and opinion research, Bill Morris and Peter Leatherman know the industry inside and out, and they know how best to serve their clients efficiently and effectively. Research Methods COMPARISON OF ADVANTAGES AND DISADVANTAGES: Mail -Out Census versus Telephone Survey of Random Sample Mail -Out Census: In this type of approach, a written questionnaire is sent to all the households in a community. The survey "package" may or may not include a stamped, self-addressed return envelope. The questionnaire requires respondents to follow directions and answer each question in a specific manner (circling a letter, checking a box, etc.). After a specific period of time, all residents are mailed a reminder postcard. Results are based upon the number of returned surveys at the pre -announced "cut-off' date. Telephone Random Sample: In this type of approach, a random sample of households is selected to be interviewed by telephone. All households have an equal chance of being selected and the adult respondent in each household is also chosen randomly. Questionnaires are administered over the telephone by trained and supervised interviewers. Telephone numbers are tried at least six times during a one-week period and an additional six time a second week before another household is substituted for the original selection. Results are based upon a pre-set number of completed interviews. Mail -Out Census Telephone Survey Type of Sample Convenience sample, based upon who Random sample, including pre -designated responds to the mailing target households and substitutions Representativeness Residents with more intense feelings likely to respond, potentially biasing the results Probable Response 10%-40% Rate Accuracy of Results Questionable; low response rate makes distortion by "extremists' more likely Fieldwork Time 4-6 weeks Cost Low -to -moderate, depending on size of questionnaire, size of the community, and number of reminders Random samples can be projected statistically to the entire population within specific limits of accuracy 90%+ Statistically significant; e.g., 400 respondents provide results within ± 5.0% of the entire population 95% of time 2 weeks Moderate, depending on size of questionnaire and size of sample Focus Groups: In this type of approach, potential participants are screened and invited to participate in a discussion section at a specific time and location. The facilitator engages the group in a discussion based upon a scripted series of open-ended questions. The proceedings can be videotaped, electronically recorded, or transcribed by a note -taker. If there are a series of focus group discussions taking place, the common discussion guide will facilitate later comparisons between groups. In order to ensure an acceptable participation rate among targeted individuals, financial incentives are usually offered and refreshments are served at the session. Telephone Random Sample: In this type of approach, a random sample of individuals is selected to be interviewed by telephone. All individuals have an equal chance of being selected and interviewed. Questionnaires are administered over the telephone by trained and supervised interviewers. Telephone numbers are tried at least six times during a one-week period, before another household is substituted for the original selection. Results are based upon a pre-set number of completed interviews. Get in Touch The Morris Leatherman Company Telephone Survey Sample of 400 People Random sample, including pre -designated target households and substitutions Random samples can be projected statistically to the entire population within specific limits of accuracy 90%+ Statistically significant; e.g., 400 respondents provide results within ± 5.0% of the entire population 95% of time 4 weeks Moderate, depending on size of questionnaire and size of sample Focus Group Series of 4 Sessions with 15 People Type of Sample Convenience sample, based upon who is willing and able to participate Representativeness Citizens with more intense feelings likely to respond, potentially biasing the results Probable Response 10%-40% Rate Accuracy of Results Questionable; group dynamics may invalidate results; not statistically pro jectable Fieldwork Time 4-8 weeks Cost Moderate, depending on recruitment and reminder costs, as well as incentives Get in Touch The Morris Leatherman Company Telephone Survey Sample of 400 People Random sample, including pre -designated target households and substitutions Random samples can be projected statistically to the entire population within specific limits of accuracy 90%+ Statistically significant; e.g., 400 respondents provide results within ± 5.0% of the entire population 95% of time 4 weeks Moderate, depending on size of questionnaire and size of sample 3128 Dean Court Minneapolis, MN 55416 Phone: 612.920.0337 Email: peter@morris-leatherman.com Copyright 2023 © The Morris Leatherman Company DECISION RESOURCES, LTD. 3128 Dean Court Minneapolis, Minnesota 55414 ANDOVER RESIDENTIAL QUESTIONNAIRE FINAL MARCH 2006 Hello, I'm of Decision Resources, Ltd., a polling firm located in Minneapolis. We've been retained by the City of Andover to speak with a random sample of residents about issues facing the city. The survey is being taken because your .city representatives and staff are interested in your opinions and suggestions. I want to assure you that all individual responses will be held strictly confidential; only summaries of the entire sample will be reported. (DO NOT PAUSE) 1. Approximately how many years have you lived in the City of Andover? LESS THAN TWO YEARS .... 5% TWO TO FIVE YEARS ...13% SIX TO TEN YEARS ...... 28% ELEVEN - TWENTY YRS ... 38% OVER TWENTY YEARS ..... 17 DON'T KNOW/REFUSED..... 0% 2. How would you rate the quality of EXCELLENT.............39% life in Andover -- excellent, GOOD..................57% good, only fair, or poor? ONLY FAIR..............4% POOR...................0% DON'T KNOW/REFUSED..... 1% 3. What do you like most about living in Andover? UNSURE, 2%; LOCATION, 10%; QUIET, 9%; OPEN SPACE/RURAL, 21%; PEOPLE, 8%; HOUSE, 9%; SMALL TOWN FEEL, 6%; SCHOOLS, 8%; NEIGHBORHOOD, 14%; PARKS, 3%; SAFE, 3%; SHOPPING, 6%; SCATTERED, 2%.. 4. What do you think is the most serious issue facing the City of Andover today? UNSURE, 9%; NOTHING, 10%; GROWTH, 31%; SCHOOL FUNDING, 4%; TRAFFIC, 13%; CRIME, 5%; HIGH TAXES, 14%; STADIUM ISSUE, 2%; NEED OWN POLICE AND FIRE, 3%; NEED MORE PARK AND RECREATION FACILITIES, 2%; NEED MORE RETAIL, 2%; IMPROVE STREET REPAIR, 2%; SCATTERED, 4%. 5. How would you rate the sense of. EXCELLENT.............19% community pride among Andover GOOD..................69% residents -- excellent, good, only ONLY FAIR..............9% fair, or poor? POOR...................1% DON'T KNOW/REFUSED..... 2% Let's talk about community characteristics in Andover. For each of the following, please tell me if you feel the city has enough, too many, or too,little.... ENO MAN LIT DKR 6. Rental units? 58% 9% 9% 23% 7. Townhomes? 65% 19% 5% 11% 8. Starter homes for young families? 50% 5% 38% 8% 9. "Move Up" housing? 74% 5% 12% 10% 10. Higher cost housing? 76% 14% 3% 7% 11. Senior housing? 32% 2% 40% 26% 12. Parks and open spaces? 63% 10% 25% 3% 13. Trails and bikeways? 55% 9% 32% 5% 14. Service establishments, such as dry cleaners, barbershops, and copy shops? 73% 6% 20% 1% 15. Retail shopping opportunities? 69% 7% 24% 0% 16. Entertainment establishments? 62% 7% 30% 2% 17. Dining establishments? 52% 8% 41% 0% Turning to city services.... I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of the service as excellent, good, only fair, or poor.... 18. Police protection? 19. Fire protection? 20. Storm drainage and flood control? 21. Park maintenance? 22. Trail maintenance? 23. Animal control? EXCL GOOD FAIR POOR DK/R 18% 60% 14% 4% 5% 24% 65% 2% 0% 10% 12% 77% 4% 2% 6% 14% 76% 4% 1% 6% 12% 74% 2% 0% 13% 7% 73% 10% 3% 8% IF "ONLY FAIR" OR "POOR," ASK: (N=137) 24. Why do you feel that way? STRAY ANIMALS, 29%; NEED OWN POLICE AND FIRE, 18%; POLICE AND FIRE SLOW RESPONSE TIME, 4%; NEED MORE POLICE PATROLLING, 26%; BETTER UPKEEP OF PARKS AND TRAILS, 6%; FLOODING, 13%; SCATTERED, 4%. For the next three city services, please consider only their job on city -maintained streets and roads in neighborhoods. That means you should exclude state and county roads, such as Round Lake Boulevard, Hanson Boulevard, Crosstown Boulevard and Bunker Lake Boulevard, that are taken care of by other levels of government. Keeping that in mind, would you rate each of the following as excellent, good, only fair or poor..... 28. Would you favor or oppose an in- FAVOR.................19% crease in city property taxes to OPPOSE................72% enhance current city services or DON'T KNOW/REFUSED.... 10% offer additional city services? IF "FAVOR," ASK: (N=74) 29. How much would you be willing NOTHING................1% to pay in additional property EXCL GOOD FAIR POOR DK/R 25. City street repair and $30.00 ................15% city services? How about $40.00 .................4% maintenance? 11% 63% 21% 6% 0% 26. Snow plowing? 23% 65% 11% 2% 0% 27. Street lighting? 10% 64% 17% 8% 1% 28. Would you favor or oppose an in- FAVOR.................19% crease in city property taxes to OPPOSE................72% enhance current city services or DON'T KNOW/REFUSED.... 10% offer additional city services? IF "FAVOR," ASK: (N=74) 29. How much would you be willing NOTHING................1% to pay in additional property $10.00 ................14°% taxes to enhance city ser- $20.00 ................18% vices or offer additional $30.00 ................15% city services? How about $40.00 .................4% $_ per year? (CHOOSE A $50.00................15% RANDOM STARTING POINT; MOVE $60.00 ................30% UP OR DOWN DEPENDING ON RE- DON'T KNOW.............4% SPONSE) How about $_ per REFUSED................0% year? (REPEAT PROCESS) 30. What services would you like to see enhanced or of fered? UNSURE, 23%; STREET REPAIR, 18%; OWN POLICE AND FIRE DEPARTMENT, 19%; STREET LIGHTS, 12%; PARKS AND TRAILS, 18%; SIDEWALKS, 5%; SCATTERED, 5%. 31. Compared to nearby cities, do you think that the property taxes in Andover are very high, somewhat high, about average, somewhat low, or very low? 32. Do you feel the quality of city services has been able to keep pace with growth in the city? IF "NO," ASK: (N=47) VERY HIGH.............10% SOMEWHAT HIGH......... 33% ABOUT AVERAGE ......... 49% SOMEWHAT LOW........... 3% VERY LOW...............1% DON'T KNOW/REFUSED..... 50-. YES...................83% NO .................... 12% DON'T KNOW/REFUSED..... 5% 33. What services, in particular, have not been able to keep pace? UNSURE, 6%; ROAD CAPACITY, 30%; STREET REPAIR, 32%; POLICE AND FIRE SERVICE, 24%; PARKS AND TRAILS, 6%; SCATTERED, 2%. 34.. When you consider the city prop- erty taxes you pay and the quality of city services you receive, would you rate the general value of city services as excellent, good, only fair, or poor? EXCELLENT..............8% GOOD..................68% ONLY FAIR.............21% POOR...................2% DON'T KNOW/REFUSED..... 2% Currently, the City's neighborhood street reconstruction program only assesses those property owners who receive new concrete curb and gutter or have asphalt curb replaced with concrete curb and gutter. Typically, this amounts to about 20% of the total project cost. The asphalt street and storm sewer improvements, usually 80% of the project cost, are not assessed to the property owners but funded through general city-wide property tax revenue. 35. Would you favor or oppose changing the property owner's assessment for these projects to a defined percentage of the total project cost rather than just the cost of concrete and gutter? (WAIT FOR RESPONSE) Do you feel strongly that way? STRONGLY FAVOR......... 3% FAVOR.................11% OPPOSE................47% STRONGLY OPPOSE....... 17% DON'T KNOW/REFUSED.... 22% IF "STRONGLY FAVOR" OR "FAVOR," ASK: (N=57) 36. Which of the following centages would you be to pay? (READ LIST) Moving on.... per- LESS THAN 15%.........30°% willing 15°%...................21°% 20% ...................16% 25% ....................9% 30% ....................0% 35% ....................0% 40% ....................4% MORE THAN 40°%..........7% DON'T KNOW/REFUSED.... 14% 37. What do you consider to be the greatest public safety con cern in Andover? UNSURE, 15%; NOTHING, 16%; TRAFFIC SPEEDING, 17%; PROPER TY THEFT, 6%; BURGLARY, 5%; VANDALISM, 5%; TRAFFIC CON GESTION, 12%; DRUGS, 8%; LACK OF OWN POLICE AND FIRE DEPARTMENT, 3%; SLOW RESPONSE TIME FROM POLICE AND FIRE, 4%; PEDESTRIAN AND BICYCLE SAFETY, 3%; NOT ENOUGH STREET LIGHTS, 3%; SCATTERED, 4%. 38. Do you have a second public safety concern in the city? UNSURE, 22%; NOTHING, 55%; TRAFFIC SPEEDING, 5%; PROPERTY THEFT, 3%; BURGLARY, 3%; VANDALISM, 3%; TRAFFIC CONGES TION, 2%; DRUGS, 4%; LACK OF OWN POLICE AND FIRE DEPART MENT, 2%; SCATTERED, 3%. 39. How would you rate the amount of patrolling the Anoka County Sher- iff's Department does in your neighborhood -- would you say they do too much, about the right amount, or not enough? TOO MUCH...............1% ABOUT RIGHT AMOUNT.... 63% NOT ENOUGH ......... :..35% DON'T KNOW/REFUSED..... 2% 40. How serious a problem is traffic VERY SERIOUS .......... 16% speeding in your neighborhood -- SOMEWHAT SERIOUS...... 34% very serious, somewhat serious, NOT TOO SERIOUS....... 29% not too serious, or not at all NOT AT ALL SERIOUS .... 21% serious? DON'T KNOW/REFUSED..... 0% 41. How safe would you feel walking VERY SAFE.............40% alone in your neighborhood after REASONABLY SAFE ....... 51% dark -- very safe, reasonably SOMEWHAT UNSAFE........ 8% safe, somewhat unsafe,.or very VERY UNSAFE ............ 1% unsafe? DON'T KNOW/REFUSED..... 1% Moving on.... 42. How would you rate your ability EXCELLENT.............24% to get where you need to go in SATISFACTORY .......... 68% Andover in a reasonable amount MARGINAL...............7% of time -- excellent, satis- POOR...................1% factory, marginal, or poor? DON'T KNOW/REFUSED..... 0% IF "MARGINAL" OR "POOR," ASK: (N=30) 43. Why do you feel that way? TRAFFIC CONGESTION, 83%: TOO MANY STOPLIGHTS, 7%; CITY IS SPREAD OUT, 7%; SCATTERED, 3%. If you work outside of the home, please answer the next questions about your own job; if you do not work outside of the home, please answer the next questions in terms of the job of your spouse or partner, if applicable. 44. What is your average commute time to your job location? IF WORKS OUTSIDE THE HOME, ASK: DON'T KNOW/REFUSED..... 2% 5 MINUTES OR LESS ...... 4% 6 TO 10 MINUTES ........ 9% 11 TO 15 MINUTES....... 8% 16 TO 20 MINUTES...... 12% 21 TO 30 MINUTES...... 13% OVER 30 MINUTES....... 35% NOT APPLICABLE ........ 17% 45. In what city is your job located? REFUSED, 1%; ANDOVER, 7%; MINNEAPOLIS, 17%; SAINT PAUL, 4%; VARIES, 7%; FRIDLEY, 5%; ELK RIVER/ROGERS, 2%; COON.RAPIDS, 10%; ANOKA, 7%; BLAINE, 4%; MAPLE GROVE/BROOKLYN PARK, 6%; SAINT LOUIS PARK/EDINA, 6%; RAMSEY, 3%; ROSEVILLE, 2%; SHOREVIEW/NEW BRIGHTON, 3%; LINO LAKES, 2%; PLYMOUTH/MINNETONKA, 2%; BLOOM- INGTON/RICHFIELD, 2%; ARDEN HILLS, 2%; WHITE BEAR LAKE, 2%; EAGAN/ROSEMOUNT, 2%; OAKDALE, 2%; HAM LAKE, 2%; REST OF METRO, 2%. 46. How do you normally commute to work -- drive alone, ride in a van or car pool, take the bus from near home, use a park and ride lot, walk or something else? DRIVE ALONE ........... 91% VAN OR CAR POOL ........ 4% TAKE BUS...............1% tracks PARK AND RIDE LOT ...... 1% WALK/BIKE..............1% (WAIT SOMETHING ELSE......... 0% DON'T KNOW/REFUSED..... 1% IF "DRIVE ALONE," "VAN OR CAR POOL," OR "WALK/BIKE," ASK: (N=328) 47. If it were convenient, YES...................30% would you be willing to NO....................67% commute using public DON'T KNOW/REFUSED..... 2% transit? 48. What changes would make public transit more con venient for you? UNSURE, 10%; NOTHING, 59%; GO MORE PLACES, 6%; MORE PICK-UP TIMES, 5%; MORE PICK-UP SITES, 7%; PARK AND RIDE IN ANDOVER, 2%; LIGHT RAIL, 5%; EXPRESS BUSES, 2%; MORE TRANSIT OPTIONS, 3%; SCATTERED, 1%. 49. Should a vehicle overpass be con- STRONGLY YES.......... 11% structed over the railroad tracks YES...................24% on Bunker Lake Boulevard? (WAIT NO....................28% FOR RESPONSE) Do you feel strong- STRONGLY NO ........... 10% ly that way? DON'T KNOW/REFUSED.... 27% IF A RESPONSE IS GIVEN, ASK: (N=292) 50. Why do you feel that way? UNSURE, 1%; SAFETY, 12%; NOT BUSY ENOUGH, 10%; WASTE OF MONEY, 5%; REDUCE TRAFFIC BACK-UPS, 25%; NOT NEEDED, 21%; LONG WAIT FOR TRAINS, 12%; HIGH COST OF AN OVERPASS, 10 DON'T USE BUNKER LAKE BOULEVARD, 2%; SCATTERED, 1%. Moving on.... For each of the following, please tell me whether the City is too tough, about right, or not tough enough in enforcing city codes on these nuisances. TOO NOT ABO DK/ TOU TOU RIG REF 51. Loose animals? 1% 22% 72% 6% 52. Junk cars on residential property? 0% 25% 71% 4% 53. Establishment and main- tenance of lawns on residential property? 1% 15% 80% 4% 54. Storage of boats on residential property? 2% 10% 84% 4% 55. Storage of RVs on residential property? 1% 10% 85% 5% 56. Upkeep of boulevards and public right of ways? 0% 11% 85% 4% 57. Upkeep and maintenance of fences? 0% 11% 84% 5% 58. Upkeep and maintenance of storage buildings on residential properties? 1% 8% 85% 6% Turning to. parks and recreation.... 59. Have you or members of your house- YES...................45% hold used the Andover Community NO....................54% Center during the past year? DON'T KNOW/REFUSED..... 1% IF "YES," ASK: (N=181) 60. Overall, how would you rate EXCELLENT.............48% the Community Center -- ex- GOOD..................46% cellent, good, only fair, or ONLY FAIR..............4% poor? POOR...................2% DON'T KNOW/REFUSED..... 0% IF "ONLY FAIR" OR "POOR," ASK: (N=11.) 61. Why did you rate it as (only fair/poor)? REFUSED, 9%; NOT ENOUGH OPEN GYM TIME, 18%; NEED BIGGER FACILITY, 9%; MORE FOR CHILDREN, 9%; COSTS TOO MUCH, 46%; MORE FOR SENIORS, 9%. The City of Andover is considering a voter referendum to fund acquisition of open space in the community, to conserve these parcels of land from development. 62. Would you support or oppose the STRONGLY SUPPORT...... 33% purchase of open spaces for per- SUPPORT...............49% manent preservation? (WAIT FOR OPPOSE.................8% RESPONSE) Do you feel strongly STRONGLY OPPOSE........ 3% that way? DON'T KNOW/REFUSED..... 8% 63. How much would you be willing to NOTHING...............20% see your property taxes increase $10.00 ................14% in order to fund the acquisition $20.00 ................18% of open spaces? Would you be will- $30.00 .................7% ing to pay $_ per year? $40.00 .................3% (CHOOSE RANDOM STARTING POINT; $50.00 ................11% MOVE UP OR DOWN DEPENDING ON $60.00.................3% ANSWER). How about $_ per year? $70.00 .................1% (REPEAT PROCESS) $80.00 .................0% $90.00 .................1% $100.00 ................9% DON'T KNOW/REFUSED.... 13% Moving on.... 64. What is your primary source of information about Andover City Government and its activities? UNSURE, 1%; CITY NEWSLETTER, 69%; WORD OF MOUTH, 5%; WEBSITE, 5%; MEETINGS, 2%; CABLE TELEVISION, 14%; LOCAL NEWSPAPERS, 4%; STAR TRIBUNE, 2%. 65. How would you prefer to receive information about City Government and its activities? CITY NEWSLETTER, 64%; WORD OF MOUTH, 3%; WEBSITE, 4%; CABLE TELEVISION, 9%; MAILINGS, 13%; LOCAL NEWSPAPERS, 3%; E-MAIL, 3%; SCATTERED, 2%. The City publishes a bi-monthly newsletter, called "Andover Today." 66. Do you receive this newsletter? (IF "YES," ASK:) How would you rate the format -- excellent, good, only fair or poor? IF "YES," ASK: (N=390) NO.....................2% YES/EXCELLENT ......... 28% YES/GOOD..............63% YES/ONLY FAIR.......... 6% YES/POOR...............1% DON'T KNOW/REFUSED.....1% 67. How much of the city news- ALL OF IT.............53% letter do you read -- all of MOST OF IT ............ 36% it, most of it, some of it, SOME OF IT ............ 11% or very little? VERY LITTLE ............ 1% DON'T KNOW/REFUSED..... 0% 68. Does your household receive cable YES...................69% television? NO....................31% DON'T KNOW/REFUSED..... 0% IF "YES," ASK: (N=277) 69. How often do you watch An- FREQUENTLY ............ 14% dover City Council Meetings OCCASIONALLY .......... 32% or City Commission meetings, RARELY................33% such as Planning and Park and NOT AT ALL ............ 21% Recreation, on channel 16 -- DON'T KNOW/REFUSED..... 0% frequently, occasionally, rarely or not at all? 70. Do you have access to the Internet YES/YES...............38% at home or work? (WAIT FOR RE- YES/NO................52% SPONSE) Have you accessed the NO....................10% city website from either location? DON'T KNOW/REFUSED..... 0% IF "YES/YES," ASK: (N=152) 71. Did you find the information YES...................85% you were looking for? NO.....................14% DON'T KNOW/REFUSED..... 1% 72. What type of internet service DIAL-UP...............19% do you use to view the web- DSL...................34% site -- dial-up, DSL, BROADBAND CABLE....... 46% or Broadband Cable? DON'T KNOW/REFUSED..... 1% As you may know, some cities are starting to offer for-profit services, such as high-speed wireless Internet, to their resi- dents. The high-speed wireless Internet service is somewhat faster than dial-up, but somewhat slower than cable or DSL. Also, it is less expensive than cable or DSL, but more expensive than dial-up. 73. Would you support or oppose Andov- STRONGLY SUPPORT...... 11% er offering wireless high-speed SUPPORT...............34% Internet access? (WAIT FOR RE- OPPOSE................20% RESPONSE) Do you feel strongly STRONGLY OPPOSE........ 9% way? DON'T KNOW/REFUSED.... 26% IF "STRONGLY SUPPORT" OR "SUPPORT," ASK: (N=180) 74. How much would you be willing to pay for wireless high- speed Internet service of- fered by the City of Andover? Would you be willing to pay $_ per month? (CHOOSE RAN- DOM STARTING POINT; MOVE UP OR DOWN DEPENDING ON ANSWER) How about $ per month? (REPEAT PROCESS) 75. How would you rate the City's overall performance in communicat- ing key local issues to residents in its publications, newspaper columns, and on cable television -- excellent, good, only fair, or poor? LESS THAN $20.00......29% GOOD..................69% $20.00 ................22% ONLY FAIR.............20% $25.00 ................28% POOR...................3% $30.00 .................8% DON'T KNOW/REFUSED..... $35.00 .................4% or seldom? MORE THAN $35.00.......2% 2% DON'T KNOW/REFUSED..... 7% EXCELLENT..............9% GOOD..................69% ALWAYS................70% ONLY FAIR.............20% -- always, POOR...................3% NEARLY ALWAYS ......... DON'T KNOW/REFUSED..... 0% Now just a few more questions for demographic purposes.... 76. How often would you say you vote ALWAYS................70% -- always, nearly always, part of NEARLY ALWAYS ......... 24% the time, or seldom? PART OF THE TIME ....... 2% SELDOM.................4% DON'T KNOW/REFUSED..... 1% From time to time, cities and school districts ask voters to approve referendum proposals... 77. Thinking about past city and school district referendum elec- tions, would you say you always vote, often vote, sometimes vote, rarely vote or never vote? ALWAYS VOTE ........... 64% OFTEN VOTE ............ 24% SOMETIMES VOTE......... 6% RARELY VOTE ............ 4% NEVER VOTE.............3% DON'T KNOW/REFUSED..... 0% Could you please tell me how many people in each of the following age groups live in your household. Let's start with the oldest. Be sure to include yourself. 78. First, persons 65 or over? 79. Adults, 18 to 65? 80. School -aged or pre-school children? 81. What is your age, please? 82. Do you own or rent your present residence? (IF "OWN," ASK:) Which of the following categories would contain the approximate value of your residential property -- under $200,000, $200,000-$250,000, $250,001-$300,000, $300,001- $350,000, $350,001-$400,000 or over $400,000? 83. Gender (BY OBSERVATION) NONE..................92% ONE....................3% TWO OR MORE ............ 6% NONE...................5% ONE....................6% TWO...................75% THREE OR MORE......... 14% NONE..................43% ONE...................19% TWO...................27% THREE OF MORE......... 11% 18-24 ..................4% 25-34 ................. 12% 35-44 .................35% 45-54 .................26% 55-64 .................17% 65 AND OVER ............ 7% RENT...................3% OWN/UNDER $200,000.....3% OWN/$200,000-$250,000.16% OWN/$250,001-$300,000.29% OWN/$300,001-$350,000.23% OWN/$350,001-$400,000.13% OWN/OVER $400,000......12% DON'T KNOW.............1% REFUSED................1% MALE..................50% FEMALE................50% 84. REGION OF CITY PCT 1 .................12°% PCT 2 .................12% PCT 3 ..................9% PCT 4 ..................6% PCT 5 ..................8% PCT 6 ..................9% PCT 7 .................15% PCT 8 .................10% PCT 9 ..................9% PCT 10 ................10°% THE MORRIS LEATHERMAN COMPANY ANDOVER RESIDENTIAL 3128 Dean Court SURVEY Minneapolis, Minnesota 55414 FINAL FEBRUARY 2014 Hello, I'm of the Morris Leatherman Company, a polling firm located in Minneapolis. We've been retained by the City of Andover to speak with a random sample of residents about issues facing the city. The survey is being taken because your city representatives and staff are interested in your opinions and suggestions. I want to assure you that all individual responses will be held strictly confidential; only summaries of the entire sample will be reported. (DO NOT PAUSE) 1. Approximately how many years have you lived in the City of Andover? 2. How would you rate life in Andover -- good, only fair, or LESS THAN ONE YEAR ...... 2% ONE OR TWO YEARS........ 8% THREE TO FIVE YEARS.... 17% SIX TO TEN YEARS....... 240 ELEVEN - TWENTY YRS .... 30% OVER TWENTY YEARS ...... 19% DON'T KNOW/REFUSED...... 0% the quality of EXCELLENT..............42% excellent, GOOD...................55% poor? ONLY FAIR...............2% POOR....................1% DON'T KNOW/REFUSED...... 0% 3. What do you like most about living in Andover? DON'T KNOW/REFUSED...... 0% SMALL TOWN FEEL........ 22% FRIENDLY PEOPLE........ 14% OPEN SPACES/RURAL...... 18% HOUSING/NEIGHBORHOOD ... 15% SCHOOLS.................6% CONVENIENT LOCATION..... 3% CLOSE TO FAMILY/FRIEND..6% CLOSE TO JOB ............ 9% CLOSE TO SHOPPING ....... 3%. QUIET AND PEACEFUL...... 2% SCATTERED...............2% 4. What do you think is the most serious issue facing the City of Andover today? DON'T KNOW/REFUSED...... 4% NOTHING................38% HIGH TAXES.............10% TOO MUCH GROWTH........ 11% TRAFFIC CONGESTION ...... 8% ROAD MAINTENANCE ....... 20% LACK OF JOBS ............ 2% RISING CRIME ............ 3 SCATTERED...............5% 5. How would you rate the sense of EXCELLENT..............25% community pride among Andover GOOD...................65% residents -- excellent, good, only ONLY FAIR...............9% fair, or poor? POOR....................1% DON'T KNOW/REFUSED...... 1% Let's talk about community characteristics in Andover. For each of the following, please tell me if you feel the city has enough, too many, or too little.... ENO MAN LIT DKR 6. Rental units? 63% 14% 13% 10% 7. Townhomes? 72% 15% 7% 7% 8. Starter homes for young families? 51% 7% 34% 8% 9. "Move Up" housing? 67% 8% 18% 8% 10. Higher cost housing? 58% 26% 9% 7% 11. Nursing homes? 39% 8% 36% 17% 12. Assisted living for seniors? 41% 7% 33% 20% 13. One level housing for seniors maintained by an association? 38% 6% 34% 23% 14. Parks and open spaces? 82% 11% 6% 1% 15. Trails and bikeways? 78% 10% 13% 0% 16. Service establishments, such as dry cleaners and barbershops? 62% 7% 31% 1% 17. Retail shopping opportunities? 54% 9% 37% 0% 18. Entertainment establishments? 53% 6% 41% 0% 19. Dining establishments? 50% 10% 40% 0% Turning to city services.... I would like to read you a list of a few city services. For each one, please tell me whether you would rate the quality of the service as excellent, good, only fair, or poor.... 20. Police protection? 21. Fire protection? 22. Storm drainage and flood control? 23. Park maintenance? 24. Trail maintenance? 25. Animal control? EXCL GOOD FAIR POOR DK/R 47% 460 5% 1% 1% 47% 50% 0% 1% 30 14% 72% 8% 3% 4% 31% 67% 1% 0% 1% 31% 65% 1% 0% 3% 12% 72% 5% 2% 90 IF "ONLY FAIR" OR "POOR," ASK: (n=80) 26. Why do you feel that way? DON'T KNOW/REFUSED...... 1% LACK OF PATROLLING ..... 13% FLOODING...............44% DK/R LOOSE ANIMALS .......... 15% WILDLIFE ISSUES ......... 5% POOR UPKEEP.............3% SLOW POLICE RESPONSE.... 3% NEED OWN POLICE DPT ..... 9% SCATTERED...............7% For the next three city services, please consider only their job on city -maintained streets and roads in neighborhoods. That means you should exclude state and county roads, such as Round Lake Boulevard, Hanson Boulevard, Crosstown Boulevard and Bunker Lake Boulevard, that are taken care of by other levels of government. Keeping that in mind, would you rate each of the following as excellent, good, only fair or poor..... EXCL GOOD FAIR POOR DK/R 27. City street repair and maintenance? 9% 430 37% 12% 0% 28. Snow plowing? 29% 60% 10% 2% 0% 29. Street lighting? 18% 58% 16% 6% 2% 30. Are there current city services DON'T KNOW/REFUSED...... 1% you would like to see enhanced or No.....................55% new city services you would like ROAD MAINTENANCE ....... 36% to see offered? (IF "YES," ASK:) STREET LIGHTS ........... 2% What would those be? SCATTERED ...............6% 31. Compared to nearby cities, do you think that the property taxes in Andover are very high, somewhat high, about average, somewhat low, or very low? 32. Do you feel the quality of city services has been able to keep pace with growth in the city? IF "NO," ASK: (n=16) VERY HIGH...............7% SOMEWHAT HIGH.......... 33% ABOUT AVERAGE .......... 51% SOMEWHAT LOW ............ 3% VERY LOW................0% you receive, DON'T KNOW/REFUSED...... 7% YES....................94% NO......................4% DON'T KNOW/REFUSED...... 2% 33. What services, in particular, have not been able to keep.pace? ROAD MAITENANCE, 50%; FLOODING CONTROL, 19%; TRAFFIC FLOW, 13%; CODE ENFORCEMENT, 13%; SNOW PLOWING, 6%. 34. When you consider the city prop- EXCELLENT...............9% erty taxes you pay and the quality GOOD...................75% of city services you receive, ONLY FAIR...............9% would you rate the general value POOR....................2% of city services as excellent, DON'T KNOW/REFUSED...... 5% good, only fair, or poor? Moving on.... 35. What do you consider to be the greatest public safety con- cern in Andover? (DO NOT READ LIST) 36. Do you have a second public safety concern in the city? (DO NOT READ LIST) FIRST SECOND Violent crime............................0%........1% Traffic speeding........................290.......12% Drugs...................................12%.......10% Youth crimes and vandalism .............. 17%.......23% Identity theft...........................3%........2% Break-ins and theft from automobiles .... 12% ....... 14% Business crimes, such as shop- lifting and check fraud.............4%........4% Residential crimes, such as burglary, and theft ................ 12%.......12% ELSE (PEDESTRIAN SAFETY).................2%........1% NONE.....................................6%.......20% DON'T KNOW/REFUSED.......................3%........2% 37. How would you rate the amount of patrolling the Anoka County Sher- iff's Department does in your neighborhood -- would you say they do too much, about the right amount, or not enough? TOO MUCH................2% ABOUT RIGHT AMOUNT ..... 71% NOT ENOUGH.............28% DON'T KNOW/REFUSED...... 0% 38. How serious a problem is traffic VERY SERIOUS ............ 9% speeding in your neighborhood -- SOMEWHAT SERIOUS....... 35% very serious, somewhat serious, NOT TOO SERIOUS ........ 37% not too serious, or not at all NOT AT ALL SERIOUS..... 20% serious? DON'T KNOW/REFUSED...... 0% 39. How safe would you feel walking VERY SAFE..............47% alone in your neighborhood after REASONABLY SAFE........ 44% dark -- very safe, reasonably SOMEWHAT UNSAFE ......... 6% safe, somewhat unsafe, or very VERY UNSAFE.............3% unsafe? DON'T KNOW/REFUSED...... 0% Moving on.... 40. How would you rate your ability EXCELLENT..............27% to get where you need to go in SATISFACTORY ........... 66% Andover in a reasonable amount MARGINAL................7% of time -- excellent, satis- POOR....................1% factory, marginal, or poor? DON'T KNOW/REFUSED ...... 0% IF "MARGINAL" OR "POOR," ASK: (n=31) 41. Why do you feel that way? TRAFFIC CONGESTION ..... 19% POTHOLES...............52% TOO MANY STOPLIGHTS.... 26% TOO MANY STOP SIGNS ..... 3% If you work outside of the home, please answer the next questions about your own job; if you do not work outside of the home, please answer the next questions in terms of the job of your spouse or partner, if applicable. 42. What is your average commute time DON'T KNOW/REFUSED...... 0% to your job location? 5 MINUTES OR LESS ....... 4% using public transit? 6 TO 10 MINUTES ........ 14% 11 TO 15 MINUTES....... 17% 16 TO 20 MINUTES....... 15% 21 TO 30 MINUTES ........ 9% OVER 30 MINUTES ........ 22% NOT APPLICABLE ......... 20% 43. In what city is your job located? NOT APPLICABLE ......... 19% ANDOVER................23% BLAINE..................8% COON RAPIDS ............ 12% MINNEAPOLIS ............ 17% ANOKA...................4% VARIES..................2% BROOKLYN PARK ........... 2% SAINT PAUL..............2% FRIDLEY/COLUMBIA HGTS...3% REST OF HENNEPIN CO ..... 2% REST OF METRO ........... 6% 44. How do you normally commute to DRIVE ALONE ............ 73% work -- drive alone, ride in a van VAN OR CAR POOL......... 3% or car pool, take the bus from TAKE BUS................2% near home, use a park and ride PARK AND RIDE LOT ....... 0% lot, walk or bike or something WALK/BIKE...............2% else? SOMETHING ELSE.......... 0% DON'T KNOW/REFUSED...... 0% NOT APPLICABLE ......... 21% IF "DRIVE ALONE," "VAN OR CAR POOL," OR "WALK/BIKE," ASK: (n=310) 45. If it were convenient, would YES....................19% you be willing to commute NO.....................80% using public transit? DON'T KNOW/REFUSED...... 1% 46. What changes would make pub- DON'T KNOW/REFUSED...... 2% lic transit more convenient NONE...................77% for you? MORE CONVENIENT ROUTES.11% MORE CONVENIENT TIMES ... 9% MORE STOPS..............1% 47. How often do you drive,on Bunker FREQUENTLY.............25% Lake Boulevard over the railroad OCCASIONALLY ........... 46% tracks - frequently, occasionally, RARELY.................24% rarely or never? NEVER...................5% DON'T KNOW/REFUSED...... 1% 48. Should a vehicle overpass be con- STRONGLY YES ............ 5% structed over the railroad tracks YES....................32% TOO MUCH CONSTRUTION on Bunker Lake Boulevard? (WAIT NO.....................40% NOT A PROBLEM ........... FOR RESPONSE) Do you feel strong- STRONGLY NO ............ 12% ly that way? DON'T KNOW/REFUSED...... DON'T KNOW/REFUSED..... 12% IF A RESPONSE IS GIVEN, ASK: (n=353) 49. Why do you feel that way? SAFETY.................20% LESS TRAFFIC CONGEST ... 23% HIGH COST..............23% TOO MUCH CONSTRUTION .... 7% NOT NEEDED.............20% NOT A PROBLEM ........... 4% NOT MUCH TRAFFIC ........ 3% SCATTERED...............1% IF "STRONGLY YES" OR "YES" IN QUESTION #48, ASK: (n=148) 50. How much would you be willing to see your property taxes increase in order to fund this vehicle overpass? Would you be willing to pay $ per year? (CHOOSE RANDOM STARTING POINT; MOVE UP OR DOWN DEPENDING ON ANSWER) How about $_ per year? Moving on.... NOTHING................19% $10.00 .................50% $20.00 .................14% $30.00..................9% $40.00 ..................2% $50.00 ..................0% $60.00 ..................1% OVER $60.00 .............1% DON'T KNOW/REFUSED...... 4% Currently, the City of Andover generally enforces codes concerning residential property when a complaint is made. Some cities take a more active approach and inspect residential neighborhoods for code violations on an on-going basis. 51. Would you favor or oppose a more STRONGLY FAVOR ........... 7% active approach by the City in the FAVOR...................38% enforcement of residential pro- OPPOSE..................39% perty codes? (WAIT FOR RESPONSE) STRONGLY OPPOSE ......... 11% Do you feel strongly that way? DON'T KNOW/REFUSED ....... 5% For each of the following, please tell me whether the City is too tough, about right, or not tough enough in enforcing city codes on these nuisances. Continuing.... 60. How important are natural re- VERY IMPORTANT ......... 46% sources and environmental issues SOMEWHAT IMPORTANT..... 44% to you - very important, somewhat NOT TOO IMPORTANT ....... 8% important, not too important or NOT AT ALL IMPORTANT.... 2% not at all important? DON'T KNOW/REFUSED...... 0% 61. What do you think is the greatest natural resource or environmental issue facing the city? (ROTATE AND READ LIST) TOO NOT ABO DK/ TOU TOU RIG REF 52. Loose animals? 2% 13% 82% 4% 53. Junk cars on residential property? 2% 25% 72% 1% 54. Establishment and main- tenance of lawns on residential property? 1% 13% 85% 1% 55. Storage of boats on residential property? 4% 13% 83% 1% 56. Storage of RVs on residential property? 3% 13% 83% 1% 57. Upkeep of boulevards and public right of ways? 1% 16% 83% 1% 58. Upkeep and maintenance of fences? 1% 14% 84% 1% 59. Upkeep and maintenance of residential properties? 2% 15% 83% 0% Continuing.... 60. How important are natural re- VERY IMPORTANT ......... 46% sources and environmental issues SOMEWHAT IMPORTANT..... 44% to you - very important, somewhat NOT TOO IMPORTANT ....... 8% important, not too important or NOT AT ALL IMPORTANT.... 2% not at all important? DON'T KNOW/REFUSED...... 0% 61. What do you think is the greatest natural resource or environmental issue facing the city? (ROTATE AND READ LIST) TREE DISEASES, SUCH AS OAK WILT AND 3% DUTCH ELM DISEASE .........................9% INVASIVE INSECTS AND DISEASES, SUCH AS NAME.5% THE EMERALD ASH BORER AND ASIAN LONG -HORNED BEETLE ....................... 16% INVASIVE PLANTS, SUCH AS BUCKTHORN.............3% 9% PROTECTING LAKES, RIVERS, STREAMS AND WETLANDS.............................24% LOWERING GROUNDWATER USAGE FOR LAWN PARK.2% CARE PRACTICES ............................6% 3% PRESERVING OPEN SPACES ........................ 24% PROTECTING TREES DURING DEVELOPMENT ........... 13% OTHER..........................................0% DON'T KNOW/REFUSED .............................5% 62. Are you aware of the open space YES....................51% program? NO.....................49% DON'T KNOW/REFUSED...... 0% 63. Are you aware of open space areas YES....................49% in the city? NO.....................51% DON'T KNOW/REFUSED...... 1% IF "YES," ASK: (n=194) 64. Have you visited any open space areas in the city? (IF "YES," ASK:) Which ones? DON'T KNOW/REFUSED...... 3% NO.....................61% YES/DON'T REMEMBER NAME.5% BUNKER PARK.............7% SUNSHINE PARK ........... 2% BUNKER BEACH ............ 9% LIONS PARK..............3% WOODLAND................2% RUM RIVER REGIONAL PARK.2% KELSEY ROUND LAKE ....... 3% SCATTERED....: .......... 3% 65. Do you think open space areas need YES....................78% to be accessible to the public? NO.....................13% DON'T KNOW/REFUSED...... 9% 66. Do you prefer fewer but larger LARGER.................55% open spaces areas OR more but SMALLER................33% smaller open space areas? DON'T KNOW/REFUSED..... 12% 67. How often do you or members of FREQUENTLY.............25% your household use city trails - OCCASIONALLY ........... 40% frequently, occasionally, rarely RARELY.................17% or never? NEVER..................18% DON'T KNOW/REFUSED...... 0% IF "FREQUENTLY" "OCCASIONALLY" OR "RARELY," ASK: (n=327) 68. What do you use them for most DON'T .KNOW/REFUSED ...... 0% often? WALKING................58% RUNNING/JOGGING ........ 18% BICYCLING..............24% 69. Do you support or oppose the use STRONGLY SUPPORT....... 12% of city funding for additional SUPPORT................59% trails in the City? (WAIT FOR RE- OPPOSE.................23% SPONSE) Do you feel strongly that STRONGLY OPPOSE ......... 6% way? DON'T KNOW/REFUSED...... 1% Turning to parks and recreation.... 70. Overall, how would you rate the EXCELLENT..............17% city parks and recreation facile- GOOD...................76% ties in Andover - excellent, good, ONLY FAIR...............5% only fair or poor? POOR....................1% DON'T KNOW/REFUSED...... 2% 71. How often do you or members of FREQUENTLY.............24% your household use city parks and OCCASIONALLY ........... 41% recreation facilities - frequent- RARELY.................14% ly, occasionally, rarely or never? NEVER..................20% DON'T KNOW/REFUSED...... 0% IF "FREQUENTLY" "OCCASIONALLY" OR "RARELY,- ASK: (n=319) 72. What do you use them for most DON'T KNOW/REFUSED...... 0% often? EXERCISE...............41% PLAYGROUND EQUIPMENT... 28% COMMUNITY CENTER....... 12% BALLFIELDS.............18% FAMILY GATHERINGS ....... 2% For each of the following, please tell me if you think Andover's facilities are much better in comparison to other cities, somewhat better, about the same, somewhat worse or much worse in comparison to other cities. 73 74 75 City park system? Youth athletic facilities? Adult recreation facilities? MBT SBT SAM SWR MWR DKR 8% 300 58% 2% 0% 30 4% 23% 59% 5% 0% 10% 3% 19% 65% 6% 0% 8% 76. Have you or members of your house- YES....................49% hold used the Andover Community NO.....................51% Center during the past year? DON'T KNOW/REFUSED...... 0% IF "YES," ASK: (n-197) 77. Overall, how would you rate EXCELLENT..............41% the.Community Center -- ex- GOOD...................57% cellent, good, only fair, or ONLY FAIR...............2% poor? POOR....................0% DON'T KNOW/REFUSED...... 0% IF "ONLY FAIR" OR "POOR," ASK: (n=4) 78. Why did you rate it as (only fair/poor)? NOT OPEN ENOUGH HOURS, 50%; COSTS TOO MUCH, 50%. 79. How satisfied are you with the current offerings at the Community Center - very sat- isfied, somewhat satisfied, not too satisfied, or not at all satisfied? VERY SATISFIED ......... 52% SOMEWHAT SATISFIED..... 46% NOT TOO SATISFIED ....... 2% NOT AT ALL SATISFIED.... 0% DON'T KNOW/REFUSED...... 1% IF "NOT TOO SATISFIED" OR "NOT AT ALL SATISFIED," ASK: (n=3) 80. Why do you feel that way? NOT ENOUGH PROGRAMS, 33%; NOT ENOUGH FOR YOUNG CHILDREN, 67%. 81. Would you favor or oppose the City STRONGLY SUPPORT....... 12 offering a teen center in Andover? SUPPORT................57% (WAIT FOR RESPONSE) Do you feel OPPOSE.................22% strongly that way? STRONGLY OPPOSE ......... 2% DON'T KNOW/REFUSED...... 7% The City of Andover is considering a voter referendum to fund the enhancement of the park and recreation system in the community. 82. Would you support or oppose the STRONGLY SUPPORT ........ 6% enhancements of the parks and SUPPORT................61% 71% recreation system? (WAIT FOR OPPOSE.................26% CABLE TELEVISION ........ RESPONSE) Do you feel strongly STRONGLY OPPOSE ......... 4% that way? DON'T KNOW/REFUSED...... 4% 83. How much would you be willing to. NOTHING................41% see your property taxes increase $10.00 .................270 in order to fund these enhance- $20.00 .................130 ments? Would you be willing to $30.00 ..................3% pay $ per year? $40.00 ..................2% (CHOOSE RANDOM STARTING POINT; $50.00 ..................2% MOVE UP OR DOWN DEPENDING ON $60.00 ..................2% ANSWER) How about $_ per year? $70.00 ..................1% (REPEAT PROCESS) $80.00 ..................0% $90.00 ..................1% $100.00.................1% DON'T KNOW/REFUSED...... 8% Moving on.... 84. What is your primary source formation about Andover City ernment and its activities? of in- DON'T KNOW/REFUSED...... 0% Gov- NONE....................1% 11% CITY NEWSLETTER ........ 71% LOCAL NEWSPAPER ........ 12% CABLE TELEVISION ........ 2% CITY WEBSITE ........... 10% WORD OF MOUTH ........... 3% SCATTERED...............2% 85. How would you prefer to receive information about City Government and its activities? DON'T KNOW/REFUSED...... 0% NONE....................1% CITY NEWSLETTER ........ 70% LOCAL NEWSPAPER ........ 11% CABLE TELEVISION ........ 2% CITY WEBSITE ........... 11% WORD OF MOUTH ........... 3% MEETINGS................2% SCATTERED...............1% The City publishes a bi-monthly newsletter, called "Andover Today." 86. Do you receive (IF "YES," ASK: rate the format good, only fair this newsletter? How would you -- excellent, or poor? IF "YES," ASK: (n=369) NO......................8% YES/EXCELLENT .......... 41% YES/GOOD...............49% YES/ONLY FAIR ........... 3% YES/POOR................0% DON'T KNOW/REFUSED...... 0% 87. How much of the city news- ALL OF IT..............50% letter do you read -- all of MOST OF IT.............37% it, most of it, some of it, SOME OF IT.............11% or very little? VERY LITTLE.............2% DON'T KNOW/REFUSED...... 0% 88. Does your household currently sub- CABLE..................55% scribe to cable television, sat- SATELLITE..............32% ellite television or neither? NEITHER................14% DON'T KNOW/REFUSED...... 0% IF "YES," ASK: (n=219) 89. How often do you watch An- FREQUENTLY..............5% dover City Council Meetings OCCASIONALLY ........... 23% or City Commission meetings, RARELY.................13% such as Planning and Park and NOT AT ALL.............58% Recreation, on channel 16 -- DON'T KNOW/REFUSED...... 0% frequently, occasionally, rarely or not at all? 90. Do you have access to the Internet YES/YES................46% at home or work? (WAIT FOR RE- YES/NO.................43% SPONSE) Have you accessed the NO.....................11% city website from either location? DON'T KNOW/REFUSED...... 0% IF "YES/YES," ASK: (n=185) 91. Did you find the information YES....................98% you were looking for? NO......................2% DON'T KNOW/REFUSED...... 0% IF "YES," ASK: (n=181) 92. What information do you DON'T KNOW/REFUSED...... 0% look for most often on JUST BROWSING .......... 42% the city's website? BUDGET INFORMATION ...... 7% COUNCIL DECISIONS ....... 8% PARKS AND RECREATION... 30% ECONOMIC DEVELOPMENT .... 2 CITY CODES..............6% GENERAL INFORMATION ..... 2% COMMUNITY ED ............ 2% CITY EVENTS.............2% IF "NO" IN QUESTION #91, ASK: (n=4) 93. What information were ECONOMIC DEVELOPMENT... 75% you looking for? CITY NEWS..............25% 94. How interested would you be VERY INTERESTED ......... 28% in subscribing to receive SOMEWHAT INTERESTED ..... 35% e-mails containing city infor- NOT TOO INTERESTED ...... 15% mation and news - very inte- NOT AT ALL INTERESTED... 21% rested, somewhat interested, DON'T KNOW/REFUSED ....... 2% not too interested or not at all interested? 95. Are you aware the City of NO......................41% Andover is on Facebook? '(IF YES/YES.................24% "YES," ASK:) Do you view the YES/NO..................35% city's Facebook page? DON'T KNOW/REFUSED ....... 1% 96. How would you rate the City's overall performance in communicat- ing key local issues to residents in its publications, newspaper columns, and on cable television -- excellent, good, only fair, or poor? EXCELLENT..............15% GOOD...................71% ONLY FAIR..............10% POOR....................2% DON'T KNOW/REFUSED...... 2% Now just a few more questions for demographic purposes.... 97. How often would you say you vote ALWAYS.................69% -- always, nearly always, part of NEARLY ALWAYS .......... 25% the time, or seldom? PART OF THE TIME ........ 4% SELDOM..................3% DON'T KNOW/REFUSED...... 0% From time to time, cities and school districts ask voters to approve referendum proposals... 98. Thinking about past city and school district referendum elec- tions, would you say you always vote, often vote, sometimes vote, rarely vote or never vote? ALWAYS VOTE ............ 63% OFTEN VOTE.............26% SOMETIMES VOTE.......... 6% RARELY VOTE.............4% NEVER VOTE..............2% DON'T KNOW/REFUSED...... O% Could you please tell me how many people in each of the following age groups live in your household. Let's start with the oldest. Be sure to include yourself. 99. First, persons 65 or over? NONE...................84% ONE.....................6% TWO OR MORE ............ 1O% 100. Adults, 18 to 65? 101. School -aged or pre-school children? 102. What is your age, please? 103. Do you own or rent your present residence? (IF "OWN," ASK:) Which of the following categories would contain the approximate value of your residential property -- under $200,000, $200,000-$250,000, $250,001-$300,000, $300,001- $350,000, $350,001-$400,000 or over $400,000? 104. Gender (BY OBSERVATION) NONE...................10% ONE.....................6% TWO.....................73% THREE OR MORE.......... 11% NONE...................52% ONE....................14% TWO....................25% THREE OF MORE ........... 9% 18-24 ...................3% 25-34 ..................15% 35-44 ..................28% 45-54 ..................28% 55-64 ..................16% 65 AND OVER ............ 11% REFUSED.................0% RENT....................7% OWN/UNDER $200,000......9% OWN/$200,000-$250,000..31% OWN/$250,001-$300,000..36% OWN/$300,001-$350,000..11% OWN/$350,001-$400,000...2% OWN/OVER $400,000.......2% DON'T KNOW..............1% REFUSED.................2% MALE...................49% FEMALE.................51% 105. REGION OF CITY PCT 1 ..................11% PCT 2 ..................10% PCT 3 ..................12% PCT 4 ...................9% PCT 5 ..................11% PCT 6 ...................8% PCT 7 ...................8% PCT 8 ...................9% PCT 9 ...................9% PCT 10 .................12% CITY OF ANDOVER 2014 Quality of Life Study The Morris Leatherman Company Quality of Life Rating 2014 City of And,,. ei ao �S st a w ' 30 Z0 0 ExglbM GooO OMy Fair Poor U. �zaoa seMr �zou sexy Like Most about City 2014 City of Andover U�m Loo m sman roma Moesnyrvegnewnom amn Pe Pie Sale RumMmn Sj s r P.ft S AEB�N t 0 5 10 15 20 z 30 X3005 SEM/ �201� SWtly 4/29/2014 1 4/29/2014 Most Serious Issue 2014 City of Andover oaa� i0 4 M1 irtc 13 xsfMPa� xel Mvp Rcftlle � � �'. NetllMxml YatlRp Itlma i.aaxm j ', sea..a 0 10 m w w w �z0a0 sway �muswdy m. wrm a.amm� ama.n Sense of Community Pride 2014 City of Andover 1 i Exc 11M ?6 OoaO P' I 0* FW •, 1 t U.. 0 10 w w w w w m w �1a00 sear emu sway Characteristics of City 2014 City of Andover u _ n x vw. w-wrx p ' �.w.w�mr ee x�.oxm.e n ,d ma�.xa 41 o••�wv ae •. n ..0 p cm,.um„!m .ung p wmyeww p 11m� 0 A w w w 100 120 Rao MaM OEnwpO Rmliltle City Service Ratings 2014 City of Andover oaten ri A. 0e.m0rrtmemna vuieiar�s r�rN+r.e wercans nrat.aar�natr.o oo.Pe.ea ser Nona 0 20 n.a„msw�.�0�1 W W W 100 120 �PoeNvn �Npativn Property Taxes 2014 City of Andover W W A 10L 0 YarN'a� ror�. w..e �zaoa swq re01� sway tn. w.n lral.... mm.v Services Kept Pace with Growth 2014 City of Andover 1X1 W 1W � W . - �20055hi0y W MM14 $h* 20 12. 4 5 0 Yen No U.. oo, 4/29/2014 3 Value of City Services 2014 City of Andover too is .._ Bo 88 so 40 -------- '-tet------ , _. -. _.... 20 8 8 B 5 0 - E.vWlenl Gootl C Iy Fair POOr Uneun X2(108 SBi0y 8120145Wdy 11. xw,n iwn�.�r Public Safety Concerns 2014 City of Andover mmcmw.,er. y wo*neuaru. a : : ow. a rweb a : I uti. e 0 10 Zd w e0 m �Moel Beitwm �8eecrW MOM 4/29/2014 4 Neighborhood Traffic Speeding 2014 City of Andover ie si 20 z+ w eased. o s 10 is 20 zs 00 0s 40 �2aoe swey �z0u smey m.,no,m t..a.nM ce,oe,� Walk Alone at Night in Neighborhood 2014 City of Andmar 4] 40 20 m 0 vnsw s�rveyww. t.zaae stwr tnz0t4swrti re. wee r..ee,e., ce,s.v Intra -City Travel 2014 City of Andover CY �o s0so4020 ..... 10 a EaeYenl Setl4hCory Mupliul Peor �20085WOy �20145WEy m. wwe. i..m.nM con•a 4/29/2014 5 Commute Time 2014 City of Andover 40 2006 Awn" Commum Time= 26 Minutes 56 20 .__. 14 Awnp CommuN Time-tid MlnWn--�-�--- � 25 ____... ___...._.-- ---. 22 20 -.____...___.._ - 15 __......___. tl _._.. f6 0 <aYYW 1146M :iiO MYW< e.uM�. 14]O Yeevu .wxe..r. �za6e swq �ml4 swcr m.wmr.mnm.n ce,v.e Commute Method 2014 City of Andover Normal Commute 2666 2014 H COnwnMe[(Wllin0 to UM public TnnaN Vehicle Overpass 2014 City of Andover 50 40 20 U 2 20 77....... .�. 12 12 10 5 0 S"ly Yee Yu No Shag* No Uneum �20p65N0y �20145bg4 IIY Wrn, Lw — cmpq 4/29/2014 M More Active Code Enforcement 2014 City of Andover Fever 3B% S1m, Fever unsure 5% ,b g opO OM % 3996 >ti was �mw con.p Code Enforcement 20 14 City of Andover 9W n ss u u u n n rz 20 - .i.. a 0 s s 4 s s r ETe0T9e9h �Fbp9 NqM FNM Tau9M1 m.lwm l.wmunIgpry Importance of Natural Resources Issues 2014 City of Andover vssyegnre ns6 .0 ai mwn,m Na s�im�. en am..iw imva•.m 4% 4/29/2014 7 Greatest Environmental Issue 2014 City of Andover fa _ e ,.,—e p- 0 0 5 10 15 A 25 W �PerteMepe ♦ne „�xnvrm.. tu,pry Open Space Program Awareness 2014 City of Andover 12 Open Space Areas 2C14 City of Andover Ammipt 1pe" visited open 5pit.N Mi Spaces In City 4/29/2014 n Open Spaces Public Accessibility 2014 City of Andover G3 rM rii. LrUermeiCgAp Open Space Area Preference 2014 City or Andover Smelle"' 33% I Ye..i.L �n Gnyety City Trails 2014 City of Andover Use by Household W.W. Primary Use 4/29/2014 Additional Funding 2014 City of Andover To _. _.. w .._ -. w w zo z iz m 0 �awndwmr women a.m �Vroaaa• u�. �Cily Tialb treen Cenbr Te ,o,ne �uarmn Cv�y City Park and Recreation Facilities 2014 City of Andover oma ma r'$ u... as 0.s 1M dHi•Y R Use of Park and Recreation Facilities 2014 City of Andover -t= I r I � , I.munL , 4/29/2014 10 Comparison of Facilities 2014 City of Andover 60 70 65 60 SB 5s W <0 30 YT - Z3 ZO 100 -S 10 6 B 3 0 CrypFrr9yWn YaNNMkFs.ly�Mueg�t�YMF.dllaea �Betler iPboul Same MWome DUneure me Community Center Usage 2L, i4 Ci[y of nndo:ei F.a.. Y% —0Q,rY Far ax t Fa. SM Ueed Curing Community P.n Year Center Ita0ng Satisfaction with Center Offerings 2014 City of Andnver very 6age0e f SM Not Too Setter d 10 3% Somewhat satisfied 46% 4/29/2014 11 Park Bond Referendum 2014 City of Andover Sources of Information 2014 City of Andover None CRY Nauyonr m Loyal Newspapm Celle Televison 2 K wensne e Gracevine ° ' Meelln,y f SfallerM 0 20 ap BO w �Prllilay �PreNmd nha M .+e.nnanoa, "Andover Today" 2014 City of Andover eecalve a' oom axau ExwlWp 'ef '. ' Good Only FaldP f '. �Paphlpe E.NM dnWry: '. al Om a ' Movmn b ' Someein v: ven I 0 20 b BO W 100 120 4/29/2014 12 yaam eeom c.mNn i...l: smm o Enhancements of P.M. and Re[reafion Sritem 7N'W 'itMN a. o to m a o m Accepfabla Vealy Property T.. I.. m. was l�� �wir Sources of Information 2014 City of Andover None CRY Nauyonr m Loyal Newspapm Celle Televison 2 K wensne e Gracevine ° ' Meelln,y f SfallerM 0 20 ap BO w �Prllilay �PreNmd nha M .+e.nnanoa, "Andover Today" 2014 City of Andover eecalve a' oom axau ExwlWp 'ef '. ' Good Only FaldP f '. �Paphlpe E.NM dnWry: '. al Om a ' Movmn b ' Someein v: ven I 0 20 b BO W 100 120 4/29/2014 12 Cable Television 2014 City of Andover assay Y z4b-% '1lk ax RrVrarY in', Cable Subscnber Watching City Council or commission though, The r.„nr. 1.41111,in—C ,F.e City Website 2014 City of Andover Y. sz% —* No yw BD36 No Inbmat llewu 40% Viewed City's Website m.rn.t.wmasitis,, Subscribe to e -Mails for News and Information 2014 City of Andover vary baereelea lex Somewhat mteresied 35°b Uns Tae Not At Nl lnlereslrq NolTwlnOaraeW Tt°io 16% irm .errMrn,n caps, 4/29/2014 13 Communications Performance 2014 City of Andover w 71 eo b X2111/SWOy 20 is B M0 1933 0 Excellent Goof ONy Falr Poor Uncture m. wpm I.m.nnM � 4/29/2014 14 C I T Y 0 F A ,NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrt2Community SUBJECT: Pre -Audit December 2022 /JanCenter Update DATE: February 28, 2023 Attached for Council review is the Andover Community Center (ACC) Budget Summary Report for Budget Year 2022 and Budget Year 2023. The reports reflect activity through (pre -Audit) December 2022, with comparative data with December 2021 and the entire year of 2021, also attached is the January 2023 activity with comparative data with January 2022 and the entire year of 2022 (pre -Audit). December 2022 Financials (Pre -Audit Coming off 2020 imposed COVID restrictions shutting down the entire facility mid-March of 2020, the facility was allowed to reopen in a restricted capacity early January 2021. The ACC operated at near full capacity for close to twelve months in 2021 making current year (2022) activities comparable to the previous year. 2022 Revenues are just slightly ahead in comparison to 2021, this is due to assorted reasons attributed to turf usage vs ice, fieldhouse usage, vending machine use, a large donation and payment timing. Ice Rental is less in 2022 versus 2021 primarily due to the Sports Complex ice was not converted to turf in 2021. The 2022 expenses are ahead of 2021 primarily in salaries and operating costs. 2022 Full capacity reflects additional utility costs, maintenance expense and hiring challenges which required the use of more full-time staffing overtime hours rather than the use of part-time staffing for the first three month of 2022. In addition, 2022 has a Capital Outlay line item (tied to a donation) where 2021 did not. Also provided is an ACC historical perspective of actual costs dating back to 2015. This is the reporting previously provided to the ACC Advisory Commission. This report also provides history on debt service payments and the property tax levy assigned to debt and operations. January 2023 Financials COVID is in the past, the ACC operated in 2022 at full capacity for all twelve months. 2023 activities will be comparable to the previous year as we proceed through the year, although we still will have some variability in staffing since it took until April of last year to actually be fully staffed. January/February 2023 FACILITY UPDATE: Please refer to the attached ACC Facility Update for Major Events and monthly Walking Track activity through December. Major events are picking up as the winter season is in full swing. PROGRAMS/ACTIVITIES- ACC continues with the busiest time of the year now, every weekend through March ACC is hosting events. Andover Athletic Basketball hosts league games every Saturday, with all 4 courts running ACC hosts 40 games a day. MN Premier Volleyball will be hosting volleyball tournaments for eight Sundays in a row. Hockey playoffs will continue through February. RESIDENT PASSES — In 2022 ACC processed 1,701 free resident admission passes. Passes are good for any open skate, basketball, pickleball, volleyball session. Regular admission to any of those sessions is $5.00. In 2022 ACC checked in 14,092 users into the track. Reminder, check in is only for Monday — Friday 6:30am-4:30pm. PROGRAMS - Winter Learn to Skate Lessons began on January 8a', 140 kids in the program, biggest ever. Winter Soccer Program started up January 14a', there are 110 kids in the program. ACC will offer a spring soccer session starting mid-March in the Sports Complex on the turf. Fall 2022 ACC was able to bring Tot -Time back, offered twice a week on court 4. ACC has a talented group of coaches and support staff that make these programs possible. 6Y9I�T171RI`►Ce� Scheduling for summer 2023 and winter 2023-24 has started; looking to get ahead of the game to help ensure we keep all our prime -time hours sold at close to 100% and find new users and programs to keep building our non-prime/summer usage. Usage reports for Ica and Meeting rooms are attached for the 4a' quarter. Ice will go out the week of February 27`h with turf rentals starting early March. Andover Baseball, Softball, Andover HS, Andover Athletic Track and Field have committed hours. Informational. Council is requested to review and receive the staff report and attached reports. Attachments CITY OF ANDOVER Vv �� Community Center Budget Summary Totals Budget Year 2023 2022 2023 REVENUES Budget Jan YTD %Bud Pre -Audit Budget Jan YTD % Bud Charges for services Ice Rental $ 729,000 $ (28,310) -4% $ 794,232 $ 794,000 $ 23,873 3% Turf Rental 50,000 - Na 18,553 25,000 - 0% Track 2,500 413 n/a 5,871 3,000 741 n/a Fieldhouse Rental 240,000 55,278 23% 287,696 255,000 20,493 8% Proshop 13,000 1,240 10% 11,978 13,000 2,030 16% Vending 15,000 1,901 13% 20,978 16,000 1,800 11% Advertising 63,000 4,755 8% 99,436 75,000 2,659 4% Total Charges for services 1,112,500 35,277 3% 1,238,744 1,181,000 51,596 4% Miscellaneous 182,000 150 0% 220,434 322,068 3,275 1 % Total revenues 1,294,500 35,427 3% 1,459,178 1,503,068 54,871 4% 2022 2023 EXPENDITURES Budget Jan YTD %Bud Pre -Audit Budget Jan YTD % Bud Current: Salaries & benefits 770,110 52,037 7% 809,007 875,369 54,125 6% Departmental 97,100 3,349 3% 96,433 91,850 10,883 12% Operating 603,233 27,072 4% 579,619 679,647 48,998 7% Professional services 248,525 3,524 1% 179,690 181,525 1,470 1% Capital outlay 42,000 n/a 37,358 360,000 0% Current 1,760,968 85,982 5% 1,702,107 2,188,391 115,476 5% Revenue over(under) expense (466,468) (50,555) 11 (242,929) (685,323) (60,605) 9% Other financing sources (uses) General Property Tax Levy 155,000 - 0% 154,614 155,000 - 0% Investment income - - n/a (22,544) 3,000 - n/a Rental / Lease Pymt 638,000 490,444 77% 631,231 638,000 502,613 79% Transfers out (300,000) (300,000) 100% (300,000) (300,000) (300,000) 100% Total financing sources (uses) 493,000 190,444 39% 463,301 496,000 202,613 41% 4et increase (decrease) in fund balance $ 26,532 $ 139,889 527% $ 220,372 $ (189,323) $ 142,008 -759 CITY OF ANDOVER Community Center Budget Summary Totals Budget Year 2022 Current: PRE -AUDIT Salaries & benefits 757,753 2021 91% 692,742 770,110 2022 105% REVENUES Budget Dec YTD %Bud Audit Budget Dec YTD %Bud Operating Charges for services 515,308 81% 515,308 603,233 579,619 96% Professional services Ice Rental $ 668,000 $ 823,856 123% $ 823,856 $ 729,000 $ 794,232 109% Turf Rental 70,000 3,782 n/a 3,782 50,000 18,553 37% Track - 3,950 n/a 3,950 2,500 5,871 n/a Fieldhouse Rental 270,000 220,527 82% 220,527 240,000 287,696 120% Proshop 15,000 9,606 64% 9,606 13,000 11,978 92% Vending 16,000 7,763 49% 7,763 15,000 20,978 140% Advertising 50,000 84,700 169% 84,700 63,000 99,436 158% Total Charges for services 1,089,000 1,154,184 106% 1,154,184 1,112,500 1,238,744 111% Miscellaneous 140,000 134,072 96% 134,072 182,000 220,434 121% 493,000 492,377 100% 492,377 493,000 463,301 94% Total revenues 1,229,000 1,288,256 105% 1,288,256 1,294,500 1,459,178 113% 2021 2022 EXPENDITURES Budget Dec YTD % Bud Audit Budget Dec YTD % Bud Current: Salaries & benefits 757,753 692,742 91% 692,742 770,110 809,007 105% Departmental 105,100 82,655 79% 82,655 97,100 96,433 99% Operating 635,197 515,308 81% 515,308 603,233 579,619 96% Professional services 144,375 85,130 59% 85,130 248,525 179,690 72% Capital outlay - n/a 42,000 37,358 89% Current 1,642,425 1,375,835 84% 1,375,835 1,760,968 1,702,107 97% Revenue over (under) expense (413,425) (87,579) 21% (87,579) (466,468) (242,929) 52% Other financing sources (uses) General Property Tax Levy 155,000 154,534 100% 154,534 155,000 154,614 100% Investment income - 2,817 n/a 2,817 - (22,544) n/a Rental / 1 -ease Pymt 638,000 635,026 100% 635,026 638,000 631,231 99% Transfers out (300,000) (300,000) 100% (300,000) (300,000) (300,000) 100% Tom] financing sources(uses) 493,000 492,377 100% 492,377 493,000 463,301 94% Vet increase (decrease) in fund balance $ 79,575 $ 404,798 509% S 404,798 $ 26,532 $ 220,372 831° CITY OF ANDOVER, MINNESOTA Andover Community Center / YMCA Historical Comparison PRE -AUDIT 2015 2016 2017 2018 2019 2020 2021 2022 2022 Actual Actual Actual Actual Actual Actual Actual Budget Dec -YTD Revenues: Charges for services Ice Rental S 400,619 $ 405,990 S 392,828 $ 435,716 S 442,995 S 361,796 S 823,856 S 729,000 $ 794,232 Turf Rental - - - - - 3,782 50,000 18,553 Tack - - - - - 301 3,950 2,500 5,871 Fieldhouse Rental 187,007 199,286 215,089 218,667 220,225 133,126 220,527 240,000 287,696 Pmshop 9,258 9,412 9,247 8,606 9,680 4,394 9,606 13,000 11,978 Vending 9,279 8,588 9,182 7,470 8,427 6,148 7,763 15,000 20.978 Advertising 31,758 26,450 38,819 34,000 40,850 8,000 84,700 63,000 99.436 Charges for services 637,921 649,726 665,165 704,459 722,177 513,765 1,154,184 1,112,500 1,238,744 Miscellaneous 174,788 136,552 136,149 142,768 131,386 110,781 134,072 182,000 220,434 Total revenues 812,709 786,278 801,314 847,227 853,563 624,546 1188,256 1,294,500 1,459,178 Expenditures: Current: Salaries & benefits 439,304 451,332 481,926 501,108 533,044 503,842 692,742 770,110 809,007 Departmental 74,949 77,945 65,612 76,448 66,570 74,809 82,655 97,100 96,433 Operating 388,492 364,935 364,242 352,067 330,084 345,588 515,308 603,233 579,619 Professional services 142,602 106,381 125,034 104,076 77,818 129,261 85,130 248,525 179,690 Capital outlay 47,859 4,900 11,442 39,888 100,000 42,000 37.358 Current 1,045,347 1,048,452 1,041,714 1,045,141 1,047,404 1,153,500 1,375,835 1,760,968 1,702,107 Revenue over under expenditures (232,638) (262,174) (240,400) (197,914) (193,841) (528,954) (87,579)1 (466.468)1 (242,929)1 Other financing sources (uses) General Property Tax Levy - - - - - - 154,534 155,000 154,614 Investment income (1,078) 2,190 2,779 5,780 16,107 6,793 2,817 - (22,544) Rental / Lease Pymt 638,220 640,303 641,691 637,150 636,803 635,629 635,026 638,000 631,231 Transfers out (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) (300,000) Total financing sources (uses) 337,142 342,493 344,470 342,930 352,910 342,422 492,377 493,000 463,301 Net increase (decrease) in fund balance 104,504 80,319 104,070 145,016 159,069 (186,532) 404,798 26,532 220,372 Fund balance (deficit)- January ) (48,364) 56,140 136,459 240,529 385,545 544,614 358,082 762,880 762,880 Fund balance (deficit)- December 31 $ 56,140 $ 136,459 $ 240,529 $ 385,545 $ 544,614 $ 358,082 S 762,880 $ 789,412 S 983,252 Fund Balance Detail: FB - Replac Res for Common Space $ 143,702 $ 154,449 S 179,283 S 173,560 S 200,606 $ 190,067 $ 216,790 S 241,790 S 241,790 FB - Unassigned (87,562) (17,990) 61,246 211,985 344,008 168,015 546,090 547,622 741,462 _S56 $ 136,459 S 240,529 $ 385,545 $ 544.614 $ 358,082 $ 762,880 S 789412 S 983,252 Debt Smice Payments 2012C GO Abatement Bonds (P+1) S 1,214,906 S 1,216,506 S 1113,731 S 1,211,481 S 1,208,931 $ 1,215,981 $ 1112,631 $ 1113,931 S 1,213,931 2019A GO Abatement Bonds (P+H 590,150 819,725 1,109,755 1,109,755 S 1,214,906 $ 1,216,506 $ 1,213,731 $ 1,211,481 $ 1108,931 S 1,806,131 $ 2,032,356 $ 2,323,686 $ 2,323,686 Property Tax Levy 2012C GO Abatement Bonds S 975,632 $ 977,332 $ 974,418 S 972,055 $ 969,378 $ 976,780 $ 973,263 $ 974,628 $ 974,628 2019A GO Abatement Bonds - - - - - 1,001,090 976,966 1,014,065 1,014,065 Community Center Operations - - 155,000 155,000 155,000 $ 975,632 $ 977,332 $ 974,418 $ 972,055 $ 969,378 $ 1,977,870 $ 2,105,229 $ 2,143,693 $ 2,143,693 AND%VER FACILITY UPDATE COMMUNITY CENTER JAN-FEB 2023 JAN 3- AHS GIRLS VS CHAMPLIN JAN 5- AHS BOYS VS MAPLE GROVE JAN 6- AHS GIRLS VS BLAKE JAN 7 -AHS GIRLS VS PROCTOR JAN 7 -8 -MN PREMIER VOLLEYBALL TOURNAMENT JAN 8- WINTER LEARN TO SKATE LESSONS BEGIN - 6 WEEKS JAN 10 - AHS GIRLS VS MAPLE GROVE JAN 12 - AHS BOYS VS. CENTENNIAL JAN 14 - AHS GIRLS VS HILL-MURRAY JAN 14 -ACC INDOOR SOCCER WINTER PROGRAM BEGINS -7 WEEKS JAN 14 - AAA IN-HOUSE BASKETBALL JAN 15 - MN PREMIER VOLLEYBALL TOURNAMENT JAN 20 -AHS GIRLS VS GRAND RAPIDS JAN 21 -AHS BOYS VS ANOKA JAN 21 -AAA IN-HOUSE BASKETBALL JAN 22 - MN PREMIER VOLLEYBALL TOURNAMENT JAN 24 -AHS GIRLS VS CENTENNIAL JAN 26 - AHS BOYS VS SPRING LAKE PARK JAN 28 -AAA IN-HOUSE BASKETBALL JAN 29 - MN PREMIER VOLLEYBALL TOURNAMENT FEB 3 -AHS BOYS VS GRAND RAPIDS FEB 4 -AAA IN-HOUSE BASKETBALL FEB 5 -MN PREMIER VOLLEYBALL TOURNAMENT FEB 7 - AHS BOYS VS BLAINE FEB 9- AHS GIRLS -SECTION PLAYOFFS FEB 11 -AHS GIRLS -SECTION PLAYOFFS FEB 11 -AAA IN-HOUSE BASKETBALL FEB 12 -MN PREMIER VOLLEYBALL TOURNAMENT FEB 13,14,16,18,19,20,22,23,24,25 -DISTRICT 10 YOUTH HOCKEY PLAYOFFS FEB 18 -AAA IN-HOUSE BASKETBALL FEB 19 -MN PREMIER VOLLEYBALL TOURNAMENT FEB 21 -AHS BOYS -SECTION PLAYOFFS FEB 25 -AAA IN-HOUSE BASKETBALL FEB 26 -MN PREMIER VOLLEYBALL TOURNAMENT FEB 27 -ICE OUT IN SPORTS COMPLEX JAN -1846 JULY- 405 FEB - 1960 AUG 389 MARCH - 2054 SEPT 500 APRIL 1931 OCT 748 MAY 795 NOV 1 343 JUNE -454 DEC -1667 ACC Activity ACC Learn to Skate 10.00 ACC Activity ACC Open Skate 100.92 ACC Activity ACC Open Youth Hockey 34.00 Ice AHS Boys Captain's Practice 20.75 Ice AHS Boys Hockey 86.00 Ice AHS Girls Captain's Ice 8.00 Ice AHS Girls Hockey 100.33 Ice AHYHA 818.00 Ice AHYHA Jr. Huskies 2.00 Ice AHYHA Tryouts 13.17 Ice Cutting Edge Power Skating 27.25 Ice Dan Shea Adult Hockey 15.00 Ice Flex Hockey 9.83 Ice Hometown Tounament 7.75 Ice Hometown Winter 60.00 Ice Hometown Youth League 2.75 Ice MN Hockey Girls NIT 70.50 Ice Red/Black HS League 5.00 Ice Tim Nelson Adult Hockey 12.00 Ice UBHF Development 11.00 TOTAL 1414.26 PRIME HOURS AVAILABLE OCTOBER 423 NOVEMBER 460 DECEMBER 446 TOTAL 1329 MEETING ROOMS - 4TH Q 2022 Account Type Account Hours ACC ACC Events 12.00 Meeting Room AHS Dance Team 4.00 Meeting Room Andover Elementary School 5.50 Meeting Room Anoka Hennepin Mustangs 12.00 Meeting Room MN Premier Volleyball Season 4.00 Meeting Room AAA Track and Field 1.00 Meeting Room ABA Turf 5.50 Meeting Room AGTBA Meeting Room 2.00 Meeting Room AGTBA Meeting Room 6.75 Meeting Room AHS Baseball Booster Club 6.00 Meeting Room AHS Boys Hockey Booster Club 7.00 Meeting Room AHS Boys Hockey Booster Club 6.00 Meeting Room AHS Chess Club 12.00 Meeting Room AHS Girls Hockey Booster Club 28.00 Meeting Room AHS Girls Hockey Booster Club 6.00 Meeting Room AHS Girls Lacrosse Booster Club 3.75 Meeting Room AHS Swim & Dive Booster Club 6.75 Meeting Room AHS Trap & Skeet 3.00 Meeting Room AHYHA Meeting Room 83.50 Meeting Room Allina Aetna Medicare Dave Stewart 16.00 Meeting Room Allina Aetna Medicare Meeting Benita Jackson 4.00 Meeting Room Andover Boys Traveling Basketball 3.50 Meeting Room Andover Football Association 3.50 Meeting Room Andover Lions 7.50 Meeting Room Anoka County Autism Family Support Group 6.75 Meeting Room Anoka County Election Integrity Team 4.00 Meeting Room Anoka County Radio Control 39.00 Meeting Room Anoka Vet Center 28.00 Meeting Room Aztec Estates Townhomes Association 5.50 Meeting Room Betsy Farly 12.00 Meeting Room Brad Mechelke 6.00 Meeting Room BS Pack 609 Boy Scouts 1.50 Meeting Room BS Pack 609 Cub Scouts 5.00 Meeting Room BS Pack 609 Planning Committee 6.75 Meeting Room BS Pack 609 Webelos Den 7 6.00 Meeting Room BS Troop 678 1.00 Meeting Room Bunker Lake Village HOA 4.50 Meeting Room Castleguard Training 18.00 Meeting Room Constance Free Church 16.00 Meeting Room Cub Scout Pack 414 Lions 1.00 Meeting Room Dani Foesch 6.00 Meeting Room Dennis Dworshak 4.00 Meeting Room FAIR 6.00 Meeting Room Farrah Watley 12.00 Meeting Room Grey Oaks at Andover Townhome Assoc. 6.50 Meeting Room GS Troop 14642 Jami Rinderknecht 6.75 Meeting Room GS Troop 17869 Kathy Strobush 3.00 Meeting Room GS Troop 17872 Jennifer Mayers 1.50 Meeting Room GS Troop 18470 Kellie Cleary 1.50 Meeting Room GS Troop 18653 Jessica Lien 12.00 Meeting Room Hope 4 Youth 3.00 Meeting Room Humana Samuel Beard 6.00 Meeting Room Integrated Insurance Inc. 4.00 Meeting Room Joe Deitz 1.00 Meeting Room Kwik Trip 6.00 Meeting Room League of Woman Voters ABC 6.00 Meeting Room Lorriet Charles 9.00 Meeting Room Medica Medicare Rebecca Kitzberger 4.00 Meeting Room MN Fundraising Initiative 5.00 Meeting Room Mom's Club 18.00 Meeting Room Natures Run Townhome Assoc. 4.75 Meeting Room Net Hendricks 12.00 Meeting Room Northwoods Service Uni 10.00 Meeting Room Pond Twinhomes Association 1.75 Meeting Room Red Pine Fields Townhome Association 2.00 Meeting Room Senate District 31 DFL 540 11.25 Meeting Room Superman Sam -Jamie Grant 7.50 Meeting Room Tom Laing 4.00 Meeting Room United Health Care Jeff Olsen 4.00 Meeting Room United Health Care Scott Nelson 3.00 Meeting Room United Healthcare Joe Carlson 11.00 Meeting Room Village at Andover Station 2.00 Meeting Room Woodland Creek Townhouse Association 10.50 TOTAL 615.25 1685 CROSSTOWN BOULEVARD N.W. •ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Pre -Audit December 2022 General Fund Budget Progress Report DATE: February 28, 2023 INTRODUCTION The City of Andover 2022 General Fund Budget (as amended) contains total revenues of $12,799,292 and total expenditures of $13,820,740 (as amended); a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2022 reflecting year to date actual through December 2022 (Pre -Audit). The following represents Administration's directives and departmental expectations for 2022: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost-effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. ACTION REQUESTED ReVitw and receive a brief presentation on the December 2022 General Fund Budget Progress Report CITY OF ANDOVER General Fund Budget Summary Totals Budget Year 2022 PRE -AUDIT 2021 r 2022 REVENUES Budget Dec YTD %Bud Audit Budget Dec YTD %Bud General Property Tax $ 9,594,493 $ 9,527,670 99% $ 9,527,670 $ 10,076,370 $ 9,974,141 99% Licenses and Permits 436,450 891,762 204% 891,762 535,500 972,879 182% Intergovernmental 938,041 939,174 100% 939,174 917,431 884,285 96% Charges for Services 752,360 1,036,929 138% 1,036,929 799,110 1,295,430 162% Fines 50,250 53,747 107% 53,747 50,500 55,983 111% Investment Income 75,000 (15,184) -20% (15,184) 75,000 (189,494) -253% Miscellaneous 138,850 167,318 121% 167,318 148,300 190,515 128% Transfers In 211031 212.031 100% 21 031 1 Q7 na1 107 Mut tnroi PUBLICSAFETY $ 2021 $ 12,841,500 94% 2022 12,841,500 EXPENDITURES Budget Dec YTD % Bud Audit Budget Dec YTD %Bud GENERAL GOVERNMENT 1,711,769 1,706,875 100% 1,706,875 1,982,313 1,961,913 99% Mayor and Council $ 108,015 $ 95,659 89% $ 95,659 $ 107,347 $ 95,366 89% Administration 236,244 229,314 97% 229,314 256,442 245,223 96% Newsletter 25,000 22,945 92% 22,945 27,300 24,631 90% Human Resources 35,202 20,836 59% 20,836 34,661 19,906 57% Attorney 206,941 199,809 97% 199,809 212,041 206,399 97% City Clerk 176,206 175,177 99% 175,177 185,278 184,317 99% Elections 74,212 20,260 27% 20,260 77,188 75,115 97% Finance 320,768 307,009 96% 307,009 337,466 320,729 95% Assessing 161,000 128,829 80% 128,829 161,000 131,097 81% Information Services 213,738 185,642 87% 185,642 226,601 226,589 100% Planning & Zoning 504,204 491,395 97% 491,395 526,669 490,576 93% Engineering 631,401 594,717 94% 594,717 652,908 649,664 100% Facility Management 713,197 548.747 77% 549747 Its 6Rg cal oub 7vot PUBLICSAFETY $ 13,590,879 $ 12,841,500 94% $ 12,841,500 Police Protection 3,287,046 3,287,046 100% 3,287,046 3,296,486 3,261,423 99% Fire Protection 1,711,769 1,706,875 100% 1,706,875 1,982,313 1,961,913 99% Protective Inspection 533,561 519,787 97% 519,787 529,812 464,559 88% Emergency Management 26,844 15,202 57% 15,202 29,003 12,295 42% Animal Control 5,950 3,517 59% 3,517 5,950 5,164 87% PUBLIC WORKS $ 13,590,879 $ 12,841,500 94% $ 12,841,500 Streets and Highways 788,241 805,391 102% 805,391 860,864 788,330 92% Snow and Ice Removal 675,888 540,226 80% 540,226 702,923 752,396 107% Street Signs 240,842 195,783 81% 195,783 230,094 194,276 84% Traffic Signals 40,000 33,362 83% 33,362 40,000 28,150 70% Street Lighting 40,400 36,533 90% 36,533 40,400 36,142 89% Street Lights - Billed 180,500 156,841 87% 156,841 180,500 158,028 88% Park & Recreation 1,560,640 1,505,145 96% 1,505,145 1,548,086 1,482,057 96% Natural Resource Preservation 13,383 9,738 73% 9,738 17,811 15,932 89% Recycling 233,759 239,606 103% 239,606 237,981 192,371 81% OTHER Miscellaneous 806,828 757,109 94% 757,109 561,328 558,396 99% Youth Services 39,100 91000 23% 9.000 36.600 oMMM vcoi Total Expenditures $ 13,590,879 $ 12,841,500 94% $ 12,841,500 $ 13,820,740 $ 13,143,030 95% NET INCREASE (DECREASE) $ (1,393,404) $ (28,053) $ (28,053) $ (1,021,448) $ 237,790 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: January 2023 General Fund Budget Progress Report DATE: February 28, 2023 INTRODUCTION The City of Andover 2023 General Fund Budget (as amended) contains total revenues of $13,564,378 and total expenditures of $13,906,093 (as amended); a decrease in fund balance is planned. Monthly reporting of the City Budget progress to the Governing body is a recommended financial practice and often viewed positively by rating agencies. DISCUSSION Attached is the General Fund Revenue & Expenditure Budget Summary - Budget Year 2023 reflecting year to date actual through January 2023. The following represents Administration's directives and departmental expectations for 2023: 1. Expenditure budgets while approved, expenses are to meet with the spirit that needs are fulfilled first, expansions of service and special requests are to be reviewed with City Administration before proceeding. 2. Departments are to be committed to search for the best possible prices when purchasing goods and services. 3. Departments are to be committed to continually searching out new efficiencies and to challenge the status quo of how the City provides services. 4. Departments are to be committed to searching out collaborative opportunities to facilitate efficient and cost-effective utilization of governmental assets and personnel. 5. Departments are to be committed to developing effective, consistent and ongoing communications with City residents, businesses and other stakeholders. 6. Departments are to be cognizant that services provided are subject to available revenues and should not commit to services that are not sustainable. and receive a brief presentation on the January 2023 General Fund Budget Progress Report. submitted, Jim CITY OF ANDOVER General Fund Budget Summary Totals Budget Year 2023 2022 2023 REVENUES Budget Jan YTD %Bud Pre -Audit Budget Jan YTD %Bud General Property Tax S 10,076,370 $ - 0% S 9,974,141 $ 10,814,789 $ - 0% Licenses and Permits 535,500 50,916 10% 972,879 573,000 111,492 19% Intergovernmental 917,431 (13,289) -1% 884,285 839,907 (1,659) 0% Charges for Services 799,110 67,253 8% 1,295,430 839,110 109,995 13% Fines 50,500 125 0% 55,983 45,500 - 0 0% Investment Income 75,000 0 0% (189,494) 75,000 0 0% MisceOaneous 148,300 8,111 5% 190,515 148,300 3,176 2% Transfers In 197,081 197,081 100% 197,081 228,772 228,772 100% Total Revenues $ 12,799,292 $ 310,197 2% $ 13,380,820 $ 13,564,378 $ 451,776 3% 2022 2023 EXPENDITURES Budget Jan YTD %Bud Audit Budget Jan YTD %Bud GENERAL GOVERNMENT Miscellaneous 561,328 151,570 27% 558,396 54,000 - 0% Mayorand Council $ 107,347 $ 28,775 27% $ 95,366 $ 110,104 $ 28,869 26% Administration 256,442 18,096 7% 245,223 297,277 20,762 7% Newsletter 27,300 1,790 7% 24,631 30,000 1,884 6% Human Resources 34,661 6,239 18% 19,906 35,458 1,993 6% Attorney 212,041 - 0% 206,399 219,221 - 0% City Clerk 185,278 16,064 9% 184,317 196,235 17,898 9% Elections 77,188 964 1% 75,115 85,140 1,190 1% Finance 337,466 47,227 14% 320,729 355,854 19,764 6% Assessing 1612000 - 0% 131,097 161,000 - 0% Information Services 226,601 13,347 6% 226,589 242,922 24,141 10% Planning & Zoning 526,669 34,217 6% 490,576 567,673 29,951 5% Engineering 652,908 47,332 7% 649,664 7412037 53,718 7% Facility Management 715,688 32,053 4% 552,986 770,939 26,538 3% Total General Gov 3,520,589 246104 7% 3,222,598 3 812 860 226,708 6% PUBLICSAFETY Miscellaneous 561,328 151,570 27% 558,396 54,000 - 0% Police Protection 3,296,486 834,371 25% 3,261,423 3,347,315 836,829 25% Fire Protection 1,982,313 102,456 5% 1,961,913 1,992,865 118,715 6% Protective Inspection 529,812 30,953 6% 464,559 559,182 34,109 6% Emergency Management 29,003 514 2% 12,295 33,555 5,560 17% Animal Control 51950 - 0% 5,164 10,950 - 0% Total P.blitS.fty 5,843,564 968 294 17% 5,705,354 5 943 867 995,213 17% PUBLIC WORKS Miscellaneous 561,328 151,570 27% 558,396 54,000 - 0% Streets and Highways 860,864 60,150 7% 788,330 915,356 68,765 8% Snow and Ice Removal 702,923 110,999 16% 752,396 774,897 145,387 19% Street Signs 230,094 12,048 5% 194,276 212,254 9,411 4% Traffic Signals 40,000 601 2% 28,150 44,000 - 0% Street Lighting 40,400 - 0% 36,142 42,400 - 0% Street Lights - Billed 180,500 74 0% 158,028 180,500 81 0% Park & Recreation 1,548,086 101,384 7% 1,482,057 1,637,954 102,593 6% Natural Resource Preservation 17,811 250 1% 15,932 13,398 18 0% Recycling 237,981 5,856 2% 192,371 238,007 4,675 2% OTHER Miscellaneous 561,328 151,570 27% 558,396 54,000 - 0% Youth Services 36,600 - 0% 9,000 36,600 - 0% Total Other 597,928 151,570 25% 567,396 90,600 0% Total Expenditures $ 13,820,740 $ 1,657,330 12% $ 13,143,030 $ 13,906,093 $ 1,5529851 11% NET INCREASE (DECREASE) $ - (1,021,448) $ (1,347,133) $ 237,790 $ (341,715) $ (1,101,075)