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HomeMy WebLinkAbout2025-02-06 AC I T Y O F NDO�R#1 & 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular Park & Recreation Commission Meeting February 6, 2025 6:00 P.M. Meet at Andover City Hall 1. Call to Order 2. Oath of Office/Newly Appointed Commissioners 3. Election of Chairperson and Vice Chairperson for 2025 4. Resident Forum 5. Approval of Minutes (01/16/25 Meeting) 6. Agenda Approval 7. Outstanding Items 8. Chairs Report 9. Adjournment 6:30 P.M. or shortly after. Workshop Session - Andover City Hall A. Discussion — Review the Park & Recreation Commission Information Packet B. Discuss Objectives for 2025 PARKAND RECREATION COMMISSION MEETING—JANUARY 16, 2025 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chair Strombeck on January 16, 2025, 6:00 p.m., at the Andover City Hall, 1885 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Chair Tracy Strombeck, Commissioners Bruckner Johnson, Kristin Lackie, Chuck Naughton, Liza Shafto and Shane Stenzel. Commissioners Absent: Commissioner Jim Lindahl Also Present: Parks & Streets Operations Manager Jason Baumunk and City Planner Peter Hellegers. RESIDENT FORUM No one appeared to address the Commission. APPROVAL OF MINUTES December 5, 2024 Regular Meeting Motion by Commissioner Stenzel seconded by Commissioner Naughton, to approve the December 5, 2024, Park Commission Regular Meeting minutes as presented. Motion carried on a 4-ayes, 0-nays, 2-present and 1-absent vote. APPROVAL OFAGENDA Motion by Commissioner Stenzel, seconded by Commissioner Johnson, to approve the January 16,2025 Park Commission Regular Meeting Agenda as presented. Motion carried on a 6-ayes, 0-nays, and 1-absent vote. DISCUSS FINNES ESTATES SKETCH PLAN City Planner Peter Hellegers reviewed Brian Jansen/Boulder Contracting has submitted a Planned Unit Development (PUD) sketch for review. This is the first step in the development of a PUD in Andover. The sketch plan shows 32 single-family lot development over 14.24 acres (currently two properties). The site is generally located in the southwest quadrant of Crosstown Blvd/157th Ave and Prairie Road. Staff is currently Regular Andover Park& Recreation Commission Meeting Minutes—January 16, 2025 Page 2 reviewing the development for compliance and deviations from the City Code and this item is expected to have a public hearing in front of the Planning and Zoning Commission in the near future. Currently the property is zoned as R-1 Single Family Rural Residential and is guided as Transitional Residential which is essentially Urban Residential Low and would expect to have a density of 2.4 to 4 units per acre. Parks that are located nearby include: • Sophie's Park • Fields of Winslow Cove o One on the east side of Prairie Road o One future on the west side of Prairie Road • Landlocked Park (passive park no amenities) • Moores Estates (passive park no amenities) A trail is expected to be located on the west side of Prairie Road as development occurs. Eventually this trail segment would run from Crosstown Blvd down to Prairie Knoll Park. A trail has been planned for the south side of Crosstown Blvd. The Andover City Council will discuss a segment of this trail from Xeon to Prairie Road with the main discussion related to costs associated with crossing the existing railroad at their January Workshop. The Park Dedication Study does not identify parkland dedication in this area of the City therefore staff would recommend cash-in-lieu of land for park dedication requirements. Also provided for Commission consideration is the proposed PUD layout. The developer indicated that the number of units was reduced to 28 single-family units. Mr. Baumunk noted if a park were to go into this area it would be a Mini Park in size. There is no park designated for this area in the comprehensive plan. He also mentioned that there are future trail connections that are indicated to go past this development on both Crosstown Blvd NW and Prairie Rd that would connect this to other nearby parks such as Sofies Park,the new park being installed at Fields of Winslow Cove East, and Prairie Knoll Park. Motion by Commissioner Stenzel, seconded by Commissioner Shafto, to recommend the City Council accept cash in lieu of land for Finnes Estates. Motion carried on a 6-ayes, 0- nays, and 1-absent vote. PARK DEDICATION IMPROVEMENT FUND 4TH QUARTER REPORT/FINANCE DEPARTMENT Regular Andover Park& Recreation Commission Meeting Minutes—January 16, 2025 Page 3 Mr. Baumunk provided the unaudited versions of the Project Commitment Listing Report, Balance Sheet, and Revenue and Expenditure Reports for the Park Improvement Fund as of December 31, 2024. Chair Strombeck asked if the amount was higher for Rose Park in a previous report. Mr. Baumunk will research and report back to the Commission. Chair Strombeck thought the amount should be higher. Mr. Baumunk stated the playground was done in Rose Park two years ago. ANOKA COUNTYSHERIFF'S OFFICE 4TH QUARTER REPORT Mr. Baumunk reviewed the list of reports generated by the Anoka County Sheriff's Office regarding city park activity for the 41h quarter. Commissioner Shafto noted a number of reports include people taking mental health breaks in the parks. She asked if City Council is aware of these incidents occurring in the City. Mr. Baumunk stated he will make sure the City Council is aware. OUTSTANDING ITEMS Parks and Streets Operations Manager Jason Baumunk reviewed the Outstanding Items Report along with pictures of most of the items: On-going Projects: Outdoor rinks have been open since December 14th and are getting heavy use. Andover Huskies Youth Hockey Association is using them more than they have in the past. Rinks were closed for four days due to the warm weather and rain but remained in good condition after the weather cooled off. The new skating loop at Hidden Creek North Park is working out well and getting used. Staff are actively trimming trees along trails and in the parks. Updates on 2024 Park CIP Projects: Pine Hills Multipurpose Building— The structure is complete and the plumbing and electrical are installed.The well, septic, and electrical connection are scheduled over the winter and early spring. The building is expected to be complete and open by late spring of 2025. The road on the west side of Pine Hills Park, Tulip St NW, is getting mill and overlay this year.There is a driveway access to the park off Tulip street that has not been used and is barricaded off. Do we want to remove this access with the street project or leave it for potential future needs? Pictures, map and master plan were provided for Commission review. Staff if looking for input from the Park&Recreation Commission. Staff recommends removing that entrance and installing a curb. The consensus of the Commission was to remove the entrance. Motion by Commissioner Lackie, seconded by Commissioner Stenzel, to remove the entrance. Motion carried on a 6-ayes, 0-nays, and 1-absent vote. Regular Andover Park& Recreation Commission Meeting Minutes—January 16, 2025 Page 4 Updates on 2025 Park CIP Projects—New Park at Fields of Winslow Cove East Park — The playground equipment has been delivered, and the contractor is scheduled to install the playground, sidewalk, and picnic table pad early in the spring. Parks staff are planning on installing the irrigation right after the playground is completed. Sunshine Basketball Court Upgrades — Staff will obtain bids for the sport court surfacing, fencing, and upgraded hoops within the next month. Tree Lighting Event — The planning committee held a wrap-up meeting for the event on Monday, December 91h. The committee decided on staying with the first Friday in December going forward. The 2025 event will be held on Friday, December 51h. The decision to try and plant a live tree in the same area where the event is currently held was recommended. Other cities that are seeking tree donations for their events are not consistently finding trees and have been taking them out of local parks. The committee will start meeting again in September. Other Items of Interest: New Trail Segment Along Coon Creek — The easement has been secured and a DNR Local Trail Connection Grant was awarded in the amount of$250,000. The grant funds must be used by June of 2026. Staff have brush mowed the trail and survey and design work has started. Staff have started the bridge design with the bridge contractor. Parks Maintenance Update: Mr. Baumunk reviewed the Weekly Parks Maintenance for 12/6/24, 12/13/24, 12/20/24, 12/27/24, and 1/3/25. Commissioner Naughton asked about the increased use of ice by the Hockey Association and if indoor ice was no longer available to them. Mr. Baumunk stated they try to use outdoor ice for the younger teams. The Association provided warming house coverage when they use the rinks. Staff will look at putting a warming house at the loop for next year. Commissioner Lackie asked when the Pine Hills Multipurpose Building would be available for rental and Mr. Baumunk stated it will depend on when the septic is installed. It should be ready by graduation season. Chair Strombeck asked what the rental is for the Hawk Ridge trailer and Mr. Baumunk stated he does not know and it comes out of the park budget. Chair Strombeck stated there were some complaints that the tree could not be seen while driving by. Mr. Baumunk stated the Committee is discussing making it more visible. Regular Andover Park& Recreation Commission Meeting Minutes—January 16, 2025 Page 5 CHAIR'S REPORT No reports. ADJOURNMENT Motion by Chair Strombeck, seconded by Commissioner Stenzel, to adjourn the meeting at 6:30 p.m. Motion carried on a 6-ayes, 0-nays. Respectfully Submitted, Debbie Wolfe, Recording Secretary Timesaver Off Site Secretarial, Inc. 9 C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Park & Recreation Commission ����, CC: David D. Berkowitz, Director of Public Works/City Enginee`rID FROM: Jason Baumunk, Parks & Streets Operations Manager SUBJECT: 7. Outstanding Items DATE: February 6, 2025 Current items as of 01/29/25 ON-GOING PROJECTS— • Outdoor rinks have been open since December 141h and are getting heavily used. We have had to close a few days due to the warm weather, but are still seeing good ice conditions. The new skating loop at Hidden Creek North Park is working out well and getting used. • Staff are actively trimming trees along trails and in the parks. If you have any areas of concern, please contact the Public Works Department to report these issues. • Trees were cleared adjacent to the City Campus ice rinks for the Crosstown/Nightingale roundabout project. 2024 CIP Proiects - Pine Hills Multipurpose Building • The structure is complete and the plumbing and electrical are installed. The well, septic, and electrical connection are scheduled over the winter and early spring. The building is expected to be completed and open by late spring of 2025. The well was drilled and found good, clean water. Final connection to the building will be made this spring. UPDATES ON 2025 PARK CIP PROJECTS • New Park at Fields of Winslow Cove East Park—The playground equipment has been delivered and the contractor is scheduled to install the playground, sidewalk, and picnic table pad early in the spring. Parks staff are planning on installing the irrigation right after the playground is completed. • Sunshine Basketball Court Upgrades— Staff is currently working with a local contractor on quotes for surfacing, upgrading backboards, and fencing. OTHER ITEMS OF INTEREST • New Trail Segment Along Coon Creek—The easement has been secured and a DNR Local Trail Connection Grant was awarded in the amount of$250,000. The grant funds must be used by June of 2026. Staff has brush mowed the trial, and survey and design work has started. Staff have started the bridge design with the bridge contractor. WEEKLY PARKS MAINTENANCE UPDATES 1/17/25 • Trash Cycle • Outdoor ice rink maintenance daily, sweep and flood. • Plowed trails after weekend snowfall. • Tree trimming in parks and trails continued. • Brush cutting along trails. • Unloaded a semi of playground equipment for Fields of Winslow Cove East new park. I 1/24/25 • Trash Cycle • Outdoor ice rink maintenance daily, sweep and flood. • Rinks were closed Tuesday through Thursday due to weather. Staff will try to flood Friday and Saturday morning to reestablish statable ice. • Tree trimming in parks and trails continued. If you have any questions or comments regarding any of the items mentioned above, or any items relating to parks or projects, feel free to contact Jason Baumunk or Dave Berkowitz. Staff recommends the Commission continue reviewing the City Council meeting minutes that you receive by e-mail as to discussions of various projects the City Council has been working on or is considering. Respectfully submitted, �--�ot'-' r Jason Baumunk NDOVEk T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Park & Recreation Commission CC: David D. Berkowitz, Director of Public Works/City Engineer Wm FROM: Jason Baumunk, Parks & Streets Operations Manager SUBJECT: A. Discussion—Review Park & Recreation Commission Information Packet DATE: February 6, 2025 INTRODUCTION The Park and Recreation Commission is requested to discuss the information packet materials that staff provided the Commissioners. DISCUSSION Staff provided via email, or hard copy upon request, an information packet containing reference items to guide the Park & Recreation Commissioners. Staff will go over each of these items with the commission at the meeting. Attached is an overview of the open meeting laws published by the league of Mn Cities Trust. It is recommended that Commissioners review this document as well. ACTION REQUIRED The Park and Recreation Commission is requested to review the informational packet and attached open meeting laws and discuss any questions or clarification with staff. Respectfully submitted, Jason Baumunk Attachments: LMC Open Meeting Laws. 7 • 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)281-1200 or(boo)925-1122 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.§§45361-453.62,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 8 ■ 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 may be 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 144.298. 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 are 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 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 Chance or social gatherings of a quorum are not considered meetings under the open meeting law YOU'LWANT L and are therefore exempt from it.However,a quorum may not,as a group,discuss or receive TO KNOW information on official business in any setting under the guise of a social gathering. 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 von'►-� the open meeting law did not apply to letters or to telephone conversations between less than a quorum. W AAT "TO While it is possible that a similar decision might be reached concerning the use of email and other forms KNOW ?1415 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 technology.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.ia.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 Zoom 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 C I T Y O F NNDOVE^ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Park & Recreation Commission CC: David D. Berkowitz, Director of Public Works/City Engineer') FROM: Jason Baumunk, Parks & Streets Operations Manager SUBJECT: B. Discuss Objectives for 2025 DATE: February 6, 2025 INTRODUCTION The Park and Recreation Commission is requested to discuss the objectives, goals, and upcoming projects for 2025. DISCUSSION Looking ahead for 2025, there are a number of objectives to accomplish. Staff would like to introduce several of the large items to start the discussions with the commission. • 2026-2030 Parks Capital Improvement Plan—These discussions will start at the next meeting. The commission will need to review the updated Future Facilities Chart provided at that meeting and make recommendations on the 2026-2030 CIP. The goal will be to have a draft ready to present to City Council at the June 241h joint meeting. Kelsey Round Lake Park Master Plan additions were a large discussion last couple years, this will be a goal to finalize some of these items for 2026 and beyond. • Park Dedication Study—Rural Reserve—The Rural Reserve is a section of roughly 800 acres in the center of the city. In the event that the City extends the MUSA (Municipal Utility Service Area) pursuant to the Rural Reserve Area, additional facilities and land will be needed to accommodate the projected future population. Rural Reserve Area is not included in the park dedication study and will stand on its own if and when the Rural Reserve Area is ready for development. Currently, there is purchase agreement for 804 acres in the Rural Reserve and early discussions have started with City Council on a development proposal. Due to this, a park dedication study for this area will need to be completed to determine park-related needs for facilities, space, and trails in the near future. • Pine Hills North Reservable Shelter—With the new reservable shelter coming online this year, usage decisions, policies, and reservation procedures will need to be determined. This will need to be started early so it has time to go to council for input. The goal is to have this online by June Is'. • Items the Commission want to Address—Are there additional item that the Park & Recreation Commission want to address or focus on for 2025? It is the goal of staff to provide the supporting materials and information needed to the Park & Recreation Commission so informed decisions can be made for the future or our park system. Staff utilize public, athletic association, industry professionals, maintenance staff, and administrative staff input while providing information to the commission to help support the process. Please reach out if you ever have any questions or want more information about a topic. ACTION REQUIRED The Park and Recreation Commission is requested to discuss the above 2025 objectives and provide feedback or direction to staff. Respectfully submitted, ata Jason Baumunk