HomeMy WebLinkAbout10-23-2017 Council Work Session PacketOrono City Council Work Session
Monday, October 23, 2017
Council Chambers 5:00 p.m.
AGENDA
1. Open Meeting Law
2. Wetland Buffer / Setback Clarification
Annual:
• Budget: Part of June, All of July, August and October.
• City Administrator & Police Chief Update (3 times per year for 15 minutes)
Additional topics:
• Variance Training
Previous Work Session Topics
October 9, 2017
• Administrator's Update
• Old Crystal Bay Road
September 11, 2017
• Discuss and Prepare 2018 Budget
August 28, 2017
• 2018 General Fund Budget
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Purpose.
The purpose of Minnesota's Open Meeting Law is:
a.) to prohibit public actions from being taken at secret meetings where it is
impossible for the interested public to detect improper influence;
b.) to ensure the public's right to be informed; and
c.) to afford the public an opportunity to present its views.
k-11. Who is Subject to the Open Meeting Law? See Minn. Stat. § 13D.04
All city council, school board, county board and town board meetings and
executive sessions (with a few narrow exceptions).
0 State agencies, boards, commissions and departments.
Committee, subcommittee, board, department, or commission meetings of
the public body.
0 Meetings of governing bodies of local public pension plans.
0 Housing and redevelopment authority meetings.
0 Economic development agency meetings.
® What is a "Meeti 99 See Moberg v. Independent Sch. Dist. No. 281, 336 N.W. 2d 510
(Minn. 1983); St. Cloud Newspapers, Inc. v. District 742
Community Schs., 332 N.W.2d I (Minn. 1983).
The Open Meeting Law statute does not define the term "meeting." Minnesot
courts have ruled that the Open Meeting Law applies to gatherings of official
where at least a quorum is present and issues relating to official business ar
discussed or information relating to official business is received or action (such a
a vote) is taken. I
Examples:
o chamber of commerce gatherings with council embers;
o staff planning sessions with councilmembers;
o neighborhood land use gatherings with councilmembers;
o hockey association discussions with council memhers;
o field trips;
o retreats;
o council meeting with fire department
Telephone conversations, e-mail, letters among a quorum to create a
consensus or decision.
0 Applies to deliberations as well as actions.
0 Applies to commissions, task forces,
A-
110 Applies to serial meetings.
0 Applies to "after meeting" meetings and "before meeting" meetings.
I
Applies to intergovernmental meetingi
Does not apply if the gathering is only discussing non- governmental
matters (the social or casual gathering).
Does not apply to generalized training sessions held by the League of
Cities.
Does not apply to less than a quorum where the gathered members have
no decision-making authority.
According to the Attorney General, a quorum of the council may attend a
planning commission meeting without notice of a council meeting if the
councilmembers just observe and do not participate or discuss.
4. 'Electronic Communications.
0 See League memos that follow these materials.
5. Use of Social Media.
The use of social media by members of a public body does not violate this chapter
so long as the social media use is limited to exchanges with all members of the
general public. For purposes of this section, e-mail is not considered a type of
social media.
6. Interactive Television.
Councilmembers must hear and see each other and all discussion and
testimony.
The public at the regular meeting location must hear and see all
discussion, testimony, and voting.
0 There must be at least one councilmember at regular meeting location.
Each location where a councilmember is present is "open and accessible to
the public."
7. What Actions Can/Must be Closed?
A. Labor Negotiations Minn. Stat § 13D. 03
The governing body of a public employer may, by a majority vote in a public
meeting, decide to hold a closed meeting to consider strategy for labor
negotiations.
The time of commencement and place of the closed meeting must be
announced at the public meeting.
Following the closed meeting, a written record of all members present
must be made available to the public.
After all labor contracts have been signed, a tape-recording of the meeting
must also be made available to the public.
If a claim is made that public business, other than labor negotiation
strategy, was discussed at the meeting, a court must privately review the
tape-recording of the meeting. The tape must be kept for two years after
the contract is signed.
B. Specific Types of Non Public Data Minn. Stat. § 13D. 05
The general rule is that meetings cannot be closed to discuss data that is nol
public. Any portion of a meeting must be closed if expressly required by anothe
law or if the following types of data are discussed:
owl
Data that would identify alleged victims or reporters of criminal sexual
conduct, domestic abuse, or maltreatment of minors or vulnerable adults.
Active investigative data created by a law enforcement agency or internal
affairs data relating to allegations of law enforcement personnel
misconduct.
Educational, health, medical, welfare, or mental health data that are not
public data under separate statutes.
Data discussed at an open meeting retains its original classification. However, a
record of the meeting will be public.
U. Misconduct Allegations or Charges Minn. Star § 13D. 05, Subd 2(b)
A public body shall close one or more meetings for preliminary consideration of
allegations or charges against an individual subject to its authority. If members
conclude that discipline is warranted, any subsequent hearings related to the
charge or allegation must be open. A meeting must also be open at the request of
the individual who is the subject of the meeting.
D. Performance Evaluations Minn. Star § 13D. 05, Subd 3 (a)
A public body may close a meeting to evaluate the performance of an individu
who is subject to its authority. The public body must identify the individual to b
evaluated prior to closing a meeting. At its next open meeting, the public bod
must summarize its conclusions regarding the meeting. A meeting must also b
open at the request of the individual who is the subject of the meeting. I
E. Attorney-client Privilege Minn. Star § 13D.05, Subd 3(b)'. Northwest Publications,
Inc. v. 001LSL Paul, 435 N. W. 2d 64(Minn. CLApp. 1989;
Star Tribune v. Board OLEduc., 501 N. W.2d 869
(Minn. CLApp. 1993)" Prior Lake American v. Mader 642
N. W.2d 729 (Minn, 2002)'. Clearwater v. Independent
School Dist. No. 166, 2001 WL 1155706 (Minn.App.)'. The
Free Press v. Couno�oLBlue Earth, 677 N. W.2d 471
(Minn. Ct.App. 2004).
A meeting may be closed if permitted by the attorney-client privilege. This
privilege does not extend to a request for general legal advice or opinions.
F. Security Briefings Minn. Stat. § 13D.05, Subd 3(d)
Meetings may be closed to receive security briefings and reports and emergency
response procedures if disclosure of the information would pose a danger to
public safety or compromise security procedures or responses.
Financial issues relating to security must be discussed at an open meeting.
Must tape record the closed portion of the meeting and must keep the tape for four
years.
G. Appraisals; Developing Offers Or Counteroffers For Purchase Of Re
Estate Or Personal Property Minn. Stat § 13D. 04, Subd 3. 1
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• to determine the asking price for real or -personal property to be sold by the
city
• to review appraisal data
• to develop or consider offers or counteroffers for the purchase or sale of
real or personal property.
Before closing the meeting, the council must identify on the record the real or
personal property that will be discussed.
Must tape record the closed meeting and must keep the tape for eight years after
the date of the meeting. Must keep a list of the persons at the closed meeting.
The list of those present is available after closed meeting.
Must make the tape available after the city buys or sells the property or the city
abandons the sale or purchase.
Actual sale or purchase and purchase price must be approved at an open meeting;
vote to sell or purchase must be at an open meeting.
H. Keeping Tapes of Closed Mee Minn. Stat. § 13D. 05, Subd. I (d)
All closed meetings, except those closed as permitted by the attorney-clie
privilege, must be electronically recorded at the expense of the public bod
Unless otherwise provided by law, the recordings must be preserved for at leas
three years after the date of the meeting. I
8 T , 0
® Leeal Meetings - Notice and Agenda Issues. Minn. Stat. § 13D. 04
A schedule of the regular meetings of a public body shall be kept on file
its primary offices. If a regular meeting is to be held at a time I
or plac
different from that stated in the schedule of regular meetings, the publi
body shall give notice as provided for a "special meeting."
For a special meeting the public body shall post written notice of the date,
time, place and purpose of the meeting on the principal bulletin board of
the public body or on the door of its usual meeting room. Publication is an
alternative.
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For an emergency meeting the public body shall make a good faith effort
to provide notice to each news medium that has filed a written request for
notice.
0 All notice requirements apply to closed meetings.
In statutory cities, the mayor may call a meeting or two of the five -person
council may call a meeting.
A "recessed" meeting does not have to be renoticed as long as the time
and place of the recessed meeting were established and recorded at the
previous meeting.
9. 'Procedures for Closing a Me rMinn. Stat. § 13D. 01, Subd 3
n The body must first meet in open
• The body must announce why the meeting is to be closed (the exception
that allows a closed meeting)
The body must identify who will attend the closed meeting
The body must specifically describe the matter to be discussed at the
meeting vs. merely identifying the issues. See The Free Press v. County of flue
677 N. W.2d 471 (Minn. Ct.App. 2004).
A -1,
All closed meetings, except those closed as permitted by the attorney
client privilege, must be electronically recorded at the expense of th
public body. Unless otherwise provided by law, the recordings must b
preserved for at least three years after the date of the meeting. I
10. Remedies and
® Minn. Stat. § 13D. 06; Claude v. Collins,518N.W.2d836
(Minn 1994).
Any person who intentionally violates the Open Meeting Law is subject tf
personal liability in the form of a civil penalty of up to $300.
If a person has been found to have intentionally violated the Open Meetin
Law three or more times involving the same governing body, such perso
m
shall forfeit the right to serve on the governing body for a period of ti
equal to the term of office that was being served.
A court may award costs and attorney's fees of up to $13,000 to any party
in an action under the Open Meeting Law. Specific intent must be found.
The court shall award reasonable attorney fees to a prevailing plaintiff
who has brought an action under this section if the public body that is the
defendant in the action was also the subject of a prior written opinion
issued under section 13.072, and the court finds that the opinion is directly
related to the cause of action being litigated and that the public body did
not act in conformity with the opinion. The court shall give deference to
the opinion in a -proceeding brought under this section.
• Regular meeting (schedule at City Offices)
• Special meeting (three days posted and mailed notice or delivered notice)
• Emergency meeting (notification of news media)
Uff!Lht to Convenient Location
• Accessible
• Generally, must be in city corporate limits
• Open meeting law (public right to be present)
• All meetings of the Council shall be open to the public (Minn. Stat. §
412.191, Subd 2)
• Record votes in journal
• Votes taken in public
ON III III III! i i i
• Available at meeting
• Rule does not apply to confidential data or closed meeting information
or E Ise Mail to Those Who Have Requested
• Within 30 Days After Meeting
• Distribution at City Expense
• Rule Does Not Apply to Cities of Less Than 1,000 Population
11111 IF ij�
• Minn. Stat. § 421.191, Subd. 4
• Minn. Stat. Chp. 3 31 A
U Update and Review of Relevant Caselaw.
• Prior Lake American v. Mader, 642 N.W.2d 729 (2002)
• Merz v. Leitch, 342 N.W.2d 141 (1 4)
• St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332
N.W.2d 1 (1983)
� INVIN
• Berglund v. City of Maplewood, 173 F. Supp.2d 935 (D.Minn.2001)
• St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332
N.W.2d 1 (1983)
• Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (1982)
• Northwest Publications, Inc. v. City of St. Paul, 435 N.W.2d 64
(Minn.Ct.App. 1989)
Serialized Meetings
Mankato Free Press v. City of Mankato, 563 N.W.2d 291 (Minn.Ct.App.
1997); Department of Administration Advisory Opinion 09-020
0 Op.Atry. Gen., 63a-5, August 28, 1996 (re City Council of Ely)
71=4
0 Sovereign v. Dunn, 498 N.W.2d 62 (Minn.Ct.App. 1993[
• Demming v. Housing and Redevelopment Authority of Duluth, 847
F.Supp. 130 (1994)
• Minneapolis Star Tribune v. Housing and Redevelopment Authority In and
For City of Minneapolis, 310 Minn. 313, 251 N.W.2d 620 (1976)
• Prior Lake American v. Mader, 642 N.W.2d 729 (Minn. 2002)
r"I
• i ne Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. Ct.App.
2004)
• City Pages v. State of Minnesota, et al, 655 N.W.2d 839 (Minn.Ct.App.
2003).
• Brainerd Daily Dispatch v. ehen, 693 IST. .2d 43 5 (Minn. Ct.App. 2005)
Rupp v. Ma asich, 533 N.W.2d 893 (Minn.Ct.App. 1995)
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Atty.Gen., 63a-5, Feb. 5,1975
RUN sells
�, -1 111"i 01 11 11
• St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332
IST. .2 1 (1983)
• Minnesota Educ. Assn n v. Bennett, 321 N. .2d 395 (1982)
Star Tribune Company, et al v. University of Minnesota Board of Regents,
et al., 2004 WL Minn. Jul 15, 2004.
The public can record open meetings as long as it doesn't disrupt the
proceedings.
Minnesota Attorney General Opinion 63a-5 (December 4, 1972)
I
* Quast v. Knutson, 150 N.W.2d 199 (Mi����
O'Keefe v. Carter, No. Al2-0811 (Minn. Ct.App. Dec. 31, 2012)
(unpublished opinion)
CITY OF ORONO
MEMORANDUM
DATE: October 23, 2017
TO: City Council
FROM: Jeremy Barnhart, Community Development Director
RE: Wetland Buffer / Setback Clarification
Staff understands there may be some confusion from residents as to the applicability of wetland
setbacks and buffers. This memo is intended to offer clarity. Please direct any questions to
planning staff.
A wetland buffer is a Watershed imposed land use limitation on land surrounding a delineated
wetland. The buffers range in width from 16.5 feet to 75 feet. No activity can occur within a
buffer. Buffers are usually characterized by native vegetating (long grasses). The watershed
district requires the posting of buffer markers.
A wetland setback is a city imposed restriction on building and grading activity. The city
imposes a 10 foot setback in addition to an established buffer. Where no buffer has been
established, the city setback is 35 feet, which is the smallest typical buffer of 25 feet plus 10 feet.
The setback is intended to preserve the buffer by establishing a minimum separation between
buildings and hard cover and the buffer.
The city does not require a buffer.
The attached drawing shows the two scenarios, one with a buffer and the additional 10' setback
(Fig. 1) and the second, a wetland and city setback. (Fig 2.)
In May, the City Council approved modifications to the zoning ordinance as it related to when a
wetland delineation is required, but did not amend the setback requirements. The buffer
requirements are established by the Watershed.
Fig. 1.
Wetland Buffer/ Setback exhibit
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