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HomeMy WebLinkAboutAgenda Packets - 2023/07/05CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Wednesday, July 5, 2023 6:00 p.m. ROLL CALL: Meehlhause, Cermak, Gunn, Lindstrom Council Workshops are informal gatherings of the council at which no final decisions are made, rather consensus discussion to direct staff on council decision items. AGENDA ITEMS DISCUSSED BY CONSENSUS 1. Organized Solid Waste - Nyle 2. Morris Leatherman Survey/Community Center — Update and Discussion — CM Lindstrom/Nyle 3. Minutes of Workshop - Nyle 4. Public Comment at Workshop - Nyle 5. Public Comment at Council - Nyle 6. Speed studies — Stop Signs — Nyle, Don, Ben 7. Citizen Requests - Nyle a. Groveland Road — Parking b. Ardan Park — Park Development c. Edgewood Road — Parking 8. Dog Kennel Ordinance - Nyle 9. Liquor License Fees - Nyle 10. Cannabis - Nyle NEXT COUNCIL WORK SESSION: Monday, August 7, 2023 at 6:00 pm NEXT COUNCIL MEETING: Monday, July 10, 2023 at 6:00 pm THIS PAGE LEFT BLANK INTENTIONALLY 1 Memorandum To: Mounds View Council From: Administrator Zikmund Date: June 29, 2023 Re: July 5, 2023 Workshop Discussion on order of items: Suggest council review order of items and reorder based on consensus discussion of importance. Final three items are not urgent but serve to advise council what is on the "workshop agenda" list. The August work session currently has nothing on it. Commissioner Frethem will be here in September and we should plan an hour for that visit. 1. Organized Solid Waste Collection: Council has met the statutory requirement of meeting and conferring with the haulers. Feedback from the haulers was a request for strategic goals, feedback on service, as well as their opinion on organized solid waste collection. One hauler inquired if Council was reviewing other services and highlighted school buses and delivery trucks. Staff advised the hauler to forward information they indicated they had. Staff has not received any information. Data shared during the public information sessions include/provide substantive evidence that refuse trucks are indisputably the heaviest (most frequent) and thus the highest concern. If council wishes, staff can undertake more research. The survey remains live and will provide the most updated information at the meeting. If council wishes to move forward the next steps include; 1. Determining those strategic goals — Cost, Environmental Impact (Noise/Quantity of Trucks), Infrastructure Impact (streets) for example 2. Determine whom is impacted —Single Family, Two Family (Duplex), Four Family (Four Plex) a. Single and Two family are practically included as the statute includes them and up to four plexes. Staff advises, based on a tour of a number of our four plexes that challenges of including the outweigh the benefits. Many are using dumpsters, have limited space for containers which also may result in others using, etc. Absent a contiguous — same owner complex; challenges may outweigh benefits. Of note, there was minimal trash/debris outside containers. Thus some evidence the trash is in the desired waste stream. 3. Have K & G prepare draft resolution for council review and consensus. 4. K & G prepares final resolution and item is scheduled for Council Meeting. The resolution establishes the exclusive negotiation period. 2. Community Center — Update and Fitness Center Staff will provide verbal update on first meeting with Rapp Strategies which is scheduled for 10:00 Am on Monday. Staff conversed with K & G regarding election date with Bloomington moving forward this year, and others considering it. They will have final decision no later than July 15t". Staff as and will continue to work with Rapp Strategies on building the web page (significant data has already been transmitted) and core messaging. The forms and documents for the 2024 Bonding Bill process have all been submitted with confirmation received. Council should further review the Morris Leatherman Survey with a focus the amenities/use which ranked the Fitness Center the highest, followed by youth sports, gymnasium, youth summer, event center, senior programs and meeting rooms. While the usage question is not exactly a "value" question, behavior/usage is clearly an indicator. General discussion and consensus needed as we work with Rapp Strategies on providing information to the public regarding the components of the project. 3. Workshop Minutes Council had robust discussion at their last workshop. Documents from the previous workshop are included. Spreadsheet summary: Arden Hills, Little Canada, Maplewood, North Oaks, North St. Paul, and Vadnais have minutes. Those minutes are best described as transcripts. Attendance of whom, and discussion. No action detail is included. Staff could not find minutes from Falcon Heights, Gem Lake, Lauderdale, Roseville, or St. Paul; the latter two due to a strong belief they do not hold workshops. New Brighton does not take minutes but does tape the session and make that available. Shoreview has minutes. Those detail whom was in attendance, discussion, and whether there is consensus to move to council. K & G advises against "formal minutes" as they suggest a formal meeting in which action is taken. Council can only take action via Resolution, Ordinance Adoption or a formal motion with a second and vote occurring during a duly posted meeting of a Council Meeting. Best approach is to do a summary of what occurred as there is no legal action item. Our contract with Minute Maker sets a base rate of $159 for the first hour and $37.75 for each additional half hour. A three hour meeting would cost $310. If 12 workshops were held in a year the annual cost equals $3,720. If council wishes to tape/broadcast the per meeting cost from Nine North is $180 per meeting. If just played on the channel there would be no additional cost. If Web Streamed additional fees apply. Based on 12 meetings the cost per year is $2,160 Options for council to consider including staff and fiscal impact.: 1. No change — staff states understanding of council consensus and if some action is needed, states item will move to Council. No change to staff and fiscal impact. 2. Staff could — using the agenda, create a summary document that denotes what occurred and publish that. Minimal impact to staff and no fiscal impact. Example using this workshop agenda 1. Organized Solid Waste — Consensus on goals (detail them) and move to council (which means a resolution will be developed) 2. Community Center— Discussion, consensus on x, y, z 3. Minutes— Option X and if 3, 4, 5, 6— Move to council as a resolution would be needed 3. Tape meeting and play on channel (New Brighton does this) — Minimal staff impact and $2,160 per year. 4. Tape meeting, play on channel, and webcast — Minimal staff impact and $2,500 per year (estimate) 5. Tape Meeting, Play on channel, webcast, and transcript meeting — Minimal impact to staff and $6,000 per year (actual is $5,880, additional is for web -stream) 6. Same as five but instead of a transcript have actual minutes. Cost is the same but their will be more than minimal impact as staff will have to work with vendor, sending minutes out to council, making corrections, filing on M drive and into Laserfiche. Council should discuss further and seek to find consensus on one of the 6 options and absent that, provide further direction to staff on what other information is needed by council. Resolutions: At the last workshop staff was made aware that resolutions have been adopted requiring broadcasting of meetings. Staff researched the issue and discovered the following. Included in the packet are resolutions 5310, 5374, 5501, 5369, 5396, and 7583. 5310 was adopted in 1999 and requires all Created Boards and Commissions be cable casted. 5374 was adopted in the fall of 1999 and continues cable casting of all city meetings. 5501 was adopted in 2000 and required any meeting that was in the public space be cable casted. The resolution was rescinded with Resolution 5557. Resolution 5369 was adopted in 1999 and establishes policy on meetings cable casted. Resolution 5396 was adopted in 1999 and establishes any meeting subject to open meeting law be cable casted. That resolution was rescinded by resolution 5501 Resolution 7583 was adopted February 2010 and effectively supplants all of the above and states all public/open meeting law be cable cast with the exception of the HR committee and Cable Committee. Staff is not aware of any resolution to rescind resolution 7583, thus; this is the guiding document. K & G has advised that a resolution is not required to dismiss or rescind a resolution (and /or) its action if a motion is duly adopted to amend or reverse. Staff is not aware of any such motion but could search the minutes from 2010 to 2017 (it would take a measure of time) if council wishes. FYI - Our HR committee consists of two council members and discusses confidential HR matters. The Cable Committee no longer exists. As the discussion on minutes includes the possibility of taping meetings and/or broadcasting, the topic is related. Council should also include in the discussion to resume taping (if so decided) that the Tribute Park and HR Task Force are not being taped and/or broadcast. Staff discussion with legal counsel confirm that Festival should be included and arguably Foundation are subject to the resolution given the resolution statement of meetings subject to open meeting law, council liaison on each, and city staff and resources expended on each. Option 1. Follow Resolution 7583 —Tape and Broadcast all meetings which, per K & G, should include Tribute, Human Rights Task Force, Festival, and Foundation Option 2 Adopt new resolution establishing whatever changes councils wishes to do. Item 4. Public Comment at Workshop: K & G has advised and staff has conveyed that the Charter includes language providing public comment be allowed at all meetings. K & G has also advised council has wide discretion on managing/establishing guidelines. These include limiting the time members can speak, total time for public comment, where it occurs on the agenda, prohibitions such as profanity, clapping, allegations, conducting on -or off camera, etc. The council has wide discretion. Policy issue of balancing limited time for informal discussion (only occurs at workshop) with charter and citizen interests. Action requested - Establish parameters for Public Comment at workshop. Item S. Public Comment at Council As council is aware, public comment has been robust at recent council meetings. It is possible that will continue to some degree given the Organized Solid Waste and Community Center discussions. If council wishes to discuss changes to the present practice options include those detailed above as well as any additional council may have. Council may want to consider moving to end of the meeting to accommodate business items that have followed process and are awaiting their time for formal action. Staff suggests council also discuss and have consensus on when Mayor/Mayor Elect should recess (or adjourn) meeting if circumstances warrant. Action requested - Establish parameter for Public Comment at Workshop Item 6: Traffic, Speed, Enforcement Included in the packet are all the items council received for their January 2022 workshop which resulted in the "experiment" to install two addition signs on Groveland which was completed later that year; one at Groveland Circle, and one at Sherwood. There is an existing sign at Ardan. Staff (PD) collected a limited amount of data on Groveland, Spring Lake Road, Long Lake Road, and Red Oak prior to the installations. Staff (PD) has been collecting data for same the past two months along with data from H2 as we receive complaints from residents along that corridor. NOTE - This is not engineering quality level data, that would entail spending thousands of dollars to obtain. However, since it is the same equipment, an argument can be made that it is comparable data. Significant variables exist including construction of SLP road. Less significant is Groveland Village as no data is available on occupancy of units and thus the potential volume impact. Since the installation, staff has received requests from residents to remove the stop signs, they are annoyed and do not feel they work. Staff has also received three requests for additional signs, Groveland south of MV Boulevard, Spring Lake Road north of the Boulevard, and one on H2. Council received a request for similar signs on County I and SLP Road, which were installed. Since the experiment began, the Legislature has passed language that was signed into law allowing every city/political subdivision to establish their own limits. Minneapolis and all adjacent communities to the north (staff did not survey in other directions) have lowered their limits to 25 MPH. Ramsey County has notified staff they will be lowering the limit on all their roads that have a marked bicycle trail. Thus, portions of Long Lake Road will go to 25. Staff has also advised and will update council that the City has not experienced a serious injury or fatality on any city streets. Those have been confined to County and State Roads. Included in the packet is a spreadsheet detailing 6 full years and current year to date data, of all calls for service, DWI arrests, and traffic citations. Policy issues for council to consider and contemplate include; PD staffing, calls for service, actual versus perceived threat, violation of MSA standards, and cost of signage (speed limit and stop signs). We are currently down three officers, calls for service measure between 10,000 and 11,000. However, decline is a direct function of being down officers as traffic stops result in a call for service. Less officers, less interactions, fewer calls. Actual versus perceived relates to no fatalities or serious injuries versus comments "someone is going to die", violation of MSA is specific to traffic control signs that do not meet MNDOT engineering standards which none of the additional signs meet. If advised by MNDOT to remove, council has choice of removing or foregoing (and paying back) the MSA funds. Cost of sign relates to speed limit, and or traffic control. The flashing stop signs, utilized to ensure motorist who would not normally be expecting a stop sign, are alerted to the new stop sign requirements. Data: Data collected to date ranges from August 2020 to present. Data was collected on Long Lake Road, Red Oak, Spring Lake Road, H2, and Groveland. Data includes 12 one -week observations for Groveland from 2020 to present, 4 observations from Long Lake - all in 2022, 5 observations for Red Oak from 2021 to present, one observation in 2021 for SLP road, and two observations in 2023 for H2. More data was attempted but equipment and staffing issues impacted. Summary results H2 receives the greatest volume followed by Long Lake, then Red Oak, then Groveland with SLP road last. The highest average speed occurs on SLP road, with Long Lake second, Groveland Third, H2 and Red Oak last. Of particular interest is the speed and volume on Groveland for 2023 versus 2022 showing about a 10% drop from the 85' percentile moving from 35-37 to 32-33. This could be attributed to stop signs, but also could be due to higher volume, which tends to slow traffic. Volume stayed static as compared to previous years for one week but experienced almost a 15% increase for the other week. Due to SLP road being under construction, it is difficult to determine if traffic was pushed from one street to the next or if Groveland was used more due to the construction on SLP. Impact Studies: Staff spent a measure of time researching data delineating the difference of consequence to the human body if impacted by a car going X speed. Logically, the higher the speed, the greater the chance of bodily harm. Like all things googled, volumes of data — 60,400,000 hits. In short, there is a clear relationship between speed and injury/death. Lowering speed limits by 5 mph (from 30 to 25), theoretically would reduced the average speed from present to 5mph less. That difference would reduce the chance of serious injury somewhere between 10% to 25%; depending on which study. Next Step: Council needs to digest the data and information received to date, determine if more data collection is needed/warranted, make some determination regarding stop sign experiment, and discuss changing speed limit city wide. There is no immediate decision or action needed, rather an introduction of the issue. Don will have signage costs estimates at the meeting Item 7 — Citizen Requests Staff received a request to paint signage on the bike lane, increase flagging on hydrant, paint curb yellow in no parking zone, and use Park/Rec data on field usage to trigger parking enforcement by PD. Council is aware of the parking challenges related to the splash pad and was presented with an Ardan Park proposal at the last council meeting. Staff looking for direction on process for issues when that issue surpasses any current policy or direction from council. Item 8 — Dog Kennel Ordinance Something very simple! Consensus from council to draft amendment clarifying 3 pet dogs, where no breeding, training, or lodging occurs does not require a "kennel" license Item 9 — Liquor License Fees In other research, staff discovered most cities annual increase their liquor license fees. We have not increased for past 5 years. Staff advising council we will be researching the issue and proposing reasonable (comparable) changes in the upcoming fee schedule. Advisory only unless strong council support to leave at present levels. Item 10 —Cannabis An evolving issue with two policy impacts, zoning and labor related issues. Other than zoning, cities have no regulatory control — all that occurs at the state level. Practically, our ordinances address the issue but staff will be bringing update forward as this program rolls out. The other issue is labor impacts with similar challenges; what is the impact on labor (impairment) which is complicated impairment threshold and testing challenges. THIS PAGE LEFT BLANK INTENTIONALLY 3 v M N O N 4 O M on Q N N O N N Ccl On n.. 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N N J to •L L x m H a� 0 > U) CO 0 4- 0 CU N O N 17w 0- 0) Q M 0 0- CL 4a CL E 0 U c E L N J to •L L U) C0 G 0 U N O N Z p U -0 � Q 0 O 0 m Q i 0 s 0 x CD N s s G O cn C O O L- a v o z Q LO N O N T- N MW A-, � LIM W Q. ^O W n A U) O 2 4- 0 CU N O N J 0 L O N S V o N M J N N J c � � � cC � J O v cn C� G CL E U c E i N N J •L L V / 0 0 73 0 U CM N O N CN co L AlJ O O co r to o ca o Q E U o c ca M E J O Z U) •L L. V r 5 G �J U N O N am d Z _ V � O o � 0ca V 'v c m ca C 3 Z o (1) Cl) c t 0 z J r 0 O Nt 4-0 M 0 N O 0 � Q U) o Q N — T O Z V / 50 0 CU N O N CL 0 U c m E J •L L 0 c 0 �1 M N O N 3 z •a' z � U � � o N a Q m � cn UL z 8 0 � U U U CDN O N 0 U o c c� L L THIS PAGE LEFT BLANK INTENTIONALLY I wanted to bring to your attention a couple things that have come to my attention, and which I have commented on in the MV Resident FB page. But obviously I can't assume you see all that is mentioned there, so wanted to bring it to your attention. Somewhere along the way, it seems that residents have not been permitted to speak or comment at Council work sessions. I know they are not council meetings, and the reason was probably to move the meetings along more quickly. However, our city charter speaks to this issue and is very clear. Under Our city Charter, Chapter 3 section 3.01, Council Procedure, it states "During any of its public meetings, the Council shall not prohibit, but may place reasonable restrictions upon citizen's comments and questions." Work sessions are public meetings, which means that the council cannot prohibit citizen's comments and questions. I was not able to make it to the work session this week, but I understand comments were not allowed. This is a violation of our city charter. In addition, it concerns me, and other residents that work session records of what actually happens, are no longer being kept. As a community that has always prided itself in being transparent, this is not transparent. The sessions are not recorded and no notes from the meeting activity are being kept (per an email from Nyle). I checked on other city websites, and every city I checked (all in Ramsey county) do post minutes from their council work sessions. So I checked with the state data practices office and was told on two different occasions that there is a statute (MN Statute 15.17 Sub. 1) that requires records be kept. I did ask Nyle about this also, and his response was that the agenda and packet are all that is being kept for this requirement. However, that is not a record of what ACTUALLY occurred at the meeting, simply the plan for the meeting. The statute states the full and accurate records be kept. See below for exact wording in the statute: 15.17 OFFICIAL RECORDS. §Subdivision 1.Must be kept. All officers and agencies of the state, counties, cities, towns, school districts, municipal subdivisions or corporations, or other public authorities or political entities within the state, hereinafter "public officer," shall make and preserve all records necessary to a full and accurate knowledge of their official activities. I would like to request that these 2 issues be placed on the council agenda soon. I know I am not the only one who would like to see both of these practices changed back to how they were in the past. In my opinion, it doesn't look like the council has a choice in this, they are both required at this time. I don't believe the changes were done for any nefarious reason, probably just to save money. However, having an informed and engaged public is a good thing in government and certainly our city. I look forward to a response when you are able. Thank you for serving our lovely little city. Best wishes, Valerie Amundsen God bless your Day! ,ARkEN HILLS Approved: April 24, 2023 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MARCH 20, 2023 5:00 P.M..- ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council Work Session at 5:00 p.m. Present: Mayor David Grant, Councilmembers Brenda Holden, Emily Rousseau, Tena Monson and Tom Fabel Absent: None Also present: City Administrator Dave Perrault, Public Works Director/City Engineer David Swearingen, Assistant Public Works Director Lucas Miller, Deputy Clerk Jolene Trauba, Northeast Youth and Family Services (NYFS) President/CEO Angela Lewis- Dmello and Ethical Leaders in Action (ELA) President Chad Weinstein 1. PUBLIC INQUIRIES/INFORMATIONAL Gregg Larson, 3377 North Snelling Avenue, complimented the Council on broadcasting the work sessions and the addition of public comment. He also gave compliments to the new Council on proposed revisions to public inquiry language. He felt consideration of the revisions was long overdue and underlined that adoption of new language is a Council, not Mayoral, action and that striking the gag provision that prohibited public comment on litigation acknowledged there was never any legal justification. He felt the restraint on public speech for the last four years was an effort to deter criticism of the Council. Mr. Larson felt the Council norms of behavior were missing an item, and asked to add "Use of profanity, expletives or vulgar language at public meetings is offensive and unbecoming of an elected official." Mr. Larson felt a community survey could be an imprecise measure of community attitudes, that non -respondent bias affects the outcome and the results do not represent the overall population but only the views of a resident subset. Survey preparation requires great care to design the sampling procedure that addresses self-selection bias of respondents and develop questions that are neutral, not leading. He thought today's bench handout didn't appear to address those issues for the validity of the results. He thought the Council should give careful consideration as to how it proceeds on the issue. ARDEN HILLS CITY COUNCIL WORK SESSION —MARCH 20, 2023 2 2. RESPONSE TO PUBLIC INQUIRIES \nne 3. PRESENTATION ITEMS A. NYFS Overview Northeast Youth and Family Services (NYFS) President(CEO Angela Lewis-Dmello gave a presentation regarding NYFS, including a history of the organization, locations, the NYFS mission, client statistics, the state of youth mental health in Minnesota, mental health and community service programs offered by NYFS, and potential plans for the future. Councilmember Holden asked if they only serve people in certain communities and how they were different from the other non -profits in the area. Ms. Lewis-Dmello said they will serve anyone that comes to them but the majority of their clients come from the municipalities around them. She stated they are the only non-profit mental health agency in the 15 municipalities that they contract with. NYFS' fee schedule slides down to $5.00 per session in order to reduce barriers to access. Mayor Grant said the New Brighton city administrator implied at the last mayors and manager's meeting that there were all kinds of organizations similar to NYFS in the area. Ms. Lewis-Dmello said there is another organization that provides diversion services in St. Anthony, and a number of organizations in downtown St. Paul and downtown Minneapolis, but the nearest non-profit mental health agency is in Fridley, and there are a couple of for -profit organizations. Councilmember Fabel asked about medical insurance reimbursement. Ms. Lewis-Dmello stated they do receive third party billing through insurance for the psychotherapists and a child mental health psychiatrist, but it is hard to get reimbursed for the full cost, plus fringe and overhead. Individuals with a high deductible can choose to use the sliding fee scale. Insurance contracts alone don't cover the costs of providing services so agencies subsidize their services through grants and additional funding. She noted the accelerated difficulty in the workforce with suppressed salaries in the industry. Councilmember Holden asked if the building was paid for and if there was anything on the third floor. Ms. Lewis-Dmello said there is one vacancy on the third floor. Councilmember Monson asked how they market themselves. Ms. Lewis-Dmello replied that rebranded and reworked their mission and vision statements, but they haven't done a lot of marketing of their services. They are working on being connected in the ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 3 mental health industry and the communities that they serve. They have started doing some advertising in local newspapers and on social media. Councilmember Monson asked how they are helping with building resiliency and coping skills. Ms. Lewis-Dmelto said that is integrated into all of their programs. In the day program it is scheduled into the curriculum, and in the therapy services they have a big impact in the school districts they work with. They have long term relationships in three school districts and are working on adding a fourth. Councilmember Rousseau asked if they knew the percentage of clients that were referred from the schools or through the criminal justice system. Ms. Lewis-Dmello said they haven't had good tracking but they are revamping their demographic forms so they will have good data in about a year. Councilmember Fabel wondered if the diversion program takes kids that have actually been charged with crimes. Ms. Lewis-Dmello replied that they typically prefer to work with youth that are much earlier in the system, and they don't take anyone with an active, open case. They average between 95-98% non -recidivism. They work with the youth and their families. Mayor Grant asked if they have someone come to them and the parents have insurance, is the clinical psychologist not covered? Ms. Lewis-Dmello said it is, by way of the contracts with the insurance companies and they will take insurance if someone wants to pay with insurance. The reimbursement they receive per session for each client and the total number of sessions seen by a therapist in a week multiplied by the year won't cover the total cost of that therapist's salary and benefits. There is a gap that needs to be filled with contracts, grants and individual donors. They currently have a $650,000 cash shortfall and are using their reserve and working on their business model and renegotiating insurance contracts. They hope to be in much better shape by the end of their fiscal year. Mayor Grant thanked Ms. Lewis-Dmello for her presentation. B. Council Retreat Discussion Mayor Grant stated it was his goal to look at some of the more strategic things that the Council wanted to accomplish such as long-term goal setting. City Administrator Perrault said they had considered using Mr. Weinstein's firm in 2019 but the retreat didn't move forward. He was there to talk about the process and take feedback from the Council. Timing and location would also need to be discussed. Ethical Leaders in Action (ELA) President Chad Weinstein introduced himself and gave a brief history of his background. He stated that he is an ethicist with a broad approach to help leaders be their best. Their approach is to begin with the end in mind; to create conversations ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 4 among elected officials and between elected officials and senior staff that lead to mutual understanding. Councllmember Holden asked if the retreat could be one day instead of 1.5 days. Mr. Weinstein said they could be flexible but that he had proposed 1.5 days in anticipation of the retreat being fairly intense. Mr. Weinstein continued to describe the process of the retreat, and explain the pre and post tasks and scope, including interviewing the Council and attending a staff meeting. Councilmember Rousseau stated the community wants the Council to work together, and she was OK with 1.5 days. Councilmember Holden was in favor of the retreat but didn't want to discuss her personal life at the interviews, but only focus on the city. Mr. Weinstein said they would only be discussing values with respect to leading the city. They would have no icebreakers and no "kumbaya". He noted some of the other cities and organizations that he has worked with. Councilmember Monson supported a 1.5 day retreat and adjusting as needed, and had no preference as to where it would be held. Mayor Grant felt it shouldn't be at City Hall, but the Springhill Suites would be fine, or at the County. He thought they could potentially be done in one day. Councilmember Fabel expressed concerns about having breakout sessions and still being compliant with the open meeting laws. Mr. Weinstein stated that he'd never encountered an issue with that but he would be happy to check with the city attorney. Discussion ensued regarding the number of days and dates. It was tentatively decided a Saturday in May would work and staff would send a survey to confine. C. Proposed Trails Discussion — Old Snelling Ave/Old Hwy 10 Trail (Lake Valentine Rd to Hwy 96) and Lake Johanna Blvd Trail (Cry Rd D to Old Snelling Ave) Public Works Director/City Engineer Swearingen stated there were two proposed trails that have had studies done and are ready to pursue grant and funding opportunities. The Old Snelling Ave/Old Highway 10 trail connects along Old Highway 10 from Lake Valentine Road to County Road 96. HR Green Updated a feasibility study in 2021. The Lake Johanna Boulevard trail runs between Old Snelling and County Rd D. Ramsey County is leading the concept design on that trail. The County is asking if the City would like to partner with them to pursue grant funding. The Metropolitan Council Regional Solicitation grant would be the most probable for both trails. Councilmember Holden asked if the Old Snelling trail was shovel ready ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 5 Public Works Director/City Engineer Swearingen said it was not, the next step would be funding, which would lead into design, 95% plans would be considered shovel ready. The design estimate would usually be 12-15% of overall construction costs. Public Works Director/City Engineer Swearingen said Ramsey County's next step for the Lake Johanna Boulevard trail would be to get a letter of concurrence from the City saying we would support them going after the Regional Solicitation funding, which would be submitted this fall. If they get awarded funding we would decide if the City wanted to go forward with design, with anticipated construction in 2028. Ramsey County would lead the funding effort for the Lake Johanna Boulevard trail, and the City would lead for the Old Snelling trail, with possible support from Ramsey County. Councilmember Rousseau asked if both proposals could go in at the same time with the possibility that they would both get grants. Public Works Director/City Engineer Swearingen said they could apply for both but he didn't know if that would be looked at as a positive or negative. Councilmember Holden felt State bonding would usually not give multiple grants. She suggested going with Old Highway 10 first, and they should also go to the legislature for bonding. Public Works Director/City Engineer Swearingen said at the State bonding level it is more appetizing to be shovel ready, but the feasibility studies provide enough information to go toward the Regional Solicitation grants. Councilmember Monson said people want trails and she thought they should strategically plan and have a financial approach. She wondered if they could find funding for both trails. Mayor Grant asked if HR Green thought they could get 100% funding. Public Works Director/City Engineer Swearingen said they thought it was a possibility with the State bonding. Councilmember Holden discussed other things that people want and can't look at bonding of trails all by itself because there are other items like new water meters, the fire department building, sewer lining etc. so putting that in a bundle without looking at the whole picture is premature. Councilmember Fabel asked if either trail would be about a $2 million contribution from the City. Public Works Director/City Engineer Swearingen said the Lake Johanna Boulevard trail would be, but the Old Highway 10 trail could be 80% covered with 20% paid for by the City for approximately $500,000. Councilmember Fabel wondered which route was currently safer, and if Highway 10 had a good shoulder. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 6 Public Works Director/City Engineer Swearingen said there is about a six to eight foot shoulder with a fog line. The shoulder is crumbling, but it will be freshly paved after this year. Public Works Director/City Engineer Swearingen stated that if no funding was received on the Lake Johanna Boulevard trail, Ramsey County wouldn't go forward with the project. Councilmember Monson felt the amount for Old Highway 10 is low. She wondered if the County didn't get as much funding as they expect if the City still be committed to the remaining amount? Public Works Director/City Engineer Swearingen said they could set an "up to" amount and be can discuss with Ramsey County. He noted that the Lake Johanna Trail is still in the concept design phase, and the numbers are more sound on the HR Green report for Old Snelling. Councilmember Fabel would like feedback from the PTRC to see what they feel is a higher priority. Councilmember Holden noted that a lot of students take Old Highway 10 to the high school, it also connects to regional trails. It has a higher speed limit and kids are driving and riding their bikes there, while Lake Johanna Boulevard has a lower speed limit. Councilmember Rousseau said the high school and college cross country teams run on Lake Johanna Boulevard so she is leaning toward that trail. Councilmember Holden said theyjog on Old Highway 10 as well. Councilmember Monson thought they should pursue both trails with the Met Council and continue getting Old Highway 10 shovel ready. Mayor Grant asked if they want to get Old Highway 10 shovel ready, and they have until July 31 to make the decision about Lake Johanna. Councilmember Rousseau asked if there was a typical time that they would get an update from the Finance Director about the budget. City Administrator Perrault said they will get a quarterly budget year to date report, and they will start talking about the CIP in May or June with current year to date projections. Councilmember Holden suggested they also apply for Safe Routes to School grant. Councilmember Monson said she would support the Lake Johanna trail pending clarification from the County about how much money we are actually committing to, and would support getting final design on Old Snelling and trying for all funding options. Councilmember Holden wondered if the County is planning to submit a proposal for State bonding for the Lake Johanna trail. She also wondered if the PTRC was equally balanced as far as where they live in the city because they see different things depending on where they live. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 7 Public Works Director/City Engineer Swearingen stated that if they desire to go forward for the design for Old Highway 10 he would need to know if Council would like to go to RFP for the consultant or have staff direct select. It would add six to eight weeks to the timeline if they went out for RFP. After discussion, Council agree to let staff direct select a consultant for the Old Highway 10 trail. Mayor Grant directed staff to direct select and have the item on the second meeting in April, and to get clarification from Ramsey County on funding. D. Assisted Hearing Technology City Administrator Perrault stated that staff had worked with NineNorth and Electronic Design to review the Chambers and found there is a hum in the room that they cannot identify. NineNorth feels the hum would likely interfere with a T-Coil system and they are no longer recommending that system, but proposing to go with a Wi-Fi system. There would be Wi-Fi equipment in the Council Chambers and users would need to have an app on their phone that would connect to their hearing aid. Or if someone had a T-Coil hearing aid they could wear the neck loop and pick up the audio. The hip packs are also still available for use. The Wi-Fi system is just under $9,000 for the system, versus $25,000 for the T-Coil system. Councilmember Fabel thought it would make sense to have a few people try the options out before they decide. City Administrator Perrault there is concem with the app having to be downloaded onto phones, and someone having to figure out how to install it and connect it to their hearing aids. The technology probably won't be widely available for about 10 years, and the people coming in to use assisted hearing technology will probably not have the app already on their phones. He felt the return on investment for Wi-Fi would be relatively low considering we already have the hip packs. Better signage could be made to make it more obvious that the hip packs are available. However, they are confident the hum would not be picked up on the Wi-Fi system. Councilmember Fabel said he could test what we currently have to see how well it works. He had a terrible hum when he put his hearing aid into T-Coil operation. Councilmember Rousseau felt it didn't seem like a good solution and they shouldn't move forward unless someone tried it out first. She thought we should keep the hip packs and make people more aware that they were available. Mayor Grant thought they should go forward and try to test it somewhere else. He felt they should have a solution beyond the hip pack. Councilmember Holden suggested larger signage for the hip packs until they figure out if anything else will work. Mayor Grant said they could have Councilmember Fabel turn on his T-Coil and they could mm off things in the Chambers until the hum stops. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 8 Councilmember Fabel said no option so far makes enough sense to spend the money on a different system. E. Climate Action Roadmap City Administrator Perrault said Council had requested that staff research what other cities were doing for Climate Change Action Plans or roadmaps. He reviewed what nearby cities were currently doing. He suggested an option could be to look at sustainable building policies as it is less intensive than a Climate Action Plan and could be done in-house. An element that was recently talked about at the Mayor/Administrator meeting was the idea of going to a single garbage hauler. Councilmember Rousseau stated that the PTRC was looking into the City's history with the Green Steps program. Councilmember Holden felt we would be higher than Step 2 now however former staff submitted many items at once. Councilmember Rousseau said the Green Steps program and a Climate Action Plan should be coordinated to be efficient. Councilmember Monson asked if we had thought about getting an intem from Green Corps. City Administrator Perrault responded that we did have someone from Green Corps once. Councilmember Monson liked the idea of a sustainable building policies guide as it was the sort of thing they would want to put on the master development agreement with TCAAP. She felt you couldn't control sustainability via zoning, so the real leverage would be to add it to the development agreement. Councilmember Holden said she would like to put this on hold until after the League of Minnesota Cities conference as they can have the opportunity to talk to people from other cities about what they are doing. Councilmember Monson said she had no problem with that. The reason she was asking for a roadmap is to decide where they'd like to focus. City Administrator Perrault thought the deadline for applying for a Green Corps intern may have passed. He said they were typically someone right out of school and a Climate Action Plan may be out of their skillset. As related to TCAAP, there are LEED requirements that could be put into place and the ]DA could discuss those. Councilmember Holden thought they could do more by doing TCAAP separate from the rest of the city and put higher expectations on those homes. She felt if they found a good intem they could find the money to pay for it. Councilmember Monson suggested having someone to do research for the summer might be a good idea. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 9 Mayor Grant thought with the LMC meeting coming up and the Council goal setting in May it would line up fairly well time -wise. Councilmember Holden didn't really see the importance of Green Steps as it was just something the League of Minnesota Cities put together and most people haven't heard of it. F. Arden Hills Survey Discussion City Administrator Perrault stated that at the last Council meeting staff was directed to bring back a discussion about a possible survey of residents about a TCAAP or a city-wide survey. Staff recommends working with a professional company such as Morris Leatherman or Polco. He asked if the Council wanted staff to continue to research the idea, focus on TCAAP or city-wide, engage with a consultant or set a timeline. Councilmember Rousseau had provided a bench handout for their review. Councilmember Rousseau said a resident had spoken with her about making some data driven solutions around what the city valued and what residents were interested in. She thought it was something that could be done every couple of years and the Communications Coordinator could collect the data. They could have a small task force determine the questions. Councilmember Holden felt there should be a survey about TCAAP and another that was city- wide. She recommended using a professional service, and set the budget to conduct a survey every three to five years. Councilmember Rousseau thought it was challenging to have a survey show overall value for the community versus one person's opinion. Mayor Grant agreed with having 2 surveys, one for TCAAP and a separate one for the city. The first survey could be their baseline, then a few years later they could look back at the survey to see if they've moved in the right direction. He felt the TCAAP survey would need a lot of explanation and models, but open houses can become self -selective and not statistically representative of the whole community. Councilmember Fabel thought surveys weren't worthwhile, they cost a lot of money and you don't get reliable information. He said people his age don't pay attention to surveys. He felt the best survey was the election. He anticipated having a series of public meetings regarding TCAAP and the same people that would likely respond to a survey would be the same people that would likely attend the meetings. Councilmember Holden said there were other questions that could be asked in a survey that you don't get answers to from an election. Councilmember Monson asked when was the last time the City did a survey and what was the scope of that survey. Mayor Grant said it was 2016 ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 10 City Administrator Perrault didn't recall them doing a city-wide survey at that time, but he could check on it. Councilmember Monson said she was concerned about the money and time it would take to do a survey. She thought asking people to complete two surveys was a hurdle. Councilmember Rousseau said most of the work on the handout was done by resident Andrew Albano and she hoped the survey could be done internally by the Communications Coordinator next year. City Administrator Perrault said if they were going to do it internally he would like to give staff a long runway to organize it, so next year would be appropriate. Mayor Grant felt a survey had value for such things as parks and rec, snowplowing, other city services, etc. If you use the same survey over a period of time you can see trends. He asked if they would like to talk more about it at the Council retreat in May. Councilmember Rousseau said she would. 4. INFORMATION ITEMS AGENDA ITEMS A. Landscaping Maintenance— West of TH-10 Mayor Grant said Ramsey County would be replacing some dead plantings on Highway 10 west of Highway 96. They we supposed to maintain that section but haven't done a good job. Could they agree that the County install the new plantings and the City maintain them. Council was in agreement. B. 2023 Public Works Maintenance Plan Councilmember Fabel wondered why there wasn't anything about pickleball in the plan Public Works Director/City Engineer Swearingen explained that they have been actively switching courts over to add pickleball courts but the maintenance was crack sealing, repainting and restriping. Last year pickleball courts were added to Hazelnut and Freeway Parks, and they will be added to Floral and Arden Manor Parks this year. The revised matrix that is in the Parks and Rec guide shows pickleball at the respective parks. Councilmember Monson said there was an article in the Pioneer Press about climate change affecting how much snow we may be getting in the future and that cities may have to add more sand and salt to their budgets. Councilmember Holden asked if they could get a list of which parks/trails the PTRC has adopted and what they should look for so they report it to the city on a regular basis. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 11 Public Works Director/City Engineer Swearingen said PTRC members have been asked to use the online request tracker (Report a Concern) to report issues. They have developed their own checklist to use when they go through the parks/trails. Councilmember Holden asked if staff had contacted MnDOT to see why they stopped cutting buckthorn on Highway 51 at the Arden Hills line. Public Works Director/City Engineer Swearingen said he had played phone tag with someone last year but he can re-engage the conversation. Councilmember Holden suggested they send a formal letter. Mayor Grant noted that the City will repair mailboxes if they me physically hit with a plow, not just an ice chunk hitting a mailbox. Councilmember Holden said she would like to have a professional do the crack sealing on the courts instead of staff. C. Tree Management Plan Discussion After discussion the Council agreed to the following: • Contract with Rainbow Tree Care to provide EAB treatment to City ash trees by injection and a discount to residents to treat existing ash trees on private property. • Contract with Rainbow Tree Cue to provide EAB treatment to City ash trees by ground treatment. • Contract with Rainbow Tree Care to provide two -lined chestnut -borer treatment to City oak trees. • Add extra trees to the scope for Margolis Company, utilizing the remaining budget in the tree fund. Further discussion ensued regarding buddy trees being installed once there is additional money in the landscaping fund. D. Public Inquiry Language Update Council agreed to new language as shown in the memo: This is an opportunity for citizens to respectfully bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or less. Written documents may be distributed to the Council prior to the start of the meeting to allow a more timely presentation. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. Councilmember Holden noted litigation was not included because we are not presently in litigation. The litigation language was added on the advice of the League of Minnesota Cities, our attorneys and insurer. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 12 E. Council Norms of Behavior Discussion Mayor Grant noted the norms of behavior from 2016 tended to be more staff oriented than Council oriented. Councilmember Rousseau thought they should consider acknowledging accomplishments of staff, committees and businesses. Councilmember Holden explained there had been issues between businesses when some were acknowledged and others not. Mayor Grant said the League of Minnesota Cities offers a service on collaboration where they would bring in a facilitator who's focus is to get councils to understand procedures and work together effectively. There would be no cost to have them come work with the Council. After a short discussion staff was directed to contact the League regarding Collaboration Services, potentially before the Council retreat. F. Removal of Deed Restrictions Mayor Grant stated we are a torrents state but some home deeds in Arden Hills have been found to have offensive language and racial covenants. Because there are a limited number of Arden Hills' neighborhoods that have them, he suggested sending a letter to those property owners affected to let them know and that changing it is optional. City Administrator Perrault said some cities that have opted in with Just Deeds have passed a resolution, but he could work with them to facilitate how they could help the residents. Mayor Grant noted the areas that were affected and didn't know if they wanted to alert the whole city as having been identified when there were so few. Councilmember Rousseau suggested putting it in the newsletter and following up with a letter. Councilmember Fabel agreed and thought they should pass a resolution. Councilmember Holden thought they should contact the people affected directly with a letter as we know the addresses. Mayor Grant suggested putting it on social media but not in the newsletter. Councilmember Fabel noted that since the fair housing act was passed this wording is of little legal consequence but some people will want to change it, and again suggested putting it in the newsletter. Mayor Grant said only about 5% of Arden Hills properties have been identified as having the language, and he would rather not alarm the rest of the city to think they need to look into it. Councilmember Fabel felt it was good for people to know about this as it relates to black history. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 13 Mayor Grant noted there could also be wording against Irish, Chinese, religious based etc, not just black people. Councilmember Rousseau thought they should make note in the newsletter that we've identified the issue in the community and we would be sending a letter to those impacted and how to address it. Councilmember Monson thought they could message it as an educational item and supported having it in the newsletter. It was decided there was no rush to publish the information and the new Communications Coordinator could write the article, followed up with a letter to residents. G. Arden Hills Resident Discount at Shoreview Community Center Councilmember Holden wondered how to approach Shoreview and what we have to barter with. Mayor Grant felt they question was are they using their facility to its capacity, and if they're not would they give Arden Hills residents a bit of a discount. Councilmember Holden said many residents have said they would to there more often if there was a discount. Mayor Grant directed staff to ask Shoreview about discounting fees at the Community Center for Arden Hills residents. H. AUAR Update Mayor Grant said the update was due in 2024, the last update was in 2019 and not all of the sections were updated at that time. Cost for those updates was $10,000 and it took three to five months to complete. If they update earlier it starts a new trigger for five years. He noted that if they update the AUAR now and something goes forward with TCAAP, the AUAR would be out of phase and questioned if they'd have to redo it again. Councilmember Holden thought it should be fully updated so parts that weren't updated last time were updated now. Councilmember Fabel said the reason they are making the request is so it enables them to do it cooperatively with the TCAAP process going forward. The AUAR presently says TCAAP can accommodate between 1,500 and 2,500 housing units. The Comprehensive Plan has a different number and the TCAAP code has a different number. So, if they looked at the issues in the AUAR it would give them more flexibility in the TCAAP planning. Councilmember Holden asked who was the "we" in this, when he talks about we she doesn't know who he's talking about. Councilmember Fabel stated it was the JDA Advisory Committee who thought it would be a good idea to have the AUAR done this year so they can make recommendations to the JDA ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 14 without having to say the AUAR didn't address certain things such as Highway 96 when it gets down to Lexington Avenue. Mayor Grant clarified that the first scenario relates to the City zoning and says 1,500 housing units or less. The second says what happens if you go to 1,501. When Council put in 2,500 it was never anticipated that was a number they would get to. City Administrator Perrault stated that Master Plan and planning guidelines came to about $500,000, and the AUAR portion cost $97,000. Councilmember Fabel felt there were some components of the AUAR that needed to be looked at and clarified to facilitate the planning process for TCAAP. Mayor Grant said the AUAR only looks at intersections going into or out of TCAAP. Councilmember Holden said it wouldn't include Highway 96, that would be a whole different scope outside the AUAR system. Mayor Grant explained that traffic implications on a road like Hamlin Avenue wouldn't have been studied as part of the AUAR because the AUAR only looks at intersections going into and out of TCAAP. If they wanted to look at those impacts, that would be a whole new scope beyond the AUAR. Councilmember Fabel felt a study would have to be done to look at the traffic impact City Administrator Perrault suggested that they ask for an option to look outside of TCAAP and if it can be addressed at the same time as the AUAR process. Councilmember Monson said she would love to have a traffic study done on Highway 96 but her question would be about funding — could the County pay for that because it's their road? City Administrator Perrault stated the Community Development Director for Ramsey County has already said they could ask the Public Works Department to look at traffic scenarios along Highway 96 and with Lexington Avenue. Councilmember Monson said she supported moving the AUAR updates up to 2023. She would like to include a Highway 96 traffic study to go through the County in coordination with the AUAR. Councilmember Holden said it took four months to update the AUAR last time, she thought it would take six to eight months to update the entire AUAR. Councilmember Fabel said the idea is that the AUAR be updated at the same time as TCAAP planning is going forward. Councilmember Holden asked if they were going to feed them information as to how to update the AUAR based on the information they give them? ARDEN HILLS CITY COUNCIL WORK SESSION —MARCH 20, 2023 15 Councilmember Fabel said the City Council and the County would be working side by side. He thought they should open up the AUAR update process now so that as planning goes forward on TCAAP the activities and communication would be coordinated. Councilmember Holden stated that she heard him say that they are going to go through the planning process then give them information from the planning process to update the AUAR based on that. So her question was are they going to update the AUAR or is the JDA planning to submit information to them with which to update the AUAR from? Councilmember Fabel said the processes would be going on at the same time and many of the same people would be involved in both, City staff would be involved in both, the City's representatives on the JDA and it would be ultimately approved by the City Council. They would be working side by side and beginning now so they could work on it as the JDA plan moves forward. Councilmember Holden again asked if it's an update or new information being provided for the AUAR. Mayor Grant said Council needs to understand the City and the County don't do the AUAR, it is done by a third party. Councilmember Fabel said the third party would be talking to staff. Mayor Grant felt Councilmember Holden was asking when they would start the process. Councilmember Holden stated they can't start the AUAR and halfway through have the JDA say they want to add or change this or that. They're either updating the AUAR or they're not. The people updating the AUAR aren't going to wait around for the JDA to decide what changes they're going to make. Mayor Grant stated you need input to do an AUAR and there is a third party involved. Councilmember Fabel wanted to give staff the go ahead to get started. City Administrator Perrault stated there are two scenarios, the 1,500 is based on current city zoning code, the 2,500 is based on the maximum developable scenario. He would postulate that as the JDA moves forward they could work in tandem with Kimley Hom on the updates but if the updates aren't exceeding the 2,500 scenario the inputs aren't really changing and would still fall within the existing AUAR. Mayor Grant didn't know what they would gain by starting early. His bigger concern was what if the acreage from commercial and residential changes? Then you have an AUAR that doesn't match up with what you're doing. They may still be within the development scenarios but the environmental impact would be different. There are elements within the AUAR that change depending on how much residential and commercial there is. Councilmember Fabel thought that maybe the AUAR needs to be adjusted to create more flexibility. ARDEN HILLS CITY COUNCIL WORK SESSION — MARCH 20, 2023 16 Councilmember Monson wondered if Kimley Horn could give a proposal and explain the methods of updating an AUAR. Councilmember Holden asked why they would attend meetings when we just them the data. Mayor Grant felt it was a strange way of updating the AUAR, but directed staff to contact Kimley Hom to discuss and get their advice. I. Council Tracker Not discussed. 4. COUNCIL/STAFF COMMENTS Councilmember Holden said everyone should pick up their own water bottles and garbage when they leave the Council dais or table. She noted that while the work sessions were never broadcast before they were always available online. And the Rabata bookstore was adding on and would be having an opening event on April 4, she would forward the invitation when she received it. Councilmember Rousseau thanked staff. \gILI111NJ Mayor Grant adjourned the City Council Work Session at 8:48 p.m. I/ II II :� /. 1:City"erk Mayor MINUTES OF THE WORKSHOP MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA MARCH 22, 2023 Pursuant to due call and notice thereof a Workshop meeting of the City Council of Little Canada, Minnesota was convened on the 22" d day of March, 2023 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Mayor Tom Fischer called the meeting to order at 6:00 p.m. and the following members of the City Council were present at roll call: CITY COUNCIL: Mayor Fischer, Council Members T.Miller, Gutierrez, Kwapick and D.Miller. Absent: None. ALSO PRESENT: City Administrator Chris Heineman, Parks & Rec/Community Services Director Bryce Shearen, Community Development Director Corrin Wendell, Finance Director Sam Magureanu, Public Works Director Bill Dircks and City Clerk/HR Manager Heidi Heller. CITY COUNCIL ORIENTATION The City Administrator explained that there are now three new Council members this year. He noted that three Council members recently attended a two-day Council orientation training from the League of Minnesota Cities, and he wanted to expand on that training with information that is specific to Little Canada. The City Administrator and department heads reviewed what areas and duties each are responsible for: City Administrator, City Clerk, Human Resources, Community Development, Parks & Recreation, Community Services and Public Works. The City Administrator stated that the April 12 Workshop will be the second part of the orientation and staff will be taking the Council on a city tour. There being no further business, the meeting was adjourned at 7:27 p.m. Thomas Fischer, Mayor Attest: Christopher Heineman, City Administrator MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, January 23, 2023 City Hall, Council Chambers A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6.01 p.m. by Mayor Abrams. B. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present C. APPROVAL OF AGENDA Councilmember Cave moved to approve the agenda as submitted. Seconded by Councilmember Juenemann Ayes— All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Commissioner Interviews City Manager Coleman gave the staff report. Mayor Abrams assigned the interview questions to council. The following candidates were interviewed: Nancy Edwards - Environmental & Natural Resources Commission Kayiey Gamm - Environmental & Natural Resources Commission David Lates - Environmental & Natural Resources Commission Robert Waid - Environmental & Natural Resources Commission Patricia Timmons - Environmental & Natural Resources Commission No Action Required. F. ADJOURNMENT Mayor Abrams adjourned the meeting at 6:53 p.m. January 23, 2023 Council Manager Workshop Minutes 1 Andrea Sindt, City Clerk January 23, 2023 Council Manager Workshop Minutes North Oaks City Council Special Workshop Minutes North Oaks City Council Chambers August 11, 2022 1. CALL TO ORDER Mayor Ries called the special meeting to order on Thursday, August 11, 2022 at 6:00 p.m. The meeting is held being at the North Oaks Community Room at 100 Village Center Drive, Suite 150, North Oaks, MN, as well as via Zoom pursuant to Minn. Stat. § 13D.021 and the City Resolution. 2. ROLL CALL Present: Mayor Kara Ries. Councilmembers Rich Dujmovic, Jim Hara, Sara Shah, Tom Watson Staff Present: Administrator Kevin Kress A quorum was declared present. 3. APPROVAL OF AGENDA MOTION by Dujmovic, seconded by Watson, to approve the agenda as presented. Motion carried unanimously by roll call. 4. DISCUSSION ITEMS 4a. The State of Policing in North Oaks • Councilor Dujmovic spoke of the current arrangement of police contract with the Ramsey County Sherriff. • He reviewed data on the crime statistics for North Oaks in the past vs. the amount of funds spent on Policing. North Oaks is the only one of the 7 contract Cities in which we have a dedicated deputy. • Our current spend is just under 1 million dollars. Options are: stick with current model, alter slightly to request hourly or weekly presence within the community. Our community is relatively quiet and safer than others. • If we were to take on a dedicated police officer, there are long term costs, administration, vehicles, support, investigation, etc. • Mayor Ries thanked Councilor Dujmovic for his research. She feels the residents are more concerned with speeding, and ensuring privacy of community. Wants to be sure there are no duplicative costs, and coverage as needed. • Commissioner Hara noted that what we're paying for and what services receiving don't necessarily apply to North Oaks as much as other communities. Wonders if we're paying too much for what we need in North Oaks since crime is low. • Watson concerned that our needs are not the same as communities such as Little Canada, we are more similar to Shoreview though smaller. He wonders if the time spent on each call equates to the portion spent in contract funding. He liked the idea of when we had a community service officer regularly as it gave a personal touch to North Oaks and constant presence. It was relatively inexpensive at the time. Minutes of the City Council Workshop August 11, 2022 • Councilor Shah asked Dujmovic how the mentioned 6 people at $166,000 gets to 1 million spent. We are charged $154K, however the salary is $80,000 plus benefits. She feels the importance of the value of all the services they provide that are not used that often, but we need to know items such as helicopter and boat support when needed. • Dujmovic stated that he is completely in support of policing, however just making sure we are getting the 6 officer hours that we are paying for. He noted that if we did not have contract in place, Ramsey County is still obligated to still provide emergency service via 911. • Ries suggested is makes sense to ask some of the surrounding cities to see if even feasible to explore other options, or have support from another police force such as White Bear. She would love to expand on those personal services such as health/wellness checks, alarms, etc. giving residents personal touch. • The Contract with Ramsey County Expires December of 2024. • Watson feels we should work with our current provider to see if we can adjust services to tailor to our needs. It is a similar situation with Fire Department, based on our hours of need, confirm if we are paying adequately. • Dujmovic mentioned the City should have basic information such as whether we have a dedicated patrol person on duty at the time, or whether we need to call 911. • Deputy Alex Graham of the Sherriff's office spoke on the topic. He has worked in various departments such as St. Paul Police force, small towns, as well as in the medical field. He emphasized that every second counts when there are crimes in progress, officers struggling with suspects, reaching victims that need assistance and persons have a heart attack or medical crisis. For every call that occurs, there also could be hundreds of hours behind the scene prosecuting, interviewing and investigating and the technology and training of the officers to provide this support. There are a lot of fees that the City directly benefits from instantly that are built into contract that might be hard to quantify. The proximity for backup when needed will be a challenge for officers not in immediate proximity to North Oaks such as Anoka or White Bear. He also noted if there was an officer the CSO house call front, there are often calls that seem innocent, but involve armed individuals, therefore calling for backup is difficult. He appreciated the opportunity to speak to this issue and provide insight on the value Ramsey County Sherriff's brings to providing support for North Oaks. • Councilor Dujmovic will continue gathering information on all alternatives, to bring back for further discussion. • Councilor Shah thanked residents and councilors who participated in the National Night Out event. Fire relief board to increase the annual relief benefit. Encouraged council participation in upcoming events and getting residents on the eblast. • Mayor Ries noted in the Mayors meeting there was discussion of development issues, and traffic calming measures. She also thanked everyone for involvement in National Night Out. 5. ADJOURNMENT MOTION by Dujmovic, seconded by Hara, to adjourn the meeting at 6:57 p.m. Motion carried unanimously by roll call. Page 12 Minutes of the City Council Workshop August 11, 2022 Kevin Kress, City Administrator Kara Ries, Mayor Date approved Page 13 City of North Saint Paul February 7, 2023 Approved City Council Workshop Meeting Minutes I. CALL TO ORDER Mayor Monge called the meeting to order at 5:30 p.m. II. ROLL CALL Present: Council Member Cole Council Member Schweer Council Member Wong Council Member Nordby Mayor Monge Staff: City Manager Brian Frandle, Assistant to the City Manager Jennie Kloos, Communications Staff Kari Erpenbach, and City Attorney Soren Mattick III. ADOPT AGENDA On motion by Council Member Schweer, seconded by Council Member Nordby, with all present voting aye (5-0), motion carried to approve the agenda. IV. TOPICS A. City Council Training City Attorney Soren Mattick presented City Council with definitions, descriptions, regulations, and requirements of the open meeting law, data practice act, conflicts of interest, abstention, gift law, City Manager's role, and Rules of Order. Mr. Mattick stated emails between Council members give the appearance of decisions being made without public knowledge. He recommended Council members gather information, make a report, and send it that way. He also requested Council members use their City issued email and only use it for City business. He specified when a resident email is forwarded to anyone on City staff, it then becomes public. Council Member Nordby inquired about texting from your personal cell phone. Mr. Mattick stated it follows the same rules as emails. Mr. Mattick also discussed how to change meeting dates and discussing only meeting agenda items during a special meeting. He stated closed meetings could only be closed meetings for certain items, including labor negotiations, City Manager review, and pending litigations. He recommended routing anything in question through City Manager Brian Frandle or Deputy Assistant to the City Manager Jennie Kloos to prevent the possibility of violating the open meeting law. City of North Saint Paul Page 1 of 2 Approved Regular City Council Meeting Minutes February 7, 2023 Mr. Mattick stated when it comes to the Data Practices Act, it is to be presumed that all information is public data, except for personnel data. Mr. Mattick provided clarity regarding conflicts of interest and the gift law and recommended always checking with him first if in question. He also noted if concerns arise with the City Manager to seek out the City Attorney first but in all other situations, honor the hierarchy and proceed accordingly. Mr. Mattick provided details on Robert's Rule of Order and the sequence of discussions and motions. The difference between a City Administrator and City Manager was explained with North St. Paul being a plan B city and referencing an hour glass, stating that the top is the city council, the middle being the City Manager and the bottom being city staff. It is highly encouraged that all topics, issues and discussions go through the City Manager. The City Manager takes care of the day to day operations. V. OTHER BUSINESS There was no other business. VI. ADJOURNMENT On motion by Council Member Wong, seconded by Council Member Cole, with all present voting aye (5-0), meeting is adjourned at 6:20 p.m. Attest: /s/ John Monge, Mgyor /s/ Brian Frandle, City Manager / Clerk City of North Saint Paul Page 2 of 2 Approved Regular City Council Meeting Minutes February 7, 2023 CITY OF SHOREVIEW MINUTES CITY COUNCIL WORKSHOP MEETING April 17, 2023 CALL TO ORDER Mayor ❑enkinger called the workshop meeting of the Shoreview City Council to order at 5 pm on April 17, 2023. ROLL CALL The following attended the meeting: City Council; Mayor ❑enkinger; Councilmembers Doan, and Myrland Councilmembers Johnson and Springhorn arrived late. Staff: Brad Martens, City Manager Steve Benoit, Parks and Recreation Director Becky Sola, Recreation Program Manager Guests: Jennifer Dickinson, Director Legal Services for Tubman Emily Barnhill, Victim Advocate, Tubman GENERAL BUSINESS DISCUSSION WITH TUBMAN Jennifer Dickinson stated that the purpose ❑f meeting with the council is to explain Tubman services and request a donation in funding. Tubman has provided legal services in the east metr❑ area since 1981, in partnership with the Ramsey County Sheriff's Office and the law firm of Kelly and Lemmons. In addition to legal aid, their services include safe shelter, counseling and community education. Tubman legal advocacy services cover all cities in Ramsey and Washington Counties, as well as Minneapolis and Crystal to provide services for victims ❑f domestic violence. There is a designated intervention line for law enforcement to report domestic violence. Tubman then contacts the victims to make sure they are safe and let them know Tubman legal services will contact them the next business day. Tubman goes to court with the victim, explains the court services and helps them get what they need, such as order for protection, child support, limited parent time, housing, and finances. Tubman has a shelter and provides counseling for mental health, chemical health and youth health. The safety project consists of attorneys who draft legal documents free and provide free legal service. There are also pro bono services for divorce and custody issues. Tubman arranges meetings with the victim and prosecutors. Emily Barnhill added that the cases are followed all the way through the process. Tubman uses a holistic approach in meeting clients where they are to address their needs. She works with all clients from Shoreview in explaining the legal process, going to court with them, making sure they understand a victim impact statement and help them participate in sentencing. Dickinson stated that Tubman receives no funding from Ramsey County. The team consists of three people. Recently, due to further loss of funding, a fourth full time member had to be let ga. This led to the decision to not follow any cases that do not involve intimate partner violence. Sibling, parent/child, and roommate cases are not covered. Further discussion about how to keep the program sustainable led to contacting cities, explaining the services and seeking funds. Councilmember Spring horn arrived at this time. Myrland asked when the relationship ends with the victim and what other services would be available if Tubman was not available. Dickinson stated that typically when the court case is over, Tubman takes a step back. Sometimes victims continue to call to find out what other resources are available. If Tubman was not available, there would be few resources. Barnhill stated that the advocacy at the courthouse would have to be done by the prosecutor. Since COVID, court orders are being written remotely and that is continuing. It makes the paperwork more accessible for clients. Mayor Denkinger asked the primary source of funding. Dickinson stated that there are grants, federal money that comes through OJT, private donations, foundation donations, and fundraising. United Way of Washington County provides some funds for Washington County. United Way in Ramsey County provides no funding. She referred the council to the annual report provided. Martens noted that approximately 60% of funding is from government so u rces. Councilmember Doan asked the reason Ramsey County had cut funding. Dickinson did not know but stated that they now use an RFP process and give all funding to two or three organizations. Prior t❑ that, Tubman received approximately $20,000. This request is for suburban areas. Tubman does not 2 provide services in St. Paul. Visits are being made t❑ all suburban cities. Falcon Heights was the first to step up with support, even for 2023. Hennepin County does provide some funding. Most work in Hennepin County is civil advocacy, except there is now a contract with Crystal that includes criminal advocacy. Mayor Denkinger asked what clients say about this service. Barnhill responded that a Shoreview client recently gave testimony about an order for protection that was violated. Then it became a criminal case. The client became part of the safety program with some financial support. The client's response to the process was that they were able to go through it with dignity and that they were respected. A huge part ❑f the role is to help someone feel dignified going through a very difficult situation. Dickinson added that prosecutors do not have the time to discuss personal details with clients. They are focused on the case and the best resolution. Clients say the process is overwhelming and difficult to navigate. It is confusing to request an order for protection and know what information the judge is looking for in order to be sure one is issued. Developing a relationship to listen and have conversations about what the client needs is what Tubman does. That is not the role of the prosecutor. Myrland asked what other non-profit organizations the city supports. Eisenbeisz listed Northeast Youth and Family Services, Northern Lights Variety Band, Shoreview Historical Society, Gallery 96, and Shoreview- Ei n h a usen Sister City Association.. CounciImember Doan commended the work done by Tubman but stated that it is difficult to support one organization and not another. A broader discussion on donations to non -profits is needed. In that meeting he would like to see the list of non -profits the city supports and the amounts being given. It was the consensus of the council t❑ pursue further discussion during the budget process. DISCUSSION REGARDING ELECTION ADMINISTRATION Presentation by Assistant City Manager Renee Eisenbeisz The city manages elections in even years. In 2024, there will be three elections, the Presidential primary in March, State primary in August, and general in November. Planning for the elections will start in September 2023. An analysis of election operations was conducted for presidential years. Staff looked at five areas for the analysis: staff capacity, expanded use of pall pads, 3 absentee voting, election judge wages and expectations, and proposed legislation. The deputy clerk is primarily responsible to oversee elections which takes approximately 70% of their time plus over 135 overtime hours during the election season which is September of the previous year of a general election to November when the general election is held. Election activities include: - Recruiting and scheduling election judges; - Administering absentee voting; - Reserving polling sites; - Managing election activities; - Attending training; - Conducting training of election judges; - Driving to Ramsey County at least 3 times a week during absentee voting to drop off ballots; - Procuring supplies; - Candidate papers; - Publishing notices. Eisen beisz also works with the deputy clerk on elections which takes approximately 20% of their time during the election season. ❑uring that time regular work is delayed which creates inconsistency in the city's regular services. Election judges are considered employees, even for the one day, and all HIP paperwork has to be done which takes 60 to 75 hours for staff, payroll takes 40 to 45 hours; IT sets up equipment which takes 40 hours; maintenance crew delivers equipment and community center staff help with preparation of rooms for election day. In 2020, Ramsey County instituted the use of poll pads and expanded their use in 2022 for voter registration. Although helpful, additional training is required. Election judges have requested additional training on poll pads. Absentee voting occurs for the 46 days before an election. The number of absentee ballots and judges has increased since 2016. Up to four judges are needed each day of absentee voting. Election judge wages are currently at $14 per hour; $16 for head judge and $22 for absentee voting judge. Increases are proposed in 2024 at $16 for 4 election judge; $20 per hour for head judge and $22 per hour for absentee voting judge. Election activities are becoming complex which increases responsibilities and expectations. More training is needed. It is becoming harder to recruit election judges, especially head judges, and to maintain party balance. On election day a balance of parties must be represented among judges. Several election bills are being proposed at the legislature this year which will impact election operations. Absentee voting requires an application before voting. Earlyvoting may no longer require an application. It is proposed that the number of days for early voting be increased from 7 to 18 days which would mean the city would need to increase its absentee voting judges those days. Being open an additional Saturday and Sunday would also be necessary. It is possible the city could receive 80% reimbursement for publishing and wages through new legislation, but the city would have to apply for it. If there is not enough funding, the reimbursement percentage would be reduced t❑ be distributed the same across all cities. Four scenarios are being considered to address election needs: Scenario 1 - Keep election judge wages the same - Add registration specialist judge t❑ help with poll pads and same day registration on election day - There would be no impact for election judges' employer or polling location - Training materials would be inconsistent between the city and Ramsey County - The election season for staff would be September 2023 through November 2024, with the deputy clerk spending 70% plus 13S hours of overtime and revise the training program before September for poll pads, and the assistant city manager spending 20% of time on election activities. - HR, payroll, IT, maintenance, and building staff would spend a significant amount of time on elections activities. - Total cost is just under $133,000 Scenario 2 - Increase election judge wages to match Ramsey County - Add registration specialist judge - There would be no impact for election judges' employer or polling location 5 - Training materials would be inconsistent between the city and Ramsey County - The election season for staff would be September 2023 through November 2024, with the deputy clerk spending 70% plus 135 hours of overtime and revise the training program before September for poll pads. The assistant city manager would spend 20% of time on election activities. - HP, payroll, IT, maintenance, and building staff would spend a significant amount of time on elections activities. Total cost is $151,500 Scenario 3 - Increase election judge wages to match Ramsey County - Add registration specialist judge to help with poll pads and same day registration on election day - Add head absentee voting judge to oversee absentee voting and assist with election duties; this position would work June to November 2024 - There would be no impact for election judges' employer or polling location - Training materials would be inconsistent between the city and Ramsey County - The election season for staff would be September 2023 through November 2024. The deputy clerk would spend 70% of their time on elections September 2023 - May 2024 and then 50% when the head absentee judge is hired. There would still be over 135 hours ❑f overtime and revision ❑f the training program before September for poll pads. The assistant city manager would still spend 20% of time on election activities until the head absentee judge is hired. It would decrease to 10% in June. - HR, payroll, IT, maintenance, and building staff would spend a significant amount of time on elections activities. - Tota I cost is $155,S00 Scenario 4 - Contract with Ramsey County for election services - Ramsey County responsible for all election day activities and absentee voting - Ramsey County hires, trains and pays election judges - Election judges can choose their location to work 6 - There would be no inconsistencies in training, election day instructions and setting up and takin down polling places - Candidates will need to file at Ramsey County Elections in St. Paul - Election judges will work for Ramsey County instead of the city and will see wages increase - The impact to staff will mean that Ramsey County handles 95% ❑f election duties far the city. The deputy clerk would spend S% of time on election activities: - Canvassing local results - Issuing certificates of election - Attend trainings - Draft and schedule required resolutions - HP, payroll, 1T, and maintenance staff would not have to work on elections activities. - Building staff hours would be reduced to approximately 12 with only needing to prepare polling places at the community center for election day - Tota I cost is $229,000 The city's capacity to administer elections is declining. It is staff's recommendation to contract with Ramsey County. Councilmember Doan noted that when staff is working on elections, there may be additional costs to having other work done by a consultant or having to hire a part-time person. He was surprised at the increase for Ramsey County to administer the elections because the structure is already in place. It seems it would be an incremental cost to add Shoreview. Eisenbeisz explained that the county does a lot of work in the off years to make sure the process is smooth far election years. Councilmember Doan asked how wage costs are determined. Eisenbeisz stated that the county estimates $205,000, but the added cost is the city still has t❑ pay the machine maintenance costs. There is no flexibility for negotiation. Councilmember Spring horn asked about terms of work for election judges. Eisenbeisz stated that some election judges ❑nly want to work the general election so they are hired two weeks before that election and then terminated. It is a lot of work for payroll and HR staff for one to three days of work. Councilmember Springhorn asked if there is other work for the deputy clerk's time if not spent on elections. Martens stated that once the election season is over, there is a lot of catchup work that has not been done on a regular basis. Eisenbeisz added that special projects are delayed. There 7 would be more time for the deputy clerk t❑ focus on data practices and licensing work. Martens stated that there is not an assistant position in administration, and there is no capacity to add one. The deputy clerk fills that role. Myrland asked if turning elections over to the county has been successful with other cities. Eisenbeisz stated that the response is very positive because time is freed for regular work and special projects, and there is no liability. Martens noted that there are added costs if there are election recounts. Myrland asked how elections are funded. Martens answered that elections are budgeted in the general fund. CounciImember Johnson arrived at the meeting at this time. Mayor Denkinger asked staff to get information about the trend of county election costs and whether they have remained consistent. She does not like the idea of paying in off years. It would be reassuring if the costs were static year to year. However, because of limited staff and the goals of the city, she would lean toward contracting with Ramsey County. It was the consensus of the council for staff to bring the issue to a council meeting for a vote. PARK BUILDING ❑ESIGN CONCEPTS Presentation by Parks and Recreation Director Steve Benoit There are two locations identified to explore possible park building designs: Shoreview Commons and Bobby Theisen Park. Phase 2 of Shoreview Commons had a plan for a building with restrooms but was not built because of cost overruns. The oldest park building is at Bobby Theisen and is in most need of repair. Also, there are plans to expand pickleball courts at Bobby Theisen. Currently, there is $4 million in the CIP for park buildings. The city has been working with LHB on the design of buildings. Commons: Three designs are presented: A. Building would be to the east of the playground with the maximum number of amenities, including a meeting room, a concession stand, restrooms, open air walkthrough to the playground. It could be rented for birthday parties with capacity for up to eight tables. Storage is included. It would rent well based on calls received. The question is whether such a building is needed next to the community center with rental space. Estimated cost is $2.8 million. 8 B. Building with two unisex restrooms, storage and a canopy for shade. Estimated cost is $0.9 million. C. Building with two unisex restrooms, storage and smaller meeting room with no walk-through. Estimated cost is $1.8 to 2.1 million. LH B estimates $550/square foot in cost. That cost depends on fixtures and interior finishes and timing. The parks and recreation commission reviewed these three proposals. Single unisex stalls are recommended for parents helping and changing children. Gender restrooms are not necessary. The concession stand is not a high priority with what is available at the community center. Is the open air middle worth the cost? Design B was the preferred plan with multi -use stalls. Councilmember Doan asked how many portable restrooms are needed. Benoit answered, S and they need frequent cleaning due to the amount of use. Myrland asked how the restrooms are kept clean. Benoit stated that a company did the cleaning for them. If the restrooms are owned by the city in the building, there will have t❑ be consideration on how t❑ assign seasonal staff. Councilmember Johnson asked the impact of concession traffic after one summer. Benoit stated that there was some increase, but it was not significant. Many people brought their own food. Councilmember ❑oan suggested a possible popup concession for certain peak times and requested space be available for that. Benoit added that vending machines are also a possibility. Councilmember Johnson suggested restrooms would be used more than portable restrooms were used, and five might not be enough. Bobby Theisen: Two designs are presented. A. There is a natural hill at the park that slopes to the courts. One design would be to take advantage of the hill with a building that has a lower level for storage. The interior would have multiple uses with a room that could be rented and used for a warming house in the winter for the skating rinks. There are gender and unisex restrooms and a canopy for shade. Estimated cost is $1.3 million. B. The second design is a single level with a similar activity room/warming house and green space. There would be a storage room ❑n the north side and one multiple use restroom to support a warming house area. an the west side is room for four unisex bathrooms. In the middle area, there would be additional storage. Estimated cost is $1.2 to $1.4 million. Although a level 9 was eliminated, all restrooms are unisex and there is as much storage as the first building. Councilmember Johnson asked if a meeting room is needed. Sala stated that this is the second most used skating rink used in the system. A warming area is needed. Also, it would be promoted for use by multi -family developments in the area that are within walking distance. Additional nature programming is planned. Bobby Theisen would be a good location. A playground is planned to be adjacent to the building and that would make renting the room attractive for events. Councilmember Doan asked for information from Roseville as to cost and utilization of their facilities. Their facilities are always staffed and he would like to know that cost as well. He asked about a security system at the Bobby Theisen building. Benoit stated that cameras, key access and lighting are all being looked into for security. Becky stated that there is a good system at Rice Creek Field that provides access through smart phones. Park Commission feedback: Preference for the unisex family style restrooms. There is a strong need for shading off the building. The value for the cost of a lower level is not there. The commission preferred option B for a single level with unisex restrooms and storage in the middle. Myrland stated that she would prefer additional gender bathrooms as well as unisex. When unisex bathrooms are put in, often there are fewer. Martens noted that the master plan includes buildings at Bucher, Shamrock and Sitzer. A changing room is planned at McCullough. The building at Bobby Theisen would be a template for the others. Martens noted an individual that has given strong push back on the plan at Bobby Thiesen Park that took over two years to develop. If the plan needs to be revisited, it needs to be discussed soon as work is scheduled to begin in 2023. CounciImembers will respond in an email to Martens as to whether they think a new discussion is warranted. The meeting adjourned at 6:47 pm. 10 WORKSHOP MEETING OF THE COUNCIL OF THE CITY OF VADNAIS HEIGHTS FEBRUARY 21, 2023 OPEN MEETING The workshop meeting of the Council of the City of Vadnais Heights was held on the above date and called to order by Mayor Krachmer at 5:30 p.m. The following members were present: Mayor Mike Krachmer and Council Members Erik Goebel, Steve Rogers, Kelly Jozwowski, and Katherine Doll Kanne. The following member was absent: None. Also present were: City Administrator, Kevin Watson; Assistant City Administrator, Kaylin Clement; Planning/Community Development Director, Nolan Wall; City Engineer/Public Works Director, Jesse Farrell; Fire Chief, Chris Hearden; and Deputy Clerk, Peggy Aho. FUTURE CITY COUNCIL REQUESTS Mayor Krachmer said he would like to review the various commissions for a number of reasons including to clarify whether we are going to start a new committee/or commission for the Green Team. He said he would also like to look at starting up the Community Engagement Committee. He would like to discuss these at a future workshop. Council Member Doll Kanne agreed. City Administrator Watson said that City staff can frame up a dialogue on how the commissions function, what makes sense to have and what doesn't. Watson said this may take some time to prepare for a Workshop. Krachmer said he would also like to do a housing study and said perhaps the Planning Commission could provide some input. Planning/Community Development Director Wall said that Ramsey County will be at an upcoming meeting to discuss HRA grants. GREENSTEP CITIES PRESENTATION Kristin Mroz, MPCA, GreenStep Cities & Tribal Nations Director, gave a PowerPoint presentation on the Green Step Cities program. She said they have a 147 communities in the pilot program. She reviewed the five steps of the program: 1) resolution committing to local sustainability; 2) milestone demonstrating local commitment through actions; 3) achieved, meeting statewide sustainability action standards; 4) quantification, measuring communitywide impact of action; and 5) improvement demonstrating community wide success of actions. EMPLOYEE RETENTION AND RECRUITMENT DISCUSSION City Administrator Watson noted that this has no pending deadline, and that it is just food for thought. He said that many cities are providing a match of sorts to incentivize employees to begin planning for retirement. He said one such avenue would be a 457 retirement with City matches to employees plans. Council Member Doll Kanne asked if there is a vesting term for the match. Council discussed vesting periods. Kanne Doll said she is supportive of having something in place. Watson said staff will take a deeper dive into this. Watson noted that another area the City could look at as an incentive would be to provide phone stipends to staff that use their personal cell phones regularly for work. The Council asked for more comparable stipends from other cities. Kanne Doll said she would like to have it written out what is the tipping point before someone falls into this policy. Watson said another area would be a vehicle allowance for department heads that require significant travel for work in their personal vehicles. Council Member Rogers asked for information on how many miles staff are driving on a monthly basis. Watson asked that the Council consider adjusting staff s weekly hours during the summer to account for the "Minnesota lifestyle" from Memorial Day to Labor Day. Council Members discussed this and said they would be in favor of summer hours. Regarding staffing additions, Rogers asked that staff create a create business case and quantify additional staff. PARKS MASTER PLAN DISCUSSION City Administrator Watson said the memo/information he provided to the Council he had provided to the previous Council. The memo outlines what a Parks Master Plan would provide. He said that the City has never really had a Plan, just basically an inventory. Watson said this effort would give the Parks, Rec and Trails Commission a purpose and could cost around $100,000. Council Member Rogers said he would like to know what the Commission's role would be. Watson replied that they would ask the questions, the City would pay for an expertise to help facilitate this and get people motivated. Watson said he will begin talking to facilitators and getting quotes. 2023-2024 WORKPLAN AND GOALS DISCUSSION City Administrator Watson introduced the 2023-2024 Workplan, hoping for a discussion of and getting Council Members thoughts on the plan which was provided by the consultant. He said he is looking for direction. Watson suggested adding somewhere the Green Steps/Green Leaf programs There being no further business, the meeting adjourned at 6:55 pm. Respect y bmitted, Kevin Watson, City Administrator LHCHANDBOOK FOR MINNESOTA CITIES LEAGUE Chapter 7 MINNESOTA CITIES Meetings, Motions, Resolutions, and Ordinances TABLE OF CONTENTS Meetings, Motions, Resolutions, and Ordinances.................................................................................................. I I. Types of council meetings and notice requirements.....................................................................................3 A. Regular meetings...........................................................................................................................................3 B. Special meetings............................................................................................................................................3 C. Emergency meetings.....................................................................................................................................6 D. Closed meetings............................................................................................................................................6 E. Annual meeting (first meeting of the year)...................................................................................................6 F. Adjourned meetings......................................................................................................................................7 G. Meetings conducted by interactive technology.............................................................................................7 H. Meetings During Pandemic or Chapter 12 Emergency.................................................................................8 1. Public Hearings...........................................................................................................................................10 J. Days and times when meetings cannot be held...........................................................................................11 11. Open meeting law........................................................................................................................................12 A. Purpose........................................................................................................................................................12 B. Public notice................................................................................................................................................12 C. Location.......................................................................................................................................................13 D. Printed materials..........................................................................................................................................13 E. Groups governed by the open meeting law.................................................................................................13 F. Gatherings governed by the open meeting law...........................................................................................13 G. Open meeting law exceptions......................................................................................................................14 H. Common issues............................................................................................................................................18 1. Advisory opinions.......................................................................................................................................24 J. Penalties.......................................................................................................................................................25 IIl. Meeting procedures.....................................................................................................................................27 A. Citizen involvement....................................................................................................................................27 B. Recording and broadcasting of meetings....................................................................................................27 C. Meeting room..............................................................................................................................................28 D. Maintaining order........................................................................................................................................28 This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Imc.org 8/30/2022 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2022 All Rights Reserved E. Rules of order..............................................................................................................................................29 F. Voting procedures.......................................................................................................................................31 G. Role of the mayor and clerk........................................................................................................................31 H. Minutes of council meetings.......................................................................................................................32 IV. Motions, resolutions, and ordinances..........................................................................................................36 A. Passing motions, resolutions, and ordinances.............................................................................................36 B. Differences between motions, resolutions, and ordinances.........................................................................37 C. Ordinances................................................................................................................................................... 42 V. Local approval of special laws....................................................................................................................56 VI. How this chapter applies to home rule charter cities...................................................................................57 League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 2 LJ LHCHANDBOOK FOR MINNESOTA CITIES LEAGUE Chapter 7 MINNESOTA CITIES Meetings, Motions, Resolutions, and Ordinances Review requirements city councils must follow when conducting meetings and public hearings, such as the open meeting law and its exceptions, taking and publishing minutes, and rules of order. Learn when to use a motion, resolution, or an ordinance to do city business and the procedures required for each. RELEVANT LINKS See LMC information memo, Meetings of City Councils, for more information. Minn. Stat. § 412.191, subd. 2. Minn. Stat. § 13D.04, subd. 1. Minn. Stat. § 645.44, subd. 5. Minn. Stat. § 13D.04, subd. 2. Minn. Stat. § 412.191, subd. 2. Elseth v. Hille, No Al2-1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). DPO 10-013. DPO 04-004. See I-B-2-Notice to the public. I. Types of council meetings and notice requirements The city council exercises its authority when it meets as a group. Under state law, there are certain requirements for council meetings. A. Regular meetings State law does not govern the time, place, or frequency of council meetings. Regular meetings of the council, however, must be held at times and places established by council rules. Councils typically meet once or twice a month in the city hall or at another public place in the city. The council must keep a schedule of its regular meetings on file at its primary office. The council should also set an alternate meeting day for any regular meeting days that fall on a legal holiday. If the council decides to hold a meeting at a different time or place from that stated in its schedule of regular meetings, it generally must give the notice required for a special meeting. B. Special meetings A special meeting of the council refers to any meeting at a time or place different from that stated in the council's schedule of regular meetings. The council may transact any business within its powers at a special meeting if proper notice has been provided. The commissioner of the Minnesota Department of Administration has advised that a city council should not discuss or decide topics that have not been included as the stated purpose of a special meeting in the notice to the public. All statutory provisions governing regular meetings, including the open meeting law, apply to special meetings. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Imc.org 8/30/2022 Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2022 All Rights Reserved RELEVANT LINKS: Minn. Stat. § 412.191, Special meetings may be called by the mayor or by any two members of a subd. 2. five -member council or three members of a seven -member council. Special meetings are called by filing a written statement with the city clerk. Home rule charter cities may have different requirements for special meetings. Minn. Stat. § 13D.04, subd. Unless otherwise expressly established by statute, the following notice z. requirements apply to all special meetings. 1. Notice to the council Minn. Stat. § 412.191, When a special meeting has been called, the clerk must mail a notice to all subd. 2. A.G. Op. 471-e (Jan. 22, council members, at least one day before the meeting, stating the time and 1957). place of the meeting. If all the council members attend and participate in Minn. Stat. § 13D.04, subd. 7. the meeting, the notice requirements will be considered to have been satisfied. In addition, 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. 2. Notice to the public Minn. Stat. § 13D.04, subd. The clerk also must post written notice of the date, time, place, and purpose z. of the special meeting on the city's principal bulletin board at least three Rupp v. Mayasich, 533 days before the meeting. A principal bulletin board must be located in a N.W.2d 893 (Minn. Ct. App.1995). place reasonably accessible to the public. If the city does not have a principal bulletin board, the notice must be posted on the door of its usual meeting room. Minn. Stat. § 13D.04, subd. In addition to posting notice, the city must also mail or deliver notice to each person who has filed with the city a written request for notice of special meetings. Notice to these individuals must be mailed or delivered at See LMC information memo, Newspaper least three days before the meeting. As an alternative to mailing or Publication, for more delivering the notice, the city may publish the notice once in its official information. newspaper at least three days before the meeting. If there is no official Minn. Stat. § 331A.05, newspaper, notice must be published in a qualified newspaper of general subd. 7. circulation that covers the city. If, through no fault of the city, an error occurs in the publication of a notice, the error generally does not impact the validity of a public meeting. In cases where the error is the fault of the newspaper, the political subdivision shall not be charged for the publication. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 4 RELEVANT LINKS: Minn. Stat. § 645.15. In re Appeal from an Order of Lake Valley Twp. Bd., 305 Minn. 488,234 N.W.2d 815 (1975). Minn. Stat. § 13D.04, subd. 2 (d). Minn. Stat. § 13D.04, subd. 2 (e), (fl. A.G. Op. 63a-5 (Aug. 28, 1996). DPO 16-005. DPO 13-015. In calculating the number of days for providing notice, the first day the notice is given should not be counted, but the last day should be counted. But 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. For example, if a special meeting is scheduled for a Thursday, notice must be given by Monday at the latest to meet the three-day notice requirement. In this example, Tuesday is day one, Wednesday is day two, and Thursday is day three. Monday is not included in the time computation. Similarly, if a special meeting is planned for Monday, notice must be given by Friday at the latest; Saturday is day one, Sunday is day two, and Monday is day three. Saturday and Sunday are included in the time computation since they are not the last day of the fixed period. A person filing a written request for notice of special meetings may limit the request to notification of special meetings that cover a particular subject. In this case, the city only needs to send notice of special meetings addressing those subjects. Cities may set an expiration date for written requests for notices of special meetings and require people to refile a request once each year. The city must notify each person of the requirement not more than 60 days before the refiling is due. If a council committee or other public body meets and a quorum of city council members attends and observes the meeting, the city most likely does not need to give additional notice of a special city council meeting if proper notice of the committee or other public meeting has been given. If council members participate in discussions or deliberations during the meeting of the committee or other public body, however, an additional separate notice of a special city council meeting may be required. The commissioner of the Minnesota Department of Administration has advised that when a town board changed the time and location of a meeting on the same day it was scheduled to occur, the town board violated the open meeting law by failing to provide the required three-day notice for a special meeting. The town board had changed the time and place of the meeting due to the weather and the lack of air conditioning in the town hall meeting room. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 5 RELEVANT LINKS: C. Emergency meetings Minn. Stat. § 13D.04, subd. An emergency meeting is a special meeting called by the council due to 3. DPO 06-027 (advising that the city council circumstances that, in its judgment, require immediate council improperly held an consideration. The procedure for notifying council members of emergency emergency meeting to consider complaints about meetings is the same as that for special meetings. The public notice the city's building requirements, however, are different. The council must make good -faith inspector). Slipy v. Rach, No C5-06-3574 (9th Jud. efforts to provide notice of the emergency meeting to all media that have Dist. June 8, 2007) (after filed a written request for notice. Notice must be by telephone or by any the commissioner issued the advisory opinion, the other method used to notify council members. The notice must include the district court held that the subject of the meeting. A published or posted notice is not necessary. city council's decision to hold the emergency meeting complied with the open meeting law). Minn. Stat. § 13D.04, subd. If matters not directly related to the emergency are discussed or acted upon 3(f). at an emergency meeting, the meeting minutes must include a specific description of them. D. Closed meetings See section 11-F for more A closed meeting is a meeting of a public body that the public is not information about the specific exceptions that allowed to attend. A public meeting only may be closed if it meets the authorize certain closed requirements of one of the seven specific exceptions listed in the open meetings. Minn. Stat. § 13D.04, subd. s. meeting law. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place at a special meeting or an emergency meeting, the notice requirements for a special meeting or emergency meeting apply. E. Annual meeting (first meeting of the year) Minn. Stat. § 412.02, subd. At its first meeting of the year, sometimes referred to as the annual meeting, 2. Minn. Stat. § 205.07, subd. the council must perform certain functions. State law does not set a date for la. the annual meeting, but council bylaws usually establish when it will occur. The annual meeting usually takes place on or shortly after the first Monday in January, which is when the terms of new council members begin. At this first meeting, the council must: Minn. Stat. § 412.831. • Designate a newspaper of general circulation as its official newspaper Minn. Stat. § 331A.02. See also LMC information in which the city will publish ordinances and other matters as required memo, Newspaper by law. Publication, for more information. • Select an official depository, by resolution, for city funds. This must be done within 30 days of the start of the city's fiscal year. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 6 RELEVANT LINKS: Minn. Stat. § § 427.01-.12. • Elect an acting mayor from among the council members. The acting Minn. Stat. § 118A.02, mayor shall perform the duties of the mayor during the mayor's subd. 1. disability or absence from the city, or, if there is a vacancy, until a Minn. Stat. § 412.121. successor has been appointed. Councils should also, on at least an annual basis: Minn. Stat. § 424A.04, • Review different council appointments to city boards and commissions. subd. 1. For example, the council must appoint one elected city official and one elected or appointed city official to serve with the city's fire chief on the board of trustees for a city fire department's volunteer relief association. • Review the council's bylaws and rules of order, and make any necessary changes. An ordinance amendment is necessary if the bylaws are in ordinance form; otherwise a resolution or motion is sufficient. • Assign committee duties to members. Minn. Stat. § 412.111. Approve official bonds that have been filed with the clerk. F. Adjourned meetings City officials often use the terms "adjourned," "continued," and "recessed" interchangeably when referring to meetings that are postponed to a future time for lack of a quorum, for convenience, or to complete pending business from a regular meeting. Minn. Stat. § 412.191, Although a quorum (majority of a city council in statutory cities) is subd. 1. necessary to conduct business, less than a quorum may adjourn or postpone a regularly organized meeting to a fixed, future time. When the council calls an adjourned meeting to complete pending business, the adjournment should be treated as a recess. Minn. Stat. § 13D.04, subd. If the date, time, and place of the adjourned, continued, or recessed meeting 4. are announced at the previous meeting and the information is recorded in the meeting minutes, no additional public notice is necessary. Otherwise, the notice required for a special meeting is necessary. G. Meetings conducted by interactive technology Minn. Stat. § 13D.02. A city council meeting may be conducted by interactive technology in DPO 08-034. compliance with the open meeting law if all of the following requirements are met: • At least one council member is physically present at the regular meeting location. • All council members must be able to hear and see each other and all discussion and testimony presented at any location at which at least one council member is present. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 7 RELEVANT LINKS: • All members of the public at the regular meeting location must be able to hear and see all discussion, testimony, and votes of all council members. • All votes are conducted by roll call so each member's vote on each issue can be identified and recorded; and • Each location at which a council member is present is open and accessible to the public. Minn. Stat. § 13D.02 subd. However, a meeting satisfies the requirements of the open meeting law 1(b). even though a member of the public body participates from a location that is not open to the public if the member has not participated more than three times in a calendar year from a location that is not open or accessible to the public, and: • The member is serving in the military and is at a required drill, deployed or on active duty; of • The member has been advised by a health care professional against being in a public place for personal or family medical reasons. This clause only applies when a state of emergency has been declared under section 12.31, and expires 60 days after the removal of the state of emergency. Minn. Stat. § 13D.001, "Interactive technology" means a device, software program, or other subd. 2. application that allows individuals in different physical locations to see and hear one another. Skype, Zoom, WebEx, and similar programs with an audio and video connection satisfy this requirement. Minn. Stat. § 13D.02, subd. When conducting meetings via interactive technology, the public body 3. shall, to the extent practical, allow a person to monitor the meeting electronically from a remote location. Minn. Stat. § 13D.02, subd. If interactive technology is used to conduct a regular, special, or emergency 4. meeting, the public body shall provide notice of the regular meeting Notice oflnteractive location and notice of any site where a member of the public body will be Technology Meeting, LMc participating by interactive technology. The timing and method of Model. providing notice is the same as for regular, special, and emergency Minn. Stat. § 13D.04. meetings per Minnesota Statute 13D.04. The minutes for a meeting that included members appearing via interactive technology must reflect the names of any members appearing by interactive technology and state the Minn. Stat. 13D.02, subd. reason or reasons for the appearance by interactive technology. 6. H. Meetings During Pandemic or Chapter 12 Emergency Meetings may be conducted by telephone or interactive technology if all of the following conditions are met: League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 8 RELEVANT LINKS: Minn. Stat. § 13D.021, subd. 1. • The presiding officer, chief legal counsel, or chief administrative officer for the affected governing body determines that an in -person meeting or a meeting conducted through interactive technology is not practical or prudent because of a health pandemic or an emergency declared under chapter 12 of the Minnesota Statutes. • All members of the governing body participating in the meeting can hear each other and can hear all discussion and testimony. • Members of the public present at the regular meeting location can hear all discussion, testimony, and votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration. • At least one member of the governing body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration. • All votes are conducted by roll call so that each member's vote on each issue can be identified and recorded. • If meeting is conducted through interactive technology or telephone DPO 21-003 because of a health pandemic, a quorum may not be present at the in - person meeting location. Minn. Stat. § 13D.021, Each member of the governing body participating in a meeting by subd. 2. telephone or other interactive technology is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Minn. Stat. § 13D.021, If telephone or interactive technology is used to conduct a meeting, to the subd. 3. extent practical, the public body shall allow a person to monitor the meeting electronically from a remote location. If attendance at the regular meeting location is not feasible due to the health Minn. Stat. § 13D.021, subd. s. pandemic or emergency declaration and the public body's practice is to offer a public comment period at in -person meetings, members of the public shall be permitted to comment from a remote location during the public comment period of the meeting, to the extent practical. Minn. Stat. § 13D.021, If telephone or interactive technology is used to conduct a regular, special, subd. 4. or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or interactive technology, and, if practical, the option of Minn. Stat. § 13D.04. connecting to the meeting remotely. Notice of Pandemic or state The timing and method of providing notice will depend on whether the of Emergency Meeting, LMC Model. meeting is a regular, special, or emergency meeting. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 9 RELEVANT LINKS: I. Public Hearings A public hearing is a meeting that is held where members of the public can express their opinions regarding a particular issue. The council is there to regulate the hearing and make sure that people who want to speak get an See section 1-F for more opportunity to do so. The council does not deliberate or discuss matters information on adjourned during the public -hearing portion of a meeting; instead, it listens to the meetings. public. Once the public -comment period is finished, the council will often end the meeting. To continue a public hearing, the council should not formally end the public -comment part of the hearing and should state the date, time, and place of the continued public hearing and record this information in the meeting minutes. There are two types of hearings, those that are discretionary and are held because the public body chooses to do so and those that are mandatory and are held because they are required by a specific statute, ordinance, or charter provision. 1. Discretionary hearings Many city councils will hold public hearings even when they are not legally required to do so. Generally, hearings of this type allow the public to comment on a specific issue. Such hearings can be helpful in raising concerns about an issue that the council may not have considered. 2. Required hearings When a specific statute, ordinance, or charter provision requires the council to hold a public hearing, any notice requirements must be followed. For example, required hearings for zoning ordinance amendments and for the consideration of proposed special assessments have special notice requirements. There are other situations that may require a public hearing. Contact the League if you are unsure about a specific situation. Here are some required public hearings: Minn. Stat. § 412.851. • Street vacation. Minn 2btat. § 414.033, subd.Minn. 0 Annexation by ordinance. Stat. § 429.031, • Local improvement projects that will be paid for with special subd. 1. assessments. Minn. Stat. § 429.061. • When special assessments are made to property. Minn. Stat. § 444.18, subd. purchase and improvement of waterworks, sewers, drains, and storm 3. sewers by storm sewer improvement districts. Minn. Stat. § 469.003, . Adoption of a housing redevelopment authority (HRA) enabling subd. 2. resolution. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 10 RELEVANT LINKS: Minn. Stat. § 469.093, • Adoption of an economic development authority (EDA) enabling subd. 1. resolution. Minn. Stat. § 469.065, subd. 2. • Sale of port authority land. Minn. Stat. § 469.105, subd. 2. • Sale Of EDA land. said. MinnZStat. § 469.107, . Increase of levy for an EDA. • Continuation of a municipal liquor store after a net loss for two of three Minn. Stat. § 340A.602. consecutive years. Minn. Stat. § 275.065, subd.6. • Truth -in -taxation. said. 3Stat. § 462.357, • Adoption or amendment of a zoning ordinance. Minn. Stat. § 462.358, subd. 3b. . Subdivision applications. said. MinnZStat. § 462.3595, . Granting of a conditional use permit. Minn. Stat. § 410.12, subd. 7. • Adoption of a charter amendment by ordinance. Minn. Stat. § 462.355, subd. 4. • Certain interim ordinances. J. Days and times when meetings cannot be held Minn. Stat. § 645.44, subd. State law establishes a set of public holidays when no public business can s. be transacted, except to deal with emergencies. The transaction of public business includes conducting public meetings. The public holidays are: • New Year's Day (Jan. 1). • Martin Luther King's Birthday (the third Monday in January). • Washington's and Lincoln's Birthday (the third Monday in February). • Memorial Day (the last Monday in May). • Independence Day (July 4). • Labor Day (the first Monday in September). See Proclamation, Governor Mark Dayton, • Christopher Columbus Day (the second Monday in October). State of Minnesota, Oct. 8, 2018 (recognizing the • Veterans Day (Nov. 11). second Monday in October . Thanksgiving Day (the fourth Thursday in November). as Indigenous Peoples Day). Note: State statute • Christmas Day (Dec. 25). refers to this holiday as Columbus Day. Minn. Stat. § 645.44, subd. All cities have the option, however, of deciding whether Christopher s. Columbus Day and the Friday after Thanksgiving shall be holidays. If these days are not designated as holidays, public business may be conducted on them. Juneteenth is a federal holiday celebrated annually on June 19 commemorating the emancipation of enslaved African Americans. Minnesota does not recognize it as a holiday, but some cities have designated it themselves. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 11 RELEVANT LINKS: Minn. Stat. § 645.44, subs. If a holiday falls on a Saturday, the preceding Friday is considered to be a 5. holiday. If a holiday falls on a Sunday, the next Monday is considered to be a holiday. Minn. Stat. § 645.15. See State law does not prohibit meetings on weekends. However, state law Section I-B-2 for more information about notice regulating how time is computed for the purpose of giving any required for special meetings. notice provides that if the last day of the notice falls on either a Saturday or a Sunday, that day cannot be counted. For example, if notice for a special meeting to be held on a Saturday or Sunday is required, the third day of that notice would need to be provided on the preceding Friday. Minn. Stat. § 204C.03. Minnesota election law provides that meetings are prohibited between Minn. Stat. § 202A.19. 6 p.m. and 8 p.m. on any election day, including a local general or special election. Therefore, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between 6 p.m. and 8 p.m. Meetings are also prohibited after 6 p.m. on the day of a major political precinct caucus. II. Open meeting law See LMC information memo, Meetings of City A. Purpose Councils, for more information about the open meeting law. Minn. Stat. § 13D.01. St. The open meeting law requires that meetings of public bodies must Cloud Newspapers, Inc. v. Dist. 742 Community generally be open to the public. It serves three vital purposes: Schools, 332N.W.2d 1 (Minn. 1983). • Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences. • Ensures the public's right to be informed. • Gives the public an opportunity to present its views. B. Public notice See section I -Types of Public notice generally must be provided for meetings of a public body council meetings and notice requirements. Minn. Stat. § subject to the open meeting law. The notice requirements depend on the 13D.04, subs. 7. type of meeting. However, if a person receives actual notice of a meeting at least 24 hours before the meeting, all notice requirements under the open meeting law are satisfied regardless of the method of receipt. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 12 RELEVANT LINKS: C. Location Quast v. Knutson, 276 The Minnesota Supreme Court has held that, to meet the statutory Minn. 340,150 N.W.2d 199 (1967). (Holding that a requirement that meetings of public bodies shall be open to the public, "it is school board violated the essential that such meetings be held in a public place located within the open meeting law when it held a meeting in a room territorial confines of the [public body] involved." located 20 miles outside the school district). DPO 18- 003. D. Printed materials Minn. Stat. § 13D.01, subd. At least one copy of the printed materials relating to agenda items that are 6. DPO 08-015. DPO 17- 006. DPO 13-015 (noting provided to the council at or before a meeting must also be made available that the open meeting law "is for public inspection in the meeting room while the governing body silent with respect to agendas; it neither requires considers the subject matter. This requirement does not apply to materials them nor prohibits them"). classified by law as other than public or to materials relating to the agenda DPO 18-003. DPO 18-011. Minn. Stat. § 13D.01, subd. items of a closed meeting. 6. E. Groups governed by the open meeting law Minn. Stat. § 13D.01, subd. Under the Minnesota open meeting law, all city council meetings and 1. executive sessions must be open to the public with only a few exceptions. Minn. Stat. § 465.719, The open meeting law also requires meetings of a public body or of any subd. 9. committee, subcommittee, board, department, or commission of a public body to be open to the public. For example, the governing bodies of local public pension plans, housing and redevelopment authorities, economic development authorities, and city -created corporations are subject to the open meeting law. Southern Minnesota The Minnesota Supreme Court has held, however, that the governing body Municipal Power Agency v. Boyne, 578 N.W.2d 362 of a municipal electric power agency is not subject to the open meeting law (Minn. 1998). because the Legislature has granted these agencies authority to conduct their affairs as private corporations. F. Gatherings governed by the open meeting law Moberg v. Indep. Sch. Dist. The open meeting law does not define the term "meeting." The Minnesota No. 281,336 N.W.2d 510 (Minn. 1983). St. Cloud Supreme Court, however, has ruled that meetings are gatherings of a Newspapers, Inc. v. Dist. quorum or more members of the governing body —or a quorum of a 742 Community Schools, 332 N.W.2d 1 (Minn. committee, subcommittee, board, department, or commission thereof —at 1983). which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 13 RELEVANT LINKS: Minn. Stat. § 412.191, subd. 1. Minn. Stat. § 645.08(5). See Section II-G-4 for more information about serial meetings. Minn. Stat. § 13D.05, subd. I (d). Minn. Stat. § 13D.01, subd. 3. DPO 14-005. DPO 13-012. DPO 06-020. DPO 14-005. See The Free Press v. County of Blue Earth, 677 N.W.2d471 (Minn. Ct. App. 2004) (holding that the county's statement that it was closing a meeting under the attomey-client privilege to discuss "pending litigation" did not satisfy the requirement of describing the subject to be discussed at the closed meeting). Minn. Stat. § 13D.04, subd. 5. For most public bodies, including statutory cities, a majority of its qualified members constitutes a quorum. Charter cities may provide that a different number of members of the council constitutes a quorum. The open meeting law does not generally apply in situations where less than a quorum of the council is involved. However, serial meetings, in groups of less than a quorum, that are held to avoid the requirements of the open meeting law may be found to violate the law, depending on the specific facts. G. Open meeting law exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that exist are carefully limited to avoid abuse. All closed meetings (except those closed under 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. Before closing a meeting under any of the following exceptions, a city council must make a statement on the record that includes the specific grounds that permit the meeting to be closed and describes the subject to be discussed. The commissioner of the Minnesota Department of Administration has advised that a member of the public body (and not its attorney) must make the statement on the record. The commissioner has also advised that citing the specific statutory authority that permits the closed meeting is the simplest way to satisfy the requirement for stating the specific grounds permitting the meeting to be closed. Both the commissioner and the Minnesota Court of Appeals have concluded that something more specific than a general statement is needed to satisfy the requirement of providing a description of the subject to be discussed. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting or as an emergency meeting, the notice requirements for a special meeting or an emergency meeting would apply. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 14 RELEVANT LINKS: 1. Labor negotiations Minn. Stat. § 13D.03, subd. The city council may, by majority vote in a public meeting, decide to hold a 1 (b). DPO 13-012. closed meeting to consider its strategy for labor negotiations, including Minn. Stat. §§ 179A.01-.25. negotiation strategies or developments or discussion of labor -negotiation proposals conducted pursuant to Minnesota Statutes sections 179A.01 to 179A.25. The council must announce the time and place of the closed meeting at the public meeting. Minn. Stat. § 13D.03, After the closed meeting, a written record of all members of the city council subds. 1(d), 2. and all other people present must be available to the public. The council See Closing a Meeting from must record the proceedings at city expense and preserve the recording for DPO. two years after signing the contract. The tape-recording must be available DPO 05-027. to the public after all labor contracts are signed for the current budget DPO 00-037. period. Minn. Stat. § 13D.03, subd. If someone claims the council conducted public business other than labor 3. negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed, and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders requested by either party and deemed appropriate by the court. 2. Not public data under the Minnesota Government Data Practices Act Minn. Stat. § 13D.05, subs. The general rule is that meetings cannot be closed to discuss data that are z. not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if certain not public data is discussed. Any portion of a meeting must be closed if expressly required by law or if any of the following types of not public data are discussed: • Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. • Active investigative data created by a law -enforcement agency, or internal -affairs data relating to allegations of law -enforcement personnel misconduct. • Educational, health, medical, welfare, or mental -health data that are not public data. Minn. Stat. §§ 144.291- • Certain medical records. .298. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 15 RELEVANT LINKS: Minn. Stat. § 13D.05, subd. A closed meeting held to discuss any of the not public data listed above 1(d). must be electronically recorded, and the recording must be preserved for at least three years after the meeting. Minn. Stat. § 13D.05, subd. Other not public data may be discussed at an open meeting without liability 1 (b), (c). DPo 09-012. or penalty if the disclosure relates to a matter within the scope of the public body's authority, and it is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retains its original classification; however, a record of the meeting shall be public. 3. Misconduct allegations or charges Minn. Stat. § 13D.05, A public body must close one or more meetings for "preliminary subds. 1(d), 2(b). DPO 03- 020. (Advising that when a consideration" of allegations or charges of misconduct against an individual meeting is closed under this subject to its authority. This type of meeting must be open at the request of exception, Minn. Stat. § 13.43, subd. 2 requires the the individual who is the subject of the meeting. government entity to identify the individual who is being discussed). If the public body concludes discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations that are held after that conclusion is reached must be open. This type of meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPo 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. The job applicant was not a city employee. The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not "an individual subject to its authority." DPo 10-001. The commissioner has also advised that a recording of a closed meeting for Minn. Stat. § 13.43. preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public. The commissioner noted that at some point in time, some or all of the data on the recording may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 16 RELEVANT LINKS: 4. Performance evaluations Minn. Stat. § 13D.05, A public body may close a meeting to evaluate the performance of an subds. 1(d), 3(a). See DPO 14-007, DPO 15-002, and individual who is subject to its authority. The public body must identify the DPO 16-002 (discussing individual to be evaluated before closing the meeting. what type of summary satisfies the open meeting law). DPO 05-013 (advising that At its next open meeting, the public body must summarize its conclusions a government entity could close a meeting under this regarding the evaluation. This type of meeting must be open at the request exception to discuss its of the individual who is the subject of the meeting. If this type of meeting is contract with an independent contractor closed, it must be electronically recorded, and the recording must be when that contractor is an preserved for at least three years after the meeting. individual human being). 5. Attorney -client privilege Minn. Stat. § 13D.05, subd. A meeting may be closed if permitted by the attorney -client privilege. Brainerd Daily Dispatch, Meetings between a government body and its attorney to discuss active or LLC v. Dehen, 693 N.W.2d threatened litigation may only be closed, under the attorney -client privilege, 435 (Minn. Ct. App. 2005). Prior Lake American v. when a balancing of the purposes served by the attorney -client privilege Mader, 642 N.W.2d 729 against those served by the open meeting law dictates the need for absolute (Minn. 2002). Northwest Publications, Inc. v. City of confidentiality. St. Paul, 435 N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & The need for absolute confidentiality should relate to litigation strategy and Tribune v. Housing and Redevelopment Authority in will usually arise only after the city has made a substantive decision on the and for the City of underlying matter. This privilege may not be abused to suppress public Minneapolis, 251 N.W.2d 620 (Minn.1976). observations of the decision -making process and does not include situations DPO 14-005. DPO 14-017. where the council will be receiving general legal opinions and advice on the DPO 16-003. DPO 17-003. strengths and weaknesses of a proposed underlying action that may give rise to future litigation. 6. Purchase or sale of real or personal property Minn. Stat. § 13D.05, subd. A public body may close a meeting to: 3 (c). • Determine the asking price for real or personal property to be sold by the public body. Minn. Stat. § 13.44, subd. • Review confidential or protected nonpublic appraisal data. 3. • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. Minn. Stat. § 13D.05, subd. Before holding a closed meeting under this exception, the public body must 3 (c). identify on the record the particular real or personal property that is the subject of the closed meeting. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 17 RELEVANT LINKS: See Closing a Meeting from The closed meeting must be recorded. The recording must be preserved for DPO. Vik v. Wild Rice Watershed eight years and must be made available to the public only after all real or Dist., No. A09-1841(Minn. personal property discussed at the meeting has been purchased or sold, or Ct. App. Aug. 10, 2010) (unpublished decision) after the public body has abandoned the purchase or sale. The real or (holding that this exception personal property that is being discussed must be identified on the authorizes closing a meeting to discuss the recording. A list of members and all other persons present at the closed development or meeting must be made available to the public after the closed meeting. The consideration of a property transaction and is not actual purchase or sale of the real or personal property must be approved at limited to the discussion of an open meeting, and the purchase or sale price is public data. specific terms of advanced negotiations). DPO 08-001. DPO 14-014. 7. Security reports Minn. Stat. § 13D.05, subd. Meetings may be closed to receive security briefings and reports, to discuss 3 (d). issues related to security systems, to discuss emergency -response procedures, and to discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities, if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting. Before closing a meeting under this exception, the public body must, when describing the subject to be discussed, refer to the facilities, systems, procedures, services or infrastructures to be considered during the closed See closing a Meeting from meeting. The closed meeting must be recorded, and the recording must be DPO. preserved for at least four years. H. Common issues 1. Interviews Channel 10, Inc. v. rndep. The Minnesota Supreme Court has ruled that a school board must interview Sch. Dist. No. 709,215 N.w.2d 814 (Minn. 1974). prospective employees for administrative positions in open sessions. The court reasoned that the absence of a statutory exception indicated that the Legislature intended such sessions to be open. As a result, a city council should conduct any interviews of prospective officers and employees at an open meeting if a quorum or more of the council will be present. Mankato Free Press v. City The Minnesota Court of Appeals considered a situation where individual of North Mankato, 563 N.w.2d 291(Minn. Ct. council members conducted separate, serial interviews of candidates for a App. 1997). city position in one-on-one closed interviews. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 18 RELEVANT LINKS: The district court found that no "meeting" of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City On remand, the district court found that the individual interviews were not of North Mankato, No. C9- 98-677 (Minn. Ct. App. done to avoid the requirements of the open meeting law. This decision was Dec.15,1998) also appealed, and the court of appeals affirmed the district court's (unpublished decision). decision. Cities that want to use this type of interview process should first consult their city attorney. 2. Informational meetings and committees St. Cloud Newspapers, Inc. The Minnesota Supreme Court has held that informational seminars about v. Dist. 742 Community Schools, 332 N.W.2d 1 school -board business, which the entire board attends, must be noticed and (Minn. 1983). open to the public. As a result, it appears that any scheduled gatherings of a quorum or more of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings and work sessions where members receive information that may influence later decisions. Many city councils create committees to make recommendations regarding a specific issue. Commonly, such a committee will be responsible for researching the issue and submitting a recommendation to the council for its approval. These committees are usually advisory, and the council is still responsible Dro 08-007. for making the final decision. This type of committee may be subject to the Dro 13-015. open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include: how the committee was created and who its members are; whether the committee is performing an ongoing function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. Dro 05-014. For example, the commissioner of the Minnesota Department of Administration has advised that "standing" committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or "ad hoc" function. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 19 RELEVANT LINKS: DPO 07-025. A.G. Op. 63a-5 (Aug. 28, 1996). Sovereign v. Dunn, 498 N.W.2d 62 (Minn. Ct. App. 1993). DPO 07-025. Thuma v. Kroschel, 506 N.W.2d 14 (Minn. Ct. App. 1993). DPO 16-005. A.G. Op. 63a-5 (Aug. 28, 1996). In contrast, the commissioner has advised that a city's Free Speech Working Group, consisting of citizens and city officials appointed by the city to meet to develop and review strategies for addressing free -speech concerns relating to a political convention, was not subject to the open meeting law. The advisory opinion noted that the group did not have decision -making authority. It is common for city councils to appoint individual council members to act as liaisons between the council and particular council committees or other government entities. The Minnesota Court of Appeals considered a situation where the mayor and one other member of a city council attended a series of mediation sessions regarding an annexation dispute that were not open to the public. The Court of Appeals held that the open meeting law did not apply to these meetings concluding "that a gathering of public officials is not a `committee, subcommittee, board, department or commission' subject to the open meeting law unless the group is capable of exercising decision - making powers of the governing body." The Court of Appeals also noted that the capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body and could also arise where there has been a delegation of power from the governing body to the group. If a city is unsure whether a meeting of a committee, board, or other city entity is subject to the open meeting law, it should consult its city attorney or consider seeking an advisory opinion from the commissioner of the Minnesota Department of Administration. Notice for a special meeting of the city council may be needed if a quorum of the council will be present at a committee meeting and will be participating in the discussion. For example, when a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law not because the council members simply attended the meeting but because the council members conducted public business in conjunction with that meeting. Based on this decision, the attorney general has advised that mere attendance by council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate special -meeting notice of a city council meeting. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 20 RELEVANT LINKS: 3. Social gatherings St. Cloud Newspapers, Inc. Social gatherings of city council members will not be considered a meeting v. Dist. 742 Community Schools, 332 N.W.2d 1 subject to the requirements of the open meeting law if there is not a quorum (Minn. 1983). Moberg v. present, or, if a quorum is present, if the quorum does not discuss, decide, Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. or receive information on official city business. The Minnesota Supreme 1983). Hubbard Court has ruled that a conversation between two city council members over Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 lunch about a land -use application did not violate the open meeting law (Minn. 1982). because a quorum of the council was not present. 4. Serial meetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has noted that meetings of less than a No. 281,336 N.W.2d 510 (Minn. 1983). DPO 10-011. quorum of a public body held serially to avoid a public meeting or to DPO 06-017. fashion agreement on an issue of public business may violate the open meeting law. Mankato Free Press v. City The Minnesota Court of Appeals considered a situation where individual of North Mankato, 563 N.W.2d 291(Minn. Ct. council members conducted separate, serial interviews of candidates for a App.1997). city position in one-on-one closed interviews. The district court found that no "meeting" of the council had occurred because there was never a quorum of the council present during the interviews. However, the court of appeals sent the case back to the district court for a determination of whether the council members had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. Mankato Free Press v. City On remand, the district court found that the individual interviews were not of North Mankato, No. C9- 98-677 (Minn. Ct. App. done to avoid the requirements of the open meeting law. This decision was Dec. 15, 1998) also appealed, and the court of appeals affirmed the district court's (unpublished decision). decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 5. Training sessions Compare St. Cloud It is not clear whether the participation of a quorum or more of the Newspapers, Inc. v. Dist. 742 Community Schools, members of a city council in a training program would be defined as a 332 N.W.2d 1 (Minn. 1983) meeting under the open meeting law. The determining factor would likely and A.G. Op. 63a-5 (Feb. 5, 1975). DPO 16-006. be whether the program includes a discussion of general training information or a discussion of specific matters relating to an individual city. A.G. Op. 63a-5 (Feb. 5, The attorney general has advised that a city council's participation in a non- 1975). DPO 16-006. public training program devoted to developing skills was not a meeting subject to the open meeting law. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 21 RELEVANT LINKS: The commissioner of the Department of Administration has likewise advised that a school board's participation in a non-public team -building session to "improve trust, relationships, communications, and collaborative problem solving among Board members," was not a meeting subject to the open meeting law if the members are not "gathering to discuss, decide, or receive information as a group relating to `the official business' of the governing body." However, the opinion also advised that if there were to be any discussion of specific official business by the attending members, either outside or during training sessions, it could be a violation of the open meeting law. 6. Telephone, email, and social media Moberg v. rnaep. sch. Dist. It is possible that communication through telephone calls, email, or other No. 281, 336 N.W.2d 510 (Minn. 1983). DPO 17-005 technology could violate the open meeting law. The Minnesota Supreme (advising communication Court has indicated that communication through letters and telephone calls through a letter violated the open meeting law). could violate the open meeting law under certain circumstances. Best practice to share information with the entire council is to send it to city staff and have them distribute it. If a council member needs to email the entire council, they should use blind carbon copy (BCC) to add recipients to avoid accidental use of reply all which may constitute the initiation of a discussion among a quorum of the public body. DPO 09-020. DPO 14-015. The commissioner of the Department of Administration has advised that back -and -forth email communications among a quorum of a public body that was subject to the open meeting law in which the members commented on and provided direction about official business violated the open meeting law. However, the commissioner also advised that "one-way communication between the chair and members of a public body is permissible, such as when the chair or staff sends meeting materials via email to all board members, as long as no discussion or decision -making ensues." O'Keefe v. Carter, No. In contrast, an unpublished decision by the Minnesota Court of Appeals Al2-0811 (Minn. Ct. App. Dec. 31, 2012) concluded that email communications are not subject to the open meeting (unpublished decision). law because they are written communications and are not a "meeting" for purposes of the open meeting law. The decision also noted that even if email communications are subject to the open meeting law, the substance of the emails in question did not contain the type of discussion that would be required for a prohibited "meeting" to have occurred. The court of appeals noted that the substance of the email messages was not important and controversial; instead, the email communications discussed a relatively straightforward operational matter. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 22 RELEVANT LINKS: The decision also noted that the town board members did not appear to make any decisions in their email communications. Because this decision is unpublished, it is not binding precedent on other courts. In addition, the outcome of this decision might have been different if the email communications had related to something other than operational matters, for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. Minn. stat. § 13D.065. The open meeting law was amended in 2014 to provide that "the use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public." Email is not considered a type of social media under the new law. The open meeting law does not define the term "social media," but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, Linkedln, Instagram, and Twitter through which users create online communities to share information, ideas, and other content. It is important to remember that the use of social media by council members could still be used to support other claims such as claims of defamation or of conflict of interest in decision -making. As a result, council members should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi-judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. See 11-G-4 - serial It is also important to remember that serial discussions between less than a meetings. quorum of the council could violate the open meeting law under certain circumstances. As a result, city councils and other public bodies should take a conservative approach and should not use telephone calls, email, or other technology to communicate back and forth with other members of the public body if both of the following circumstances exist: • A quorum of the council or public body will be contacted regarding the same matter. • Official business is being discussed. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 23 RELEVANT LINKS: Minn. Stat. § 13.02, subd. Another thing council members should be careful about is which email 7. account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a public -records request under the Minnesota Government Data Practices Act (MGDPA). The best option would be for each council member to have an individual email account that the city provides, and city staff manage. However, this is not always possible for cities due to budget, size, or logistics. If council members don't have a city email account, there are some things to think about before using a personal email account for city business. First, preferably only the council member should have access to the personal email account. Using a shared account with other family members could lead to incorrect information being communicated from the account, or incoming information being inadvertently deleted. Also, since city emails are government data, city officials may have to separate personal emails from city emails when responding to a public -records request under the MGDPA. Second, if the account a city council member wants to use for city business is tied to a private employer, that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public -records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a council member's email communications on the private employer's equipment or to restore files from a backup or archive. See Handbook, Records What may work best is to use a free, third -party email service, such as Management, for more information about records Gmail or Hotmail, for your city account and to avoid using that email management. account for any personal email or for anything that may constitute an official record of city business since such records must be retained in accordance with the state records -retention requirements. I. Advisory opinions 1. Department of Administration Minn. Stat. § 13.072, subd. The commissioner of the Minnesota Department of Administration has 1 (b). See Minnesota Department of authority to issue non -binding advisory opinions on certain issues related to Administration, Data the open meeting law. A $200 fee is required. The Data Practices Office Practices for an index of advisory opinions. (DPO) handles these requests. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 24 RELEVANT LINKS: See Requesting an Open Meeting Law Advisory Opinion. Minn. Stat. § 8.07. See index of Attorney General Advisory Opinions from 1993 to present. Minn. Stat. § 13D.06, subd. 1. Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Minn. Stat. § 13D.06, subd. 2. O'Keefe v. Carter, No. Al2-0811 (Minn. Ct. App. Dec. 31, 2012) (unpublished decision). Minn. Stat. § 13D.06, subd. 4. See LMC information memo, LMCIT Liability Coverage Guide, for information about insurance coverage for lawsuits under the open meeting law. Minn. Stat. § 13D.06, subd. 4. A public body, subject to the open meeting law, can request an advisory opinion. A person who disagrees with the way members of a governing body perform their duties under the open meeting law can also request an advisory opinion. 2. Attorney General The Minnesota Attorney General is authorized to issue written advisory opinions to city attorneys on "questions of public importance." The Attorney General has issued several advisory opinions on the open meeting law. J. Penalties Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single occurrence. The public body may not pay the penalty. A court may consider a council member's time and experience in office to determine the amount of the civil penalty. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. In an unpublished decision, the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law. This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. The court may also award reasonable costs, disbursements, and attorney fees of up to $13,000 to any party in an action alleging a violation of the open meeting law. The court may award costs and attorney fees to a defendant only if the action is found to be frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. If a party prevails in a lawsuit under the open meeting law, an award of reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion from the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion. A court is required to give deference to the advisory opinion. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 25 RELEVANT LINKS: Minn. Stat. § 13D.06, subd. 4 (d). Coalwell v. Murray, No. C6-95-2436 (Minn. Ct. App. Aug 6, 1996) (unpublished decision). Elseth v. Hille, No Al2- 1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). Minn. Stat. § 13D.06, subd. 3 (a). Brown v. Cannon Falls Twp., 723 N.W.2d 31 (Minn. Ct. App. 2006). Minn. Stat. § 13D.06, subd. 3 (b). Minn. Const. art. VIII, § 5. Jacobsen v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). Jacobsen v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Sullivan v. Credit River Twp., 299 Minn. 170, 217 N.W.2d 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Township, 217 N.W.2d 502 (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was intent to violate the open meeting law. If a person is found to have intentionally violated the open meeting law in three or more separate actions involving the same governing body, that person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. If a court finds a separate, third violation that is unrelated to the previous violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case of any other vacancy. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. To constitute malfeasance or nonfeasance, a public official's conduct must affect the performance of official duties and must relate to something of a substantial nature directly affecting the rights and interests of the public. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is described as neglect or refusal, without sufficient excuse, to perform what is a public officer's legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. The open meeting law does not address whether actions taken at a meeting that does not comply with its requirements would be valid. Minnesota courts have generally refused to invalidate actions taken at an improperly closed meeting because this is not a remedy the open meeting law provides. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 26 RELEVANT LINKS: Quast v. Knutson, 276 But the Minnesota Supreme Court has held that an attempted school district Minn. 340,150 N.W.2d 199 (1967). consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III. Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city's problems and help create support for programs suggested by the council. Minn. Stat. § 13D.01, subd. Citizens must be able to hear the discussion at a meeting and must be able 6. to determine who votes for or against a motion. DPO 08-015. DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or Minn. Stat. § 412.191, otherwise participate in any discussions unless the mayor or the presiding subd. 2. officer recognizes them for this purpose. The decision to recognize speakers is usually up to the mayor or presiding officer, but the council can overrule this decision. The council can, through a motion, decide to hear one or more speakers from the audience. Participation in council meetings can be intimidating for the average citizen. Councils should make sure citizens are invited to participate when appropriate and listened to with courtesy. Individual council members should not argue with citizens. Citizens attend council meetings to give information for the council to consider. Discussions or debates between individual council members and citizens during council meetings is inappropriate and may reflect badly on the decision -making process. B. Recording and broadcasting of meetings A.G. Op. 63a-5 (Dec. 4, The public may make an audio or videotape of an open meeting if doing so 1972). does not have a significantly adverse impact on the order of the meeting. The city council may not prohibit dissemination or broadcast of the tape. Minn. Stat. § 13.03, subd. Cities may also choose to record council meetings. The recording is a 1. Minn. Stat. § 13.02, subd. 7. government record that must be kept in compliance with the city's records - retention policy. It must also be made available to the public if it contains public data. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 27 RELEVANT LINKS: Minn. Stat. § 13D.05, subd. All closed meetings, except meetings closed under the attorney -client 1(d). See Part II-F for more information about the privilege, must be electronically recorded at the city's expense. Unless exceptions to the open otherwise provided by law, the recordings must be preserved for at least meeting law. three years after the date of the meeting. Minn. Stat. § 363A.12. Many cities broadcast their council meetings over cable television. 42 U.S.C.§§ 12101-12213. 28 C.F.R. § 35.160. See Broadcasts may need to be closed -captioned or signed to provide effective Effective Communication, communication for persons with disabilities. U.S. Department of Justice. While the Americans with Disabilities Act has always required cities to provide auxiliary aids and services when necessary to ensure effective communication, federal regulations now specifically allow for the use of video remote -interpreting services if the city complies with certain performance standards addressing high-speed internet connection, video and audio quality, and user training. 28 CY R § 35.160. The regulations also provide guidance on cities' obligations to communicate with disabled family members and other companions and on Bahl v. Ramsey County, using children as interpreters (which is prohibited unless no other 695 F.3d 778 (8th Cir. 2012). interpreter is available, and an emergency situation exists). A city should Loye v. Dakota County, 625 never require an individual to bring his or her own interpreter but may F.3d 494 (8th Cir. 2010). honor a specific request to allow an adult accompanying a disabled individual to interpret where reliance on that person is appropriate. C. Meeting room Minn. Stat. § 144.414, State law prohibits smoking at a public meeting to protect city employees subd. 1. Minn. Stat. § 144.412. and the public from the hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices. This prohibition also applies to the use of electronic cigarettes. Minn. Stat. § 363A.12, Both the meeting and the meeting room must be accessible. To ensure subd. 1.42 U.S.C. §§ 12101-12213. see U.S. accessibility, the meeting should be located in a room that all people, Department of Justice, civil including people with disabilities, can access. Rights Division, The ADA and City Governments: Common Problems (2008). D. Maintaining order Minn. Stat. § 412.191, Although meetings must be open to the public, individuals who are noisy or subd. 2. Minn. Star. § 609.72, subd.l(2). unruly do not have the right to remain in council chambers. Note: The Minnesota When individuals abuse their right to be present in the council chamber, the Supreme Court held that this statutory provision is mayor, as presiding officer (subject to being overruled by the council), unconstitutional in violation should order their removal from the room. If the presiding officer fails to of the First Amendment because it is overbroad. act, the council may, by motion, issue such an order. The council has authority to preserve order at its meetings. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 28 RELEVANT LINKS: See State v. Hensel, 901 When individuals abuse their right to be present in the council chamber, the N.W.2d 166 (Minn. 2017). State v. Occhino, 572 mayor, as presiding officer (subject to being overruled by the council), N.W.2d 316 (Minn. Ct. should order their removal from the room. If the presiding officer fails to App. 1997). Steinburg v. Chesterfield County act, the council may, by motion, issue such an order. The council has Planning Comm'n, 527 authority to preserve order at its meetings. The council can use necessary F.3d 377 (4th Cir. 2008). force, including use of the police, to carry out the mandate. If a person is excluded from a meeting, the council should provide an opportunity for the excluded person to give his or her interpretation of the exclusion to a designated city staff member to satisfy any due -process concerns. See Section I-F for more If the audience becomes so disorderly that it is impossible to carry on a information about adjourned meetings. meeting, the mayor can declare the council meeting adjourned to some other time. The members of the council can also move for adjournment. No matter how disorderly a meeting may be, it is a legal meeting and any action the council takes in proper form is valid. The council cannot issue contempt citations against individuals whose disorderly conduct disrupts or interferes with the transaction of city business. E. Rules of order Minn. stat. § 412.191, The city council has the power to regulate its own procedure, including subd. 2. meeting procedures. The most efficient and effective way to manage meetings and reduce the risk of mishandling important matters is by adoption of, and general adherence to, rules of order. These are rules designed to preserve order, expedite business, and protect the rights of those involved in making decisions. Rules of order are also referred to as parliamentary rules of procedure, parliamentary procedure, rules of procedure or procedural rules. The best rules of order are written, formally adopted and easy enough to allow every member to participate as fully as possible. It's very important to adopt written rules of order before there is a problem that rules of order could solve. If a meeting becomes contentious for whatever reason, it may be impossible to get back on track if there isn't already agreement on how the meeting should proceed. Most cities formally or informally follow some version of Robert's Rules of Order, even though these rules are long, complicated and not ideally suited for smaller bodies made up of individuals with limited time or experience See Minnesota Mayors in rules of order. The League and Minnesota Mayor's Association provide a Handbook for sample Rules sample of simplified rules of order (complete with a 2-page cheat sheet) in of Order for City Councils. the Minnesota Mayor's Handbook. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 29 RELEVANT LINKS: 1. Agendas The bylaws should establish an order of business and a process for placing items on an agenda. Many councils have found the following order of business convenient: • Call to order • Roll call • Approval of minutes from previous meeting • Consent agenda • Petitions, requests, and complaints • Reports of officers, boards, and committees • Reports from staff and administrative officers • Ordinances and resolutions • Presentation of claims (The authorization for paying city claims and bills are often included in the consent agenda.) • Unfinished business • New business • Miscellaneous announcements • Adjournment 2. Consent agenda By resolution or through bylaws, a council may establish a consent agenda containing routine, non -controversial items that need little or no deliberation. The clerk or the person responsible for placing items on the agenda prepares the consent agenda. By a majority or higher vote, the council can approve all actions on the consent agenda with one vote. If a council member objects to an item being placed on the consent agenda, it should be removed and acted on as a separate agenda item. 3. Tips for managing meetings In addition to the consent agenda, councils may consider the following suggestions for managing meetings. Council bylaws may set a closing date for placing items on the agenda. For example, the clerk must receive all requests to include items on the agenda five days before the meeting. This is especially important if council members need to review written material before the meeting. The council might make an exception in special situations. The council should set a definite time for adjournment and observe this rule. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 30 RELEVANT LINKS: At some time during the meeting, often at the beginning, many city 834 VOICE v. Indep. seh. councils establish a specific time when citizens can present concerns to the Dist. No. 834,893 N.W.2d council. In such an open forum, the mayor or presiding officer should 649 (Minn. Ct. App. 2017) (upholding school board's provide a limited time for each person who wishes to speak. No action public speaking time should be taken on any of the issues raised. Rather, if appropriate, the restrictions). issues should be placed on the agenda of a future council meeting. When the council is going to discuss a major public issue, the bylaws, or the council, by resolution, may provide a limited, specific amount of time for each side to express its views. The council may also follow this procedure for all items on the agenda. F. Voting procedures State law does not regulate the process of council voting. The council may generally use whatever procedures it prefers, subject to charter provisions in home rule charter cities. The council's bylaws can include voting rules. Otherwise, the council may use voice voting or standing voting unless a council member calls for Minn. Stat. § 13D.01, subd. voting by ballot. The bylaws can also set the order in which council 4. members vote. Whether the vote is unanimous or not, the minutes must record the votes of the members of the council and the vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. Mankato Free Press v. City In addition, The Minnesota Court of Appeals has concluded that secret of North Mankato, 563 N.W.2d 291 (Minn. Ct. voting violates the purposes of the open meeting law. App. 1997). DPO 10-011. See LMC "open" The Court of Appeals reasoned that a meeting is not open to the public if information memo, Meetings of City Councils voting is conducted in secret because it denies the public the right to for more information about observe the decision -making process, to know council members' stance on voting. issues, and to be fully informed about the councils' actions. G. Role of the mayor and clerk Mayors have the same powers as council members to make, second, and vote on motions in statutory cities. The mayor does not have a veto, and the Minn. Stat. § 412.02, subd. mayor generally may not vote twice to break a tie. If there is a tie vote in 2a. Minn. Stat. § 412.191, subd. 2. Minn. Star. § filling a vacancy in elective office, however, the mayor must break the tie 412.121. by making the appointment. The mayor presides at council meetings, and See LMC information memo, Role With It: the clerk keeps the minutes. In the absence of the mayor, the acting mayor Individual versus Council must perform the mayor's duties. The acting mayor is chosen at the first Authority. meeting each year. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 31 RELEVANT LINKS: In some charter cities, the mayor has veto power. Charter cities should consult their charters for more information. In Plan A or Plan B statutory cities, the clerk attends council meetings and records the minutes but may not make, second, or vote on motions. In addition, unless the council extends the privilege, the clerk lacks the right to participate in discussions. Minn. Stat. § 412.191. In Standard Plan statutory cities, the clerk is an elected member of the council and has the same voting powers as the other council members. Charter cities should consult their charters for more information about the clerk's role. H. Minutes of council meetings Minn. Stat. § 15.17. Minn. The council must keep a full and accurate record of its actions at every Stat. § 412.151, subd. 1. council meeting. In statutory cities, the clerk records the council proceedings in a minute book. In the clerk's absence, the council should delegate the duty of taking minutes for that meeting. The clerk determines the actual wording of the minutes, unless the council adopts a standard form by motion or specifically directs the clerk to change the wording. The minutes should be written in language average citizens can understand. Reference to numbers of ordinances, resolutions, and other matters also should include a brief description of their subject matter. A.G. Op. 470-c (Feb. 18, If the council finds a mistake in the minutes of the previous meeting, the 1959). clerk should correct the minutes. If the clerk declines, the council can order the change by motion and a vote. The clerk must then make the change and show in the minutes that the change was made by order of the council. Once the council has formally approved the minutes of any meeting, they should not be changed under any circumstance. The council can dispense with the reading of the minutes if all council members have received them prior to the meeting. Minn. Stat. § 412.221, The council must provide books and stationery for keeping minutes. State subd. 1. Minn. Stat. § 15.17, subd. 1. law requires all cities to keep minutes on a physical medium that is of a quality that will ensure permanent records. Minn. Stat. § 412.151, Because minutes would likely be considered official papers of the city, they subd. 1. should be signed by the clerk. Although not required by law, in many cities the mayor also signs the minutes after the council approves them. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 32 RELEVANT LINKS: For more information, see LMC information memo, Data Practices: Analyze, Classify, Respond. Minn. Stat. § 13D.01, subd. 5 DPo 22-002 Minn. Stat. § 412.191, subd. 3. Minn. Star. § 331A.01, subd. 10. Minn. Stat. § 331A.08, subd. 3. Minn. Stat. § 412.191, subd. 3. Minn. Stat. § 13D.01, subd. 4. Minn. Stat. § 412.191, subd. 3. Minn. Star. § 331A.01, subd. 6. If the minute book includes only a clipping from the published proceedings, the clerk should sign the clipping even though the signatures of the clerk and mayor are already printed on the clipping. Minutes of open meetings are public records and must be open to the public during all normal business hours where records of the public body are kept. 1. Publication of council minutes After every regular or special meeting, statutory cities with populations over 1,000 (according to the latest federal census) must publish the official council minutes or a summary of the official minutes unless the city alternatively chooses to mail (at city expense) a copy of the minutes to any resident upon request. The summary must include action on motions, resolutions, ordinances, and other official proceedings. The summary must state that the full text of the official minutes is available for public inspection at a designated location or by standard or electronic mail. Publication of the council minutes must generally occur within 30 days of the meeting. If a city council does not conduct a regular meeting more than once every 30 days, however, the city does need not publish the meeting minutes until 10 days after they have been approved by the governing body. Cities with a population of less than 1,000 are not required to publish the council minutes but may choose to do so. The publication requirement in state law does not cover home rule charter cities; therefore, charter cities should consult their charter to determine whether it has publication requirements. 2. Content of council minutes The clerk must include the following information in the minutes: • The members of the public body who are present. • The members who make or second motions. • Roll -call vote on motions. • Subject matter of proposed resolutions or ordinances. • Whether the resolutions or ordinances are defeated or adopted. • The votes of the members of the council. • The vote of each council member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 33 RELEVANT LINKS: Minn. Stat. § 412.151, subd. 1. See Office of the State Auditor, Statement of Position: Meeting Minutes. Ordinances, resolutions, and claims considered by the council do not need to be fully detailed in the minutes if they appear in other permanent records kept by the clerk and can be accurately identified by the description given in the minutes. The Office of the State Auditor has recommended that meeting minutes include the following information in addition to the information required by state statute. • Type of meeting (regular, special, emergency, etc.). • Type of group meeting (whether the meeting is a meeting of the governing body or committee, for example). • Date and place the meeting was held. • Time the meeting was called to order. • Approval of minutes of the previous meeting, with any corrections. • Identity of parties to whom contracts were awarded. • Abstentions from voting due to a conflict and the member's name and reason for abstention. • Reasons the governing body awarded a particular contract to a bidder other than the lowest bidder. • Granting of variances and special use permits. • Approval of hourly rates paid for services provided, mileage rates, meal -reimbursement amounts, and per -diem amounts. • Listing of all bills allowed or approved for payment, noting the recipient, purpose, and amount. • List of all transfers of funds. • Appointments of representatives to committees or outside organizations. • Reports of the officers. • Authorizations and directions to invest excess funds, information on investment redemptions and maturities. • Time the meeting concluded. 3. Making an adequate record It is very important to make an adequate record of council decisions and of the information on which council members base their decisions. Minutes are the primary record of the decision -making process and are critical if council actions are challenged. Council actions are generally classified as either legislative or administrative in nature. The establishment of general policies and procedures is legislative action and is subject to limited judicial review. Courts typically will not substitute their judgment for a council's judgment on these topics. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 34 RELEVANT LINKS: Administrative or quasi-judicial actions involve the application of a general policy to a specific person or situation. An example of a quasi-judicial decision is a city council's decision regarding whether an applicant has satisfied the criteria for a conditional use permit. Administrative actions are subject to greater judicial scrutiny, and will be set aside if they are arbitrary, unreasonable, or capricious. Therefore, it is important for the council to develop an accurate record and findings. Metro 500, Inc. v. City of For a court to meaningfully review council actions, the minutes must Brooklyn Park, 297 Minn. 294, 211 N.w.2d 358 clearly and precisely state the council's findings of facts and how those (1973). Inland Constr. Co. facts led to the council's decision. Findings of fact serve not only to v. City of Bloomington, 292 Minn. 374,195 N.w.2d improve the decision -making process, but also aid in judicial review. The 588 (1972). Bank of findings are part of the record. When a court reviews council proceedings it America, FSB v. City of St. Paul, No. C7-97-1073 will rely on the records the city actually kept and not on the records the city (Minn. Ct. App. Feb. 17, might have maintained. 1998) (unpublished decision). See Handbook, Comprehensive Planning, Land Use, and City Owned Land. 4. Parts of the record When the city council or other public body holds a hearing, the record usually consists of two separate parts: the transcript, which preserves testimony, and the final order or determination. Following is a sample final - order outline for a conditional use permit. The elements of the order reflect the steps taken by a hearing body in arriving at a decision. • A caption or title, such as, "In the matter of Ms. X's application for a conditional use permit." • A preamble that summarizes the council's actions at the hearing and states the purpose of the application. • Findings of fact (individually numbered). • Conclusions or reasons. • A decision. • An opinion (if any). • A copy of the transcript, tape recording or, at minimum, detailed minutes that include all objections and rulings on them (if any). When a council prepares precise findings of relevant facts, the result is a well -reasoned decision. When a council can demonstrate its conclusions are consistent with all the facts in the record, its decision is likely to be upheld if challenged. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 35 RELEVANT LINKS: The record should also demonstrate compliance with all constitutional requirements, as well as with all procedural requirements. Often, due - process deficiencies, such as lack of notice, provide grounds for appeal. IV. Motions, resolutions, and ordinances A. Passing motions, resolutions, and ordinances See section tv C - Any council member, including the mayor, may introduce an ordinance or Ordinances for information regarding the requirements resolution. When ordinances or resolutions are before the council, the for providing notice of council may act upon them at once, refer them to a committee for study and proposed ordinances. recommendation, postpone consideration to some future time, or take any of the other subsidiary or privileged motion actions. After the council has completed all consideration and discussion of the matter, the presiding officer should read the ordinance or resolution and call for a vote. If the council decides to refer the matter to a committee, the committee may investigate and recommend passage of the ordinance or resolution in its original form or in an amended form, or it may reject the ordinance or resolution. Debate on the ordinance or resolution may take place at the time of its introduction, while a committee is considering it, and after the committee has reported its findings and recommendations. Most resolutions and procedural motions of the council must receive a majority of the votes cast to be adopted. To illustrate: if two members of the council vote in favor of a resolution, one votes against it, and two abstain from voting, the resolution passes. State law requires some resolutions to be adopted by more than a majority Minn. stat. § 412.191, subd. 4. of those voting on the resolution. For example, a resolution to approve Minn. stat. § 412.851. summary publication of an ordinance requires a four -fifths vote of the members of the council. Likewise, a four -fifths vote of the members of the council is required to vacate a street. Minn. stat. § 412.191, Ordinances in statutory cities must be enacted by "a majority vote of all the subd. 4. members of the council," except where a larger number is required by law. Minn. stat. § 462.357, Therefore, on a five -member council, an ordinance would need at least subd. 2b. three favorable votes to pass. State law requires a larger number in some circumstances. For example, a two-thirds vote of all the members of a city council is required to change the classification of land in a zoning district from residential to commercial or industrial. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 36 RELEVANT LINKS: B. Differences between motions, resolutions, and ordinances 1. Motions A motion is a matter of the rules of order. Motions generally are made orally and may introduce ordinances and resolutions, amend them, and take any other action. 2. Resolutions Linaahl v. rndep. seh. Dist. A resolution is essentially a formal, written expression of an approved No. 306,270 Minn. 164, 133 N.W. 2d 23 (Minn. motion. Councils should use resolutions for any action of a temporary, 1965). routine, or administrative nature. For example, resolutions should be used to approve contracts and may be helpful to record findings of fact regarding planning and zoning decisions. Courts may view motions that are approved and recorded to be the equivalent of resolutions. A resolution must be used when required by law, for example, a resolution must be used when approving a contract under an exception to the conflict of interest prohibition. If the council has any doubt whether a motion or a resolution is necessary Minn. Stat. § 471.89. to take a particular action, it is generally best to proceed as if the action requires a resolution. Standard Resolution In its traditional form, a resolution begins with a "whereas" clause or Template, LMC Model Resolution. clauses explaining the reason for the action, followed by the substance of the resolution beginning with "Therefore, be it resolved" or some similar phrase distinguishing the action from "The council ordains" enacting clause of an ordinance. In more recent practice, the preamble is omitted and the material setting out the reason for the action is given as a separately numbered section or sections of the body of the resolution. 3. Ordinances See, Hanson v. City of If the council has any doubt whether a resolution or an ordinance is Granite Falls, 529 N.W.2d 485 (Minn. Ct. App.1995). necessary to take a particular action, it is generally best to proceed as if the action requires an ordinance. Any council enactment that regulates people or property and provides a penalty if violated should be adopted in the form of an ordinance. As a result, the council must pass, in ordinance form, all police regulations for public health, morals, economic well-being, welfare, and safety. Ordinance regulations should be of general application within the city, and of a permanent and continuing nature. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 37 RELEVANT LINKS: Minn. Stat. § 609.0332. Violations of an ordinance may be specified in the ordinance to be either a Minn. Stat. § 609.034 (increased the maximum misdemeanor or a petty misdemeanor. State law establishes the maximum fine to $1,000 penalty for each violation. The maximum penalty for a misdemeanor is a (misdemeanors) and $300 (petty misdemeanors)). $1,000 fine or imprisonment for up to 90 days, or both. The maximum State v. Weltzin, 618 penalty for a petty misdemeanor is a $300 fine. Generally, if an ordinance N.W.2d 600 (Minn. Ct. App. 2000). does not provide for the penalty of imprisonment, individuals prosecuted for its violation are not entitled to a jury trial. State law requires city councils to adopt ordinances to take certain actions, including the following: Minn. Stat. § 44.02. • Establish a municipal merit system. Minn. Stat. § 160.232(d). • Authorize mowing of ditches outside city. Minn. Stat. § 205.07, subd. 1. Hold elections in odd number years and set transition terms. Minn. Stat. § 238.084. • Grant cable franchise. Minn. Stat. § 272.67. • Create urban and rural service districts. Minn. Stat. § 273.1321, • Establish a program to encourage redevelopment of vacant commercial subd. 1. properties. Minn. Stat. § 299F.362, • Adopt more restrictive rules for installation of smoke detectors in subd. 9. single-family homes. Minn. Stat. § 346.47, subd. 2. . Establish a longer time for redemption of impounded animals. Minn. Stat. § 349.213, • Require an organization conducting lawful gambling to make an subd. 1(f). expenditure to the city. Minn. Stat. § 410.12, subd. 5. propose amendments to a home rule charter. Minn. Stat. § 412.02, subd. • Establish conditions under which a special election to fill a vacancy will 2a. be held. Minn. Stat. § 412.02, subd. • Combine or separate the office of clerk and treasurer. 3. Minn. Stat. § 412.591, subd. 2. Minn. Stat. § 412.02, subd. • Submit question to voters to increase or reduce number of council 6. members. Minn. Stat. § 412.021, • Set the initial salaries for mayor and council member upon subd. 5. incorporation. Minn. Stat. § 412.022, subd. 1. . Establish a four-year term or reestablish a two-year term for ma fY Y or. Y Minn. Stat. § 412.151, subd.2. . Delegate bookkeeping duties of clerk to another officer or employee. g p g • Regulate the use of streets and other public grounds to prevent Minn. Stat. § 412.221, encumbrances or obstructions, and to require the owners or occupants subd. 6. of buildings and the owners of vacant lots to remove any snow, ice, dirt or rubbish from sidewalks, and to assess the cost of removal against the owners. Minn. Stat. § 412.221, . Regulate the setting out and protection of trees, shrubs, and flowers in subd. 8. the city or upon its property. Minn. Stat. § 412.221, • Regulate the use of wells, cisterns, reservoirs, waterworks, and other subd. 11. means of water supply. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 38 RELEVANT LINKS: Minn. Stat. § 412.221, • Regulate the location, construction, and use of piers, docks, wharves, subd. 12. and boat houses on navigable waters, and to maintain public docks and warehouses. Minn. Stat. § 412.221, subd.14. . Regulate tourist camps and automobile parking facilities. p p g Minn. Stat. § 412.221, • Establish a hospital board and authorize it to establish a separate fund in subd. 16. the city treasury. Minn. Stat. § 412.221, subd.17. . Prevent control or extinguish fires. > > i • Name or rename streets and public places, number and renumber the subd. 18tat. § 412.221, lots and blocks of the city and make and record a consolidated plat of the city. Minn. Stat. § 412.221, subd. 19. Minn. Stat. § • License and regulate transient merchants, dealers, hawkers, peddlers, 330.025. Minn. Stat. § solicitors, and canvassers. (Cities can no longer license auctioneers.) 437.02. subd. MinnZSOtat. § 412.221, . License taxis and automobile rental agencies. Minn. Stat. § 412.221, • Regulate animals, including the keeping of animals, running of animals subd. 21. at large, and impounding of animals. Minn. Stat. § 412.221, • Establish various health regulations, including establishing a board of subd.22. health. Minn. Stat. § 412.221, subds. 23, 24. . Regulate nuisances and noise and disorder. subd. Minn25tat. § 412.221, 0 Regulate amusements. Minn. Stat. § 412.221, subd. 26. Restrain vice. subd. MinnZStat. § 412.221, 7. . Regulate public dances. Minn. Stat. § 412.221, subd. 28. Minn. Stat. § • Regulate the construction of buildings. (The city only may adopt 326B.121. regulations found in the state building code). subd. 30tat. § 412.221, . License and regulate restaurants. subd. 31tat. § 412.221, Require sewer connections. Minn. Stat. § 412.331. • Create a utility commission. Minn. Stat. § 412.501. • Create a park board if the city's population is more than 1,000. • Provide for the governance and good order of the city; the prevention of Minn. Stat. § 412.221, vice; the prevention of crime; the protection of public and private subd. 32. property; the benefit of residence; trade and commerce; and the promotion of health, safety, order, convenience, and the general welfare. Minn. Stat. § 412.671. • Enact an administrative code. Minn. Stat. § 412.681. • Plan B cities: create or abolish officers subordinate to the city manager. • Plan B cities: adopt regulations for safekeeping and disbursement of Minn. Stat. § 412.741. funds. Minn. Stat. § 412.751. • Plan B cities: authorize issuance of emergency debt certificates. Minn. Stat. § 413.02. • Change name of city. Minn. Stat. § 414.033. • Annex property by ordinance. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 39 RELEVANT LINKS: • Declare codification of ordinances to be prima facie evidence of the Minn. Stat. § 415.02. law. Minn. Stat. § 415.11. • Set the salaries for mayor and council members. Minn. Stat. § 416.01. • Establish memorials for veterans. Minn. Stat. § 419.01. • Create a police civil service commission; combine police civil service Minn. Stat. § 419.02. commission with existing fire commission. Minn. Stat. § 420.01. • Create a fire civil service commission. Minn. Stat. § 428A.02. • Establish a special services district. Minn. Stat. § 428A.13, subd.2. Adopt housing improvement area. p g p Minn. Stat. § 429.061, subds. 1 and 3. . Authorize partialprepayment of a special assessment. p Minn. Stat. § 429.101. • Collection of unpaid special charges. • First class cities: various activities related to parks, parking lots, and Minn. Stat. § 430.01. pedestrian malls. Minn. Stat. § 435.193. • Adopt standards for deferring assessments for senior, disabled, or military persons. Minn. Stat. § 435.26. • First class cities: issue certificates of indebtedness for sprinkling streets. Minn. Stat. § 435.44, subd. 1. • Establish a sidewalk improvement district. Minn. Stat. § 440.11. • Change street name. Minn. Stat. § 440.37. • First class city: extend street outside corporate limits. • Elect to exercise powers granted in Minn. Stat. §§ 441.47-.55 (toll Minn. Stat. § 441.48. bridges). Minn. Stat. § 441.49. • Issue revenue bonds for toll bridges. • Establish tolls for toll bridges and create fund for certain revenue from Minn. Stat. § 441.50. toll bridges. Minn. Stat. § 443.015. • Assess costs for garbage collection. Minn. Stat. § 443.28. • First class cities: establish rates for operation of solid waste facilities. Minn. Stat. § 443.31. • First class cities: regulate garbage collection. • First class cities: impose penalties related to garbage accumulation, Minn. Stat. § 443.35. collection, or disposition. Minn. Stat. § 444.17. • Establish a storm sewer improvement tax district. Minn. Stat. § 447.41. • Establish and make rules for operation of nursing home. Minn. Stat. § 448.54. • First class cities: adopt penalties for violations relating to parkways. Minn. Stat. § 449.15. • Impose license fee on amusement machines. Minn. Stat. § 450.20. • First class cities: establish city art commission. • First class cities: permit public service corporation to use streets to Minn. Stat. § 451.07. supply utilities. • First class cities: own, construct, acquire, purchase, maintain, operate, Minn. Stat. § 452.08. or lease any public utility. • First class cities: issue certificates of indebtedness for operation of a Minn. Stat. § 452.09. public utility. Minn. Stat. § 458.33. • First class cities: issue and sell bonds to pay for levees. Minn. Stat. § 459.14. • Set fees for parking facilities. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 40 RELEVANT LINKS: Minn. Stat. § 461.19. • Regulate tobacco. Minn. Stat. § 462.353. • Adopt and amend a comprehensive plan. • Establish planning and zoning fees. (Cities that collect an annual total Minn. Stat. § 462.353, of $5,000 or less, however, may simply refer to a fee schedule in their subd. 4. planning and zoning ordinances. The fee schedule may be adopted by ordinance or resolution following public notice and hearing). Minn. Stat. § 462.355. • Adopt an interim ordinance. Minn. Stat. § 462.357, subd. le. Regulate nonconformities. Minn. Stat. § 462.357, subds. 1 and 4. • Adopt and amend a zoning ordinance. 1� g Minn. Stat. § 462.358. • Adopt and amend subdivision regulations. Minn. Stat. § 463.251, subd. 4. . Provide for emergency securing of vacant buildings. g Y g g • First class cities: adopt survey and map before diversion of stream; Minn. Stat. § 465.30. Minn. Stat. § 465.30. appoint appraisers to determine damages for use of eminent domain pp pp g authority. • First class cities: prescribe penalties for violation related to diverted Minn. Stat. § 465.48. channel. Minn. Stat. § 465.74, subd. 5. Grant a district heating franchise. Minn. Stat. § 471.193. • Establish and regulate a heritage preservation commission. Minn. Stat. § 471.195. • Provide for custody and disposal of unclaimed property. Minn. Stat. § 471.345, subd.7. • Establish prevailing d working conditions. 1� g wage ang Minn. Stat. § 471.57. • Establish public works reserve fund. Minn. Stat. § 471.635. • Regulate location of firearms dealers. • Prohibit trespassing for purpose of consuming alcohol or controlled Minn. Stat. § 471.985. substances. Minn. Stat. § 471.9996, subd. 2. . Establish rent control. Minn. Stat. § 473.192, • Metropolitan area cities in aircraft noise zones: regulate building subd. 3. methods to reduce the effect of airport noise. • Metropolitan area cities: adoption of model ordinances to protect Minn. Stat. § 473.206. resources. • Metropolitan area cities: regulate horns, whistles, and warnings of light Minn. Stat. § 473.4055. rail transit vehicles. Minn. Stat. § 475.53, subd. • Reserve a portion of unencumbered debt limit related to a solid waste 8. disposal facility. Minn. Stat. § 473.811, • Metropolitan area cities: regulate solid waste collection and subds. 4a and 5. management. Minn. Stat. § 475.525, • Authorize housing and redevelopment authority to issue district heating subd. 3. bonds. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 41 RELEVANT LINKS: C. Ordinances Minn. Stat. § 412.191, Only the city council has the power to enact ordinances. Generally, subd. 4. A.G. Op. 4720 (July 31,1959). ordinances do not need voter approval. The statutes do not authorize a Minn. Stat. § 412.221, council to seek voter consent to a proposed ordinance or even to ask for an subd. 33. advisory opinion on its desirability. In home rule charter cities, the charter may provide for voter approval of or advisory elections on particular ordinances. Mangold Midwest Co. v. City councils can only deal with subjects that the Legislature has expressly Village of Richfield, 274 Minn. 347,143 N.W.2d authorized them to act on or that directly relate to a statutory grant of 813 (1966). authority. In some areas, statutory cities may enact ordinances on subjects City of Birchwood Village v. Simes, 576 N.W.2d 458 state law already regulates, if the ordinances are consistent with state law. (Minn. Ct. App.1998). But the city's regulation of an area, including those areas where authority Nordmarken v. City of Richfield, 641 N.W.2d 343 may be generally granted in the statutory city code, may be pre-empted if (Minn. Ct. App. 2002). state law has so extensively regulated a particular area of law that it has become solely a matter of state concern. In addition, councils must adhere to the following general requirements when enacting ordinances: Press v. City of . An ordinance must not be unconstitutionally vague. Ordinances must be Minneapolis, 553 N.W.2d 80 (Minn. Ct. App.1996). reasonably certain in their terms and set forth objective standards that State v. Becker, 351 provide adequate notice of what is required or prohibited. N.W.2d 923 (Minn. 1984). State v. Northwest Poultry & Egg Co., 203 Minn. 438, 281 N.W. 753 (1938). State v. Suess, 236 Minn. 174, 52 N.W.2d 409 (1952). State v. Hayes, CO-01-241 (Minn. Ct. App. Nov. 6.2001) (unpublished decision). Holt v. City of Sauk Rapids, . Ordinances must be consistent with the constitution and laws of the 559 N.W.2d 444 (Minn. Ct. App. 1997). Cascade Motor United States and Minnesota. (A city ordinance is presumed Hotel, Inc. v. City of constitutional so long as it is substantially related to health, safety, or Duluth, 348 N.W.2d 84 (Minn.1984). see City of the general welfare. It also must be reasonable; that is, it must be fair, Eveleth v. Town ofFayal, general, and impartial in operation.) C2-00-1882 (Minn. Ct. App. June 5, 2001) (unpublished decision). See cases cited above. • Ordinances must not limit or deny any common law or constitutional rights. State v. Hensel, No. Al5- . An ordinance must not be unconstitutionally overbroad. 005 (Minn. Sept. 13, 2017). • Ordinance provisions must not constitute an unreasonable restraint of trade. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 42 RELEVANT LINKS: See Handbook, Liability. When adopting an ordinance, city officials should be aware that the city Lorshbough v. Twp. of Buzzle, 258 N.W.2d 96 must follow any procedures established in the ordinance and that the city (Minn. 1977). Pelican Lake might be liable for not enforcing its ordinance. However, if the language of Property Owners Assn v. County of Crow Wing, Nos. the ordinance does not make its enforcement mandatory, the city may have C5-98-1549, C3-98-1940 discretion not to enforce it. Cities should not adopt or retain an ordinance (Minn. Ct. App. Aug. 17, 1999) (unpublished they do not intend to enforce. The council can adopt an ordinance to decision). respond to a pre-existing problem or nuisance, and the city may generally Schultz v. Frank, No. C1- 00-285 (Minn. Ct. App. prosecute a person who violates an ordinance after it has been adopted even Aug 1, 2000) (unpublished if the person began the activity prior to the existence of the ordinance. decision). State v. Howard, 360 N.W.2d 637 (Minn. Ct. App. 1985). 1. Form, content, and adoption of ordinances Because ordinances have the force and effect of law, their form is important. While the law does not require an attorney to draft ordinances, those who do draft ordinances should have a sound understanding of the law. The city should consult an attorney to help prepare its ordinances or to review them before they are adopted. Standard ordinance Ordinances must meet certain requirements and follow a certain form. Template, LMC Model Ordinance. Charter cities should also look to their own charter provisions for Minn. Stat. § 412.191, requirements about adopting ordinances. subd. 4. Minn. Stat. § 412.191, The procedural requirements for the adoption of ordinances in statutory subd. 4. cities are found in state statute that provides in part that all ordinances must be: • Approved by a majority of all members of the council, except where a larger number is required by law. • Signed by the mayor and attested by the clerk. See Part IV-C-3 • Published once in the official newspaper. There is an exception that Publication of ordinances. allows for summary publication under certain circumstances. a. Title Every ordinance should have a title that briefly yet adequately describes its contents. The phrases: "repealing ordinances inconsistent herewith" and "providing penalties for the violation thereof' should not be part of the title. b. Number Each ordinance should have an identifying number as part of its title. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 43 RELEVANT LINKS: c. Findings and purpose An ordinance should provide an explanation or findings of fact stating the reasons and authority for adopting the ordinance and describing its purpose. d. Enacting clause Minn. Stat. § 412.191, All ordinances, after a suitable title, should begin substantially in this form: subd. 4. "The City Council of ordains..." e. Body The text of the ordinance should be written in clear and brief terms. If definitions are helpful, they should be contained in one beginning section. The sections should be short to make subsequent amendments easier and cheaper. All sections and subsections should have a number and an identifying word or short title. f. Repeal If prior ordinances are to be repealed, a section to this effect should be included. Each ordinance to be repealed should be specifically referred to by number, title, and adoption date. g. Penalty Minn. Stat. § 412.231. This section is for enforcement purposes. Cities may impose maximum Minn. Stat. § 169.89, subd. 2. penalties for misdemeanors of a $1,000 fine or 90 days in jail, or both. In Minn. Stat. § 609.02, subds. addition, the costs of prosecution may be added. The maximum penalty for 3, 4a. Minn. Stat. § 609.0332. a petty misdemeanor is a fine of $300. Certain traffic offenses only may be Minn. Stat. § 609.034. prosecuted as petty misdemeanors. h. Closing The closing should read: "Passed by the (name of city) Council this (date) day of (month), (year)." If the council wants an effective date later than the date of publication, this section should state the effective date. L Maps A.G. op. 477-b-34 (Sept. If the ordinance refers to maps and they are an integral part of the 20, 1962). A.G. op. 59-a-9 (April 13, ordinance, they must be included in the published ordinance. Because it is 1957). expensive to publish maps, a city may choose to omit all reference to the map in the ordinance and rely instead on word descriptions. The city then could prepare a separate, unofficial map. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 44 RELEVANT LINKS: j. Notice of proposed ordinance Minn. Stat. § 415.19. Minn. State statute requires statutory and home rule charter cities to provide notice Stat. § 462.355, subd. 4. Notice ofProposed of most proposed ordinances at least ten days before the city council Ordinance, L,MC Model meeting at which the proposed ordinance is scheduled for a final vote. The Ordinance. ten-day notice requirements also apply to proposed amendments to an existing ordinance. These requirements do not apply to interim ordinances. Minn. Stat. § 415.19. If a city has an electronic notification system that distributes general city information or notices through email, it must provide notice of a proposed ordinance through this email system at least ten days before the proposed ordinance is scheduled for a final vote. If a city has an electronic notification system, the city must notify a person of this notification procedure at the time the person applies for a new business license or license renewal. Minn. Stat. § 415.19. If a city does not have an electronic notification system, it must post a proposed ordinance in the same location as other public notices at least ten days before the proposed ordinance is scheduled for a final vote. Minn. Stat. § 415.19. If the city posts ordinances on its website, it must also post a proposed ordinance on its website at least ten days before the proposed ordinance is scheduled for a final vote. If the city does not post ordinances on its website, the city does not have to comply with this requirement. Minn. Stat. § 415.19. Failure to provide notice of a proposed ordinance does not invalidate the ordinance. These requirements are minimum requirements. A city may provide more notice if it has the ability to do so. k. Deliberation The council should discuss the ordinance according to the council's rules before passing it, even though failing to abide by these rules probably would not invalidate an ordinance if it meets statutory requirements. The statutes do not specify that an ordinance in a statutory city must have a certain number of readings, nor do they require the council to consider it at more than one meeting. Unless the council has rules to the contrary, it may pass an ordinance at the same meeting at which it is introduced. Minn. Stat. § 415.19. See However, state statute requires statutory and home rule charter cities to Section W C 1 j - Notice of Proposed Ordinance for provide notice of most proposed ordinances at least ten days before the city more information about council meeting at which the proposed ordinance is scheduled for a final these notice requirements. vote. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 45 RELEVANT LINKS: I. Passage Minn. Stat. § 412.191, Ordinances in statutory cities must receive a majority vote of all the subd. 4. members of the council to pass, except where a larger number is required by law. This means, in effect, if the council has five members, at least three council members must vote in favor of an ordinance. Both the clerk and the mayor in Standard Plan cities have the power to vote on ordinances. The mayor has no veto power. m. Attestation Minn. Stat. § 412.191, After the council passes an ordinance, the mayor and the clerk must sign it. subd. 4. Minn. Stat. § 599.13. City ofAkeley v. The clerk should also affix the city seal to it. If either the mayor or clerk Nelson, No. C4-02-915 refuses to sign the ordinance, a court order can require them to do so if the (Minn. Ct. App. Nov. 25, 2003) (unpublished court finds that the ordinance is legal. decision). Union Public Service Co. v. Village of Minneota, 212 Minn. 92, 2 N.W.2d 555 (1942). n. Effective date Unless otherwise specified within the ordinance, an ordinance becomes Union Public Service Co. v. Village ofMinneota, 212 effective after its publication in the official newspaper. Before an ordinance Minn. 92, 2 N.W.2d 555 takes effect, it may be revoked or repealed by the city council by motion, (1942). resolution, or ordinance. 2. Ordinance book Minn. Stat. § 412.151, Each statutory city must maintain an ordinance book containing copies of subd. 1. Minn. Stat. § 412.191, subd. 4. all ordinances passed by the council. Every ordinance must be recorded in the ordinance book within 20 days of its publication. The ordinance book is a public record and is evidence in court. If the clerk uses printed copies of the ordinance clipped from the newspaper, a printer's affidavit should be attached to each ordinance in the book. The city should have a numbering system adequate for indexing its ordinances. In most small cities where there are few ordinances, chronological order is satisfactory. When the number of ordinances is large or when the city is recodifying its ordinances, a more complicated system of decimal numbers might be advisable. 3. Publication of ordinances The following publication requirements apply to statutory cities. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 46 RELEVANT LINKS: Minn. Stat. § 412.191, subd. 4. Minn. Star. § 331A.02. Minn. Stat. § 331A.04. See LMC information memo, Newspaper Publication, for more information. Minn. Stat. § 331A.05, subd. 2(c). A.G. Op. 277b-4 (Feb. 11, 1986). Minn. Stat. § 412.191, subd. 4. See Minn. Stat. § 331A.01, subd. 10. Every ordinance must be published once in the city's official newspaper. To qualify as an official newspaper, the newspaper must be a legal newspaper under state statute, and the council must have designated it as the city's official newspaper. Cities usually publish ordinances separately. If the city publishes them in full as part of the minutes, the publication meets all statutory requirements. An ordinance must be published within 45 days after being passed. Failure to publish within 45 days, however, will not necessarily invalidate the ordinance. A statutory city council may publish a summary of a lengthy ordinance. Publishing the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. To do this, the city council must do the following: • The council must determine that publication of the title and a summary of the ordinance would clearly inform the public of the intent and effect of the ordinance. • The council must approve summary publication by a four -fifths vote of its members. • The title and summary must conform to Minn. Stat. § 33IA. 01, subd. 10. • The summary must include notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the city clerk and at any other location designated by the council or by standard or electronic mail. • The council must approve the text of the summary prior to its publication and determine that it clearly informs the public of the intent and effect of the ordinance. • A copy of the entire text of the ordinance must be posted in the community library or, if no library exists, in any other public location designated by the council. • The text of the summary must be published in a font type no smaller than brevier or eight -point type. • Proof of the publication must be attached to and filed with the ordinance. It is advisable to use summary -publication authority in cases where the public interest in doing so is clear, as in the case of a lengthy and complex zoning ordinance where the length of the actual ordinance obscures its content, and where maps and descriptions of procedures can clarify the meaning. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 47 RELEVANT LINKS: W.H. Barber Co. v. City of Minneapolis, 227 Minn. 77, 34 N.W.2d 710 (1948). Minn. Stat. § 331A.05, subd. 6. Minn. Star. § 462.36. Minn. Star. § 507.093. Bruce Twp. v. Schmitz, No. A15-1163 (Minn. Ct. App. May 31, 2016) (unpublished decision). Minn. Star. § 471.62. Minn. Star. § 471.62. See also Raymond v. Baehr, 163 N.W.2d 51 (Minn. 1968) (holding a city may also incorporate a "public record" by reference in an ordinance). Another example might be an annexation ordinance containing legal property descriptions where a summary identifying the property by using popularly understood location points like a street or watercourse line would better inform the public of its purpose and intent. Errors in the publication of an ordinance may affect its validity. If the error is minor so that the correct meaning is clear from the context, the error has no effect on the ordinance's validity. When the error is more substantial, however, the ordinance provision containing the error is ineffective and void. In home rule charter cities, the charter can impose additional or special requirements for the publication of ordinances. 4. Recording A certified copy of every ordinance, resolution, map, or regulation relating to subdivisions, conditional use permits, and official maps must be filed with the county recorder. Failure to record an ordinance, resolution, map, regulation, variance or order shall not affect its validity or enforceability. 5. Adoption by reference Statutory and charter cities can reduce costs for publication when adopting certain complicated regulatory codes in ordinance form by using the process of adoption by reference. In effect, cities can adopt certain regulations by passing and publishing an ordinance that identifies the statute or other rule by name. Cities may only adopt regulations by reference on subjects about which they have authority to legislate. Cities may adopt the following by reference: • Minnesota statutes. • State agency administrative rules or regulations. • The state building code and the uniform fire code. • Codes (or parts of codes) prepared for general distribution in printed form as a standard or model by any governmental, trade, or professional association on the subject of building construction (limited to the state building code), plumbing, electrical wiring, flammable liquids, sanitary provisions, public health, safety or welfare. • Compilations or regulations or standards prepared by regional and county planning agencies on the subject of planning, zoning, subdivision regulation, and housing regulation. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 48 RELEVANT LINKS: Minn. stat. § 471.62. All other statutory publication requirements apply to the ordinance that incorporates another statute, rule, ordinance, or code by reference. In addition, prior to publication or posting, at least one copy of the incorporated statute, rule, ordinance, or code must be marked as the official copy and filed in the clerk's office for public use and examination. The clerk must furnish a copy of any incorporated statute or code to any person upon request. The clerk may levy a charge sufficient to cover the cost of providing the copy. A.G. Op. 59-a-9 (July 18, Codes, statutes, rules, regulations, and ordinances the council adopts by 1967). A.G. Op. 59-a-9 (March 27, reference remain effective in their original form until changed or repealed 1956). by the council. The city, when adopting the code by reference, most likely cannot stipulate that any future revisions by the issuing agency will be automatically incorporated by the city. If the city wishes to incorporate changes made by the issuing agency, the best practice would be for the city to pass an amending ordinance. 6. Alteration of ordinances a. Amendment See section iv C 1 j - The council must follow the same procedures for amending an ordinance as Notice of Proposed Ordinance for more those followed for passing the ordinance. A city must provide notice of a information about the proposed ordinance amendment at least ten days before the city council notice requirements of Minn. stat. § 415.19. meeting at which the proposed amendment is scheduled for a final vote. After the amendment is passed by a majority of all members of the council, it must be attested to, published, and included in the ordinance book. In addition, the form of the amendment should be like new ordinances with respect to title, enacting clause, body, closing, and signatures. The council cannot change an ordinance by resolution. Instead, it must pass an amending ordinance. Amending an Existing If the ordinance is short or if the changes are numerous, the council will Ordinance Template, LMC Model ordinance. usually re -pass the entire ordinance in its amended form, repealing the old ordinance in a separate section. An optional form would be to title the new ordinance as an amendment, and then recite the entire ordinance as it would read after amendment. If the ordinance to be amended is so long that the cost of publishing it in its entirety would be prohibitive, the council may pass an amending ordinance that sets forth only the sections that will change. The council may include several amendments to the same ordinance in different sections of the same amending ordinance. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 49 RELEVANT LINKS: The council should label an amending ordinance as such, and should state the ordinance and sections in the proposed changes. The council should avoid the practice of amending a single word or picking out a single sentence from a paragraph. This practice frequently leads to confusion. A better practice is to reprint the section or subsection in full as it would read after amendment. If the council wishes to re -number its present ordinances, it may pass a re- numbering ordinance. The city must publish the re -numbering ordinance, but it does not have to include the text of the old ordinances. b. Repeal See section tv C t j - A city may repeal an ordinance only by passing another ordinance stating Notice of Proposed Ordinance for more the title, number, subject, and date of the ordinance being repealed. The information about the ordinance must explicitly state it is repealing the ordinance. A city must notice requirements of Minn. stat. § 415.19. provide notice of the proposed repealing ordinance at least ten days before the city council meeting at which the proposed repealing ordinance is scheduled for a final vote. To repeal an ordinance, the council must follow the same requirements for adopting ordinances. The council can repeal any number of ordinances in a single repealing ordinance. Frequently, when a council passes a new ordinance or revises an ordinance, the new ordinance will contain provisions that are inconsistent with or replace similar provisions in an existing ordinance. Some cities insert a provision in the new ordinance repealing any or all ordinances or portions of ordinances inconsistent herewith. A better practice is to repeal, by name and number, any inconsistent provisions of former ordinances. If this is impractical, it is best to say nothing about the repeal of inconsistent ordinance provisions since the new ordinance automatically supersedes all inconsistent provisions in existing ordinances. 7. Codification of ordinances a. Purposes of codification Citizens have a right to know what their government requires of them. This is a fundamental due process right in our legal system. If a citizen is to know the law on a particular matter, he or she must first know where to find it. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 50 RELEVANT LINKS: If a citizen is interested in knowing the city's current law on a particular matter, where does the search begin? In the book covering the minutes for the last 65 years? In the clerk's files? In the basement of city hall? Depending on the current state of affairs in the particular city, the answer to any or all of these questions could be "yes." In assessing the need for codification, a city should begin by asking the following questions: What condition are the ordinances in? Are they organized in one place? Are they properly indexed? Are they cross- referenced? Are they up to date? Are they internally consistent? Are they in compliance with state and federal laws? Are they complete? A codification of city ordinances allows city officials to respond affirmatively to all of these questions. A proper codification project encompasses all of the following: • Identification of conflicting ordinances, and repeal or re -drafting of inconsistent or unclear ordinance provisions. • Removal of archaic and unconstitutional ordinances. • Development of a system that facilitates access to the city's laws and provides for continuous updating. • Development of comprehensive indexing and cross-referencing. • Review of the entire body of city ordinances for omissions. • Organization of city ordinances into an easy -to -use reference book known as the city code. Actual codes vary from the very simple to the very complex, depending partly on the size, age, and functions of the city. The simplest codes are compilations of all the ordinances currently in effect in the city, including the original title, number, enacting clauses, and concluding clause and signatures for each ordinance. Other codes re -number the ordinances to fit a subject -matter classification. Some other codes include new material adopted for the first time; in fact, in many instances, the whole code is adopted as new ordinance material even though much comes from existing ordinances in the same or slightly altered form. A well -drafted city code helps a city operate efficiently and effectively. Ordinances are grouped together by subject, not by the chronological order in which they were passed. This eliminates the need to sort through stacks of loose ordinances to find a regulation on a particular subject. Cities have a number of options for completing a codification of ordinances. Occasionally, the city attorney or city clerk will do the codification, but in many cases competing demands on their time make it difficult for them to undertake the project. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 51 RELEVANT LINKS: Cities can also hire private consulting firms that specialize in charter revision and ordinance codification. The League of Minnesota Cities, in consultation with its codification consultant, American Legal Publishing Corporation, provides codification For more information about services to cities. Most Minnesota cities that have codes use the League's Codification contact LMC Research at 800-925-1122 service. The service is designed to provide each city with a customized city or 651-281-1200. code that meets the needs of that particular city. The League, in consultation with American Legal Publishing Corporation, provides the following services as part of its codification service: • Sorting, integrating, and organizing all current ordinances. • Reviewing all ordinances and making suggestions about bringing them into compliance with current state and federal laws. • Simplifying and using gender -neutral language. • Suggesting new ordinances. • Numbering all sections to allow the easy insertion of future amendments. • Submitting a full -text draft for city review and approval. • Delivering multiple copies of the final code with a detailed table of contents and complete index. Options are available for electronic editions of the code with full text search capacity and Internet support of the city code with links to the city's designated website and to the League's website. • Updating existing codes by incorporating new ordinances into the code. For more information about The League also has available for purchase a basic city code for Minnesota the Minnesota Basic Code, contact LMC Research at cities, which can be customized by the League's codification service to (800) 925-1122 or (651) meet the needs of individual cities. 281-1200. b. Codification procedures Minn. Stat. § 415.02. The city council has authority to codify any general or special laws, ordinances, resolutions, rules, and bylaws in force in the city. An ordinance adopting a city code must be approved at a meeting of the Minn. Stat. § 412.191, subd. 4. city council. Cities should provide notice of a proposed ordinance adopting a city code at least ten days before the council meeting at which the Adoping a City Cade, LMC Model Ordinance. proposed ordinance is scheduled for a final vote. For statutory cities, an ordinance adopting the city code must be passed by See Section IV C 1 j - Notice of Proposed a majority vote of all the members of the council, unless it includes material Ordinance for more that must be adopted by a larger number. information about the notice requirements of Minn. Stat. § 415.19. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 52 RELEVANT LINKS: If your code, for example, amends any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, a two-thirds majority vote of all members of the city council is required to adopt that portion of the code. Whether a notice of hearing regarding adoption of a city code is required to Minn. Stat. § 462.357, be given to certain persons or to be published depends on the contents of subd. 3. the code. Published notice is generally not required for statutory cities to Hearing Notice on adopt a code unless the code contains a zoning ordinance or amendments to Adopting City Ordinance a zoning ordinance, or if the code includes a new ordinance or major Code, LMC Model Form. revisions to an existing ordinance, which, if adopted as a separate ordinance or as an amendment to a separate ordinance, would require published notice. Some city charters require a notice of hearing regarding adoption of a code to be published. Minn. Stat. § 462.357, Mailed, written notice is required in at least two circumstances. First, if a subd. 3. code contains an amendment from a previous ordinance that changes zoning -district boundaries affecting an area of five acres or less, written mailed notice must be given to each owner of affected property and property situated wholly or partly within 350 feet of the property to which Minn. Stat. § 461.19. the amendment relates at least 10 days before the day of the hearing. Second, if the code contains amendments to a previous ordinance relating to the sale of tobacco, or if it adopts the League's model tobacco ordinance, written notice must be mailed to all licensed tobacco retailers in the city at least 30 days before the meeting at which the ordinance or amendments to the ordinance will be considered. Minn. Stat. § 412.191, Once the ordinance adopting the code has been passed, the ordinance must subd. 4. be published in the manner required by law for statutory cities or by the city charter if applicable. For statutory cities, the ordinance takes effect on the date of publication unless otherwise specified in the ordinance. In some codes, provision is made for all fees to be adopted in a fee schedule adopted by a new ordinance that is not codified. This makes it possible to amend the fee schedule periodically without the need to make changes in the code. Notice of hearing on the ordinance establishing a fee schedule need not be given if the fees in the schedule are the same as they were under the ordinances that are being codified. If the fee increases are to be included in the ordinance establishing or Minn. Stat. § 340A.408, amending the fee schedule, written notice of the hearing should be mailed subd. 3a. at least 30 days before the hearing at which the ordinance is to be considered, to all persons who hold business licenses in the city whose license fees are to be increased. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 53 RELEVANT LINKS: This is required for liquor -license fees, and it is a good idea for other types of business -license fees as well. The hearing on the ordinance adopting the fee schedule can be held at the same time as the hearing on the adoption of the code. If not held at that time, it should be held soon after the hearing on the ordinance adopting the code. The ordinance adopting the code should also provide that until the fee schedule is adopted, existing fees continue until they are amended. Minn. Stat. § 415.021. The city may print and publish a code in book, pamphlet, or newspaper form. Newspaper publication is not necessary if the city prints a substantial number of copies of the code for general distribution to the public. A copy of any ordinances adopted by the city must be furnished to the county law library or its designated depository. A city, upon request, shall be reimbursed a reasonable charge by the county library for a copy furnished. Minn. Stat. § 415.02. A city council may declare, by ordinance, that the codification is prima Minn. Stat. § 599.13. facie evidence of the city's law. After three years, the compilation and publication of any codification book or pamphlet is conclusive proof of the regularity of the ordinances' adoption and publication. 8. Prosecution responsibilities Minn. Stat. § 412.231. The city council has the power to declare the violation of any ordinance to Minn. Stat. § 609.02, subds. 3, 4a. Minn. Stat. § be a crime and to prescribe penalties. The maximum penalty for a 609.034. Minn. Stat. § misdemeanor is a fine of $1,000 or imprisonment for 90 days, or both. The 609.0332. maximum penalty for a petty misdemeanor is a fine of $300. Minn. Stat. § 412.861, All prosecutions for ordinance violations are brought in the name of the city subd. 1. Minn. Stat. § 484.87, subd. 3. upon complaint and warrant as in other criminal cases. The city may hire an attorney, including the county attorney, for this purpose. Minn. Stat. § 412.861, If the accused is arrested without a warrant, a written complaint must be subd. 1. made. The accused must then plead guilty or not guilty, and a warrant shall be issued and served by either the sheriff or a police officer. The city may have the sheriff or a city police officer serve an ordinance violator with a warrant for the arrest. City police officers, however, cannot serve criminal warrants outside the city limits. Minn. Stat. § 412.861, The complaint must describe the violated ordinance at least by section and subd. 2. number or chapter. When the complaint describes ordinances in this manner, the court considers them general laws that do not need proof in evidence. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 54 RELEVANT LINKS: Minn. Stat. § 484.87 subd. In Hennepin and Ramsey Counties, the attorney for the city in which the 2. Minn. Stat. § 388.051, subd. 2. violation is alleged to have occurred prosecutes all violations of state laws (except as provided below and in Minn. Stat. § 388.051, subd. 2), including violations which are gross misdemeanors, and violations of municipal charter provisions, ordinances, rules, and regulations. Minn. Stat. § 484.87 subd. In Hennepin and Ramsey Counties, the county attorney prosecutes criminal 2. violations if either of the following occurs: Minn. Stat. § 484.87 subd. 2. • The county attorney is specifically designated by law as the prosecutor for the particular violation charged. • The alleged violation is of state law and is alleged to have occurred in a Minn. Stat. § 484.87 subd. city whose population according to the most recent federal decennial 2. census is less than 2,500 and whose governing body has accepted prosecution by the county attorney under this statute by majority vote, and if the defendant is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a member of the State Patrol. A city seeking to use the county attorney under this statute, shall notify the county board at least 60 days prior to the adoption of the board's annual budget. Minn. Stat. § 484.87 subd. In Anoka, Carver, Dakota, Scott, and Washington Counties, violations of 2. Minn. Stat. § 388.051, subd. 2. state law that are petty misdemeanors, misdemeanors, or gross misdemeanors (except as provided in Minn. Stat. § 388.051, subd. 2) must be prosecuted by the attorney for the city where the violation is alleged to have occurred. The city may enter into an agreement with the county board and the county attorney to provide prosecution services for any criminal offense. All violations of a city ordinance, charter provision, rule, or regulation must be prosecuted by the attorney for the city that promulgated it or by the county attorney with whom the city has contracted to prosecute these matters. Minn. Stat. § 484.87, subd. In all counties except Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, 3. Minn. Stat. § 609.52. Minn. Stat. § 609.535. and Washington counties, violations of state law that are petty Minn. Stat. § 609.595. misdemeanors or misdemeanors that must be prosecuted by the attorney of Minn. Stat. § 609.631. Minn. Stat. § 609.821. the city where the violation is alleged to have occurred, if the city has a population greater than 600. If a city has a population of 600 or less, it may, by council resolution and with the approval of the board of county commissioners, give the duty to the county attorney. In cities of the first, second, and third class, gross misdemeanor violations of sections 609.52, 609.535, 609.595, 609.631, and 609.821 must be prosecuted by the attorney of the city where the violation is alleged to have occurred. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 55 RELEVANT LINKS: The city may enter into an agreement with the county board and the county attorney to provide prosecution services for any criminal offense. All violations of a municipal ordinance, charter provision, rule, or regulation must be prosecuted by the attorney for the city that promulgated it, regardless of its population, or by the county attorney with whom the city has contracted to prosecute these matters. Minn. Stat. § 484.90, subd. In all cases prosecuted in district court by an attorney for a city for 6. violations of state statute, or of an ordinance, or charter provision, rule or regulation of a city (except for cases prosecuted in Hennepin County and Ramsey County), the court administrator pays fines and penalties to the state treasury and it is generally distributed as follows: (1) 100 percent of all fines or penalties for parking violations for which complaints and warrants have not been issued to the treasurer of the city or town in which the offense was committed; and (2) two-thirds of all other fines to the treasurer of the city or town in which the offense was committed and one- third credited to the state general fund. There is an exception to this division of fines and penalties under the state law relating to fines and forfeited bail money from state patrol traffic arrests. In these cases, the division of fines is as follows: Minn. Stat. § 299D.03, subd. 5 (a). • If the arrest occurs within a city and the city attorney prosecutes the offense and the defendant pleads not guilty, one-third of the money goes to the city, one-third to the state's general fund, and one-third is distributed as designated by state law between the Minnesota grade crossing safety account and the state trunk highway fund. Minn. Stat. § 299D.03, • In all other cases, three -eighths of the money goes to the state's general subd. 5 (a). fund, five -eighths is distributed as designated by state law between the Minnesota grade crossing safety account and the state trunk highway fund, and none to the city. V. Local approval of special laws Minn. Const. art. X11, § 2. Under the Minnesota Constitution, any law that affects a single unit of local Minn. Stat. § 645.021. government or a group of such units must name the unit or units. Also, the law generally does not take effect until a majority of the city council passes a resolution approving it. Unless otherwise required by the special law, the usual procedural requirements apply to resolutions. Publication is not necessary. Local approval is necessary except for the following cases: League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 56 RELEVANT LINKS: Minn. Stat. § 645.023, subd. 1. Minn. Stat. § 645.023, subd. 1. Minn. Stat. § 645.023, subd. 1. Minn. Stat. § 645.021, subd. 3. Minn. Stat. § 645.02. Approving a Special Law, LMC Model Resolution. A law enabling one or more local government units to exercise authority not granted by general law. A law bringing a local government unit within the general law by repealing a special law, by removing an exception to the applicability of a general statutory provision, by extending the applicability of a general statutory provision, or by reclassifying local government units. A law that applies to a single unit or a group of units with a population of more than one million people. When local action is necessary to approve the special law, the city must file a certificate of approval with the secretary of state. The secretary of state usually furnishes the city with certificate forms when the city receives notice of the passage of the special law. The local unit must approve the special law by the first day of the next regular session of the legislature for it to take effect. Special laws take effect the day after the city files the certificate of approval unless the special law provides otherwise. VI. How this chapter applies to home rule charter cities Several sections of this chapter may be useful to charter cities. The section on types of council meetings generally only applies to statutory cities, although the sections discussing meetings held by interactive technology, telephone or electronic meetings, and emergency meetings apply to all cities. The portions that discuss the open meeting law apply to all cities. The sections on agendas, rules of order, and making an adequate record apply to all cities, except that in some charter cities, mayors may not be members of the council, may not vote except in the case of a tie, and may have veto power. The section on motions, resolutions, and ordinances generally applies only to statutory cities. Home rule charter cities may have different requirements in their charters. The section on local approval of special laws, applies to all cities. Under the provisions of this law, charters could not be amended by special law without local approval except for the specific, limited instances. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 57 • RESOLUTION NO. 53.10 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MiNNESOTA RESOLUTION REQUIRING ALL CITY COUNCIL CREATED BOARDS, COMMISSIONS, AND COMMITTEES TO CABLE CAST THEIR MEETINGS WHEREAS, there are regular meetings of the Mounds View Planning Commission, Parks and Recreation Commission, Cable TV Committee. Economic Development Commission, and other city advisory committees created by the City Council; and WHEREAS, the City of Mounds View is dedicated to the rapid dissemination of information to the public, and WHEREAS, the City Cable system has been upgraded to be more user friendly; and WHEREAS, the City Council agrees that the information discussed in the aforementioned committees and commissions is valuable public information; • NOW THEREFORE, BE IT RESOLVED THAT as of April 1, 1999, all special, regular and work session meetings of the Planning Commission, Parks and Recreation Commission, Cable TV Committee, Economic Development Commission and all other City advisory committees created by the City Council shall cable cast their meetings from the City Council Chambers. Adopted this 8th day of February, 1999 ATTEST Mayor Dan 6ougg, (SEAL.) • Gkf,/ } nl-- Charles S. WhitingFCiV Administrator RESOLUTION NO. 5374 A RESOLUTION CONTINUING THE CABLE TELEVISING OF CITY OF MOUNDS VIEW CITY MEETINGS WHEREAS, the Mounds View City and the Mounds View Cable Television Committee have reviewed the merits televising city board and committee niectings; and WHEREAS, the Council and Committee agree that televising city meetings since April of 1999 has brought the work of city committees closer to residents, improved understanding of city issues within the community and has exceeded expectations of meeting all open meeting and sunshine laws; BE IT NOW RESOLVED that the Mounds View City Council authorizes the continued cable televising of city board and commission meetings. Adopted this 27th day of September 1999. l�J Attest: Ike Ulrich, Acting Clerk Administrator (SEAL) 0 Dan Coughlin, a or RESOLUTION NO. 5501 • CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REQUIRING CABLE BROADCASTING OF CITY BUSINESS CONDUCTED AT OPEN PUBLIC XIE:ETINGS WHEREAS, tllc City of Mounds View desires its citizens to be fully apprised of all city blIS111CSS C011CILICICCi Oil their behalf; and WHEREAS, Minnesota Statutes Section 471.705. Subdivision 1, the Minnesota Open Meeting Law, requires that " [c]xcept as otherwise expressly provided by statute. all nlectill"s, including executive sessions, of ... the �,yoverning body of a ... statutory Or 110111C rule City ... Or other public body, and of any committee, SUbC011lllllttee, board, department, or commission of a public body must be Opcn to the public;" and WHEREAS, the C lty COl11161 desires that, except for meetings of the I I11111an Resources Committee and as othcr,�vise expressly provided by statute, meetings of the City subject to the above-l-c.ferenced Open Meeting Law also be subject to the requirement, in furtherance of' keeping the citizens of the City of Mounds View informed, of cable broadcasting when staff members are available; and • WHEREAS, the City CO1111C11 adopted Resolution No. 5396, which set forth as a policy of the City the cable broadcasting requirements for open meetings of the City, and WHEREAS, the City Council desires to modify and replace the provisions of Resolution No. 5396 as to the cable broadcasting requirements for open meetings of the City, and as such, desires to rescind Resoll.ltion No. 5396 in its entirety; and WHEREAS, the City Council desires that the Cable broadcasting requirements for open nlcetin.gs of the City, except 11or meetings of the Human Resources Conin.littce and as otherwise expressly provided by statute, apply to all entities of the City and that such desire be set forth as a policy Of the City. NOW, THEREFORE:, BE IT RESOLVED THAT, the City COL111Cil of the City of Mounds View rescinds Resolution No. 5396 in its entirety. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT, the City COu11Cil Of the City of Mounds View establishes the policy that all mectnlos of the City or any Of its COnl111ittccs, subcommittees, boards, departments, or commissions which are subject to the Open Meeting Law, except for meeting=s of the Human Resources Committee and as otherwise expressly provided by statute, also be subject to the requirement that the meeting be broadcast via cable television, when sufficient staff is available to facilitate the cable broadcasting of the meeting. • S.I R-19 4211 % I NIl.:l'_5-11 0 Attest: Adopted this 1 1"' day oMecember, 2000. (SEAL) 0 Dan C out-hlin"Mayorl Kathle-n Miller, City Clerk -Administrator City Minutes Arden Hills Yes Falcon Heights ?? Gem Lake No Lauderdale No Little Canada Yes Maplewood Yes New Brighton No North Oaks Yes North St. Paul Yes Roseville No Shoreview Yes St. Paul No Vadnais Hgts. Yes Detail of minutes Detail specific to attendance and discussion, no action detail Unable to get to website No workshop minutes on webstie No workshop minutes on webstie Detail specific to attendance - no action detail Detail specific to attenance and discussion, no action on detail Tape session and post video Detail specific to attendance and discussion, no action detail Detail specific to attendance and discussion, no action detail Website indicates minutes for workshop, but actual minutes are for council meeting Detail on attendance, discussion and consensus to move to council or not Does not appear they do workshops Detail specific to attendance and discussion, no action detail RESOLUTION NO. 5369 • A RESOLUTION ESTABLISHING CABLE TELEVISING OPERATING POLICIES FOR CITY OF MOUNDS VIEW CITY MEETINGS WHEREAS, the Mounds View City and the Mounds View Cable Television Committee have discussed the merits of a policy for camera use and televising of city meetings; and WHEREAS, the Council and Committee have reached an agreed upon set of operating policies; BE IT NOW RESOLVED, that the Mounds View City COnncil approves the following operating policies for all future televised city meetings: Policies for Cablecasting Meetings of the Mounds View City Council And Designated Commissions of Government Procedural Policy The Technical Director is responsible for camera coverage of the meeting. 2. All meetings will be covered "gavel -to -gavel," which includes everything that transpires between the official convening and adjournment by the meeting chairperson. • 3. Members of the public who wish to address the convening body are required to present their remarks at the podium or at a microphoned area provided. 4. The Mayor or presiding officer is responsible for directing members of the audience in the correct use of the podium microphone or speaking area. Technical Policy 1. Camera shots will be framed to include only the person who is speaking. Wide shots of the meeting may be used to briefly punctuate camera coverage of long statements or reports. Pauses between shots are necessary to accommodate the time for the Technical Director to choose the next shot and for the wall -mounted automatic camera system in the Council Chamber to go from one shot to another. 4. Camera shots of citizens addressing the council, commission or committee may include members of the audience, but they are seen only as background to the speaker at the podium or microphoned area. Mounds View Cable Committee September 14, 1999 RESOLUTION NO. 5369 • Adopted this 27th day of September, 1999. / Dan Coughlin; yor Attest: ; z✓ Mike Ulrich, Acting Clerk Administrator (SEAL, 0 C� • RESOLUTION NO 5396 CITY OF MOIJNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REQUIRING CABLE BROADCASTING OF CITY BUSINESS CONDUCTED AT OPEN PUBLIC MEETINGS WHEREAS, the City of Mounds View desires its citizens to be ].gully apprised of all city business conducted on their behalf; and WHEREAS, Minnesota Statutes Section 471.705. Subdivision 1, the Minnesota Open Meeting Law, requires that "[e lxcept as otherwise expressly provided by statute, all inectings, including executive sessions, of. . . the governing body of a ... statutory or home rule city ... or other public body, and of any committee, subcommittee. board. department. or commission of a public body must be open to the public;" and WHEREAS, the City Council desires that all inectings of the City subject to the above - referenced Open Meeting Law also be subject to the requirement, in furtherance of keepin,, the citizens of the City of Mounds View informed, of cable broadcasting when staff members are available; and WHEREAS, the City Council desires that the cable broadcasting requirements for open meetings of the City apply to all entities of the City_ and that such desire be set lorth as a policy of the City. NOW, THEREFORE, BE 1T RESOLVED THAT, the City Council of the City of Mounds View establishes the policy that all meetings of the City or any of its committees, subcommittees, boards, departments. or commissions which are subject to the Open .Meeting Law also be subject to the requirement that the meeting be broadeast via cable television, when sufficient staff is available to facilitate the cable broadcasting of the meeting. Adopted this 13)"' day of'December. 1999. , Attest: 1 � J Ilan Coughlin, Ma (SEAL) Charles S. Whiting,' :ity Cleric -Administrator M AI y9M.KesoIutions\>396.doc RESOLUTION 7583 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REQUIRING CABLE CASTING OF CITY BUSINESS CONDUCTED AT OPEN PUBLIC MEETINGS AT MOUNDS VIEW CITY HALL WHEREAS, the City of Mounds View desires its citizens to be fully apprised of all city business conducted on their behalf; and WHEREAS, the City adopted Resolution 5596 on December 13, 1999, which set forth a policy of the cable broadcasting requirements for open meetings of the City; and WHEREAS, the City adopted Resolution 5501 on December 11, 2000, which rescinded Resolution 5596, and set forth a revised policy by exempting the Human Resources Committee from the cable broadcasting requirements for open meetings; and WHEREAS, the City adopted Resolution 5557 on April 23, 2001, which rescinded Resolution 5501, and set forth a revised policy by requiring open meetings of the City, except the Human Resources Committee, be held at Mounds View City Hall; and WHEREAS, the City desires to modify and replace the provisions of Resolution 5557 as to the cable broadcasting requirements for open meetings of the City held at Mounds View City Hall, and as such, desires to rescind Resolution 5557 in its entirety; and WHEREAS, the City Council desires that the cable broadcasting requirements for open meetings of the City held at Mounds View City Hall, except for meetings of the Human Resources Committee and the Cable Committee, and as otherwise expressly provided by statute, apply to all entities of the City and that such desire be set forth as a policy of the City. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Mounds View rescinds Resolution No. 5557 in its entirety. NOW, THERFORE, BE IT FURTHER RESOLVED THAT, the City Council of the City of Mounds View establishes the policy that all meetings held at Mounds View City Hall by the City or any of its committees, subcommittees, boards, departments, or commissions which are subject to the Open Meeting Law, except for meetings of the Human Resources Committee and the Cable Committee, and as otherwise expressly provided by statute, are also subject to the requirement that the meeting be broadcast via cable television, when sufficient staff is available to facilitate the cable broadcasting of the meeting. MoUrms ViEw MEMORANDUM to: Mounds View City Council from: Nyle Zikmund, City Administrator re: Traffic Control Devices, Speeding, and Roadway Management date: January 3, 2022 Opening Commentary: Upon Googling the term speeding, the search engine retrieved 1,860,000,000 related items in .6 seconds. Entering Stop Signs resulted in 3,910,000,000 for a combined total of just under 6 billion items. Appendix A provides a brief summary of each of them! A modicum of levity is needed as we discuss an issue that brings emotion, potential for danger, injury, and even death; as well as infringement felt by some — on the American love affair with the Automobile and desire to operate it bounded only by their sense of safety. Background: Speeding and Traffic generate more resident complaints/concerns than all other issues combined, including property taxes. This is likely true across the region, state, and nation as evidenced by the nearly 6 billion google hits. Nearer to home, the Minnesota Legislature — starting out with a bill to pilot lower urban street limits enacted legislation allowing any governmental unit to reduce street speed limits to 20 and 25 mph from the historical level of 30 in the 2020 session. To date, Minneapolis, St. Paul, and Rochester have adopted the lower standards. Edina, Golden Valley, and St. Louis Park all explored the change earlier this year (February) with St. Louis Park being the only one which moved forward and just completing the changeover of signage on December 7, 2021. It should also be noted that in the case of all neighboring states, local street speed limits are 25 At home, the Mounds View Council approved Public Works Traffic Control Policy is 2018, allowing residents to petition for a Traffic Control Device; primarily for the purpose of addressing speeding. Residents submit an application after which engineering determines if warrants are met. If not, Applicants are required to obtain 75% of residents support from that intersection after which Council will determine if a control device is warranted. Since policy inception, we have had 7 applications, of which 100% did not meet engineering standards (see checklist in the packet) and no subsequent petition from the applicant was received. Applications per year 2018 — 3; Oakwood, Groveland (2) both North of Blvd, Spring Lake Road — South End 2019 — 2; Spring Lake Road (2) both south end 2020 — 1— Parkview 2021— 1 (in process — Groveland Road, North of Blvd) Staff also receives regular complaints regarding speeding, the streets that receive the greatest level of speeding complaints include the following; County Road H2 County Road I Groveland Pleasant View Red Oak Spring Lake Road Quincy Speeding vs. Traffic Control: While the application and process is specific to traffic control, the underlying problem being addressed is speeding (first and foremost) with additional concerns regarding volume; depending on the street. To date, all requests have singularly focused on using control devices ie. the installation of a stop sign (or other such as speed bumps) to decrease speed. A handful of Groveland residents recently voiced concern regarding volume increases related to development in Blaine immediately to the north. Speed & Safety: There is irrefutable evidence that logically follows, the higher the speed, the greater chance of injury or fatality to non -motorized traffic — pedestrians, bicycles: From a 2011 study by AAA: Likelihood of fatality or severe injury 20mph =13% 30 mph = 40% 40 mph = 73% With respect to Mounds View city roads, we have no documentation/evidence of a fatality on any city road as far back as the records go. Likewise, but unlikely that we would have serious injury records for the same data set. There have been serious injuries/fatalities on the County Roads that traverse our community, the most recent being on Long Lake Road earlier this year. From collective memory, one youth fatality in the past several decades when the youth attempted to cross Mounds View Boulevard and was struck by a vehicle. Speed/Traffic Studies: Attached is a summary of the speed and traffic data collected in 2020 and 2022. We captured data for Groveland north of MV Blvd. - 10 observations), Long Lake north of MV Blvd.-1 observation, H2 - 1 observation, Silver Lake —1 observation, Red Oak — 3 observations, and Spring Lake Road north of MV Blvd — 4 observations. Silver Lake has the highest volume of county roads, which is not surprising. The average speed is 4 mph under the limit with the 85% percentile speed 5 miles over the speed limit (40 mph versus the posted 35 mph). H2 has similar speeds but Long Lake, which is posted at 30, has an 85% percentile 7 mph over. In summary, when comparing Groveland, Red Oak, and Spring Lake Road, all have an average speed just under the 30 mph speed limit with Red Oak being a few miles under. For the 85tn percentile speed —the most accurate measure; Groveland averaged 36.34, Red Oak 32.5, and Spring Lake Road 37.5. For volume, Spring Lake Road had the highest; twice that of Groveland or Red Oak with Red Oak Second and Groveland last. NOTE — The data was collected using our traffic/speed signs — trailer which are not calibrated/perfect. The volume was collected by using equipment PW has. All collection was done by the device with no witness. We consider the data usable, and more importantly comparable — but the data is not validated. Policy Issues for Council to Consider: 1. The "in -process" application from petitioner Maggie Aitkens is seeking council reconsideration on the circular 500' signature requirement — seeking to amend the policy to be linear; thus excluding addresses on adjacent or parallel streets. 2. Are traffic control devices the most effective option for Council (cities) to manage traffic? Options Include: a. Greater Enforcement i. Cost/benefit issue of allocation of limited resources b. Traffic Control Devices i. Cost of fabrication and Installation c. Lowering of Speed Limit i. Cost of signage and installation and then subsequent enforcement d. Installation of residential round -about i. Land acquisition and cost of construction e. Road reconstruction/enhancements i. Delineators, bump outs, etc. — cost of construction Next Steps: 1. Act on policy question of petitioner for linear vs. circular 2. If linear, petitions meet threshold and council can discuss installing stop signs. 3. Consider other options which may include desire to collect more data or conduct more research. a) > O .4� +� m v + + — V) V) co } w L �, n3 0 O E � N v O +, t O } 3 a, o L � v cn L O M m 00 N i rA 3 v I? 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A :uses N A :xn N A :As �s pp-p :wool 11aw3 N A :411 N A :us] N A an N A :uais N A an N ua.s y xal wt,q � piui7 Al z z z z z z z z z z z z z z z z z z z z z z z z 2 z z z z z > r r > > > > > Q > r r r r > r z z z z z z z z z z z z z z z VI y$i 8 Q N b i E - E fi E z 'W z w z w r z w r z r WI X a a a _ >L `o a a a w MOUNDS VIEW TRAFFIC ENGINEERING REQUEST The City of Mounds View has a traffic committee made up of staff from the public works/engineering, police and zoning departments. The group responds to requests and concerns from the public regarding traffic throughout the city. If the request is for maintenance and repair of existing traffic controls, it will be addressed by traffic operations. If the request is for new traffic control, it will need to go to the traffic committee. Many traffic control requests require City Council approval. Requests can include the following: *stop sign requests -traffic signal requests -parking restrictions. The engineering department is the main point of contact for this group. To submit a request please provide the following: Date OV , j0 1'VaL Name Betsy Brunes and Maggi Aitkens Address 8438 Groveland Road, Mounds View, MN 55112 Email maitkens23@gmail.Gom Phone G to — S Olt — 7 3 � D Alternate Description of Request We request that stop signs be placed on Groveland Road at the intersections of Groveland Court, Laport, and Sherwood Road and that, preferably these stop signs be lighted. Please see the petition signed by residents located 500' of these proposed stop signs. This petition was submitted by email directly to Nyle Zikmund, City Administrator Traffic Control Policy - Sign Installation Requests Date Street and/or Intersection Device Requested Road Designation: Arterial Collector. MSA Other, A. Does this proposed installation significantly increase traffic volumes on adjacent residential/neighborhood streets? (Y or N) B. Does this proposed installation jeopardize the safety of the motoring public or any non - motoring traffic using the roadway or sidewalks? (Y or N) C. Does 60% of the traffic studies exceed posted speed limit? (Y or N) D. Does 35% of the traffic studies exceed posted limit by 5 MPH? (Y or N) E. Intersection with <5,000 vehicles per day? (Y or N) F. Intersection with >5,000 vehicles per day? (Y or N) G. Does the Pedestrian levels in safety sensitive areas warrant stop signs, crosswalks or other? (Y or N) H. Intersection experienced five (5) or more accidents (in 3 years) correctable by traffic control? (Y or N) I. Is there a site obstruction? Issue: Code Enforcement Issue? /-04i701V1 M W, (Y or N) Can it be removed? (Y or N) (YorN) ************************************************************************************************************ NOTE: Non -Qualifying will be considered if the following is satisfied: 75% of residents within a 500 foot radius from the area stated above submitted a signed petition. MnMUTCD shall always be followed regarding traffic control recommendations. Comments Prnrprh irp 1. Correspondence was acknowledged by the Director of Public Works. (Attach document) 2. Date initial on -site inspection was conducted. 3. Surveys, traffic counts, accident analysis, pedestrian volumes, etc. were performed. (Y or N) (Attach document) 4. One or more of the criteria applies to request? (Y or N) Per policy list criteria(s) from policy 5. Public Safety Department contacted regarding speeding/accident issues? (Y or N) (Attach document) 6. Neighborhood was contacted to determine support or denial for the traffic control change. (Y or N) (Attach document) 7. Criteria meets Policy; neighborhood is supportive of decision. Resolution Number recommending traffic control change. _ Comments ************************************************************************************************************** Criteria was not met Director of Public Works sent correspondence to proper person(s) that requested traffic control change with the option to address the City Council. (Attach document) Should a petition be presented to the City Council, a traffic study will be recommended and then facilitated by the City Engineer before the installation of any traffic control is authorized. Comments Director of Public Works Date All documentation has been scanned to the Address File of � U C6 c N � oC � u C6 U W 4-j c 4-j +-j . 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Vehicles ❑# Violators o� .E• Speed Limit= 30 MPH Saturday Sunday Monday Tuesday Wednesday Thursday Friday NB 8300 block Red Oak Drive 26 26 25 L O 2 25 L a d 24 24 23 23 Week (7 days): 6/17/2023 - 6/23/2023 Daily Average Speeds radars! Speed Limit: Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/17/2023 - 6/23/2023 Printed 6/29/2023 Page 1 of 5 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ,I r!0ar51g11_ ❑Avg. Speed 085th pct Speed NB 8300 block Red Oak Drive Speed Limit = 30 MPH 40 35 M M CI) CIM ClCl) 3017 L N M N M N N N .4 25 N N 0 L 4' a 20 U) 4) 15 10 5 0 Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/17/2023 - 6/23/2023 7000 6000 5000 4000 3000 2000 1000 0 Weekly Speed Summary - Vehicle Counts NB 8300 block Red Oak Drive 13 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG J 2094 Speeders - PEAK Speed Week (7 days): 6/17/2023 - 6/23/2023 w radarsign- Speed Limit = 30 MPH 400 48 # Speeders > 5 # Speeders > 10 MPH PEAK MPH PEAK Printed 6/29/2023 Page 3 of 5 Charts Report Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $fER NB 8300 block Red Oak Drive Speed Limit = 30 MPH 25% 20% 15% 10% 5% 0% Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/17/2023 - 6/23/2023 Vehicle Count by Peak Speed Bins radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 2500 1997 2000 U) 1694 v �1500 O L R7/ -0�000 E z Z 530 500 \52 241 39 4 2 2 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/17/2023 - 6/23/2023 Printed 6/29/2023 Page 4 of 5 Charts Report Vehicle and Speed Violator Counts radarign_ ❑Tot. Vehicles ■# Violators �•0�5=s•�E• EB County Road H2 at Spring Lake Speed Limit = 35 MPH 1800 1600 1400 N O v 1200 s j 1000 4- O L 800 O E 600 55514 Z 400 200 0 L M Tuesday Wednesday Thursday Friday Saturday Sunday Monday Week (7 days): 6/13/2023 - 6/19/2023 1640 1580 1601 1557 Daily Average Speeds radarsign_ EB County Road H2 at Spring Lake Speed Limit = 35 MPH 34 33.6 34 33.4 33 33.2 33.2 33 33 = 33 L 32.8 a 33 N _O 33 32.5 32 32 32 32 Tuesday Wednesday Thursday Friday Saturday Sunday Monday Week (7 days): 6/13/2023 - 6/19/2023 Printed 6/29/2023 Page 1 of 4 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed ❑85th pct Speed .-4. 1g17_ 4 •0!5 sR:! EB County Road H2 at Spring Lake Speed Limit = 35 MPH 45 N Pl N N N 40 35 M N M ap M N M M M M 30 O 2 25 L d a 20 y d 15 10 5 0 Tuesday Wednesday Thursday Friday Saturday Sunday Monday Week (7 days): 6/13/2023 - 6/19/2023 Weekly Speed Summary - Vehicle Counts EB County Road H2 at Spring Lake 12000 — 10189 10000 8000 6000 4000 3675 2000 786 M 150 0 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG radarsign_ Speed Limit = 35 MPH Speeders - # Speeders > 5 # Speeders > 10 PEAK Speed MPH PEAK MPH PEAK Week Q days): 6/13/2023 - 6/19/2023 Printed 6/29/2023 Page 3 of 4 Charts Report 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $fER EB County Road H2 at Spring Lake Speed Limit = 35 MPH Tuesday Wednesday Thursday Friday Saturday Sunday Monday Week (7 days): 6/13/2023 - 6/19/2023 Vehicle Count by Peak Speed Bins radarsign_ EB County Road H2 at Spring Speed Limit = 35 MPH 4500 3987 4000 500 to N LE000 m 395 >2500 4- 0 N 000 El 500 Z 1000 82 500278 \30 32 66 101 14—] 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/13/2023 - 6/19/2023 Printed 6/29/2023 Page 4 of 4 Charts Report Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators EB County Road H2 at Spring Lake 1800 1600 1400 N O v 1200 s j 1000 4- 0 i 800 O E 600 O Z 400 200 0 Wednesday Thursday EB County Road H2 at Spring Lake 34 " " 33 L = 33 L a 32 M 19N 31 Wednesday w radarsign_ w5�kidG •0�5 SAiEIe Speed Limit = 35 MPH Friday Saturday Sunday Monday Tuesday Week (7 days): 6/21/2023 - 6/27/2023 Daily Average Speeds radarsign_ Speed Limit = 35 MPH Thursday Friday Saturday Sunday Monday Week (7 days): 6/21/2023 - 6/27/2023 Tuesday Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed ❑85th pct Speed .-4. 1g17_ 4 •0!5 sR:! EB County Road H2 at Spring Lake Speed Limit = 35 MPH 45 N v v v v N v 40 35 CI)n CI) U M N M N N M M M 04 M 30 O 2 L 25 d a 20 y d 15 10 5 0 Fr Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 6/21/2023 - 6/27/2023 Weekly Speed Summary - Vehicle Counts EB County Road H2 at Spring Lake 9000 8219 96 peeders > 10 MPH AVG radarsign_ Speed Limit = 35 MPH Speeders - # Speeders > 5 # Speeders > 10 PEAK Speed MPH PEAK MPH PEAK Neek (7 days): 6/21/2023 - 6/27/2023 Printed 6/29/2023 Page 3 of 4 Charts Report Percentage of Vehicles Speeding radarsign_ EB County Road H2 at Spring Lake Speed Limit = 35 MPH 0 0 36.2% 36.4% 36% % 35% 34% 33% 32% 31.6% ° 30.9% 31.1 % 31% 30% 29% 28% Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 6/21/2023 - 6/27/2023 Vehicle Count by Peak Speed Bins radarsign_ EB County Road H2 at Spring Speed Limit = 35 MPH 3500 3186 3000 U) 42500 z t 186 O 500 0I 00071 Z 500Z-30 00 56 61 62 10 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/21/2023 - 6/27/2023 Printed 6/29/2023 Page 4 of 4 Charts Report Vehicle and Speed Violator Counts radarsign_ ❑Tot. Vehicles ■# Violators •0�5=•E• SB Groveland Road at Ardan Ave. Speed Limit = 30 MPH 900 800 700 N O v 600 s j 500 4- 0 i 400 O E 300 O Z 200 100 0 782 782 680 759 577 438 382 23 11 20 28 26 33 35 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/12/2023 - 5/18/2023 SB Groveland Road at Ardan Ave. 23 23 L = 22 L a 22 M IPA 21 Daily Average Speeds radarsign. Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/12/2023 - 5/18/2023 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds rad8r51g17_ ❑Avg. Speed ❑85th pct Speed 4 •0!5 sR:! SB Groveland Road at Ardan Ave. Speed Limit = 30 MPH 35 CJ N N M N N M M M M M M N M 30 2504 N N N N N el— N N CN N N O = 20 d a- 15 d 10 5 0 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/12/2023 - 5/18/2023 C!1llA Weekly Speed Summary - Vehicle Counts radarsign_ SB Groveland Road at Ardan Ave. peeders > 10 Speeders - MPH AVG PEAK Speed Neek (7 days): 5/12/2023 - 5/18/2023 Speed Limit = 30 MPH 152 8 0 # Speeders > 5 # Speeders > 10 MPH PEAK MPH PEAK Printed 6/29/2023 Page 3 of 4 Charts Report Percentage of Vehicles Speeding radarsign_ SB Groveland Road at Ardan Ave. Speed Limit = 30 MPH 6% 5.2% 5% 4.9% 4.5% 4.2% 4% 3.4% 3.4% 3% 2.5% 2% 1% 0% Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/12/2023 - 5/18/2023 Vehicle Count by Peak Speed Bins radarsign- mn[ixe aony safe SB Groveland Road at Ardan Speed Limit = 30 MPH 2000 1832 1800 1600 U) 400 v �I 200 > 89 011000 L 800 -0 = 600 Z 375 \44 400 200 155 8 0 0 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 5/12/2023 - 5/18/2023 Printed 6/29/2023 Page 4 of 4 Charts Report NB 8300 block Red Oak Drive 1400 1200 1000 t2 s 800 O 600 E Z 400 200 0 Vehicle and Speed Violator Counts radarign_ ❑Tot. Vehicles ■# Violators �•0�5=s•�E• Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday NB 8300 block Red Oak Drive 26 25 25 i 24 O O = 24 L a N 23 N 23 22 22 21 Week (7 days): 6/9/2023 - 6/15/2023 Daily Average Speeds radarslgn. Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/9/2023 - 6/15/2023 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds 1g17_ ❑Avg. Speed ❑85th pct Speed .-4. 4 •0!5 sR:! NB 8300 block Red Oak Drive Speed Limit = 30 MPH 40 35 M M M M M v M M 30 OR a! � OR OR O 25 N N M N M N CD N 2 N CN 20 a y 15 10 5 0 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/9/2023 - 6/15/2023 8000 Weekly Speed Summary - Vehicle Counts NB 8300 block Red Oak Drive >10 /G radarsign_ Speed Limit = 30 MPH Speeders - # Speeders > 5 # Speeders > 10 PEAK Speed MPH PEAK MPH PEAK F days): 6/9/2023 - 6/15/2023 Printed 6/29/2023 Page 3 of 4 Charts Report Percentage of Vehicles Speeding radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 20% 18% 16.9% 16.6% 17.2% 16.9% 16% 14.2% 14.4% 14% 11.9% 12% 10% 8% 6% 4% 2% 0% Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/9/2023 - 6/15/2023 Vehicle Count by Peak Speed Bins radarsign- mn[ixe aony safe NB 8300 block Red Oak Drive Speed Limit = 30 MPH 2500 2284 2000 N N V .9500 C 10 L 000 -0� E 750 Z 5oo 64 �39 5 0 1 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/9/2023 - 6/15/2023 Printed 6/29/2023 Page 4 of 4 SB 8300 block Groveland Road 800 700 N 600 d c.� 500 N C 400 d 300 M Z 200 100 0 Charts Report Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators w radarsign_ Speed Limit = 30 MPH 680 578 i Wednesday Thursday Friday Saturday Sunday Monday Tuesday SB 8300 block Groveland Road 29 28 L = 28 L a 27 M 27 26 Wednesday Week (7 days): 5/18/2022 - 5/24/2022 Daily Average Speeds radarslgn. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Week (7 days): 5/18/2022 - 5/24/2022 Tuesday Printed 6/29/2023 Page 1 of 4 2 4000 3500 3000 2500 2000 1500 1000 500 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r - r M M M M M M M Ci 00 ti M M Q1 00 N N N N Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 5/18/2022 - 5/24/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB 8300 block Groveland Road 1095 50 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 5/18/2022 - 5/24/2022 Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 4 Charts Report 40% 35% 30% 25% 20% 15% 10% 5% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB 8300 block Groveland Road Speed Limit = 30 MPH Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 5/18/2022 - 5/24/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1400 1179 1200 (v 000 949 t 800 0 4- 0 600 400 Z 200 98 143 191 16 5 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 5/18/2022 - 5/24/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1000 900 800 N d 700 2 600 C 500 L 400 E 0 300 Z Wit a Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators NB 8300 block Red Oak Drive w radarsign_ M.k�a�.o�s s.re. Speed Limit = 30 MPH 899 662 68 628 581 538 381 138 82 Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Daily Average Speeds radarsign. NB 8300 block Red Oak Drive Speed Limit = 30 MPH 26 25 24.9 25 24.4 24.3 24.5 24.1 24 L 24 = L 23 d rn 23 22.2 22 22 21 21 Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed NB 8300 block Red Oak Drive 30 25 L O 2 20 L a U) 15 10 5 0 it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M M N N N M N N Ui N Cw- Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Weekly Speed Summary - Vehicle Counts NB 8300 block Red Oak Drive radarsign_ 4000 3689 3500 3000 2500 - 2000 1500 1148 1000 467 500 172 37 0 0 7 0 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER NB 8300 block Red Oak Drive Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Vehicle Count by Peak Speed Bins i radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 1400 �399 1200 N 976 atl 000 t � 800 66 O � 600 Z 400 329 162 'Z� 200 0 0 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 4 of 4 700 •11 d 500 2 t 400 O 300 E 0 200 Z 0 Charts Report Vehicle and Speed Violator Counts radarign_ ❑Tot. Vehicles ■# Violators .o�s=s•�E• SB 8300 block Groveland Road Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Daily Average Speeds radarslgn. SIB 8300 block Groveland Road Speed Limit = 30 MPH 29 —28.8 29 28 27.9 27.9 27.9 27.5 28 i O O = 27 L a rn 27 26.2 26 26 25 25 Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Printed 6/29/2023 Page 1 of 4 40 35 30 L o 25 2 L a 20 rn 15 2 4000 3500 3000 2500 2000 1500 1000 500 0 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r CI) M � M M M CI) M M N �p N Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Weekly Speed Summary - Vehicle Counts SB 8300 block Groveland Road L110 243 52 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (7 days): 6/2/2022 - 6/8/2022 radarsign_ Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 4 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding SB 8300 block Groveland Road w radarsign_ M�kie�4 •0�5 $�iER Speed Limit= 30 MPH J Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1400 1234 1200 N atl 000 2 L 800 O 600 47 400 Z 200 61 136 104 17 4 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/2/2022 - 6/8/2022 Printed 6/29/2023 Page 4 of 4 Charts Report Vehicle and Speed Violator Counts 800 700 N 600 d U t 500 N C 400 L 300 M Z 200 1w n ❑Tot. Vehicles ■# Violators SB 8300 block Groveland Road radarsign_ Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/10/2022 - 6/16/2022 Daily Average Speeds radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 30 29 29 28.6 29 28 27.9 L 27.7 2 28 27.4 L 27 26.8 d rn 27 26.2 26 26 25 25 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/10/2022 - 6/16/2022 Printed 6/29/2023 Page 1 of 4 2 4500 4000 3500 3000 2500 2000 1500 1000 500 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH u'> � M M M M M M M 1� m N 00 N N N CO N Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/10/2022 - 6/16/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB 8300 block Groveland Road 49 0 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 6/10/2022 - 6/16/2022 Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 4 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding SIB 8300 block Groveland Road w radarsign_ M�kie�4 •0�5 $�iER Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/10/2022 - 6/16/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1600 1369 1400 200 1145 c6 2 &1000 m 0800 a� 600 28 - z 37 Z 400 200 141 \1 22 13 2 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/10/2022 - 6/16/2022 Printed 6/29/2023 Page 4 of 4 SB 8300 block Groveland Road 700 600 500 2 399 400 O 310 300 E Z 200 100 0 Charts Report Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators w radarsign_ M,k�a�,o�s s,re. Speed Limit = 30 MPH Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/25/2022 - 7/1/2022 SB 8300 block Groveland Road 29 29 M 27 27 26 Daily Average Speeds radarsign_ Speed Limit = 30 MPH Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/25/2022 - 7/1/2022 Printed 6/29/2023 Page 1 of 4 2 4000 3500 3000 2500 2000 1500 1000 500 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r r M M M M M M M rn rn ti 00 Lq 00 N N N N Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/25/2022 - 7/1/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB 8300 block Groveland Road Speed Limit= 30 MPH Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 6/25/2022 - 7/1/2022 Printed 6/29/2023 Page 3 of 4 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding SIB 8300 block Groveland Road w radarsign_ M�kie�4 •0�5 $�iER Speed Limit = 30 MPH Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 6/25/2022 - 7/1/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1400 -1290 1200 10 N atl 000 POO" 2 L 4' 800 O \35 600 400 Z 200 131 133 80 11 4 4 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/25/2022 - 7/1/2022 Printed 6/29/2023 Page 4 of 4 Charts Report Vehicle and Speed Violator Counts 700 .00 500 2 t 400 O 300 E 0 200 Z ff 0 ❑Tot. Vehicles ■# Violators SB 8300 block Groveland Road radarsign_ Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/17/2022 - 6/23/2022 Daily Average Speeds radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 30 29 29 28.6 29 28.3 28 O = 28 27.7 27.5 a 27.1 27 rn d 26.6 27 26 26 25 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/17/2022 - 6/23/2022 Printed 6/29/2023 Page 1 of 4 2 3500 3000 2500 2000 1500 1000 500 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M M M M M M CO M N Ln N: W N N N N Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/17/2022 - 6/23/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB 8300 block Groveland Road 3256 Speed Limit= 30 MPH 1785 149 0 ELim Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 6/17/2022 - 6/23/2022 Printed 6/29/2023 Page 3 of 4 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB 8300 block Groveland Road Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 6/17/2022 - 6/23/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1400 1200 1147 (v 000 938 t 800 0 4- 0 600 400 Z 27 200 78 134 \124 16 8 1 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/17/2022 - 6/23/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 900 800 700 N O tV 600 j 500 4- 0 i 400 E 300 O Z 200 rlim 0 Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators SB 8300 block Groveland Road w radarsign_ ,,,k�a�,o�s s,re. Speed Limit = 30 MPH 797 678 741 730 722 401 384 769 300 284 311 155 116LU16 Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 7/16/2022 - 7/22/2022 Daily Average Speeds radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 30 29.2 29.1 29 28.6 28.5 29 L O 2 28 L a 28 27.3 27 27 26 Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 7/16/2022 - 7/22/2022 Printed 6/29/2023 Page 1 of 7 40 35 30 L O 25 2 L d 20 Cn d 15 2 5000 4500 4000 3500 3000 2500 2000 1500 1000 500 0 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed radars SB 8300 block Groveland Road Speed Limi � M M CO to M M M 0 CON N LQ C N Saturday Sunday Monday Tuesday Wednesday Thursday I Week (7 days): 7/16/2022 - 7/22/2022 Weekly Speed Summary - Vehicle Counts SB 8300 block Groveland Road 4453 1696 354 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 7/16/2022 - 7/22/2022 radarsign_ Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 7 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding SIB 8300 block Groveland Road w radarsign_ M�kie�4 •0�5 $�iER Speed Limit = 30 MPH Saturday Sunday Monday Tuesday Wednesday Thursday Friday Week (7 days): 7/16/2022 - 7/22/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 2000 1800 1728 1600 U) 400 122 -r-I 200 01000 800 \03 z600 Z 36 400 200 189 129 64 19 5 2 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 7/16/2022 - 7/22/2022 Printed 6/29/2023 Page 4 of 7 Charts Report Vehicle and Speed Violator Counts ❑Tot. Vehicles ❑# Violators SB Long Lake Road @ Ardan Ave. 1600 1400 N 1200 O v t 1000 d 800 L 600 7 Z 400 200 0 Wednesday Thursday SB Long Lake Road @ Ardan Ave. 28 27 L 26 O 2 L d 25 rn aD M 24 23 22 Wednesday w radarsign_ M�kie�4 •0�5 $�fER Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Week (7 days): 2/2/2022 - 2/8/2022 Daily Average Speeds radarsign_ Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 2/2/2022 - 2/8/2022 Printed 6/29/2023 Page 1 of 4 2 8000 7000 6000 5000 4000 3000 2000 1000 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB Long Lake Road @ Ardan Ave. it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r th - r- M t0 tD M to M M M tM Nt N N N N N N to N N IL Wednesday Thursday Friday Saturday Sunday Week (7 days): 2/2/2022 - 2/8/2022 Weekly Speed Summary - Vehicle Counts SB Long Lake Road @ Ardan Ave. 2052 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (7 days): 2/2/2022 - 2/8/2022 Monday Tuesday radarsign_ Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 4 Charts Report 40% 35% 30% 25% 20% 15% 10% 5% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 2/2/2022 - 2/8/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB Long Lake Road @ Ardan Speed Limit = 30 MPH 2500 2344 2000 -r-I 500 > 11 64 000 01 500 60 33 8 1 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 2/2/2022 - 2/8/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 900 800 700 N d tv 600 j 500 4- 0 i 400 E 300 O Z 200 91 Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators SB 8300 block Groveland Road w radarsign_ ,,.k�a�.o�s s.re. Speed Limit = 30 MPH 797 784 779 722 283 286 121 284 311 316 112 Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 7/21/2022 - 7/27/2022 Daily Average Speeds radarslgn. SB 8300 block Groveland Road Speed Limit = 30 MPH 35 30 29.1 29.6 28.5 28.5 25 L O 2 20 a 15 10 5 0 Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 7/21/2022 - 7/27/2022 Printed 6/29/2023 Page 1 of 4 2 4500 4000 3500 3000 2500 2000 1500 1000 500 0 40 35 30 10 5 0 Speed Limit= 30 MPH Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB 8300 block Groveland Road it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r r M M M M M M M 00 N 00 00 co N F as Cn N F Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 7/21 /2022 - 7/27/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB 8300 block Groveland Road 4265 - Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 7/21/2022 - 7/27/2022 Printed 6/29/2023 Page 3 of 4 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding SIB 8300 block Groveland Road w radarsign_ M�kie�4 •0�5 $�iER Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 7/21/2022 - 7/27/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB 8300 block Groveland Road Speed Limit = 30 MPH 1800 1573 1600 400 N a) 117 LC)1200 m 000 > O \92 - 800 N E 600 z Z 400 32 174 200Ing 125 15 4 1 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 7/21/2022 - 7/27/2022 Printed 6/29/2023 Page 4 of 4 Charts Report Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators SB Long Lake Road @ Ardan Ave. 1200 1012 982 1000 N tv 800 C 600 L E 400 351 z Z 285 200 0 w radarsign_ M.k�aQ, s.re. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 2/17/2022 - 2/23/2022 SB Long Lake Road @ Ardan Ave. 30 25 5 N Daily Average Speeds radarslgn. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 2/17/2022 - 2/23/2022 Printed 6/29/2023 Page 1 of 4 40 35 30 L O 25 L a 20 15 2 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB Long Lake Road @ Ardan Ave. M M it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH r CM M M CO � M M M 0! N N N Cn N N Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 2/17/2022 - 2/23/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH 7000 6557 6000 5000 4000 3546 3000 — 2020 2000 1194 1000 373 326 69 0 — 0 - Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 2/17/2022 - 2/23/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 2/17/2022 - 2/23/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB Long Lake Road @ Ardan Speed Limit = 30 MPH 2500 2352 2000 -r-I 500 136 O �1000 AR E 678 661 Z 00� 500 286 219 29 9 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 2/17/2022 - 2/23/2022 Printed 6/29/2023 Page 4 of 4 1600 1400 N 1200 t 1000 N C 800 L d 600 0 Z 400 KIII7 Charts Report Vehicle and Speed Violator Counts radarsign_ ❑Tot. Vehicles ■# Violators Q.o�s=•�E• SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Daily Average Speeds radarslgn. SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH 28 27.4 27 27 27.1 27 26.9 L 27 = 26.7 L 27 d rn 26 26.2 26 26 26 26 Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Printed 6/29/2023 Page 1 of 4 40 35 30 L O 25 2 L a 20 15 2 7000 6000 5000 4000 3000 2000 1000 0 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB Long Lake Road @ Ardan Ave. it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M M M M M M Nt M M N � N t0 N N N CO N CO N Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Weekly Speed Summary - Vehicle Counts SB Long Lake Road @ Ardan Ave. 6580 radarsign_ Speed Limit= 30 MPH Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (7 days): 6/2/2022 - 6/8/2022 Printed 6/29/2023 Page 3 of 4 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% Charts Report Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Wednesday Week (7 days): 6/2/2022 - 6/8/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB Long Lake Road @ Ardan Speed Limit = 30 MPH 3000 2434 2500 N A) tP000 t N '01500 136/ L 60 1� 000 Z 604 500 NL-_�121 28 6 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 6/2/2022 - 6/8/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1400 1200 d 1000 V t j 800 O 600 E Z 400 200 Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators SB Long Lake Road @ Ardan Ave. w radarsign_ M.k�aQ, s.re. Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Week (6 days): 6/10/2022 - 6/15/2022 Daily Average Speeds radarslgn. SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH 27 27.3 27 27 26.8 26.8 27 i 7 O = 27 L a rn m 26 26 26.2 26 26 26 Friday Saturday Sunday Monday Tuesday Wednesday Week (6 days): 6/10/2022 - 6/15/2022 Printed 6/29/2023 Page 1 of 4 40 35 30 L O 25 2 L a 20 15 2 7000 6000 5000 4000 3000 2000 1000 0 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SIB Long Lake Road @ Ardan Ave. it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M CG (C M M M M M 00 N N CO N to N N to N Friday Saturday Sunday Monday Tuesday Wednesday Week (6 days): 6/10/2022 - 6/15/2022 Weekly Speed Summary - Vehicle Counts SIB Long Lake Road @ Ardan Ave. radarsign_ Speed Limit= 30 MPH Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (6 days): 6/10/2022 - 6/15/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 40% 35% 30% 25% 20% 15% 10% 5% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB Long Lake Road @ Ardan Ave. Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Week (6 days): 6/10/2022 - 6/15/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB Long Lake Road @ Ardan Speed Limit = 30 MPH 2500 2280 2000 -r-I 500 > 121 O �1000 69 E 699 z 570 Z 500 245 111 36 12 2 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (6 days): 6/10/2022 - 6/15/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1400 1200 1000 t 800 O 600 E Z 400 200 Vehicle and Speed Violator Counts ❑Tot. Vehicles ❑# Violators SB Long Lake Road at Woodale w radarsign_ M�kie�4 •0�5 $�fER Speed Limit = 30 MPH Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 7/27/2022 - 8/2/2022 Daily Average Speeds radarsign_ SB Long Lake Road at Woodale Speed Limit = 30 MPH 30 29.4 29 29.3 29 L p 2 29 29.2 29.2 29.2 d a 29 29 29 29 29 29 Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 7/27/2022 - 8/2/2022 Printed 6/29/2023 Page 1 of 4 2 8000 7000 6000 5000 4000 3000 2000 1000 0 40 35 30 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed SB Long Lake Road at Woodale it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M r ch Vj M M M M M N N CM N N N N N N N N F F F F Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 7/27/2022 - 8/2/2022 Weekly Speed Summary - Vehicle Counts radarsign_ SB Long Lake Road at Woodale 3044 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 7/27/2022 - 8/2/2022 Speed Limit= 30 MPH Printed 6/29/2023 Page 3 of 4 48% 47% 46% 45% 44% 43% 42% 41% 40% 39% 38% Charts Report Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER SB Long Lake Road at Woodale Speed Limit = 30 MPH Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week (7 days): 7/27/2022 - 8/2/2022 Vehicle Count by Peak Speed Bins i radarsign_ SB Long Lake Road at Woodale Speed Limit = 30 MPH 3500 3096 3000 N a500 t) L 000 0 29 133/ "1500 000 Z 500 88 El 149 17 23 8 2 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 7/27/2022 - 8/2/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1400 iNI1I1] 0 1000 2 t 800 O 600 E Z 400 200 Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators NB 8300 block Red Oak Drive w radarsign_ M.k�a�.o�s s.re. Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/6/2022 - 5/12/2022 Daily Average Speeds radarsign.. NB 8300 block Red Oak Drive Speed Limit = 30 MPH 25 24.8 24.7 24.6 25 24.4 24 23.6 L 24 = 23.1 L 23 a 22.5 23 22 22 21 Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/6/2022 - 5/12/2022 Printed 6/29/2023 Page 1 of 4 40 35 30 O 25 L a4) 20 rn 15 2 7000 6000 5000 4000 3000 2000 1000 0 10 5 0 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed NB 8300 block Red Oak Drive it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M M M M M M N N N co M N M N Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/6/2022 - 5/12/2022 Weekly Speed Summary - Vehicle Counts radarsign_ NB 8300 block Red Oak Drive 6588 Speed Limit= 30 MPH 2174 915 350 78 7 0 37 _ o Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders- # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week Q days): 5/6/2022 - 5/12/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER NB 8300 block Red Oak Drive Speed Limit = 30 MPH Friday Saturday Sunday Monday Tuesday Wednesday Thursday Week (7 days): 5/6/2022 - 5/12/2022 Vehicle Count by Peak Speed Bins i radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 2500 2192 2000 -r-I 500 C 101 000 E 663 Z 500 401 33 3 1 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (7 days): 5/6/2022 - 5/12/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1400 1200 d 1000 2 t 800 O 600 E Z 400 200 Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators NB 8300 block Red Oak Drive w radarsign_ M.k�a�.o�s s.re. Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/19/2022 - 5/24/2022 Daily Average Speeds Ik radarslgn. NB 8300 block Red Oak Drive Speed Limit = 30 MPH 25 24.8 25 25 24.5 L O 24.4 2 24 24.3 a 24 d 24 24 24 24 24 Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/19/2022 - 5/24/2022 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed NB 8300 block Red Oak Drive 30 25 L O = 20 L a U) 15 10 5 0 it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M N N M M M M M N N N N N N F F Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/19/2022 - 5/24/2022 Weekly Speed Summary - Vehicle Counts radarsign_ NB 8300 block Red Oak Drive 6000 5661 5000 --7 4000 3000 2000 Speed Limit= 30 MPH 1000 62 254 7 0 27 0 ) 0 Or] Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (6 days): 5/19/2022 - 5/24/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER NB 8300 block Red Oak Drive Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/19/2022 - 5/24/2022 Vehicle Count by Peak Speed Bins i radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 2500 2108 2000 1516 -r.-I 500 98 000 E z Z 534 500 249 27 22 3 2 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (6 days): 5/19/2022 - 5/24/2022 Printed 6/29/2023 Page 4 of 4 Charts Report 1000 900 800 N d 700 2 600 C 500 L 400 E 0 300 Z Wit a Vehicle and Speed Violator Counts ❑Tot. Vehicles ■# Violators NB 8300 block Red Oak Drive w radarsign_ M.k�a�.o�s s.re. Speed Limit = 30 MPH 899 662 68 628 581 538 381 138 82 Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Daily Average Speeds radarsign. NB 8300 block Red Oak Drive Speed Limit = 30 MPH 26 25 24.9 25 24.4 24.3 24.5 24.1 24 L 24 = L 23 d rn 23 22.2 22 22 21 21 Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 1 of 4 Charts Report Daily Average Speeds vs. 85th Percentile Speeds ❑Avg. Speed 085th pct Speed NB 8300 block Red Oak Drive 30 25 L O 2 20 L a U) 15 10 5 0 it radarsign_ nuKidG .OwS Sn�[. Speed Limit = 30 MPH M M M N N N M N N Ui N Cw- Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Weekly Speed Summary - Vehicle Counts NB 8300 block Red Oak Drive radarsign_ 4000 3689 3500 3000 2500 - 2000 1500 1148 1000 467 500 172 37 0 0 7 0 Total Daily Speeders - AVG # Speeders > 5 # Speeders > 10 Speeders - # Speeders > 5 # Speeders > 10 Vehicles Speed MPH AVG MPH AVG PEAK Speed MPH PEAK MPH PEAK Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 3 of 4 Charts Report 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Percentage of Vehicles Speeding radarsign_ Mkie4 •0�5 $iER NB 8300 block Red Oak Drive Speed Limit = 30 MPH Thursday Friday Saturday Sunday Monday Tuesday Week (6 days): 5/26/2022 - 5/31/2022 Vehicle Count by Peak Speed Bins i radarsign_ NB 8300 block Red Oak Drive Speed Limit = 30 MPH 1400 �399 1200 N 976 atl 000 t � 800 66 O � 600 Z 400 329 162 'Z� 200 0 0 0 0 11-15 MPH 16-20 MPH 21-25 MPH 26-30 MPH 31-35 MPH 36-40 MPH 41-45 MPH 46-50 MPH 51-55 MPH 56-60 MPH Week (6 days): 5/26/2022 - 5/31/2022 Printed 6/29/2023 Page 4 of 4