HomeMy WebLinkAboutweekly notes - Sept 15 2017 r
CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: September 15 re 2017
TO: City Council Members& Staff
FROM: Eric Johnson, City Administrator
LISTING OF MEETINGS—Through October 24t1,2017
Zoning and Development Items:
1. The City has not received any new applications;
2. The City has executed a PRE APPLICTION CONSULTING Agreement with HYNEE—see enclosed -that will allow some up-front
engineering work by STANTEC up to a total cost of$11,200 for Hy-Vee—at Hy-Vee's expense.Also,is a depiction of a concept—very
similar to what they showed the other evening to the Council—please note the roadway runs through the Transmission Towers and
over significant slopes and shows developments in ponds and wetlands ...it is obvious this alignment and layout is not immediately
viable,perhaps a first stab at a design,but this site has a number of constraints that are not that simple to address.
3. Staff did send a letter to the School district asking if they did hold any data related to the Bus garage site—such as a completed PHASE
I or II study or other summary data. The City has shared its data—from the historical development files with them as well; however
there appears to be definitive statements about contamination being made by the District that was not unilaterally evidenced in the older
files the City held—thus we would like a copy of that data set they may have. On an unrelated District note—over 30 cars were towed
from the Oak Park Ponds LLC site—student parking.
4. The City has paid E.Swanson-Pizza Ranch for its costs associated with the PUBLIC ELEMENTS for the Minnesota Street Cul-de-Sac
totaling$21,209.49.These amounts are then assessed to Kwik Trip and Slmonets.Mr.Swanson did seek higher amounts from the City
that exceeded the established budget.by over$20,000.The City has responded to those additional fee requests indicating that these
costs were due to PRIVATE IMPROVEMENTS on their site and/or were his contractor's errors.The letter enclosed to Ms. Swanson-
outlines these facts.
5. The Address at 14269 57th street has been sent a final letter to address site/yard maintenance issues. Lack of compliance will result
in a citation after 9/26/17. Also, the "PIZZA MAN" building will be receiving a letter to address a number of site compliance issues
related to their fagade—(holes in metal walls,dirty,expired signage,etc.)
Other Items
The City received information from the Wash. County Historical Society seeking donations.
Mayor McComber provided:
MAOSC State Newsletter—Sept 2017
METRO CITIES NEWS—for Sept 13th,2017
CITY OF OAK PARK HEIGHTS
CITY COUNCIL & COMMISSIONS
MEETINGS & WORKSHOPS
SEPTEMBER/OCTOBER 2017
Thursday, September 14 7:00 p.m. Planning Commission Meeting
(Council Chambers)
Friday, September 15 4:00 — 5:00 p.m. Pony Activity Center Ribbon Cutting
(Stillwater Area High School)
Sunday, September 17 Noon—2:00 p.m. Washington Conservation District Appreciation
Picnic
(Lake Elmo Park Reserve South Pavilion)
Monday, September IS 6:00 p.m. Parks Commission Walkthrough of Cover Park
Redevelopment Project
(Cover Park)
6:30 p.m. Mountain Bike Trail Ribbon Cutting
(Valley View Park)
7:00 p.m. Parks Commission Meeting
(Council Chambers)
Monday, September 25 11:00 a.m. Minnesota State Capitol Tour
(75 Rev Dr. Martin Luther King.Jr. Blvd)
Tuesday, September 26 6:00 p.m. City Council Meeting
(Council Chambers)
Tuesday, October 10 6:00 p.m. City Council Meeting
(Council Chambers)
Thursday, October 12 7:00 p.m. Planning Commission Meeting
(Council Chambers)
Monday, October 16 7:00 p.m. Parks Commission Meeting
(Council Chambers)
Tuesday, October 24 6:00 p.m. City Council Meeting
(Council Chambers)
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CITY OF OAK PARK HEIGHTS-PRE-APPLICATION COST REIMBURSEMENT AGREEMENT
The City of Oak Park Heights makes every effort to keep the cost of development and bui€ding applications reasonable.The
current permit fees,staff and connection charges are maintained to recover costs incurred of reasonably a pected.The City
does not generate surplus revenues from these activities.
F,d
The City affords an applicantldeveloper the opportunity to meet ONCE with all pertinent City Staff and ftultarlts (City
Attorney, Engineer, Planner, Arborist)free of charge to discuss general concepts and answer general questions" -relating
to a proposed development and City requirement(s)i expectation(s). The meeting is known as a PRE-APPLICAVON
meeting (see City Ordinance 401.03 A (1)), It remains the responsibility of the developer and/or applicant to follow.al'f-',
applicable Federal,State and Local laws and Ordinances.Until a formai appiication is submitted and accepted,a developer,,
and/or applicant may not make additional contacts with City Consultants nor will City Consultants engage in responding to
subsequent questions or comments from those developers and/or applicants. All subsequent questions from applicants
and/or developers shall be directed to City Staff.
If a developer and/or applicant has additional questions for the City that require the services of a City Consultant, but has
not yet submitted a formal application, the City may in its discretion allow those questions to be presented but will require
the developer and/or applicant post a cash security in an amount estimated by the City(below)AND to reimburse the City
for those actual costs incurred even if no actual application is ultimately submitted. Escrows shall be refunded once all
costs are re-paid to the City in full.
By signing below,you(the Applicant)agree to reimburse the City of Oak Park Heights for all applicable out-of-pocket expenses
incurred by the City from its Consultants relative to a possible project.You-the Applicant-further acknowledge and agree
that:
1) Any data made available from or to the Applicant shall be considered public.
2) That City consultants shall act in the best interests of the City and shall not provide assurances as to outcomes, cost participation,
feasibility or any other advocacy for the Applicant.
3) City participation in this effort Is not a guarantee of any approval or specific design and shall not constitute a plan submission as
outlined in MN Stat 15.99,nor a plan review which will require additional review fees and additional complex submissions for which
will be reviewed independently of this Pre-application process.
4) At no time shall the City or its Consultants design any systems for an Applicant nor be an advocate or agent for the Applicant. The
work anticipated shall be only as shown generally in the Exhibit 1-Affixed Hereto.
5) At no time may work asked to be engaged by the Applicant exceed a total value of$11,200.00 and shall be paid to the City at the time
of submission of this Agreement.
6) At such time,the City advises the Applicant that the City has exhausted the value of the above amount for any pre-application reviews,
the City shall cease all further work until the amount is replenished or further supplemented by the Applicant.
7) At the completion or termination of the Pre-application process,the City may either provide a direct billing for the work provided and/or
may take necessary funds from the escrow-with any remaining funds to be returned to the Applicant.
8) The City may end this Pre-Application relationship at any time and for any reason the City deems reasonable with all sums due and
payable immediately.
{NAME OF APPLICANT(FIRM): Y./ - Vee I,-
Signature for Applicant: Date /3 /7
(this signature MUST be from the APPLICANT-and from a peAoapab of biding the Applicant to the Agreement)
PRINTED NAME OF SIGNATURE 1• 5fC
Site Address or PIN#s: d , 4Z9.24 22.oaa f dd-0ZZc,ZZ,Co 2,DL.o Z9.62O,c,Z3,60 b!
c.
Short Description of Project Assistance the Applicant would seek' 0 6r9.2-0,z2,0oo3
�..v�:d e cr"
Ae.
Approved by the City: PATE Q' ISS 7
Eric Johnson,City Administrat -Not Valid Until Signed.
ESCROW AMOUNT:$11.200.00<- This amount shall be deposited with the City. Once deposited and approved by City Signing
Above the Applicant may begin work with City consultants.
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EXHIBIT?- TO CITY OF OAK PARI' HEIGHTS - PRE-APPLICATION COST REIMBURSEMENT
AGREEMENT
• Drawdown test of two lift stations and provide analysis; $3,200
• Review gravity sewercapacityinMemorial Drive and downstream liftstations: $1,600
• Explore forwatermainloop-concepts; $800
• Understand Well and water capacity, $1,600
• Other ENGINEERING Related Pre-Application reviewand Pre-Application Meetings- $4,000
Total: $11,200
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City of Oak Park Heights
14168 Oak Park Blvd. hi•Box 2007.Oak Park Heights,MN 55082+ Phone(651)439-4439•Fax(651)439-0574
9/11117
Ms. Denise Pontrelli, Superintendent ***ALSO?VIA EMAIL pontrellid c(b_',stillwaterschools.o[g ***
Stillwater Area Schools
Independent School District#834
1875 S. Greeley Street
Stillwater, MN 55082
RE: Bus Garage—5288 Stagecoach Trail 2 Contamination" Statements.
Dear Denise.-
As
enise:As the general public is aware, the District continues to explore sites for its bus garage operations. This can
be a difficult search with pros and cons for many sites. That said, we understand there has been commentary
by the District that the current site is "contaminated" .
At the District's request, the City recently assembled some information the City readily had in its files about
the current site, but which was not definitive in any way to outline existing contamination nor a complete
historical perspective. We all know that discussion of contamination can be challenging as it may result in
misinterpretation of data or even simply jumping to conclusions due to a lack of data or without a definitive
history of facts being prepared by a capable party. Yet, it appears that very emphatic statements regarding
contamination are being made about the current site.
Regardless of who owns the Bus Garage site, the City does own the abutting property and the Bus Garage
site is within our community and it is of concern to us if those statements are to be—or have been - borne
out. Accordingly, - as the City has shared the data it has - if the District at this time has completed or is
possession of a formal study, such as PHASE I study of this site on Stagecoach Trail, or if it secured a
qualified summary of its history and/or possibly sampling that would support those conclusions above (or any
conclusions) the City would like to be provided a copy of such documentation. These may be reports that
have been prepared by either District Staff or Qualified Third-Parties that may support these statements,
Please consider this a request pursuant to the Minnesota Government Data Practices Act;if there are copying
costs the City would be willing to pay for such costs. If there are no such Phase I or II studies or summary
analyses we would appreciate being advised of that as well.
Kind regards,4
Eric Johnson
City Administrator
Cc: Weekly Notes
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City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights, N N 55082+Phone(65 1)439-4439•Fax(651)439-0574
9-11-17
Mr. Ernest Swanson
All Things Are Possible, LLC
1885 Newberry Ave. N.
Stillwater, MN 55082
RE: Billing for Minnesota Ave—Cul de sac.
Dear Mr. Swanson,
The City is in receipt of you billing dated May 9'h, 2017; and as we have discussed on a few occasions there
appears to be a dispute between your figures and what the City's calculations are. At this time, the City
does not find this billing to be defensible and significantly in exceedance over what the City believes is a
correct figure.
The differences are outlined in the following -- Please recall, the purposes of the Agreement were to
complete the public elements of the cul-de-sac and Minnesota Street; not "private elements" or
requirements outlined in your approvals. Our analysis moves forward with that basic premise in mind.
1. For the approved public elements. Your May 91h billing calculation for these appears to be
$33,726-26,
2. Your billing then provides for certain other costs related to Public Elements totaling another
$13,486.68. Our review of these submitted invoices and billings totals$12,319.68. The $1,167
discrepancy appears to come in a totaling error for inspections billings. Please review that data.
3. However, it would appear you add $25,887.58 to this amount for elements that are not
attributable nor assessable to the public (driveway costs) AND your contractor on several
occasions did not follow the required plan and City specifications or demonstrate compliance
with ADA requirements. These will add costs attributable to the Developer.
4. Lastly, you note a 54%allocation of costs to your entity—that percentage—applying only those
approved and assessible costs associated with the Cul-de-sac and not otherwise attributable
to the developer results in the City issuing to you a check in the amount of $21,209.49
($14,754.43 +6,455.06) based on our calculations and historical perspective.
Percentage Assessible Entity Amount Assess,
54% Pizza Ranch $24,898.09
32% Kwi k Trip $14,754.43
14% Simonets $6,455.06
Total $46,107.58
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Overall your billing to the City is $77,360.51 —with to$35,585.83 be paid by other parties. The City did not
approve of these increased costs; however, the reason for these increased costs are related to "private
work" and or requirements as outlined in the approval documents— not related to the function of installing
the new roadway itself or directly related public elements.
More specifically we offer the following that you might desire to consider
• The $5,880 billing from Valley Concrete were as a result of your firm's requirement to install a
connecting trail way / sidewalk. This was not related to the cul-de-sac construction nor is it
assessible to the other parties. Please see the Feb 23, 2016 Approving Resolution and trail-way J
sidewalk connection was an approval condition and is borne by the Developer.
• The $610 billing from Valley Concrete was for a failed driveway apron that was not installed per
City specifications; please recall this is in the City ROW and must meet such standards. We do
note the email dialogue between your various installers and City Inspectors, but this fee appears
to come from an installation error—not a City request.
• The related percentages from your contractor for these"Other"developer required costs cannot be
paid by the City nor other parties and is not assessable.
suspect you may disagree with this, however the explanation above perhaps begins to close the gaps in
the dispute. If you have more information that is compelling as to why these are costs that should be applied
to the overall cul-de-sac assessment- and billable to the other two entities- we would be willing to review
that information as our goal is to get the matter resolved correctly.
Please note, we are unsure if this project is fully closed out as it will relate to warranties, repairs and other
final inspections or compliance, but this is what we know today.
Kind Regards,
Eric Johnson
City Administrator
Attachments: Cost Spreadsheet& Breakdown
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Pizza Ranch
Cul-de-saccosts and other
PUBLIC ELEMENTS-Cul-de-sac&Road
COSTS
Surveying $600.00
Removals $6,465.00
Curb installation $9,281.25
Paving $13,500.00
Subtotal $29,846.25
General Conditions(5%) $1,492.31
Contractor Fee(8%)? $2,507.09
Subtotal 3999.40
PUBLIC ELEMENTS-Other Public Related Costs
C05TS
Legal-DeveloperHaugrud $1,170.00
Legal-City-Vierling $462.00
Legal City CREDIT Miscode S
Engineering-I&S $4,905.00
OPH Fees-Inspection? $4,465.18
Materials testin $1,317.5D
Subtotal $12,261.93
PUBLIC ELEMENTS-All TOTALS
ALL TOTAL $46,107.5$
Percentage Assessible Entity Amount Assess.
54% Pizza Ranch $24,898.09
32% Kwik Trip $14,754.43
14% Simonets $6,455.06
Total $46,107.58
Other-NON-Public COSTS NOTES
Dwy costs per City Strds $7,043.75 APrivateimprovement-notassessable
ADA Ramps and Domes $6,678.00 Submitted Plans as approved bytheCity shawthese onC2.11;
Ded.for asphalt in lieu of cont ($250.00)
Additional 2x2 domes $880.OD Required UnderADALawandarerequired
Redo ped ramp to meet ADA $3,705.00 Contractor error&Not Related to the Cul de-sac or Public
Delay claim due to ped ramps $1,245,00
Subtotal $19,341.75
General Conditions $2,45240
Contractor Fee 4,129.4
Subtotal $6,585.83
Other-Non-Public Casts -TOTAL $25,887.58
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City of Oak Park Heights
14168 Oak Park Blvd. N. Phone:651.439.44.39
P.O. Box 2007 Fax:651.439.0574
Oak Park Heights, MN 55082
September 11, 2017
CERTIFIED MAIL/RETURN RECEIPT
Lenard & Betty Huebscher
2647 Hawthorne Lane
Stillwater, MN 55082
Re: 14269 57`h Street N., Oak Park Heights, MN 55082 -Yard Maintenance
Dear Mr. & Mrs. Huebscher:
Per our phone conversation of today, we will meet at City Hall this Thursday, September 14, 2017 at
9:30 a.m. to discuss the condition of the yard and it's up-keep in such that it continues to remain in
state of violation of City Nuisance Ordinance 1109 and in need of mowing, weed control and clean up.
We have communicated with you and the property resident over the past couple of years as to the need
for regular maintenance, etc. Despite attempts to have these matters resolved, they continue. As noted
and discussed in June and July of this year, the rear yard is overgrown with grass, weeds and other
accumulations. These weeds are encroaching upon the lawns of the adjacent properties.
This letter serves as the City's final notice and request that you:
I. Remove weeds and overgrowth from gardens and all yard areas;
2. Remove grass &weeds under decks and all yard equipment; and
3. Clean up/Remove items stored to the front; rear and side of the house.
The above items shall be attended to in full no later than Tuesday. September 26, 2017. City Staff will
conduct a compliance visit after September 26th to verify that the maintenance has been completed
and that compliance to the above request has been met. If compliance is not found, the matter shall be
forwarded to the Oak Park Heights Police Department and/or City Prosecutor for citation, thereafter
the City may pursue the necessary steps to abate the condition and potentially complete the work
needed and assess such costs to the property and its owner.
Please be prepared to present a solid plan for the clean-up and up keep of this property when we meet
Thursday. Your attention is critical.
Sincerely,
PLANNI�G & CODE ENFORCEMENT
Ju t ultman
Budding Official
� i
c: /Jeremy Cover-14269 5711' St.N.
Eric Johnson, City Administrator
Brian DeRosier, Chief of Police
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Email:jhuCtman@cityofoakparkheights.com
WAWITON
(OUNTV .IST
September 11, 2017 ER,E
- �r.Gateway to Minnesota History -VEDCity of Oak Park HeightsPO Box 2007
Stillwater, Minnesota 55082 ark r�e;4ts
rm
Dear City of Oak Park Heights: rM
The Washington County Historical Society [WCHS] has been the caretaker of our county history for more than
three quarters of a century. In that time our mission has remained the same—"to collect,preserve and
disseminate"the history of Washington County and the state of Minnesota.
In doing so, we have been able to produce mfor-ation about eacl, and ever, community in Washi-r_l or.County,
compile it into publications and currently have it on the internet for all people around the world to access.
Among those items on our website include community histories and has information on all 79 rural schools that
once dotted the landscape of the county. This service has been given to the citizens of the City of Oak Park
Heights by the Washington County Historical Society to use anytime they need to.
y We are asking the City of Oak Park Heights to help the WCHS continue the mission to collect the history of the
region for those citizens of today and for those that will follow us.
Donations to the WCHS will impact our organization by directly supporting the areas of greatest need:
• Operating our interpretive museums that showcase county heritage,
• Allowing free access to community heritage on line [www.wchsmn.org]
• Assisting researchers to document their own,local,county and state history,
• Preserving the artifacts in our collections
A contribution of$150,$400,or$1,000 or more will make a significant difference to our organization.
In the Minnesota State Statues, 138.053, it indicates that cities,towns and counties may support local historical
societies. Currently the Washington County Historical Society is the only county historical society not to receive
annual assistance from its county.
During this anniversary year of Oak Park Heights, we would like to thank you in advance for your consideration
on our request for an annual donation to the Historical Society.Together,we can insure that the future generations
will be able to learn from the past and present—to help avoid our mistakes and bring forward our successes.
Mos cerely,
rent Peterson
Executive Director
Washington County Historical Society
Founded in 1934, the Washington County Historical Society is a private, donor-supported,nonprofit 501 C3 organization with more than
750 individual,family,and business members. WCHS is supported by individual gifts, memberships,earned income, and foundation grants.
The WCHS receives no assistance from Washington County.
P.D. Box 167, Stillwater, MN 55082-0167 - 651-439-5956 r www.wch.stein.org
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MAOSC State Newsletter—September 2017
Welcome new MAOSC members
MAOSC is growing! We welcome 10 new members from a variety of rural, exurban and urban locations this year:
Biscay,Geneva,Kasota, Kandiyohi, Leonidas,Mendota, Mentor,Sandstone, Sunburg and Taylors Falls.
We have beefed up this newsletter in recent months,and are expanding the email list of recipients to include key
state and community leaders interested in our MAOSC public policy efforts at the state and federal levels. If you know
of a leader interested in receiving this newsletter, please share their name with MAOSC communications specialist
James Robins at iamesnrobins@yahoo.com, or text him at 612-507-0214.
Census 2020 registration deadline
Small cities across Minnesota will benefit financially for a full decade from having every resident counted in the 2020
census. State and federal funding to your community is largely based on population established by the census.The
first deadline for city participation in the census- registration of the Local Update of Census Addresses (LUCA) -
arrives on Dec. 15, 2017.
State Demographer Susan Brower stresses the importance of LUCA participation for local governments by pointing
out that a local jurisdiction stands to lose funding if every person isn't counted.
"Even one missed person could mean as much as$1,530 in lost federal funding each year for programs in areas such
as health,transportation, housing and education.That's money that will be sent to Washington, but won't be coming
back," said Brower. "Even if a city's population has appeared to be static, there may be a new house, apartment
building or group home that has gone up since 2010 that the Census doesn't know about yet—LUCA is the way to get
that information to the Census Bureau."
Some jurisdictions may lack the resources to do the LUCA review. In that case,they may arrange with a higher level of
government, such as a county,to perform the review. In any event, the first step in this process should take place
within the next three months.The one-page LUCA registration form will take only a few minutes to complete.
Of particular concern for Minnesota is the high possibility that the state will see its Congressional delegation drop
from eight to seven seats based on the 2020 census. While most census experts are predicting loss of a seat due to
slower population growth than the nation as a whole, it is entirely possible that a full and accurate count of every
person in this state will allow the state to retain eight seats. Keeping in mind that the census is supposed to count
every person—whether or not they are legal U.S. residents-some undercounting is likely to take place. As a
consequence, states and cities that aggressively foster federal deportation policies are likely to experience
unprecedented levels of undercounting based on personal fears of contact with government officials.
It was disappointing to learn from state officials that the local response to LUCA registration requests has been slow.
This critical first step in the 2020 census process is essential, and can be crossed off the to-do list quickly.
For your convenience, here is the LUCA registration form:
h tty.Ilfiles.constan tcon tact.com/3ob79aOb101/3a28cl88-7e94-4dl5-b3c6-17e6ec9O6oee.,odf?ver=1504811036000
Additional census partnership information is available here: https://www.census.aov/aeo/aarrnerships/luca.htmi#reg
MAOSC opposes huge MPCA fee hikes
MAOSC has sent a clear message to the Minnesota Pollution Control Agency opposing large water fee hikes on small
cities facilities, and suggesting viable alternatives to address funding issues.The preliminary response from MAOSC
and other stakeholders is a first step in a lengthy process that will extend for a year, or more. Rather than seeking
unreasonable fee hikes,the MAOSC suggests MPCA explore the potential for innovations such as private contracting,
and/or streamlining monitoring activities by employing cost-saving technologies.
Gathering feedback from MAOSC members and the Board, MAOSC submitted its preliminary response (in part):
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A large share of Minnesota's 700-plus small cities with population under-5,000 residents are represented by the
Minnesota Association of Small Cities (MAOSC). Our comments apply generally to any proposed water fee
increases for industrial wastewater,septic tanks,storm water facilities and feedlots, but are especially directed at
potential regulatory and fee changes in the areas of municipal wastewater andstormwater infrastructure.
Historically, small cities received substantial federal and state grant money to build, operate and monitor
wastewater and stormwater infrastructure, but these sources have gradually phased down,shifting undue
burdens onto our small communities that lack the fiscal capacity to absorb the rapidly rising costs through
property taxes and fees. Clean water is a shared responsibility at the local, state and national levels, and this
reality must be respected.
Many, if not most, residents of Minnesota's small cities live on limited or fixed incomes, and few of our businesses
have deep pockets. Our fiscal reality does not allow forshifting considerable additional fee burdens onto the local
level. We recognize that the current 57%backlog on our municipal wastewater permitting system creates a major
gap in the obligation to protect our state's clean water. We encourage the MPCA to seek out more creative
solutions than have been offered thus far in developing the Amendments to the Water Quality Fees and regulatory
system by exploring more cost-effective strategies...
See the full MAOSC response here:
htt iles.constantcontoct.com 3ab79a0b101 8cd445cO-bal4-4c7e-9221 3239a2de4b8. d ?ver=1505250681000
Additional information and submitted comments are available here:
h tws.-Ilminnesotcoah.Qronicusideas.corri discussions minnesoto-pollution-control-a en -re nest or-comments to ics submit-a-comment-42
State Health Care flexibility sought
Rural communities are especially vulnerable to the ongoing federal health-care reform cross fire. Rural counties tend
to have fewer choices, and their older populations are vulnerable to the potential for much-higher premium hikes.
Minnesota took a step forward this year by providing premium relief and a proposal for state reinsurance that has
somewhat calmed the state health care insurance markets -for now.
It isn't clear if the Trump administration is serious about potentially blowing up the health care system by failing to
renew federal financial obligations and denying flexibility in the reasonable waiver requests sought by several states,
including Minnesota. Whether the provocation was intentional or not, some willingness for bipartisanship has been
voiced in the face of a potential health care disaster, but details remain unclear.
Time is beginning to run out, though. Details of a possible bipartisan compromise haven't been made public yet, and
most state waiver requests are still pending. MNsure CEO Allison O'Toole testified on Sept. 12 that if the Minnesota
premium reinsurance waiver request is not approved "in the next few days," another round of extreme premium
hikes will follow as the 2018 rates are finalized. Only Alaska's federal waiver has been approved so far.
The Minnesota Premium Security Plan requiring the federal waiver is a state-based reinsurance program to stabilize
premiums in the state's individual health insurance market in 2018 and beyond, authorizing$271 million yearly for
the reinsurance program in 2018 and 2019. These funds would be used to partially reimburse insurers for especially
high-cost claims. Specifically, reinsurance would cover 80 percent of an individual's annual claims costs between
$50,000 and$250,000. This financial protection against high-cost claims would trigger the anticipated reduced
premiums for all Minnesota individual health insurance consumers, as announced earlier. O'Toole noted that the
costly state reinsurance program is not sustainable long term without some corresponding federal commitment.
Minnesota has achieved its peak of 96 percent coverage in 2017,and all counties are currently expected to have a
choice of at least two carriers for 2018, according to the Centers for Medicare and Medicaid Services(CMS)analysis.
However, most rural counties will have only two choices compared to three or more in the extended urban areas.
See: https://www,cros.govlccllolProarams-and-Initiatives/Health-insurance-Marketplaces/Downloads/2017-09-06-Issuer-County-Moo.pdf
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Willingness to achieve bipartisanship can be found among some state health care leaders. An especially clear and
determined perspective was shared in July by state Sen.Jim Abeler(R-Anoka), chair of the Human Services Reform
Finance and Policy Committee. In part,Abeler commented: "The Democrats put millions of additional people on
Medicaid in an attempt at universal coverage, creating unaffordable federal costs, huge system issues and massive
Republican heartburn.The GOP solution,which relies on clunky tax credits and insurance company subsidies, is
fraught with pitfalls, is marginally cheaper and causes massive Democratic heartburn. Both versions create
unsustainable expenses and do nothing to address core issues of cost and quality."
See: http*Zlwww.startribune.com/jt-s-time-for-a-bipartisan-reset-on-health-care-reform/434579853/
While we are encouraged by Sen.Abeler's clear understanding and frankness, the message likely is not persuasive
enough to break the continuing federal gridlock. It isn't clear that bipartisanship has arrived,and for Minnesota it
might be coming too late to matter for the promised health care affordability coverage in 2018.
Budget veto dispute shifts to mediation
Better than three months into the current biennial state budget cycle, the process of finalizing fiscal matters remains
in limbo.While some politicos expressed frustration with the inconclusive message delivered last week from state
Supreme Chief Justice Lorie S. Gildea, the order's judicial restraint rationally shifts pressure back onto legislative
leaders and a governor who haven't finished their constitutionally mandated budgeting on time. Clearly, the state's
highest court hopes to avoid setting an unnecessary constitutional precedent relating to the balance of power.
By ordering a rapid-fire mediation process,the court has not disposed of the matter and is making it clearthat the
judicial branch does not have authority to unilaterally fund the Legislature. The message also makes apparent that a
second special session to complete the budget process will be necessary. Bottom line, neither side has reason to claim
any sort of victory.The biggest potential short-term losers are hundreds of legislative employees who may be facing
reduced hours or furloughs as a consequence of the apparent failure to negotiate in good faith on both sides.
See the Court order:http://www.mncourts.QovlmncourtsQovlmL-dioHkqh-Pro fi1e-Cases A17-1142 A17-1142 Order Brie in Schedulin d
Looking to the bright side, the two sides have agreed this week to bring in Rick Solum as mediator. Not only is
reaching simple agreement on a mediator an accomplishment, but the selection of Solum is widely viewed as a wise
choice based on his extensive complex mediation experience and a sterling reputation for getting fair results.
See: http Lwww.startribune.com/retired-judge-will-mediate-dispute-between-dayton-and-legislature/443975543/
Taxing e-commerce on the horizon?
Minnesota could potentially collect several hundred million dollars more in state sales tax revenue every year without
raising tax rates. That big change could come in the next year or so if a 25-year-old U.S.Supreme Court precedent is
reversed. At stake is the ability of states to collect the tax obligations from remote sales, including e-commerce (also
known as internet sales).The archaic prohibition was based on two key factors: inability to efficiently track local taxes
across the nation, and the lack of a uniform codification of sales tax provisions.
The first issue—local tracking—has been nullified for several years by technological innovation. Several internet
sellers, including Amazon, now find no problem with compliance (at least partially in the case of Amazon).The latter
problem, uniform codification, has been the bigger obstacle because it required states to get together and agree on
terminology, codified in law. In fact, most of the states have accepted the challenge by participating in the
Streamlined Sales Tax (SST) project over many years. Despite its unusual sales tax provisions featuring a wide variety
of exemptions, Minnesota has been in SST compliance by accepting national standards since 2005.
This issue is tremendously consequential for small cities in Minnesota for two reasons. First,we have seen our main
street retailers suffer and dwindle steadily over the past quarter century as e-commerce has received a free pass and
preferential tax treatment. Those tax-favored remote sales items get delivered by trucks and vans over our crumbling
city streets paved largely with property tax dollars paid by local businesses and residents. Secondly, uniform collection
of sales tax proceeds from outside Minnesota will provide additional state revenue that can be distributed through
higher LGA distributions, and perhaps, funding of transportation needs (such as City Streets).
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The need to collect sales tax on remote sales (outside of Minnesota) has been building for several years. The issue
might be fully addressed by next year. The high court in South Dakota is expected to act fairly soon, potentially
triggering appeal to the U.S. Supreme Court in an effort to reverse the unpopular 1992 decision. So, stay tuned.
See: httos://www.woshinYon post,com national south-dakoto-seeks-overturn-of-high-court-sales-tax-derision/2017/08/28/0082832e-8c29-
11e7-9c53-6o169beb0953 storv.html?
Red River diversion project halted
Local communities and the State of Minnesota will have a greater say in major flood control efforts along the Red
River on the northwestern border of the state. U.S. District Court Judge John Tunheim ruled that the $2.2 billion Army
Corps of Engineers diversion project must allow state permit rulemaking to review the flood-control process.The
preliminary injunction for Minnesota DNR and the Richland-Wilkin Joint Powers Authority is likely to delay work on
the Minnesota side of the river.Work has already started on the North Dakota side. MAOSC member cities located in
upstream affected Wilkin County include Foxhome, Rothsay(partially in Wilkin), and Wolverton. Other affected
MAOSC members downstream include Comstock, Hendrum and Humboldt.
See: htLQ://www.twincities.cam/2017109/07/forgo-moorhead-red-river-flood-proiect-blocked fudge/
Governor's race update
Did you know we are now only 11 months away from the August 14, 2018 primary that will decide general election
candidates for Governor and U.S.Senate? Despite the early primary date, neither major statewide race has narrowed
into a definable form. No prominent state Republicans have taken aim at challenging U.S. Senator Amy Klobuchar.She
might ultimately get her challenger from the long list of Republican hopefuls seeking the open Governor's seat.
As for the Governor's race, you could say it's currently tied with six DFLers and six Republicans in the race. Most
recently, Republican county commissioner Blake Huffman dropped out of the race and Republican state Sen. David
Osmek entered the race. According to Wikipedia, at least 16 others are still thinking about entering the race.That list
of potential candidates includes DFL Attorney General Lori Swanson, Republican former Gov. Tim Pawlenty—as well
as his wife Mary, and Republican House Speaker Kurt Daudt who remains distracted by the ongoing constitutional
challenge now in mediation.
See: htt s: en.wiki edio.or wiki Minnesota gubernatorial election 2018
MAOSC, League meetings set
Fall MAOSC and LMC meetings start less than a month away and continue into November...
The MAOSC Fall Retreat will take place on Friday, Oct. 6 at the Days Inn meeting room in Moose Lake. We are set to
meet from 3-5:30 pm, with a social hour and dinner at Gamper's Food, Liquor and Bowl in Moose Lake to follow at 6
pm. The busy meeting agenda will focus on the 2018 Legislative agenda,federal concerns, Water and Wastewater
issues and fees, and Transportation funding options.
As always, our MAOSC Board meetings and retreats are open to representatives of MAOSC member cities who would
like to observe or provide input. You can also feel free to share MAOSC-related concerns with us via email for
consideration at the Board meeting. Please contact me (Jill Sletten) by email or phone.
MAOSC member cities Ottertail and Melrose have been selected to host 2017 LMC regional meetings on Oct. 5 and 6,
respectively. Eight LMC regional meetings and otherworkshops and meetings of interest are posted here-
htt,os://www.lmc.orqlpoqelllupcoming-events.Ls,2
-END-
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M
ETRO C
Association of Metropolitan Municipalities
Searchl I GO
Metro Cities News
September 13, 2017
Newsletter Archive
Have you heard the latest?
Forum on Local Comp Planning This Follow as onTwl[terf
Friday—Join Us!
A friendly last reminder-- if you haven't yet
■ registered, Metro Cities' forum on the local
comprehensive planning process is this
Friday morning, September 15, at the
Roseville Skating Center from 8 am - noon.
The forum will include frequently asked
questions and new requirements for local
comprehensive plans, a city panel covering
r■rlliil�s local approaches to the planning process,
and a breakout session by community
designation offering more tailored
conversations. Elected officials and staff are
IWAIIIIr440N=Nft4W. welcome to attend. Light refreshments will
be provided. Join us! Register with Sarah
Fredericks at 651-215-4000, or
at sarah metrocitiesmn.or . Questions?
Call 651-215-4000.
In Current/Archived Inflow-infiltration Grant Applications Due
Newsletters: September 22
Archives
Cities eligible to apply for inflow-infiltration
grant funding must apply by next Friday,
September 22, 2017. Eligible communities
should have received notice of the grant
funds and notice to apply in August. Cities
that are eligible are those found to be
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Current/Archived Newsletters - Metro Cities Page 2 of')
contributing excess levels of III, or on the
threshold of being an excess contributor, to
the regional wastewater system. Metro
Cities worked to secure the $3.7 million
appropriated by the Legislature during the
2017 session. Grant requirements,
guidelines and timelines can be found here.
Please contact Patricia Nauman at 651-215-
4002 if you need additional information.
Next Week: Final Policy Committee
Meetings
Third and final 2017 policy committee
meetings will be held next week, with
packets sent this week. Metro Cities
Transportation/General Government,
Municipal Revenues and Housing/Economic
Development Committees will host third
meetings. The Metropolitan Agencies
committee finished its work in August, and
will not meet next week. Committees will
consider and make recommendations on
any outstanding policies, and finalize
recommendations that will then be
forwarded to the Metro Cities Board of
Directors for consideration at their October
meeting.
House Transportation Committee
Discusses MNLARS
The House Transportation Finance
Committee held an informational hearing
this week to discuss challenges with the
recent roll-out of the MN Licensing and
Registration System (MNLARS). MNLARS
is replacing a 30-year old registrar system.
This system processes all motor vehicle
licensing transactions.
The committee heard testimony from deputy
registrars, citizens and the Department of
Public Safety on problems caused by the
new system. Several on-going glitches in
the new system have caused several
inefficiencies at local deputy registrar offices
and resulted in inaccurate information being
filed with the state.
There are 11 city-operated deputy registrar
offices in the metropolitan area, out of 36
city-operated offices statewide. Metro Cities
participated in a recent meeting with other
city organizations and registrar
representatives to discuss these issues and
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Current/Archived Newsletters - Metro Cities Page 3 of
provided a letter to the committee stressing
the need for effective solutions to fix the
problems, and support for an on-going
oversight committee that includes local
official participation.
Department of Public Safety officials said
that progress has been made to make
improvements to the system and new
upgrades to the system are scheduled to
continue. Questions? Please contact Steve
Huser at stevenp_metrocitiesmn.org or
651-215-4003.
Met Council Transportation Committee
Approves TIP
The Met Council Transportation Committee
approved a draft 2018-2021 Transportation
Improvement Plan (TIP) on Monday. The
TIP addresses transportation projects in the
region that are prioritized by year and that
use federal dollars or have effects on air
quality. Projects include highways, transit,
bikeway and pedestrian improvements. All
metropolitan planning organizations (MPO's)
must draft a TIP. The Transportation
Advisory Board approved the TIP at their
August meeting. The TIP will now go the full
Council for approval. To view the draft
TIP, click here.
Met Council Environment Committee
Approves Green Infrastructure Grants
The Met Council Environment Committee
recommended grants for five local projects
as part of the Green Infrastructure Grant
Program. The Council has allocated $1
million to this program. The Met Council
received 30 applications from local
governments, including cities. Grants were
awarded on a competitive basis. Grantees
were required to identify and quantify
watershed level sources and causes of
pollution, provide a 100 percent match and
begin construction no later than 2018. The
full Council will consider these grant
recommendations for final approval. For
more information and to view recommended
grant recipients, click here.
State Revenues Update
State revenues are $17 million (1.1 percent)
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Current/Archived Newsletters - Metro Cities Page 4 of 5
more than forecast according to the latest
update from the MN Department of
Management and Budget (MMB). The slight
uptick in forecasted revenues comes after
several months of lower than projected
receipts in revenues. With the current
update, for fiscal year 2018, receipts are
now $50 million, or 2.0%, less than
anticipated in the last forecast. The next
complete budget forecast will be released in
early December. The latest update can be
found here: https:l1mn.gov1mmb-
statl000/azlforecastl2017/reven ue-rev iew-
august-2017.pdf
Invitation to Tour Turf Grass Irrigation
Efficiency Project
Metro Cities was asked to pass along
information about an upcoming tour of a
Turfgrass Irrigation Efficiency Project
currently underway at the University of
Minnesota St. Paul Campus. Participants
will learn about experiments that the
Metropolitan Council and others have
sponsored to improve efficiency of irrigating
grass in the Metro area.
Where: University of Minnesota, St. Paul
Campus
Invitation to Tour Turf Grass Irrigation
Efficiency Project
Metro Cities was asked to pass along
information about an upcoming tour of a
Turfgrass Irrigation Efficiency Project
currently underway at the University of
Minnesota St. Paul Campus. Participants
will learn about experiments that the
Metropolitan Council and others have
sponsored to improve efficiency of irrigating
grass in the Metro area.
Where: University of Minnesota, St. Paul
Campus
2077 L.arpenteur Ave W, Falcon
Heights, MN 55113 (Click for Map)
When: Friday, September 22, 2017 from 9
am - Noon
(NOTE: If there is RAIN, the tour will be
postponed to September 25)
Participants are asked to meet at the
parking lot of the facility at 8:30 for coffee
and the tour will start at 9:00. Space is
limited so please register as soon as
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Current/Archived Newsletters - Metro Cities Page 5 of 5
possible
at: Jinger.Pulkrabek(&-metc.state.mn.us or
651-602-1275.
Metro Cities News is emailed periodically
to all Metro Cities member mayors,
councilmembers, city managers and
administrators to keep officials abreast of
important metro city issues. This information
is also intended to be shared with city staff.
If you'd like to sign up to receive Metro
Cities News, please
email news letterccDmetrocitiesmn.org and
provide the following: Name, Title, Employer
and Email address. Thank you.
Metro Cities 145 University Ave W., St.
Paul, MN 55103-2044 Phone 651-215-4000
Fax 651-281-1299
Website www.MetroCitiesMW.org
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