HomeMy WebLinkAboutweekly notes - July 20th 2018 n
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CITY OF OAK PARK HEIGHTS—WEEKLY NO or* 201
TO: City Council Members&Staff
FROM: Eric Johnson,City Administrator
Zoning and Development Items:
1. The property owner at 5737 Peller Ave.submitted an application for a variance/CUP for a garage addition.
2. The former KFC/A&W site is in need of attention;the Building Official did send the enclosed letter seeking clean-up.
3. The City Engineer did supply a memo to the Planning Commission that outlines the rationale for the water,sewer and stone-water 10-
year planning documents.This memo stemmed from some lack of clarity as to what these plans actually do and why they are required.
Lee will be at the Planning Commission to provide further update.
4. A thank you letter was sent to 5836 Penrose commenting on compliance for woodpile storage.
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5. Staff has met with two property owners engaged in a fence/property line dispute.5844 and
5838 Stagecoach.We have asked for a final plan from 5838 and hope to attain a sign off from
5844.Otherwise, 5838 will be required to secure a survey.The City can appreciate that a Sass Wo
survey is expensive and may be hard to attain in this area;but it remains a burden of 5838 saga
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landowners to produce a survey.
5030
Other Items: 15430
• The Cit Police t.Jon Givand and has supplied a final action 15431 Z 5'
City Sg pp report from the outdoor concert held at � �► �
Stillwater Bowl on 7/13,it is a good summary as is the related email from Chief DeRosier which is also
enclosed.
• 1 have enclosed an article from today's Pioneer Press regarding recent action regarding the exporting of recyclables from the US into China and a local
impact.This issue will likely need to be addressed in some fashion by most MN cities.OPH pays a flat rate per$60/TON of recycling sorting and
processing and receives the market value of recyciables which has been practically zero for the last 12 months.It is a good summary of the issue.
• Please review the enclosed letter sent to the BCWD;in a nutshell the City position is that current rules of PRE-SETTLEMENT drainage conditions leave
development sites,and likely City streets in an unrealistic position to utilize its own properties.Further the rules exceed the permission granted in prior
agreements.Pre-settlement apparently means that,only the amount of storm water that once left the site to its natural downstream location is permitted
to flow,the rest must infiltrate or somehow be controlled for VOLUME(amount of water).It is not a plausible rule in a developed area.
Mayor McComber provided:
1. MAOSC Update for 7/16/18.
2. The Mayor indicated that Xcei reached out to her to inform the City that they will be hosting a 50-year anniversary open house on 9/6/18.More details to come
but will be from 1:30 pm to 3 pm.This has been posted.
Please let me know if you have any questions-651-253-7837 Call Anytime.
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n CITY OF
OAK PARK HEIGHT'S
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007• Phone:651/439-4439 • Fax:651/439-0574
July 16, 2018
JTB Properties LLP
3040 Woodbury Dr.
Woodbury, MN 55129
Re: 5920 Neal Ave. N., Oak Park Heights, MN 55082
PID 06.029.20.11.0018
To Whom It May Concern:
The former Kentucky Fried Chicken at the above-referenced address closed in May of 2013.
Since that time maintenance to the site has been sporadic. Attached are photos representing the
condition of this site this past week.
The lawn is overgrown and weedy and has not been regularly maintained this year. The
landscaping needs to be maintained. Several of the lighting fixtures have been pulled down or
otherwise damaged at the exterior wall. In its current condition the site is in violation of Oak
Park Heights Nuisance Ordinance 1109.
This letter serves as the City's first request for Code compliance and specifically requests that:
1. The grass be mowed at the entire site and weeds be treated;
2. The landscaping be pruned,trimmed or otherwise maintained; and
3. The light fixtures to the exterior walls be fixed so that they are securely connected to the
building structure.
Please have the above items fully attended to no later than Friday August 3 2018 and continue
to maintain the site for yard and building maintenance regularly. A site visit will be made to
verify compliance after August 3`d
Please contact me immediately if you have any questions regarding this request. Thank you for
your prompt attention.
Sincerely,
PANNING & CODE ENFORCEMENT
1e ultman
B ' g Official
Enclosure
c: Marco Polo, Inc. —555 S. Flower St., Ste. RE924-77, Los Angeles, CA 90071-2300
Eric Johnson, City Administrator
2 of 35 Tree City U.S.A.
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5 Stantec Memo
To: City of Oak Park Heights, Planning From: Lee Mann, P.E.
Commission City Engineer
File: 193801828 Date: June 28,2018
Reference: City Utility Comprehensive Plans
This memo provides a summary of the purpose and use of the City's comprehensive utility plans.
Comprehensive utility plans are currently in place for the City's Water,Sanitary Sewer and Storm
Sewer systems. As they are a part of the City's overall Comprehensive Plan, they have also been
updated at this time. In general,these plans provide a tool for the City to plan and operate these
systems, now and for the future.
These plans identify the capacities of the existing systems,and improvements or additions needed in
the future,as the City adds development and/or population. In other words,sizes and capacities of
existing water mains,water supply wells,water reservoirs,sanitary sewer pipes, lift stations,storm
sewer pipes,storm water ponds etc.are confirmed. Future facilities and sizing are planned based
on the growth anticipated in the City's overall Comprehensive Plan.
Water System Master Plan
The City of Oak Park Heights has completed an updated comprehensive water system study. The
Water System Master Plan is the culmination of existing system evaluations and future planning,
based on the 2040 land use plan provided in the City Comprehensive Plan. The Master Plan project
was conducted to develop an updated hydraulic model of the distribution system to evaluate
existing system capacity and identify a complete improvement plan to meet future water system
needs. The model confirms the ability of the City's water system to supply the necessary flow now
and in the future,as the system is expanded.
In addition, all public water suppliers in Minnesota must have a Water Supply Plan (WSP) approved
by the Department of Natural Resources (DNR).The Oak Park Heights WSP was approved February
2018 and is attached to the 2018 Comprehensive Plan as an appendix. The WSP addresses the
following items:
• A description and evaluation of the City's water supply system,
• Emergency preparedness procedures;and
• A water conservation plan
Completing a WSP that receives DNR approval fulfills a water supplier's statutory obligations under
M.S. 13G.291. For water suppliers in the metropolitan area, the WSP will help local governmental units
fulfill their requirements under M.S.473.859.
Sanitary Sewer
The Oak Park Heights Comprehensive Sewer Plan (CSP) updates previous sewer planning efforts and
describes in detail the City's current sanitary sewer system.The report has been based on the land
use and population data provided in Oak Park Heights' Comprehensive Plan Update.The City's
Design wNh coma s ty In mind
c:\users\lmann\desktop\utl1ty comp plan memo 06282018.docx
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® Stantec
June 28,2018
City of Oak Park Heights, Planning Commission
Page 2 of 2
Reference: City Utility Comprehensive Flans
current trunk sewer system serves the entire City. The existing system is in good condition.Sewer
modeling was performed to evaluate the system for the City's ultimate conditions.The modeling
shows no major capacity issues in the City's existing sewer system. No major sewer upgrades are
being proposed within the City as part of the CSP.
Under state law, local governments are required to submit a comprehensive sewer plan describing
the service needs from the regional system, owned and operated by the Metropolitan Council
Environmental Services (MCES).The plans must be consistent with the 2040 Water Resources Policy
Plan provided by the MCES in the event a sewer extension or connection needs to be added that
could impact the regional system.The CSP report has been prepared in accordance with the
Metropolitan Council's guidelines for local Comprehensive Sewer Plans.
Storm Water
The Local Surface Water Management Plan (LSWMP) serves as a comprehensive planning
document to guide the City of Oak Park Heights in conserving, protecting,and managing its surface
water resources.The main issues to be managed include rate control,water quality,volume control,
wetland management,and management of floodplains and shorelands.All new development and
redevelopment have to address these issues to some degree. In addition,some existing storm water
issues are identified for the City to address if/when funding and logistics allow.
Rate control includes managing the runoff during storm events to discharge the flow over a longer
period of time in order to minimize downstream flooding. Rate control is typically accomplished by
routing runoff through ponding areas that hold water and then release the water slowly.
Water quality improvement of stormwater runoff is accomplished through various methods,
including ponding,vegetated swales or ditches,and infiltration/filtration basins. These methods
remove a percentage of the pollutants including phosphorus,sediments and other undesirable
substances.
A more recent issue for stormwater management is volume control. In areas where habitat or
downstream characteristics are sensitive to additional water created by impervious surfaces from
development or redevelopment, reducing the volume of the runoff may be a requirement. Volume
control is accomplished through infiltration basins,water re-use systems (typically for irrigation) or
routing the runoff to plants or trees that in turn utilize the water and discharge excess water to the
atmosphere (evapotranspiration)
The Plan meets the requirements detailed in Minnesota Statutes 103B and Minnesota Rules 8410,
administered by the Minnesota Board of Water and Soil Resources,which addresses surface water
planning and project implementation. The LSWMP is also consistent with the goals and policies of
the Metropolitan Council's Water Resources Management Policy Plan (which is intended to help
ensure the coordinated, orderly and economic development of the seven-county Twin Cities
metropolitan area), and the three watershed management organizations having jurisdiction within
the City:the Brown's Creek Watershed District (BCWD),the Middle St.Croix Watershed
Management Organization (MSCWMO),and the Valley Branch Watershed District (VBWD).
Design with community In mind
ml c:\users\lmann\desktop\utility comp plan memo 06282018.docx
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CITY OF
OAK PARD HEIGHTS
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574
July 18, 2018
Mr. Randal Patrin-King
5836 Penrose Ave. N.
Oak Park Heights, MN 55082
Re: Wood Storage
Dear Randal:
Thank you for relocating the wood storage to your side yard as agreed upon this past December.
Your efforts in dong this and maintaining in within compliance are appreciated.
We had spoken about your business equipment parking also, in that it is to be fully upon existing
parking surfaces and that if you opted to expand your parking footprint, you would be in touch to
address that process. If this is something you desire to do this year, please give me a call.
Again, thank you for taking the time to visit on matters related to your property and business
operation and for addressing items as requested. Please reach out if I may be of assistance.
Sincerely,
PLANNING& CODE ENFORCEMENT
Julie ltman
Building Official
C ��
6 of 35 Tree City U.S.A.
Eric Johnson
From: Brian DeRosier
Sent: Monday,July 16,2018 1:53 PM
To: Eric Johnson
Cr. Christopher Vierling;Jon Givand
Subject: Re:SW Bowl Concert-July 13,2018
Attachments: 20180716133525731.pdf
Administrator Johnson and Council;
Attached is an after action report from the OIC Sgt.Givand for the SW Bowl special event permitted concert in the
parking lot. Outlined in the after action report is an overview of issues dealing with the event.
The turnout was considerably less than what they were predicting/promoting several days prior which was an expected
attendance of nearly 4,000. With the late predictions the PD increased its presence with 2 more officers with the
expectation that 1/2 or more the predicted 4,000 along with the alcohol and parking issues. This was at a cost of
$1,184.12 to the city that was not required or reimbursed by the promoter for the event permitting. The promoter is
being billed for the 2 agreed upon officers at a cost of$1,021.18. The event started with only several hundred at the
beginning and increased during the night, but was still estimated to be well below the 1,500 at any given time that the
SW Bowl had predicted at the time of permitting application.
As you are already aware the bowl did not approach the surrounding businesses, in particular Andersen Windows Corp.
for approval to use their parking. This caused a call to myself from Andersen Corp.on Thursday the 12th when they
found out on their own. Andersen then incurred costs for barricades used for their lots,to employee costs manning
those barricades the night of the event.
In review of the event if the promoter again wishes future events several areas need to be addressed: alcohol control,
required early termination of alcohol sales prior to the end of the event, parking plan,emergency plan. This type of
event being outdoors has no control on the attendance as would be controlled if ticketed sales were for an indoor event.
Brian DeRosier
Chief of Police/Emergency Manager
Oak Park Heights Police Dept.
14168 Oak Park Blvd No. PO Box 2007
Oak Park Heights, MN 55082
651-439-4723
Those that have the ability to right a wrong, have the responsibility to.
-----Original Message-----
From: police@cityofoakparkheights.com<police @cityofoakpa rkheights.com>
Sent: Monday,July 16,20181:35 PM
To: Brian DeRosier<bwderos@cityofoakparkheights.com>
Subject:
This E-mail was sent from "RNP013C75" (Aficio MP C2050).
Scan Date:07.16.201813:35:25(-0500)
1
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Stillwater Bowl Concert Event
After Action Report
Date:07/13/18,1800-2300 Hours
Location:5862 Omaha Ave N
Sgt Givand#472
Officers Assigned:Sgt Givand,Sgt Vierling,Ofcr Zwach,Ofcr Schroeder
• Officers met at the PD at 1730 and were briefed on assignments and expectations.Sgt Vierling
and Ofcr Schroeder designated inside the fenced area,while Sgt Givand and Ofcr Zwach were
designated at the north and south parking lots,along with surrounding area.
• Small crowd and minimal traffic at 1800 hours for the event's start.Approximately 100+
attendees.This number grew as the event neared 2000 hours,to the point the entire fenced
area was full near the end of the event.Unknown total number of attendees.
• There was one SW Bowl parking attendant directing traffic as vehicles entered the area,
southbound Omaha Ave North.Andersen Corp staff blocked off their lots,with Andersen
security staff on site.The south parking lot of SW Bowl filled first.The parking attendant then
directed vehicles into the parking lot north of the fenced area.This lot was approximately%full
by the end of the event.
• Vehicles began parking on both sides of Omaha Ave,even after the issue was brought to the
parking attendant's attention.Owner Urtel was also advised on scene this was an Issue.The
roadway was wide enough for emergency vehicles,fire trucks,etc to pass, but for vehicles
driving north and south at the same time,it was too narrow in some areas.
• The fence surrounding the event was not high enough to prevent the passing of alcohol or items
from the parking lot,over the fence..People were observed next to each other,on opposite
sides of the fence,passing items back and forth.Alcohol not specifically observed.
• There was one noise complaint,which was reported shortly after the event began(1823 Hours).
It was from a resident on Olinda Ave,who was in favor the concert, but felt the noise level was
too high,it was rattling her windows,and it was a shock to her that it was as loud as it was.
• Throughout the event,there were numerous alcohol-related issues officers dealt with.These
involved attendees wandering the lots outside the fence with alcohol.They were directed by
officers to dispose of the alcohol,which was complied with.At the end of the event,staff
appeared busy with tear-down.As a result,many attendees began walking around the lots with
alcohol.Officers spent most of the time at the end of the event addressing this issue with
attendees. i
i
• The music ended at approximately 2255 hours and an announcement was made from the stage
the event was over and to head inside the business.Alcohol sales ceased.Tear down started
immediately and the crowd from the fenced area was cleared out by 2330 hours.There was still
considerable activity in the parking lots as the crowd/vehicles dispersed.Officers remained on
scene in the lots until approximately 2345 hours,when the majority of attendees/vehicles had
cleared the area. Many had gone inside the SW Bowl to continue their revelry.
• Gate staff at one point asked officers to make the occupants of a van leave the parking lot,as
they had not bought tickets.This was referred back to staff,as it was an issue for event staff.
• Other than the sole parking issue on Omaha Ave,the issues involved with the event revolved
around alcohol.Officers observed many who appeared to have been overserved alcohol as they
stumbled,staggered,and needed assistance from others to walk.The number of attendees
carrying alcohol outside the fence was considerable,although officers did not keep an exact
tally.This increased largely at the conclusion of the event as the crowd dispersed.
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V,r '
NEWS ,P,/es S 7
GOVERNMENT& POLITICS
.4a,,: Boy 5
fl4W
Minnesota recycling efforts choked
by Chinese import cutbacks
Bill Keegan didn't think it could get any worse.
He sells recycled paper, and despaired in May when the price dropped to zero.
He could hardly believe it when he saw the listed industry price this past week—
"negative $5 per ton."
Keegan actually had to pay someone to take the paper that his recycling company,
Shakopee-based Dem-Con, had painstakingly collected and processed.
"That's because of China," said Keegan, who is president of Dem-Con. "How do we
survive?"
China has almost entirely stopped buying recycled material, which is rattling
recycling bins halfway around the world in Minnesota. Industry experts say the
unsold material is backing up, recyclers are losing money, and consumers are facing
higher costs and new recycling rules.
Indeed, some officials are questioning the future of recycling. According to the Now
York Times, cities across the country are dumping recyclables into landfills because
they can't sell them.
Cities in Minnesota havn't done that— yet.
"We are in crisis mode," said Julie Ketchum, director of government affairs for Waste
Management, the largest recycler in Minnesota.
HOW DID WE BECOME SO RELIANT ON CHINA?
Traditionally, America's recycled material has been considered dirty—with up to 30
percent contamination by non-recyclable materials. China was willing to buy it and
clean it up with a supply of low-wage workers, according to Walker Smith,
spokesman for the state Pollution Control Agency.
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But not anymore. "With improving economic conditions, they can't find inexpensive
labor," said Smith.
Then American recyclers introduced single-stream recycling, which allows
consumers to put all recyclables into one bin.
Convenient? Yes. But it is also a messy way to recycle.
In the bins, leftover Coke dribbles onto paper, and pizza boxes smear grease onto
plastic bottles. The contamination got worse.
ADDRESSING CHINA'S CHANGING STANDARDS
Bails of crushed plastic bottles lay stacked at the Eureka Recycling facilities in
Minneapolis on Thursday, July 12, 2018. (John Autey/ Pioneer Press)
China required cleaner material starting in 2013, according to Keegan, chair of the
Minnesota chapter of the National Waste and Recycling Association.
"At that time, lots of people in the industry said, `This will be the end of recycling,' "
said Keegan.
Since then, China has steadily ratcheted up its standards.
On Jan. 1, it banned imports of many types of paper and plastic. In March, it lowered
the allowable contamination in paper to 0.5 percent—a level considered
unreachable by some experts.
TRUMP'S TARIFFS AND CHINA'S RETALIATION
Then came President Donald Trump's tariffs on Chinese goods, starting in June.
When China retaliated with its own tariffs on U.S. soybeans, it cut back on
recyclables at the same time.
"Now we are mixed up in this trade war. We are completely shut off," said Lynn
Hoffman, co-president of the nonprofit Eureka Recycling.
Faced with mounting piles of unsellable materials, some cities are refusing to pay
the "negative price" of disposal. The New York Times reports that cities in Oregon,
Washington and Idaho have granted waivers to recyclers that allow them to dump
material collected as "recyclable."
Other cities have told residents that it's better to toss low-value recyclables such as
glass into garbage bins.
10 of 35
Minnesota recyclers hate that idea. But if a business can't make money selling
something, said Dem-Con's Keegan, the only way to survive is with higher fees and
subsidies.
EXPECT TO PAY MORE
For household consumers, Keegan estimated the impact might be "maybe $8 or $10
more a month."
Several recyclers said that more government subsidies seem inevitable, as they try
to modernize and streamline their systems.
The crisis in markets is bringing new emphasis on other survival tactics. Consumers
are already seeing more requests —and demands—to keep the recycling system
healthy.
CLEANING YOUR TRASH
Bails of crushed aluminum cans await shipment at the Eureka Recycling facility in
Minneapolis on Thursday, July 12, 2018. (John Autey/ Pioneer Press)
Recyclers want to put an end to "wish-cycling," the habit of throwing anything into
the bins in the hope it can be recycled.
"Do not put your bowling ball in. Do not put in your syringes or your diapers," said
Wayne Gjerde, who studies recycling markets for the state PCA.
Consumers should wash out plastic and glass to make sure no food or any organic
matter ends up in recycling bins.
A bit of food in a pile of paper is not just an inconvenience, said Waste
Management's Ketchum. "It can destroy the value of a whole load," she said.
Recyclers are demanding that consumer keep plastic bags out of recycling bins.
Officials report that they often waste more than an hour a day, shutting down
equipment to untangle plastic bags from machinery. Strings of Christmas lights are
just as bad.
INDUSTRY SAYS RECYCLING MUST BE PROTECTED
The current crisis is forcing recyclers to address an existential question: If no one
wants the glass, paper and plastic, why should anyone bother recycling?
11 of 35
Because habits of recycling should not be interrupted, said Mike Moroz, CEO of
Walter's Recycling and Refuse in Blaine.
If people stop recycling when the market is weak, it would be difficult to get them to
start again when the markets bounce back, he said.
The PCA's Gjerde said that developing American markets for recyclables would help
reduce the dependence on China. On July 3, the agency announced a new effort to
increase the number of Minnesota businesses using recyclable materials.
Without those businesses, said Dem-Con's Keegan, recycling is a waste of time.
Related Articles
"With recycling, you do not cash the check until you have a new product," said
Keegan. "It all breaks down if there is no viable end market."
Consumers and local governments should bear the increased costs, say officials,
because of the non-economic benefits.
"It takes less energy and greenhouse gases to recycle than it does to harvest raw
material or mine metal ore. We are not degrading the land," said Waste
Management's Ketchum.
"That is why we recycle."
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rF
City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
7118118
TO: Karen Kill,Administrator, Brown's Creek Watershed District
VIA EMAIL ONLY—KKlll@mnwcd.org
RE: Norell Ave—Drainage Area
Dear Karen:
The City continues to review the concept of the application of certain BCWD rules that have been much discussed in
the Norrell Ave/STH 36 area. Many of these rules relate significantly to the issues surrounding Volume control and
meeting "pre-settlement conditions". Further, there has been the implication that since some of these areas are not
delineated in the Revised Cooperative Amendment signed in 2004, (copy enclosed) are now somehow required to
comply with these new standards of the BCWD such as these "pre-settlement" parameters being that they are not
benefitted by such document.We would offer that this may be an incomplete analysis and other rationale applies.
We have enclosed a copy of the 2003 MOU(also enclosed)between the City of STW and OPH that outlined areas for
which an alternative AUAR was permitted to utilize and allow drainage from a delineated area being—SOUTH of STH
36,WEST of Oakgreen Ave and EAST of STH 5.In exchange for downstream access and maintenance,the OPH/STW
MOU required the commitment of$5,000 per acre from OPH to STW for new development on vacant lands to allow
such flow—which has been paid.This MOU and its underlying mapping was based upon being inclusive of the current
flows from already developed parcels within such areas, including those at the west and east comer of Norell Ave&
STH 36. Subsequently,the BCWD was a party to and did sign off on the 2004 revision which incorporated such 2003
parameters. The 2004 revision specifically acknowledges the areas located within the Norell/TH36 intersection and
adjacent parcels as developed or not a"Remaining Parcel".
Therefore the 2004 Amendment and any applicable BCWD rules subsequently then relate to those lands that are not
developed as outlined in Section 1.4-being the"Remaining Parcels";with those already developed areas being already
addressed, managed for and may continue under former rules that were in place and agreed to at that time. Recall,
that already developed/pre-existing parcels are also protected by operation of statute(Minn. Stat 103D.515 or other
statutory provisions under Minnesota law or court decisions commonly referred to as"grandfathering")from wholesale
application of any new regulations.
In addition,Section 4.3 of the 2004 Amendment only applies to the"Remaining Parcels"if the City agrees to such new
rules. Accordingly, as it relates to City developed infrastructure for public purposes, including a newly constructed
roadways on previously developed lands,the City's position is that it is not bound to comply with BCWD controls that
have been promulgated after the 2003 MOU for such lands, and no lands in this area must comply with new BCWD
rules unless these are explicitly agreed upon by the City.Additionally, parcels identified as developed within the 2003
and 2004 documents are generally protected as pre-existing and non-conforming from any new regulations enacted
after those dates.
Short of such other agreements—that perhaps we are missing,we would gladly take any BCWD input as we seek to
develop such parcels and a possible new roadway, but the City cannot be an advocate for pre-settlement conditions
nor constructing a new public stone water utility— re-use system as it is financially infeasible, unsustainable and
impractical in such setting. If the BCWD desires to design,fund and manage a storm water system within the City,the
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City will entertain permit requests for placement of such systems in City right of way, but BCWD will be required to
secure its own access from private properties, acquire land rights as may be necessary,and operate its own utiltiy at
its sole expense to its rate-payers.
The City's position as it relates to private lands within these areas noted in the 2004 Agreement, including the former
Eagles and those other lands not so delineated as"Remaining Parcels"is that no new controls may be implemented
by BCWD beyond what was in place prior to the 2003/04 MOU Agreements and Revisions thereto. Until these
agreements are amended,or the City agrees to new rules-these privately owned developed properties may continue
to reasonably utilize downstream systems and waters subject to those former terms and as protected in Statute similar
to City protections under the law. The City will continue to encourage water quality improvements, however any
application of more stringent regulation—including"pre-settlement"appears confiscatory and a taking of existing land
rights without compensation which we cannot lawfully support.
We can understand that these issues are complex and span decades of agreements, but our goal is to implement
reasonable rules and fairly interpret what has been agreed upon to date.We are awaiting a copy of the 1997 AUAR
documentation from Stillwater, but if you have such documents please forward that to me it might provide further
information on this matter.And, if there is new data or a specific clarification that you can provide relative to the 2003
MOU, its 2004 revision,etc.the City would revisit this issue.
Kind regards,
14
Eric Johnson
City Administrator
Cc: Lee Mann, STANTEC
Mark Vieriing,City Attorney
Scott Richards, City Planner
Andy Kegley, DPW
Weekly Notes
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Memorandum of Understanding
Between
The City of Oak Park Heights and The City of Stillwater
With Regard to
Storm Water Management Issues Within the City of Oak Park Heights'
Central Business District and adjoining lands, Lying South of Trunk
Highway 3 6, East of Oakgreen Avenue and West of Trunk Highway 5
WHEREAS, in August of 2000, the City of Stillwater entered into a
cooperative agreement with Brown's Creek Watershed District relative to the City of
Stillwater's Alternative Urban Areawide Review (AUAR) and studies produced and
published in May, 1997,with final report of December 16, 1997; and,
WHEREAS, the City of Stillwater,with Brown's Creek Watershed District,
implemented measures recommended within the AUAR to protect Brown's Creek and its
tributaries, and acknowledged that their ability to do so requires that parties to that
agreement satisfactorily and promptly perform obligations as specified within the
agreement; and,
WHEREAS, the City of Stillwater constructed a regional treatment system,
which was then designated,owned and maintained by the City of Stillwater,described as the
Brown's Creek Trout Stream Mitigation Project(TSMP);and,
WHEREAS, the studies that were performed by the City of Stillwater
relative to storm water management within the AUAR included areas within the City of Oak
Park Heights located south of Trunk Highway 36, west of Oakgreen Avenue and east of
Trunk Highway 5; and,
WHEREAS, the August, 2000 cooperative agreement between the City of
Stillwater and Brown's Creek Watershed District i ncluded t hose t erritories t hen a xisting
within the City of Stillwater, but did not include within its parameters the areas within the
City of Oak Park Heights, otherwise studied and included in the calculations for the AUAR
reports; and,
WHEREAS, the City of Oak Park Heights has indicated its desire to join
with the City of Stillwater in the AUAR regulations,under the terms and provisions of the
August 2000 cooperative agreement with the City of Stillwater and Brown's Creek
Watershed District;and,
WHEREAS,the City of Stillwater has applied to Brown's Creek Watershed
District to amend the August 2000 cooperative agreement to include the areas of the City of
Oak Park Heights identified above.
NOW THEREFORE,the Cities of Oak Park Heights and Stillwater herewith
agree as follows:
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1. Processing of applications, payment of fees, regulation of storm
water r elative to vacant and undeveloped lands. T he C ity o f Oak Park Heights shall
continue to receive applications and process same, relative to the development of lands
within the area impacted by this agreement. The City of Oak Park Heights shall notify the
City of Stillwater, relative to-developments that are proposed to be initiated within the
area specified and, for every development that is hereafter pursued and constructed, shall
collect on behalf of the City of Stillwater,the fees specified herein. The City of Stillwater
shall provide the technical evaluation and analysis of development projects for purposes
of compliance _with the terns and provisions of the Brown's Creek Trout Stream
Mitigation Project, AUAR regulations and the terms and provisions of the cooperative
agreement of August 2000, between the City of Stillwater and the Brown's Creek
Watershed District.
(a) There shall be paid to the City of Stillwater by the City of Oak Park
-Heights, the 'sum of $5,000.00 per- developable, acre for each development that is
constructed w ithin t he a ffected a rea, under permit from the City of Oak Park Heights.
This amount shall be adjusted annually, effective January 1 of each calendar year, based
upon the national Construction Cost Index, as determined by the City of Oak Park
Heights. The computation of acreage provided for herein shall exclude existing
wetlands and existing ponds on the site of each development,but shall otherwise include
all lands within the boundaries of each parcel so affected. The terns and provisions of
this agreement shall not apply to the reconstruction, remodeling or redevelopment of
existing parcels now served by existing development within the City of Oak Park
Heights, but shall only apply to vacant parcels that exist within the City of Oak Park
Heights,within the confines of the area so described,which are anticipated to be less than
one hundred(100) acres in number, as of the date of this agreement. The aforementioned
fee shall cover the City of Oak Park Heights'responsibilities, relative to any on-going or
future maintenance of the TSMP improvements and/or any monitoring requirements, as
outlined in the Monitoring Plan noted in the original AUAR agreement.
(b) The City of Stillwater shall provide its input and overview relative to
storm water management issues within the area so described, so as to be compliant with
the terms and conditions of the August, 2000 cooperative agreement, and the same shall
be implemented by the City of Oak Park Heights relative to vacant lands that are being
developed under the terms and provisions of this agreement.
(c) The City of Oak Park Heights shall continue to implement storm water
project improvements within the borders of the area described within this agreement, as
the same have been planned and projected for by the office of its city engineer. All such
plans'and improvements, notice and information relative to same shall be made available
between the engineering departments of the Cities to this agreement, prior to the
implementation and improvement being constructed within the City of Oak Park Heights.
(d) Payments due from the City of Oak Park Heights relative to
improvement projects implemented on vacant lands within the area described, shall be
due and payable only after the same have been collected by the City of Oak Park Heights
from the land developer,but shall be forthwith paid to the City of Stillwater within fifteen
(15)days of their receipt,by the City of Oak Park Heights.
16 of 35
2. Subsequent modifications and amendments of the AUAR
regulations and/or cooperative agreement of August 2000,between the City of Stillwater
and the Brown's Creek Watershed District. There shall be no modifications, amendments
or changes made to the AUAR regulations or the cooperative agreement between the City
of Stillwater and Brown's Creek Watershed District, unless the same has first been
presented to, and approved by, the City of Oak Park Heights. The City of Oak Park
Heights shall not unreasonably withhold consent to any regulation or improvement that
does not have an immediate and direct impact on lands within the City of Oak Park
Heights.
3. Reconstruction. Although the TSMP and the improvements constructed
as part of the TSMP have an estimated useful life of 50 years from the date of their
construction and reconstruction is not contemplated within the foreseeable future, should
reconstruction be proposed in the future the Cities of S tillwater a nd O ak P ark h eights
shall -confer with regard to the need, scope,..design and specification .for the
reconstruction. The costs associated with such reconstruction shall be shared by the
communities on a pro rata basis utilizing the number of acres each community
contributes to the AUAR relative to the total acreage of the AUAR.
4 Amendment of Brown's Creek and Stillwater Cooperative Agreement
of August 2000.Upon the execution of this agreement Stillwater will petition Brown's
Creek Watershed District for an amendment to the Cooperative Agreement of August
2000 to include the described area of Oak Park Heights within the boundaries of the
AUAR and allowing the non-described areas of Oak Park Heights now located within the
Browns Creek watershed District to existing District volume control regulations.
5. Future Watershed District Boundar�justments. In the event that any
existing areas of Stillwater and/or Oak Park Heights are reassigned for storm water
flowage and Watershed District regulation to agencies other than Brown's Creek or its
successor, then and in that event all s uch r eassigned a reas s hall b e e xcluded from t he
provisions of this agreement from and after the date of such reassignment however any
fees paid hereunder shall not be refunded or returned.
DATED THIS / •day ofYI _`403 .
of water
• I
City of Oak Park Heights
17 of 35
REVISED COOPERATIVE AGREEMENT
For a Project to Manage Stormwater and Protect Water Quality in the
Brown's Creek Watershed,Washington County,Minnesota
The parties to this Revised Cooperative Agreement("Revised Cooperative
Agreement")are the City of Stillwater, a Home Rule City of the Third Class,
existing under the constitution and laws of Minnesota("Stillwater"),the City of
Oak Park Heights, a statutory city("Oak Park Heights')and Brown's Creek
Watershed District("BCWD"),a watershed district created pursuant to Minn.
Stat. §103D.
Recitals and Statement of Purpose
WHEREAS Brown's Creek is a unique and important natural resource and
a designated trout stream located within the Twin Cities metropolitan area, the
ecological health and habitat viability of which depend on the maintenance of
water quality,water temperature, and stable flow character.
WHEREAS, Stillwater conducted an Alternative Urban Areawide Review
(AUAR)for areas proposed to be annexed by Stillwater between now and the
year 2020 and produced a Report(May 1997) and Final Report(December 16,
1997)(together,the"AUAR Reports")reviewing impacts to water resources from
development in the annexation area consistent with the Stillwater comprehensive
plan and proposing means of mitigating those impacts.
WHEREAS,the implementation and use of regional measures to manage
stormwater may serve to allow properties within the drainage area to meet the
requirements of BCWD rules,the AUAR, and Stillwater and Oak Park Heights
ordinances in a more cost-effective way than managing stormwater on an
individual site basis.
WHEREAS,the parties desire to implement measures recommended in
the AUAR to protect Brown's Creek and its tributaries and acknowledge that their
ability to do so requires that each party satisfactorily and promptly perform its
obligations and cooperate with the other party on those tasks. As used in this
Revised Agreement,the Regional Treatment System that will be designed,
constructed, owned and maintained by Stillwater is described as the Brown's
Creek Trout Stream Mitigation Project("TSMP").
1
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WHEREAS,on August 7,2403, Stillwater and Oak Park Heights have
reached an agreement establishing terms on which land within Oak Park Heights
may drain to the TSM?,entitled"Memorandum of Understanding Between The
City of Oak Park Heights and The City of Stillwater With Regard to Storm Water
Management Issues Within the City of Oak Park Heights' Central Business
District and adjoining lands,Lying South of Trunk Highway 36,West of
Oakgreen Avenue and East of Trunk Highway 5"("Stillwater/Oak Park Heights
MOU")and Stillwater and the BCWD have determined the TSM?as designed
will manage surface water flows from the areas described in this Revised
Agreement so as to protect Brown's Creek,its tributaries and the other water
resources within the watershed.
NOW,THEREFORE,the parties enter into this Revised Agreement to
document their understanding as to the scope of their undertaking;reaffirm the
commitment of each party as to the responsibilities and tasks to be undertaken by
each party; establish procedures for performing these tasks and responsibilities;
and facilitate communication and cooperation among the parties to ensure
successful completion of the undertaking.
AGREEMENT
1. General Responsibilities and Performance Guidelines
1.1 A Work Plan describing the tasks and schedule anticipated in
performance of the TSMP*is incorporated in this Revised Agreement by reference
(Exhibit"A"). Consistent with its obligations under this Revised Agreement,
Stillwater will retain final authority as to the manner in which it implements the
responsibilities assigned to it but will provide the BCWD and Oak Park Heights
the opportunity for review and comment with regard to the design, construction,
operation and maintenance of the TSMP by timely providing any documents that
another party requests and will cooperate with each other party in good faith to
achieve goals of this Revised Agreement.
1.2 With respect to compliance with paragraph 2.4.1(b)of the BCWD
Rules, the TSMP,within the area subject to the terms of this Revised Agreement,
constitutes a regional facility pursuant to paragraph 2.7.4(c)of those rules.
1.3 The area of Stillwater that is subject to this Revised Agreement is
limited to Phase I,Phase II, Phase III, and Phase IV as described in the Orderly
Annexation Agreement between the City of Stillwater and Town of Stillwater
dated August 16, 1996. Areas not described in this section, and areas that become
2
19 of 35
part of the City in the future by reasons of annexation or other expansion,are not
subject to the exception unless this Revised Agreement is amended to include
those areas. The orderly annexation area is described in Exhibit"B,"Phase I on
Exhibit "C,"Phase II on Exhibit"D,"and Phase III on Exhibit T." Phase IV is
that part of the orderly annexation area(Exhibit"B")not shown on Exhibit"C,"
"D" or "E."
1.4 Also subject to this Revised Agreement is that part of Oak Park
Heights labeled on Exhibit F as"Remaining Parcels in the BCWD to be
Developed Subject to the Revised Cooperative Agreement." Oak Park Heights
recognizes that a portion of this area lies within the BCWD hydrological
boundary but currently outside the BCWD legal boundary, and therefore that
development of this portion may be subject to the stormwater management review
of another watershed management organization.
1.5 All designs,written materials,technical data,research or any other
work in progress concerning implementation of the TSMP must be available for
review and copying by the other party, except to the degree limited by law.
1.6 Review and comment as provided for in this Revised Agreement
means distribution of the documents or materials in question to each other party
for a 30-day opportunity to review and comment. This period shall begin on the
later of(a)the other party's receipt of documents under paragraph 1.1;or(b)the
other party's receipt of documents pursuant to a request under paragraph 1.4 made
within 15 business days of the Administrator's initial receipt under paragraph 1.1.
Stillwater will in its discretion ensure that review occurs at a time when any
comments may be meaningfully considered and implemented by Stillwater. The
parties agree to consider all timely comments fully and to modify documents or
materials to the extent feasible.
1.7 In the event of conflict between the terms of the Stillwater/Oak
Park Heights MOU and this Revised Agreement,the Stillwater/Oak Park Heights
MOU, specifying the terms by which land within Oak Park Heights may drain to
the improvements described at paragraph 2.1 of this Revised Agreement, shall
supersede the terms of this Revised Agreement as to the rights and obligations of
Stillwater and Oak Park Heights with respect to each other. Nothing in the
Stillwater/Oak Park Heights MOU shall affect the rights and obligations of the
BCWD as set forth in this Revised Agreement,nor shall Stillwater deny any lands
credited by the BCWD under paragraph 4.1 of this Revised Agreement the use of
the improvements to the extent contemplated in the plans for development of
those lands incorporated into a BCWD permit.
3
20 of 35
1.8 This Revised Agreement shall apply to land within Oak Park
Heights, and to the rights and obligations of Oak Park Heights, effective
retroactive to August 7,2003.
2. Structural Improvements
2.1 Stillwater will prepare plans and specifications for the
construction, operation and maintenance of the proposed improvements and
distribute them for review and comment in accordance with paragraph 1.5.
2.2 Stillwater will be responsible for selecting the contractor or
contractors to perform the construction of the improvements,negotiating
construction contracts and supervising project construction. It will be responsible
for obtaining any governmental permits and conducting any environmental
reviews necessary for the construction, operation and maintenance of the
improvements, and for acquiring any property or access rights needed to desiga,
construct, operate and maintain the improvements.
2.3 Stillwater will take all reasonable and feasible measures to
minimize impacts on Long Lake and Brown's Creek that are caused by
development that takes place before and following complete construction and
operation of the TSMP and all elements thereof.
3. Responsibility for Costs.
3.1 Stillwater will be responsible for all project costs for the design,
construction and maintenance of the TSMP. Nothing in this section will limit the
right of Stillwater to seek contributing funds from any entity other than BCWD
that contributes flows to the TSMP on any basis allowed by law.
3.2 Stillwater and BCWD will exercise reasonable efforts to secure
outside means of funding for activities under section 2. The parties will assist and
cooperate in these efforts.
4. Application of BCWD Rules to Areas Affected by the Improvements.
4.1 It is the intent of the parties that the improvements constr c ed
pursuant to this Revised Agreement constitute a regional facility for managing
stormwater flow volume within the area described at Paragraphs 1.3 and 1.4 of
this Revised Agreement. Therefore,pursuant to Paragraph 2.7.4(c)of the BCWD
4
21 of 35
( J
rules,development within the area described in this Revised Agreement is
deemed to be in compliance with the standard at Paragraph 2.4.1(b)of the rules.
4.2 Stillwater will cooperate with the BCWD on any monitoring the
BCWD may undertake with respect to TSMP performance and water resource
conditions,and will provide a location for a BCWD monitoring facility as
identified jointly by the parties. This shall not obligate Stillwater to pay the cost
of any such monitoring,except as may be specified in the monitoring plan
referenced in paragraph 5.1 of this Revised Agreement.
4.3 Nothing in this Revised Agreement affects the authority or
responsibility of the BCWD to revise paragraph 2.4.1(b)of its rules as
appropriate. In the event a revision of paragraph 2.4.1(b) should impose a stricter
standard than presently applicable to the Orderly Annexation Area as described in
Paragraph 1.3 of this Revised Agreement,or the area of Oak Park Heights
described in Paragraph 1.4 of this Revised Agreement, any permit applicant
subsequent to adoption of the revised standard would be required to meet that
standard, after consultation and agreement of the municipalities within the
drainage area of the Regional Treatment System or TSMP as defined in
Paragraphs 1.3 and 1.4 of this Revised Agreement. An applicant within the area
described in Paragraphs 1.3 and 1.4 of this Revised Agreement will receive
compliance credit for that degree of volume control that the TSMP is providing,
but also shall be required to provide for such additional volume control as is
necessary to meet the standard. A revised standard would operate only as to
applications considered after adoption of the revision, and would not operate
retroactively to any existing development.
5. Monitoring Plan
5.1 The parties,with the participation of other interested governmental
bodies,jointly will develop and implement a monitoring plan("Monitoring Plan")
that will identify specific sampling procedures, analytic methods,detection limits,
and quality assurance and quality control procedures to facilitate the accurate
measurement of baseline data and any water quality or quantity impacts within the
Long Lake drainage area and areas downstream. The specific monitoring
activities for which each party is responsible will be identified in the Monitoring
Plan.
5
22 of 35
6. Remedies.
6.1 In the event that periodic sampling or analysis done by BCWD or
the Monitoring Plan reveals that the TSMP or any associated improvements are
not functioning to meet BCWD volume control standards,the BCWD will meet
and confer with Stillwater and Oak Park Heights to determine appropriate
curative action.
6.2 In the event the parties cannot agree on an appropriate curative
action,BCWD may send a notice to Stillwater and Oak Park Heights entitled
"Notice to Cure,"describing the curative action necessary. The notice must allow
Stillwater six(6)months to cure.
6.3 If curative action is not taken, or for any other dispute between the
parties arising under this Revised Agreement,the parties agree to mediation for a
minimum of ninety(90) days before seeking redress in the District Court of
Washington County,Minnesota. Mediation shall be conducted pursuant to
procedures,and with a mediator, agreed on by the parties. The 90-day period
shall commence on the written request of either party for mediation under this
paragraph.
7. Indemnification
7.1 Stillwater agrees to defend,indemnify and hold harmless the
BCWD against claims including those made by third parties that arise out of the
design,construction or maintenance of the TSMP, whether during construction of
the system or after its completion.
8. Notice.
8.1 Notices to the parties to this Revised Agreement shall be given by
hand delivery or first-class mail addressed to an elected or appointed
representative of a party or a person as the party may designate. Documents
required to be provided pursuant to paragraph 2.1 must be addressed to the
BCWD Administrator at the BCWD's designated address and to the City
Administrator,Oak Park Heights,unless otherwise specified by either party in
writing.
6
23 of 35
9. Amendments.
9.1 This Revised Agreement may be amended only by agreement of
the parties in writing.
10. Effect and Binding Nature.
10.1 This Revised Agreement replaces and supersedes the August 18,
2000 Cooperative Agreement executed by Stillwater and the RCWD as of the date
on which this Revised Agreement has been fully executed by all parties.
10.2 This Revised Agreement will be binding on the parties and their
respective successors, whether by merger,consolidation or transfer of authority to
another government agency,to the fullest extent permitted by law.
11. Termination.
11.1 This Revised Agreement shall remain in effect in perpetuity. Any
party may withdraw its participation under this Revised Agreement on two (2)
years'written notice to the other parties. Before termination is finalized,the
parties shall meet in good faith to attempt to resolve the reasons for the noticed
withdrawal.
IN WITNESS WHEREOF,the parties hereto have executed this Revised
Cooperative Agreement.
CITY OF STILLWATER
Date 7 ,MayK
/,Z.&W And- 4X.7•
DateDiane F.Ward, City Clerk
CITY R-E1 S
By:
Date Da ' eaudet,Mayor
2�U And:
Date 49ric Jo n, City Administrator
7
24 of 35
BROWN'S CREEK WATERSHED DISTRICT
By
Date Craig Leiser, President
25 of 35
r EXHIBIT "A"
Work Plan for TSMP
Item 7!1!2000 Status Estimated Completion
Aat
Trout Stream Realignment— Completed Spring 2000 Completed
Oak Glen Segment
McKusick Downstream Out for bid Fall 2002
Conveyance Im rovement
McKusick Lake Diversion Partially Complete Fall 2003
Construction
Long Lake Outlet Control Conceptual Design 2005
Long Lake Conveyance System Partially Complete 2007
Improvements
26 of 35
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31 of 35
MAOSC State Newsletter—July 16,2018
We wish the best and a speedy recoveryfor the numerous small cities across southern Minnesota and other portions of
the state stricken by persistent heavy rains and widespread flooding in recent weeks.
New MAOSC Board officers
The MAOSC Board of Directors has a new look after uncontested elections were held at the June annual meeting in St.Cloud. Mary
McComber succeeds Tina Rennemo as President,Tim Burkhardt replaces McComber as Vice President,Jeff Kletscher retains his
duties as Secretary,and Shannon Mortenson replaces Lori Jorgenson as Treasurer.Thank you to Tina and Lori for your tireless
efforts on behalf of MAOSC,and continued service on the Board!Board officers serve two-year terms starting July 1. Board member
elections also were held for three-year terms starting on July 1.Incumbent Board members John Douville,Michael Hammes,James
Joy and Joel Young will continue serving in their respective seats.
In other business,five in-state Board gatherings were approved for the 2018-19 fiscal year.The fall retreat is set for Oct.5-6 in
member city Grand Marais, regular Board meeting on Nov. 15 will be in member city Paynesville,a Legislative Reception and Board
meeting will be scheduled for February(date to be determined)in St.Paul,an April 2019 meeting(date pending)will be held in
member city Oak Park Heights,and the annual meeting is set for June 26,2019 in Duluth. In addition,the annual Washington,DC
trip to meet with federal representatives from Minnesota is set for Sept.5-7.
The Board of Directors also approved a two-year contract renewal starting July 1 for Sletten Government Affairs and Public Policy
LLC with Jill Sletten as MAOSC executive director and lead lobbyist.
Welcome new MAOSC members
We greatly appreciate new members joining the Minnesota Association of Small Cities.Our latest additions are Beardsley,Dodge
Center and Watson.Thanks for joining!Our member cities have a done a great job of talking about the favorable impact MAOSC has
on legislative and executive activities at the state level,as well as federal policy making when meeting with officials from other small
communities.Word-of-mouth still works best!
Public Facilities grants awarded
The immense needs for repairs and replacement of critical water infrastructure in small cities across Minnesota are unprecedented
now.The legislature failed to designate any low-cost general obligation bonding for wastewater and drinking water infrastructure in
small cities in its 2018 borrowing package,opting instead to designate uncertain,high-interest revenue bonds that might or might
not become available to be utilized in the months to come due to constitutional concerns and unnecessary interest expenses.
Currently,the most dependable source for state funds to address the widespread problem comes from the Public Facilities Authority
(PFA),which makes low-interest loans and grants available to finance infrastructure that might otherwise be unaffordable to
communities if they had to borrow money for the projects at market rates.Seven MAOSC member cities have benefited from PFA
grants and low-interest loans announced in recent months.
The MAOSC member PFA awardees include:Bird Island-$544,369,Clarissa-$2.597 million,Courtland-$3.178 million,Dalton -
$3.514 million,Eagle Bend-$2.95 million,Northrop ,$342,204,and Welcome $959,200.
Small cities honorees
As usual,MAOSC joined in with the League of Minnesota Cities(LMC)at the annual conference in St.Cloud last month where the
2018 City of Excellence Award winners were announced.Congratulations to Clarkfield for claiming the Under 5,000 population City
of Excellence Award by partnering with its local charter school,area businesses,organizations and residents to make their
Community Child Care Center initiative a reality.The center will offer 58 child care spots including 24 infant and 14 toddler spots,
and provide high quality care and education at an affordable rate.The City hopes the new center will make Clarkfield a more
attractive place to live,and help the community expand in new ways.
Several MAOSC member cities completed benchmark steps in the past year in the Minnesota GreenStep Cities program and were
recognized.Crosslake,Lewiston and Vesta were honored for completing Step One;Milan achieved Step Two;and Warren was
among six cities climbing up to Step Three.GreenStep Cities is a free,voluntary program designed to help Minnesota cities meet
environmental sustainability goals through the implementation of 29 best practice actions that are separated into five categories or
"steps"that are recognized annually at the annual conference.
32 of 35
Funding sources and opportunities change frequently,requiring expertise and experience to find and sort through available
programs and match them to clients'needs. Bolton&Menk has a thorough understanding of the application process,relying on its
internal expertise to write effective grant proposals based on a strong knowledge of what works best.
There is no such thing as a one-size-fits-all solution.Bolton&Menk recognizes that every project is unique,and accordingly,clients
receive highly personalized service.
MNLARS investigations
We are encouraged to see the well-respected Office of Legislative Auditor(OLA)review the still-unresolved Minnesota licensing and
registration system(MNLARS)troubles that have resulted in long delays and high costs for deputy registrars across the state.MAOSC
member cities host more than 20 of the deputy registrar offices,so the ongoing problems have an especially adverse impact in those
communities.
The MNLARS proposal was initiated in 2009,so its history spans both DFL and Republican administrations,and changing legislative
majorities.All sides should not only accept responsibility for the slow roll out and high costs,but commit to finding the quickest yet
least-costly fixes.The watchdog OLA is taking its responsibilities seriously,and has initiated four related investigations.Stay tuned.
See: httas://www.twincities.com/2018/07/05/minnesotas-dmv-system-under-the-scrutiny-of-4-watchdoa-investiaations/
Remote sales tax collections
The U.S.Supreme Court has reversed its earlier constitutional stance regarding the outdated"physical presence"standard,freeing
up out-of-state sales tax collections to benefit state and local government tax collections,and finally putting main street retailers on
an equal footing with e-commerce shippers.The 5-4 decision in South Dakota v. Wayfair strikes down the"physical presence"
requirement established in 1967(sellas Hess decision)and upheld in 1992(Quill). Despite the narrow Wayfair decision,none of the
justices defended the outdated constitutional basis, but dissenters held out hope that Congress would regulate. In fact,Congress
steadfastly refused the opportunity to act over the past 26 years,and the states finally have been rewarded for taking the initiative.
Our main street retailers in small cities have suffered,and their numbers dwindled steadily over the past quarter century as e-
commerce received a free pass and preferential tax treatment.Those tax-favored remote sales items got delivered by trucks and
vans over our crumbling city streets paved largely with property tax dollars paid by local businesses and residents.With sales tax
revenues lagging as e-commerce sales boomed,it wasn't coincidental that state aids to cities declined 63 percent between 1990 and
2016—adjusted for per capita changes and inflation(North Star Policy institute data).
The exact revenue impact for Minnesota's state coffers is not yet known as no tracking mechanism has been established.A federal
rough estimate places the biennial revenue impact at around$338 million,give or take$74 million.This GAO revenue estimate is
viewed as conservative by some industry groups supporting main-street businesses that have offered higher estimates in the past.
In anticipation of the high court reversal,MAOSC worked closely with legislative leaders in transportation and taxes throughout this
year.We discussed how small cities that have been largely left out of constitutional and statutory dedicated streets funding could
benefit directly from the anticipated increase in remote sales tax collections.Although no major tax provisions survived the process
in 2018,existing statutes allow for the new collections as soon as this month.The Department of Revenue has indicated that it will
attempt to implement a process for collections as soon as October of this year.
MAOSC will renew its efforts to claim a rightful share of the new sales tax revenue for small cities'streets funding by seeking a long-
term dedicated funding solution when legislators return for the 2019-20 legislative session. Beyond question,small cities in our state
were disproportionately penalized by the unfair"physical presence"rule,and now should be afforded proper compensation.
Small Cities Streets funding
The Small Cities Streets program was initially funded in FY16 through a$12.5 million general fund appropriation,with no funding
provided in fiscal year 2017.The legislature appropriated$8 million in each of the fiscal years 2018 and 2019(with no base funding
for future years). MAOSC and LMC are working together in favor of funding levels estimated at$59 million yearly.
The formula rate basis and breakdown of 2019 funding for each qualifying city is listed here:
httn://frles.constantcontact com/3ob79aob10I/88d603da-70a6-4749-92df-58e58c1b82df.odf
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Minnesota Association of Small Cities Shorts
Minnesota Small Cities'Shorts
"Small Cities'Shorts"ore brief yet noteworthy items featuring MAOSC member cities and officials.Readers can submit potential
Small Cities'Shorts or other feature ideas by emailing James Robins at: 1g.LnesQEgt.ne Vyah o.rcrn.
Two town baseball clubs call Milroy home with separate fields in differing leagues.Nearby communities Vesta and Lucan also earn
a mention in this lengthy feature article:
http✓/www.startribune.com/fomily-feud-leads-to-two-town-ball-teams-in-little-milrov-minn/487577931/
School district and city both stand to benefit in a Harmony land swap:
http;//fi'llmorecountvlournal.com/land-swan-between-city-of-harmony-and-frilmore-central-approved/
After 150 years away,the tattered Civil War flag hand sewn in Morristown returns home to Minnesota:
httns://www.twincities.com/2018/07/04/famed-civil-war-f/aa-bock-in-minnesotl
A few problem rental landlords lead to Frazee adopting a three-strikes crackdown policy:
https://www.dl-online.com/news/4461381-frazee-crack-down-problem-landlords
Plans for a private medical school located in the vacated public school building in Gaylord could be assisted by establishing a TIF
district,currently under consideratinn by city leaders-
http://www.mankatofreepress.comlnewsliocal news/city-considering-tax subsidy-for-oaviord-medical-school/article O1a8dc30-6e8c-11e8-965a-
7f1261db3383.html
Residents in Nevis now have a Parks ordinance covering hours,permits for large gatherings and other policies:
htt.,�s,/fwww.porkropidsenterprise com/news/4461298-new-park-ordinance-approved-nevis
"Tykes"learners in Mountain Iron get TIF approval for a new center in unanimous council vote:
http://www.virainiamn.com/news/mt-iron-creates-tif-for-tykes-learnina-center/artide 5d55f1ce-7366-IIe8-8b54-43fa6e90dfdfhtml
Gold Sponsor Feature:
Bolton &Menk
The MAOSC newsletter regularly highlights our top sponsors,showcasing the services they provide to small cities across Minnesota.
This month we feature Bolton&Menk-www.bolton-menk.com.
With 18 locations across three Upper Midwest states,Bolton&Menk can work closer and be more responsive to its clients.These
local ties lead to a true understanding of the people,needs and resources in the communities served by this wide-ranging
professional services firm.
Hired as the consultant city engineer for more than 150 cities,Bolton&Menk takes care of clients by crafting the best services and
solutions for them,including advocating for communities,designing their dreams,and finding the necessary funding.Their
workforce operates throughout the Upper Midwest,taking pride in the services they provide to the communities where they live
and work.
Bolton&Menk understands the challenges small cities face based on experience and relationships to get funding that moves
projects forward.Rural Development efforts began in 1995,resulting in successfully securing more than$56 million in funding.
Recognizing additional needs, Bolton&Menk expanded support efforts to include a variety of other funding sources.Since 2013
alone,$75 million in transportation funding has been secured,leveraging$203 million in client projects.
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Innovative'Branding'explored
What does it take to attract new residents and businesses to small cities?
One of the new trends has been to bring in experts who can formulate"place branding'that often involves tailored efforts that go
beyond catchy new phrases and logos. Member city Hallock is working with Twin Cities-based Bodega Ltd.to bring new economic
energy to the northwestern Minnesota community.Still,a catch-phrase usualiv is nart of the deal. Hallnrk is going with"Things are
clearer up here."
See: hqp
stor bDyne.ga�a,�`agll m�aia��a��sr f _owns turn-for randin -c Fencies to-save..t
-END-
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