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weekly notes - September 14th 2018
hh 41 P� 111 CITY OF OAK PARK HE OTES for: September 10,2018 TO: City Council Me ers taff FROM: Eric Johnson, ity A 7 Zonina and Development Items: 1. No new applications have been re 'ved. 2. Various code enforcement letters have been issued by the Building official—yard maintenance,temporary signs and debris pick-up. 3. The City is negotiating the final Developer's Agreement with the former eagles site developer and hope to have that completed next week. 4. Relative to the Palmer Station Development—Nighttime Road closures at Oakgreen Ave will commence on Monday evening 8 pm to Gam—fully reopening on 9/20/18 at 6 AM.The project appears to be moving along without major issues. Other Items: • MSCWMO—Agenda for 9/13/18. • There is a tentatively planned ribbon cutting for the Community Thread-DARTS bus—planned for 10/22 9 am.To be held at the Community Thread Building. More information pending.Also, Community Thread did send a thank you letter for the City annual$3,000 contribution—not related to DARTS bus. • The City's contract with its waste hauler expires at the end of 2019.However,the City may at its option extend the agreement for a period of time not to exceed three years.No action necessary,however we want be sure Tennis Sanitation fully understands that such action might take place and what impacts may be to them and our ability to service solid waste/recycling pick-up. • Mayor McComber,Betty Caruso and I met with Xcel Energy and Washington County representatives to discuss various issues that may be forthcoming as Xcel Energy pursues tax law changes.Naturally,the City membership with Coalition of Utility Cities remains vital and will likely engage this request from Xcel.As the future legislative session unfolds we will monitor the matter closely. I have enclosed the agenda from the meeting. Mayor McComber provided: 1. LMC Bulletin 9-10-18 2. NLC Weekly for 9-8-18 3. Schedule of Upcoming Meetings with the Xcel Energy—Integrated Resource Plan 4. Information on Stillwater High school Homecoming—Pony Pride 5. NLC Federal Advocacy Update for 9-11-18 Please let me know if you have any questions-651-253-7837 Call Anytime. (Nor TxU' a I �� � l 8 NeIC Ccw+w -551,-PL_ Mernivi. Hft FEEnv CWe-CL�i� 1 of 50 w City of Oak Park Heights 14168 Oak Park Blvd.N.—P.O.Box 2007 Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 5,2017 Jason &Kelly Michaelson 1511765 th Street, N. Oak Park Heights, MN 55082 Re: Yard Maintenance Dear Jason & Kelly: I am writing to you regarding the condition of the yard area at your home. The shrubs throughout the property need to be trimmed. Particularly those at the front of the house on 65th and those at the corner of 65th, where they have grown to a point that they are creating a visual obstruction and safety hazard to vehicular traffic site lines at the corner. City Nuisance Ordinance 1109 defines a public nuisance as a "thing, act, or use of property which shall annoy, injure, or endanger the health, safety, comfort or repose of the public." A copy City ordinance 1109 is enclosed. Additionally, it does appear that you have vehicles parked off the gravel driveway and upon the yard areas. City Ordinance requires that vehicles(including campers) be parked upon a hard surface. A grassed lawn area is not considered a hard surface for parking. This communication directs that the shrubs and other vegetation over growth, at this property, be trimmed so as to abate the current nuisance condition. Those at the roadway shall be trimmed back so that so that clear traffic site lines are created to ensure safe vehicular and pedestrian travel. All vehicles parked upon the yard area shall be removed or relocated to the driveway. Compliance shall be made no later than Monday, September 201. Your continued maintenance to prevent reoccurrence of this nuisance is required. A compliance visit shall be made after the 2411 of September. Your prompt attention is appreciated. I am happy to visit with you on site should you have any questions regarding this request and what is needed. Sincerely, PLANNING &CODE ENFORCEMETN Ju ie Itman Buil in Official Enclosure PC: Eric Johnson,City Administrator(w/o enclosure) Brian DeRosier,Chief of Police(w/o enclosure) 2 of 5o Email: jhultman@cityofoakparkheights.com City of Oak Park Heights 14168 Oak Park Blvd.N.—P.O.Box 2007 Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 July 3, 2018 Lynne Hellerman 1508 Hallewood Blvd. New Richmond, WI 54017 Re: 15105 63rd St. N.: Yard Maintenance Dear Lynne: We spoke in July and again in late August regarding the yard maintenance needing to be finished up and maintained; at which time,you indicated that you would be over to the property in the next day or so and would have things finalized within a week or two easily. I do appreciate the efforts both you and your son have extended toward maintaining the yard; however, as of today,the work we spoke about remains undone and the apple tree needs trimming. Following up to my voice message of 2:30 p.m.today, the following items need to be accomplished by Monday. September 17 2018: 1.. Trim the apple tree; 2. Mow the lawn; 3. Trim (grass/weeds); and 4. Spread the pile of wood chips over the rear yard. A compliance check will be made Tuesday, September 18th. If compliance is not found,the matter will be forward to the OPH Police Dept. for citation consideration to you for violation of City Nuisance Ordinance 1109. Your prompt attention is important and appreciated. Sincerely, PLANNING &CODE ENFORCEMENT u ie ultman Buil i Official pc: Eric Johnson, City Administrator 3 of 50 City of Oak Park Heights 14168 Oak Park Blvd. N.—P.O. Box 2007 Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 September 11, 2018 Manager Oakridge Place 6060 Oxboro Ave. N. Oak Park Heights, MN 55082 Re: Temporary Signs Display and Special Events Dear Manager: The City of Oak Park Heights regulates temporary signs and special events through City Ordinance 401.15.G.7 Special Events. City Ordinance requires that you obtain a Special Event permit for the temporary placement of signage upon your property. Special event permits are limited to limited to 50 calendar days a year and have no cost. There are special event signs& banners in place upon the building and the yard area at Oakridge Place, which have been placed without a special event permit having been issued. This sign placement is in violation of City Ordinance 401 15 G -Signs and shall be removed or a special event permit obtained,for their placement prior to Wednesday September 26 2018. 1 have enclosed the Special Event Ordinance and permit application for your use. Your prompt attention is appreciated. Please contact me with any questions you may have. Sincerely, PLANNING & CODE ENFORCEMENT 1: - Jule ultman Building Official Enclosures pc: ZEric Johnson, City Administrator 4 of 50 4k City of Oak Park Heijzhts 14168 Oak Park Blvd.N.—P.O.Box 2007 Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 September 11, 2018 Manager Kohl's 5805 Krueger Lane N. Oak Park Heights, MN 55082 Re: Temporary Signs Display and Special Events Dear Store Manager: The City of Oak Park Heights regulates temporary signs and special events through City Ordinance 401.15.G.7 Special Events. City Ordinance requires that you obtain a Special Event permit for the temporary placement of signage upon your property. Special event permits are limited to limited to 50 calendar days a year and have no cost. As of today,there are signs at the yard are of the store that are in violation of City Ordinance 401.15.G -Signs. The signs either need to be removed or a special event permit obtained prior to Wednesday, September 26 2018. 1 have enclosed the Special Event Ordinance and permit application for your use. Your prompt attention is appreciated. Please contact me with any questions you may have. Sincerely, PLANNING &CODE ENFORCEMENT C Juli H Itman iciBuf al Enclosures pc: "/Eric Johnson, City Administrator 5 of 50 ON of Oak Park Heights 14168 Oak Park Blvd. N.—P.O.Box 2007 Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 September 11, 2018 Manager AT&TStore 131816011 St. N.,Ste. 101 Oak Park Heights, MN 55082 Re: Temporary Signs Display and Special Events Dear Store Manager: The City of Oak Park Heights regulates temporary signs and special events through City Ordinance 401.15.G.7 Special Events. City Ordinance requires that you obtain a Special Event permit for the temporary placement of signage upon your property. Special event permits are limited to limited to 50 calendar days a year and have no cost. As of today,there is a flag pennant in the yard area at 6011 St. This sign is in violation of City Ordinance 401.15.G-Signs. The pennant shall be removed or a special event permit obtained for its placement, prior to Wednesday September 26 2018. 1 have enclosed the Special Event Ordinance and permit application for your use. Your prompt attention is appreciated. Please contact me with any questions you may have. Sincerely, PLANNING &CODE ENFORCEMENT Juli ultman Buil 'ng Official Enclosures pc: -Eric Johnson, City Administrator 6 of 50 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007• Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 September 11, 2018 Mr. Richard Smith 14651 62nd St. N. Oak Park Heights, MN 55082 Re: Refrigerator at Front Yard of 1465162 nd St. N. Dear Mr. Smith: The City has received a complaint about a refrigerator that has been sitting in your front yard for some time. I was by on August 28th and observed the refrigerator at the yard area. Our City Clerk also attempted to reach you and left a voice mail in effort to find out if your intention was to have it disposed of, so that she could coordinate collection by the City's sanitation service. As of today, she has not heard back from anyone and we have received an additional complaint as to the unit. Please be advised that as it sits, the refrigerator is considered a public nuisance as per City Nuisance Ordinance 1109. A copy of this ordinance is enclosed for your reference. I also attempted to reach you by phone today, and left you a voice message. Please give a call back asap, but no later than Friday, September 21 st. If I hear from you by the 17th, that you do wish to dispose of the refrigerator, I will arrange for it to be picked up that week. If I have not heard from you by the 21St, I will do a compliance check. If I find the unit is still upon the yard area, I will arrange for the unit to be collected by the sanitation company. There is no charge for the collection of the unit. If you wish to retain the refrigerator for some reason, it does need to be removed from the yard area and placed to your home, garage or some other location that is not your yard area by the 21 st of September. I hope to talk with you soon. Sincerely, NNING & CODE ENFORCEMENT u1 utman Bu 1 "ng Official Enclosure c: Eric Johnson, City Administrator 7 of 50 Tree City U.S.A. fllllnll.i: MIDDLE Sf.--cROIX WATERSHED MANAGEMENT ORGANIZATION 45 5 HAYWARD AVENUE , OAKDALE , MINN ESTOA 55082 "tf' Ph one 651 . 330 . 8220 x 2 2 fax 651 . 3 3 0 . 7 7 4 7 www . mscwmo . org In Regular Meeting of the Middle St.Croix Watershed Management Organization MSCWk�o Bayport Public Library,Bayport,MN Thursday,September 13,2018 6:OOPM ;t 1. Call to Order—6:OOPM „r' 2. Approval of Minutes a. Draft minutes August 9,2018 p. 1-4 3. Treasurer's Report a. Report of savings account, assets for September 13,2018 b. Approve payment of bills for September 13, 2018 c. Budget Tracker Review 4. Public Comments S. Old Business a. Lily Lake Delisting Road Map Approval p.5 b. 711 Quixote Update 6. New Business a. Irrigation Controller Cost Share for 2019 p.6 b. Final 2019 Budget p.7 c. MSCWMO Grant Funding Overview d. Manchu Tubergourd Invasive Species Control p.8 7. Grants a. Stillwater Country Club Potential Project p.9-12 b. Greeley Gully Stabilization Final Payment p. 13-14 c. Stillwater Junior High Iron Enhanced Sand Filter Final Payment p.15 d. Clean Water Fund Grant Applications Update p.16 8. Plan Reviews/Submittals a. Orchards at Cahanes Farms Update,Baytown Township b. Water Street Inn,Stillwater 9. Administrator's Report 10. Adjourn Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach,Oak Park Heights, St.Mary's Point, Stillwater, Ft West Lakeland 8 of 50 Eric Johnson From: Sally Anderson <Sally@communitythreadmn.org> Sent: Thursday,September 6, 2018 3:22 PM To: Eric Johnson Subject: FW: Bus Loop project key dates From:Sally Anderson [_mailto:Sally@communitvthreadmn.ore] Sent:Thursday,September 06,2018 2:21 PM To:Jessica Ryan<jessica.rvan@uwwce.ore>; Radoc, Patty P<Patricia.Radoc@allina.com>; Peterson, Heather <Heather.Peterson @Dallina.com>; Erickson, Paul L<Paul.L.Erickson@Lakeview.Ore>;Canterbury, Marna M <Marna.M.Canterbury Lakeview.Ore>; Doug Brady<recctr@ci.stillwater.mn.us> Subject: RE: Bus Loop project Hi Jessica (and the other sponsors for this first year)-thanks again to all of you for helping to make this project a reality! The Ribbon Cutting will be Monday, October 22 at 9 am here at Community Thread.We will work with sponsors regarding the program for that event,and the recognition of your sponsorship. Oct 22 will be the first day that the bus runs from 10 am to 3 pm. As we develop the marketing pieces,we will be sure to get sponsors as well as other nonprofit agencies in the loop.We just received all of the sponsor's logos today and will be working with DARTS on the marketing materials going forward. Thanks for reaching out and let me know if you have additional questions or concerns. Sally From:Jessica Ryan [mailto:iessica.rvan@uwwce ore] Sent:Thursday,September 06,2018 2:02 PM To:Sally Anderson<Sally@commun!tvthreadmn.oM> Cc:Jessica Ryan<iessica.ryanCa@uwwce.org> Subject: Bus Loop project Hello Sally, nice to see you yesterday. Could you send me any important dates I should have on our internal calendar regarding the Bus Loop project.You mentioned a few events yesterday including; ribbon cutting,first bus loop day, etc. I just want to make sure I have the pertinent information as a sponsor. Also,as marketing pieces get finalized will you send to the sponsors so we can also help promote and share this partnership? Thank you Sally, Jessica J" 1 9 of 50 connecting people. enriching lives. 2300 Orleans St.W. September 5, 2018 Stillwater,MN 55082 651.439.7434 T Eric JOhriSOn 651.439.7616 F communitythreadmn.org Administrator, City of Oak Park Heights 14168 Oak Park Blvd. No. Box 2007 Oak Park Heights, MN 55082 Dear Friends of Community Thread, Thank you for your donation of$3000 to Community Thread. Your financial support helps us achieve our mission of strengthening the community by offering programs and services that enable people to lead independent, fulfilling lives. At Community Thread, we take our role of building a vibrant community seriously. By working to create connections that support people in living independently, we respond to the needs of our most vulnerable neighbors. Thanks to supporters like Oak Park Heights, Community Thread has improved the lives of adults and their families in our community for over 50 years. We are an independent nonprofit- we do not receive federal or state funding. Every year, we need to raise our entire budget. About half our funding comes from area foundations. The remaining half of our funding comes from a number of sources including the United Way of Washington County–East, municipalities, businesses and faith-based organizations and individual donations. We rely on all of these sources, including our participants, to support and fund our direct service programs and services. Community Thread meets the Charities Review Council standards, and is proud to be an organization that demonstrates the appropriate use of resources and investments from our donors. We appreciate the City of Oak Park Height's support of our work to help us realize our vision of a community where all people are engaged, enriched and connected. Again, thank you for your generous support. With gratitude, A AJLVI— Sally Anderson, Executive Director community thread 10 of 50 Eric Johnson From: Eric Johnson Sent: Tuesday,September 11,2018 1:04 PM To: 'willieT@tennissanitation.com' Cc: 'Stacy' Subject: RE:TENNIS PERFORMACE BOND -Thru 12-2017.pdf-2018 update Attachments: Final Agreement- FULLY EXECUTED-Tennis Sanitation 9-17-14.pdf 9-11-18 Dear Willie, I did forget that the Agreement between OPH and Tennis does have a 3-year extension pro ision. This is on Page 11 of the attached document. AL I SKIN FJF WN7VACT TLe team of this Coon-ad shall be a pariiod of fiw(S)ye4u s cowamcing 3mnursy 1,2()15 and ending on Doombcr 31, 2019. The City at its optica may aanmd tho team of this Caottsct for a pa&d of time Wit to=CW ft=(3)yeses beyrmd to wiltb eel than data.City shill pwvk%Written=minx to C40hjaw of its iatoat to cmtmd tWs Contract at leant ninety►(90)days prior to tha mon of the Mgmid tam I suspect we will not know that disposition until mid-2019. Glad to discuss if you have questions. Thank you Eric From: Eric Johnson Sent:Thursday, March 29,201810:57 AM To: 'will ieT@tennissanitation.com'<willieT@ten nissa n itation.com> Subject:TENNIS PERFORMACE BOND-Thru 12-2017.pdf-2018 update 3-29-18 Willie, Please provide a new certificate. Thank you 1 11 of 50 Xcel Energy/Washington County/Oak Park Heights Tax Meeting Monday—September 10,2018 1:30 PM to 2:30 PM Washington County Administration Building 14949—62nd Street North Stillwater, MN (51"Floor Conference Room 5599) Meeting Participants: Washington County Molly O'Rourke County Administrator Washington County Kevin Corbid County Treasurer Washington County Gary Kreisel County Commissioner Oak Park Heights Mary McComber Mayor Oak Park Heights Eric Johnson City Administrator Oak Park Heights Betty Caruso City Finance Director Xcel Energy Greg Chamberlain Regional Vice President of Government&Community Relations Xcel Energy John Marshall Director of Community&Local Government Relations Xcel Energy Colette Jurek Manager—Community&Local Government Relations Xcel Energy Brian Behm King plant director Xcel Energy Grania McKiernan Manager of State Government Affairs Xcel Energy Leanna Chapman Manager of Tax Reporting Xcel Energy I Christopher Arend I Senior Director of Tax Services Meeting Agenda: 1. Introductions (John Marshall/Colette Jurek) 2. Washington County Updates (Molly O'Rourke/Kevin Corbid) 3. Oak Park Heights Updates (Mary McComber/Eric Johnson) 4. King Plant Updates(Brian Behm) S. Legislative session review 2018 and look ahead (Greg Chamberlain/Grania McKiernan) 6. MN Property Tax Update(Chris Arend/Leanna Chapman) 7. 2019 Integrated Resource Plan/Schedule Update(Greg Chamberlain) 8. Roundtable/Questions(All) 12 of 50 TYLES L . . � EAGUE cr WNESOTA ITIES IN Issue 26 Sept.10,2018 f� View/print a PDF of the Cities �, Bulletin 4 MN Supreme Court Clarifies City Use of Infrastructure Fees for Housing Development Q' r �=r,yPr,r The state's high court recently issued a decision that impacts how cities can charge for Infrastructure costs related to development. Cnsts Management Leadership:Senior Officials Workshoru for Ali-Hazards Preparedness. Sept.20—Fergus falls In Other News Oct.1/—Staples Nor. 1—St Paul LMC Legislative Policy Committees in Full Swing 9 More than 150 city officials from all over the state have been working over the summer to develop the 2018 city legislative 9 2018 Fall Safety i.Loss Control policies. Workshops:Mental Heaith First/cid Sept 1B—Waseca Cities:Please Take LMC Survey on SmaLL CeLL Wireless Permit Applications sept 20—Whrresvllfe Bear ice The purpose of the survey Is to help the League respond to the contention that pre-emption of local permitting author !s Sept 2b—Paynealls P P eY P gu P P P P ng tty Oct.3�ergus Falls necessary to accelerate deployment of SG wireless. Nov.14—Golden valley State Requests City Input on Knotweed Management The Department of Agriculture wants to know how it can help local governments Identify and manage this group of noxious 2018 Reg,nnai Meevnr, weeds. Oct..3—Fergus Falls Oct.4-5c Cloud Oct.10—Mountain Iron Oct f I—Ba"er More information and Resources Oct 17—Beiwdy Oct.24—Marsha# Just Three Weeks Until the 2018 Regional Meetings Begin! Oct..25—Mankaro Oct 30—Rochester Longtime LMC Member Services Director Kevin Frazell Stepping Into New Role There's Still Time!Register Now for Upcoming Mental Health First Aid Workshops State Grants Available to Help Cities Meet Noxious Weed Mandates Contact Us/Subscribe For/epslarive questions Check Your Inbox for Your LMC Membership Dues Notice ontact 1GR Stdit Find And Fix Common Land Use Mistakes in Your City's Ordinances For ed/ronal or ocher Bulletin Submit Photos of Your City's Events quesuans- Contact Claudia Hoffacker This Year's Mayor for a Day Essay Contest is Now Open] Editor Loral Government Innovation Awards Opening on Sept.17 (651)215-4032 or(800)925-1122 .huffacker@'Ime orr Can You Tell Who is an Employee and Who is an Independent Contractor? To reserve the Cities Bulletrn via email- .»......._u. ..._....... ..._ `•.t�11 up for a free stlhc."ncivar Training,Conferences,Events I Upcoming League Events Quick Links Online Training/E-Learning 4rchive of Previous issue Co-Sponsored Events Lttyjobs labs with LMC Events Sponsored by Other Organizations %r,V'HQ9;„V6hLr„'md'."nts in the 'Aarkotpi are Wer+kiv4M Fenn Rates (Minnesota Municipal Money Market Fund) LMC Business Alliance LMC Business Alliance members provide valuable financial support to the League and help support our mission to serve Minnesota cities 13 of 50 Cities Bulletin Print Page Page 1 of 10 14 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 2 of 10 MN Supreme Court Clarifies A City Use of Infrastructure Fees UAGUF�' for Housing Development MC'.1s°TA The state's high court recently issued a decision that impacts how cities can charge for infrastructure costs related to development. In the case of Harstad v City of Woodbury(Link to:https://scholar.google.com/scholar case? case=4563558651717444461&hl=en&as sdt=6&as_vis=1&oi=scholarr), the Minnesota Supreme Court found that statutory cities do not have authority to impose an infrastructure fee for future road improvements as part of approving residential development. Currently, state law(Minnesota Statutes, section 462.358, subdivision 2a) allows a city to condition approval of a subdivision application on either the developer(1) constructing or installing the improvements, or(2)providing a form of"financial security" enough to assure the city that the improvements will be constructed or installed according to the city specifications. The Supreme Court found that the city's infrastructure fee program was outside of this authority. Factual background of the case Martin Harstad, a developer, submitted an application to the city for a new subdivision consisting of 183 homes on an undivided 77 acres. Generally, the city conditions its approval of subdivision applications on the applicant's payment of an infrastructure fee, called a major roadway assessment, that is negotiated and incorporated as a condition in a development agreement. The city had a policy "that new residential development pays its own way and that all associated costs for the installation of public infrastructure to serve new residential development be the sole responsibility of the developing property owner." The collected infrastructure fees would be put into a dedicated account used to pay for future construction of off-site road improvements needed to support new development. Regarding Harstad's application, the city outlined proposed charges for major roadway and intersection improvements that would be needed to accommodate traffic generated by the new subdivision and surrounding areas. Harstad chose not to negotiate the proposed infrastructure fee and instead, he sued, arguing that the city didn't have statutory authority to require the payment of infrastructure fees when approving subdivision applications. Court left options intact The Supreme Court decision leaves the following options intact for cities: 15 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 3 of 10 • Require construction of infrastructure. Nothing in the Harstad decision impacts a city's authority to condition subdivision approval on the requirement that a developer construct or install streets or other improvements. • Impose special assessment. This decision also does not impact authority for traditional street assessments provided under Minnesota Statutes, sections 429.021 and 429.051. The Minnesota Supreme Court specifically stated that "t is undisputed that cities have the authority to assess property for road and street improvements and that these assessments are specifically permitted by state law. " • Require financial security. The court also pointed out that state law gives cities the option to require assurance from any developer in the form of a financial security for the construction or installation of specific, related infrastructure projects. While there is no statutory definition for "financial security,"the court did say that it includes "all contemporary security measures that protect a city's interest in covering the costs of completing the infrastructure or improvement in the event that a developer fails to finish a project . . . [and] are intended to be returned or released, unless the developer fails to satisfy the conditions of the contract concerning infrastructure improvements." • Increase general tax levy for all residents. While the Court did not discuss this option, a city could consider increasing the tax levy to pay for needed infrastructure. • Deny applications for premature development. Cities generally want development in their communities. The option of denying applications because of a lack of funding for needed road improvements may not be an attractive option, but it is a viable one if the city doesn't have the tax base or doesn't have the willingness by residents to increase the tax levy to pay for improvements. Limitations of the court's decision The decision applies only to statutory cities. The court points out that the city in this case, Woodbury, is a statutory city, and therefore it has no other powers beyond what is explicitly or implicitly provided by state statute. The court did not address the impact of this decision on home-rule charter cities. Unanswered questions This decision leaves a couple of unanswered questions: • What is the difference between improvements within development versus off- site improvements? In a footnote in the Harstad decision, the court stated it was not deciding the question of whether a city's authority to require the 16 of 50 h4s://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 4 of 10 construction, or the provision of financial security to assure the construction, is limited to improvements located within the proposed subdivision or whether off-site improvements may also be required. • What can be included in a development agreement? State law allows for development agreements. However, the court opined that the city's program asking for an upfront infrastructure fee was not truly voluntary. The court also cautioned that the authority for cities to enter into development agreements does not mean that it has broad authority "to impose `other requirements' that are inserted into development agreements, but that fall completely outside of the limits of the statute." Read the current issue of the Cities Bulletin(Link to:http:/ .Imc.orglpagelllcitles-ttuetin- newsletterjsp) 17 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 5 of 10 LMC Legislative Policy Committees in Full Swing �kA6UF. N(INNESOTA CITIES More than 150 city officials from all over the state have been working over the summer to develop the 2018 city legislative policies. (Published Sep 10, 2018) The League's four policy committees wrapped up the second of three meetings in August, where they worked on new and revised legislative positions. The policy committees are made up of more than 150 city officials from across the state. The positions the committees develop will ultimately be published in the LMC 2019 City Policies document and used by League staff at the Capitol. They represent the only comprehensive statewide advocacy agenda for all Minnesota cities. State agency reps and others bring valuable info During the August meetings, members of the four LMC policy committees (Improving Service Delivery(Link to:http://www.lmc.org/page/1/improving-service-deliveryjsp), Improving Local Economies(Link to:http://Www.lmc.orglpage/1/improving-4ocal-economiesjsp), Improving Fiscal Futures(Link to:http://www.lmc.org/page/1/improving-fiscal-futuresjsp), and Human Resources & Data Practices(Link to:http.Ilmm.lmc.org/page/1/human-resources-data practicesjsp)) heard from guests on a variety of topics, including: • Peace Officer Standards and Training (POST) Board, presented by POST Board Executive Director Nate Gove and LMC Public Safety Project Coordinator Rob Boe. • Environmental Justice, presented by Minnesota Pollution Control Agency Environmental Justice Coordinator Ned Brooks. • Governor's Housing Task Force, presented by Minnesota Housing Commissioner Mary Tingerthal and Assistant Commissioner Ryan Baumtrog. • State Turnback Program and Account, presented by Minnesota Department of Transportation State Aid Projects Engineer Gregory Coughlin. • Workforce readiness, presented by Ted Kolderie of Education Evolving. • Pay equity,presented by Minnesota Management and Budget Pay Equity Coordinator Dominique Murray. • Benefits for peace officers permanently disabled by a line-of-duty injury, presented by Wendy Wulff. • Pensions and other issues,presented by Public Employees Retirement Association Executive Director Doug Anderson and Policy Director Shana Jones. 18 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 6 of 10 • Workers' compensation,presented by League of Minnesota Cities Insurance Trust Administrator Dan Greensweig and VP/Branch Manager Deb Anger. • Franchise fee reverse referendum legislation, presented by Minnesota Ren. Bob Vogel (R-Elko New Market) • Fire protection districts, presented by Burnsville Fire Chief& Chair of Legislative Committee of MN State Fire Chiefs Association BJ Jungmann. • Current local government aid formula and other tax issues, presented by Minnesota House of Representatives Legislative Analyst Pat Dalton. Next steps & opportunities for feedback Committee members will meet again the week of Sept. 17-19 to further consider and approve the remaining draft policies. The draft policies will then be shared with all city members during the member comment period in October. The Draft City Policies will available on the League's website for member comment from Oct. 1-Nov. 2. All city officials and staff are encouraged to review and comment on the policies at that time. The League's Board of Directors will review and discuss the policies at their Oct. 18 meeting. The Board will then review the member comments and vote on approving and adopting the 2019 City Policies at the Nov.15 meeting. The League thanks the more than 150 members of the four policy committees for their participation in the policy committee process this year! Want more? • View the 2018 City Policies (pdf)(Link to:http://www.lmc.org/medio/document/1/2018citypoliciespdi • Learn more about the League's policy development process(Link to: http://www.Imc.orglpage/1/policy-lev jsp) • Learn more about the four policy committees and see the current members of each one(Linkto:http:/rwww.lmc.orglpagelUcommittee-signupjsp) • Read about the League's four task forces(Link to:http://www.lmc.org1page11/taskforcesjsp) (which make recommendations to the full policy committees on issues related to elections, telecommunications, development finance, and data practices) Read the current issue of the Cities Bulletin(Link to:http://www.lmc.org/page/1/cities-bulletin- newsletterjsp) Your LMC Resource 19 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 7 of 10 Contact Anne Finn Assistant IGR Director (651) 281-1263 or(800) 925-1122 afinn@lmc.org(Link to:mailtoxfinn@lmaorg) Contact Gary Carlson IGR Director (651) 281-1255 or (800) 925-1122 gcarlson@lmc.org(Link to:mailto.gcarlson@lmc.org) 20 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 8 of 10 Cities: Please Take LMC Survey on Small Cell Wireless �FAGUF MCITIES 7A Permit Applications The purpose of the survey is to help the League respond to the contention that pre-emption of local permitting authority is necessary to accelerate deployment of 5G wireless. (Published Sep 10, 2018) The League is conducting a survey to determine the number of small cell wireless permit applications that have been filed in Minnesota cities since state legislation (Link to:http: .lmc.orglpagelllyonl-small�,ellwlreress;sp)was enacted on May 30, 2017. The legislation preserved local authority over small cell wireless companies' access to the public right of way. Take the survey now via Surveymonkey(Linkto: https.11www.surveymonkey.comlrlsmall_cell_wireless2018) The survey will close on Sept. 14. The survey is part of an effort to slow growing momentum at the federal and state level to interfere with local small cell facilities regulations. The Federal Communications Commission(Lfnkto:hrtps:1/w.fcc.gov1)(FCC) has opened several dockets primarily related to national small cell deployment. In these dockets, the FCC is looking at rules to pre-empt local governments from managing public rights of way. This has also been an ongoing issue at the Minnesota Legislature. The purpose of the survey is to help the League respond to the contention that pre- emption oflocal permitting authority is necessary to accelerate deployment of 5G wireless. The League suspects that, with the exception of the largest cities, few Minnesota cities have received any applications relating to small cell wireless deployment. If this is the case, the argument that cities are an obstacle to 5G deployment is unfounded. In a fact sheet(Link to:https.Ildocs fcc.govlpubliclattachmentsIDOC-353962Ai.pdo released on Sept. 5, 2018, the FCC noted that: "To meet rapidly increasing demand for wireless services and prepare our national infrastructure for 5G,providers must deploy infrastructure at significantly more locations using new small cell facilities. Building upon streamlining actions already taken by state and local governments, this Declaratory Ruling and Third Report and Order is part of a national strategy to promote the timely buildout of this new infrastructure across the country by eliminating regulatory impediments that unnecessarily add delays and costs to bringing advanced wireless services to the public." 21 of 50 h4s://www.imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 9 of 10 The League would like to determine to what extent, if any, Minnesota cities are creating such impediments. Results of the survey will be shared with interested parties, including state and national municipal organizations that are faced with local pre-emption as it relates to wireline and wireless legislation and regulations. For more information, contact LMC Research Attorney Kyle Hartnett at (651) 215- 4084 or khartnett@lmc.org(Link to:mailto:khartnett@lme.org). Read the current issue of the Cities Bulletin(Link to:htip://www.lmc.org/page/1/cities-bulletin- newsletter jsp) Your LMC Resource Contact Kyle Hartnett Research Attorney (651) 215-4084 or (800) 925-1122 khartnett@lmc.org(Link to:mailto:khartnett@lmc.org) Contact Irene Kao IGR Counsel (651) 281-1260 or (800) 925-1122 ikao@lmc.org(Link to:mailto:ikao@Imc.org) 22 of 50 hqs://www.hnc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 Cities Bulletin Print Page Page 10 of 10 State Requests City Input on Knotweed Management 'LEAqui GUE. MINNESOTA [IVES The Department of Agriculture wants to know how it can help local governments identify and manage this group of noxious weeds. (Published Sep 10, 2018) Japanese and giant knotweed are non-native plants that are listed as "specially regulated plants" in Minnesota. That means cities have an obligation to include them in their noxious weed programs following state management plans for those plants. As part of that process, the Minnesota Department of Agriculture is requesting that the League of Minnesota Cities, as well as the County Agricultural Inspectors, Soil Water Conservation Districts, Cooperative Weed Management Areas, Minnesota Association of Townships, and vegetation managers with the state departments of Natural Resources and Transportation circulate a link to a brief online survey. Survey responses are requested by Sept. 25, 2018. Please consider having appropriate staff in your city respond so that city questions, concerns, and needs are well represented in the state plan for managing knotweeds. —Take the survey(Linkto:http://Survey.constantcontact.com/surveylaO7ejllto4pjkjo8dzxlstart) Read the current issue of the Cities Bulletin(Link to:htip.IA. .lmc.org/page/llcities-bulletin- newsletter jsp) Your LMC Resource Contact Craig Johnson IGR Representative (651) 281-1259 or(800) 925-1122 cjohnson@1mc.org(Linkto:mailto:cjohnson@lmc.org) 23 of 50 https://www.Imc.org/page/l/cities-bulletin-print-page.jsp 9/10/2018 LMC Staff News Page 1 of 1 LMC Staff News New role Kevin Frazell,LMC director of Member Services since 1997,became a half-time employee this month as he anticipates full retirement in late 2019. During the next year,he will focus on the League's race equity initiative,serve as point person on the urban-rural discussions happening around the state,assist in developing a framework for member support in the area of financial operations,and continue staffing the Minnesota City/County Management Association(MCMA)and the Minnesota Mayor's Association(MMA).Frazell will also be leading special projects that may arise in the coming months. You can continue to reach Frazell at kfrazell@hnc.org(Link to:mailto:kfrazell@lmc.org)or(651)281-1215.If he is no longer the right person for your request,he will make sure to pass your message to another LMC staff member to ensure you receive a timely response. New employees Cammi Stahlke joined the League of Minnesota Cities Insurance Trust as a workers'compensation paralegal on Aug.7. Stahlke has extensive workers' compensation experience as well as experience in personal injury and medical malpractice. She began working in the legal field as a legal administrative assistant(LAA)with the law firm of Johnson &Condon(now known as O'Meara,Leer,Wagner&Kohl,P.A.)and then moved to the firm of Gislason&Hunter, LLP,where she began as an LAA and then promoted to paralegal.She has also worked for United Healthcare and Nationwide Insurance. Stahlke attended Rasmussen College,where she received her legal assistant/legal office specialist diploma,and North Hennepin Technical College,where she received her A.S.paralegal degree. Awards LMC General Counsel Patricia Beety received the P.Kenneth Kohnstamm Pro Bono Attorney Award of Excellence on June 8 from the Minnesota State Bar Association's Public Law Section.The award recognizes an outstanding public attorney who has demonstrated a commitment to provide volunteer services to underserved communities.Among the reasons Beety received the award are that she led a project updating the Public Law Section's model pro bono policy for public law offices and she organized a panel presentation of public lawyers who do pro bono work.The award is named after P.Kenneth Kohnstamm,the first recipient of the award in 2006,who was a long-time attorney at the Office of the Minnesota Attorney General and was very dedicated to public service and pro bono work. Read the current issue of the Cities Bulletin(Link to:http://www.Imc.orglpage/1/cities-bulletin-newsletter jsp) Your LMC Resource Contact Donyelle Mikacevich HR Manager (651)281-1202 or(800)925-1122 dmikacevich@hnc.org(Link to:mailto:&nikacevich@lmc.org) 24 of 50 https://www.Imc.org/page/1ALMCStaffNews.jsp 9/10/2018 Current Grant Opportunities Page 1 of 2 Current Grant Opportunities Noxious Weed Management Grants For the second year,the state has funds available for local governments that can be used to manage noxious weeds in their area,which cities,counties,and townships are responsible for under state law.A total of$300,000 will be awarded under a competitive grant process through the Minnesota Department of Agriculture(MDA). Bonnie Harper-Lore,the city representative on the Minnesota Noxious Weed Advisory Council,recommends that cities apply for these funds to strengthen their work on noxious weed and invasive plant prevention,control,and management, as well as for education or research.Partnering with other groups,agencies,and local governments always helps projects score better,and county agricultural inspector involvement gives priority status to a proposal.It is also important to be able to show measurable improvements and results,such as through new training for personnel on best management practices,creative new ways to increase public involvement and awareness,and integration of efforts with area high schools to expand detection of noxious weeds. Questions can be submitted to the MDA until Oct. 1,2018,and applications are due by Oct. 15.Final awards will be announced on Jan. 15,2019,with workplans being approved and funds awarded by March 1. Apply for this grant(Link to:http://www.mda.state.mn.us/plants-insects/noxious-weed-and-invasive-plant-gran t) MHFA Workforce Housing Grants Up to$1.9 million in grant or deferred loan funds are available to build market-rate residential rental properties in communities with proven job growth and demand for workforce rental housing.The deadline to apply is 4:30 p.m.on Oct. 11. —Learn more and apply for this grant(Link to:http://www.mnhousing.gov/wcs/Satellite? c=Page&cid=1503450639018&pagename=External%2FPage%2FEXTStandardLayout) Tree City USA Grant Minnesota communities are invited to apply for grant funds to help them earn Tree City USA designation in 2019. Eligible activities include writing or updating a tree care ordinance;writing or updating a community forest management plan;creating or revitalizing a tree board;and planning,promoting,and conducting an Arbor Day celebration.The maximum amount that will be funded is$1,000.The deadline to apply is Sept.28. —Learn more and apply for this grant(Link to:https://www.dnr.state.mn.us/grantsyorestmgmtltree-city-usa-grant.httnl) Minnesota Department of Labor & Industry Safety Grant Program The Safety Grant Program awards funds up to$10,000 to qualifying employers for projects designed to reduce the risk of injury and illness to their workers.Applications are accepted continuously and reviewed every two months. —Learn more and apply for the grant(Link to:http://d`li.mn.govlWSCIGrants.asp) From our city vendor 25 of 50 h"s://www.Imc.org/page/l/current-grant.jsp 9/10/2018 Current Grant Opportunities Page 2 of 2 ,i u (Link to:http://www.lmc.org/ads/105056) 26 of 50 h4s://www.Imc.org/page/l/current-grant.jsp 9/10/2018 Check Your Inbox for Your LMC Membership Dues Notice Page 1 of 1 Check Your Inbox for Your LMC Membership Dues Notice LMC membership dues invoices for fiscal year(FY)2019 have been mailed! Invoices and an accompanying letter from League Executive Director David Unmacht were sent via email on Aug. 30 to the dues email address on file with the League. For members who do not have a dues email address on file with the League,the invoice and letter were sent via regular mail on Aug.31.Also included in the mailing was the FY 2019 Minnesota Mayors Association dues invoice. Access to affordable training opportunities,consulting services,legislative advocacy,risk management,and the League of Minnesota Cities Insurance Trust's comprehensive city-specific coverages for workers' compensation and property/casualty are just a few of the benefits available to League members. If you have not yet received your LMC membership dues invoice,a copy can be obtained by contacting the League Finance Department at billing@lmc.org(Link to:mailto:billing@lmc.org)or(65 1)215-4024. Read the current issue of the Cities Bulletin(Link to:http:/Awww.lmc.org/page/1/cities-bulletin-newsletter jsp) Meet our city vendors! LeVs show the world vAat we can do together. (Link to:http://www.lmc.org/ads/106923) 27 of 50 hqs://www.Imc.org/page/IALMCDueslnvoicesFY2019.jsp?ssl---true 9/10/2018 Submit Photos of Your City's Events Page 1 of 1 Submit Photos of Your City's Events One of the things we're proudest of at the League of Minnesota Cities Insurance Trust(LMCIT)is that our coverage and loss control services support recreational and cultural events that make Minnesota cities great places to live,work,and visit. From summer movie nights in the park,block parties,fall festivals,and more—cities and LMCIT work together to provide safe and memorable experiences for residents,while preparing for the unique exposures that these events may entail. We'd like to showcase and celebrate your efforts.If your city has put on a successful event over the past year,please submit a photo and brief description to dcabot@hnc.org(Link to:mailto:dcabot@lmc.org)by Sept.28.We'll be sharing your photos to help tell the story of how cities and the Trust work together to strengthen community relations and help make our cities fun and engaging places to live. For more information,contact LMC Communications Coordinator Danielle Cabot at dcabot@lmc.org(Link to: mailto:dcabot@lmc.org)or(651)281-1233. Read the current issue of the Cities Bulletin(Link to:http://www.lmc.org/page/1/cities-bulletin-newsletter jsp) Your LMC Resource Contact Danielle Cabot Communications Coordinator (651)281-1233 or(800)925-1122 dcabot@hnc.org(Link to:mailto:dcabot@Imc.org) LMC Public Safety Blog 'V ,. ;.a INCONTHELINE.BLOG5POT.COM (Link to:hup://www.lmc.org/ads/102705) 28 of 50 https://www.Imc.org/page/l/EventPhotosl8.jsp?ssl---true 9/10/2018 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday, September 8,2018 7:31 AM To: Eric Johnson Subject: Fwd: FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment For weekly notes ---Original Message----- From: National League of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Sep 8, 2018 6:01 am Subject: FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment View in browses elk f. _ "WIN 1 MATCHING LEVITT BRING OUTDOOR CONCERTS TO YOUR COMMUNITY' The Weekly 29 of 50 � I n. t„ _o „. iM tr X w FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment After more than a year of deliberation, the Federal Communications Commission has released its draft Declaratory Ruling and Third Report and Order, focusing on state and local management of small cell wireless infrastructure deployment. The document, if approved, would enact substantial new limits on local wireless siting review. Unfortunately, the proposal would result in huge revenue losses for local governments from small cell lease agreements, new unfunded mandates and a loss of local control over issues like undergrounding, negotiations for public benefits and the ability to fully control the appearance of city streets. Performance Management Strategies for Cities of All Sizes One way for city leaders and staff to thrive in uncertain environments is through effective performance management programs. Smart programs use z 30 of 50 data along with modern technology to create efficiencies and produce measurable outcomes, ultimately enhancing agency operations as well as community life. The pathway between theory and practice can seem daunting, but governments of all sizes and in any location can begin — or continue — journeys to improved sustainability and service delivery through the following performance management strategies. Supreme Court Will Hear First Amendment Retaliatory Arrest Case Every year, the Supreme Court hears and rules in a wide variety of difficult cases. But in recent years, no issue has vexed the court quite like one nagging question: whether probable cause to arrest someone means they can't bring a First Amendment retaliation case. Slated for the court's upcoming term, the case of Nieves v. Bartlett concerns the story of Alaska's Russell Bartlett, who was apprehended at a public event and is alleging that the arrest was retaliation. Community College Will Shape the Workforce of the Future "In my seven years working to support Borough of Manhattan Community College," writes Audrey Hutchinson, "one of my joys was to plan and orchestrate the annual graduation ceremonies. I've witnessed the power of a community college in changing the lives of New York City residents." BMCC is only one of the thousands of community colleges across the United States that are making real change in the lives millions of city residents across the country. And as many city leaders know, when cities and community colleges work together, we all benefit. Video 3 31 of 50 m `I News In New York, Home Rule Laws Beget Preemption The New York Times— September 7, 2018 National League of Cities Helps Fight Hunger in Allentown PBS 39 —August 27, 2018 FCC Prepares to Push Forward With Streamlining 5G Deployment Route Fifty— September 4, 2018 Thousands of Cities and Counties Are Fighting Trump's Fuel Efficiency Rollback Earther— September 5, 2018 NLC Brings Best Practices And Small Cell Wireless Tech Guide To Cities Smart & Resilient Cities— September 4, 2018 Grand Rapids Joins National Economic Opportunity Program Grand Rapids Business Journal—August 31, 2018 Announcements 4 32 of 50 America's city finances are the foundation of our communities. Over the years they have proven resilient, and they allow for the provision of critical services and investments in infrastructure and neighborhoods. They also reflect the nation's changing economic environment. Join NLC in Washington, DC, on September 13 for our City Fiscal Conditions 2018 launch event, featuring an in-depth panel discussion with the lead researcher and city leaders on what the research results mean for cities. Register here. Events Nov. 7-10 City Summit 2018 (Los Angeles) Job Postings City Manager— DeKalb, Illinois Finance Director— West Fargo, North Dakota City Manager— Clarkston, Georgia cm.� cF op L tM �Mw�ft You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by :: 5 33 of 50 Eric Johnson From: Mary McComber Sent: Monday,September 10, 2018 8:37 AM To: Eric Johnson Subject: FW:Xcel Energy's Integrated Resource Plan -August Workshops From: Hedlund,Amber R [Amber.R.Hedlund@xcelenergy.comj Sent: Monday,August 6,2018 2:44 PM Subject:Xcel Energy's Integrated Resource Plan -August Workshops Hello: In continuation of the stakeholder engagement leading up to our 2020-2034 Upper Midwest Integrated Resource Plan (IRP),we will be hosting two workshops focused on the evolving electric system August 22nd and August 28th,as follows: Subject: Evolving Electric System—Part 1 Date:August 22,2018 Time: 1:00 to 4:00 p.m. Location:The Wilder Center,4S1 Lexington Parkway,St. Paul, Minnesota. Subject: Evolving Electric System—Part 2 Date:August 28,2018 Time: 1:00 to 4:00 p.m. Location:Xcel Energy,414 Nicollet Mall, Minneapolis, Minnesota. You should expect to receive EventBrite invitations to these workshops in the coming days. Our series of pre-IRP workshops are intended to generate discussion and provide a forum for stakeholders to share perspectives, input,and feedback on the factors that influence plan development. We have and will also continue to seek and incorporate stakeholder input and feedback through other focused forums and periodic electronic surveys. For reference,the full Workshop schedule is as follows: Topic Date Location The Evolving Integrated Planning Process Jun 26,2018 Wilder Center 1p-4p The Evolving Electric System—Part 1 i 34 of 50 Aug 22,2018 Wilder Center 1p—4p The Evolving Electric System—Part 2 Aug 28,2018 Xcel Energy 1p—4p Economic and Technical Considerations—Part 1 Sep 10, 2018 Wilder Center 1p—4p Studies To Support IRP—Part 2 Sep 24,2018 Xcel Energy ip—Sp Preliminary Results and Opportunity for Feedback—Part 1 Oct 22, 2018 Xcel Energy 1p—Sp Preliminary Results and Opportunity for Feedback—Part 2 Oct 23,2018 Xcel Energy 1p—Sp Final Preferred Plan Overview Feb 2019 TBD Below is a summary of the key topics included in this Workshop series(subject to change): 1. The Evolving Integrated Planning Process 2016-2030 IRP Outcomes Evolving Planning Process Roadmap to the 2020-2034 IRP 2 35 of 50 2. The Evolving Electric System—Part 1 Shifting Policy Landscape—Federal and Regional Levels 3. The Evolving Electric System—Part 2 Views of the Grid of the Future Trends and Indicators Challenges and Considerations Planning for Uncertainty 4. Economic and Technical Considerations IRP Modeling Assumptions Technical Studies and Considerations Socioeconomic/Community Considerations 5. Preliminary Results and Opportunity for Feedback Overview of Scenarios and Sensitivities Modeled Present Preliminary Plans and Solicit Stakeholder Feedback 6. 2019 Final Preferred Plan Overview Overview of Final Preferred Plan Stakeholder Perspectives As we continue to finalize the details surrounding these workshops.we will keen interested parties up to date.We have also submitted this schedule to the Minnesota Public Utilities Commission in Docket No. E002/RP-15-21(our most recently-concluded IRP),which you can access on eDockets here: https://www.edockets.state.mn.us/EF!Iing/edockets/sea rch Documents.do?method=e DocketsResult&use rType=public When we submit our final proposed 2020-2034 Upper Midwest Integrated Resource Plan in 2019, it will be assigned a new docket number,which we will communicate to interested parties. If you are aware of other individuals that may want to be an interested party and whom did not receive this communication from the Company, please instruct them to email their name,organization, and email address to Amber Hedlund at amber.r.hedlund@xcelenergy.com<mailto:amber.r.hedlund@xcelenergy.com>. We are excited about the opportunity through our upcoming IRP to further our accomplishments toward an affordable deep-decarbonized future for our customers,stakeholders,the Company, and the state as a whole.We look forward to seeing you at the upcoming workshops—and to your engagement in helping to shape our shared energy future. Sincerely, Bria Shea 3 36 of 50 Director, Regulatory and Strategic Analysis Amber Hedlund on behalf of Bria Shea Xcel Energy Regulatory Case Specialist 401 Nicollet Mall,7th Floor, Minneapolis, MN 55401 P: 612.337.2268 E:amber.r.hedlund@xcelenergy.com<mailto:amber.r.hedlund@xcelenergy.com> XCE LEN ERGY.CO M<http://www.xcelenergy.com/> Please consider the environment before printing this email. 4 37 of 50 Eric Johnson From: Mary McComber Sent: Monday,September 10, 2018 3:53 PM To: Eric Johnson Subject: FW:Show your Pony Pride for Homecoming 2018 For weekly notes From:Carissa Keister[keisterc@stillwaterschools.org] Sent: Monday,September 10,2018 3:14 PM Subject:Show your Pony Pride for Homecoming 2018 Show your Pony Pride for Homecoming 2018 Stillwater Area High School's Homecoming is coming up the week of September 22-29.Once again, high school students are looking to connect with our community and provide a way for businesses,organizations and individuals to show their Pony Pride by"Painting the Town Red!" If you'd like to participate in Paint the Town Red 2018, please review the available options below and complete this short online form<https.-//docs.google.com/forms/d/e/lFAIpQLSfD-AmrO2yozEuycNsBcBAZvKpL79!rD- rKH64ZYIGTe6E!pA/viewform>by Monday,Sept. 17. 1. Have students paint positive messages on windows of your storefront for the week of Homecoming.The students will be painting these messages on the weekend of Sept. 22 and 23,and will return the following Sunday to remove the paint using soap and water. The business is not expected to supply anything. NOTE:Availability is limited. First come, first served! 1. Display a Pony Pride window cling in your window(see example below).The benefit of a window cling is that it is a professional-looking way to display Pony Pride. Businesses can put the cling up for the week of Homecoming,or keep it up longer if they choose-even year round! It can also be removed and reused from year to year. 1. Wear your Pony Pride on Friday,Sept.28. Businesses and organizations are encouraged to allow staff to dress in red and black, pull out the old letter jacket,or don their favorite Pony gear. Get your colleagues,friends,family or neighbors together in all their Pony wear and take a photo post it on social media with the hashtag#PonyPride and we'll share it on the districts Facebook page. You can buy your Pony gear online at ponypride.org<https://design.hedusa.com/ponypride/shop/home>or get your official Homecoming 2018 t-shirt at Heritage Embroidery in Stillwater. Go Ponies! Carissa Keister,APR 1 38 of 50 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday, September 11,2018 7:30 PM To: Eric Johnson Subject: Fwd: Federal Advocacy Update:Week of September 11,2018 For weekly notes -----Original Message---- From: National League of Cities<advocacy@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Tue, Sep 11, 2018 5:31 pm Subject Federal Advocacy Update:Week of September 11, 2018 If this message is not displaying properly,please view the online version Federal Advocacy Update In This Issue House Tax Writers Unveil Tax Reform 2.0 in Three Parts - Senate to Vote on Bipartisan Opioid Legislation - EPA Initiates Rulemaking on Managing Peak Wet Weather Flows Justice Extends Deadline to Accept FYI Byrne JAG CED Focuses on Economic Development in Fort Worth DOJ Releases New Fentanyl Safety Video for First Responders FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment DHS Announces Grant Allocations for FY18 Preparedness Grants - Apply for a 2019 Federal Advocacy Committee - September is National Preparedness Month - Webinar: Supreme Court Preview House Tax Writers Unveil Tax Reform 2.0 in Three Parts Brian Egan, 202.626.3107 1 39 of 50 On September 10, the House Ways and Means Committee released three bills as a part of House Republicans' Tax Reform 2.0 package. The separate bills accomplish three main goals set forth in Chairman Brady's Tax Reform 2.0 framework published last month. • H.R. 6760 — Protecting Family and Small Business Tax Cuts Act of 2018 — Focuses on making some of the temporary provisions of last year's tax plan permanent, including the individual tax cuts and the $10,000 cap to the state and local tax deduction. • H.R. 6757 — Family Savings Act of 2018 — Contains a host of provisions designed to incentivize more flexible savings and retirement planning. • H.R. 6756 —American Innovation Act of 2018 —Would allow new businesses to write off more of their initial startup costs and capital expenditures. Chairman Kevin Brady remains committed to marking up the bill this week, pending any interruptions from Hurricane Florence, and holding a floor vote on at least parts of the package this month. Even if the plan passes the House, it is unlikely the Senate will follow suit, especially without the use of the reconciliation rules used last year to get around the 60 votes needed to break a filibuster. There does seem to be some political appetite to taking a second look at certain provisions of the bills — particularly those around savings and retirement planning —after the November elections. While we are continuing to analyze the legislation, it does not appear that the centerpiece bill, Protecting Family and Small Business Tax Cuts Act, targets any additional city priorities as pay fors. The National League of Cities (NLC) continues, however, to push for the full deductibility of state and local taxes and rejects plans to make the $10,000 cap permanent. The tax exemption on one-time advance refunding bonds also remains a top tax policy priority for NLC. We will continue to provide updates, and remain committed to preserving and advancing local priorities in the tax code, including: Municipal Bonds: 2 40 of 50 • Preserving the tax exemption for interest earned on municipal bonds. • Preserving the tax exemption for interest earned on qualified private activity bonds. • Restoring the tax exemption for interest earned on advance refunding bonds. Tax Credits that Spur Growth in Cities: • Preserving the Historic Tax Credit. • Preserving the New Markets Tax Credit. • Preserving the Earned Income Tax Credit. • Preserving the Low-Income Housing Tax Credit. • Preserving the Work Opportunity Tax Credit. Preserving the Sovereignty of Local Governments: • Preserving the state and local tax (SALT) deduction and removing its new $10,000 cap. • Eliminating new language that considers local governments' contributions to capital of corporations as taxable corporate income under Section 118. Senate to Vote on Bipartisan Opioid Legislation Yucel Ors, 202.626.3124 Senators reached an agreement to vote on the Opioid Crisis Response Act of 2018 (S. 2680) that consists of a bipartisan package of over 70 proposals recommended to the full Senate by five committees: Health, Finance, Judiciary, Commerce and Banking. The bill reauthorizes the White House Office of National Drug Control Policy, expands access to medication-assisted treatment, grants the National Institutes of Health more authority to research and develop non-opioid pain therapies and requires the U.S. Postal Service to crack down on shipments of illicit fentanyl. The bill would also create a new grant program through the Substance Abuse and Mental Health Services Administration (SAMHSA) to establish or operate comprehensive opioid recovery centers that serve as a resource for the 3 41 of 50 community. The bill also requires the Department of Health and Human Services (HHS) to develop guidelines for recovery housing and requires the Drug Enforcement Administration (DEA) to develop a regulation to allow qualified providers to prescribe controlled substances via telemedicine. The bill also authorizes an additional $500 million a year through 2021 for grants created under the 21 st Century Cures Act to combat drug addiction. If the Senate passes the bill this week, it will need to be reconciled with the House passed H.R. 6. NLC continues to advocate for a provision in the bill that would require states to pass through up to 80 percent of future grant funding to support local substance abuse and treatment programs. EPA Initiates Rulemaking on Managing Peak Wet Weather Flows Carolyn Berndt, 202.626.3901 On August 30, the U.S. Environmental Protection Agency (EPA) initiated a rulemaking effort aimed at providing certainty surrounding the management of peak wet weather flows at Publicly Owned Treatment Works (POTW). The rulemaking would apply to treatment plants with separate sanitary sewer collections systems. Through this rulemaking, EPA will evaluate changes to its National Pollutant Discharge Elimination System (NPDES) regulations and aims to develop a rule that will support a consistent approach to permitting, allow for innovative flexibility, and protect human health and the environment. EPA is soliciting input on any issue related to the topic of peak flow management at POTW treatment plants with separate sanitary sewer collections systems, but particularly welcomes feedback on the following specific questions: 1. What strategies have you found to be successful in reducing peak flow volumes at the POTW treatment plant? 2. What permitting or other regulatory approaches are you aware of that in your opinion provide a good basis for any rulemaking in this area? 4 42 of 50 3. What treatment technologies have POTWs with separate sanitary sewer systems used successfully to manage peak excess flows during wet weather? How effective are these technologies at meeting effluent limitations? What are examples of technologies addressing other pollutants not typically subject to discharge requirements in NPDES permits (e.g., pathogens)? Related to these questions, do you have supporting treatment efficacy data that you would be willing to share with EPA for this rulemaking? 4. What are your specific suggestions regarding conditions that could be included in NPDES permits to allow diversions of some peak flows around biological treatment units to protect the treatment plant? EPA is holding a listening session in Lenexa, Kansas on October 24 and an online listening session on October 30. Registration for the sessions will be available soon on the EPA website. Written comments will be accepted through October 31. NLC will likely submit comments and any city that submits comments should forward a copy to NLC at berndt@nlc.org. Justice Extends Deadline to Accept FY17 Byrne JAG Yucel Ors, 202.626.3124 Recently, the U.S. Seventh Circuit Court issued another preliminary injunction enjoining the Department of Justice (DOJ) from enforcing the "section 1373," "notice," and "access" award conditions that are contained in Fiscal Year (FY) 2017 Byrne JAG awards. In response to the injunction, the Department of Justice stated that it needs additional time to evaluate its options and provide guidance regarding the immigration enforcement conditions it has set for the awards. As a result, the Bureau of Justice Assistance issued a notice that the deadline to accept FY17 Byrne JAG awards has been extended to October 5, 2018. This extension applies to all recipients of FY17 Byrne JAG award documents, whether or not they are covered under the terms of the preliminary injunction. 5 43 of 50 In June, NLC sent a letter to Attorney General Sessions asking the Department of Justice to begin releasing the FYI Byrne JAG awards without these conditions. In the letter, NLC stated that local governments use these funds to address needs and fill gaps across their entire criminal and juvenile justice systems — in prevention, enforcement, courts, prosecution, indigent defense, corrections, crisis intervention and behavioral health services for justice-involved persons, victim assistance, and other community supports. NLC is concerned that the continued delay in awarding FYI Byrne JAG grants undermines local law enforcement's efforts to keep communities safe. CED Focuses on Economic Development in Fort Worth Michael Wallace, 202.626.3025 The City of Fort Worth, Texas and Councilmember Gyna Bivens hosted the Fall Policy Meeting of NLC's Community and Economic Development (CED) Federal Advocacy Committee. Councilmember Bivens Chairs the CED Committee this year. Approximately 25 local officials from several states attended the meeting. The goal of the meeting was to review and update NLC's policy and advocacy agenda related to economic development. The committee sought to broaden existing policy by focusing on areas where economic development, infrastructure, and workforce issues intersect at the local level. 44 of 50 6 „k”7 _ ,r k CED Committee tours Dickies Arena under construction. The arena will anchor Fort Worth's cultural/entertainment district. Several local experts presented to the committee and their presentations can be found on the CED Committee webpage. Following the presentations, the committee undertook an evaluation of the U.S. Economic Development Administration (EDA) and found that a majority of recent EDA discretionary grants have been awarded to cities impacted by natural disasters for the purpose of disaster recovery. The committee unanimously opposed the use of EDA grants to supplement or supplant federal disaster recovery funds and instructed NLC staff to develop a resolution urging the U.S. Economic Development Administration to award grants based on innovation and economic mobility. DOJ Releases New Fentanyl Safety Video for First Responders Yucel Ors, 202.626.3124 On August 30, the Department of Justice's (DOJ) Office of Justice Programs' Bureau of Justice Assistance (BJA) released the Fentanyl Safety Recommendations for First Responders' companion training video, "Fentanyl: The Real Deal". 45 of 50 7 The video was produced by th U.S. Customs and Border Protection to help first responders protect themselves when the presence of fentanyl is suspected or encountered on the job. The new training video, as well as the Fentanyl Safety Recommendations for First Responders is the result of a Federal Interagency Working Group coordinated by the White House National Security Council. FCC Proposes Preemption, Fee Cap for Local Small Cell Deployment Angelina Panettieri, 202.626.3196 After more than a year of deliberation, the Federal Communications Commission (FCC) released its draft Declaratory Ruling and Third Report and Order, focusing on state and local management of small cell wireless infrastructure deployment. This document, if approved by a majority of commissioners at the FCC's September 26 open meeting, would enact substantial new limits on local wireless siting review. For more information on the proposal in the declaratory ruling and report and order, visit NLC's blog CidesSpeak. If approved during the open meeting, the new regulations would go into effect 30 days after publication in the Federal Register. Local governments could then face enforcement action if wireless providers or other small cell applicants challenge them in court on the basis of noncompliance with the above requirements. NLC and its local government partners will oppose this proposal. To support our efforts, you can send a letter to the FCC expressing your opposition by September 18, before the FCC publishes its official "sunshine agenda" for the open meeting. To support our advocacy, use this template letter to register your opposition with the FCC no later than September 18, 2018. DHS Announces Grant Allocations for FYI Preparedness Grants Yucel Ors, 202.626.3124 8 46 of 50 The Department of Homeland Security (DHS) announced final allocations for Fiscal Year (FY) 2018 DHS competitive preparedness grant programs. These allocations total more than $1.6 billion in FYI granted to assist states, local areas, tribal and territorial governments, nonprofit agencies, and the private sector with their preparedness efforts. The FYI preparedness grants focus on the nation's highest risk areas, including urban areas that continue to face the most significant threats. Consistent with previous grant guidance, dedicated funding is provided for law enforcement and terrorism prevention activities throughout the country to prepare for, prevent, and respond to terrorism-related activity. Preparedness grant program allocations for FYI include: • Homeland Security Grant Program (HSGP): provides more than $1 billion for states and urban areas to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other threats. • State Homeland Security Program (SHSP): provides $402 million to support the implementation of the National Preparedness System to build and strengthen preparedness capabilities at all levels. • Urban Area Security Initiative (UASI): provides $580 million to enhance regional preparedness and capabilities in 33 high-threat, high-density areas. • Operation Stonegarden (OPSG): provides $85 million to enhance cooperation and coordination among local, tribal, territorial, state, and federal law enforcement agencies to jointly enhance security along the United States' land and water borders where there are ongoing U.S. Customs and Border Protection missions. Awards made to the states and urban areas for HSGP cavy pass-through requirements. Pass through is defined as an obligation on the part of the State Administrative Agency (SAA) to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. The SAA must obligate at least 80 percent of the funds awarded under SHSP and UASI to local or tribal units of government 9 47 of 50 Further information on DHS's preparedness grant programs is available at www.dhs.gov and www.fema.gov/grants. Apply for a 2019 Federal Advocacy Committee Avery Peters, 202.626.3020 Are you interested in making even more of a difference for cities? Serving on one of NLC's federal advocacy committees is one of the most rewarding ways for you, as a municipal leader, to bring your expertise to the service of cities and towns at the national level. By representing your city or town and contributing your voice, you have the opportunity to shape the efforts of the National League of Cities to proactively drive federal policy on issues that matter the most to cities. Depending on your availability and the level of commitment you seek, there is a spot for you to get involved with NLC. Leadership and membership applications are available now to serve on NLC's seven Federal Advocacy Committees. If you have an interest in a leadership appointment, please submit your application by October 8, 2018. All other membership applications are due November 30, 2018. NLC's in-coming president appoints the leadership and members for the seven federal advocacy committees for the upcoming year. Leadership and members serve a one-year term and are elected annually for reappointment via the application. Committee chairs also serve as members on NLC's Board of Directors. Appointment to a Committee requires: • Attendance at all meetings • Commitment to actively advocate on NLC's organizational priorities, as well as meaningfully contribute to the Committee you are serving on • Your city to be a member of the National League of Cities To access the application and learn more about the Federal Advocacy Committees and other networking Councils, click haa. io 48 of 50 September is National Preparedness Month Yucel Ors. 202.626.3124 The devastating hurricanes and wildfires of 2017 once again reminds us of the importance of preparing for disasters. National Preparedness Month (NPM), recognized each September, provides an opportunity to educate each other about what we must all do to prepare our communities now and throughout the year for the potential disasters. This year's NPM focuses on planning, with an overarching theme: Disasters Happen. Prepare Now. Learn How. To learn what you can do to promote preparedness in your city, go to www.ready.gov/september. There you will be able to download the Community Preparedness Toolkit and access resources to promote National Preparedness Month in your city. Webinar: Supreme Court Preview Ashley Smith, 202.626.3094 So far the Supreme Court has agreed to hear about 40 cases next term, many involving state and local government. Topics range from employment to preemption and in three cases the Court may overturn precedent. Join Tom Fisher, Indiana Solicitor General, who will argue a forfeiture case, Matt Zinn, Shute, Mihaly & Weinberger LLP, who co-wrote the State and Local Legal Center's amicus brief in a takings case and Brianne Gorod, Constitutional Accountability Center, who filed an amicus brief in the forfeiture case and a double jeopardy case, in a discussion of the most interesting and relevant cases for state and local governments accepted so far this term. Date: September 25, 2018 Time: 12:30 PM EDT Register lwj)� M _ OFCMIS . 11 49 of 50 You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic 12 50 of 50