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weekly notes - October 18th 2018
r. i 4. CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: October 18`b, 2018 TO: City Council Members & Staff FROM: Eric Johnson,City Administrator Zoning and Development Items: 1. No new applications have been received;staff has met with two potential applicants regarding a GARAGE replacement that may require a variance/C.U.P.as well as a relocation of a local business—Stillwater Skin-to a site along Osgood Ave which also might require a Conditional Use Permit. 2. Washington County will be holding an open house on 10/30 regarding their Central Greenway Trail planning;see the enclosed flyer.We have reached out to the County advising that if the City does reconstruct 58th Street in 2019,this trail might be placed into the plan—at least between Memorial Ave and the Lake Elmo Ave intersection(County 14). 3. There was some car damage related to the road construction at the Palmer Station for which we believe both Miller Excavating(and perhaps the City in some way)may be responsible for as the road cut in along Oak Park Blvd was likely not adequately signed and/or ramped.We have asked that Miller Exc. pay 1/2 of a$900 claim. OTHER ITEMS: The City has sought a $9,500 re-imbursement from Washington County for the approved grant related to the Norell Ave/ STH frontage road rerouting. See enclosed. A short update was email to those who attended the NO WAKE zone public hearing-outlining that the Council will likely take the matter up again on 11/27.We are still awaiting information from the MNDNR—a follow-up email was sent. Mayor McComber provided: 1. Lower St. Croix Management Commission Partnership Team—Agenda for 10/30(see no wake zone item) 2. NLC Federal Advocacy Update for 10-17-18 3. Greater MSP-Update and Annual Meeting Notice 10-17-18 4. MAOSC State Newsletter 10-15-18 Please let me know if you have any questions-651-253-7837 Call Anytime. CENTRAL GREENAWAY REGIONAL TRAIL LAKE ELMO SEGMENT MASTER PLAN QHOUSE sm� a Biidc- �. � �, OTYtlPU41CFElAr6 `-•' � [ I 4�� tN k ^rs MUM �Ww " �^` '&' } •,.,III rh �gx w" 11 1 -� I IbtenpalTr I[ r a aA— Iwniad ". 'r _ DOWNTOWN LAKE a r a _ �_ YN,a N �� .LAKE EIMO PUBLIC LIBRAR1f" } �'tentialTrall Underpass Linder fiailr d 1 .R 1i M f 6YESTtA9GE1 1tlD. !VMI dfp.•` N Pu6lkiroils(&10'wide) fr � ■ a # 1 .r .4, Existing Private Trails(61(Yvrlde) a a pr Ex king Coumy SoftSurFaceTdals Wwide) a t* E>fisting County/Regional Trails(8-1('wide) GtewayStateTreil(10'v4de) County Parks do l n CdyParks 0 PuMicDestinations 0Ld Sdrool s Railroad Crossing rrrraF;vu4�ullr Regional Trail(on new trail) • � � comma enter r ~.f m1acNRd Regional Trail(on edstingtrail) • _ �� �`� ;< RegianalTrailRailroad Crossing Alternate Ngl IrrterimRegional Trail(on edstlnglocal trail) T • ; �" {8 r bleftRegionalTraR(on future Wal trail) IrrteaecdonType x s ± Z Four-WayStop _.d Si •..e t �� �a' -" A2", t .gam �I�� �� '; ..�a a n azs asml L �n ... V alp 1,"yid'• ra rr"r''. -� t^'�, s,rgWA77R � OF MAHMrf)l - e CSAH 15&TH 36 u lnterchange(2020 r _ CiTy OF wwo- -" Potential R O W i m t $"u� impacts � '..-(. z- Q rY OF 0 NE tl MQ 47th eta �h 1 1 ^•1 -81.A:1'4lntemecuon FiSkl. LAKEiPARx DOWNTOWN LAKE ELMO su0wnxcr ttrvg; .. ,m '- "LAKE ELMO PUBLIC LIBRARY w' 14 - -- 4 t _ 3:LARELANO nOWNSHrP CIrY OF OAKDALE %owinoblleTrails Existing PublicTrails(6-10'wide) ExistingPrIvateTrails(6-10'wide) Ism- i ParkeM�nce r1 -, b� .^.a.F.®...- ... ExistingCountySoftWkceTrWs;(6'wide) g Existing County/Regional Trails(8-IlYwide) IiGateway StateTrall(10'wide) Prop—dsignalat CN to&Hudson 81 d Outdoor Heritage Fund Work Area Rusty Patch Bumble Bee Habitat St. of fuhY Regional County Parks 5ka1 { Phase 2 9 [rrworwo e�uRv le e!! ment �- City Parks tmaaraek 2020road'wdenmg i • Public Destinations rosect(4 to 66riesj• r ' School 'Il1 ar. t• ;� 1 � � I�/ Former Railroad Crossing -4i !!k l >�t �e At-Grade Railroad Gassing Grade Separated Railroad Crossing A f s 4 �7+ 1 ••••y Future County Road Projects Future County Road Intersection Projects 0 U—mi ISSUES AND OPPORTUNITIES Central Greenway Regional Trail Master Plan-Laky Elmo Segmment ode a ,v,4•r ` . 1 STILLWATER r aeArr - yy 4 pmr$ MOO 12 e � crry 1QF OA �t {ti"VSL'ff•tAHSFIM❑ i aE,i'k 'Wih&N lei s k � "��' 1 ;�� 4 sprrawaraWausrirp r Caw DOWNTOWN LAKE ELMO " A. eHN""" K r' rk tentiaiTYafUnderp— LAKE ELMO PUBLIC LIBRARY ,,der Railroad Cirya OAK Er —Exlstmg PublicTrails(6-10'wide) f Existing PrivateTrails(6-10'wide) f � iamsiN F - Existing County Soft Surface Trials(6'wide) Existing County/RegionalTrails(8-1('wide) fi ti Gateway StateTraR(I(Ywide) ...w . . County arks 7. City Parks IT Public Destinations School Railroad Crossing Regional Trail(on new trail) is Regional Trail(on adsting trail) t%�°; � < gmmw s� �� •" Regional Trail Railroad Crossing Alternate a e � � �� �� ""' A Interim Regional Trail(on epsting local tram Interim Regional Trail(on future local traiq IrKersectionTlrpe Four-Way Stop Signalized 0 0.25 US m' PREFERRED REGIONAL TRAIL ALIGNMENT WhAWIrmbm Central Greenway Regional Trail Master Plan Lake Smo Segment ,���, YFMR[IJS,Ja1P xxrxiwa9 wfrt, n "KII F.L 0 CITY HUL _. ..•� r'� t` 1 t 1 *} a , - J+' sAna$LMO taaxarmnY xcn9[YL r C p ry - n x' xxls m9NIGHf a r h fti � I WCt 1Ax+4 ViW tl:tincf.fiiia 1 e vaossaartuR X � tt.Lae7udLkkY' O�DYYPaUL"Alt 'Jim ryr�a IENG nCR �.� ,eaxe GdstlngPldtllcTrals(6-1Uw9de) n „-: 6dstlngCandpSdtSfrrfaeeTllals(9Mde) �w Pada RegionalTrail lon newiral0 RegioralTrall(on esisting tra10 ReglofalTrailRalhadGosingAhnmte w 0fACJ r1IAIL. Interim Regional Trail(on e>Ostingloal trail) Interim Regional Trail lonfuunelocal trail) ®PREFERRED REGIONAL TRAIL ALIGNMENT-LAKE ELMO ENLARGEMENT Central Greenway Regloml.Trad Master Plan:Lake Elmo Segment City of Oak Park Heights Pare 1 of 1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 10-16-18 TO: Chris Eng-Washington County—WCCDA Via email Only: ChdsE@washingtoncountycda.org RE: $9500—Grant Reimbursement Dear Chris, Pursuant to the grant agreement and requirements the City is requating reimbursement for$9500 related to the costs of the Norell Ave 1 STH 36 Study. For your records, I have enclosed the following 1. A signed copy of Study dated June 5"h, 2018. 2. An invoice from the City for$9500.00 to WCCDA—The City has paid tis in full to STANTEC and proof of such payment is enclosed in the form of cancelled checks—see these are highlighted over a 5- payment timeline totaling$22,850 and following the submission: Itemize expenses for the completion of the proposed project goals or proposed activities. Itemized Use of Funds/Expenses Costs Funding Source STANTEC—Alignment Concepts WCCDA S9.500 $22,850 City S13.350 ST.`,NTEC—SHE Planning Concepts $3.800 CITY Tot:l $26,650 3. A completed form of the WCCDA Payment request and Certification. The City does thank the WCCDA and does appreciate the funding.We continue to work on this Project, it is worth noting results such study did aid the City in furthering a MNDOT Grant for$644,000 which will be utilized to directly thatd is p I uld b h py o answer any questions. - IGn Eric J nson City ministrator Lee Mann, STANTEC Weekly Notes Eric Johnson From: Eric Johnson Sent: Thursday, October 18, 2018 8:26 AM Subject: No Wake Zone- Request from Sunnyside Marina - short follow-up 10-17-18 Dear Interested Peron(s): You are receiving this email communication as a follow-up to the public hearing the City Council held on 9/25 relating to the request by Sunnyside Marina to support the establishment of a NO WAKE zone. You listed this email at the sign-in sheet. (some email addresses were difficult to read) At this time the City is still awaiting data from the MNDNR as to incidence of enforcement of current regulations. We suspect that data will be received soon. The City Council is anticipating to review and potentially discuss any received data at the regularly scheduled Council Meeting on 11/27—6 pm. Please let me know if you have any questions. Thank you, Eric Johnson. City Administrator 651-439-4439 Ea*ohnson@citvofoakparkheights.com i City of Oak Park Heights Public Hearing -No Wake Zone 9-25-18 NAME Address Phone Email W-144 � wN13SF'• c,fik<7r +( A 6S-j -.g3`{'Z1Lp -too tie ""o CP ruc,r ,c o•� IM��r�d��l+b�t.✓ 6g15ac"i}��1'lV ��' �fr3�i-LII S'/ �l,na • aslef Ot DAV6'uHrAdziD '�'''� S sr 6(Z z 3 ��it.Cat a5-61 Si.0 o- *A �• 763-533-04b t�A,,,�e.e Ayr ��7. <-%44 is ♦b1. irc , C aJ �'j 6 I "R V.-vc-4 1) 3 Xr« ./` $ , IrN &S c+�►sn+ � y9ZS M .coumuSTAL04, L—_ ��23�0"4`123 err. `3413 '�L,155 1L440 LAABIVIeW ANE S. !o�2 45V-03'7'7 �►�ss�v�a'w.�s;�.ec�w, Q 0vi) B6u+wc115Lw,dba, Cr 5 275' 7tF6 P5bodr�u`i C re S �p vr,p s• oLee-604,VuL7.4 r 1�6Gki� d�d7 BfG'�1r. �/�7y-088f� ,adv: gam. - /0F0Q . CELS - -� 96,—G .4)i -rh ire#7 �2 -(f.d M A)r,&,6V jO3fS5r eeolA IvW Gid-AO- 5 V7 o 0 Wd6✓m CP46/6 A I 11 1 Of 5t"-V UA51 ciV, '34 vvxc-rx cc 33� Ct., rj raSI• y39.-v!�s3 I f- arC� �so� p,�estid.K�e S ,onz fl/c- 4r.-1 41-r")f �,, /� z f j N,s4,t 4 vt 6/' /41. r/t Z `y t/ C City of Oak Park Heights Public Hearing -No Wake Zone 9-25-18 4NAME Address Phone Email �[ T RRIf IFoml CY 1e12•I1S' 1Om3 Cu�ffe✓'74(2cin LOWER ST. CROIX MANAGEMENT COMMISSION PARTNERSHIP TEAM 7:00 PM Tuesday,October 30,2018 City Hall 14168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Agenda for MEETING#68 (Quorum(8 +6+6)/3 X 0.6 =4) 7:00 1. Introductions - Sign in—Determination of quorum 7:10 2.Approval of Minutes of July 31,2018 7:15 3. St. Croix River National Monument or Park Proposal, Sophia Fix 7:40 4.a. River wake signs study committee,John Goodfellow b.Safe harbor colors c. Land owners guide d Marina no wake zones for Stillwater and Bayport 8:00 5. Changing meeting dates to fifth Wednesdays starting January 30,2019 8:10 6. General Riverway Announcements-Adjourn Since the PT has no staff or budget, agendas and minutes will be furnished only by e-mail Future Land Use Review Committee meetings:Afton City Hall, 3:00 PM second Tuesday (Wednesday) of each 5-Tuesday(Wednesday?)month Future Partnership Meetings: Oak Park Heights City Hall, 7:00 PM 50'Tuesday (Wednesday?). Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday,October 17,2018 9:27 AM To: Eric Johnson Subject: Fwd: Federal Advocacy Update:Week of October 16,2018 For weekly notes ----Original Message----- From: National League of Cities<advocacy@nic.org> To: marymccomber<marymccomber@aol.com> Sent: Tue, Oct 16, 2018 4:38 pm Subject: Federal Advocacy Update:Week of October 16, 2018 If this message is not displaying properly,please view the online version Federal Advocacy Update In This Issue - NLC Hosts Mayors in Washington for Capitol Hill Briefing on Opioids Congress Sends Water Resources Bill to President Congress Passes Third Bill to Address Opioid Crisis FAA Bill Secures 5 Years of Federal Support for City Airports Congress Passes Legislation to Reform Federal Disaster Assistance Program D.C. Court Decision Reinstates 2017 Risk Management Rule - Justice Department Awards $320 Million to Combat Opioid Crisis - 2015 WOTUS Rule in Effect in 22 States; Proposed Replacement Expected Soon - Application Period Open for 2018 Hazard Mitigation Assistance Program Grants - FCC Proposes New Limitations on Local Cable Franchises and Regulation - Justice Department Awards $30 Million to Combat Violent Crime - Make a Difference for Cities: Become a Federal Advocacy Committee Member NLC Hosts Mayors in Washington for Capitol Hill Briefing on Opioids Stephanie Martinez-Ruckman, 202.626.3098, Yuce/Ors, 202.626.3924 On October 10, the National League of Cities (NLC) hosted Gary, Indiana Mayor Karen Freeman-Wilson, NLC's first vice president, Huntington, West Virginia Mayor Steve Williams and Knoxville, Tennessee Mayor Madeline Rogero in Washington to highlight the partnership needed from our federal government to successfully combat the opioid crisis in cities across America. At a briefing on Capitol Hill, the mayors highlighted the need for a strong federal- local partnership in order to adequately address the needs and challenges in communities across America. Following the briefing, the mayors met with key members of the Senate Appropriations Committee, including the majority clerk for the Senate Appropriations Labor-HHS Subcommittee, as well as Senators Shelley Moore Capito (R-WV), Lamar Alexander (R-TN) and Joe Manchin (D-WV), as well as key members of the Administration including the Office of National Drug Control Policy. 2 w 711 ii 1 rva pllir I� .� III +,N AA•. WV , ,I- , 1 I Moving forward, NLC will continue to work with Congress to ensure that cities are at the table, particularly through the upcoming Fiscal Year 2020 process, as funds are appropriated. For more on this day of advocacy on Capitol Hill, visit NLC's blog, CitiesSpeak. Congress Sends Water Resources Bill to President Carolyn Berndt, 202.626.3101 On October 10, the Senate passed a water resources bill, the America's Water Infrastructure Act ( . 1'), by a vote of 99-1, with NLC support, sending the bill to the president for signature. The bipartisan, bicameral compromise bill authorizes $5.8 billion for 15 projects under the U.S. Army Corps of Engineers (Army Corps) related to navigation, flood control, and ecosystem restoration, and includes additional provisions related to wastewater and drinking water and workforce development. 3 For a breakdown on key takeaways and important provisions for cities, visit NLC's blog, CitiesSpeak. Congress Passes Third Bill to Address Opioid Crisis Stephanie Martinez-Ruckman, 202.626.3098, Yucel Ors, 202. On October 3, the Senate approved, by a 98-1 vote, a broad package of opioid legislation that looks to provide a comprehensive approach to addressing the opioid crisis. The House cleared the package on September 28 before recessing until after the elections. The bill, SUPPORT for Patients and Communities Act (H.R. 6), now goes to the White House which has signaled its strong support for this effort, making it likely that President Donald Trump will sign the package into law. This bill is an important step in fighting the opioid epidemic, but it falls short in many areas including ensuring sustained, systemic investments to local efforts to combat substance abuse disorders. The National League of Cities (NLC) is concerned that while Congress has provided a considerable amount of federal dollars toward the opioid crisis, this money is still not getting down to fund local prevention, treatment and recovery programs. The bill authorizes an additional $500 million per year from the 21 st Century Cures Act for the State Targeted Opioid Response (STOR) Grants program to provide funding'to tribes and give states additional flexibility for using the grants. The STOR program is designed to increase access to treatment, reduce unmet treatment need, and reduce opioid overdose related deaths through the provision of prevention, treatment and recovery activities for opioid use disorder (OUD) (including prescription opioids as well as illicit drugs such as heroin). In Fiscal Years (FY) 2017 and 2018, the Department of Health and Human Services (HHS) awarded more than $1 billion in grants to states and territories to help combat the opioid epidemic through the STOR program. Lack of clarity from Congress and the Administration on how States should use this money has left millions of dollars in federal spending on the table. 4 As such, at their Summer Board and Leadership Meeting, NLC's Board of Directors passed a resolution allowing NLC staff to actively push for changes to the STOR program over the last three months. These proposed changes would have required the Substance Abuse and Mental Health Services Administration (SAMHSA), an agency within HHS, to either set aside up to 20 percent of the grants for competitive local grants or to require the states to pass through 80 percent of the STOR grants to local substance abuse, treatment, prevention and recovery programs. While these changes did not make it in to the final bill, NLC will continue to fight for additional changes to the various opioid grant programs to ensure the money is getting down to the local level. NLC was successful in getting language added to the final bill that requires the Substance Abuse and Mental Health Services Administration (SAMHSA) to provide a detailed report on how States are using the federal funding to support prevention, treatment and recovery activities. FAA Bill Secures 5 Years of Federal Support for City Airports Brittney Kohler, 202.626.3164 Every day, more than 42,000 flights travel through cities in the United States. On October 3, the Senate passed the latest Federal Aviation Administration (FAA) reauthorization (H.R. 302), which brings $17 billion in secure support for the next five years to city airport improvements and essential air service that reaches across the United States. NLC was glad that the Senate moved forward with a negotiated FAA package, which the president signed on October 5, particularly because the FAA's existing programs were not the only programs of note for cities in the bill. Across the country, cities have raised concerns about airport noise, and Congress reacted in this bill with over a dozen possible studies and directives to FAA to mitigate and respond to concerns on the ground. The bill also contains significant changes to how unmanned aircraft systems (UAS or drones) will be authorized to fly above cities. To open up the possibilities of drone use, Congress removed an exemption for model aircraft that held FAA back from writing overarching rules for all drones, including requiring an electronic 5 identification system for drones. Congress also directed the FAA to update its rules to allow drones to carry property for hire within a year, allowing a range of new transportation uses that could have an even greater growth trajectory than scooters and bikeshare on city streets. While any city with an airport understands how this FAA bill will impact them, every city will be impacted by this bill because it turns every part of your city into an "airport." Cities must now work with the FAA to discuss the specifics of increasing drone flights and set expectations for the new rules and how they will impact communities. NLC was pleased that Congress also chose to incorporate a new Aviation Maintenance Workforce Development Program which will provide cities and their partners with $5 million in competitive grants over five years to support career and technical education programs as well as access to scholarship, apprenticeship and transitional programs for those interested in the aviation maintenance sector. NLC strongly advocated for this program, along with our partners in the aviation industry, and this new workforce training program will provide direct access to cities and their local partners to develop and further workforce programs in this growing sector. To learn more about the specifics in this legislation, visit NLC's blog, CitiesSpeak. Congress Passes Legislation to Reform Federal Disaster Assistance Program Yucel Ors, 202.626.3124 The FAA reauthorization passage was significantly better for cities because it included the Disaster Recovery Reform Act (DRRA). Congress heard cities' call to build resilience into their system and the DRRA will shift federal resources to help communities take proactive steps to mitigate risk and make their neighborhoods safer. The additional investment in mitigation, both pre- and post-disaster, is the best defense against natural disasters and it will reduce future federal spending for disaster recovery. NLC commends Congress for setting stricter limitations on the ability of the Federal Emergency Management Agency (FEMA) to claw-back previously approved funds distributed to local governments for disaster relief efforts. NLC is 6 pleased that Congress is committed to working with local leaders to rebuild our cities and to drive forward solutions for all American communities. To learn more about the specific provisions included in this legislation, visit NLC's blog, CitiesSpeak. D.C. Court Decision Reinstates 2017 Risk Management Rule Carolyn Berndt, 202.626.3901 On September 21, the U.S. Court of Appeals for the D.C. Circuit Court issued a mandate to the U.S. Environmental Protection Agency (EPA) that reinstates the 2017 Risk Management Program (RMP) Amendments to the Accidental Release Prevention Requirements for Risk Management Programs under the Clean Air Act. The Risk Management Rule applies to facilities that use regulated toxic and flammable hazardous substances, including water and wastewater treatment facilities, and requires coordination with local emergency responders. The 2017 RMP Amendments rule was finalized in January 2017 in the last days of the Obama Administration. NLC raised concerns with the Obama-era rule regarding the process used to develop the rule and the impacts and costs to local governments to comply with the rule. In July 2017, the Trump Administration issued a rule to delay the effective date of the 2017 RMP Amendments until February 2019, while it conducted a new rulemaking to revise the 2017 RMP Amendments. In August 2018, NLC submitted comments to EPA on a proposed rule to modify the 2017 RMP Amendments. The proposed rule addressed many of the concerns, such as costs to local governments both as owner and operators of water and wastewater treatment facilities and as first responders, as well as vague and unworkable definitions, that NLC raised with the previous rule. With the 2017 RMP Amendments now in effect, EPA has issued compliance information for stakeholders on current and future obligations. Of interest to local governments (water utilities and public safety officials) are the requirements 7 around local emergency coordination, emergency response, and prevention program provisions. Justice Department Awards $320 Million to Combat Opioid Crisis Yucel Ors, 202.626.3924 The Department of Justice's (DOJ) Office of Justice Programs (OJP) is awarding $320 million to help communities impacted by the deadliest drug crisis in American history, including crime victims, children, families, and first responders. The following is a breakdown of the grant funding: • Innovative Prosecution Solutions for Combating Violent Crime and Opioid Abuse ($2.8 million). Help prosecutors develop strategies to address violent crime caused by illegal opioid distribution and abuse. • Comprehensive Opioid Abuse Site-Based Program ($162 million). Help jurisdictions plan and implement programs aimed at reducing opioid abuse and mitigating its impact on crime victims, including training and technical assistance. • Justice and Mental Health Collaboration Program ($5.9 million). Address the treatment needs of people using opioids under the Justice and Mental Health Collaboration Program. Helping Children and Youth Impacted by Opioids ($46.6 million). Help children and youth impacted by the opioid crisis, including training and technical assistance. • Drug Courts ($81.2 Million). Assist adult, juvenile, and family drug courts and veteran's treatment courts, including training and technical assistance. • Paul Coverdell Forensic Science Improvement Grant Program ($17 million). Address the dramatic increase in deaths and the backlogs of seized drugs because of the opioid crisis. • Opioid-Related Research for Criminal Justice Purposes ($4.1 million). Development of new tools to enforce the law, ensure public safety, prevent and control crime, and ensure fair and impartial administration of justice. For more information about the grant funding, view the OJP's fact sheet. 8 2015 WOTUS Rule in Effect in 22 States; Proposed Replacement Expected Soon Carolyn Berndt, 202.626.3101 Earlier this year, the U.S. Supreme Court unanimously ruled that district courts, rather than appellate courts, have jurisdiction to rule on the merits of the 2015 Clean Water Rule (aka "Waters of the U.S." or "WOTUS"). The Supreme Court's decision reversed the 6th Circuit ruling and remanded the case with instructions to dismiss, essentially vacating the nationwide stay of the rule that had been in effect since 2015. As litigation on the WOTUS rule is now in district courts, several district courts have issued preliminary injunctions on the 2015 rule halting implementation in 28 states. At the same time, however, the 2016 Clean Water Rule has gone into effect in 22 states, plus DC and the territories, as a result of a South Carolina district court decision that put a hold on the Administration's plan to delay the effective date of the 2015 rule. 9 0 WA � NH ME MT , ND OR MN �� ID i WI MA spy MI - 11 'i -- SRI PA CT ^-- -- NE NV OH UT IL IN� DEE WV . CA , � CO MD KS MO KY VA I —- NC TN AZ NM ARSc 4 — MS AL GA TX LA L � -- f FL 'v d AK/ HI The EPA is providing this map for informational purposes only,and it cannot be Applicable Definition relied on for specific deterrninations or other legal purposes.As the Iltigation 2015 Clean Water Rule` continues,the EPA will update the map,when possible,to reflect the most current information that is made available to the EPA and the Army.For specific Pre-2015 Regulations and Guidance requests,please contact the Amry Corps of Engineers or EPA.This map was updated on September 18,2018. •Also applicable in the U.S.terdtorles Parties to the South Carolina case, including the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps), have filed a motion appealing the district court decision, stating that the agencies are in the process of repealing the rule. Additionally, a motion is pending before a Georgia district court asking the court to expand its 11-state injunction of the 2015 WOTUS rule to apply nationwide. If a local government has specific questions about a jurisdictional determination or permit, they may contact a local U.S. Army Corps of Engineers District office or the EPA. As litigation on the 2015 WOTUS rule continues, EPA and the Army Corps are undergoing a two-step rulemaking process to rescind and revise the Clean Water Rule, in addition to a finalized rulemaking to delay the effective date of the 10 2015 rule, which was overturned. NLC raised concerns with the agencies on both the rescind and revise rulemakings, as well as on the 2015 rulemaking. According to EPA, the revised Clean Water Rule is expected to be finalized within the next month. Application Period Open for 2018 Hazard Mitigation Assistance Program Grants Yucel Ors, 202.626.3124 On October 1, FEMA began accepting applications for the Hazard Mitigation Assistance (HMA) grant programs for Fiscal Year (FY) 2018. HMA's two competitive grants programs are Flood Mitigation Assistance (FMA) and Pre- Disaster Mitigation (PDM). These programs provide funding to states, tribes, territories, and local governments for eligible mitigation activities to strengthen our nation's ability to reduce disaster losses and protect life and property from future disaster damages. For the FMA program, the agency's predetermined funding priorities include flood mitigation planning and efforts for repetitive loss and severe repetitive loss properties. In this application cycle, $160 million is available in FMA grant funds. There is a set-aside of$70 million for community advance assistance and flood mitigation projects. The remainder of the FY 2018 FMA grants will continue to focus on reducing or eliminating the risk of repetitive flood damage to buildings and structures, flood hazard mitigation planning, as well as technical assistance for applicants who were awarded FMA grant program funds totaling at least $1 million in the FY 2017 funding cycle. The PDM program is designed to implement a sustained pre-disaster natural hazard mitigation program with the goal of reducing overall risk to the population and structures from future hazard events. FEMA selects eligible planning and project sub-applications for the PDM program which fulfill statutory requirements and competitive mitigation activities that limit duplication of other HMA grant programs as provided in the agency's predetermined priorities for funding. 11 For additional information or to ask questions about the application or grant programs, contact FEMA's Intergovernmental Affairs Division at 202-646-3444 or FEMA-IGA@fema.dhs.gov. FCC Proposes New Limitations on Local Cable Franchises and Regulation Angelina Panettieri The Federal Communications Commission (FCC) has issued a Second Further Notice of Proposed Rulemaking, which proposes new rules that could harshly limit local cable franchising. The proposal would limit most cable-related in-kind obligations that local governments can negotiate as part of franchise agreements and would also eliminate local authority over the non-cable services provided over cable systems. The FCC also seeks comment about whether these limitations should apply to state franchises in addition to local franchises. The FCC proposes that any in-kind cable obligations other than capital costs for public, educational, and governmental access (PEG) channels and cable build-out requirements included in franchises should be considered a "franchise fee" for the purposes of the Cable Act, and therefore the value of those obligations should count towards the 5 percent gross revenue cap on franchise fees. This could include the value of obligations such as the channel capacity for PEG stations, complementary connections to school or government buildings, and electronic program guides. These benefits would be estimated at fair market value, and depending on the value given those obligations, could eliminate monetary franchise fees entirely for some communities. The FCC also requests feedback on whether those values should instead be calculated based on cable companies' costs to provide them. The FCC also proposes to preempt local governments from regulating non-cable services provided over cable networks, other than institutional networks (I-Nets), as well as the facilities and equipment used to provide those services. The FCC seeks comment on whether this proposal should apply only to cable operators who are common carriers, or whether it should apply to all cable operators. In addition to precluding local involvement in broadband provision by cable companies, this preemption may enable expanded installation of wireless 12 equipment on cable infrastructure with no oversight from local authorities. This could present safety and liability challenges for local governments, as well as differing regulatory schemes for wireless equipment in the rights of way owned by wireless companies, versus that owned and operated by cable companies. Comments on this proposal will be due 30 days after publication in the Federal Register, with reply comments due 60 days after publication. NLC opposes this rulemaking and will file comments in opposition. Justice Department Awards $30 Million to Combat Violent Crime Yuce!Ors, 202.626.3124 The Department of Justice (DOJ) announced awards of almost $28 million in grant funding to combat violent crime through the Project Safe Neighborhoods (PSN) program and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies and enhance services and resources for victims of violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. Through the enhanced PSN, DOJ is targeting the most violent criminals in the most violent areas, utilizing policing tools that did not exist even a few years ago. Tools like crime gun intelligence centers (CGIC), which combine intelligence from gunshot detection systems, ballistics, gun tracing, and good old-fashioned police work, help to develop real-time leads on the "traffickers and trigger pullers" who are fueling the violence in their communities. By using modern technologies and cutting-edge police work, the DOJ is looking to deploy resources strategically to provide the greatest return on community-based anti-violence efforts. For more information, click hiere for the FY 2018 PSN Funding Allocation Amounts. 13 Make a Difference for Cities: Become a Federal Advocacy Committee Member 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. To serve as a member of a Federal Advocacy Committee, submit your application by 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, click here. IML 0 L,C _ OF CMI 14 You may opt out of email communications from NLC at any time. Update your comrntuflcation 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 15 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday,October 17,2018 3:09 PM To: Eric Johnson Subject: Fwd: Register NOW! 2018 GREATER MSP Partnership Annual Meeting For weekly notes ----Original Message---- From: GREATER MSP <info@greatermsp.org> To: marymccomber<marymccomber@aol.com> Sent:Wed, Oct 17, 2018 12:54 pm Subject: Register NOWT 2018 GREATER MSP Partnership Annual Meeting G AT R >> M P1 Minneapolis Saint Paul Regional Economic Development Partnership 2418 GREATER MSP ANNUAL MEETING 1 _J D A D PLEASE JOIN US! THE 2018 GREATER MSP PARTNERSHIP ANNUAL MEETING NOVEMBER 14, 2018 5:30 pm- REGISTRATION 5:30-8:00 PM 6:00 pm (sharp)- ANNUAL. MEETING PROGRAM 7:00 pm - 8:00 pm -NETWORKING RECEPTION ORCHESTRA HALL As part of the evening's program, we are pleased to 1111 N1COLLET MALL, showcase a special performance by a string quartet MINNEAPOLIS, MN 55403 eoraprtsed of members of the Minnesota Orchestra. REGISTER NOW GREATER >>MSP Mojielporn L.Na I Dvr100mcnl Pormmhrn. • - -• • • • - 111 • • • • _ - - • - • • • • speakers will include Tim Welsh, Rhonda Sivarajah, Ravi Norman, Michael Langley, and others who will introduce our exciting new vision for our region. BOLD. FORWARD. TOGETHER. REGISTER r Thank you to our Entertainment Sponsor: gig MINNESOTA ORCHESTRA Questions?Contact Judy Johnson,at Judy.Johnson@greatermsp.org or 651-287-1362 r � f Ir ` � art Manage your preferences;Opt out using TrueRemove® Got this as a forward?Sign up to receive our future emads View this email online 400 Robert St North Suite 1600 Saint Paul, MN 155101 US This email was sent to marymccomber@aol.com To continue receiving our emads, add us to your address book 3 MAOSC State Newsletter—October 15,2018 MAOSC Fall Retreat The MAOSC Board and staff met in member-city Grand Marais on Oct.5 for the Fall Retreat and were welcomed to the community in brief remarks from Mayor Jay Arrowsmith-DeCoux and City Administrator Mike Roth. Considerable attention was devoted to how MAOSC serves the best interests of its member cities at both the state and federal levels.Efforts to make the State Newsletter,Federal Update,Legislative Update and various special bulletins as helpful as possible have resulted in a steady increase in readership.The organization is exploring various new outreach efforts in order to get feedback on how the needs of member cities can be better served. Preliminary discussions on priority 2019 legislative issues concentrated most closely on sharpening the focus on Transportation funding,the city Workforce Shortage related to aging and broader employment factors, Broadband expansion that should be more focused on serving residences and businesses in small cities,Workforce Housing strategies,and improving Water Infrastructure, among other topics. MAOSC is already coordinating with other City and Transportation groups to rally coordinated support for new funding options that will benefit City Streets through stable funding of the Small Cities Assistance program. The legislative priorities will be further formulated at the next MAOSC Board Meeting set for Thursday,Nov.15.The meeting will be held at the American Legion in member city Paynesville,starting at 1:30 pm.All MAOSC members are invited to attend.The Paynesville American Legion is located at 770 W.Highway 23.Please contact me,Jill Sletten,at isletten0slettenizapp.com to RSVP. A portion of the Fall Retreat was devoted to reviewing the Washington, DC trip a month earlier,and discussing the potential for bolstering the organization's efforts at the national level.Andy Burmeister of the Lockridge Grindal Nauen Federal Relations Group (LGN)represents MAOSC on federal issues and organizes the annual trips.Burmeister addressed the potential for surveying member cities and other potential ongoing projects at the national level. Wastewater Treatment Optimization Last year MAOSC identified the proposed Wastewater Treatment Optimization pilot project as a high priority for small cities operations because of its potential for lowering costs,extending service life of facilities,and improving environmental outcomes. Not only was the original plan accepted,but the pilot project proposal was expanded to allow for all types of treatment operations. Earlier this year,the Legislature fully funded the expanded optimization pilot project at$700,000 to allow for pilot projects at up to five mechanical treatment plants and 30 pond systems. Now,project director Joel Peck of the MPCA is seeking both mechanical treatment and pond system volunteers to participate in the project,which is expected to be conducted over the next three years. Knowing that our wastewater operators are under great stress to keep their systems functioning properly,we asked Mr.Peck what kind of help they can expect to get if they volunteer for the pilot project.For pond systems,the Minnesota Water and Wastewater Agency Response Network(MnWARN)in association with the Minnesota Rural Water Association,will be providing extensive asset management assistance,equipment and expertise. For the mechanical plants, Minnesota Technical Assistance Program(MnTAP)will provide intensive assistance related to flow rate assessments,temperature controls and software for optimal modeling. Please contact Joel Peck at ioel.peck0state.mn.us for more information.No deadline has been set for volunteer participation,but contacting Joel as soon as possible to find out if this pilot project would be a good fit for your community is strongly encouraged. Infrastructure projects challenged When legislators hatched a scheme late in the 2018 legislative session to raid$98 million from the Environment and Natural Resources Trust Fund(ENRTF)mostly for wastewater treatment projects—including several vital projects in small cities—many environmental and outdoors groups questioned whether the action would violate the state constitution based on voters'wishes when they had twice approved dedicated environmental legacy funds through the state lottery and sales tax sources. Some legislators responded by daring environmentalists and the outdoors sporting public to sue them.They did exactly that earlier this month.Originally,the Minnesota Department of Management and Budget(MMB)had planned on fast-tracking the$98 million in appropriation bonds from the ENRTF for bidding in September.Now,the legal challenge is certain to delay these much-needed projects for several months—or very possibly permanently if the litigation succeeds and the Legislature refuses to change course. Key facts: MMB estimates that the special appropriation bonds will cost the state an additional$35 million in borrowing costs over 20 years compared to conventional,AAA-rated G.O.bonds.The voter-approved backing for the environmental legacy funds disappear in 2025(unless voters approve an extension),but the bonds will have at least 13 years of structured debt outstanding.The Legislature limited its low-cost GO borrowing to$825 million despite having a$3.5 billion debt-capacity ceiling for 2018 alone.The state estimates Wastewater Infrastructure needs at$4.99 billion over the next 20 years.The Minnesota Environmental Partnership (MEP)had never pursued litigation to preserve its mission since its inception 20 years ago,and is joined now by eight other prominent environmental,conservation and outdoors groups in the case against the state. https://www.meportnership.ora/an-unprecedented-raid-and-a-betroval-of-voters-trust/ http//www.duluthnewstribune.com/news/aovemment-and-politics/4508390-groups-sue-over-environmental-trust-fund-spendina Governor Candidate Survey MAOSC published survey responses last week from the two major-party candidates for Governor—Republican Jeff Johnson and DFLer Tim Walz—staking their positions on major issues of concern such as Local Government Aid,City Streets funding,broadband, water infrastructure,workforce shortages,housing and rural health care.Survey responses were shared in a newsletter Special Report.We appreciate the candidates'participation,and expressed willingness to support MAOSC priorities. We encourage member cities to share the survey responses with your local media,or post them on your city's website or social media.MAOSC will be utilizing these responses in the legislative sessions to come,reminding the new governor and legislators of the commitments made to small cities during the 2018 campaign.Publicizing the survey responses now can benefit small cities and raise the MAOSC profile into the future. While Johnson and Walz certainly showed support for Minnesota's small cities,they tackled these pressing issues with differing emphasis and approaches.In case you missed the Special Report,we encourage you to take a look here: http://tiles.constantcontact.com/3ab79oOb101/2d173e8e-5e31-494a-boe9-dd4744184cOd.adf Minn f� Political Scene IT Our feature segment"Minn Political Scene"keeps you updated with brief mentions of particularly notable activities throughout this busy election year. When it comes to how the Metropolitan Council governance is handled,policy and politics have intertwined since discussions of setting up a planning organization for the Twin Cities area started more than half a century ago.The structure was set up through bipartisan cooperation with the governor appointing the Council and its chair,subject to state Senate approval.The elected vs. appointed question was primarily a dry policy conversation for years while questions of overreach limiting local decision-making have flared up at times.More recently,the concept of establishing a Council of Governments(CoG)approach has gained ground,but mostly supported by Republicans.The overall governance structure has not changed appreciably since the Council's inception. Possibly the most overtly political proposal related to the governance issue was put forward by Second District Congressman Jason Lewis who pushed for an amendment in the U.S.House that would have stripped the Metropolitan Council of its regional federal transportation funding role unless the governance structure was reworked.The Lewis amendment was rejected in Congress,and the matter put to rest for now after President Trump signed the FAA Reauthorization Act earlier this month. f/www.startribune.com/move-bv-rep-ioson-Lewis-to-retool-met-council-fails-in-washinaton/496695801/ Last month Republican state Rep.Jim Knoblach of St.Cloud announced he was discontinuing his re-election campaign as allegations of inappropriate childhood touching from his now-adult daughter were coming out in the media.The eight-term legislator was chair of the House Ways and Means Committee,widely considered the most powerful legislative committee-governing over state appropriation bills which are required to originate in the House.The Knoblach seat is considered Republican leaning,but Knoblach's decision not to campaign came too late to replace him on the ballot.The DFL candidate for the seat is Dan Wolgamott. https://www.momews.ora/story/2018/09/21/knoblach-ends-compoian-amid-abuse-allegations As we had reported in the Newsletter earlier this year,DFL state Rep.Paul Rosenthal of Edina has now gone ahead with his decision to accept a new job opportunity in Utah,sending in his resignation letter recently.The four-term legislator signaled his intentions early enough to allow the DFL to place another candidate on the District 49B ballot.The seat is considered highly competitive. httos:Vwww.house lea state mn us/members/pmssrelease asp?pressid 20145&party 1&memid 15312 Rall Service grants open The Minnesota Rail Service Improvement Program provides financial assistance for the improvement of rail service in the state.The program provides grants and loans for the construction and rehabilitation of railroads and rail facilities.With$1 million in state general obligation bond funds currently available to the MRSI grant program,MnDOT is accepting applications for grant funding through Nov.16,2018.Please direct any questions regarding this grant funding solicitation to Peter Dahlberg at MnDOT Office of Freight and Commercial Vehicle Operations,geter.dahlberg0state.mn us 651-366-3693.Questions should be submitted by Nov.9. Both a full description of the program and application are available via links here: https:i'www.dot.state.mn us%frw/railroad/mrsi htm! a 4 94A Minnesota Association of Small Cities .charts Minnesota Small Cities'Shorts "Small Cities'Shorts"are brief yet noteworthy items featuring MAOSC member cities and officials.Readers can submit potential Small Cities'Shorts or other feature ideas by emalling James Robins at: inrC�iamesrobins.com. Our thoughts are with several of our member cities that have experienced recent flooding after relentless heavy rains.Possibly the most flood-weary community would be Springfield which is dealing with its fourth flood event of the year: httn:/Lwww.nuiournai com news/local-news/2018/09/25/snrinofield deals with fourth-flood-of-20181 The power remained out for an extended time in Waterville after a tornado ripped through town the evening of Sept 21.The city issued a temporary curfew: hh Ds.//www.kare11.com/article/news/waterville-still without Hower-after tomado/89-597036276 A marina business in Oak Park Heights is requesting consideration of a no-wake zone on the St.Croix River. Mayor and MAOSC President Mary McComber is quoted,as is City Administrator Eric Johnson: htt,os.,I/www.twincities com/2018/09/27/oak-nark heights to studwno-wake-request for st-croix nverf Planned demolition of the old high school in Clarkfield involved coordination between the city council and the Yellow Medicine County commissioners.The plan is to preserve a portion of the structure to be transformed into a community center: htt,o.'Ilwww.granitefolisnews.com/newsl2ol8o920%larkfield-and-yellow medicine-coup -hire-demolition-con ultant We were sorry to learn of the accidental death of Floodwood city council member Vernon Owens who had been a passenger in a car that had hit a bear on Highway 200.Owens was helping check on the car damage when another passing vehicle hit him: httoWwww.duluthnewstribune com/news/accidents/4506765 vehicle strikes kills floodwood city councilor-after-crash bear Fire destroyed the vacant Mille Lacs Motel in Garrison. Despite coordinated efforts with two other nearby volunteer fire departments,city officials were dismayed with critical social media postings regarding the response to the blaze: htta://www.messaaemedio.co/aitkin/news/government meetinas/garrison-counciF-resaonds to-negative social media/article e7728fa bb72 11e8 bo38-ab2229793eba html The MAOSC Board is monitoring child care shortage across the state. In Franklin,the community has taken concerted action: httas://www.minnpast mm/aood-'obs/2018/10/the-vexing economics-of-child-care-in-min resota-explainedl Despite anticipating help from grants and loans,Onamia expects to see increased water service rates due to the$6.7 million cost of water infrastructure project that is expected to break ground in mid-2019: httn://www.messaaemedia co/millelacs/news/government meetings/city-of-onamia touch pill to swallow/ort�cle 13b90e5e bb44-11e8 b3f6 fbee18038a7e html The city council in Crosslake is mulling the possibility of purchasing the adjacent old fire hall and five acres of land for possible remodeling or temporary use: htto://www.broinerddispatch.com/new/nnvernment-and politics/4509267-croulake-councrl-discusses fire-hall purchase The city council in Sherburn is considering plans for park equipment designed to encourage"active living"for all ages: htt . www. airmontsentinel.com new oval--newst 201810 03 sh rbum iscusses-active-livin aYI Engineers rate infrastructure needs Infrastructure includes fundamental facilities and systems necessaryfor Minnesota's economy to function.Roads,bridges,transit systems,airports,water and sewersystems,dams,ports,and energy systems are categories of infrastructure that directly affect our ability to live, work,and play.Infrastructure is the backbone of our state's economy and integral to preserving our high quality of life here in the Gopher State. That's the introduction to a comprehensive 2018 national study released this month by the American Society of Civil Engineers (ASCE).Not surprisingly for a group interested in improving the nation's infrastructure,the ASCE offers some tough grades on their report card for the states. Minnesota garnered an overall C grade,a bit higher than the national average.Despite the low grading curve,the study contains a lot of good data to support its findings. Drilling down to nine key sectors in Minnesota,the study provides a B grade for Aviation,a C+grade for Ports,C grades for Bridges, Dams,Energy and Wastewater,a C-for Drinking Water and Transit,and a D+for Roads.Considerable information is available for the key sectors with details available at the state level: https://www.infrostructurereportcard ora/state item/minnesota/ Regional meetings underway With the 2019 legislative session less than three months away,various fall organizational meeting are already underway.Besides the MAOSC Fall Retreat earlier this month,we've attended one of the Minnesota Transportation Alliance,and will be conferring with the MTA executive director on working together on City Streets funding issues later this month(MAOSC is a member partner of MTA). MAOSC plans to attend most of the LMC regional meetings—including the first two held last week in northern Minnesota.We hope to see you at other regional meetings across the state in the next few weeks.With a new governor to be elected,uncertainty about the legislative majorities with all 134 House seats and one Senate special election hanging in the balance,big changes are assured. Naturally,MAOSC legislative priorities remain no matter who takes the reins in St.Paul. Rural Health Day proclamation Innovation,quality of care and dedication of health professionals and volunteers in small communities across the country will be honored during National Rural Health Day 2018 on Thursday,Nov.1S.Minnesota small cities are invited to participate in planned National Rural Health Day activities to celebrate the"Power of Rural."Rural health care is one of the prior issue areas for MAOSC at the state and federal levels. A special website(www.PowerofRural ora)has been established for rural health stakeholders to explore a partnership pledge, showcase individuals and organizations selected as 2018 Community Stars,and provide visitors with a variety of tools,including social media posts.A Mayoral Proclamation and/or City Council Resolution template for use by your city can be downloaded here: http://files.cOnstantcontad com/3a679a06101155279a25-74ac-4l7O-aea3-18""3f6131e2b pdf -END-