HomeMy WebLinkAbout03-06-2019 Council Handouts SUMMARY OF COUNCIL CLAIMS 3/6/2019
ACH TRANSFERS
A/P AND PAYROLL CD TOTAL
101 GENERAL 148,136.09 79,326.36 8,281.81 235,744.26
202
205 TIF
401 9,645.25
9,645.25
528
529
565 11,727.25
11,727.25
572
705 611.03 9,040.96 61.82 9,713.81
706 1,462.43 5,810.72 61.81 7,334.96
707 16.27 1,111.01 1,127.28
710 42,199.17 42,199.17
902 6,394.41
6,394.41
903
901
990 99.75 99.75
Voided Check _
220,291.65 95,289.05 8,405.44 323,986.14
AP CHECK NUMBERS 63970-64014
PAYROLL CHECKS 28014-28019
DD PAYROLL CHECKS 3664-3688
DD TRANSMITALS 7160-7172
TRANSMITAL CHECK 28020
Dated:
Mayor: G� L
r
City Council: �—
City Recorder:
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CITY OF OAK PARK HEIGHTS Journals-Council Report(2) Page: 1
CASH DISBURSEMENTS(CD) Feb 26,2019 02:12PM
Period:1/31/2019(01/19)
Report Criteria:
Journal Code.Joumal Code=CD
Transaction.GL Account(3 Characters)_(<>)"990"
Reference Account Debit Credit
Date Number Payee or Description Number Account Title Amount Amount
CD
1
01/31/2019 1 RECORD PSN FEES INVOICE#187852 705-48100-212 OTHER CONTRACTUAL SERVICES 61.82
RECORD PSN FEES INVOICE#187852 706-48200-212 OTHER CONTRACTUAL SERVICES 61.81
2
01/31/2019 2 RECORD WIRE TRANSFER FEE 101-40600-212 OTHER CONTRACTUAL SERVICES 5.00
3
01/31/2019 3 RECORD HEALTHPARTNERS PREMIU 101-20970-000 COBRA INS PREMIUM PAYABLE 548.27
RECORD HEALTHPARTNERS PREMIU 101-40690-415 EMPLOYEE HEALTH LIFE&DENTAL 786.39
RECORD HEALTHPARTNERS PREMIU 101-14700-000 ACCOUNTS RECEIVABLE-MISC 318.05-
01/31/2019 4 RECORD DELTA DENTAL PREMIUM -J 101-20970-000 COBRA INS PREMIUM PAYABLE 88.20
RECORD DELTA DENTAL PREMIUM-J 101-14700-000 ACCOUNTS RECEIVABLE-MISC 81.00-
RECORD DELTA DENTAL PREMIUM-J 101-14700-000 ACCOUNTS RECEIVABLE-MISC 40.50
5
01/31/2019 5 ADVANCE HSA CROFT 101-14700-000 ACCOUNTS RECEIVABLE-MISC 3,000.00
01/31/2019 5 ADVANCE HSA WYNIA 101-14700-000 ACCOUNTS RECEIVABLE-MISC 3,000.00
01/31/2019 5 RECORD TRANSFER FOR DEANNE D 101-40690-415 EMPLOYEE HEALTH LIFE&DENTAL 1,800.00
6
01/31/2019 6 HSA PAYBACK-CROFT 101-14700-000 ACCOUNTS RECEIVABLE-MISC 250.00-
01/31/2019 6 HSA PAYBACK-WYNIA 101-14700-000 ACCOUNTS RECEIVABLE-MISC 250.00-
7
01/31/2019 7 RECORD AMT DUE HSA WYNIA/CROF 101-20980-000 HSA-HEALTH SAVINGS PAYABLE 87.50-
Grand Totals: 9,391.99 986.55-
CITY OF OAK PARK HEIGHTS Journals-TREASURER'S REPORT(2) Page: 1
JOURNAL ENTRIES(JE) Feb 26,2019 02:13PM
Period:1/31/2019(01/19)
Report Criteria:
Journal Code.Journal Code=JE
Transaction.GL Account=90110900000
Reference Account Debit Credit
Date Number Payee or Description Number Account Title Amount Amount
JE
01/31/2019 5 TAX INSTALLMENT 1/25/19 901-10900-000 INVESTMENTS-AT PAR 72,879.65
01/18/2019 6 WF 19-01 Purchase INV-TBK 901-10900-000 INVESTMENTS-AT PAR 245,000.00
01/22/2019 6 WF 17-12 INV Matured-LCA Bk 901-10900-000 INVESTMENTS-AT PAR 245,000.00-
01/22/2019 6 WF Purchase WF MM 901-10900-000 INVESTMENTS-AT PAR 246,872.74
01/22/2019 6 WF 17-14 INV Matured-United Bank 901-10900-000 INVESTMENTS-AT PAR 245,000.00-
01/22/2019 6 WF Purchase WF MM 901-10900-000 INVESTMENTS-AT PAR 245,322.19
01/23/2019 6 UBS 15-02 INV Matured-Capital One 901-10900-000 INVESTMENTS-AT PAR 240,000.00-
01/23/2019 6 WF Purchase WF MM 901-10900-000 INVESTMENTS-AT PAR 241,875.29
01/25/2019 6 WF 19-02 Purchase INV-Iberia 901-10900-000 INVESTMENTS-AT PAR 245,000.00
01/31/2019 6 SB Purchase SB MM 901-10900-000 INVESTMENTS-AT PAR 239.29
01/31/2019 6 WF Purchase WF MM 901-10900-000 INVESTMENTS-AT PAR 36,099.06
01/31/2019 6 WF Sale of WF Funds 901-10900-000 INVESTMENTS-AT PAR 490,000.00-
01/31/2019 6 Interest on MM 901-10900-000 INVESTMENTS-AT PAR 2,162.83
Grand Totals:
1,335,451.05 1.220,000.00-
City of Oak Park Heights
Bills Presented for Payment February 26,2019
Gross Payroll with PERA, FICA, and Medicare
City Administration:
Full-Time
2-28-19 11,514.79
Finance:
Full-Time
2-28-19 8,591.14
Police Department:
Full-Time
2-28-19 49,805.39
Building Inspection Department:
Full-Time
2-28-19 4,239.21
Public Works-Street Maint.Department:
Full-Time
2-28-19 1,292.09
Park and Recreation Department:
Full-Time
2-28-19 1,420.71
Part-Time
1-16-19 2,463.03
Utility Accounts
Water Department
Full-Time
2-28-19 9,040.96
Sewer Department
Full-Time
2-28-19 5,810.72
Storm Sewer Department
Full-Time
2-28-19 1,111.01
Total Utility Funds 15,962.69
Total Payroll $ 95,289.05
Oak Park Heights
Request for Council Action
Meeting Date March 60' 2019
Time Required: 5 Minutes
Agenda Item Title: A rove Final Pa#15Q UkIlmeth& Sons—Sunn side Lift Station
Agenda Placement New B Zess
Originating Departmen uestor: hnson Cily Administrator
Requester's Signature
Action Requested Discussi ossible Action
Background/Justification(P a indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached memo from Andy Kegley,DPW.
Staff is seeking the approval of the final payment to Lametti & Sons for the Sunnyside lift station improvement
projects.The final amount is$41,466.67.
City of Oak Park Heights
14168 Oak Park Blvd N.•Oak Perk Heights,MN 55082•Phone(651)439-4439.Fax 439-0574
Memorandum
TO: Eric Johnson,Administrator
Com; Mayor and Council
Fn= Andrew Kegley, Public Works Director
Date: 039W019
Rei Sunnyside Lift Station Underperformance—Additional Project Cost Sharing
After the September 9, 2018 startup of the new Sunnyside lift station, P.W. staff discovered
that the Sunnyside lift station pumps had longer run times, meaning they were pumping
longer than the previous station pumps. The station SCADA system was also frequently
alarming that the pumps were running too long. This led staff to question why new and more
efficient pumps were taking longer to pump than those from the late 1960's or early 1970's.
P.W. staff investigated but did not find any obvious explanations. Having no reasonable
explanation for pump underperformance, OPH public works staff executed drawdown testing
to determine the station pumps flow rates. Initially, the flow rate of the pumps was
approximately 70 gallons per minute,far short of the specified 120 gallons per minute.
This discovery prompted a phone call to Stantec specifically to Tim Grinstead, the project
manager for the Sunnyside lift station replacement project. City staff reported the scenario
and provided drawdown data to Tim G of Stantec. He and Mark Rolfs of Stantec immediately
started looking for solutions to the issue.After months of rechecking calculations, resurveying
the site and performing field tests,there was still no valid explanation as to why the flow rate
of the pumps fell far short of the specification. This caused Tim of Stantec to reach out to the
general contractor Lametti and the pump contractor Electric Pump.
Tim organized to have Electric Pump pull the pumps and install larger diameter impellers on
the pumps with the City's approval. It was during a drawdown test with the new larger
Impellers that OPH P.W. staff noticed that the check valves in the station were sticking both
open and closed. After discovering this, P.W. staff manually held the check valves open and
the flow rate was improved significantly enough to meet the specified flow rate.
Stantec contacted Lametti, who required the check valve manufacturer to inspect and repair
the faulty check valves. As of 3/6/2019 one check valve requires attention, that repair work is
schedule for Friday 3/8/19. At a follow up meeting between Stantec, Lametti and City staff, it
was agreed upon that Stantec' s added expense for trouble shooting the inadequate flow
rate, and the cost of the larger impellers will be split in equally in thirds between Oak Park
Heights,Stantec and Lametti,and is estimated to be$11,349.99. or 3,783.33 each.
2
Owner: City of Oak Park Heights,PO Box 2007,Oak Park Heights,MN 55082 Date: March 4,2019
StanteC For Period: 09/30/2018 to 3/4/2019 Request No: 5-Final
Contractor. Lameti&Sons,Inc., 16028 Forest Blvd.N.,PO Box 477,Hugo,MN 55038
CONTRACTOR'S REQUEST FOR PAYMENT
2018 SUNNYSIDE SANITARY LIFT STATION REPLACEMENT
STANTEC PROJECT NO. 193803929
SUMMARY
I Original Contract Amount $ 525,000.00
2 Change Order-Addition $ 0.00
3 Change Order-Deduction $ -0.00-
4 Revised Contract Amount $ 525,000.00
5 Value Completed to Date $ 525,000.00
6 Material on Hand $ 0.00
7 Amount Earned $ 525,000.00
8 Less Retainage final $ 3,783.33
9 Subtotc ##### $ 521,216.67
10 Less Amount Paid Previously $ 479,750.00
11 Liquidated damages- $ 0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 5-Final $ 41,466.67
Recommended for Approval by:
STANTEC
L C
Approved by Contractor. Approved by Owner:
LAM &SONS,INC. CITY OF OAK PARK HEIGHTS
Specified Contract Completion Date: Date:
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PROJECT PAYMENT STATUS ##
OWNER CITY OF OAK PARK HEIGHTS
STANTEC PROJECT NO. 193803929
CONTRACTOR LAMETTI &SONS, INC.
i
CHANGE ORDERS
No. Date Description Amount
Total Change Orders
PAYMENT SUMMARY
No. From To Payment Retainage Completed
1 02/27/2018 06/30/2018 31,160.00 1,640.00 32,800.00
2 06/30/2018 07/31/2018 216,782.88 13,049.63 260,992.50
3 07/31/2018 08/31/2018 171,333.21 22,067.16 441,343.25
4
08/31/2018 09/30/2018 final 25,250.00 444,526.09
5-Final 09/30/2018 103/04/20191 41,466.67 3,783.33 525,000.00
Material on Hand
Total Payment to Date $460,742.76 Original Contract $525,000.00
Retainage Pay No. 5-Final 3,783.33 Change Orders
Total Amount Earned $464,526.09 Revised Contract
$525,000.00
193603928-REQ5-F1na1.)dsm
31011
�I
March 4,2019
Eric Johnson, City Administrator
City of Oak Park Heights
RE: Response to Request for Proposals for Provision of Lobbying Services for Norell
Ave/STH 36 Frontage Road Realignment
Via Email Only
Dear Mr. Johnson:
Thank you for the opportunity to respond to the City of Oak Park Heights's Request for
Proposals for Provision of Lobbying Services for Norell Ave/STH 36 Frontage Road
Realignment.
Messerli Kramer has been serving local units of government,businesses,and other government
relations clients for fifty-three years. As part of a mid-sized law firm of 60 lawyers,our seven-
person government relations team is one of the largest and most respected in Minnesota. Our
team of seven lobbyists are located steps away from the State Capitol and bring substantial
experience,expertise, and relationships necessary to advance the City's interests with the
Legislative and Executive Branch.
Patrick Hynes and Katy Sen would serve as the City's lobbyists under this contract,although
Messerli Kramer always employs a team approach to lobbying for our clients,which means that
the entire resources of our St. Paul team would be available if necessary. This allows us to
maximize the experience of each team member to the advantage of our clients.
i
Enclosed,please find the following in response to the RFQ:
• Summary Information about the Firm and Lobbyists
o Patrick J. Hynes
o Katy B. Sen
• Two municipal references
o George Tourville,Mayor,Inver Grove Heights
o Denny Laufenberger,Former Mayor, Chanhassen
• List of other clients on whose behalf Messerli Kramer performs similar work
• Summary of strategic engagement for the 2019 legislative session
• Complete list of Messerli Kramer 2019 clients and conflict of interest policy
• Proposed Rates, Fees, and Reimbursables
Please do not hesitate to contact us if you have any questions or need additional information. We
look forward to talking with you further.
Si*J. es
Patrick Katy B. en
32954.1
i
I
Oak Park Heights Request for Proposal (Norell Ave/STH 36)
Messerli Kramer Personnel
Messerli&Kramer has been serving local units of government, businesses, and other
government relations clients for fifty-three years. As part of a mid-sized law firm of 60 lawyers,
our seven-person government relations team is one of the largest and most respected in
Minnesota. Our team of seven lobbyists are located steps away from the State Capitol and bring
substantial experience, expertise, and relationships necessary to advance the City's interests with
the Legislative and Executive Branch.
Patrick J.Hynes,Attorney
Patrick Hynes joined Messerli &Kramer,P.A.in 2015 after serving as Intergovernmental
Relations Counsel at the League of Minnesota Cities for over four years. During his time at the
League Patrick represented the interests of over 800 cities at the Legislature and was called to the
testimony table dozens of times to explain the potential impact of legislation on cities.
Patrick has also represented the Municipal Legislative Commission,a coalition of 17 suburban
cities that advocate for their communities on issues related to property taxes and local fiscal
policies. Patrick represented Dakota County,the Dakota County CDA, and currently represents
the cities of Inver Grove Heights and Chanhassen. Patrick is keenly aware of the unique
responsibilities and obligations that cities have to their citizens and legislators, including
compliance with the Open Meeting Law and the Data Practices Act.
Patrick served as a staff person in the Minnesota Senate from 1998-2003, including as
Committee Administrator for the Environment and Natural Resources Policy and Finance
Committees, and as an advisor to the Senate Majority Leader.
First and foremost, Patrick is a zealous advocate for the interests of his clients,whether it is a
local unit of government, Fortune 500 company,or non-profit organization. Patrick's recent
accomplishments include:
• Working with a metropolitan county to secure passage of a multi-million dollar capital
investment project.
• Spearheading the creation of a new Workforce Housing Program at the Department of
Economic Development to assist cities in Greater Minnesota develop market-rate,
workforce housing to support job growth.
• Representing a group of Minnesota businesses as part of a coalition of organizations to
pass a bipartisan law curbing abusive lawsuits under the Minnesota Human Rights Act
and Americans with Disabilities Act.
• Securing passage of legislation on behalf of the North American Council on Adoptable
Children that strengthened Minnesota's commitment to families who adopt children.
Katy B. Sen, Lobbyist
Katy Sen brings a decade of legislative and executive branch experience to the areas of tax
policy, bonding,transportation, and state and local government issues. Prior to joining Messerli
Kramer, Katy served as Deputy Chief of Staff for Governor Mark Dayton, where she oversaw
development of the Governor's biennial and capital budgets;provided strategic and policy
advice; and coordinated with federal representatives in Washington on a variety of issues. Katy
also served as the director of Research in the House of Representatives DFL caucus,providing
legislative guidance on issues ranging from transportation, economic development,health and
human services, energy and education for the state.
Since joining Messerli Kramer Katy has represented numerous local governments including the
cities of Bloomington, Edina, St. Paul, Chanhassen, and Inver Grove Heights. Katy also
represents the Municipal Legislative Commission, a coalition of 17 suburban cities that advocate
for their communities on issues related to property taxes and local fiscal policies. Katy's recent
accomplishments include:
• Representing the City of Bloomington in securing $8.75 million for the Mall of America
Transit Station.
• Representing a non-profit community health center in securing$2.2 million in funding
for capital improvements.
• Representing a suburban city in securing $1 million for improvements to a highly utilized
local road.
• Representing a diverse group of stakeholders in securing funding to help victims of sex
trafficking.
Municipal References
• George Tourville,Mayor, Inver Grove Heights
• Denny Laufenberger, Former Mayor, Chanhassen
Other Bonding Clients
The following clients represented by Messerli Kramer are seeking state funds for capital projects
during the 2019 legislative session. A complete list of all of Messerli Kramer's 2019 government
relations clients is attached, as is our policy related to conflicts of interest.
• City of Chanhassen: Lyman Boulevard reconstruction
• City of St. Paul: 7th Street Bridge
• Minnesota Zoo: Asset preservation and public exhibits
• Catholic Charities: Housing bonds
• Artspace: Performing arts center
• Minnesota Regional Railroads: Minnesota Rail Service Improvement Program
32955.1
Oak Park Heights Request for Proposal (Norell Ave/STH 36)
Messerli Kramer Strateeic Summary
The City of Oak Park Heights has already begun the initial work needed to request that the
Legislature appropriate bond funds in the amount of$794,392 to fully fund the$2,232,784
needed for the project. The City has committed to a 50%match and has received commitments
from Senator Karin Housley and Rep. Shelly Christensen to author the legislation.
The legislative session is not two months old and it is imperative to proceed quickly if the City is
to be successful at the Legislature. While committee deadlines do not apply to the Bonding
Committees,the first committee deadline is in less than two weeks, which means that time is at a
premium. The bill should be jacketed(i.e.,prepared for formal introduction) immediately is it is
not done already and introduced.
Messerli Kramer will need to schedule an initial meeting with city staff to review the project in
more detail and jointly develop our strategy. The broad outline of a legislative strategy is below:
Meet with Local Legislators
• Meet with local legislators to describe the project before meeting with other legislators or
the Governor's office.
o Rep. Christensen(Chief Author)
o Senator Housley(Chief Author)
• Ensure that both bill authors formally request hearings
• Request that local legislators speak to the Capital Investment Chairs in their respective
body about the importance of the project. These meetings between legislators, formal or
informal, or critically important to success.
Meet with Capital Investment Chairs,Leads, and Capital Investment Staff
• House Bonding Chair Rep. Mary Murphy
• House Republican Bonding Lead Rep. Dean Urdahl
• Senate Bonding Chair Senator David Senjem
• Senate DFL Bonding Lead Senator Sandy Pappas
Meet with the Governor's Office Staff
• Meet with the Governor's Policy Advisor for Bonding(the Governor's office is in the
process of hiring a new staff person)
Meet with other interested parties
• Meet with MnDOT legislative liaisons
• Meet with House Transportation Committee staff
Prepare for legislative hearings
• Work with city staff to prepare straight-forward, compelling testimony for committee
hearings, including the identification of who will speak on behalf of the city.
• Determine whether local organizations who are supportive of the project(e.g., local
chamber of commerce, Washington County, etc.)will draft letters of support to distribute
at the hearing.
• Work with legislative staff to ensure that the language in the bill is correct and to assist
with any amendments that may be needed.
Monitor Progress of Bonding Bills throughout session
Governor Walz has presented the Legislature with a bonding package of approximately$1.3
billion. The Democrats controlling the House of Representatives are generally supportive of a
bonding bill, while the Republican leadership have thus far indicated opposition. Because a
bonding bill requires a 60% supermajority to pass, there must be some support from individual
Republican members. Republicans controlling the Senate have also indicated hesitance about
passing a bonding bill during the session and it is unclear whether they will ultimately put
together a sizeable bonding bill up for a vote.
As we monitor the progress of both bonding bills our strategy will take into account the politics
of passage, and we will work with the city and bill authors to maximize the opportunity for a
bonding bill that contains the City's proposal.
Messerli Kramer Proposed Rates/Fees/Reimbursables
For this work Messerli Kramer proposes a monthly retainer of$6,500 for the months of March—
June for a total amount of$26,000. This amount includes all Messerli Kramer costs, expenses,
and reimbursables.
32956.1
2019 Government Relations Clients
Abbott Laboratories Minnesota Defense Lawyers Association
American Council of Engineering Companies of Minnesota Minnesota District Judges Association
Aflac Minnesota Medical Group Management Association
AIG
Minnesota Newspaper Association
Alliance of Automobile Manufacturers
Minnesota Oncology
Animal Humane Society
Minnesota Regional Railroads Association
Apple
Minnesota Society of Certified Public Accountants
Artspace
Minnesota Society of Professional Engineers
Association of Dental Support Organizations
Minnesota Twins
Canterbury Park
Minnesota Urban County Attorneys
Catholic Charities
Minnesota Valley Transit Authority
Center for Diagnostic Imaging
Minnesota Zoo
City of Bloomington
Minnesotans for Lawsuit Reform
City of Chanhassen
Municipal Legislative Commission
City of Edina
North American Council on Adoptable Children
City of Inver Grove Heights
Oracle
City of Minnetonka
Otter Tail Power Company
City of St.Paul
Pearson Education
Community Associations Institute
Pediatric Home Service
Consumer Data Industry Association
Randy's Sanitation
CVS Health
Restoration Hardware
Delaware North
Safe Passage for Children of Minnesota
Diageo North America
SHI International Corp.
Ecolab
Signature Flight Support
Family Tree Clinic
Smart Start MN
Friends of White Bear Lake
StorageMart
Hennepin County
Suburban Transit Associatiori
Hennepin County Regional Railroad Authority
Takeda Pharmaceuticals
1-494 Corridor Commission
Twin Cities Orthopedics
Insurance Auto Auctions
US Bancorp
Minnesota Ambulatory Surgery Center Association
Volunteers of America—National and Minnesota
Minnesota Community Measurement
Washburn Center for Children
Minnesota County Attorneys Association
Messedi & Kramer P.A. is aware that conflicts between clients can negatively impact their
legislative programs. We assume the responsibility to examine the issues presented by any
potential client for conflict with existing client legislative initiatives. To that end, we have
developed a Conflicts of Interest Policy which we include as part of all client representation
agreements. It is our belief that most conflicts can be avoided through a commitment to early
identification of issues and by notification of clients.
Conflicts of Interest Policy
Messedi & Kramer P.A. has an affirmative obligation to promptly detect and immediately report
any potential conflict between the legislative objectives of its clients. Legislative clients also have
an affirmative responsibility to detect potential conflicts and notify Messedi & Kramer P.A.
regarding them. A conflict of interest will be deemed to exist whenever either a legislative client or
the firm determines there is a conflict. Prospective clients are advised to review the
aforementioned firm profile of current clients.
We make every attempt to identify any potential conflict of interest with existing clients prior to
being retained by a new legislative client. This process includes a full discussion within our
Government Relations Department and disclosure of the potential conflict issues to existing
legislative clients who may be affected. If any significant conflict becomes apparent that cannot
be resolved at this stage,the firm will decline the new representation absent client consent.
If a conflict of interest arises between two or more existing legislative clients, the following
guidelines will apply:
1. An attempt will be made to resolve or compromise the conflict between the clients. A
compromise must be agreed to by all affected clients.
2. If a client elects to withdraw the conflicting issue from its legislative program, the conflict
of interest will be considered resolved.
3. If the conflict is not resolved by a client's withdrawal of the issue or mutual compromise
of the conflicting points of view, Messerli & Kramer P.A. must withdraw from
representation of all clients on that particular legislative issue. Messerli & Kramer P.A.
will contact appropriate parties to explain the conflict and the firm's withdrawal from the
issue.
4. The client, with the firm's assistance, will be responsible for making their own
arrangements for legislative representation on the issue giving rise to the conflict and
withdrawal. Messerli & Kramer P.A. will renegotiate any retainer or contract agreement
with an affected client to reflect the withdrawal.
5. If a pattern of conflicts develops between legislative clients, the Firm will evaluate the 1
situation with the affected clients. The Firm will cease representation as necessary to j
eliminate any continuing conflict of interest and will explain the withdrawal to all affected
parties.
32017.1
I
• � r
. r .
State Government Relations Proposal
City of Oak Park Heights
March, 2019
F
LO C K R TT l D G E MINNEAPOLIS WASHINGTON,D.C. BISMARCK
GRI�"�DAL Suite 2200 Suite 210 Suite 200
11) 100 Washington Ave S. 415 Second Street,N.E. 1815 Schafer Street
N-A-U- *j Minneapolis,MN 55401 Washington,D.C.20002 Bismarck,ND 58501
EN T 612.339.6900 T 202.544.9840 T 701.793.7134
P, L , L. P. F 612.339.0981
Attorneys at Law
March, 2019
City Administrator Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N.
Oak Park Heights, Mn. 55302
Re: Lockridge Grindal Nauen State Government Relations Proposal
Dear City Administrator Johnson,
Thank you for the opportunity to present the following proposal for state government
relations services for the City of Oak Park Heights. We would be honored to work with
you and your team.
We at Lockridge Grindal Nauen (LGN) have the highest regard for the City of Oak Park
Heights, its City Staff and the Oak Park Heights Mayor and City Council and we would
enjoy representing you at the Minnesota State Capitol. We are proud of our track record
in assisting local governments. We know we have the comprehensive state lobbying
experience and track record to assist you.
We hope to have the opportunity to work in partnership with the City of Oak Park
Heights to achieve the City's legislative goals.
Sincerely,
Ann Lenczewski Rebecca Kanninen
State Government Relations Partner
LGN Overview
On behalf of the entire Government Relations team at Lockridge Grindal Nauen, thank you for
the opportunity to present the following proposal to provide legislative services for the City of
Oak Park Heights.We have a high opinion of the City of Oak Park Heights and it would be an
honor to assist you.
At LGN, we take a team approach to state lobbying and our deep bench will bring strong results
for the City of Oak Park Heights. We have the expertise, comprehensive knowledge of the
legislative process, and superior working relationships with decision-makers to deliver for the
City of Oak Park Heights.
We provide successful state lobbying services for our clients and we particularly enjoy working
hard for the needs of local governments. Our team approach, our subject matter expertise in
local government issues, and our strategic capabilities are unmatched at the Minnesota State
Capitol.
We are eager to work with you and believe our bipartisan team is an excellent fit for advancing
the needs of the City of Oak Park Heights at the Minnesota State Capitol.
li
City 1 Oak Park Heights Approach
I
LGN hopes to earn your support to deliver state lobbying services for capital investment
funding for street and highway intersection improvements for the City of Oak Park Heights.
LGN will provide legislative coverage of House and Senate Committees and report to City
Administrator Johnson. We will track all significant activities in both legislative bodies and the
Governor's office that impact the bonding priorities of the City of Oak Park Heights. We will
take all necessary steps to position the City of Oak Park Heights for success.
Additionally, LGN will work with the legislators who represent Oak Park Heights. At the
direction of City Administrator Johnson, LGN will work to advance the City of Oak Park
Heights' Norell Avenue/STH 36 Frontage Road realignment bonding project. If requested,we
will attend Oak Park Heights City Council meetings to provide the City Council with legislative
updates.
LGN State Lobbying • •
LGN works hard to provide exceptional, professional state lobbying services. We are proud of
our high-quality, on-time work.We have successfully passed into law numerous capital
investment/bonding requests for municipalities. We know how to work effectively with
legislators and the Governor's office to pass your legislative agenda and to defeat threats.
We propose using a team approach to achieve success for the City of Oak Park Heights. We will
work with you to understand which elements of your bonding request require short,medium
and long-term attention.We will work closely with City Administrator Johnson and the staff
members he designates. We will call on our entire LGN state team as needed to accomplish your
agenda.
Our state lobbyists superbly cover all the bases at the Minnesota State Capitol.We excel at
understanding the"black box' of the Minnesota Legislature, the Governor's Office, state
agencies and legislative staff. Our deep relationships across the entire political spectrum and our
command of legislative strategy will advance the bonding priorities for the City of Oak Park
Heights.
PROPOSED FEE
At LGN,we are sensitive to the concerns of local governments and municipal budgets.
We have attempted to adjust our fees accordingly. We propose a $20,000 fee for 2019 for
the City of Oak Park Heights to engage LGN for state lobbying s ices for capital
investment/bonding funding at the Minnesota State Capitol.
Our fee schedules are structured to achieve maximum value for lients. LGN strives to
develop cost-effective,long-term relationships with satisfied cli ts. Please do not
hesitate to contact us with questions or to discuss our proposed ee.
i
i
ii
f
a�
State Government Relations Group
THEODOREH. DA
Ted Grindal is the Partner in Charge of Lockridge Grindal Naueri s (LGN) government
relations practice. For over the past 30 years, he has led Minnesota's largest and premiere
government relations team with offices in Minnesota, North Dakota,and Washington, D.C.
offering state government relations,federal government relations,local government
relations and communications and grassroots advocacy services to corporations,trade
associations, municipalities, and non-profit organizations and associations.
Under Mr. Grindal's leadership, LGN's seasoned and politically-diverse government
relations team has built its reputation for being knowledgeable,trustworthy,and politically
savvy. Mr. Grindal focuses on strong,long-term personal connections with lawmakers and
staff and leverages those for a successful record in helping shape clients' industry-specific
objectives with government relations and public affairs strategies.
Mr. Grindal has been recognized as one of Minnesota's top eight lobbyists by the
Minneapolis Star Tribune and also named one of the 10 most influential lobbyists in
Minnesota by Minneapolis-based CityPages. In addition,he has been honored by inclusion
in The Best Lawyers in America for health care law and has been named a"Super Lawyer' by
the Minnesota Law &Politics for government relations for numerous years. He was also
selected by Minnesota attorneys for the Guidebook of Law and Leading Attorneys in
Minnesota for health care and government relations. He has been named by Minnesota
Physician as one of Minnesota's "100 Most Influential Health Care Leaders" several times. In
2016,he was named by Twin Cities Business Magazine as one of 100"People to Know" in
Minnesota.
Mr. Grindal belongs to the Minnesota Government Relations Council, the American Health
Lawyers Association, and the American Society of Medical Association Counsel. He
currently serves on the board of directors of the Minnesota Private College Council and the
Board of Governors of the Minikhada Club. Previously,he served on board of regents for
Augsburg College,and chaired that board for two years. In addition, he served on the board
of directors of the Evangelical Lutheran Good Samaritan Society and chaired the board for
two years. He has also served on the boards of the Minnesota Center for Arts Education, the
International Hearing Foundation,The Minikanda Club, Prairie Lutheran Church Council,
and the Norwegian American Historical Association.
After graduating from the University of Minnesota Law School, Mr. Grindal served in the
Minnesota Attorney General's office as a Special Assistant Attorney General before joining
Lockridge Grindal Nauen. He lives in Minneapolis with his wife and has two grown sons.
i
State Government Relations Group
i
REBECCA J. KANNINEN
F,-
Ms. Kanninen leads the firms Minnesota-based lobbying team as Partner in Charge of
State Government Affairs. With more than 18 years of government relations experience
at LGN, she is known at the Minnesota State Capitol as a leader and bipartisan political
strategist who is well-respected for her thoughtful approach to positively position the
firm's clients for success.
As partner at LGN, she advises some of the state's largest corporations and trade
associations on reputation management, political profile, government relations services
and public affairs campaigns. Ms. Kanninen manages her practice area's business
development plans and strategies to provide comprehensive services to clients. Her
government relations work focuses on the areas of energy,telecommunications,
technology,insurance, general business, labor management, and election law, and has
translated into many successful policy initiatives on behalf of the firm's clients. Her legal
practice focuses on campaign finance and election law.
I
Prior to joining LGN in 1999, she gained considerable knowledge of the legislative
process and participants working as committee staff in the Minnesota State Senate and
the Wisconsin State Legislature.
Ms. Kanninen was named one of the top 50 Women in Business by the Minneapolis/St.
Paul Business Journal in 2014. She currently serves on the St. Paul Chamber of
Commerce PAC board,the William Mitchell Alumni board and is a long-time member
of the Minnesota Government Relations Council and the Public Affairs Council. She is
active in supporting the Minnesota's art community and mentoring young professions
interested in Government Affairs as part of the William Mitchell College of Law mentor-
mentee program.
She received a B.A. in English from the University of Wisconsin-Madison, a J.D. from
William Mitchell College of Law, and was admitted to practice law in Minnesota in 2013.
W
State Government Relations Group
as ,
DANIEL G. LARSON
Dan Larson is the Director of State and Local Government Affairs at Lockridge Grindal
Nauen. Mr. Larson provides leadership, management, and oversight of the firm's state
government relations team,which is one of the largest and most politically diverse in
Minnesota.
Mr. Larson has 13 years with the firm and is an expert in strategic advocacy and the legislative
process. He brings over 30 years of experience in government,civic participation, and politics.
He demonstrates a keen understanding of taxes, public health, technology,economic
development,labor, pensions, and issues faced by tribal governments.
Prior to joining the firm, Mr. Larson served as a member of the Minnesota Legislature for 10
years. He was first elected in 1998 and served stints in both the Minnesota House and Senate.
His tenure in the legislature included leadership roles on the Senate Taxes Committee,
Subcommittee on Elections, and the House Transportation Committee. In addition, Mr.
Larson served on the Legislative Audit Commission, the Legislative Commission on Pensions
and Retirement,and was a member of the Minnesota Amateur Sports Commission.
Mr. Larson has close working relationships with members of the legislature, the Governor's
office and administration, as well as city and county officials. Mr. Larson represents two of the
largest tribes in the state of Minnesota and has successfully lobbied for tribe-specific
initiatives. He also has extensive experience working on behalf of building trades unions.
In 2016, Mr. Larson became certified as a White Belt in Legal Lean Sigma and Project
Management. He is interested topics like leadership development, process improvement and
innovative approaches to project management. Frameworks that integrate unparalleled
teamwork and communication in pursuit of developing best practices and increased
efficiencies for clients.
Additionally, Mr. Larson is a former member of the American Cancer Society Leadership
Board for Minnesota. As a cancer survivor,he was the inspiration for the creation of the Anti-
Cancer Caucus and laid the foundation for its success. Mr. Larson has also been formally
recognized by the public health community for his work on anti-smoking efforts in the state.
Oak Park Heights
Request for Council Action
Meeting Date March 6", 2019
Time Required: 5 Minutes
Agenda Item Title: Rid ecrest Devel n L d Exchange
Agenda Placement New Busin s
Originating Department/Re stor: c Jolu son Cit A ;,strator
Requester's Signature
Action Requested Disc on PoiZble Action
Background/Justification(Please in Cate if any previous action has been taken or if other public
bodies have advised):
RIDGECREST OAK PARK HEIGHTS
Consistent with the October 2018 Developer's Agreement
signed between the City and Ridgecrest Oak Park heights
LLC there is a planned land exchange - See Part 6.1.3. _
(below). �r-.a :.- ---
The City will be releasing the lands,just south of OUTLOT A -`-i
- highlighted in RED. In return, the City will be receiving 4 --T —
OUTLOT B. This exchange is to happen via QUIT CLAIM
DEEDS between the entities and DRAFTS are enclosed.
Staff is requesting the further authorization to implement , a
this exchange upon the final review and approval of the
City Attorney of any documents or agreements.
3. The City and Developer shall enter into any separate
purchase agents and execute quit claim deeds needed to r
rcrn
effectuate these transfers. ; r -- -----------
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FW 3 ail mmnesm Untfonn Comeyancbm Blanks Form 103.5
EXHIBIT "A"
Outlots A and B,Ridgecrest Oak Park Heights,Washington County,Minnesota.
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(Top 3 inches reserved for recording data)
QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks
Business Entity to Business Entity Form 10.3.5(2013)
eCRV number:
^'S
DEED TAX DUE: $1.65 DATE: March 2 i f
FOR VALUABLE CONSIDERATION,City of Oak Park Heights a municipal corporation under tb llCws innesota("Graptorl%
hereby conveys and quitclaims to Ridgecrest Oak Park Heights I LLC,a Limited Liability Company ulfderthe laws of Minnesota
( Grantee },real property in Washington County,Minnesota,legally described as follows:
See Attached Legal Description
Check here if all or part of the described real property is Registered(Torrens)
together with all hereditaments and appurtenances belonging thereto.
Total Consideration of less than$500.00.
Check the applicable boat: Grantor
® The Seller certifies that the seller does not know of any wells
on the described real property. City of Oak Park Heights,a
❑ A well disclosure certificate accompanies this document or Municipal corporation
has been electronically filed.(If electronically filed,insert
WDC number: .) By:
❑ I am familiar with the property described in this instrument Its:
and I certify that the status and number of wells on the
described real property have not changed since the last
previously filed well disclosure certificate.
P*I d2
Paw2 d2 Minnesota Uniform Conveyancing Blanks Form 1035
I
State of Minnesota,County of
This instrument was acknowledged before me on day of March,2019,by as
of City of Oak Park Heights,a municipal corporation under the laws of the State of Minnesota.
(Stamp) `a r
Signature of notarial officer
Title(and Rank)
My commission expires
THIS INSTRUMENT WAS DRAFTED BY: TAX STATEMENTS FOR THE REAL PROPERTY
DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT
TO:
Old Republic National Title Insurance Company Ridgecrest Oak Park Heights I LLC
Commercial Department Two Carlson Parkway Suite 220
400 2nd Avenue South Plymouth,MN 55447
Minneapolis.MN 55401
Phone:612-371-111 l
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Paw 3 of2 Mim sda Uniform Conveyancing Blm ks Form 10.3.5
EXHIBIT "A"
Lots 1 and 2,Block 1,Ridgecrest Oak Park Heights,Washington County,Minnesota.
fi
Oak Park Heights
Request for Council Action
t�
Meeting Date: March 11, 2019 Time Required: 1 min.
Agenda Item Title: Approve JPA for Fuel Contract 2019
Agenda Placement: Consent
Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature
Action Requested: JPA for Fuel Contract 2019 review and approval
Background/Justification:
Attached is the Joint Powers Agreement with Washington County for the police department to
continue to purchase fuel under the MN contract prices and utilizing the Washington County Sheriff s
office pumps.
This year's bid price will be$1.68 per gallon. With the contract we lock in the price for the entire
year. We do not have the option of using the contract price when it is lower and then not when the
pump price is lower. The commitment is an averaged expected yearlong price speculated on the ups
and downs seen at the pump. We commit to 750 gallons per month usage in which we use this as a
minimum averaged out over the last several years history participating in the state fuel contract.
This was verbally presented to Administrator Johnson and Finance Director Caruso who both
recommended entering into the contract.
Approval of the contract in the past has provided savings in the years since I started participation in the
program. It would be reasonably expected to again save money given the average ups and downs
during a normal year to again save the city money over commercial yearly pay at the pump prices. No
guarantees.
Washington office of the Sheriff
County
Commitment to Exceflence .;
Dan Start'
Sheriff
Brian R.Mueller
Chief Deputy
February 26, 2019
_Oak Park Heights Police Department
14168 Oak Park Blvd. North
Oak Park Heights, MN 55082
I have enclosed two Joint Powers Agreements with the Washington County Sheriff s Office.
.Please review and have the authorized parties sign. You can return to the address below. I will
complete the final execution process and mail an original executed copy back.
Contact me with any questions or concerns.
S' cerely,
Ronda Anderson
Washington County Sheriffs Office
1501562"d Street North
PO Box 3801
Stillwater, MN 55082
Phone: 651-430-7979
-Email: ronda.anderson@co.washington.mn.us
Law Enforcement Center - 15015 62nd Street North—P.O. Box 3801, Stillwater,Minnesota 55082-3801
Phone: 651-430-7600 • Fax: 651-430-7603 - TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
WASHINGTO
Contrio
Dent.
Div I
Term —
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriffs Office (hereinafter"Provider") and the City of Oak Park Heights
-Minnesota, a municipal corporation, by and through its City Police Department (hereinafter
referred to as the "City") are the parties to this agreement.
WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2019
through January 31, 2020 Mansfield contract 77451 —2019 Fixed Fuel Program for Metro
-participants, whereby the Provider has agreed to purchase through a cooperative purchasing
agreement, a total of 184,200 gallons -87 octane gasoline from February 01, 2019 through
January 31, 2020. Specifically, 13,200 gallons per month for the months of February, March,
November, December, and January 2020, 15,000 gallons in October and 17,200 gallons per
month for the months of April, May, June, July, August, and September.
WHEREAS, the Provider provides law enforcement services including but not limited to the
patrol and rescue operations that utilizes squad cars, SUVs, boats, hovercrafts, snowmobiles,
-ATVs and assorted gasoline run equipment pursuant to the police powers and law enforcement
authority granted under the laws of the State of Minnesota as a law enforcement agency.
WHEREAS, the City is in need of procuring 750 gallons of gasoline each month to operate its
squad cars and SUVs to provide law enforcement services pursuant to the police powers and
law enforcement authority granted under the laws of the State of Minnesota as a law
enforcement agency.
WHEREAS, at the request of the City, the Provider is willing to provide gasoline to the extent as
identified in this Agreement to the City to assist the City with law enforcement services.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
_shall derive hereby the Provider and City agree to the following terms and conditions:
v
CITY'S RESPONSIBILITIES
1. When needed for the City's daily operation of squad cars and SUVs, the City may have
access to the Provider's gasoline pumps located at the LEC 15015 62nd Street, Stillwater
MN.
2. The City's access to Providers gasoline pumps shall be through electronic access issued
to each squad and officer that is employed by the City.
3. Any City law enforcement officer acting under this agreement is considered to be acting
in the ordinary course of his or her employment with the City.
4. Any City law enforcement officer acting under this agreement shall continue to be
covered by his or her employment agency for the purpose of worker's compensation,
unemployment insurance, disability and any other employee benefits and for civil liability
purposes.
5. No City law enforcement officer acting under this agreement may be considered for
liability purposes as an employee of Provider or agent of Provider, for his or her actions
regardless of the supervision or control over the officer's actions.
PROVIDER'S RESPONSIBILITIES
1. The Provider will purchase a total of up to 184,200 gallons -87 octane gasoline from
February 01, 2019 through January 31, 2020. Specifically, up to 13,200 gallons per
month for the months of February, March, November, December, and January 2020,
15,000 gallons in October and 17,200 gallons per month for the months of April, May,
June, July, August, and September.
2. Provider agrees that it will make available the amount of gasoline deemed necessary by
the City for the City's law enforcement usage at its pumps located at the LEC located at
1501562 nd Street, Stillwater MN.
3. The Provider will notify the City if there is any interruption in availability of gasoline at the
LEC pumps as reasonably soon as the Provider becomes aware and for what duration
of time. During any time of interruption the City is responsible to find and pay for its own
gasoline until such time that the availability of gasoline is restored at the pumps located
at the LEC.
4. The cost of gasoline to the City will be at the Provider's rate of$1.6836 per gallon plus
any applicable taxes and fees unless the total monthly gasoline usage is more than the
Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this
section.
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5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly
amount and the Provider obtains additional gasoline at a rate higher than $1.6836 per
gallon, the City will be responsible for reimbursing the Provider at the higher rate
charged to the Provider per gallon up to the amount of gasoline used by the City.
TERM OF AGREEMENT
I
The term of this agreement shall be from February 01, 2019 through January 31, 2020, the date
of the signature of the parties notwithstanding, unless earlier terminated as provided herein.
PAYMENT
_The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
INDEMNIFICATION
The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the Provider,
-its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the
negligent or willful acts or omissions of the City in the performance of this agreement.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the Provider, under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466.04 and as amended from time to time.
" 3. Worker's Compensation in statutory amount.
-Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract. Any policy obtained
and maintained under this clause shall provide that it shall not be cancelled, materially changed,
or not renewed without thirty days notice thereof to the Provider.
DATA PRACTICES
-All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy.
TERMINATION
-Provider or City may cancel this Agreement with or without cause at any time upon giving a 30
days written notice to the Washington County Sheriff or designee or the Oak Park Heights City
Police Chief, City Administrator or designee.
WASHINGTON COUNTY Oak Park Heights
BY: DATE: BY: DATE:
County Board Chair
BY: DATE:
County Administrator
BY: DATE:
Sheriff
Approv d to as form:
T �
Asst County Attorney
I
r
Q
Oak Park Heights
Request for Council Action
Meeting Date March 0h,2019
Time Required: 5 Minutes
Agenda Item Title:__ Consider SupWrt for Proposed Legislation: Recommended and Ordered
Values& Community Energy Transition Grants
Agenda Placement New Business
Originating Department/" or: McComber Mayor
Requester's Signature v
Action Requested Discussion,Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
I would like the City Council to consider the passage of resolutions for the two attached legislative
items. More information is pending form the Coalition of Utility Cities as of this time and will be
sent when received.
NOTE: As mentioned in the paragraph above, attached are two documents relative to
these bills - see the last two pages.
***1. A memo/letter to House Property /Tax Committee- from the Coalition of Utility
Cities - President Greg Pruszinske commenting on plant valuation and H.F. 424 -
RECOMMENDED AND ORDERED VALUES.
***2. A proposed resolution that outlines the City's support for the furtherance of SF
1888 and HF 1919 related to COMMUNITY ENERGY TRANSITION GRANTS.
Page 35 of 40
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02/14/19 08:38 am
HOUSE RESEARCH MC AHO 12-2
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1.1 A bill for an act
1.2 relating to taxation;state-assessed property;requiring the commissioner to issue
1.3 preliminary valuations by June 15;requiring the commissioner to provide an
1.4 explanatory statement for settlement of an appeal as well as notice of settlement
1.5 to affected counties;amending Minnesota Statutes 2018,sections 273.3711;
1.6 273.372,subdivisions 3,5.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1.Minnesota Statutes 2018,section 273.3711,is amended to read:
1.9 273.3711 RECOMMENDED AND ORDERED VALUES.
1.10 Forpurposes of sections 273.33,273.35,273.36,273.37,273.371,and 273.372,all
1.11 preliminary values not required to be listed and assessed by the commissioner of revenue
1.12 are recommended values.if the commissioner provides preliminary recommended values,
1.13 the values must be certified to the auditor of each county in which the property is located
1.14 on or before Augest-I June 15.If the commissioner determines that the certified
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1.15 recommended value is in error the commissioner may issue a corrected certification on or
1.16 before Aetebelr Au ust 1.The commissioner may correct errors that are merely clerical in
1.17 nature until December 31.
1.18 EFFECTIVE DATE.This section is effective upon final enactment
1.19 Sec.2.Minnesota Statutes 2018,section 273.372,subdivision 3,is amended to read:
1,20 Subd.3.Notice.Upon filing of any appeal in eecut under this section by a utility company
1.21 or railroad against the commissionerursuant to this section,
p the commissioner shall give
1.22 notice by fust class mail to each city and to the county auditor of each county where property
1.23 included in the petition is located.
Sec.2. 1
Page 36 of 40
02/14/19 08:38 am HOUSE RESEARCH MC AH012-2
2 1 Sec.3.Minnesota Statutes 2018,section 273.372,subdivision 5,is amended to read:
2 2 Subd.5.Agreement determining valuation. When it appears to be in the best
2.3 interest ofthe state,and affected local jurisdictions,the commissioner may settle any matter
2.4 under consideration regarding an appeal filed under this section.The agreement must be in
2.5 writing and signed by the commissioner and the company or the company's authorized
2.6 representative.The agreement is final and conclusive,and except upon a showing of fraud,
2.7 malfeasance,or misrepresentation of a material fact,the case may not be reopened as to the
2.8 matters agreed upon.
29 (b)Included in a final agreement reached under this subdivision,the commissioner must
2.10 state the basis upon which settlement is in the best interest of the state and affected local
2.11 jurisdictiuns.
2.12 (c)Within 10 days of reaching the final agreement described in this subdivision the
2.13 commissioner must provide a copy of the final written agreement to each city and to the
2.14 county auditor of each county and each city where property included in the 1 is located.
2.15 EFFECTIVE DATE.This section is effective on final enactment.
Sec.3. 2
Page 37 of 40
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01/31/19 01;46 pm HOUSE RESEARCH JF AS024
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E
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1.1 A bill for an act
1.2 relating to economic development;creating the community energy transition
1.3 competitive grant program;transferring money;creating an advisory council;
1.4 requiring reports;proposing coding for new law in Minnesota Statutes,chapter
t
1.5 116J.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1.11161551 COMMUNITY ENERGY TRANSITION GRANTS.
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IS Subdivision 1.Definitions.(a)For the purposes of this section,the following terms have
1.9 the meanings given.
1.10 (b)"Advisory council"means the Community Energy Transition Grant Advisory Council
1.11 created in this section.
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1.12 (c)"Commissioner"means the commissioner of employment and economic development.
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1.13 (,d)'Eligible community"means a county,municipality,or tribal government that hosts
1.14 an investor-owned electric generating plant powered by coal,nuclear energy,or natural gas.
1 15 Subd.2.Establishment.The commissioner shall establish a community energy transition
1.16 grant program to award grants to promote economic development in eligible communities.
1.17 Subd.3.Funding.(a)A community energy transition account is created in the special
1.18 revenue fund in the state treasury.Money in the account is appropriated to the commissioner
1.19 for grants as provided in this section and must be expended only as provided in this section.
1.20 (b)On July 1,2019,$15,000,000 is transferred from the renewable development account
1.21 under section I I6C.779 to the commissioner for deposit in the community energy transition
1.22 account.
Section 1. I
Page 38 of 40
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01/31/19 01:46 pm HOUSE RESEARCH JF AS024
2.1 (c)On July 1 2020,and on each July 1 thereafter,$10,000,000 is transferred from the
2.2 renewable development account under section 116C.779 to the commissioner for deposit
2.3 in the community energy transition account.This transfer must be made before any other
2.4 payments or transfers required under section 116C.779.
2.5 (d)Until July 1,2024,expenditures from the community energy transition account must
2.6 be less than$2,000,000 each fiscal year.
2.7 Subd.4.Grants to eligible communities.(a)The commissioner must award grants to
2.8 eligible communities through a competitive grant process,
2.9 (b)To receive grant funds,an eligible community must submit a written application to
10 the commissioner,using a fonn developed by the commissioner.
2.11 (c)The commissioner must consider the recommendations of the Community Energy
2.12 Transition Grant Advisory Council before selecting grant recipients.
2.13 (d)Grants must be used to plan for or address the economic and social impact on the
2.14 community of plant retirement or transition.Specific uses may include,but are not limited
2.15 to:
2.16 (1)research;
2.17 2planning;
2.18 3 studies;
2.19 (4)capital improvements;
2.20 (5)incentives for businesses to open,relocate,or expand;and
2.21 (6)lob training.
2.22 Subd.5.Advisory couneiL(a)By September 1,2019,the commissioner shall appoint
2.23 representatives to a Community Energy Transition Grant Advisory Council composed of
2.24 the following members:
2.25 (1)the commissioner of employment and economic development,or a designee;
2.26 (2)the commissioner of transportation,or a designee;
2.27 (3)the commissioner of the Minnesota Pollution Control Agency,or a designee;
2.28 (4)the commissioner of natural resources,or a designee;
2.29 (5)the commissioner of commerce,or a designee;
2.30 (6)the commissioner of administration,or a designee;
Section 1. 2
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01/31/19 01:46 pm HOUSE RESEARCH JF AS024
3.1 (7)one representative of the Prairie Island Indian community;
3.2 (8)two representatives of workers at investor-owned electric generating plants powered
3.3 by coal,nuclear energy,or natural gas;and
3.4 (9)four representatives of eligible communities,of which,two must be counties,two
3.5 must be municipalities,at least one must host a coal plant,and at least one must host a
3.6 nuclear plant.
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3.7 After the initial appointments,members of the advisory council shall be appointed no later
3.8 than January 15 of every odd-numbered year and shall serve until January 15 of the next
3.9 odd-numbered year.Members may be removed and vacancies filled as provided in section
3 m 15.059.subdivision 4.Appointed members are eligible for reappointment.
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3.11 (b)She advisory council shall elect a chair and other officers at its first meeting.
3.12 (c)The advisory council shall review applications for community energy transition
3.13 grants and make recommendations to the commissioner of employment and economic
3.14 development.
3.15 (d)A member of the advisory council must not participate in the consideration of an
3.16 application from the community that member represents.
3.17 (e)Members of the advisory council serve without compensation or payment of expenses.
3.18 (f)The commissioner of employment and economic development or the commissioner's
3.19 designee shall provide meeting space and administrative services for the advisory council.
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3.2o All costs necessary to support the advisory council's operations must be absorbed using
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3.21 existing appropriations available to the commissioner.
3.22 (g)The advisory council is subject to chapter 13D,but may close a meeting to discuss
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3.23 sensitive private business information included in grant applications.Data related to an
3.24 application for a grant submitted to the advisory council is governed by section 13.599.
3.25 (h)The commissioner shall convene the first meeting of the advisory council no later
3.26 than September 1,2019.
3.27 Subd.6.Reports to the legislature.By January 15,2021,and each January 15 thereafter,
128 the commissioner must submit a report to the chairs and ranking minority members of the
3.29 committees of the house of representatives and the senate having jurisdiction over economic
3.30 development that details the use of grant funds.When possible,this report must include
3.31 data on the economic impact achieved by each grant.
Section 1. 3
Page 40 of 40
V
Becker• Cohasset• Granite Falls•Fergus Fails•Hoyt Lakes• Monticello • Oak Park Heights• Red Wing
Members of the House Property and Local Tax Division:
On behalf of the Coalition of Utility Cities("CUC"),I write in support of House File 424. The CUC is a
group of eight cities that host Minnesota's largest power plants.My community,the City of Becker,is
home to the Sherburne County Generating Station—commonly known as"Sherco."Xcel Energy is the
operator and majority owner of the Sherco plant,which is the state's largest coal-fired generating plant.
This legislation is vitally important to us because the plants in each of our communities are assessed and
valued by the state,and pay personal property taxes under the same set of statutes and regulations as the
pipeline property that has been the subject of litigation in recent years.
State-assessed property is unique. While local governments are the ultimate recipients of the tax payments
made by the utility companies we host,the local governments play no role in the assessment or valuation
of that property.The valuation process is conducted each year by the Department of Revenue,with no
involvement or input from local governments.Moreover, if a tax court challenge is filed,the Department
of Revenue is the defendant,and no impacted local government is a party to the suit.
Yet, if a tax court determines the Department of Revenue erred in its valuation and orders tax refunds,the
local governments—not the state—are on the hook.
The potential impact of this legislation is enormous.Becker is a city of around 4,500 residents,and the
property taxes paid by the plant account for more than 75%of our city's budget.Those dollars help fund
essential services and offset the cost of the significant infrastructure,land use,and safety costs that the
city incurs to support the plant.
While we are fortunate not to have already faced this issue like many counties have, it is a realistic
possibility that we will in the immediate future. The electric utilities that own and operate the plants in
our communities have expressed that they feel their property is significantly overvalued and that they are
willing take their case to tax court in the coming years.A tax court judgment that results in a lower
valuation of this property could mean millions of dollars in repayments,and force property tax increases
and cuts to local government services.
House File 424 would ensure that local property taxpayers in our communities don't find themselves
holding the bag for a judgment against the Department of Revenue. On behalf of the Coalition of Utility
Cities and the more than 60,000 property taxpayers that live in our communities, I urge you to pass this
legislation into law.
Thank you for hearing this vitally important issue.
Sincerely,
Greg Pruszinske
Becker City Administrator
President,Coalition of Utility Cities
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RESOLUTION
A RESOLUTION ON COMMUNITY ENERGY TRANSITION GRANTS
WHEREAS, the Allen S. King Plant (the "Facility") is located in the City of Oak Park Heights
(the"City");and
WHEREAS,the current state-assessed valuation of the Facility significantly contributes to the tax
base of the City and also provides jobs and supports ancillary businesses; and
WHEREAS, the Facility could be subject to retirement or transition in the near future, which
would have a major economic,social,and fiscal impact on the City; and
WHEREAS, the public utility owning the Prairie Island and Monticello nuclear plants pays into
the Renewable Development Account, which exists to support Minnesota's transition to
renewable energy; and
WHEREAS,the Minnesota Legislature has introduced SF 1888 and HF1919 that would dedicate a
portion of Renewable Development Account funds to a new Community Energy Transition
Account that would fund Community Energy Transition Grants (the "Grants") and be
administered by the Department of Employment and Economic Development;and
WHEREAS, the Grants could be used by communities that host investor-owned electric
generating plants powered by coal nuclear energy, or natural gas to facilitate projects that
mitigate the economic and social impacts of plant retirements or transitions;and
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WHEREAS, specific uses of the Grants include but are not limited to research,planning, studies,
capital improvements,incentives for businesses to open,relocate,or expand,and job training; and
WHEREAS, the City urges our local legislators to support the proposed legislation and assist in
securing its passage.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights supports the
proposed legislation establishing the Community Energy Transition Grant program; and
BE IT FURTHER RESOLVED that the City at this time authorizes the Coalition of Utility Cities
and that group's representatives at Flaherty &Hood, PA, to represent the City in this matter and
asks that Investor Owned Utilities,environmental advocacy organizations,and state policymakers
work with them to achieve passage of this legislation.
Passed by the City Council for the City of Oak Park Heights this 61 day of February,2019.
Mary McComber,Mayor
Attest:
Eric Johnson,City Administrator