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weekly notes June 21st
A CITY OF OAK PARK TS WE Y NOTES for: June 21,2019 TO: Counc' Me er Staff FROM: ric Job on, A inistrator Zoning&Development Items: 1. The City has received two applicati ns:one from the Sch District related to a CUP for bann rs and oversized P signage;And,from Carol Johnson CUP related e garage construction along Paris Ave. I e two follow-up letters from Scott Richards.These i s will be on the July Planning Commission Agenda. 2. The Al Building on Stagecoach Trail has been demolished - -more clean-up remains->: xm3. Various code enforcement letters have been sent related to grass cutting and site maintenance-See enclosed. 4. The MPCA has sent information related to the Mr.car Wash site and a possible petroleum release and the allocation of responsibility of the Owner to address this clean-up.See the enclosed notice. 5. The School District did send a letter(enclosed)informing the City that they will not be moving forward with BUS Storage at the High School site this summer. They also expressed their appreciation for the City's accommodation. 6. The property that has been for sale along the north end of Peabody Ave;Qust south of the State Bridge Overlook site, has finally sold. Staff has worked with the new owner to define the required setbacks as this is a Legal-BUT substandard lot.In short,the north lot line is ambiguous by 3.4 feet+/-due to a possible street vacation occurring years ago-AND-that the from:iot une is aefined under City Ordinance-as being the mid-point between the required 30'and the abutting property front yard setback....We would expect that construction would occur this summer. See the enclosed surveys and MAPS. 7. The City was asked if a Private Car Club would operate in the former Goodwill Building. That answer is a bit complex, but generally it could. Service work on vehicles at such site would likely require a CUP.Please see my enclosed letter dated 6/18119. Other Items: • The City has received an inquiry about the use of SEGWAYs and other personal mobility devices on City Trails.(Not sidewalks).Unless one is defined as handicapped,these are not permitted on City Trails.See the enclosed memo. If the Council would like to amend these rules it may certainly do so. • Enclosed is a copy of the communication from Kirk Schultz's Attorney withdrawing their position on the purchase agreement with the City relative to the Holiday Inn Express.The City will be returning the required securities they have provided. • As the 4th of July is coming up fast,we know that there will likely need to be traffic and pedestrian control upon the St Croix River Crossing Bridge.In talking with the Chief,this is essentially a State responsibility and also partially allocated to the City of Stillwater via underlying State agreements.There were no major issues in 2018.OPH Police will be available as emergencies may arise. • The City did apply for a fitness equipment grant with the AARP-Community Challenge. Unfortunately,our application was not successful.Please see the enclosed response. Mayor McComber provided 1. AS King Plant-Questionnaire Notice from MN Center for Energy and Environment.-They are looking for feedback from local representatives. 2. Invitation from Loclvidge-Grindal(the City's lobbying consultant)inviting to a reception with Gov.Waltz. 3. Enclosed is a Thank You letter from the Youth Service Bureau relating to the City's contribution for Yellow Ribbon/Military families. 4. MN Dept of Corrections-May 29th Community Advisory Meeting Minutes 5. METRO CITIES News for 6114/19&6121/19 6. MASOC State Newsletter for 6/17/19&State Legislative Wrap-up for 6/10119 7. NLC weekly for 6/8/19&Federal Advocacy Update for 6/18/19 8. Update from Shelly Christensen-6/18/19 Please let me know if you have any questions-651.253.7837 Call Anytime. 1 of 59 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427.0520 TPCVP1anningCo.com June 19, 2019 Canssa Keister 1875 South Greely Street Stillwater, MN 55082 RE: Oak Park Heights — Stillwater Area High School — Signage Conditional Use Permit— 5701 Stillwater Boulevard North FILE NO: 236.02 — 19.06 Dear Ms. Keister: The City is in receipt of your application materials submitted on June 10, 2019 for an amended Conditional Use Permit for the addition of light pole banners and a wall sign for the Pony Activity Center at the Stillwater Area High School, 5701 Stillwater Boulevard North. With this letter we are notifying you that the application is not complete. The City will deem it complete with receipt of the following items by June 26, 2019: 1. Provide a base fee of$400.00 and an escrow of$1,000. 2. Please provide mailing labels from Washington County for properties within 500 feet of the exterior boundaries of the property. 3. Please initial the first page of the original application submitted to City Hall. If all of the application materials are submitted as requested, the Planning Commission would consider the application at a meeting scheduled for July 11, 2019 at 6:00 PM in the City Hall Council chambers. Pursuant to Minnesota Statutes 15.99, Sub. 3(f), the City of Oak Park Heights is herewith extending the period of time for agency/city review of the application for an additional 60 day period (for a total of 120 days from the date of a complete application) inasmuch as the City has determined that additional research and study by the City staff relative to the complexity of the project as proposed will be required. Please contact me with any questions you may have. 2 of 59 Carissa Keister June 19, 2019 Sincer ly, Scott D. Richards, AICP— City Planning Consultant to the City of Oak Park Heights The Planning Company LLC C: Eric Johnson Julie Hultman 2 3 of 59 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427.0520 TPCTPC0P1anningCo.com June 19, 2019 Carol Johnson 9207 St. Croix Trail Stillwater, MN 55082 RE: Oak Park Heights - Conditional Use Permits for Setbacks and Location of a New Garage at 6165 Beach Road North TPC FILE: 236.02 — 19.07 Dear Ms. Johnson: The City is in receipt of your application materials submitted on June 11, 2019 for Conditional Use Permits to allow construction of a garage at 6165 Beach Road North. With this letter we are notifying you that the application is not complete. The City will deem it complete with receipt of the following items by June 26, 2019: 1. Please provide a narrative that explains your request and why garage should be placed in this location. Indicate how many rental units are in the principal building. 2. Provide pictures of your yard, and the location of the new garage. 3. Provide a diagram showing how many parking stalls are located on the property. 4. Provide a base fee of$400.00 and an escrow of$1,000. 5. Please initial the first page of the original application submitted to City Hall. If the materials are submitted as requested, the Planning Commission would consider the application at a meeting scheduled for July 11, 2019 at 6:00 PM in the City Hall Council chambers. Pursuant to Minnesota Statutes 15.99, Sub. 3(f), the City of Oak Park Heights is herewith extending the period of time for agency/city review of the application for an additional 60 day period (for a total of 120 days from the date of a complete application) inasmuch as the City has determined that additional research and study by the City staff relative to the complexity of the project as proposed will be required. Please do not hesitate to contact me with any questions. 4 of 59 Carol Johnson June 19, 2019 Sincerely, Scott D. Richards (Planning Consultant to the City of Oak Park Heights) The Planning Company LLC c: Eric Johnson, Julie Hultman 2 5 of 59 City of Oak Park Heights 14168 Oak Park Blvd. N. Phone:651.439.4439 Oak Park Heights,MN 55082 Fax:651.439.0574 June 17,2019 FINAL NOTICE CERTIFIED MAILING Mr. Eric Osmundson Osmundson Land Co LLC 5021 Vernon Ave.S.,#128 Edina, MN 55436 Re: 13435 60a'St. N., Oak Park Heights—Building Exterior Condition& Maintenance Request Dear Mr. Osmundson: I have attempted to gain maintenance compliance to the above-referenced property via my letters of February 14 and March 22 of this year. To date, I have received no response of any kind and the condition at the site continues to decline. As has been requested: 1). Repair the missing siding to the backside of the building entry; 2). Remove the former store name removed from the building walls and at the freestanding sign to the front yard area. The physical lettering has been removed; however, the name is still displayed. Paint or clean the surfaces to remove them. 3). Remove and dispose of the mattress that is resting against the backside of the building entry. Also, 4). Have the lawn cut and the landscaping trimmed. Once this is done it is to be maintained on a regular basis. Items 1, 3 and 4 are violations of City Nuisance Ordinance 1109 and item 2 is a violation of City Zoning Ordinance 401.15.G.as it relates to removal of signs from vacant business locations. 6 of 59 Email:jhultman@cityofoakparkheights.com City of Oak Park Heights 14168 Oak Park Blvd. N. Phone:651.439.4439 Oak Park Heights,MN 55082 Fax:651.439.0574 This letter serves as the City's final communication effort to abate the above four items and directs that: 1. Items 1-3 be completed to no later than Monday.July 1,2019 2. Item 2—lawn &landscaping maintenance be completed prior to Friday,June 28 2019. Compliance checks will be made Friday,June 28th and on Tuesday, July 2nd. Compliance failure shall result in recourse being sought as available by law, which may include but not be limited to the City securing a contractor to secure compliance and assess the charges for service to the property and/or the matter being forwarded to the City's Police Department and/or City Attorney's Office for citation consideration. If citation is issued, it will be to you directly. Your prompt attention is demanded. Contact me immediately with any questions you may have. Sincerely, PLANNING&CODE ENFORCEMENT Ju Hultman B i Ing Official c: Eric Johnson,City Administrator Eric Osmundson, Osmundson Land Co. LLC via email ,a x i r `li i 7 of 59 Email:jhultman@cityofoakparkheights.com City of Oak Park Heights 14168 Oak Park Blvd.N. Oak Park Heights, MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 17,2019 Executive Director and/or Site Manager Evolve 5850 Omaha Ave. N. Oak Park Heights, MN 55082 Re: Grass Mowing @ Olene Ave. - Right-of-Way Area Hello: Property maintenance is an important part of keeping things looking nice and of being a good neighbor. As such, I am writing to thank you for seeing to the ongoing maintenance of your property and to remind you of your responsibility to also mow the right-of-way area,to the back of your lot at Olene Ave. N. The grassy area to the rear of your lot shall be mowed to the right of way,which is Olene Ave. N. City Nuisance Ordinance 1109.03, section H states that all grasses growing to a height greater than six (6) inches upon any lot or parcel of land within the platted portions of the City of Oak Park Heights are hereby declared a nuisance. The right-of-way areas, adjacent to your property at Olene Ave. N, would be included as part of the lot or parcel platted area. Please have the right-of-way areas mowed no later than Monday,July 1, 2019 and continue to mow the area with your regular lawn maintenance. A site investigation will be made after this time to verify compliance. Your prompt attention is appreciated. Please feel free to contact me with any questions you may have. Sincerely, PLANNING&CODE ENFORCEMENT �iHItman,CBO c: Eric Johnson,City Administrator 8 of 59 Email:jhultman@cityofoakparkheights.com City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights,MN 55082 Phone:651.439.4439 Fax:651.439.0574 June 17,2019 Randy Urtel and/or Manager Letru Inc—Stillwater Bowl 5862 Omaha Ave. N. Oak Park Heights, MN 55082 Re: Grass Mowing @ Olene Ave. Right-of-Way Area Dear Mr. Urtel and/or Manager: Property maintenance is an important part of keeping things looking nice and of being a good neighbor. As such, I am writing to thank you for seeing to the ongoing maintenance of your property and to remind you of your responsibility to also mow the right-of-way area,to the back of your lot at Olene Ave. N. The grassy area to the rear of your lot shall be mowed to the right of way, which is Olene Ave. N. Please also collect and remove the brush piles that are on site. City Nuisance Ordinance 1109.03, section H states that all grasses growing to a height greater than six (6) inches upon any lot or parcel of land within the platted portions of the City of Oak Park Heights are hereby declared a nuisance. The right-of-way areas, adjacent to your property at Olene Ave. N, would be included as part of the lot or parcel platted area. Please have the right-of-way areas mowed no later than Monday,July 1, 2019 and continue to mow the area with your regular lawn maintenance. A site investigation will be made after this time to verify compliance. Your prompt attention is appreciated. Please feel free to contact me with any questions you may have. Sincerely, PLANNING&CODE ENFORCEMENT t Jul' ultman,CBO c: Eric Johnson, City Administrator 9 of 59 Email:jhultman@cityofoakparkheights.com IMINNESOTA POLLUTION CONTROL AGENCY 520 Lafayette Road North I St.Paul,Minnesota 55155-4194 1 651-296-6300 800-657-3864 1 Use your preferred relay service I info.pca@state.mn.us I Equal Opportunity Employer June 4,2019 Dave Hall CWP West Corp dba Mister Car Wash 3 2019 222 E 5th St 3 Tuscan,AZ'85705-8412 ` w !City of OAk Park Hei.4hts RE: Petroleum Storage Tank Release l Site: Mr.Car Wash, 5900 Osgood Ave N, Stillwater,Washington County 55082 MPCA Site ID: LS0020974 Dear Dave Hall: The Minnesota Pollution Control Agency(MPCA) has learned there was a petroleum tank release at the Site referenced above.As the owner/operator of the tank(s),you are responsible for the contamination caused by the release.According to state law,you must investigate, and if necessary clean up the contamination. Your first step: Complete and submit the enclosed Leak site ownership form within 30 days. If you believe that you are not legally responsible for the release, please contact me immediately. Definition of legally responsible: You are considered legally responsible for a petroleum tank release if you owned or operated the tank either during or after the release, unless specifically exempted under the law.See Minn.Stat.§ 115C.021. Next steps: Hire a qualified environmental consulting firm to help you investigate and address the contamination.A site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release. Investigation and clean-up guidance documents, standardized report forms, and related information are located on the MPCA website at https://www.pca.state.mn.us/waste/petroleum-remediation-program.Once the investigation is complete, your consultant should summarize the results in an MPCA report form, including a recommendation for additional investigation or monitoring, corrective action,or site closure. If your site is high priority(see below),you must submit the report to the M PCA within 90 days of the date of this letter. For all other sites, you must submit the report within 10 months. High-priority sites have one or more of the following conditions.See guidance document 1-01 Petroleum Remediation Program General Policy for detailed descriptions of each condition. If you are uncertain whether your site is high priority, please contact me. • Existing or high risk of drinking water contamination • Existing or high risk of vapor intrusion into occupied buildings or risk of explosive vapor buildup • Surface water impacts • Recent or ongoing releases • Petroleum free product Paying for the work: The Minnesota Petrofund helps tank owners,operators,and volunteer property owners pay for the cost of investigating and cleaning up contamination from petroleum tank releases. 10 of 59 t-rem-prp2-01 LB 1460 • 8/31/18 Dave Hall Page 2 June 4,2019 You will receive a separate mailing from the Minnesota Department of Commerce,which administers the Petrofund, explaining eligibility criteria and how to apply for reimbursement. Please note that applicants are required to use an environmental consulting firm registered with the Petrofund and obtain written competitive bids. Read the Petrofund mailing thoroughly so you know how to be eligible for the maximum reimbursement. Please respond: Your timely response is important. If you do not submit the completed Leak site ownership form within 30 days,the MPCA will assume that you do not intend to comply and will begin enforcement actions.Also, please be aware that failure to cooperate in a timely manner will reduce your reimbursement from the Petrofund. Finally,should you fail to take necessary corrective actions,the MPCA may take them on your behalf and request the Petrofund to recover the costs from you. Contacts and more information Please have your MPCA Site ID available when calling about your site. • MPCA Project Manager: Questions about this letter or MPCA's requirements? Please contact me at 651-757-2878 or by email at rachel.kennedv@state.mmus. • Petrofund: Reimbursement questions?Call 651-539-1515 or 1-800-638-0418, or go to the Minnesota Department of Commerce website at http://mn.gov/commerce/industries/fuel/petrofund/index.oso. • MPCA Petroleum Remediation Program guidance documents: Found on the MPCA website at https://www.pca.state.mn.us/waste/cleanup-guidancee • MPCA Brownfields Program: Selling or redeveloping contaminated property? Go to the MPCA website at httos://www.Dca.state.mn.us/waste/brownfieIds. Sincerely, 61• This document has been electronically signed. Rachel A. Kennedy Environmental Specialist Remediation Division RAK:kg Enclosures cc: Beth Wolf,Clerk, City of Stillwater Stuart Glaser, Fire Chief,City of Stillwater Molly O'Rourke,Administrator,Washington County Collin Snowberg,ATC Group Services ec: Sara Larson, Minnesota Department of Commerce Petrofund 11 of 59 Stillwater Independent School District 834 1875 South Greeley Street I Stillwater,Minnesota 55082 AREA PUBLIC SCHOOLS Tel:651.351.8340 1 fax:651.351.8380 www.stiilwaterschools.org ..vow RECEIVED June 14,2019 JUN 19 219 City of Oak Park Heights AM PM City of Oak Park Heights 14168 Oak Park Blvd.N. Oak Park Heights, MN 55082 Mayor McComber, City Council Members and Mr. Eric Johnson, On behalf of Stillwater Area Public Schools, I would like to express great appreciation for your willingness to approve our request for temporary bus parking at Stillwater Area High School. Although the district has chosen a different property to accommodate the bus fleet this summer,we are very grateful for all of your efforts in working with us on a solution to accommodate our bus fleet. Your continued effort to work in cooperation with Stillwater Area Public Schools does not go unnoticed. Respectfully, . )I,e t( C C Kristen Hoheisel Executive Director of Finance and Operations Stillwater Area Public Schools Afton-Lakeland Elementary,Andersen Elementary,Brookview Elementary,Early Childhood Family Center,Lake Elmo Elementary,Lily Lake Elementary, Oak-Land Middle School,Rutherford Elementary,St. Croix Valley Area Learning Center,Stillwater Area High School,Stillwater Middle School, Stonebridge?Wntary r o ba151 ll x nm all o a .x Jim xcw 0 ,4 w$1FNti�,•. � 1 A .._ ,. .... ,w £! i III �• u I � - ft ' 1 i � Ol y IT f .0 1 13 of 59 v F�, -yy J Z Z LJU5 WXNN } M F, zm Ln MSILU � � � aWOz ZL Y �tD ID l "� b '1�ipl,EO°OON _ �.,' ;', _ GS-WOV ON ami Al/21 sswov ON .v ' SSS � ltl'Id SZ'bfi ci vi N J I I a:o _ 00 � ��7 yam.O -I�• yam, I N ou1� i) owe I z o ao �¢ ��CID&3 4 <x N M LA 0 --' ¢vl g a rn oz*09 1 1"Ok,80°00S 7 a z I �k-F-vG;zP V,yr :MPJ �k--ro :tle ro ro — ro A r ui Yu�ica O H �V meg z�� G o'-•$ m IJ.. $ V Otoy g W a o W N 20 Hsoulizo t F o 0 QNa° g z a 9d 0 00 Z �g �n Ci `" w 00 O V $ I J3Y �$ 0g�"Z IJm V- NF, o -i a U u�; 2 5 >s „ L _ 1..L LLI �. O - x� NY •y'WO ���a te m Ln 14`l7 54. W Bin i U -k o c� di wm� City of Oak Park Heights Page Iof1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574 June 18,2019 Michael T.Hafting ***Via Email Only mike.hattingAstinson.com STINSON LLP 50 South Sixth Street,Suite 2600 Minneapolis,MN 55402 RE: 5899 Nova Scotia Ave. Dear Michael: Per your email dated 6117/19; Mr.Velasco indicated that would like to use the above property for the following uses: "...None of which would be open to the general public. To house a private car collection:To lease space to ofhers to store vehicles•To conduct periodic meetings of a private car club To perform mechanical repairs of cars stored at the Property."The active re-use of this site would be positive and we look to support compatible land-uses.Accordingly,to respond to these questions the following provides some answers subject to the zoning district it lies in which in this case B4(401.301).That ordinance is attached hereto and which outlines permitted and conditional uses. 1. City Ord. 401.301.13.19 appears to provide some 19. Parking or garages,other than those accessory to a principal use,for the parking Permitted Use permissions to house a Prtvate Car and storage of private passenger vehicles o*. collection.Limited to passenger vehicles. 2. The same subsection (19) also would provide that permission to house/store passenger vehicles of those NOT the Owner(s)per-se. 3. It would seem reasonable that there would be occasional meetings of the vehicle owners-who are members of this private car club and If done reasonably and inside the structure,there should be no material issues. Interestingly,401.301.6.18 takes about"Clubs"as permitted uses in this 8-4 District. However,exterior car shows,festivals or other exterior events would not be permitted and each likely need a SPECIAL EVENT permit as found in City Ord 401.15.G.7-this City Ordinance limits these to 50 total days peryear-it does not matter if it Is open to the public or private;but these may not be disturbing to the neighbors.Attached is some further information related to this. 4. Use of the site to perform Mechanical repairs(regardless 2. Auto of ownership or club)is NOT a permitted use.This would repair-minor and fire and battery stores and service,provided that the use is accessory to and internally located within a retail sales operation_ require a Conditional Use Permit (CUP) as outlined in 401.301.E.&(2).However,the last phrase of the subsection states,"...within a retail sales operation"and Is not an activity your use is proposing.This is a nuance that would need to be vetted further.So,I cannot clarify deeply here-but likely it is a CUP requiring a public hearing process and we would need to also know more from the Applicant. While the City believes,the information conveyed above is accurate,the City reserves the right to amend,append,delete or revise the language and/or the content of this communication as appropriate and at any time. This letter may not be interpreted or applied as a formal approval or authorization by the City for any purpose(s).If you desire an in-depth research beyond this statement found herein,you will be required to provide the necessary escrow and cover such costs associated with such searches and interpretations. A formal development application and subsequent determination by the City may be required for any prospective construction or operational activities,change in land uses,etc.This letter is not a release from any past,current or future obligation on the part of the developer or owner of this property and must remain in compliance with agreements of record or duly established law. We are happy to answer any questions and would invite the prospective owners in for a pre-application meeting. Sincerely, 441— Eric Johnson City Administrator 15 of 59 d City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574 6121119 MEMO TO: Mayor and City Council Members FROM: Eric Johnson,City Administrator RE: Personal Mobility Devices—on City Trails. The City has been inquired about the permitted use of SEGWAY-type vehicles (Personal Mobility) on City Trails. Generally, the following rules apply, but in short—these are NOT permitted under current MN Statute or by City Ordinance. If the Council would like to revisit these rules as the relate to City Trails, this could be amended to what the Council would prefer.To date we have not had any material issues or conflicts, however the use of these is not significant. 1 MN STAT 169.212(2)(a)states: "An electric personal assistive mobility device may be operated on a bicycle path." 2. The definition of Bicvcle Path in MN STAT 169.011 (6)states- "Bicycle path"means a bicycle facility designed for exclusive or preferential use by persons using bicycles and constructed or developed separately from the roadway or shoulder" 3. Oak Park Heights Trails are NOT designated for EXCLUSIVE OR PREFERENTIAL use by persons using bicycles;thus,this authorization under MN STAT 169.212(2)a. --- does NOT apply. 4. Personal Mobility Devices(Segways) may be operated on SIDEWALKS with the definition of sidewalk being as found in MN STAT 169.011 (75): "Sidewalk"means that portion of a street between the curb lines,or the lateral lines of a roadway,and the adjacent property lines intended for the use of pedestrians. 5. Oak Park Heights TRAILS are NOT sidewalks as defined in Statute;therefore devices—such Segways may not operate on CITY TRAILS;But may—as an example—may operate on the County trail that abuts County Highway 26(which is the south frontage road). 6. Further City Ord.705—as attached-further guides this use as these relate to persons who are disabled;and essentially already allows such devices on City Trails 16 of 59 I MINNESOTA STATUTES 2018 169.212 169.212 OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. Subdivision 1.Rights and responsibilities of pedestrians.Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian. Subd.2.Operation.(a) An electric personal assistive mobility device may be operated on a bicycle pat . (b)No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions.Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device. (c)An electric personal assistive mobility device may be operated on a roadway only: (1)while making a direct crossing of a roadway in a marked or unmarked crosswalk; (2)where no sidewalk is available; (3)where a sidewalk is so obstructed as to prevent safe use; (4)when so directed by a traffic-control device or by a peace officer;or (5)temporarily in order to gain access to a motor vehicle. (d)An electric personal assistive mobility device may not be operated at any time on a roadway with a speed limit of more than 35 miles per hour except to make a direct crossing of the roadway in a marked crosswalk. (e)An electric personal assistive mobility device may not be operated at any time while carrying more than one person. (f) A person operating an electric personal assistive mobility device on a sidewalk must yield the right-of-way to pedestrians at all times.A person operating an electric personal assistive mobility device on a bicycle path must yield the right-of-way to bicycles at all times. Subd. 3.Reflectors.An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front,back,and wheels,visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle. Subd.4.Local regulation.A local road authority may not further regulate the operation of electric personal assistive mobility devices,except that a local road authority may allow and regulate the operation of these devices on roadways within its jurisdiction that have a speed limit of more than 35 miles per hour. History:2002 c 285 s 4 Copyright 0 2018 by the Revisor of Statutes,State of Minnesota All Rights Reserved. 17 of 59 705 AN ORT)TNANCT RRGULATTNG OPRRATTOW OF MOTORT7.RT)WNRFT.C''TNATRfi AND OTHER INDIVIDUAL TRANSPORTATION DEVICES BY PHYSICALLY DISABLED PERSONS ON PUBLIC ROADWAYS AND PARK TRAILS WITHIN THE CITY OF OAK PARK HEIGHTS. 705.10. Definitions. The following definitions shall apply in the administration and enforcement of this Ordinance. "Operate"shall mean to ride in,or on.and control the operation of a rnotoriaed wheelchair or other motorized individual transportation device. "Physically Disabled"shall mean any person who,because of physical disability,(a) cannot walk without sufficient risk of falling;(b)cannot walk 200 feet without stopping to rest;(c)cannot walk without the aid of another person,walker,cane,crutches,braces, prosthetic devices,and/or wheelchair;(d)is restricted by respiratory disease to an extent that the person's forced(respiratory)expiratory volume for one second when measured by Spirometry is less than one liter; (e)has an arterial oxygen tension(PAO2)of less than 60 mm/hg; (f)uses portable oxygen; (g)has a cardiac condition to the extent that the person's functional limitations are verified by their personal physician as requiring assistance for transportation purposes;(h)has lost an arm or a leg and does not have or cannot use an artificial limb;(i)has a disability that would be aggravated by walking 200 feet or more under normal environmental conditions as verified by their personal physician. "Right-of-way"shall mean any street,avenue,place,drive or other public drive in the City of Oak Park Heights. "Motorized individual transportation devices"shall mean those special vehicles limited to persons who require assistance because of physical infirmity in their personal transportation with such devices being limited to the capacity of carrying or transporting a single individual. 705.020 Operation on Public Property. No person shall operate a motorized wheelchair or motorized individual transportation device within the public right-of-way of any trunk state or county highway,state aid or City street within the City of Oak Park Heights except as allowed under this Ordinance. On right-of-way designated for City streets,motorized wheelchairs or motorized individual transportation devices shall be permitted only on the shoulder of the roadway or, in the absence of an improved shoulder,on the right-hand-most portion of the roadway and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto.No person shall operate a motorized wheelchair or motorized individual transportation device within the public right-of-way of any trunk state or county 18 of 59 highway,state aid or City street between the hours of one-half hour after sunset and one- half hour before sunrise. All such persons operating motorized wheelchairs or motorized individual transportation devices shall display the slow-moving vehicle emblem thereon as required by Minnesota Statute§169.522. The operation of motorized wheelchairs or motorized individual transportation devices for all persons who are physically disabled shall be allowed on the park and public trails existing within the City of Oak Park Heights.The operation of police,fire and emergency vehicles and public works vehicles shall be allowed in the park and public trail systems of the City of Oak Park Heights.Except as otherwise provided herein no motorized vehicles shall be allowed on the public trail systems of the City of Oak Park Heights.No motor vehicles except as provided herein shall be allowed in the City Parks of the City of Oak Park Heights except on established and paved parking surfaces posted for that purpose. Passed:April 10, 2001 19 of 59 JOHNSTON LAW OFFICE, P.A. 510 2211EASTON d Avenue East Suite I01 Attorneys at Law P.O.Box 1218 Alexandria,Minnesota 56308 Scott T. Johnston* Tel hone:320-762-8814 f P:320-762-9111 Kelly L. Jenzen E-Mail: johnstonCiohnstonla�4off.com Legal Assistants: jenzen�johnstonlawo lT.com Lori A.Aabcrg Alice A.Basek * USBA Board Certified Real Lindsev C.Brunk Property Specialist Kimberly J.Preffer Sari E.guran June 14, 2019 VIA CERTIFIED MAIL,RETURN RECEIPT AND VIA EMAIL: eaiohnson(a),cityofoakparkhelebts.com and mvierlinlialeckberdammers.com CITY OF OAK PARK HEIGHTS ECKBERG & LAMMERS ATTN CITY ADMINISTRATOR ATTN MARK ViERLING, ESQ 14168 OAK PARK BLVD 1809 NORTHWESTERN AVE PO BOX-2007 - STiLLWATER MN 55082 OAK PARK HEIGHTS MN 55082 Mark and Eric, RE: City of Oak Park Heights/Madison Hospitality Group, LLC Our File No. 17-290STJ After incurring significant expense and effort,Madison Hospitality Group's due diligence process has unfortunately led it to conclude that it cannot economically continue in its pursuit of this hotel project. Construction costs have increased significantly since this proposed purchase was conceived in 2017. Moreover, Madison's market study reveals the market is not seeing the necessary growth to support those increased construction costs. We do thank the City for going above and beyond what would ever be expected of any municipality in terms of its efforts to facilitate this development by Madison Hospitality. Unfortunately,the market simply does not alldw Madison to move forward with this hotel project at this time. Please take notice that Madison Hospitality hereby provides written notice of its election to terminate the Purchase and Sale Agreement dated August 29,2017("PSA"),pursuant to Section 4.2 of the PSA, as amended. Accordingly,we would ask that the City direct the Title Company to refund Madison's Earnest Money and Additional Earnest Money totaling the sum of$70,000. This written notice of Madison's election to terminate the PSA is being given by email followed up not later than the next business day by either certified or registered mail or overnight delivery in accordance with Section 12.1 of the.PSA. Thank you for all courtesies extended. Kindest regards. Sincerely, :ATON LAW. Johnst STJ/kp cc: Kirk Schultz(via email) 20 of 59 Eric Johnson From: Jennifer Pinski Sent: Monday,June 17, 2019 10:53 AM To: Eric Johnson Subject: FW:AARP Community Challenge From:Anagnostopoulos,Anna (TMP)<aanagnostopoulos@aarp.org> Sent: Monday,June 17,201910:43 AM To:Jennifer Pinski<jpinski@cityofoakparkheights.com> Subject:AARP Community Challenge Thank you for your recent application to the AARP Community Challenge.Grants to make communities livable for people of all ages. In total we received almost 1,700 applications from communities nationwide.As such,the decision- making process was a difficult one,with many worthwhile organizations with inspiring projects vying for a limited amount of grant dollars. Unfortunately,your organization was not selected for funding at this time.We do value the work you do and as such, the AARP National Livable Communities Team or the AARP State Office in your state may be in touch with you as a follow up to discuss your work more.We are committed to supporting local communities and those leading the way for change. For example, in addition to the Community Challenge we also collect and share innovative ideas and analyze insights with leaders nationwide through our website(AARP.ore/livable)and our free e-newsletter( RP.o[gZ4vahic_ subscribe). Again,thank you for your application to the AARP Community Challenge.We look forward to finding future opportunities to work with you in making communities across the nation great places for people of all ages. Sincerely, The AARP Livable Communities Team 1 21 of 59 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Thursday,June 13, 2019 4:57 PM To: Eric Johnson Subject: Fwd:Oak Park Heights Questionnaire regarding the King Plant Eric, This is what I sent. Please share for weekly notes. Thanks, Mary ---Original Message— From: Mary Mccomber<marymccomber@aol.com> To: mmccomber<mmccomber@cityofoakparkheights.com> Sent:Thu, Jun 13, 2019 3:48 pm Subject: Oak Park Heights Questionnaire regarding the King Plant Good Afternoon, I am sending you information regarding a questionnaire that would be helpful for your participation. The City of Oak Park Heights has been informed of the impending retirement of the Xcel Allan S. King Plant in our city. We are currently working with other entities to study what impacts we will face as we plan for the future of the plant closure. Your input will be valuable as we continue to gather information. I would respectfully ask that you take a few minutes to answer the questionnaire from the link below. If you have any questions, please feel free to contact me, at 651-351-7879, or Audrey Partridge at the Center for Energy and Environment, 612-244- 2443. Center for Energy and Environment, a Minnesota-based non-profit, is partnering with the Coalition of Utility Cities,Xcel Energy, Minnesota Power, and representatives from our community to study the economic and social impact of the power plant in our community. This study will include economic modeling to assess the direct and indirect economic value that the power plant provides to our community, as well as information gathered through interviews and a questionnaire to assess the role the power plant plays in people's lives. This study is independent from any decisions about whether or when power plants may close. At this point, none of the power plants included in this study have an official retirement date approved by the Minnesota Public Utilities Commission. Though, as you may know, some of the plants have proposed retirement dates.The goal of this study is to provide communities and state and local decision makers with information so that they can adequately plan and prepare for an eventual closure of the power plant far in advance of an actual closure. You have been selected to take a questionnaire that will be used in this study. Your perspective is valuable to this work and we thank you in advance for taking this questionnaire. If you have questions about this study or the questionnaire, please contact Audrey Partridge at apartridge(cD-mncee.orq<mailto:apartddaedmncee.ora>. Please fill out the questionnaire by June 28, 2019. Follow this link to take the questionnaire: hftps://docs.goo-gle.com/forms/d/e/lFAli)QLSe7TvhfBylyUHEHNsr X8nQkD23B4hmfFMctBJCaxMQ5dQHJA/viewform Kindest Regards, Mary McComber Mayor Oak Park Heights i 22 of 59 and Audrey Partridge I (Center for Energy and Environment] Regulatory Policy Manager 1612.244.2443 Center for Energy and Environment 212 Third Avenue North, Suite 560 1 Minneapolis, MN 55401 (fax)612.244.2443 1 www.mncee.org<h,t ,'"w 2 23 of 59 LOCKRIDGE GRINDAL NAUEN P. L.L . P. Attorneys at Law Lockridge Grindal Nauen invites you to join us for a special reception in support of Governor Tim Walz & Lt. Governor Peggy Flanagan j FLANAGAN t� FOR MINNESOTA Wednesday, July 17, 2019 4:00-5:30 PM Offices of Lockridge Grindal Nauen P.L.L.P. ioo Washington Ave S,Suite 2200 Minneapolis,MN 55401 Suggested donation: $250• $500•$1,000•$2,000 R.SX.P.to Berrett(aWalzforGovernor.org 612-540-7057 Contributlans or gifts to Tim Walz for Govemor are not tax deductibk.The maximum contribution for 2or1}2020 is$2,000 perindividoal or$4,000 per couple We cannot accept cantributionsfrom corporations or LLCs.We are prohibited by campaign finance lawfrom accepting contributions from lobbyists and political committees during the regular legislative session. Prepared and paid for by Tim Walz for Governor,Po Box 4337,St.Paul,MN 55ip4 Lockridge Grindal Nauen invites you to join us for a special reception in support of Governor Tim Walz Lt. Governor Peggy Flanagan 2 24 of 59 Wednesday, July 17th, 2019 4:00pm - 5:30pm Lockddge Grindal Nauen P.L.L.P. 100 Washington Avenue South, Suite 2200 Minneapolis, MN 55401 Contribution Levels $2,000 1 $1,000 1 $500 1 $250 RSVP to (612) 840-7057 Contributions or gift to Tim Walz for Govemor are not tax deductible. The maximum contribution for 2019-2020 is$2000 per individual or$4,000 per couple.We cannot accept contributions from corporations or LLCs.We are prohibited by campaign finance law from accepting contributions from lobbyists and political committees during the regular legislative session. Prepared and paid for by Tim Walz for Governor, PO Box 4337,St. Paul,MN 55104 r r r a E .r rx iy I 6 i I r i I t - , x, a ... .-._. 3 25 of 59 youth service Helping youth and families learn the skills they need to be more successful at home, in school and throughout the community b u rea u www.ysb.net June 19, 2019 Hon. Mary McComber, Mayor City of Oak Park Heights, Yellow Ribbon Committee 14168 Oak Park Boulevard, North Oak Park Heights, Minnesota 55082-6476 Dear Mayor McComber, Thank you, and your fellow City of Oak Park Heights Yellow Ribbon Committee leaders, for the generous gift of$2,000 to support our Military Families Initiative received on Monday,June 17th, 2019. Your investment in Youth Service Bureau's new effort to provide practical and useful tools for the families of deployed Minnesota National Guard and Reserve soldiers is deeply appreciated. As you know well,there are challenges to be overcome by families of all kinds, all across Minnesota. Young people face increasing levels of anxiety and depression, overuse or misuse of modern communication technologies, gaming, electronic cigarettes, and so much more. The families we serve in this new program face all of those obstacles, plus the added burdens of being a military family during longer and more frequent deployments. Your support will help YSB to deliver educational programs, expert panel discussions, small group conversations, and so much more for these families.Just as importantly, your gift will inspire generous individuals, organizations, and others to join you in this effort. We look forward to reporting back to you after the end of the year to share with you how your gift made a difference. In the meantime, if we may be helpful to you in your work, please feel free to call upon us. ere Robert T. Sherman,Jr. Executive Director c 0AJ COTTAGE GROVE STILLWATER ��, WOODBURY 7064 W Point Douglas Road,Suite#201 Washington County Historic Courthouse 7876 Hudson Road.Suite#1 Cottage Gro e.MN 55016 101 Pine Street West,Stillwater.MN 55082 Wooabur MN 55125 6S!-458-5224 26 of 59 651-439-6800 651-735-9534 MDEPARTMENT OF CORRECT90NS DATE: June 7, 2019 TO: Community Advisory Members FROM: Eddie Miles Jr., Warden SUBJECT: Community Advisory Committee Meeting Minutes of May 29, 2019, held at MCF-Stillwater Attendees: Eddie Miles, Jr. STW Warden, Lisa Stenseth STW AWO, Rick Raven STW CPD, Sherlinda Wheeler OPH AW, Adam Bell Bayport City Administrator, Brian Mueller WA County, Doug Anschutz WA County, Pete Orput WA County Attorney, Brent Wartner WA County Attorney's Office, Tom Adkins WA County, Mary McComber OPH Mayor, Jay Jackson, Bayport PD. A Introductions ➢ MCF-Stillwater Updates: Warden Eddie Miles Jr. • Today we want to provide an update of where both facilities are and to answer any questions. • Since July 18th, a lot of work has been done to keep things up and running. Our entire Industry area had to be reset. Previously we had 315 offenders working for MinnCor using many tools in multiple buildings without cameras. The Agency decided to close multiple Industry areas including Computers for Schools, MetalsMlelding, and Cabinetry. Education, Computers, and Physical Plant all lost offender assignments. It was also determined that the remaining Industry areas would only reopen once cameras were installed. At this time we are only using two of the six Industry buildings. The only Industry offender assignments that we have at this time are folding balloons and that area has slowed. • The new Administration is doing what we can to get additional offender assignments running in Industry. We do not have tools back in Industry yet but we plan to slowly reintroduce some of those offender assignments again. We have revisited reopening the Cabinetry Shop and we hope this will happen soon. Cameras have been installed in additional areas and our hope is to eventually get about 500 offenders back to work in Industry. • Most of our offenders understand that these steps need to be taken before offender assignments can come back and they have been understanding of this. • Staff are engaged and they ask when we will be able to offer more offender assignments other than just balloons. Staff know that learning new skills helps prepare offenders for release back to the community. • Several offenders are interested in a Reduced Violence committee to keep 27 of 59 things moving in a positive direction here. • Stillwater has a small canteen packing area with about 30 minimum offenders who have been doing a really good job. • Stillwater has been getting slightly better on staffing but are still down 35 positions. • Staff have been putting in a lot of overtime and we are currently at 2.6 million over what was allocated for overtime. Staff want the offender idle time to end and to make sure that Industry continues. They are understanding of the need to allow offenders to have tools at some point as long as there are two staff in the area at all times. • All Stillwater programming is back up and running. We do what we can to keep everything running although we did need to close visiting once and Recreation has been shut down occasionally. Offenders seem to understand it just makes sense to shut down Recreation vs shutting down a whole unit. • We just went back to feeding breakfast in the Dining Hall on the weekends. We have been very transparent with offenders about how this process is going. Once we are up to compliment, we plan to go back to feeding breakfast in the Dining Hall all days of the week. • Hiring has been difficult and with staff leaving we can't hire fast enough to keep up. A hiring event will be held at STW on June 6th and 11th to include testing, interviews and tours. We hope this will bring in a large amount of people. The hiring event flyer has been forwarded to the Community Advisory group. • Administration is moving to 8 and 10 hour shifts for officer positions. We need to figure out how that will look for each facility. A kaizon will be done and an email will be sent to staff requesting volunteers to help in this effort. • We are looking forward to the upcoming Memorial Celebration on July 18th to reflect and honor the life of Joe Gomm. • The new Administration has implemented a change to allow media into the facilities and we have had a lot of media here. This has actually benefited us because after being here they realize we do a pretty good job and media requests have greatly reduced. • We are looking into creating a stakeholders meeting to include parents, visitors, volunteers, etc. This will give people an opportunity to talk about what's happening here. Let Sue know if you are interested in attending. • MCF-Stillwater is back to some sort of normal and I am very proud of where we are now. > MCF-Stillwater Updates: AWO Lisa Stenseth • MCF-Stillwater is in the process of planning a Staff Memorialization and Reflection Day in July. A flag ceremony will occur and a memorial rock and bench will be installed near the flags. Chaplain Marty Shanahan will hold a Reflection Ceremony. Contributing to a safer Minnesota EQUAL OPPORTUNITY EMPLOYER MCF Stillwater p a g 2 28 of 59 MCF-Oak Park Heights Updates: AW Sherlinda Wheeler • MCF-Oak Park Heights will be holding a memorial ceremony on September 24, 2019. We have plans of incorporating a bench with a paved walkway and hopefully an obelisk installed in a designated area in the front of the facility. We will have an "Adopt a Highway" ceremony in honor of Officer Parise. • Warden Jeff Titus began on May 1St • We have had several Sergeant and Officers retire and/or resign and our staffing levels are low. We are hopeful that the upcoming hiring event will help. • Our current telephone system is 30 plus years old and will be updated on June 20th from 7 am to 2 pm. During the conversion staff will communicate via radio. • Mid-June OPH will resurface the parking lot. • The City's annual Party in the Park was held at Brekke Park on June 6th We hope to do some recruiting at this event. The DOC's transportation bus will also be present. • Thank you to Washington County for your help in covering transports when needed. It is very much appreciated! A ROUNDTABLE: A Washington County Attorney - Pete Orput • We hope to proceed with the trial of Edward Johnson later this summer— we are ready to go. • Pete asked how the facilities feel about prison prosecutions. Both facilities have been happy with them although staff generally feel that more time should be given. Eddie noted that OSI staff can explain the process to our staff so they understand. Pete offered that he would be happy to come to the facilities to explain his process to our staff. A City of Bayport—Adam Bell, City Administrator • Adam reported that the flooding in Bayport is still an issue. The city is very appreciative of the help offenders did with sandbagging. A Washington County—Tom Adkins • The Closing the Gap program may be worthwhile to discuss with folks. We have increased this program and are finding we are giving people skills they didn't have before like problem solving. Families have different experiences and agencies and stakeholders can partner to help give people hope. Contributing to a sr-fer Minnesota EQUAL OPPORTUNITY EMPLOYER M 1-7 F - S t i l l w a t r page 3 29 of 59 Oak Park Heights—Mayor Mary McComber • At the recent city council meeting, concerns were brought up regarding people being released from the Washington County jail after hours and hanging around the neighborhoods. Residents have asked if Washington County would consider providing Uber vouchers so people can get to where they need to go. WA Chief Deputy Mueller said this could be considered and looked into. He also stated that Washington County does allow them to make phone calls for rides. This issue will be troubleshooted. • Mary is the President of the Mayors Association and was instrumental in setting up the Mayors tour of MCF-Stillwater and meeting with offenders afterward. This was very successful and the Mayors group would like to do this again and at other facilities too. Warden Miles noted that we want to continue this as well. It was a very positive event for the offenders. Washington County— Brian Mueller • Thank you to the DOC staff that attended the Law Enforcement Memorial. Everyone looked sharp and it was great to have them in attendance. • A lot of DOC staff attend and serve on the Tactical Board and we very much appreciate this. Thank you. Next Meeting The next meeting date to be determined. Contributing to a safer Minnesota EQUAL OPPORTUNITY EMPLOYER MCF S t i l l w a i r page 4 30 of 59 Metro Cities News 6/14/19 Page 1 of 5 C TRO TIESMember Login l0 ®R esoWlen Munidpelkles Home Metro Cities News About Us Meetings&Events Membership Advocacy Policies&Resources MAMA Return to the bldg Upcoming Events Metro Cities News 6/14/19 W.Kimberly Clafrocchi muJun2o,2019 category.Newsletter Metro Cities Board of Directors Meetino category;Metra shies Booed of 0imetms Jun ..__.�.._._.__.. .._„_........-.___.�...- 14 In This Issue: Thu Jun 27,2019 Cftlla Breakfast 0 the LMC Annual Conference May 2019 State Revenue Review -_ --•-. --Ci1ipo7 M�""g • Redmiopment Grant and Demolition Loan Program Call for t Applications-D August 1 Mon Jul 8,2019 Trensooxtation&General • Matropolitan Council to Offer Stonnwater Management Grants Government Politw Committee • MCES Budget Workshops:Proposed Wastewater Rates #1 Metropolitan Council Discusses Climate Change and Comprehensive Plans anegoryy Policyc—nmee Regional Transit Performance Evaluation and Transit Ridership R ori Released "Tue Jul 9,2019 Legislative Water Commission Set to Sunset July 1 Municipal Revenues Policy Metropolitan Council Considers New Uses of Regional Parks Fund Interest Earnings Committee#1 Feedback Requested!M tro iti 'License&Permit Fee Suma cmgorr Policy commiaee Don't Forget!Join Metro Cities at the June IMC Annual Conference wed Jul 10,2019 2019 Metro Cities Policy Committees Mlitrmolitan Agencies Policy Committee 41 category:Policy C—nin" View Full Calendar May 2019 State Revenue Review Announcements It's time to plan for 2019 Metro The Office of MN Management and Budget(MMB)released its May Revenue Review,showing that net Cities Policy Committees!Metro general fund revenues totaled$148 million,or 9%more than what was forecast in February.Total cities'policy committees annually receipts for the year to date show net revenues at 3.6%higher than forecast.The MMB notes that all develop policy recommendations monthly revenue reviews are preliminary and should be interpreted with caution.The May review can be based on input from member city viewed representatives.Committees submit policy recommendations to the Board of Directors for review,modification and Redevelopment Grant and Demolition Loan Program Call for Applications-Due distribution to the general membership.The membership will August 1 meet In November,prior to the legislative session,to debate and DEED's Brownfields and Redevelopment Unit announced this week it is soliciting applications for grant adopt Metro Cities'policies for the funding for redevelopment projects through the Redevelopment Grant and Demolition Loan Programs. 2020 legislative session, Click to view the schedule for Metro Cities was instrumental in securing state funding for the redevelopment grant and demolition this summer and for the link to loan programs in the 2019 legislative session.For the next funding round,approximately$2 million will sign up. be available for distribution for the Redevelopment Grant and Demolition Loan Programs.Cities with redevelopment funding-eligible sites are encouraged to apply. The deadline for the submission of applications is 4:00 p.m.on Thursday,August 1,2019. DEED will host a workshop in the metropolitan area in late June to provide potential applicants with more information about the program and answer any questions.Details about these workshops will be available on the DEED website soon. For questions regarding the application process,please contact Brownfields and Redevelopment Unit staff at 651-259-7451.More information on the can be found here. 31 of 59 https://www.metrocitiesmn.org/index.php?option=cont dailyplanetblog&view—entry&yea... 6/17/2019 Metro Cities News 6/14/19 Page 2 of 5 Our Tweets Metropolitan Council to Offer Stormwater Management Grants Tweets by The Metropolitan Council has approved a process for 2019 stormwater management grants,funded @MetroCitiesMN with$500,000 from the Council's operating budget.The goal of the grant program is to help fund Metro Cities Retwested practices to treat and manage stormwater for redevelopment projects,or to retrofit fully developed . MinneactaBrownfields QW areas with new management practices to reduce pollution.The Council has administered previous 1W @MNBrownfields rounds of stormwater management grants.The focus on grants in redevelopment projects is new for Thanks to all who contributed to this round.Applications must be submitted by July 15,2019.More information can be found jam. the state or Brownfields update, including @CltyotPridley Please contact Joe Mulcahy at 651-602-1104 for more information. @ParkwayLaw @RsmseyCounty, @MetroCitiesMN QMnPCA and the office of @BeayMcCollum04 MCES Budget Workshops;Proposed Wastewater Rates @EPAGreatLale3s' We're lucky for the wonderful Metropolitan Council Environmental Services(MCES)recently held two customer budget workshops. local network of local The purpose was to provide city officials and staff with Information regarding MCES'services,costs #brownfields professionals. and projects and proposed 2020 wastewater rate changes. For 2020,the Regional Wastewater Charge Is proposed to be 3.6%.The SAC(sewer availability charge) will be held at its current level and the Industrial Waste Strength Charge is proposed to increase by 4.5%.The Industrial Permit Fee will increase by 3.6%.These increases represent regional average increases.Individual city customer rates will vary depending on city flow activity.Rates for 2020 will be Embed view on Twitter adopted by the Metropolitan Council in late July. To view the MCES presentation provided at the workshop, ^k heM.The materials included information on MCES budget structure and information and links to a customer service portal that contains a data'dashboard and other links and resources. Metropolitan Council Discusses Climate Change and Comprehensive Plans The Metropolitan Council heard an informational oresentatio on Wednesday from DNR Senior Climatologist Kenny Blumenfeld on hydroclimatic conditions in the Twin Cities area.The presentatlon included historical weather and climate data and climate trends for the region.According to the DNR, the metropolitan area is projected to experience more precipitation,more frequent weather events and larger event extremes.The region will experience a warming trend,especially at night and during the winter,with cold extremes becoming less common and less severe.The state is in its wettest decade on record and 245 million additional gallons of water have fallen in the metropolitan area in the last 10 years when compared to atypical year historically. During the discussion,it was noted that several cities had included resiliency planning in their local comprehensive plans,and some members expressed support for including resiliency planning as a requirement for the next round of local comprehensive plans and discussed whether the Council should consider passing a resolution to this effect.Resiliency planning is currently an optional component,and according to a recent Metr000li;a. ewsletter.approximately 50 percent of cities included a resiliency component in their recently submitted plans.Other members pointed to the importance of approaching any additional plan requirements in cooperation with the Council's municipal partners. Council staff discussed general processes for local plans,noting that requirements for plans are based on the best available information and data at the time,and that the Council would have the opportunity at that time to address specific requirements for the next round of comprehensive plans,using current data. Metro Cities will continue to monitor this issue and will also generally discuss issues associated with comprehensive plans,requirements and review processes In Metro Cities'Metropolitan Agencies Policy Committee this summer. Regional Transit Performance Evaluation and Transit Ridership Report Released Metropolitan Council staff presented two reports to the Council's Transportation Committee on Monday that included a First Quarter Ridership Report and Transit System Performance Evaluation. The First Quarter Transit Ridership Report includes transit ridership data for the first quarter of this year. The report shows a 7%decline in overall transit ridership when compared to the first quarter of 2018.19 million rides have been provided,compared to 20.5 million at this time last year.Metro Mobility saw a 32 of 59 hos://www.metrocitiesmn.org/index.php?option=com dailyplanetblog&view=entry&yea... 6/17/2019 Metro Cities News 6/14/19 Page 3 of 5 ridership increase of 2%and was the only mode that saw an increase.Local bus service,which accounts for the majority of transit rides,saw a 9%decrease.LRT ridership was down 4%,BRT was down 5%and commuter and express bus service was down 8%.Council staff indicated the decline is likely due to several bad weather days,low car travel costs and recent transit fare increases.To view the First Quarter Ridership Report presentation,click A second report,the Regional Transit Performance Evaluation,is required by state law to be provided prior to updating the Transportation Policy Plan(TPP)and includes transit performance for the region as well as an analysis of transit in peer regions. The evaluation looked at 2017 data for all service types and included ridership data,passenger per service hours,and subsidy per passenger.Core Local bus service was the most used service type,with 45.9%of all rides,followed by 26.3%for light rail transit,14%for commuter and express bus and 4.4% for suburban local bus.Arterial bus and light rail transit showed Increased efficiency trends,measured by number of passengers per service hour. Other bus services showed declining efficiency.When comparing operating cost to ridership,core local bus accounted for 38.7%of costs and 45.9%of ridership,LRT was 14.1%of operating costs and 26.3% of ridership,commuter and express bus was 17.2%of cost and 14%of ridership,suburban local bus was 5.7%of cost and 4.4%of ridership and ADA dial-a-ride was 12.7%of cost and 2.5%of ridership.Key feedback provided by the evaluation are that bus ridership is declining but continues to account for the majority of transit ridership.In addition,overall demand for transit service remains strong,especially for LRT.BRT has been successful and demand for Metro Mobility service is increasing and consuming a larger share of the available transit funding. The transit evaluation also compared the transit system to 12 peer regions.Regions were compared based on spending,ridership,and passenger subsidy metrics.On a per capita basis,$193.14 is spent on the region's transit system.This is slightly higher than the peer average at$192.13.Of the peer regions evaluated,Seattle spends the most per capita at$382.95 and Phoenix spends the least at$94. In terms of total ridership,the metro region is above the peer average of 86.8 million rides,with a total of 95.5 million rides.Seattle has the highest ridership at 198.3 million rides and Milwaukee has the lowest at 36.5 million rides.The metro region subsidizes$4.20 per ride,lower than the peer average of $4.53 per ride.San Diego has the lowest cost subsidy per ride at$2.53,while Dallas has the highest at $6.77.All data used was from 2017.To view the Regional Transit Performance Evaluation,click Legislative Water Commission Set to Sunset July 1 The Legislative Water Commission(LWC)met this week after it was discovered that the Omnibus State Government funding bill did not extend the Commission's July 1 st sunset date.As a result,the LWC will cease to exist as a stand-alone Commission after July 1 st.The bill did include funding for the Commission within the Legislative Coordinating Commission(LCC)and it is the intent of the LCC to have the LWC to continue to function as a subcommittee of the LCC until further consideration of the Commission can be addressed In the next legislative session. The LWC was established to review water policy reports and recommendations from state agencies and the Metropolitan Council,and other water-related reports as may be required.The Commission also makes recommendations to assist the legislature in formulating legislation related to water issues. Metropolitan Council Considers New Uses of Regional Parks Fund Interest Earnings The Metropolitan Council is considering new uses for interest earnings from Its regional parks funds. From 1985 through December 31,2017,all interest earned on regional parks system appropriations to the Metropolitan Council were legislatively earmarked to support North Misxlssippi Regional Park.In 2015,the Legislature directed the Council to use"the interest earning for the use and betterment of all regional recreational open space lands under the jurisdiction of the Metropolitan Council."This language was effective January 1,2018.Council staff explained interest earning parameters,which allow for operating and capital expenses,but do not allow distribution outside of the regional parks implementing agencies. Regional parks system funds come from several sources,including Legacy funds,state general obligation bonds and the Metropolitan Council's bonds.The interest amount according to the Council, totaled an estimated$700,000 In 2018.Past annual interest earnings have ranged from$100,000 to $500,000. 33 of 59 https://www.metrocitiesmn.org/index.php?option=com dailyplanetblog&view=entry&yea... 6/17/2019 Metro Cities News 6/14/19 Page 4 of 5 The Council has solicited feedback on use of interest earnings from the regional park implementing agencies,the Metropolitan Parks and Open Space Commission(MPOSC)and Community Development Committee(CDC).Future feedback will be provided by the Council's Equity Advisory committee and continued discussion at the CDC. At a recent CDC meeting,Council staff explained several possibilities based on initial stakeholder feedback.These include direct distribution to regional parks implementing agencies(equal distribution, formula distribution or reimbursements of a local match),competitive grants to implementing agencies, and centralized regional initiatives including visitor research,a marketing campaign to drive visitors,and other equity efforts. The Council will decide how to use the funds in time for its 2020 budget.Metro Cities will continue to monitor Council discussions and decisions on how use of the interest earnings will transition from a specific park to a regional distribution. Feedback Requested!Metro Cities'License&Permit Fee Survey Metro Cities has provided a License and Permit Fee Survey biennially for several years,and were at the time when we would normally begin to open the survey for updates.The vendor Metro Cities contracts with has notified us that the survey software needs significant upgrades and Metro Cities will hold on updating the survey to address the necessary upgrades. This presents an opportunity to examine the survey product and determine member satisfaction levels and future needs.Metro Cities is forming a focus group to determine how the survey is utilized,its benefits and challenges,whether the survey should continue,and what a survey should look like going forward.We want to determine whether and how the survey meets your needs to ensure that this is a useful product. We would like to know-as soon as possible-whether you have an interest in serving on the focus group.The time commitment is expected to be three to four meetings over the summer and fall.Your input is invaluable as we examine the survey product.Regardless of whether or not you serve on the focus group,we Invite and encourage you to share any feedback from your experience using the License and Permit Fee Survey or options for the survey that you wish would be available.Please email ki........ g. Please note[Both the coordinator side and the results side of the survey are now closed.Please contact Kimberly if you wish to access the information. Questions or comments?Please contact Kimberly at 651-215-4000 or Don't Forget!Join Metro Cities at the June LMC Annual Conference If you're attending the 2019 League of MN Clties'Annual Conference in June in Duluth at the Duluth Entertainment Convention Center(DECC),plan to join your metro colleagues for breakfast on Thursday, June 27th at 7:30 am.This is a great chance to mingle with other Metro Cities members and to hear a brief update from Metro Cities staff. If you're able to join us,please let Kimberly know at 651-215-4000 or kimberly®metrocitiesmn.oEg as soon as possible.We hope to see you there! 2019 Metro Cities Policy Committees If you haven't signed up,we hope you will consider joining a Metro Cities policy committee this summer! Metro Cities'policy development process begins in July,with policy committees meeting once per month in July,August,and September.The Transportation and General Government,Municipal Revenues,Metropolitan Agencies,Housing and Economic Development committees recommend legislative policies to the Board for the next legislative session,and once adopted by the Board and membership,policies serve as a foundation for our work at Metro Cities.Being part of this process is a great opportunity for your city to have a voice in the policies and legislative process. Policy committees are open to city staff and elected officials and the form to sign-up can be found on our website on the Policy Committees oaae.Whether you are new or have participated in the past,we welcome your participation on one or more committees in 2019.Committees typically host a variety of speakers on topics related to policies to provide relevant information for committees. 34 of 59 https://www.metrocitiesmn.org/index.php?option=com dai1yp1anetb1og&view=entry8cyea... 6/17/2019 Metro Cities News 6/14/19 Page 5 of 5 Remember Committees meet either Monday,Tuesday,or Wednesday from 9:00-11:30 am or from 1:00-3:30. The committees and dates are listed on our website here,and updates and additional information will be posted on these pages as it becomes available. • Please actively sign up HERE for the committee(s)you wish to attend,even if you have been on the committee in the past.This will help us keep our rosters current and correct! All meetings take place at the Metro Citles/LMC building at 145 University Avenue W.,St Paul. We look forward to seeing you! Questions?Contact Kimberly at 651-215-4000 or kimberlyametrocitiesmn.ora. Share this post: Metro Cities(Association of Metropolitan Municipalities) 145 University Ave W,Suite 125 $t.Paul,MN 55103 651-215-4000 Back to top A id by Q N4ffAWaWa; 35 of 59 https://wwwmetrocitiesmn.org/index.php?option=com dailyplanetblog&view--entry&yea... 6/17/2019 Metro Cities News 6/21/19 Page 1 of 2 CMETRO MemberLogin 0 R4IES Association or pn Mt.tl s Home Metro Cities News About Us Meetings&Events Membership Advocacy Policies&Resources MAMA Return to the blog upcoming Events Metro Cities News 6/21/19 by Kimberly C!auccchi Thu Jun 27.2019 Category:Newsletter Metra Cftias Breakfast fa)the LMC Annual Conference Category:Meeting Jun Mon Jul a,2019 21 In This Issue: Transportation&General Govemment Pollcv Committee • Don't Forget!Join Metro Cities at the June LMC;Annual Conference Al Category:Policy committee TA_^Approves Transportation Improvement Plen(LP)Draft for Public Comment TaeJw9 za19 T _,.,. FeeIdback Rea st dl Metro hi 'License&Pgrmit FF ry v Municipal Revenues Policy 2019 Metro Cities Policy Committees committee#1 Category:Polity Comm"'"' a Wed Jul 10,2019 Metropolitan Agencies Policy Don't Forget!Join Metro Cities at the June LMC Annual Conference Committee#1 category:Policy Commm" If you're attending the 2019 League of MN Cities'Annual Conference in June in Duluth at the Duluth Wed Jul 10.2019 Entertainment Convention Center(DECC),plan to join your metro colleagues for breakfast next Housing&Economic Thursday,June 27th at 7:30 am.This is a great chance to mingle with other Metro Cities members and Development:Pollcv Committee to hear a brief update from Metro Cities staff.We hope to see you there! Category:PolicyCommiOee View Full Calendar TAB Approves Transportation Improvement Plan(TIP)Draft for Public Comment Announcements The Transportation Advisory Board(TAB)recently approved the Draft 2020-2023 Transportation Improvement Plan(TIP)to be released for public comment.The TIP addresses transportation projects It's time to plan for 2019 Metro in the region that are prioritized by year and that use federal funds or have effects on air quality. cores Policy committees!Metro Cltles'policy committees annually Projects include highways,transit,bikeway and pedestrian improvements.All metropolitan planning develop policy recommendations organizations(MPOs)must draft a TIP.To view the draft TIP,click based on input from member city representatives.Committees Public comments will be received until 5:00 pm,Friday,August 9.Comments can be received in the submit policy recommendations following ways: to the Board of Directors for review,modification and Mail:Metropolitan Council,390 Robert St.N.,St.Paul,MN 55101 distribution to the general E-mail:public.infoOmetc.state.mn-us membership.The membership will Public Comment Line:651-602-1500 meet In November,prior to the legislative session,to debate and Public comment can also be made in person at two pop-up meetings to be held at the Mill Ruins Park at adopt Metro Cities'pollcles for the the entrance to the Stone Arch Bridge in Minneapolis.The meetings will be held on the following dates: 2020 legislative session. Click to view the schedule for this summer and for the link to • Saturday.July 20 from 1 to 3 pm • Tgesday.July 23 from 4:30 to 6:30 om sign up. The final document will be considered at the August 21 TAB meeting,which begins at 12:30 pm.The Met Council plans to consider final adoption of the program on September 25. For more information,contact Joe Barbeau,Metropolitan Council,at 651-602-1705 or iosgph.barbeau@tnetc.state mn us. 36 of 59 https://www.metrocitiesmn.org/index-php?option=com dailyplanetblog&view=entry&yea... 6/21/2019 Metro Cities News 6/21/19 Page 2 of 2 Our Tweets Feedback Requested!Metro Cities'License&Permit Fee Survey Tweets by Metro Cities has provided a License and Permit Fee Survey for several years,and we're at the time when @MetroCifiesMN we would begin to open the survey for updates.However,the survey software needs significant r% MetroCines upgrades and updates are on hold to address the necessary upgrades.Metro Cities Is forming a focus @MelrocitiesMN group to determine how the survey is utilized,its benefits,member needs and what a survey should look Met Council Transportation like going forward.We want to ensure that this is a useful product for our members. Advisory Bd,which includes metro city officials,hears If you are interested in serving,please let us know as soon as possible.The time commitment is legislative update. expected to be three to four meetings.Your input is important,and whether or not you serve on the focus group,we encourage you to share your experiences using the License and Permit Fee Survey or options for the survey that you wish would be available.Please email Please note!Both the coordinator side and the results side of the survey are now closed.Please contact Kimberly if you wish to access the information. Questions or comments?Please contact Kimberly at 651-215-4000 or Jun 1.9,2019 Metro Cities ReWeeted 2019 Metro Cities Policy Committees MinnesotaBrownfields @MNBrownfields If you haven't signed up,we hope you will consider joining a Metro Cities policy committee this summer! Embed View an Twitter Metro Cities'policy development process begins mid-July(three short weeks away).The Transportation and General Government,Municipal Revenues,Metropolitan Agencies,Housing and Economic Development committees recommend legislative policies to the Board,and once adopted by the Board and membership,policies serve as a foundation for Metro Cities'state and regional advocacy work. Being part of this process is a great opportunity for your city to have a voice in the policies and legislative process. Policy committees are open to city staff and elected officials and the form to sign-up can be found on our website on the P0I4cy Committees oa0e.Whether you are new or have participated In the past,we welcome your participation on one or more committees in 2019.Committees typically host a variety of speakers on topics related to policies to provide relevant information for committees. Remember. Committees meet either Monday,Tuesday,or Wednesday from 9:00-11:30 am or from 1:00-3:30. The committees and dates are listed on our website hgr%and updates and additional information will be posted on these pages as It becomes available. Please actively sign up HFRF for the committee(s)you wish to attend,even if you have been on the committee in the past.This will help us keep our rosters current and correct! All meetings take place at the Metro Cites/LMC building at 145 University Avenue W.,St.Paul. We look forward to seeing you! Questions?Contact Kimberly at 651-215-4000 or,jrnber!*metrocf t't'esmn.oro. Share this post: Metro Cities(Association of Metropolitan Municipalities) y 145 University Ave W,Sufte 125 St.Paul,MN 55103 651-215-4000 Backtotop A powered by ID N0*KC6ft 37 of 59 https://www.metrocitiesmn.org/index.php?option=com dailyplanetblog&view—entry&yea... 6/21/2019 MAOSC State Newsletter—June 17,2019 Special Session#2 likely Prospects for a second special session with a very limited agenda are growing steadily.While lawmakers are in general agreement that something has to be done about the high cost of life-saving insulin,how to pay for it is the major sticking point.Republicans oppose a new pharmaceutical fee while the DFL House and governor oppose tapping into general tax revenue. While other legislative topics could enter into the special session discussion,prospects of also including General Obligation Bonding still appear to be remote.The global agreement reached among leaders last month included$440 million in GO bonds,but participation by minority members of both the House and Senate required to reach a 60 percent majority vote did not materialize. httas//www minnvost cpm/state-aovemment/2019/06/wak-open-to-callina-special session-on-emeraencv-Insulin-access if theres bipartisan agreement on-o-solution Annexation hearings planned State statutes related to municipal annexation have been stable over the past several years with virtually no discussion of making major changes in the laws.That situation could change soon,though.When MAOSC staff met with Senate Local Government Chair Dan Hall late in the 2019 regular legislative session,we learned that interim hearings on Annexation are planned. At this time,it appears likely that those hearings will be planned for sometime in the fall,according to committee staff-with meeting specifics yet to be announced.We'll keep member cities informed as additional information becomes available.MAOSC generally supports the current annexation statutes and policies ensuring that municipalities continue to most efficiently provide services in locations intensively developed for residential,commercial,industrial,and many other governmental purposes. Census question decision expected The U.S.Supreme Court is likely to hand down a 2020 Census-related verdict either today(June 17)or a week from now deciding on the appropriateness of adding a question about citizenship.Lower courts ruled against the Trump administration's plan to add the citizenship question based on concerns that the question will result in significant undercounting of undocumented Latinos and other immigrant minorities.New evidence of political strategy entering into the administration's decision on the census question came forward after oral arguments were heard in April.The new evidence adds an element of uncertainty about the coming decision. Conventional wisdom indicates electoral shifts will be triggered by a full count that includes non-citizen immigrants tending to favor Democratic states overall.Yet,the same logic argues in the opposite direction regarding Minnesota specifically.Current projections indicate Minnesota is more-likely-than-not to lose one of its eight Congressional seats due to redistricting based on the 2020 census. However,the Democratic-leaning state has a far-lower ratio of immigrants than most states,and therefore would tend to be over- represented in the census count if undocumented persons are significantly undercounted. haps://thehill.cpm/regulation/court-battles/446436-new-evidence-throws-census-citizenship-case-into-auestion w Minnesota Association of Small Cities Shorts 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 emailing James Robins at. inr@JamesRobins.com. In life and in death,Minnesotans are taking pride in the example set by accomplished runner Gabriele Grunewald.The native of Perham was diagnosed with cancer a decade ago,but lived her 32 years of life to the fullest.Her funeral is today(6-17-2019): http://www.startribune com/aabriele-arunewald-former-gophers-runner-and-notional-distance-champion-dies-after-decade-lona battle with cancer/S11162662/ 38 of 59 We are glad to learn that the residents of Hamburg and New Germany are so darn happyl That's because the member cities are located in Carver County,ranked as the happiest county in the nation.The annual ranking is put together by the financial tech company SmartAsset: https://smartasset.corn/checkina-account/happiest-places-in-america-2019-edition Community and Economic Development Associates(CEDA)has announced that Harmony was recently awarded a$46,000 grant to upgrade electrical equipment for its wastewater treatment plant: httos://www.cedauso.com/2019/06/ceda-authors-and-is-awarded-46000-arant-for-the-city-of-harmo W' Major street work in Ostrander has temporarily displaced the city council's usual community center meeting place,relocated to a church for now.Engineering for the major construction project is being handled by Bolton&Menk: https://www.bluffc_ ,nt0inews.com/content/cons,,t a"von-moves-osur aurMuarr-city-council More than half of the Milan city residents are Micronesian immigrants.The kids there have started a"S O'clock walk" program every Tuesday and Saturday to get the townspeople moving and socializing: https://www.inforum.comlnews%2320603-Youth-from-three-Minnesota-cities-seek-to-connect-immigrant-communities The multiyear collaborations between Minnesota cities and their German counterparts to develop responses to climate change brought really cool energy innovation to Warren after City Administrator and MAOSC Treasurer Shannon Mortenson observed heat-seeking drones in action on her visit to partner city Arnsberg,Germany: https://www.mornews.ora/story/2019/06/11/minnesoto-german-cities-team-up-to-aetsmart-on-climate-and-enerav Although the timing was not known until last month,Xcel Energy was expected to eventually phase-out its remaining Minnesota coal plants-including the Allen S. King plant in Oak Park Heights.The plant is set to close in 2028—considerably earlier than had been previously expected.Small cities with major generating plants lose substantial tax base when they close,of course.The cities affected are expected to seek state help to mitigate the unavoidable negative fiscal impact of significant lost tax capacity: httns://www.twincities.com/1019/05/20/xcel-plans-to-be-coal-free-bv 2030-alien s-kina-plant to-close-in-2028/ Working with Chatfield-based CEDA,Eyota has brought in a new chiropractic office and owner,Dr.Mark Westphal,with some help from various grants and loans for office remodeling: haps: www.cedausa.com/2019/06/evota-mn-welcomes-dr-westvhal-0f-evota-chiroaractic/ Town Ball features underway Many dozens of MAOSC-member cities have the good fortune to host town ball teams in their communities.This summer,Fox Sports North(FSN)will air eight 30-minute episodes featuring Town Ball in Minnesota.Shot border-to-border across the state, "Town Ball,Uniquely Minnesota"looks at Town Ball's past and present,including player interviews,team profiles,their ballparks, and the communities they represent. For those who have missed the early segments or do not subscribe to FSN,the episodes will be posted for Internet viewing on a delayed basis.The first segment,"Minnesota's Best Kept Secret,"aired originally on May 16 and is now available on the Internet. Fun fact:The 300 town ball teams in Minnesota make it easily the most prolific state in the country in terms of participation. https://www.to wnbolimn.com Child care shortage explored Previously in brief summaries of 2019 legislative changes,MAOSC noted that very little has changed related to funding for child care despite the growing shortages experienced in many small cities and other communities across the state—based on the legislative spreadsheets.Of course,the many complex reasons for the shortage go beyond state funding issues.With further information now available,we want to report that significant regulatory changes for both child care centers and home-based family child care were passed this year,and could potentially relieve some pressure.The regulatory changes will take place effective Sept.30,2019. The loss of family child care options in rural areas has been especially challenging for some smaller rural communities in recent years.The Center for Rural Policy and Development helped focus greater attention to child care challenges in its substantial study 39 of 59 when preliminary findings were released earlier this year(see below).The survey of providers included family and center-based child care operations across the entire state,including in the Twin Cities area. httas://www.ruralmn.ora/child-core-moving-on-to-the-why/ httas//mn aov/ahs/general-oublic/licensina/leaislative-chances/ Linking LGA&Streets funding In legislative testimony this year,MAOSC consistently pointed out how Local Government Aid(LGA)serves several broad purposes and should not be confused as a substitute for targeted Small Cities Streets Assistance. It didn't help that the governor's two-year budget plan had proposed a substantial increase in LGA,but zeroed out the existing$16 million in one-time Street Assistance— despite seeking a 20-cent gas tax increase that would benefit state,county,larger(MSA)cities and township roads.Essentially,the governor got most of what he requested regarding these particular provisions,except the 20-cent gas tax and vehicle tab fee increase,of course. MAOSC seeks to include cities 5,000-and-under in the Highway User Tax Distribution Fund (HUTDF)proceeds supported by gas tax and vehicle tab fees.Other than our small cities,all those other jurisdictions responsible for roads and streets get HUTDF funds based logically on formula factors related to road mileage and population;but LGA formula distribution is far-more variable-based on various needs-related factors such as age of infrastructure,property wealth and tax-raising capacity. Although cities 5,000 and under are home to slightly less than 15 percent of the state residents living in municipalities,these Small Cities will claim 30.5 percent of the new LGA funding for 2020.Still,that funding increase is expected to total only$17.1 million additional for the coming biennium,or a net of$1.1 million when loss of$16 million in Streets Assistance is taken into account. Broken down to a per person basis,the aggregate gain for Small Cities is only$1.65 per capita for the next two years.Street maintenance costs are likely to go up by more than$29 per person-assuming that costs continue to rise at the same rate as had during the five most-recent years measured(based on 2012-17 data from the latest State Auditor reports). Ultimately,12 percent of Minnesota cities get no LGA based on the existing needs factors,and many others get only a fairly small portion.These cities still have substantial streets costs,of course,but virtually no access to state funds for their maintenance. Unfortunately,some state policy makers and legislators often link LGA and Streets Assistance as essentially the same thing.The confusion worked against the interests of Small Cities this year.We will continue to educate and work toward a fairer solution. MAOSC Annual Meeting set for Duluth The MAOSC annual meeting will be conducted as part of the League of Minnesota Cities(LMC)gathering in Duluth.The annual meeting is set for Wednesday,June 26,2 pm,St. Louis River Room of the Duluth Entertainment Convention Center,350 Harbor Dr., Duluth,MN 55802.As always,representatives of member cities are invited and encouraged to attend the meeting. The MAOSC Board of Directors has preliminarily approved revision of MAOSC By-laws to be considered for final approval at the annual meeting.Approval of the contract for hiring a new Executive Director is also expected to be on the agenda. By-laws revision details:httos://www.maosc.orfindex.aso?SEC=2F97882B-554E-4453-8042-7D4B23456E6A&Tvne=B BASIC -END- 40 of 59 MAOSC 2019 Legislative Wrap-Up—June 10,2019 Mixed results for Small Cities The 2019 Legislative Session and Special Session featured compromises on all sides to reach agreement,and the fortunes for Small Cities also had positives and negatives in the effort to reach a fair balance.Most MAOSC member cities will benefit from substantial increases in Local Government Aid(LGA)for 2020 and 2021,but many communities will experience net fiscal losses from the state due to the total lack of commitment made to local transportation needs.Some progress was made in the areas of Housing, Broadband,Health Care and Election Security,but little was achieved in the high priority areas of Water Infrastructure and expansion of Child Care opportunities.Details within these broad categories are posted below. Beyond the perspective of Small Cities,the broader overall 2019 legislative outcome likely will be remembered for managing to bridge divided government to achieve limited budget,management and policy goals that extend well beyond the hard line stances and extensive gridlock of most recent years. Notable progress was made on high-profile issues such as the Opioid Crisis,Prescription Drug Pricing Transparency,Distracted Driving,Eldercare Abuse,Assisted Living facilities regulation,Water Infrastructure appropriation bonds conversion,MnLARS system replacement,Income Tax reduction and partial federal Tax Conformity. The lack of an Insulin Cost Control and Access measure in the first special session process could trigger a second special session if an agreement can be reached.Several other important,but less-visible priorities were also left unaddressed.Agreement on a general obligation(GO)bonding bill would have helped with pressing Transportation and Water Infrastructure needs,but reaching agreement on those concerns are seen by some as items that can wait until the 2020 legislative session starting in February. Now that the lawmakers have returned home,please remind your representatives that the commitment made to Small Cities came up far short,shifting tax burdens onto the local level for roads and water infrastructure needs,and forcing some difficult decisions about cutting basic services. LGA&Taxes Local Government Aid-The$26 million additional LGA to be distributed in 2020,plus another$4 million raising the base funding from$534 million to$564 million starting in 2021,will bring the total close to the previous peak allocated in 2002.Over the past two decades,the share of LGA going to cities 5,000 and under has climbed steadily to 30.5 percent of the total.Small cities will see a $7.939 million gain in 2020,and an estimated$9.16 million above current funding in 2021 and into the future. No LGA formula adjustments were included in the final version passed in special session.Of course,this LGA increase does not help the 12 percent of cities statewide that still do not receive LGA—including a few of our member cities. House Research LGA run:h is.Lwww housc,l�y�s fe,m�n...ps comm dc s 99f b1 a-c0fd-4c38-ba t' "2Sc 22Q ff paf Non-LGA cities article:h , /www.tartribksrse.co ,u s_re _d n.. hiIr-u s-sees-ieed fo,h R cltu s-1 rkwmw - a �-f m�dlr /5 & b S2 Income Tax Reduction-Due largely to favorable revenue interactions from partial federal tax conformity,funds were available to reduce the second tier income tax rate from 7.05 percent to 6.8 percent,making it the first income tax rate cut in the state since 2000.The tax bill also includes a tax break in the statewide commercial-industrial property tax levy,increases the Social Security subtraction,and broadens Working Family Tax Credit eligibility.The Department of Revenue estimates that 92.5 percent of state income tax filers will now take the standard deduction based on state conformity changes. The Health Care Provider Tax had been scheduled to disappear at the end of the current biennium,but the budget compromise results in permanently reinstating the tax at 1.8 percent,a 10 percent reduction.Republicans were successful in opposing the effort to adopt the federal Global Intangible Low Tax Income(GILTI)conformity provisions.Border Cities Enterprise Zones receive an additional$750,000 allocation. Local Option Sales Tax—Significant changes have been made relating to local sales tax authorization.Cities now must receive legislative authorization prior to holding a referendum.A clear regional benefit must be identified.Details of the project to be funded by the sales tax must be included as part of the ballot question.The more-clearly defined city council resolution must be submitted to the four identified legislative committee members before Feb.1 of the year for consideration. Original House provisions would have required far-more extensive city actions to qualify,and would have directly involved the Department of Revenue for approval.A Senate provision would have barred cities under 1,000 from seeking Local Option Sales Tax authority(even though member city Garrison succeeded in making its case and gained voter approval in 1992). 41 of 59 Local member-city provisions include half-cent local sales tax option authority for Avon,Perham and Scanlon;major fire loss assistance for Mazeppa;additional Railroad Taconite Aid for Iron Junction;and Streets Assistance restoration for Wahkon. City Historical Societies—Cities will be allowed to fund their own historical society from the property tax levy.Current law had only allowed them to fund the county's historical society. Agricultural School Bond Credit—Although cities do not directly benefit,farm properties in rural school districts will benefit from a phase in of additional school bond tax credit on agricultural land.The existing 40 percent credit increases gradually to 70 percent in 2023.Recent school bond votes have skewed heavily toward approval in urban/suburban districts,but few rural areas approved new school bond levies recently. Angel Investment Credit—The Angel Investment Credit is restored to$10 million for tax year 2021.The minimum investment threshold is reduced from$10,000 to$7,500 for projects located in greater Minnesota,and for benefitting businesses owned by veterans,women or minorities. Transportation Streets Assistance—No funding was provided for the Small Cities Assistance Account,and the Local Road Improvement Program was also zeroed out.MAOSC had pushed hard for our own first-time proposal allocating a portion of Highway User Tax Distribution Funding(HUTDF)out of 5 percent set-aside designation.In fact,Small Cities Assistance had achieved stable and sustainable base funding included for the first time in omnibus legislation during the regular session.So,there had been reason for optimism.For the biennium,the House had proposed nearly$21.3 million in base funds for Streets and the Senate had included$1.25 million- compared to the$16 million over two years in one-time funds allocated in the biennium ending June 30,2019. No Gas Tax&General Fund Revenue Shift Stays—The proposal from Gov.Tim Walz to phase-in a 20-cent gas tax was dropped despite support from the House.Small Cities Assistance would have increased under the House plan,but the governor did not have funding—even in his initial gas tax proposal.Pressure on legislators to look at new dedicated revenues from the gas tax and registration(tab)fees will likely continue next year.However,2020 is also an election year for all 201 legislators.Statutory dedication of the auto parts and repairs sales tax to roads continues—and will help fuel strong growth for the HUDTF into the future. Larger cities receiving Municipal State Aid(MSA)are expected to receive$420 million in FY 2020-21,and Townships will collect an estimated$102.9 million.Of course,Small Cities are still excluded from the HUTDF revenue,shouldering streets costs entirely on their own that have risen from an estimated$181 million in 2011 to$225 million in 2017(State Auditor report data). MnLARS replacement—Interviews with the key players in the global agreement indicated that coming together on replacing the MnLARS system was a key to reach overall success in negotiations.The new system requires various processing surcharges to pay for the new system's operations—similar to MAOSC and LMC requests over many years for a surcharge to help fund city streets costs.In addition,MnLARS replacement will cost$55.67 million,and an addition pay out of$13 million to compensate deputy registrars for problems caused by implementing of the current system prior to the phase out. Local Decisions on Speed Limits-Cities will have considerable new flexibility to change speed limits on roads under their sole control(those not under the jurisdiction of the state or counties). Under the change,a city may establish speed limits on city streets that differ from speed limits provided in state law.The local change must be implemented in a consistent and understandable manner,and appropriate speed limit signage must be erected.A second local speed limit change expands the definition of "residential roadway,"allowing cities to adopt a 25 miles per hour speed limit in newly expanded residential zones that are non- collector streets-without need for a traffic engineering study nor requiring MnDOT approval. Left lane slow pokes—Clarifying language instructs slower traffic to move to the right on multi-lane highways,and authorizes new fines.The compromise reached does not include authorization for drivers to go above the speed limit in the left lane to pass. No immigrant driver licenses—The House proposal to allow"Driver Licenses for All"did not get approved.Many small rural communities depend heavily on commuting immigrant workers,such as member city Milan,and would benefit from the change. Water Infrastructure&Natural Resources When it comes to disappointments this year—Water Infrastructure and local Transportation share something in common.A major aspect of the global budget agreement did not get legislative approval-GO bonding bill which would have totaled$440 million, based on the global agreement.A large share of those capital improvements were expected to go to road and bridge projects,as 42 of 59 well as water infrastructure facilities needs.The GO bonding requires 41 votes in the Senate and 81 votes in the House.The second year of the biennium is the usual timing for bonding bills—so expect to see a more serious effort in 2020. Legacy Funding Shift—Legacy funding for the Clean Water Fund sees a major shift toward the Board of Water and Soil Resources taking$138.4 million of the$261.26 million allocation.MPCA is funded at$46.5 million and the Public Facilities Authority at$18.3 million—with Small Communities Wastewater Treatment program getting only$250,000 for the next two years. Perhaps the biggest gain for any of our Small Cities was securing$4 million toward construction of the National Loon Center in member city Crosslake.htto://www.startribune.com/state-aaoroves-4m-to-build-national-loon-center-in-minnesota/51083338 Coming from a variety of funding sources,$1.199 million will be made available to address the Emerald Ash Borer infestation with much of the emphasis on planting replacement trees. Water Projects Bond Conversion—An early victory for Small Cities this year was the conversion of 2018 appropriation bonds for water infrastructure projects to general obligation(GO)banding,saving the state an estimated$35 million in borrowing costs over 20 years.The original bonds had been backed by environmental Legacy revenues(Environment and Natural Resources Trust Fund), triggering a constitutional legal challenge by environmental and outdoors sporting groups that could have delayed the municipal water projects indefinitely. Wastewater Treatment Optimization—The MPCA effort to assess Wastewater Treatment Optimization alternatives to enhance the performance and lifespan of many mechanical and pond systems received the full requested funding of$500,000 for FY 2020. Housing&Child Care Housing funding—No Tax Credit-Housing was a high priority for MAOSC this year,and$78 million in new investments were authorized.Programs getting additional dollars over base funding include:Challenge-$5 million,Rental Assistance for Students and the Mentally III-$4 million,Family Homeless Prevention-$3.5 million,Manufactured Housing(new program)-$2 million, Workforce Homeownership(new program)-$500,000,and$60 million in appropriation bonding in the Housing Bonding bill.Also noteworthy is an expansion of he manufactured home parks definition to allow for the increasingly popular modular home construction market.However,MAOSC also supported adoption of a new Workforce Housing Contribution Tax Credit to encourage private investment that did not gain approval in the House or Senate. Child Care-Expanded child care opportunities was a new legislative priority listing for MAOSC in 2019.Virtually no progress was made in this area this year as the focus was directed at program integrity and fraud protection—in reaction to a TV news report,and indefinite conclusions about the extent of fraud drawn by a Legislative Auditor's report released earlier this year. Health care Reinsurance,Nursing Homes,Prescription Transparency-Rural health care is a priority for MAOSC due to financial stresses on rural hospitals,limited health care insurance choices,and cost containment concerns.The special session health care compromise includes restoration of$69 million in proposed cuts to nursing home and assisted living funding.State regulation of assisted living facilities will be phased in over the next two years.For the volatile individual health care insurance market,reinsurance will continue —which should keep pricing stable,according to its advocates. A.law change focusing on improved oversight of pharmacy benefit managers(PBMs)by the Commerce Department during the regular legislative session.Questions have been raised over whether the managers are profiting off the rebates instead of using them to pass savings on to patients.The law change includes a ban on"gag clauses"that bar pharmacists from telling patients when drugs would be cheaper to buy at the pharmacy's regular price than with their co-pay,and adds a requirement that PBMs and pharmacies allow patients to get all of their prescription drug refills at once on at least one occasion annually. Broadband Border-to-Border Broadband-Gov.Walz had ambitiously proposed$70 million over the two-year budget in one-time funding for border-to-border Broadband.As a member of the Rural Broadband Coalition,MAOSC was supportive of this funding level.The budget compromise achieved just over halfway of that goal with$20.25 million yearly allocations for each of the upcoming years— $40.5 million total for FY 2020-21. 43 of 59 Public Safety,Judiciary&Jobs Playing Defense Successfully—When it came to the seemingly unrelated categories of Public Safety,Judiciary and Jobs,cities were forced to defend existing statutes and taxpayers'interests against a variety of proposed changes—and were successful for the most part.The Senate proposal to pre-empt existing and future local wage and employee benefit ordinances was not adopted in special session.Proposals related to Family Leave requirements for businesses and government also were dropped in the Jobs bill deal. Criminal Forfeiture—Striking a balance between due process for return of forfeited property seized in criminal activities and ensuring public safety prompted proposals for reform earlier this year.The state currently provides an administrative forfeiture process,and no changes were ultimately passed this year.Criminal forfeiture with stronger limits on sharing proceeds locally and elimination of administrative forfeiture had been proposed in SF 2155 and HF 1971.Both bills received initial approval in House and Senate committees,but ultimately were not considered on either of the chamber floors.MAOSC testified against the bills based on the increased uncompensated administrative burdens involved,and in support of working out a fair solution that strikes an appropriate balance between private property concerns and the essential responsibility to protect the public's safety. Retainage—Cities will lose some of their ability to hold back payments for uncompleted work after compromise language was approved regarding Retainage.Cities will have to pay out all retainage within 60 days of"substantial completion"of a project,but some funds still can be withheld—the greater of$500 or 1 percent of total contract.What constitutes"substantial completion" could result in some disputes under the law change.Previously,cities had been allowed to retain up to 5 percent until completion. Election Security Federal funds for Election Security-The$6.6 million in full funding for Minnesota from the federal-sourced Help America Vote Act (HAVA)was supported by the House and the governor—and eventually the Senate agreed to accept the full amount under the special session global agreement.The funds can be utilized over the next four years. Minnesota had been the last holdout state before finally accepting the federal election security funds. MAOSC Annual Meeting set for Duluth The MAOSC annual meeting will be conducted as part of the League of Minnesota Cities(LMC)gathering in Duluth.The annual meeting is set for Wednesday,June 26,2 pm,St.Louis River Room of the Duluth Entertainment Convention Center,350 Harbor Dr.,Duluth, MN 55802.As always,representatives of member cities are invited and encouraged to attend the meeting. The MAOSC Board of Directors has preliminarily approved revision of MAOSC By-laws to be considered for final approval at the annual meeting.By-laws revision details:httas://www.maosc.ora/index.aso?SEC=2F97882B-554E-4453-8D42-7D4B23456E6A&Tvue=B BASIC -END- 44 of 59 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday,June 8, 2019 11:47 AM To: Eric Johnson Subject: Fwd: How Northeastern Illinois Aims to Become the Greenest Region For weekly notes ----Original Message--- From: National League of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Jun 8, 2019 6:03 am Subject: How Northeastern Illinois Aims to Become the Greenest Region View in browser The Weekly y� aT _ F t n How Northeastern Illinois Aims to Become the Greenest Region 45 of 59 Solar power development is skyrocketing, communities are hiring new sustainability coordinators, and mayors are taking a literal seat at the table in global environmental conferences. It's all fueled by the nation's largest regional collaboration on sustainability. REGISTRATION e , NovemberGet to know San Antonio CITY SUMMIT Vi$F7aUR4VEB$?7ff? NATIONALl,AOUEOFCITIES SUMIMM a. What Makes A Resident? Counting Your Community for the 2020 Census Last month, we wrote about counting hard-to-count , , • . communities; this month, we take a deep dive into the residents you may have questions about, like snow birds, college students and renters. Gary, Indiana Mayor Touts Importance of City- Supported Afterschool Programs The mayor met a young boy at the Gary, Indiana Boys and 'ro Girls Club "celebrity" basketball game. He told her, "I want to CIAtell you something later."What happened next underscores why afterschool programs are so important. Get Ready For Small Cities Month a.buonc�courage andCammunity Celebrate Small Cities Month this July and tell NLC why you love your small community. This year's theme: Stories of Resilience, Courage and Community. NLC wants to highlight the experiences that make small cities, towns and villages unique. Share your story. News Growing Urban Conservationists Parks and Recreation - June 05, 2019 i 46 of 59 Nashville Mayor David Briley favors cutting court fines and fees The Tennessean - June 03, 2019 What a $250,000 home looks like in 25 major US cities Business Insider- June 03, 2019 Announcements Coming Soon: New Newsletter on Race, Equity and Leadership NLC's Race, Equity and Leadership (REAL) initiative strengthens local leaders' knowledge and capacity to build more equitable communities. Sign-, up to join the free REAL newsletter and learn about upcoming trainings, online resources and the tools you need to help residents from all backgrounds thrive. Subscribe now. City Fiscal Conditions Survey How well is your community prepared for the next economic downturn? NLC's 2019 survey will be used to gauge the fiscal needs of cities and towns across the country, to communicate your needs with Federal and state partners, and to inform a new guide to help local leaders strengthen their budgets. Make your voice heard - take the survey here by Friday, June 14, Summer Learning Week Twitter Chat Join NLC, the National Summer Learning Association, and the Afterschool Alliance on Thursday, June 13 at 2 - 3 p.m. ET for a Twitter chat discussion on how communities can engage in Summer Learning Week. Share your tips and resources for communities using the hashtag #Cities4Summer Louisville Racial Equity Forum NLC and the Council on Foundations will convene the last of three conversations across the United States on racial equity on June 17 in Louisville, KY. Philanthropic and government leaders will discuss the social impact of structural racism while highlighting current efforts to dissolve and resolve racial conflict and disparity. Register here. Events 3 47 of 59 November 20 - 23 NLC 2019 City Summit (San Antonio, Texas) Job Postings City Manager -- City of Maplewood, Missouri Transit Director-- City of Ames, Iowa Director of Housing -- City of Seattle LEAGM r CMS l You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic 4 48 of 59 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday,June 18,2019 4:25 PM To: Eric Johnson Subject: Fwd: Federal Advocacy Update:Week of lune 18, 2019 For weekly notes ----Original Message— From: National League of Cities<advocacy@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Tue, Jun 18, 2019 3:41 pm Subject: Federal Advocacy Update: Week of June 18, 2019 If this message is not displaying properly,please view the online version NATIONAL NLCOPCIIIES Federal Advocacy Update In This Issue - Take Action on Workforce Development! - White House and Congress Resuming Bipartisan Talks to Prevent FY20 Government Shutdown - Thune, Schatz Reintroduce STREAMLINE Act to Preempt Local Small Cell Authority - IRS Finalizes Rules on SALT Credits - House Hearing on FEMA's Readiness for Future Disasters - EPA Issues Proposed Rule for Perchlorate in Drinking Water - Delivery Drones, Unauthorized Drones and New FAA Advisory Committee Take Off - FCC Rules on Robocalling Prevention Take Action on Workforce Development! Stephanie Martinez-Ruckman, 202.626.3098 and Zachary Gossett, 202.465.2520 1 49 of 59 Ask your members of Congress to cosponsor the Building U.S. Infrastructure by Leveraging Demands for Skills Act(BUILDS Act)—H.R. 2531 and S. 1517. Send tweets to your members of Congress and thank the original cosponsors here. By creating a pipeline of skilled and trained workers, the BUILDS Act is a critical component of any infrastructure package that aims to rebuild and reimagine America's roads, bridges, water and broadband. NLC sent this letter to endorse the act and thank the original cosponsors for their leadership. Does the BUILDS Act mean a lot to your city, town or village? Email Stephanie to get more involved! White House and Congress Resuming Bipartisan Talks to Prevent FY20 Government Shutdown Michael Wallace- 202.626.3025 Administration officials and congressional leaders are resuming efforts this week to reach a top level spending deal for Fiscal Year 2020 (FY20). U.S. Treasury Secretary Steven Mnuchin, who is reportedly leading negotiations for the White House, is scheduled to meet with House leaders—including Speaker Nancy Pelosi (D-CA-12) and Minority Leader Kevin McCarthy (R-CA-23)—and Senate leaders, including Majority Leader Mitch McConnell (R-KY) and Minority Leader Chuck Schumer (D-NY). The two immediate tasks before them are reaching consensus on overall defense and non-defense discretionary spending levels and raising the federal debt limit to prevent the possibility of default on national debt. Failure on either task would significantly impact cities. According to Fitch Ratings, the twin possibilities of another government shutdown and default on the federal government's obligations could lower the country's Triple-A credit rating. Should that happen, not only would federal assistance for cities fall but also borrowing costs would rise as a result of spiking interest rates. 2 50 of 59 Although the president's position is unclear, reports suggest the Administration supports a one-year continuing resolution that would keep funding levels generally flat. Congressional leaders have indicated support for another two-year spending deal that would allow for yet-to-be-determined increases in defense and non-defense spending. NLC is urging Congress to reach a two-year bipartisan spending deal that lessens any possibility of another government shutdown over that term. The House Appropriations Committee is proceeding regardless of current leadership talks. The committee has approved an overall allocation of$1.295 trillion in discretionary spending for FY20, which would permit modest increases for most federal agencies including a 7% increase for both the Transportation, Housing, and Urban Development appropriations bill and the Labor, Health and Human Services, and Education appropriations bill. For cities, towns and villages facing growing demands for both housing and infrastructure, the proposed increases are a welcome development. It is unclear, however, if the spending levels approved in the House would have enough support to pass in the Senate. So far, the Senate appears to be waiting to see if an overall spending deal can be struck before advancing any FY20 spending bills. NLC is continuing to track budget and appropriations developments on our website. You can find the latest specific funding proposals by program here. Thune, Schatz Reintroduce STREAMLINE Act to Preempt Local Small Cell Authority Angelina Panettieri, 202.626.3196 Senators John Thune (R-SD) and Brian Schatz (D-HI) have reintroduced the Streamlining The Rapid Evolution And Modernization of Leading-edge Infrastructure Necessary to Enhance Small Cell Deployment Act (STREAMLINE Small Cell Deployment Act)—S. 1699—despite opposition from state and local governments. The bill would enshrine in statute many of the preemptions created by the September 2018 FCC order limiting local authority over small cell wireless deployments in public rights of way. 3 51 of 59 However, the bill would also impose a "deemed granted" provision, in which wireless siting applications would automatically be approved if a local government missed application review deadlines. NLC, along with numerous state and local government organizations, opposed this bill during the previous Congress and will continue to work to defeat it. For a template letter to send to your senators opposing the bill, click here—if you send a letter this way, please send a copy to Angelina. To send an email directly to your senators through NLC's message system, click here. IRS Finalizes Rules on SALT Credits Brian Egan. 202.626.3107 On June 11, the Internal Revenue Service (IRS) released final regulations on the federal deductibility of charitable contributions if the taxpayer receives corresponding state/local tax credits_ The final rules larnely mirror those proposed late last summer. IRS issued the initial proposal as a response to several states authorizing or expanding state charitable tax credit programs in the wake of the $10K cap to the state and local tax (SALT) deduction imposed by the Tax Cuts and Jobs Act (TCJA). While the measure primarily targeted these state actions, it applies to all state/local tax credits, including those for contributions to schools, public safety funds and land conservation efforts. Under the new rules, taxpayers will need to subtract the value of state/local tax credits from their charitable deductions on federal tax returns, if the state and local credits are worth more than 15 percent of the value of the contribution. For example, if a $1,000 donation comes with a $600 local credit (a 60 percent credit), the taxpayer will only be able to write off$400 worth of the contribution on their federal taxes. However, the proposal will not change the value of federal charitable deductions that are coupled with state/local deductions. IRS also issued a Notice of Proposed Rulemaking (Notice 2019-12) to provide a safe harbor that would allow taxpayers to count the newly disallowed portions of a charitable deduction toward their SALT deduction, assuming it remains under the $1 OK cap. 4 52 of 59 The new rules overturn the longstanding precedent that a taxpayer's receipt of a state/local tax credit was not a source of income, but rather a state or local government using its authority to adjust a resident's tax liability. NLC reiterated concerns of local control and unintended consequences of such a drastic course change in our comments submitted to IRS last fall. NLC continues to support efforts to remove the $10K cap on the SALT deduction and protect local decision making when it comes to setting local tax rates. House Hearing on FEMA's Readiness for Future Disasters Yucer ors, 202.626.312 On June 12, the U.S. House Homeland Security Committee held a hearing titled, "Assessing FEMA's Readiness for Future Disasters." With increasing number of disasters hitting communities across the country, the hearing looked to examine FEMA's ability to respond to and provide recovery assistance for future disasters. Members of Congress questioned Peter Gaynor, Acting Administrator of FEMA, about recent reports by the Government Accountability Office (GAO) that criticized the agency's slow response and staffing challenges that have plagued the agency's ability to properly deal with the ongoing recovery efforts resulting from large number of natural disasters that occurred over the past couple of years. NLC submitted comments to the Committee which stated, "NLC recognizes that the federal government's ability, including FEMA, to help local governments recovery quickly after a disaster has been severely impacted by the sheer number of disasters that have occurred over the past couple of years. Delays in federal assistance is putting the recovery efforts in cities, towns and villages that have been hit the hardest by the recent disasters in jeopardy. Without immediate federal support, the losses to the local economy, jobs, and population mean it will take these communities much longer to recover and rebuild." The statement also urged "the federal government to change the way our nation sets its federal investment priorities. Resilience and sustainability of critical lifelines and services to communities should be a top priority to help protect communities from future disasters. Building infrastructure to withstand future devastation caused by climate change will not only save taxpayers money, it will ensure communities 5 53 of 59 and their economies will recover quickly after a disaster." Click here to view full comments. EPA Issues Proposed Rule for Perchlorate in Drinking Water Carolyn Berndt, 202.626.3107 On May 23, the U.S. Environmental Protection Agency (EPA) issued a notice f proposed rulemaking seeking public input on a range of options regarding the regulation of perchlorate in public drinking water systems. The agency is seeking comment on a proposed National Primary Drinking Water Regulation for perchlorate to establish a Maximum Contaminant Level (MCL) and a health-based Maximum Contaminant Level Goal (MCLG) at 56 micrograms per liter. In addition, the agency is seeking comment on three alternative regulatory options: • a MCL and MCLG for perchlorate set at 18 micrograms per liter, • a MCL and MCLG for perchlorate set at 90 micrograms per liter, • withdrawal of the agency's 2011 determination to regulate perchlorate in drinking water. The agency is requesting comment on all relevant aspects of the proposed rule but is especially interested in the perchlorate monitoring and reporting requirements for public water systems and a list of treatment technologies that would enable water systems to comply with the MCL, including affordable compliance technologies for small systems serving 10,000 persons or less. Perchlorate is a manufactured chemical ion commonly used as an oxidizer in rocket propellants, munitions, fireworks, airbag initiators for vehicles, matches, and signal flares. It is also naturally occurring in some fertilizers. Perchlorate is highly soluble and dissociates completely, making it difficult to remove from water. 6 54 of 59 In 2011 , EPA determined that perchlorate meets the Safe Drinking Water Act criteria for regulation as a contaminant. The agency found that perchlorate may have an adverse effect on human health and is known to occur in public drinking water systems with a frequency and at levels that present a public health concern. With this determination, EPA was required to promulgate a final rule by August 2014. In 2016, a lawsuit was filed against the agency for failure to meet that deadline. Currently, EPA is under a consent decree that requires the agency to finalize a rule by December 19, 2019. On June 5, EPA held a briefing for state and local government groups on the proposed rule. EPA will accept public comment on the proposed rule for 60 days following publication in the Federal Register. NLC will likely submit comments. If your city has any information to share about how this proposed rulemaking could affect your city, please contact Carolyn. Delivery Drones, Unauthorized Drones and New FAA Advisory Committee Take Off Briitney Kohler, 202.626.316 Across the country, pilot drone projects with the Federal Aviation Administration (FAA) are opening up new opportunities for uses—Google Wing will begin local deliveries in Blacksburg, Virginia; Uber will deliver McDonalds in San Diego; and UPS in Raleigh, North Carolina, will speed deliveries at WakeMed Hospital. While these are pilots, the FAA is working to advance the rules passed by Congress so that drone flights can take off anywhere in the United States in a global race to catch up with Australia and Japan. The FAA's work is being advised by the Drone Advisory Committee where NLC has a seat at the table with Wade Troxell, Mayor of Fort Collins, Colorado. On June 6, the Drone Advisory Committee (DAC) met for the first time in over a year. DAC is made up of representative stakeholders from the industry and government to advise the FAA on critical issues like how local police will identify and engage with drones, who has authority to take drones out of the sky, and how city departments and emergency responders will be licensed to use drones in the near future. The Committee leaders are setting a robust schedule for a 90-day 7 55 of 59 response on a Remote ID rule which should allow for identification of the drone operator. This will be a huge step forward for law enforcement to assess between the clueless, the careless and the criminal operator. This is top of mind for cities, airports and the FAA after three major incidents—a 33-hour Christmas travel shutdown at London's Gatwick airport affecting 140,000 passengers; a unauthorized drone hovering over Fenway Park in Boston in April, and most significantly, in Atlanta at the Superbowl federal officials with designated authority used counter-drone tools and still could not keep all the drones out of the "No Drone Zone." NLC will continue to be on the forefront of the drone issue to both embrace the potential in our skies and advocate for the role of cities, towns and villages as new rules are developed. If your city is interested in drones or considering a change to local ordinances, reach out to Brittney Kohler so you can be added to our list of cities for early information. FCC Rules on Robocalling Prevention Angelina Panettieri, 202.626.3196 During its June Open Meeting, the Federal Communications Commission (FCC) approved an order enabling telephone providers to block suspected illegal robocalls. The order allows, but does not require, phone service providers to enroll customers in robocall-blocking services. The order stopped short of a larger reconsideration of the legal framework around robocalls, and which calls should be legally allowable. Democratic FCC Commissioners Geoffrey Starks and Jessica Rosenworcel have raised concerns that the order does not go far enough, and robocall blocking services should be provided to consumers for free by telecom providers. During their vote statements at the FCC meeting, and during a June 12 oversight hearing, both commissioners said that they plan to continue pushing for robocall blocking services to be made available for free to consumers. Commissioner Rosenworcel also noted during the oversight hearing that Congress is also considering action to limit robocalls. Last month, the Senate passed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, which would require telephone service providers to implement certain call s 56 of 59 blocking technologies, direct the FCC to promulgate rules around use of that technology, and establish an interagency working group to improve enforcement of existing robocalling laws and penalties. The House Energy and Commerce Committee is expected to take up this legislation, which passed with bipartisan support in the Senate, and pass it out of committee quickly. N W Wffivc=ff MwL KID 6�1VANSWOMM" You may opt out of email communications from NLC at any time. Update your communication preferences This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic 9 57 of 59 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Tuesday,June 18, 2019 5:43 PM To: Eric Johnson Subject: Fwd: Legislative Update-June 18,2019 For weekly notes ----Original Message----- From: rep.shelly.christensen<rep.shelly.christensen@house.mn> To: Announcements from Representative Shelly Christensen <rep_Shelly_christensen_list@ww3.house.leg.state.mn.us> Sent: Tue, Jun 18, 2019 4:50 pm Subject: Legislative Update- June 18, 2019 Shelly Christensen FAMMESM MUM SIF MMM DIST110",nB Dear Neighbors, I hope everyone has been enjoying the summer so far! As you may know, the Minnesota House of Representatives adjourned for the year on May 25 after passing our state budget. As one of the only divided state legislatures in the nation, we were able to prove that Minnesotans can still come together to craft legislation that makes our state stronger. Next Wednesday, June 26, 1 will be holding a listening session at Lake Elmo Library to discuss the conclusion of the 2019 session and hear your thoughts and concerns about what you would like to see next year. End of Session Update and Listening Session Wednesday, June 26 - 6:30 PM to 7:45 PM Lake Elmo Library, 3537 Lake Elmo Ave North You can click the image below to RSVP on our Facebook event page: i 58 of 59 End of Session Update & Listening Session with Representative Shelly Christensen Wednesday Lake Elmo Library June 26 3537 Lake Elmo Ave N 6:30pm-7.45pm Lakc Elmo,MN 55042 1 hope to see you there! Sincerely, Representative Shelly Christensen 0 click to unsubscribe z 59 of 59