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HomeMy WebLinkAboutweekly notes July 5th 2019 t � CITY OF OAK PARK HEIGHTS-WEEKLY ITS f r: nl 5th,2019 TO: City Council Members& aff FROM: Eric Johnson,City Ami istra LISTING OF UPCOMING MEETINGS:Through September 24th,20V , Zonino&Development Items: 1. The City has received no new applications this past week. 2. A second code enforcement letter has been sent to the owners of the NAPA building seeking clean-up and screening of their HVAC systems. Should compliance not be achieved,staff will need to seek possible citation issuance and/or revocation of CUP.We hope this can be avoided. 3. 1 have again reached out to real estate agent Brian Zeller for a new listing agreement for the City's land on Stagecoach Ave. If I do not get a response for Council consideration on July 23rd,the Council can discuss listing with a new real estate firm. 4. The"Steve Beres Home"located on Peabody Ave-for which the City took action to ensure clean-up has apparently been sold to the former renter.We are seeking to fully understand that title transfer and the same clean-up provisions will apply—but the City could grant some additional time.This could be good news as the buyer is expected to be an owner-occupied dwelling. Other Items: • The School District is seeking people to serve on the Long-Range Facilities Planning Group.I did indicate that I could do it as they asked,however if anyone else would like to instead or in addition to myself to please just let me know. I have enclosed some information and these would not start until Mid-September. • Enclosed is a map of the planned water service route for the water fountain at Oak Park Crossing Park. We have reached out to contact Phil Barbatsis(sp.),but as of yet have not been able to reach him.Staff will keep trying. • The City's current garbage hauler agreement with Tennis Sanitation expires at the end of 2019;however,the City may extend this Agreement for 36 months.Enclosed is a DRAFT letter of such NOTICE OF EXTENSION.;this item will be on your 7123 Council Agenda for consideration.In the interim please think about the service they have provided over the last 5 years and compared to previous haulers. Perhaps discuss with your neighbors as well as to their impressions.We do know that Tennis'rates are quite competitive and likely will not improve with a new bid to a new hauler. Mayor McComber provided: 1. NLC Weekly for June 29th,2019&NLC Federal Advocacy Update for 7/2119 2. Legislative Alert:New State Budget Takes Effect Today—From Lockridge,Grindal&Nauen. Please let me know if you have any questions-651.253-7837 Call Anytime. Xcel Energy has submitted their Integrated Resource Plan to the PUC. Mary McComber did provide a full copy of that document and I will email that out separately. CITY OF OAK PARK HEIGHTS CITY COUNCIL & COMMISSIONS MEETINGS & WORKSESSIONS JULY/AUGUST/SEPTEMBER 2019 Thursday,July 11 6:00 p.m. Planning Commission Meeting (Council Chambers) Monday,July 15 6:00 p.m. Parks Commission Meeting (Council Chambers) Tuesday, July 23 5:00 p.m. City Council Worksession (Conference Room) 6:00 p.m. City Council Meeting (Council Chambers) Thursday,August 8 6:00 p.m. Planning Commission Meeting (Council Chambers) Monday, August 19 6:00 p.m. Parks Commission Meeting (Council Chambers) Tuesday, August 27 5:00 p.m. City Council Worksession (Conference Room) 6:00 p.m. City Council Meeting (Council Chambers) Tuesday, September 10 5:00 p.m. City Council Worksession (Conference Room) 6:00 p.m. City Council Meeting (Council Chambers) Thursday, September 12 6:00 p.m. Planning Commission Meeting (Council Chambers) Monday, September 16 6:00 p.m. Parks Commission Meeting (Council Chambers) POLICYNOTE:Items in are expected to be SOCIAL EVENTS in nature and not an official City Council meeting. No official action or discussion may be undertaken by City Council Members who may attend such events. The City is listing such events so as the public is generally aware that there may be occasions when City Council members may desire to attend functions that are purely social-events. CITY OF OAK PARK HEIGHTS CITY COUNCIL & COMMISSIONS MEETINGS & WORKSESSIONS JULY/AUGUST/SEPTEMBER 2019 Tuesday, September 24 5:00 p.m. City Council Worksession (Conference Room) 6:00 p.m. City Council Meeting (Council Chambers) POLICYNOTE.•Items in are expected to be SOCIAL EVENTS in nature and not an official City Council meeting.No official action or discussion may be undertaken by City Council Members who may attend such events. The City is listing such events so as the public is generally aware that there may be occasions when City Council members may desire to attend functions that are purely social-events. City of Oak Park Heights Page 1 oft 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 July 2,2019 OAK PARK LLC VIA US MAIL AND CERTIFIED MAIL 650 Brakke Dr—Suite 102 Hudson,WI,54016 RE: Site Conditions; 14399 60th Street N. Dear Owners of 14399 60th Street N.: The City wants to again remind you of the conditions associated with the renewal/redevelopment of the "NAPA"building located at 14399 600 Street. This was sent to you in a letter dated May 20th 2019. The site and the elements have not been addressed. At this time,we are advising you that you have until July 31n,2019 to bring this site into compliance with all terms and conditions of the issued resolution and our letter dated May 2011 (also attached). Further, after the July 315t date, each date the dumpsters are out of the required enclosures the City will seek to issue a daily citation to the owner of the property and/or to the site manager(s). So, in we ask , please bring this site into compliance and please work to keep it in compliance. Please let me np4v if yo ve any questions re fed to these items, but again please be sure to note all re eg4nts. Sincerely, rson ty min' r o Cc: Weekly Notes r tw f City of Oak Park Heights Page 1 of 1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 May 20,2019 OAK PARK LLC 650 Bra kke Dr—Suite 102 Hudson,WI, 54016 RE: Site Conditions; 14399 601h Street N. Dear Owners of 14399 60th Street N.: The City wants to remind you of the conditions associated with the renewal / redevelopment of the "NAPA" building located at 14399 60th Street.These are enumerated in detail in the attached resolution and are continuing requirements. Please review these and ensure/verify compliance in the next 90 days with all elements. We would like you to especially note items#4 and V. Requirement #4 lists that the mechanical —... " equipment must be screened. This is typically accomplished with site appropriate materials that reasonably match the building and/or can sometimes be simple quality fencing. The image shows the equipment that must be concealed. I . Please provide a plan for our review not later than June 15th,2019. Similarly, related to #7, we note that quite often the dumpsters remain out of the requiredr d w enclosures. Please remind all site operators that > —_- these units are to be returned to the enclosure and ----- -- - it is to be kept closed. Lastly,the west side of the building has a number of downspouts that have been run-over and in poor condition and appearance. Please address these as well. Please let me know if you have any questions related to these items, but again please be sure to note all requirements. Sincerely, 10 Eric Johnson City Administrator Cc: Weekly Notes Eric I hnson From: Carissa Keister <keisterc@stillwaterschools.org> Sent: Tuesday,July 2,2019 2:38 PM To: Eric Johnson Subject: Re: Representing Oak Park Heights on district's planning team Hi Eric, Just confirming that you'll be the one representing Oak Park Heights on the Community Design Team to support the district's long-range facility planning work? As part of this team,you'll have the opportunity to participate in 4 or 5 design workshops that will take place throughout the fall/winter.The workshops will be between 3 and 4 hours long and are very engaging, interactive sessions.You'll have fun,connect with great people, and help make recommendations to our school board.We're planning to schedule our first workshop sometime in mid-September and expect the workshops will run from about 4-7:30 or 8 p.m. I'll send you more details as they become available. Thanks, Carissa Carissa Keister,APR Community Engagement Manager(and Pony aluml) Stillwater Area Public Schools Phone: 651-351-8320 www.stillwaterschools ora Follow us on Twitter: www.twitter.com/stillwater834 Stillwater Area Public Schools are on Facebook: facebook.com/Stillwater834 On Fri,Jun 7, 2019 at 2:37 PM Eric Johnson< a"ohnson cit offnakarkheiRhts.com>wrote: I am able to do it and could be fun...but I will share here as perhaps there is an elected official that may be more appropriate. Thanks Eric From:Carissa Keister<keisterc@stillwaterschools.ore> Sent:Friday,June 7, 201911:36 AM 1 To: Eric Johnson<eaiohnson@citvofoakparkheights,com> Subject:Representing Oak Park Heights on district's planning team Hi Eric, I'm reaching out to invite you or someone from your city to participate in the Stillwater Area Public School District's long-range facilities planning process. A Community Design Team is now being formed.This team will be made up of community members, city and township officials,students, parents and district staff who will consider the district's facilities needs and make recommendations to the school board on ways to enhance our facilities to better support our students. In order to ensure we're representing the diverse needs of all 18 of our communities,the external facilitator of this group has asked that we invite community experts to the table to help us as we explore demographic trends and growth across the district. The design team is expected to begin its work yet this summer, and will likely meet several times in the coming months to review and consider things like: • Condition of existing buildings,and future mechanical/operational and safety/security needs. • Student programming needs and class size information, and the impact any changes in programming/class size would have on building use and capacity. • Our strategic plan (Portrait of a Graduate and World's Best Workforce),as well as user experience feedback,to ensure available learning spaces match programming needs. • Long-term student enrollment projections and trends,and demographic data. • Individual building capacity and overall district capacity numbers. Please let me know whether you,or one of your colleagues,would be interested in representing your community as a member of the design team. Thank you so much for all you do for our communities! Carissa z Carissa Keister,APR Community Engagement Manager(and Pony alum!) Stillwater Area Public Schools Phone: 651-351-8320 www.stillwaterschools.ora Follow us on Twitter: www.twitter.com/stillwater834 Stillwater Area Public Schools are on Facebook: facebook.com/Stillwater834 3 'Cc iuj ioc 3 0 � � + m ° y 00. w O u0i 0 C N m O y 3 y v c �e 'c e°o L a �oa d we 'o '.c a �' 0 t fa r 'trop Y_ N y of N Q .fl _ ~ � vs m aw im:2 � ,� � mS — co 3 G ° � � d oa a ii3o � x `m d0 �► � o w4) :E r s cZ (D Ht- .O C Ln .00 c •� � ° 3 � .oc CL L L a CL G. N 3 QO N N21 C � � adi a� rnZ d aN - yi C w J � i •�y j I�+�1 ll+p 4 � CD �Lp� Q�pp LO CD00 pN� to PW C City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 7124119 T0: Greg Tennis,Tennis Sanitation VIA-Certified Mail*** Willie Tennis,Tennis Sanitation 720 4th Street St.Paul Park,MN 55071 ''Also,via email jIlieTO-tennissanitation.com**'" RE: Contract Extension—1213112022 We appreciate the work Tennis Sanitation has supplied as we are sure you appreciate the fees the City has paid and our commitments to your firm - as the City pays an estimated $190,000 annually for such services and will likely approach over $1,000,000 during the initial term of the Agreement. As we know,the current Agreement runs through 12131/19(see excerpt from Agreement below)and allows the City to extend such Agreement for up to three(3)additional years. TBRM 01 CQNTRAGT Mw am of this Comma shad be a peioo or wm(5)yean commeneigg Je►my 1,2D15 snd coding an Dnccmbw 31,2019. IU Chy at iu option msy of this Gaftomct for a period of tbw not to awAW th w(3)yen bcycod tin date.City Woo provide enface entice to conuacxcr orbs intmt to this st lenat niaety(90)days Vdar to the tetmintion of the asiglna tamf At this time the City is largely satisfied with the sevices provdied a current rate structures and we do value our collboration. Accordingly, at this time the City will exercise such an extensio 'd of 36 Months and will now expire on 12131/2022. Please let me know if you have any questions Thank You. Eric Johnson, City Administrator Cc: Jennifer Pin City, erk Weekly Notes Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday,June 29, 2019 8:43 AM To: Eric Johnson Subject: Fwd:Census Citizenship Question -What You Need to Know For weekly notes ----Original Message---- From: National League of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Jun 29, 2019 6:01 am SubW& Census Citizenship Question -What You Need to Know View in browser NLC r 1 1 F c, The Weekly What You Need to Know About the Supreme Court Census Ruling 1 "We do not hold that the agency decision here was substantively invalid. But agencies must pursue their goals reasonably. Reasoned decision-making under the Administrative Procedure Act calls for an explanation for agency action. What was provided here was more of a distraction." LEARN I MEr'�'. REGISTER TODAY- PRICES INCREASE FNLC I SUMMIT 1 Why Maker Economies Need Local Support _ Major metropolitan areas and rural towns alike are struggling P to grow, retain and attract workers with the skills necessary for r the 21 st century global economy. Here are four ways to solve k, that problem. Nine Signs Your City Is Committed to Authentic Youth Civic Engagement How do you know if the policies your city provides for youth } are effective? One often overlooked way is to engage the experts - youth - on decisions about the policies and programs that will affect them. In Wisconsin, Urban and Rural Go Hand in Hand Your mind's-eye picture of Wisconsin may be rural - but the lowstate has a dozen Metropolitan Statistical Areas. So the first question you need to ask when trying to overlay a "rural-urban divide" on Wisconsin is: Where do you draw the line? Where does urban end and rural begin? Preserving Affordable Housing in Charlotte Like many other growing cities throughout our country, Charlotte has an inadequate supply of affordable housing and is experiencing rapid gentrification in many of our neighborhoods. 2 News Supreme Court Rejects 'Contrived' Defense of Citizenship Question on 2020 Census RouteFifty- June 27, 2019 National League Of Cities Leaders Meet In Indianapolis WBAA - June 26, 2019 Inside Washington, DC's dockless revolution Smart Cities Dive - June 25, 2019 Events June 30 - City Summit Early Bird Deadline Ends (San Antonio, Texas) November 20 - 23 NLC 2019 City Summit (San Antonio, Texas) Job Postings Chief Financial Officer -- City of Portland, Oregon Town Manager -- Town of Vail, Colorado Assistant City Clerk -- City of Rancho Cordova, California ML W, WaImt4L opcnmYou 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 3 C 2018 NLC, All Rights Reserved Powered by Higher Logic 4 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Wednesday,July 3, 2019 7:52 AM To: Eric Johnson Subject: Fwd: Federal Advocacy Update:Week of July 2,2019 For weekly notes ----Original Message---- From: National League of Cities<advocacy@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Tue, Jul 2, 2019 4:03 pm Subject: Federal Advocacy Update:Week of July 2, 2019 If this message is not displaying properly,please view the online version NATIONAL NLC0F CITIES Emilio Federal Advocacy Update In This Issue SCOTUS Throws Out Citizenship Question...For Now July 9 Housing Task Force Panel and Report - Senate Introduces Companion Bill to Overturn FCC Small Cell Order EPA, Army Corps Seek Comments on Potential Revisions to Mitigation Rule Local Government Lawsuit Against FCC Small Cell Order Moves Forward Federal Advocacy Committees SBLM Recaps SCOTUS Throws Out Citizenship Question.. .For Now Brian Egan, 202. On June 27, the Supreme Court (SCOTUS) partially upheld a lower court's ruling that the way the administration added a citizenship question to the 2020 Census violated the Administrative Procedure Act (APA). Specifically, the Court found that 1 Commerce Secretary Ross's claim that the Justice Department required block- level citizenship data to properly enforce the Voting Rights Act was pretextual. The opinion acknowledged the administration's right to add questions and remanded the case back to the agency. The decision is now back in the hands of the Department of Commerce. Secretary Ross can presumably offer a new justification, which would likely be further challenged in the courts. Conversely, if he chooses not to offer another justification, the question will not appear on the 2020 Census. There is still uncertainty, but for the moment, it seems unlikely the question will appear on the final forms, which are scheduled to go to print later this year. NLC has opposed the addition of an untested question since the proposal was first announced and also joined as an amicus in the Department of Commerce v. New York case. Read more about the case here, or visit www.nic.org/census to learn more about how your community can prepare for 2020. July 9 Housing Task Force Panel and Report Michael Wallace, 202.626.3025 and Zachary Gossett. 202.465.2520 Housing is in a state of crisis in America. Rising home prices and stagnant wages have resulted in tremendous strain on housing markets across the country, putting local leaders on the front lines to help their communities find housing solutions. There is no longer time to talk about the issue—it is time for action. To uncover how we ended up in this crisis, and how we can solve it, more than 20 local leaders and elected officials from across the country came together to form the National League of Cities (NLC) Housing Task Force. The product of this work—a comprehensive guide with recommendations for all levels of government—will be released next week. On July 9, NLC is hosting a Housing Task Force panel to discuss their findings and how they are taking action in some of America's most acutely affected cities. The panel will include: 2 • Muriel Bowser, Mayor of Washington, D.C. • Karen Freeman-Wilson, Mayor of Gary, Indiana, and President, National League of Cities • Teresa Mosqueda, Councilmember, Seattle, Washington • Clarence Anthony, CEO and Executive Director, National League of Cities The panel will also be live streamed. Register for the event here. Senate Introduces Companion Bill to Overturn FCC Small Cell Order Angelina Panettiert 202.626.3196 On June 27, Senator Dianne Feinstein (D-CA) introduced the Restoring Local Control Over Public Infrastructure Act of 2099 (S. 2012), which would roll back the FCC's 2018 small cell preemption order. The act is a companion bill to the Accelerating Broadband Development by Empowering Local Communities Act of 2099 (H.R. 530), which NLC also supports. The bill was introduced with Senators Chuck Schumer (D-NY), Michael Bennet (D-CO), Kamala Harris (D-CA), Ron Wyden (D-OR), Ben Cardin (D-MD) and Richard Blumenthal (D-CT) as original cosponsors. Both the House and Senate bills currently need more cosponsors, particularly Republican cosponsors. To send your congressional delegation a letter in support of the bill, click here. For a template version that you can customize and send on city letterhead, click here. If you use the template, please share a copy with Angelina Panettieri at panettieri@nic.org. EPA, Army Corps Seek Comments on Potential Revisions to Mitigation Rule Carolyn Berndt, 202.626.3101 On June 20, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) held a briefing for state and local government organizations on pre-proposal revisions to the jointly-promulgated regulations on 3 "Compensatory Mitigation for Losses of Aquatic Resources" (Mitigation Rule). Section 404 of the Clean Water Act authorizes the Corps (or a State or Tribe that has assumed the 404 Program) to issue permits for discharges of dredged or fill material in waters of the United States. During the review of applications for Department of the Army permits, the Corps is required to consider mitigation. When there is a proposed discharge, all appropriate and practicable steps must first be taken to avoid and minimize impacts to aquatic resources. For unavoidable impacts, compensatory mitigation may be required to replace the loss of wetland, stream and/or other aquatic resource functions. In 2008, the agencies issued joint regulations clarifying compensation requirements for losses of aquatic resources. The regulation recognizes three mechanisms for providing compensatory mitigation: mitigation banks, in-lieu fee programs and permittee-responsible mitigation. In February 2018, the administration's Legislative Outline for Rebuilding Infrastructure in America called for reducing inefficiencies in environmental reviews by removing duplication in the review process for mitigation banking by eliminating the interagency review team, among other items. The forthcoming rulemaking is aimed at implementing this provision. The agencies are considering the following actions: • Whether the Interagency Review Team process should be eliminated or modified; • Whether other administrative changes are needed to improve mitigation bank and in-lieu fee program review process; • Whether the agencies should make changes to address the Miscellaneous Receipts Statute; • Whether changes need to be made to the requirements associated with in- lieu fee program accounts; • Whether clarity is needed to facilitate multipurpose compensation projects; • Approaches to quantify stream mitigation credits that better reflect the total amount of stream ecosystem restored, enhanced or preserved in rivers and larger streams, and stream-wetland complexes, while maximizing available 4 credits and opportunities for larger compensatory mitigation projects within a given watershed. The agencies are seeking input from state, local and tribal partners as they develop the proposal. Comments can be sent to Mitigation RuleAmendment@usace.army.mil and Mitigation RuleStates@epa.gov by August 9. On July 23, the agencies will hold a webinar from 1-3 pm eastern for state and local governments on the pre-proposal. To register, visit hftps://mitigationrulestates20l9.eventbrite.com Local Government Lawsuit Against FCC Small Cell Order Moves Forward Angelina Paneffieri. 202.626.3996 In June, a coalition of local governments and municipal organizations, along with other parties, filed initial briefs in a suit to overturn the Federal Communications Commission's (FCC) 2018 order preempting local authority over small cell infrastructure on public rights-of-way. NLC participated as a member of the local government coalition, which argued that the FCC misinterpreted the Communications Act in its justification of its preemption authority in the small cell order. The coalition brief also argues that the limits on fees, moratoria and shot clocks in the order are arbitrary and capricious under the law and should be overturned. Several other private and public-sector entities also filed in the initial round of briefs. The American Public Power Association, which represents public utilities, made arguments similar to local governments about the lack of statutory standing for the FCC's order. Montgomery County, Maryland, filed a separate brief from other local governments, raising concerns about the FCC's failure to confirm that the current radiofrequency emissions standards, which date to 1996, are still valid in the case of small cell deployments. Many municipal governments, municipal associations and utility associations filed amicus briefs in support of local governments, as did a coalition of the Communications Workers of America, the National Digital Inclusion Alliance, and Public Knowledge. 5 The federal government must file its brief in the case in August, and all parties will have an opportunity to respond in September. Federal Advocacy Committees SBLM Recaps Irma Esparza Diggs, 202.626.3176 From June 25-27, NLC hosted its Summer Board and Leadership Meeting (SBLM) in Indianapolis. During this conference, the Federal Advocacy Committees convened to discuss their issue areas and get a head start on policy resolutions for City Summit. Below, there are brief summaries of the discussions that occurred. Finance, Administration and Intergovernmental Relations (FAIR) Committee: FAIR convened to discuss the upcoming 2020 Census, ongoing tax policy and the status of the federal deficit. Committee members heard from representatives from the U.S. Census Bureau, the U.S. Department of Transportation, the CountMelNdy campaign, the City Controller's Office, Crowe Horwath, and the Indiana Public Finance Authority. Finally, the committee toured the site of Indianapolis' Central State project. The former site of the historic Central State Mental Hospital is undergoing a major redevelopment into a mixed-use village. Participants learned about the various funding and financing tools—including public-private partnerships, CDBG, various tax credits and Section 108 loan guarantees that the City has used and continues to employ to make this impressive project a reality. This summer, FAIR will work on potential tax policy chanaes; including separating Resolution #4: Defending City Priorities in the Federal Tax Code into three separate resolutions around the state and local tax (SALT) deduction, advance refunding bonds and bank qualified debt. FAIR will also work on potential additions and changes to our policy around the mounting federal deficit and the 40 percent excise ("Cadillac") tax on high cost employee- sponsored health care plans. NLC FAIR Staff., Brian Egan, egan@,nic.org Energy, Environment and Natural Resources Committee (EENR): During the meeting, EENR focused on climate change and water infrastructure. Dan Bresette (Executive Director, Energy Efficient Codes Council and Senior Vice President, Alliance to Save Energy) discussed how cities can engage in the development of 6 the 2021 International Energy Conservation Code to increase building efficiency to achieve emission reduction goals. Katie Robinson (Director, Office of Sustainability) and Brad Beaubien (Administrator, Division of Long- Range Planning, Department of Metropolitan Development for the City of Indianapolis) spoke about the city's efforts through Thrive Indianapolis to develop a climate action plan, the first of its kind for the city. In 2018, Indianapolis was one of seven cities chosen for the NLC Leadership in Community Resilience program. Michal Freedhoff, Ph.D., Director of Oversight for the Senate Environment and Public Works Committee provided an update on the Senate's efforts to address PFAS contamination in communities. Bipartisan legislation was approved by the Senate Committee last week and was adopted as an amendment to the National Defense Authorization Act, which the Senate passed on June 27. Finally, the committee reviewed and approved resolutions pertaining to water infrastructure funding, climate resilience and mitigation, PACE programs and PFAS. NLC EENR Staff.- Carolyn Bemdt, berndt@nk.org. Community and Economic Development Committee (CED): The CED meeting focused on federal housing policy and promising practices within federally designated Opportunity Zones. Both topics are subject to separate Executive Orders signed by the president, and each one offers opportunities for local governments to be influential at the federal level. CED discussed areas of focus for NLC advocacy in pursuit of those opportunities. On December 18, 2018, the president signed Executive Order 13853, Establishing the White House Opportunity and Revitalization Council. Chaired by Housing and Urban Development (HUD) Secretary Ben Carson, the Council is tasked with carrying out the Administration's plan to target, streamline, and coordinate Federal resources to be used in Opportunity Zones and other economically distressed communities. The council is also interested in highlighting best practices that stimulate economic opportunity, encourage entrepreneurship, expand educational opportunities, develop and rehabilitate quality housing stock, promote workforce development, and promote safety and prevent crime in economically distressed communities. The executive order also calls on state, local, and tribal leaders to leverage the work of the Council and to conduct similar reviews of their own programs and regulations. On June 25, 2019, the president signed an executive order—Establishing a White House Council on Eliminating Regulatory Barriers to Affordable Housing. Also chaired by HUD Secretary.Ben Carson, the primary task of the Council is to identify federal, state, and local regulations 7 that increase the cost of developing affordable housing. The council will not consider the role of federal funding or federal housing subsidies. As with the prior executive order, state, local, and tribal leaders are called on to identify and remove obstacles that impede the development of new affordable housing. Following a presentation from the Indianapolis Chamber of Commerce on Opportunity Zones, CED recommended NLC focus on equitable development within Opportunity Zones. And, after a preview of NLC's Housing Task Force recommendations for federal and local action, CED recommended that NLC engage with the White House Council on Eliminating Regulatory Barriers to Affordable Housing. Lastly, the committee urged NLC to develop a standing set of resources and best practices for local leaders to draw on in case of any future federal government shutdown. NLC CED Staff.- Mike Wallace, wallace@nic.org Human Development Committee (HD): The HD meeting focused on the issues of workforce development and substance use. Katie Spiker from the National Skills Coalition briefed members on the status of reauthorization of the Workforce Innovation and Opportunity Act (WIOA) and engaged members in a conversation around priorities for NLC. Federal investment in workforce development continues to be an area of priority for HD, including its inclusion in a congressional infrastructure package. HD participated in a joint session with the Public Safety and Crime Prevention (PSCP) Committee to hear from Kitty Dana of the Institute for Youth, Education and Families' work on the intersection of mental health, substance use and homelessness, as well as a session with Dr. Dan O'Donnell, Chief of Indianapolis's Emergency Medical Services, about how the city has been engaged in dealing with individuals with opioid addiction and other substance use disorders in the county. HD reviewed the Human Development Chapter of NLC's National Municipal Policy, approving edits and changes to the standing policy as well as new resolutions on vaccines and WIOA. HD hopes to work with the PSCP Committee on updating the opioids resolution to include language on substance use disorder more broadly. Finally, the committee had a strategic conversation about their work to advance NLC's Rebuild With Us campaign over the August recess. NLC HD Staff.- Stephanie Martinez-Ruckman, Martinez- ruckman@nk.org Transportation and Infrastructure Committee (TIS): The TIS meeting began with a mobile tour of Indianapolis's brand new, bus rapid transit line set to open this summer. USDOT's new Deputy Administrator of Intergovernmental Affairs 8 joined TIS to discuss their transportation reauthorization priorities as NLC sets our policy for FAST Act reauthorization. TIS was briefed on NLC's 2020 election planning and also heard from AARP, a new corporate partner who works extensively on transportation and mobility issues. NLC TIS Staff., Brittney Kohler, kohler@,►lc.org Public Safety and Crime Prevention Committee (PSCP): The PSCP June meeting focused on the issues of first responder post-traumatic stress disorder (PTSD) and the Federal Emergency Management's Agency's (FEMA) development and implementation of the national public infrastructure pre-disaster hazard mitigation grant program, which was authorized in the Disaster Recovery and Reform Act of 2098. PSCP also participated in a joint session with the Human Development (HD) Committee to learn about the Institute for Youth, Education and Families' work on the intersection of mental health, substance use and homelessness, as well as a presentation by Dr. Dan O'Donnell, Chief of Indianapolis Emergency Medical Services, about how the city has been engaged in dealing with individuals with opioid addiction and other substance use disorders in the city and county. PSCP also held a joint session with the Information, Technology and Communications (ITC) Committee to learn about the progress FirstNet is making on building out the nationwide public safety broadband network for first responders. PSCP reviewed its chapter of the National Municipal Policy to consider edits and changes to NLC's standing policy and resolutions. NLC PSCP Staff.- Yucel (u jel) Ors, ors@,nic.org Information Technology and Communications Committee (ITC): During its summer meeting in Indianapolis, ITC focused on a large-scale revision and update of its chapter of the National Municipal Policy. The committee discussed changes proposed by a working group of the committee membership, which included updating the chapter to reflect modern technologies, changing standards and needs for broadband access, federal preemption trends, and incorporating the concept of digital equity into the policy language. In addition, the committee met with Angela Smith-Jones, Deputy Mayor for Economic Development for the City of Indianapolis, to discuss the city's 16Tech innovation district campus, its funding sources, and how the development of this district is impacting the surrounding communities. The committee also met jointly with the Public Safety and Crime Prevention (PSCP) Committee to discuss the current status of FirstNet, and what local officials need to know about the use of FirstNet by public 9 safety officials and first responders in their communities. NLC ITC Staff.- Angelina Panettieri, panettieri@nlc.org► EL&L [ IM _C OFCMIM COMMOMWOOM �. U 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 10 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Monday,July 1,2019 9:46 AM To: Eric Johnson Subject Fwd: Legislative Alert: New State Budget Takes Effect Today For weekly notes --Original Message From: Lockridge Grindal Nauen P.L.L.P. <Iegalert@locklaw.com> To: marymccomber@aol.com <marymccomber@aol.com> Sent: Mon, Jul 1, 2019 9:03 am Subject: Legislative Alert: New State Budget Takes Effect Today 1_4 View Online Like ,v Tweet Plif- Forward State Government Relations Ji LOCKRIDGE GRINDAL NAUEN JA- ttornilillys at Lim '7 av ,,,tiffAlm 7 Norlill Grindal,H.Theodore Partner Today marks the first day of Minnesota's new two-year$48.2 billion state budget. This budget is the product of negotiation between DFL Governor Tim Walz, the House DFL majority, and the Senate Republican majority. Rebecca J. Kanninen Partner The budget agreed to by Walz, House Speaker Melissa Hortman (DFL-Brooklyn Park), and Senate Majority Leader Paul Gazelka(R- Nisswa)came together late during the regular legislative session— prompting the need to call a special session days later to pass the agreed-upon budget bills. Walz signed each of the budget bills into law the week following the special session that was convened on May 24 and concluded in the early morning of May 25. 1 Daniel G. Larson One item of business that did not get addressed during the special Government Relations session was passing a$500 million Capital Investment bill, also known as a bonding bill, as agreed upon by Walz, Hortman, and Gazelka. A bonding bill is the only type of legislation to need a higher threshold than a simple majority to pass—requiring a three-fifths vote of support in each chamber. Given the deadline to adjourn the special gel, Amos A. Briggs session within a day, there was insufficient time to build support Government Relation.,; among members of the minority to pass a bonding bill. There has been some discussion from Walz and Hortman about calling a special session in September to pass a bonding bill, but Senate Republican leadership has not indicated interest in another special session. rt The legislature isn't scheduled to convene again until February 11 of Peter H.Glossing next year for the 2020 Legislative Session. Associate/ Communications& Agriculture, Housing, &Rural Development Grassroots Advocacy - A$287.86 million bill was passed for the Department of Agriculture, the Board of Animal Health, the Agricultural Utilization Research d s Institute, the Minnesota Housing Finance Agency, and the Office of Broadband Development. That allocation represents an increase of $59.51 million over the base with $40 million of it earmarked for broadband, $15 million for housing, and an additional $4.51 million Angie A. Huss for agricultural initiatives. This bill includes new efforts to address Communications& rural mental health issues by providing additional staff for the Grassroots Advocacy Minnesota Farm Advocates program and funding for mental health programming at the Minnesota Department of Agriculture. This budget also allocates$40 million for the state's border-to-border broadband program to help deliver high-speed internet to rural communities. For housing programs, the bill increases investments in workforce housing, provides a pathway to homeownership for low- Ann T. Lenczewvski income renters, and helps to find stable housing for Minnesota's Government Relations homeless students. w The bill passed 114-14 in the House and 66-0 in the Senate. E-12 Education A$20.1 billion E-12 Education funding package was approved during Ian G. Marsh the special legislative session for the upcoming biennium.The$543 Government Relations million in additional spending will largely be used for increasing the general education per-pupil funding formula by 2% each year of the biennium. The bill provides$30 million in safe schools revenue that may be used for a variety of facility and programming purposes that improve safety, including hiring additional school counselors. This funding package also provides $90 million in additional resources for special education to help alleviate the amount of money school districts shift from their general fund budgets to cover the growing costs of special 2 Carol J. Mraz education.Additionally, it provides temporary funding for 4,000 spots Government Relations -: r in voluntary prekindergarten classes, continues to fund Tribal Contract Schools, and gives schools tools to recruit and retain more .y teachers of color and American Indian teachers. AF, Many of the proposed policy changes such as modifying the new teacher licensure system, adding comprehensive sex education curriculum, and requiring districts to use certain disciplinary policies Nathaniel C. Mussell were not included in the final agreement. Partner The bill passed 112-13 in the House and 67-0 in the Senate. -'- Environment& Natural Resources The final Environment and Natural Resources budget agreement of -- 339 million for $ the next two years contained an increase of$14.78 million in funding. A large share of the increase is earmarked for Jessica E. t_indeen addressing chronic wasting disease that has spread throughout Government Relations g 9 P 9 Minnesota's white-tailed deer population. The rest of the funds will be allocated to the Pollution Control Agency, the Department of Natural Resources, Metropolitan Council Regional Parks, the Board of Water and Soil Resources, and other related state entities. It also details which projects within the next two years should receive a portion of Aii, the$64.5 million in funds from the Environment and Natural Kara V.Osterman Resources Trust Fund. Government Relations Some of the notable provisions that made it into the omnibus bill include designating the Rusty Patched Bumble Bee as the official � state bee, increasing the Aquatic Invasive Species surcharge that will assist with ongoing control efforts and studies, creating the"No Child Left Inside"grant program that will encourage children to spend more time outdoors, and funding for a high school fishing league and high Cullen D. Sheehan school firearm safety grants. Government Relations The bill passed 84-43 in the House and 61-5 in the Senate. Jobs & Energy The $289.36 million Jobs and Energy largely omnibus bill lar el funds the Department of Employment and Economic Development for various initiatives, the Iron Range Resources and Rehabilitation Board, Rochester's Destination Medical Center, the Department of Labor, the Department of Commerce, and the Public Utilities Commission. One of the most high-profile provisions of this legislation is a new law targeting wage theft, which is now an established crime under the criminal code. Employers will be required to transparently state in writing the rate of pay, deductions, and pay periods for their employees. Additionally, employers who do not pay their employees for their work will now be committing a felony, and those who retaliate against employees who report it will be subject to civil penalties. This bill allocates money to the Department of Labor and the attorney general's office to enforce the new law. 3 This legislation also includes$750,000 in childcare community grants with a goal of developing new strategies to increase childcare services and another$750,000 for training for childcare providers. In the area of energy, this bill does not include many of the larger policy items discussed at length throughout the session in the House Energy and Climate Finance and Policy Division surrounding non- carbon energy sources and other proposals related to climate change. It does, however, contain some changes that require reports regarding energy storage systems and the diversity of energy utility stakeholders, as well as modifying property assessed clean energy loans. The bill passed 89-39 in the House and 65-2 in the Senate. Health and Human Services After prolonged negotiations between Democrats and Republicans at the Capitol, a$14.56 billion Health and Human Services Finance package was ultimately agreed to by the governor and legislative leaders. The agreement to repeal the sunset of the 2% provider tax and reinstate the tax at 1.8%without a sunset date has been hailed as major victory by Walz and House Democrats. The revenue from this tax funds MinnesotaCare, Medical Assistance, and other healthcare programs. Another notable provision in the bill is the first increase in the Minnesota Family Investment Program (MFIP) in over 33 years. Each family who receives MFIP benefits will collect an additional $100 per month, a change championed by Lieutenant Governor Peggy Flanagan. To address rising costs for the state, a blue ribbon commission is established charged with the responsibility of finding$100 million in savings throughout the Department of Health and the Department of Human Services for the 2022-2023 biennium.The bill also extends the state's reinsurance program to help cover the cost of high claims in the individual market for the next two years. In response to the allegations of fraud within the state's Child Care Assistance Program (CCAP), a list of anti-fraud measures was incorporated into the agreement including stricter reporting requirements and more precise rules for program disqualification. Two major anti-tobacco measures are included in the bill—funding of cessation services that assist Minnesotans who seek to quit using tobacco and prohibiting e-cigarettes in public places in accordance with the Minnesota Clean Indoor Air Act. The bill passed 77-51 in the House and 67-0 in the Senate. 4 Another health and human services-related piece of legislation that l takes effect today is the new law to address the state's opioid II epidemic. �� Under this law, registration fees will be imposed on pharmaceutical manufacturers and distributors. It is estimated that this fee will generate about$21 million annually, which will go into the Opiate Epidemic Response account, a dedicated fund for opioid-related response programs. The registration fees will sunset once the state recovers at least$250 million from settlements with pharmaceutical companies after a minimum of five years. This new law also establishes an Opioid Stewardship Advisory Council, which will make recommendations to the commissioner of the Department of Health on grant options to fund prevention strategies to reduce the number of opioid deaths and overdoses. These grants include reporting requirements to help measure outcomes and identify best practices that could be adopted statewide. Minnesota counties and tribes will receive funding for reimbursement for costs related to child protection services that are the result of families being impacted by opioid abuse. Tribal governments will also receive funding to design, implement, and evaluate culturally-specific opioid addiction prevention and treatment programs as well as to expand or modify existing programs. This bill, which was separate from the Health and Human Services Finance omnibus bill, passed 109-25 in the House and 60-3 in the Senate. One piece of unfinished business by the legislature is the issue of insulin affordability. Walz and Hortman have expressed interest in calling a special session before the end of the year to force action on the issue, but Senate Republican leadership has been non-committal about the idea thus far. Higher Education The Higher Education omnibus bill was the Ione budget bill that passed during the regular session. It appropriates$1.5 billion for the Minnesota State Colleges and Universities system, $1.3 billion for the University of Minnesota, $538 million for the Office of Higher Education, and $2.7 million for the Mayo Foundation's medical education programs. Overall, the Higher Education finance bill spends $3.41 billion over the next two years, a$150 million increase over the base total. Minnesota State will see the largest bump in funding as it will receive an additional$81.5 million for general campus investments, workforce development scholarships, and an upgrade to its IT system.The University of Minnesota will see an increase of$43.5 million. 5 The Office of Higher Education will see a $25 million increase over base spending. Those funds will be used for state grants, the MN Reconnect program that helps those who have left college return, and grants for teaching candidates. The bill passed 84-49 in the House and 62-3 in the Senate. Legacy In 2008, Minnesota voters approved an amendment to the state Constitution to increase the state's sales tax by three-eighths of one percent for dedicated funding for clean water, habitat protection, preservation of parks and trails, and sustaining the state's art and cultural heritage. The$630 million in constitutionally-dedicated revenue will be allocated to the following four funds: $261.26 million for the Clean Water Fund $127.69 million for the Outdoor Heritage Fund (only for Fiscal Year 2020) $101.26 million for the Parks and Trails Fund $139.77 million for the Arts and Cultural Heritage Fund Much of the Clean Water Fund resources are allocated to the Board of Water and Soil Resources and the Pollution Control Agency for water protection efforts. The funding outlined for the Outdoor Heritage Fund mirrors the recommendations of the Lessard-Sams Outdoor Heritage Council and will go toward restoration and protection of habitats, prairies, wetlands, and forests. For the Parks and Trails Fund, this bill maintains the funding formula of 40%going to the Department of Natural Resources for state parks R, and trails, 40%for the Metropolitan Council for metro area parks and trails, and 20% to the Greater Minnesota Regional Parks and Trails Commission. The Arts and Cultural Heritage Fund revenue is allocated to the State Arts Board art education grants, Minnesota Public Television and Radio, regional public libraries, the Historical Society, the Minnesota Zoo, and cultural programming through the Indian Affairs Council. The bill passed 103-23 in the House and 64-2 in the Senate. { { Public Safety &Judiciary The final version of the Public Safety and Judiciary Finance omnibus bill allocates$2.48 billion to the state's corrections system, public °r safety programs, and courts. The bill includes new money for additional correctional officers, salary increases for judges and public 6 defenders, drug treatment courts, and the Minnesota Department of Human Rights. A new task force and a new working group were established under this legislation—the Task Force on Missing and Murdered Indigenous Women and the Criminal Sexual Conduct Statutory Reform Working Group. The Task Force on Missing and Murdered Indigenous Women was created in response to the disproportionate number of indigenous women who have been victims of violent crimes. The task force is charged with issuing a report to the legislature with recommendations of policies aimed at ending such violence. Members of the task force will include two members of the Senate, two members of the House of Representatives, two law enforcement officers, an attorney, a coroner, a member from each of the eleven recognized tribal governments, and at least four representatives from organizations that provide services to those affected by violent crimes. The Criminal Sexual Conduct Statutory Reform Working Group is charged with comprehensively reviewing state criminal sexual conduct laws and making recommendations to reform, update, and clarify existing statutes so police agencies and prosecutors have the tools they need to seek justice for victims. This task force will include victim advocacy groups, law enforcement, prosecutors, and other stakeholders. Policy changes related to gun control, voting restoration rights for felons, and cannabis offenses were not included in the final bill. The bill passed 87-39 in the House and 67-0 in the Senate. State Government, Military Affairs, &Veterans Affairs The State Government, Military Affairs, and Veterans Affairs Finance omnibus bill appropriates$1.15 billion to state departments, ethnic councils, the legislature, the Legislative Budget Office, and election security. The legislature will see a bump in funding for costs associated with redistricting, technology, replacing outdated equipment, and state-mandated legislator raises. The bill allocates$10 million for cybersecurity enhancements throughout state government. Other areas that will see increases in funding include state enlistment incentives and retention bonus programs through the Department of Military Affairs, a 2020 Census Mobilization program, and the Minnesota Service CORE program that provides counseling services for veterans and their families.This budget agreement also authorizes the state to accept the$6.6 million in federal dollars through the Help America Vote Act for the purpose of upgrading the state's election security systems. Policy provisions in this bill include establishing a Legislative Commission on Housing Affordability, prohibiting county officials from making public the party choice of a voter who votes in a presidential primary, and allowing counties to make certain county offices appointed rather than elected. The bill passed 77-49 in the House and 65-2 in the Senate. Taxes This session's Tax bill moves Minnesota toward conformity with federal tax law—following the Tax Cuts and Jobs Act passed by Congress in 2017—by shifting the state from the federal taxable income standard to the federal adjusted gross income standard for individuals. The bill cuts income tax rates for the first time in two decades by moving the second-tier income tax rate from 7.05%to 6.8% effective for tax year 2019. It also doubles the standard deduction to$12,200 for single filers and to$24,400 for joint filers. Because of the larger standard deduction, many taxpayers will choose to take the standard deduction rather than itemize their deductions. Additionally, more low-income working parents will be eligible for the Working Family Tax Credit. For businesses, the Angel Investor Tax Credit is expanded by$10 million and the levy for the statewide commercial-industry property tax is reduced by$50 million. Both County Program Aid (CPA) and Local Government Aid (LGA) are set to see increases under this bill with an additional $26 million beginning in 2020 with another$4 million on top of that beginning in 2021. This bill also increases the school building bond agricultural credit from 40%to 70%of the tax on the property attributable to school district bonded debt levies. The credit increases to 50% in 2020, 55% in 2021, 60% in 2022, and 70% in 2023. While no new rate changes, surcharges, or excise taxes were included on tobacco products, a technical change was made to include vapor products under the statutory definition of tobacco products. One of the major priorities for Walz and House Democrats—the healthcare provider tax—is included in this bill. The 2%tax on providers of healthcare services, which was scheduled to sunset this year, is reinstated permanently at 1.8%. The revenue generated from this tax funds Medical Assistance and the MinnesotaCare program, which provides state-subsidized healthcare coverage for low-income individuals. The bill passed 74-54 in the House and 52-15 in the Senate. Transportation 8 The$6.7 billion Transportation Finance bill ($331 million of which is general fund revenue)appropriates about$100 million in new spending with$55 million going toward replacing the problematic Minnesota Licensing and Registration System (MNLARS) and$13 million for relief for deputy registrars who were negatively impacted by the MNLARS rollout in 2017. Under this bill, $50 million is allocated for the Corridors of Commerce program, which authorizes the sale of new trunk highway bonds for the construction, reconstruction, and improvement of trunk highways not already in the State Transportation Improvement Program. Additionally, $23 million is appropriated to Metro Mobility, the metro area transit service for certified riders who are unable to use regular fixed-route buses due to a disability or health condition The transportation bill also contained some policy provisions including the"slow poke" law that will fine slow drivers in the left lane and will take effect August 1, the same date the new hands free cell phone law will take effect. Not included in this session's transportation bill was the governor's proposed 20-cent-per-gallon increase in the gasoline tax, a metro area transit-dedicated sales tax increase, or vehicle registration fee increases. The bill passed 106-19 in the House and 54-13 in the Senate. Minneapolis Washington D.C. 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