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HomeMy WebLinkAboutweekly Notes- April 3rd 2020 CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: April 3rd 2020 TO: City Council Members&Staff FROM: Eric Johnson,City Administrator 441— Zoning &Development Items: 1. No new applications have been received.Staff is still working with the applicant for the Pony Express Car Wash face lift and vacuum expansion project.Various site drawings and drainage plans are still pending from the Applicant.At this time the Planning Commission meeting is cancelled. 2. The City has received a number of PUBLIC PARTICIPANT applications for the Allen S. King Plant Advisory Panel-perhaps 4 or 5...the due date is April 10th. 3. After some considerable discussion with MNDOT which of course followed a detachment and annexation process with STILLWATER... final draft Agreement for Lookout Trail is complete;we hope to seek signatures in the next 2 weeks. In theory,the$1.1 Million in funding would be supplied to the City soon thereafter with the City's plan to construct the road and trail in 2021.This Agreement would allow in perpetuity,the City to drain water to MNDOT ponds located adjacent to STH 36—versus building its own systems or installing other unnecessary infrastructure. 4. The City has been asked to comment on the Lower St.Croix Watershed Plan—this is the"ONE-Watershed"matter. Enclosed is some data and links. I believe this has been worked on by all the local watershed entities;so, I cannot say if we have much to offer—just be aware. 5. STH 95—Summer Construction Update from MNDOT-See Enclosed. 6. Staff has sent some further questions to Washington County related to their possible south frontage road plan to Manning and STH 36. Generally, seeking that they communicate with possible impacted businesses and better define their needs and alternatives. 7. The BCWD has finalized their rule making process eliminating the PRE-SETTLEMENT conditions;enclosed is that final report and final language. We will ultimately see how this plays out if and when the City undertakes the Norell Ave. project. It has been sent to Tyler Johnson at STANTEC to determine if the requested language is embedded and/or clear enough. COVID-19 Matters: • See the cautionary article about ZOOM meetings; unlikely it will happen... but at least you know about it. • Both PW and Police have had to deal with illnesses and possibly related to COVID-19,these of course result in scheduling challenges and social distancing practices between the employer and employee so as to not impact other staff. The City must now also follow the new protocols on the Federal Law associated with paid leave while dealing with COVID-19 - FAMILIES FIRST CORONAVIRUS RESPONSE ACT. I have enclosed a FACT SHEET. I suspect as this progresses,we will need to make some adjustments to how we calibrate or monitor the application of the ACT and how it applies. • City Parks and playgrounds remain open however signage has been placed at each playground and disc golf course to actively practice social distancing. I have seen some other communities'playgrounds attempt to TAPE THEM OFF,but this usually is destroyed by the wind and or is just ignored. • This is the Governor's new PORTAL: https://mn.gov/covidl9/ Other Items: • The Development Agreements for VSSA and Nolde require payments to cover EMS/Fire calls if they exceed more than 20%of the City's total.Nolde's Agreement formerly was 5%but was amended in 2018 due to a petition by Nolde to match Boutwell's language. For 2020 Boutwell's figure will be approximately$5,700 while Nolde's will be$0.The City will need to credit Nolde back for the 2019 payment of$27,000+/-as the updated language was not applied. 'Enclosed is total FIRE RUN Data and Graphs from BFD for 2019. • March 2020 Police Dept. Update from Chief DeRosier • Due to the loss of their end-processor because of the COVID-19,Tennis will no longer be able to accept textiles or linens after 4/27 in the recycling stream(or in bins).This is a very small percentage of the City's total recycling tonnage and should be limited in impact, but the City will need to get the word out. This could be considered solid waste or held onto at homes for processing later. In communicating with the County Public health/ MPCA this does not place the City solid waste license in jeopardy. • MSCWMO Agenda for 4/9/20 • Information on Washington County's Comprehensive Trail and Bicycle plan-"MOVE" SEE NEXT PAGE 1 of 91 Mayor McComber provided: 1. Shelly Christensen Update for 3/28/20 and 4/2/20 2. NLC COVID-19 UPDATE FOR 4/2/20 3. White House—State and Local Briefing COVID-19 Update for 3/28/20,4/1/20 and 4/2/20 4. Lockridge Grindal Legislative Update for 3/30/20 and 4/3/20 5. MAOSC Update for 3/28/20 6. NOTES From MAYORS-MMA List Serve for 3/28/20 Please let me know if you have any questions-651-253-7837 Call Anytime. 2 of 91 From: Maureen Hoffman To: "Jay Riggs"; KHandt(c lakeelmo.ora; Ken Cammilleri; Donovan Hart; Bryan Bear; Bill Voedisch; kathy.schmoeckel(abstillwatertownship.com; mosc(abcitvofmarine.ora;Shawn Sanders;clerk(cbcitvofarant.us; Susan Agrimson;Shelly Strauss; Sara Tavlor;clerk(abbaytowmmn.ora;townclerk(cbdenmarktownship.ora; khandt(ablakeelmo.ora;denastromiscb(abcomcast.net;eshukle(abcitvoflakeland.us;April Edwards; Eric Johnson; brian.bachmeier(abci.oakdale.mn.us;kristin.seaman(ai)woodburvmn.aov Cc: Angie Hong;Determan.Tiffany-NRCS-CD.Cambridge,MN;Jamie Schurbon; "Katie Petzel";Craig Mell; Dan Fabian(BWSR); Matt Moore;John Hanson; Matt Downing; Karen Kill; Mike Isensee; Michael Kinney Subject: RE: DRAFT Lower St.Croix Comprehensive Watershed Plan 60-day review Date: Thursday,April 2,2020 9:27:16 AM Attachments: 60 Day review comments.xlsx Good morning, Thank you Jay for sending this out! If you have comments please fill out the attached form and then send them to Tiffany Determan and Dan Fabian (contact information in Jay's email below). Additionally, citizens and stakeholders, including yourselves, can submit comments through an on-line form on the Lower St. Croix One Watershed One Plan website: www.Isclwlp.org/submit-a-comment. Thank you and I hope everyone is doing well during these strange times! Maureen Hoffman I Planner 11 Washington County Public Health and Environment 14949 62nd Street North, Stillwater, MN 55082 651-430-6684 A great place to live, work and play...today and tomorrow From:Jay Riggs [mailto:JRiggs@mnwcd.org] Sent: Wednesday, April 1, 2020 1:54 PM To: KHandt@lakeelmo.org; Ken Cammilleri <k.cammilleri@ci.scandia.mn.us>; Donovan Hart <Donovan.Hart@ci.forest-lake.mn.us>; Bryan Bear<BBear@ci.hugo.mn.us>; Bill Voedisch <wkvoedisch@frontiernet.net>; kathy.schmoeckel@stillwatertownship.com; mosc@cityofmarine.org; Shawn Sanders <ssanders@ci.stillwater.mn.us>; clerk@cityofgrant.us; Susan Agrimson <townclerk@westlakeIand.govoffice2.com>; Shelly Strauss <administrator@ci.afton.mn.us>; Sara Taylor<staylor@ci.bayport.mn.us>; clerk@baytowmmn.org; townclerk@denmarktownship.org; khandt@lakeelmo.org; dengstromiscb@comcast.net; eshukle@cityoflakeland.us; April Edwards <lakelandshores@gmail.com>; Eric Johnson <eajohnson@cityofoakparkheights.com>; brian.bachmeier@ci.oakdale.mn.us; kristin.seaman@woodburymn.gov Cc: Maureen Hoffman <Maureen.Hoffman@co.washington.mn.us>; Angie Hong <AHong@mnwcd.org>; Determan,Tiffany- NRCS-CD, Cambridge, MN <Tiffany.Determan @mn.nacdnet.net>;Jamie Schurbon <jamie.schurbon@anokaswcd.org>; 'Katie Petzel' <Katie.Petzel@co.pine.mn.us>; Craig Mell <craig.mell@mn.nacdnet.net>; Dan Fabian (BWSR) <Dan.Fabian @state.mn.us>; Matt Moore<mmoore@ci.woodbury.mn.us>;John Hanson <jhanson@barr.com>; Matt Downing<MDowning@mnwcd.org>; Karen Kill <KKill@mnwcd.org>; Mike Isensee <mike.isensee@croscwd.org>; Michael Kinney<Michael.Kinney@clflwd.org> 3 of 91 Subject: FW: DRAFT Lower St. Croix Comprehensive Watershed Plan 60-day review Greetings Lower St. Croix LGUs, On behalf of the members of the Lower St. Croix Policy Committee, we are pleased to submit the Draft Lower St. Croix Comprehensive Watershed Plan for 60-day review to LGUs in Washington County. Background and a copy of the Draft Plan and appendices can be found on the Lower. St. Croix One Watershed One Plan Website: https://www.Isclwlp.org/ Please submit written comments to both (comments may be submitted electronically): Tiffany Determan Daniel Fabian Lower St. Croix 1W1P Notification Coordinator Minnesota Board of Water and Soil Resources Isanti SWCD (BWSR) 110 Buchanan St. N Board Conservationist Cambridge, MN 55008 520 Lafayette Road North 763-689-3271 St. Paul, MN 55155 tdetermanCcDisantiswcd.org 651-332-0786 Dan.fabianCcDstate.mn.us Thank you on behalf of the members of the Lower St. Croix 1W1P Partnership. Please contact me if you have any questions. Stay well, Jay Riggs District Manager, Washington Conservation District 651-587-6622 4 of 91 From: Josephson,Adam(DOT) To: Eric Johnson;Adam Bell(abell(a)ci.bayport.mn.us);clerk(a)baytowmmn.ora;city(a)ci.lakeland.mn.us;townclerk; "dschultz6816(a)comcast.net";Wayne Sandberg;Joe Gustafson Cc: Workcuff,Denise(DOT);Walker,Kiensmo(DOT); Matt Kline Subject: Hwy 95 construction update Date: Friday,April 3,2020 2:54:44 PM Construction on a five-mile stretch of Hwy 95 from 8th Avenue North in Bayport to Interstate 94 in Lakeland is set to begin in early May. Some utility relocation work in the downtown Bayport has already started. The Hwy 95 project Open House scheduled for Thursday, April 9 has been cancelled, so this email is to provide you with a construction update. The construction project will include pavement resurfacing and reconstruction, pedestrian improvements, drainage updates and utility repairs. The work will enhance safety, improve pavement quality, update pedestrian accessibility and upgrade Bayport city utilities. Following guidance from state health officials and to prevent further spread of COVID-19, MnDOT crews will maintain social distancing practices while working. Two-way traffic on Hwy 95 will be maintained during most of the project. However, other traffic impacts will occur in specific locations within the project area, which include: • A more extensive pavement fix on Hwy 95 between Osprey Blvd and Hudson Blvd/11th Street. Hwy 95 will be reduced to a single southbound lane and northbound traffic will be detoured to Stagecoach Trail. • There will also be temporary access changes for motorists on Hwy 95 from Osprey Blvd to Hudson Blvd/11th St. Property access in the detour area will be maintained but northbound traffic will need to use the detour. • Parking will be impacted on Hwy 95 in the downtown Bayport area between 1St Ave Sand 7th Ave N during construction. • Sidewalks will be repaired in many areas downtown, alternate pedestrian routes will be provided when necessary. • The city of Bayport will be conducting infrastructure improvements to city water and sewer along Hwy 95 in the downtown area as part of this project. The city utility work is expected to occur May through September. Any service disruptions will be communicated to individual businesses and residents prior to the disruption. The project work is expected to be complete by fall 2020. Encourage your residents and businesses to stay up-to-date on closure dates and traffic impacts by signing up for email updates at the project website: 5 of 91 http://www.dot.state.mn.us/metro/proeects/hwy95baXport/. If you have any questions about the project, please email or call the appropriate contact listed below. Thank you for your cooperation and assistance during this much needed work. Sincerely, Adam Josephson — MnDOT East Area Manager Contacts: Denise Workcuff—MnDOT Communications denise.workcuffC@state.mn.us Kjensmo Walker—MnDOT Business Liaison kiensmo.walker(@state.mn.us Matt Kline—City of Bayport Utilities mkline(a)ci.bakport.mn.us 6 of 91 RESOLUTION 20-01 BROWN'S CREEK WATERSHED DISTRICT BOARD OF MANAGERS Adopting Amendments to Brown's Creek Watershed District Rule 2.0- Stormwater Management Manager G k l-c-5 offered the following resolution and moved its adoption, seconded by Manager Fd L+u S a C4 WHEREAS the Brown's Creek Watershed District, a governmental subdivision with powers set forth in Minnesota Statutes chapters 103B and 103D, is authorized to act to achieve the purposes set forth in those chapters for the protection, conservation and beneficial use of the water resources of the Brown's Creek watershed; WHEREAS Minnesota Statutes section 103D.341 states that a watershed district board of managers must adopt rules to accomplish the purposes of chapter 103D and implement the powers of the managers specified in Minnesota Statutes section 103D.335, and in fulfillment of this mandate the Browri s Creek Watershed District Board of Managers has had duly adopted rules in effect since January 1, 2000, and the Brown's Creek Watershed District Rules, adopted as amended effective January 1, 2018, are currently in effect; WHEREAS the January 2018 amendments expanded application of BCWD's longstanding stormwater-management requirements to a new set of relatively small redevelopment projects, prompting expressions of concern from the regulated community and public-agency representatives, resulting in BCWD's initiating a yearlong stakeholder-outreach process to ensure the BCWD rules effectively weighed critical resource-protection results achieved by the regulatory program against the burden of compliance on property owners; WHEREAS on January 10, 2020, BCWD issued proposed amendments to its Rule 2.0 - Stormwater Management for review and comment, along with an explanatory memorandum, and sent a copy of the proposed rules to state review agencies, public transportation authorities that have jurisdiction within the watershed, and all cities and townships within the watershed, and posted the proposed amendments on the BCWD web site for review and comment from other interested parties, and BCWD provided 45 days for comment in accordance with section 103D.341, and the comment period closed February 24, 2020; WHEREAS during the comment period parties provided the board with written comments on the proposed amendments, and on February 12, 2020, the District held a duly noticed public hearing on the proposed amendments, but no substantive verbal comments were offered; 7 of 91 WHEREAS the board has reviewed, given due consideration to all comments, received and made changes in response to some comments in preparing the final draft of the amendments, as explained in the "Memorandum Providing Background on and an Explanation of the March 2020 Amendments to Brown's Creek Watershed District Rule 2.0 - Stormwater Management" and the responses-to-comments document attached to this resolution; and WHEREAS the BCWD Board of Managers finds the rule as amended to be sound, reasonable and fair; to serve to protect, conserve and manage the beneficial uses of the water resources of the Brown's Creek watershed, and generally to promote the public welfare. THEREFORE, BE IT RESOLVED that the board of managers approves the attached "Memorandum Providing Background on and an Explanation of Proposed the March 2020 Amendments to Browri s Creek Watershed District Rule 2.0 - Stormwater Management," and the responses to comments attached hereto, and adopts the attached amended Brown's Creek Watershed District Rules with such nonsubstantive revisions as the administrator, on advice of counsel, deems necessary to properly finalize amendment of rule; BE IT FURTHER RESOLVED that the rule so amended will apply to permit applications received complete on or after April 1, 2020, except that an applicant who has filed an application prior to the effective date may elect, in writing, to have the application analyzed and permit decision rendered under the amended rule, so long as BCWD has not issued a decision on the application as of March 12, 2020; BE IT FURTHER RESOLVED that the BCWD Board of Managers directs the administrator to post the memorandum and responses to the comments on the BCWD web site, and provide the responses and final amendments to commenters; BE IT FURTHER RESOLVED that the board of managers directs the administrator to append the amended BCWD rules to the watershed management plan as a replacement Appendix F on confirmation of a representative of the Minnesota Board of Water and Soil Resources that such an update would constitute a "clarification of existing plan goals or policies" and an "adjustment to how [BCWD] will carry out program activities within its discretion," as stated in Minnesota Rules 8410.0140, subpart 1a, that does not require a plan amendment; and BE IT FINALLY RESOLVED that the BCWD administrator is directed to publish notice of the adoption of the amendments to the rules, mail a copy of the amended rules to the governing body of each city and township affected by the rules and public transportation authorities with jurisdiction in the watershed, and file a copy of the amended rules in the office of the Washington County Recorder. 8 of 91 The question was on the adoption of the resolution and there were yeas and Q nays as follows: Yea Nay Abstain Absent ECKLES [� ❑ ❑ ❑ JOHNSON l� ❑ ❑ ❑ LEISER C( ❑ ❑ ❑ LeROUX lid' ❑ ❑ ❑ SCHWARZE C ❑ ❑ ❑ Upon vote, the chair declared the resolution adopted. March 11, 2020 I, Chuck LeRoux, secretary of the Brown's Creek Watershed District, do hereby certify that I have compared the above resolution with the original thereof as the same appears of record and on file with the BCWD and find the same to be a true and correct transcript thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand this // day of a vlb,(Cj� 2020. Chuck LeRoux, Secre ry 9 of 91 B RCS WN r S -+ss [[AvwARU) Av[ N CREEK C7AKl 128 MN ' 55 - WAT E RS H E D ('S 1.3io.8220 x2r, [P1 I()NF[ DISTRICT w:f;:W.BCW47 D.CAR o Memorandum Providing Background on and an Explanation of the March 2020 Amendments to Brown's Creek Watershed District Rule 2.0- Stormwater Management March 11,2020 I. BACKGROUND Introduction This memo presents a summary and explanation of changes made in early 2020 to Brown's Creek Watershed District's Rule 2.0-Stormwater Management. With this rule amendment, BCWD established a unique set of stormwater-management standards that apply only to land- altering activities undertaken on properties in the subwatershed draining to the Diversion Structure (located approximately 600 feet west of Neal Avenue on the south side of the Brown's Creek State Trail in Stillwater and shown on page 2 of Appendix A to this memo).' Since the installation of the Diversion Structure in 2003, stormwater flow from the Long Lake drainage area has been diverted from Brown's Creek into McKusick Lake. The project has successfully reduced flow of warm water degrading Brown's Creek as trout habitat. Within the Diversion Structure subwatershed,BCWD has adopted a regulatory framework adapted from the Minimal Impact Design Standards,which were developed by a team of professionals from various public and private organizations operating under the auspices of the Minnesota Pollution Control Agency,which now provides web-based background information and MIDS- implementation resources: MIDS. This memo provides information to support and explain the BCWD Board of Managers' decision to significantly and substantively amend the rule. The update followed changes adopted in early 2018 as part of the implementation of BCWD's 2016 watershed management plan. The extensive hydrological and analytical basis for the 2018 rule is referenced in the memorandum issued in support of that update,which is available on the BCWD website under the"permitting" drop-down menu: www.bcwd.org. The 2018 revision did not substantially change the rate-control,volume-retention or water- quality standards BCWD applied to land-altering activities. But it did make the standards applicable to smaller redevelopment projects than had been subject to the rule in the past. In addition,the rule standards-which were designed and first implemented in 2000 to protect one of the last remaining trout streams in the metro area-remained different from those imposed by other watershed organizations in Washington County. These two aspects of the 1 As noted in the rule,there is a small portion of the City of Grant that drains to the Diversion Structure but is not included within the Diversion Structure subwatershed for purposes of the BCWD rules.However,the Trunk Highway 36 right-of-way within Brown's Creek watershed drains to and is entirely within the subwatershed. Memo:Background for and Explanation of Proposed Amendments to Brown's Creek Watershed District Rules March 11,2020 10 of 91 rules were cited by watershed stakeholders as constituting an unreasonable regulatory burden on watershed property owners seeking a permit from BCWD. At the same time,BCWD had experienced the challenges facing property owners whose sites were not conducive to infiltration because of high groundwater or concerns about the negative impact infiltrated stormwater may have on drinking-water supplies;it was very difficult for property owners to meet BCWD's volume standard at such locations through other means of retention-e.g., stormwater reuse. These factors prompted BCWD's relatively quick turn to changing its rule. A year-long stakeholder engagement process,accompanied by consultation and work sessions with staff at other watershed organizations and cities in Browns Creek watershed,led to the rule amendments,which were adopted in March 2020. This memorandum supports and explains the BCWD Board of Managers' determination that the proposed changes to the rule will improve the efficiency and cost-effectiveness of its efforts to protect water resources and mitigate the risk of flooding. It describes the basis for BCWD's determination that BCWD has multiple tools it can utilize to protect Brown's Creek and other water bodies such as can be used to make up for the protection that will be lost by making the stormwater-management standards less stringent in one distinct subwatershed. BCWD's decision to adopt a rule with different stormwater-management standards for different parts of the watershed was made to provide near-term regulatory relief to property owners in a portion of the watershed in which infiltration is particularly difficult. It rests,critically, on the results of analysis by the BCWD engineer showing that because of existing agreements limiting infiltration and/or difficulties in providing infiltration due to poor soils or proximity to drinking water wells in Oak Park Heights and Stillwater,the imposition of MIDS in the Diversion Structure subwatershed produces resource protection as good or better than would result from requiring the established BCWD volume-retention standard in the subwatershed. BCWD did not reach a similar conclusion with regard to shifting from the present standard for rate-control (no increase from presettlement rates) to a standard requiring no-increase from existing rates. That is,maintaining rate of discharge of stormwater only to existing rates as a property is redeveloped creates risk of continued erosion and sedimentation to downgradient resources. But BCWD has identified several locations within the Division Structure subwatershed that-with the support,engagement and assistance of the cities of Stillwater and Oak Park Heights-could host retrofit best-management practices constructed by BCWD that would offset the loss of protection from loosening the rate-control standard. These locations provide an advantage in that they can be targeted and designed to provide cost-effective resource enhancement rather than waiting for redevelopment to occur,as is necessary in a regulatory context. BCWD does not lightly incur the complexity associated with the bifurcation of the watershed into areas with separate, different stormwater-management regulatory requirements. But the need to protect Brown's Creek and the engineer's 2017 analysis showing that MIDS does not provide sufficient protection elsewhere in the watershed preclude the ready adoption of a MIDS framework throughout the watershed. BCWD will examine the need to and basis for general revision of the stormwater rule (as well as other BCWD rules) and may soon propose additional changes. But the need to timely respond to stakeholders,coupled with the analytical basis for adopting MIDS in the Diversion Structure Subwatershed led to the creation of the wo-zone regulatory framework adopted in March 2020. 2 Memo Providing Background for and Explanation of March 2020 Amendments to Browns Creek Watershed District Rules March 11,2020 11 of 91 Stakeholder input The comments received during the statutory comment period2 and BCWD's responses are captured in the attached table (Appendix B). Prior to the formal comment period,the following meetings were held with stakeholders (see Appendix C) regarding BCWD's stormwater-management requirements. Meeting Date Meeting Objectives Report (if applicable) December 12, 2018 Stakeholder meeting To identify Report #1 issues/concerns with the BCWD's rules and regulatory program July 2,2019 Presentation to Update council and Minutes Stillwater City receive input Council September 3,2019 Presentation to Grant Update council and City Council receive input September 10,2019 Presentation to Oak Update council and Park Heights City receive input Council July 24, 2019 Meeting with Review MIDS MIDS member Evaluation and Evaluation communities and discuss impacts to Report adjacent watershed existing regulatory Meeting districts #1 framework Summary August 14, 2019 Meeting with Review other Rate Control member stormwater Evaluation communities and management adjacent watershed requirements to districts #2 identify areas of consistency and/or inconsistency August 28, 2019 Meeting with Continue to review Meeting member other stormwater Summary communities and management adjacent watershed requirements to 2 Minn. Stat § 103D.341, subd. 2(b). 3 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 12 of 91 districts #3 identify areas of consistency and/or inconsistency September 26, 2019 Meeting with Review wetland adjacent watershed management rules to districts identify opportunities to make the rule language and requirements more consistent October 9, 2019 Meeting with Discuss rate control member standard and communities and opportunities for a adjacent watershed fee-in-lieu program districts #3 December 2, 2019 Stakeholder meeting To review what #2 BCWD accomplished in 2019 and discuss potential rule revisions for the drainage area to the Diversion Structure Rule 2.0 - Stormwater Management The changes to the BCWD stormwater rule create a separate set of triggers and criteria that apply exclusively in the Diversion Structure Subwatershed. The only exceptions to this characterization are the shift for work within a surface water contributing area of a groundwater-dependent natural resource from 5,000 square feet to 6,000,matching similar triggers in neighboring watersheds and the change to the verb in"Required Exhibits" from "must" to"may" in response to a comment from the Minnesota Department of Transportation (as discussed in the Appendix B matrix). Other changes in the rule are mechanical/typographical corrections (in subsections 2.7 and 2.9),and the addition of a new policy statement that reflects the drivers for this revision and,perhaps,further revisions down the road: 2.1.6 states BCWD's interest in creating"regulatory consistency to the greatest extent possible with neighboring watershed organizations and cities within the Brown's Creek watershed." To support engagement of stakeholders-especially the Division Structure Subwatershed cities of Stillwater and Oak Park Heights-BCWD created a table comparing the operation of its present stormwater rule to the proposed revision. The table-an updated version of which is attached here as Appendix A- describes the differences between the former rule requirements, 4 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 13 of 91 and the new triggers and standards. The table also provides explanation of why the triggers and standards were revised,and as noted above includes a map showing the subwatershed. The triggers and standards for land-altering activities outside the Diversion Structure Subwatershed were not changed. That is, outside the subwatershed,the rule continues to apply and operate as it has since early 2018. The table below explains the operation of and reasoning for the changes. The following are offered to further clarify: • In the first instance,an applicant for a permit for land-altering activity within the subwatershed must meet the criteria in 2.4.1(b) (for development,redevelopment and subdivision projects) or 2.4.2(b) (for linear projects). If however,the applicant can demonstrate that infiltration is not reasonably feasible onsite,review of the application proceeds under section 2.4.3-the Flexible Treatment Options. Importantly,the Flexible Treatment Options are prioritized, so an applicant can comply with the rule by meeting 2.4.3(b) only if the applicant first demonstrates that it cannot meet 2.4.3(a) on its site. • Redevelopment projects throughout the watershed must provide stormwater management only for as much of the applicant's property as is subject to the rule under subsection 2.2(b). So the stormwater-treatment requirements apply only the portion of the property that is disturbed and paved or repaved if less than 50 percent of the existing impervious is disturbed and the total amount of imperviousness is proposed to increase by less than 50 percent. • Where a linear project within the Diversion Structure Subwatershed cannot meet the larger of the two measures in 2.4.2(b)(i) and (ii),the applicant can utilize the Flexible Treatment Options. 5 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 14 of 91 B R0 W N f S ass I-Invwn A— N J, T C7AKC8 M N 55 K 55128 WAT E R5 H E D www.Bcwo.oRc Appendix A: Summary of Proposed Changes to BCWD Rule 2.0 Stormwater Management Stakeholder Input Meeting—December 2,2019 FROM TO WHY Rule Applicability: Rule Applicability: The Diversion Structure Subwatershed(Figure 1)is unique in BCWD Rule 2.0 Stormwater BCWD Rule 2.0 calls out the Diversion Structure BCWD.It is the area of the most dense development and Management applies uniformly Subwatershed to apply a unique set of redevelopment.The existing diversion structure takes throughout watershed stormwater requirements drainage from Long Lake and three tributaries,providing protection to Brown's Creek up to the 1.5 year storm.The area encompasses portions of the cities of Stillwater and Oak Park Heights,both of which have recently adopted MIDS. Rate Control in Diversion Rate Control in Diversion Structure Subwatershed: After discussions with the cities of Stillwater and Oak Park Structure Subwatershed: (a)No increase in the existing peak stormwater Heights and the neighboring watershed districts,BCWD is 2.4.1 Management Standards(a) flow rates from the site for a 24-hour proposing to match the existing rate control standards of Land-altering activity will not precipitation event with a return frequency of 2, its member communities(i.e.,match existing peak flow increase peak stormwater flow 10,or 100 years for all points where discharge rates)in the Diversion Structure Subwatershed. from the site,as compared with leaves a site; the pre-settlement condition, Recognizing that there are hydrology-related stressors in for a 24-hour precipitation event the drainage area,the BCWD Board of Managers is with a return frequency of 2,10, proposing to explore options for regional stormwater or 100 years for all points where management retrofits to address these hydrologic discharge leaves a site. changes. Volume Control in Diversion Volume Control in Diversion Structure To address concerns expressed during the December 2018 Structure Subwatershed: Subwatershed:: Stakeholder Meeting and to bring the BCWD's rules into 2.4.1 Management Standards(b) Change to MIDS Standard: alignment with its member communities in this portion of the Land-altering activity will not (b)Retention onsite of 1.1 inches of stormwater watershed. increase stormwater flow volume from the regulated impervious surface, volume from all points where except where section 2.4.3—Flexible Treatment This decision was supported by an evaluation by the BCWD discharge leaves a site,as Options applies; engineer which found that MIDS provided similar resource compared with the pre- protection(volume control and water quality treatment)in settlement condition,for a 24- the drainage area to the Diversion Structure,which is subject hour precipitation event with a to the Trout Stream Mitigation Project Agreement(which return frequency of two years,or limits application of BCWD's volume-control standard)and is five years within a landlocked located in a high-vulnerability Drinking Water Supply basin or a subwatershed draining Management Area.These factors both reduce the infiltration to a landlocked basin. capacity of the area and support BCWD's integration of Flexible Treatment Options into the stormwater- management criteria. Water Quality in Diversion Water Quality in Diversion Structure MIDS provides water quality treatment through the retention Structure Subwatershed: Subwatershed: of 1.1 inches of stormwater volume.As a result,the stand- (c)At the downgradient property Provided by volume-control management. alone water quality rule is absent from the requirements in boundary or to an onsite the drainage area to the Diversion Structure. receiving waterbody or wetland, increase annual phosphorus loading as compared with the pre-development condition. NEW addition to the rules Flexible Treatment Options.Where BCWD To address concerns expressed during the December 2018 concurs that an applicant has demonstrated that Stakeholder Meeting and to bring the BCWD's rules into retention of 1.1 inches of stormwater volume alignment with its member communities in this portion of the onsite is not reasonably feasible because of soil watershed. conditions and/or is reasonable likely to cause or exacerbate migration of underground Flexible Treatment Options allow a permit applicant to meet contaminants or create risk to drinking water,the reduced volume-control requirements where site conditions applicant must provide management of volume preclude or substantially limit infiltration. and water quality from the regulated impervious surface in accordance with the following priority Note:Because less volume control is required under the sequence: Flexible Treatment Options,MIDS articulates a corresponding (a) Retention onsite of 0.55 inches of runoff water quality treatment needed for each scenario. and removal of 75 percent of the annual total phosphorous loading; (b) Retention onsite of stormwater volume to the maximum extent practicable and removal of 60 percent of the annual total phosphorous loading. Concurrence by BCWD in a determination that it is not reasonably feasible to meet the stormwater retention standard necessarily involves a demonstration that the applicant has assessed relocation of project elements to address varying soil conditions. NEW addition to the rules Appendix 2.2 Figure of the drainage area to the Figure provided in the rules to clearly identify where the new Diversion Structure Rule 2.4.113 Management Standards apply.See Figure 1 Memo:Background for and Explanation of Proposed Amendments to Brow 's Creek Watershed District Rules March 11,2020 15 of 91 Z ...__ Mckusick Rd a -Mckusick Rd �9� l -- �—� � McKusick Lake Diversion Structure r( 4 rhut'a - � dc;ra ZBfh St N yf� W Pine St ur a _ o m Q m E g. E �. Od�� z _ o m Gest BIW m 0 e rc r m m � � r m3 _E FK Legend McKusick Lake Diversion- BCWD Jurisdiction Boundary Drainage Boundary Waterbody/Stormwater Pond QMcKusickLkD'rv_drainage Streamrrributary a Miles m 0 0.5 Figure 1.Drainage Area to the Diversion Structure(where the new Rule 2.4.1 B Management Standards apply). There is a very small portion of the City of Grant that drains to the Diversion Structure but is not included within the Diversion Structure subwatershed for purposes of the BCWD rules 7 Memo Providing Background for and Explanation of March 2020 Amendments to Browri s Creek Watershed District Rules March 11,2020 16 of 91 Appendix B:Comment-Response Matrix Brown's Creek Watershed District March 2020 rulemaking—comments&responses Rule Provision Name Organization Comment Response 1 Section 2.2 Beth D. Minnesota Page 3,Section 2.2 Applicability,part b 1.BCWD will continue to provide the Applicability,parts Neuendorf,PE Department of and c,refer to the contributing area of inventory of groundwater-dependent natural b and c Transportation a groundwater dependent natural resources it has already compiled.But resource. 1.Are these directly because the information is not the result of a draining to or indirectly draining to comprehensive assessment,BCWD needs to the groundwater dependent natural require applicant assessments(which in most resources?2.When would the 6,000 cases will not require substantial research or square feet apply?3.Please include the analysis).(Note that this comment and the reference to the map in Appendix A:67 response address rule language and operation of the BCWD Watershed Management that have not been revised.)2.The Plan as well. impervious-surface threshold applies on a project-by-project basis.3.The map referred to is not a part of the rule,but will be provided in guidance. 2 Section 2.4.2 Beth D. Minnesota Page 5,Section 2.4.2 Management As stated in the rules support memo,analysis Management Neuendorf,PE Department of Standards,Linear Projects:The in 2017"showing that MIDS does not provide Standards,Linear Transportation proposed MfDs standards and meeting sufficient protection elsewhere in the Projects existing rates rather than presettlement watershed precludes]the ready adoption of a rates for the area within the Diversion MEDS framework throughout the watershed. Structure Subwatershed should be BCWD[intends to]examine the need to and applied to the entire watershed for basis for general revision of the stormwater consistency within the watershed. rule(as well as other BCWD rules)and may Meeting presettlement rates and soon propose additional changes."BCWD volume control for the 2 year,24 hour will consider providing flexible treatment event is not possible along the narrow options district-wide in the next phase of rule TH 96 right-of-way. revision. 3 Section 2.4.3 Flexible Beth D. Minnesota Page 6,Section 2.4.3 Flexible BCWD agrees that the lack of adequate Treatment Options Neuendorf,PE Department of Treatment Options Within the separation from groundwater is a reasonable Within the Transportation Diversion Structure Subwatershed: basis for application of the Flexible Treatment Diversion Structure Apply the flexible treatment options to Options in 2.4.3.To provide for consideration Subwatershed the entire Brown's Creek Watershed of such inherent site conditions,BCWD has District.Add lack of 3'separation to revised the text of the rule to broaden the the groundwater table in addition to scope of conditions and characteristics that the soil conditions as a reason that can support BCWD concurrence in a finding onsite retention is not reasonably that retention of stormwater volume onsite is feasible.Meeting presettlement rates not reasonably feasible. and volume control for the 2 year,24 hour event is not possible along the narrow TH 96 right-of-way.There should be alternate compliance sequencing in the Rules when compliance cannot be met. 4 Section 2.5.3 Basin in Beth D. Minnesota Page 7,Section 2.5.3 Basin in Please see the response to comment 1.Also, Contributing Area Neuendorf,PE Department of Contributing Area to Groundwater the standard stated in section 2.5.3 applies to to Groundwater Transportation Dependent Natural Resource:This design of a practice within the surface Dependent Natural section says to infiltrate the volume contributing area to a groundwater natural Resource generated by a 2 year,24 hour event resource,and while the watershed generally within the surface contributing area to drains to Brown's Creek,only certain surface a groundwater dependent natural areas drain directly to the creek(or another resource.A map of the groundwater GDNR).Also,the requirement in 2.5.3 does dependent natural resources is in become operable for a particular project if the Appendix A:67 of the BCWD applicant has shown that volume retention is Watershed Management Plan.Some not reasonably feasible,so there is no groundwater dependent natural contradiction;both provisions can be given resources are within the Diversion effect. Structure Subwatershed,so this section is contradictory to the proposed Rules. Brown's Creek is a groundwater dependent natural resource,which everything in the watershed drains to, so it is unclear as to how to apply this part of the Rules. 8 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 17 of 91 5 Section 2.7.10 Beth D. Minnesota Page 8,Section 2.7.10 Required 1.BCWD has revised the rules to reflect the Required Exhibits Neuendorf,PE Department of Exhibits:This section should be fact that not every exhibit item is required for Transportation adjusted to match the Rules. every permit.The exhibit list provides applicants with notice of the exhibits that may be required;BCWD does not,by the revision of the language from"must"to"may"denote that the required exhibits will be the subject of negotiation with applicants(the BCWD engineer will designate which exhibit are necessary for determination of a particular application).2.Stormwater runoff rate analysis for the two-,10-,and 100-year critical events and runoff volume for the two-year event(or five-year event for a landlocked basin)under pre-settlement and proposed conditions using Appendix 2.3 to simulate infiltration losses in designed practices"OR stormwater runoff rate analysis for the two-, 10-,and 100-year critical events under existing and proposed conditions and runoff volume for 1.1-inch generated from impervious surfaces." 6 Appendix 2.2, Beth D. Minnesota Appendix 2.2,Diversion Structure Text has been added to the footnote in the Diversion Structure Neuendorf,PE Department of Subwatershed Map:Please clarify that, rule to clarify that the Trunk Highway 36 Subwatershed Map Transportation within BCWD,TH 36 is entirely within right-of-way within the Brown's Creek the McKusick Lake Diversion watershed is entirely within the Diversion Structure Subwatershed. Structure drainage area. 7 Sam Paske, Metropolitan Council staff appreciate the difficulty Comment noted.Thank you. Assistant Council, of balancing the goals of(re General Environmental )development and protecting water Manager Services Division quality within the boundaries of the BCWD.The proposed rule change is a proactive approach that addresses BCWD's stakeholder concerns of undue regulatory burden, groundwater contamination concerns, and inability to infiltrate due to soil characteristics within the watershed. 8 Sam Paske, Metropolitan Council staff applaud the investment Thank you. Assistant Council, of time and resources to undertake a General Environmental yearlong stakeholder engagement Manager Services Division process. 9 Sam Paske, Metropolitan BCWD is adding complexity by having BCWD appreciates that the changes to the Assistant Council, two sets of stormwater rules-one for rule add complexity and does not take this General Environmental the Diversion Structure Subwatershed step lightly.BCWD will continue,after Manager Services Division and one for the remainder of the adoption of these changes,with analysis of district.This may result in stakeholder options balancing flexibility in the rules with confusion as development occurs effective protection of the creek and other within the watershed.Council staff resources,with the intent of reducing appreciate that BCWD performed complexity and increasing regulatory further analysis and determined that a harmony with both municipalities in the watershed wide MIDS application watershed and adjacent watershed would not provide sufficient organizations. protection.It is unfortunate that one rule cannot offer the water quality protections for the entire watershed. 10 2.4.1(b)(i) Sam Paske, Metropolitan The uncertainty of relying on future BCWD would not have started down the path Assistant Council, retrofits or best-management practices that has led to the present revision of the rule General Environmental to offset this loss of protection.There without the engineer's first having Manager Services Division are not any guarantees promising their determined that a MIDS framework provides installation and influence on rate- protection of watershed resources.BCWD control within this subwatershed. takes its responsibility to find and implement However,Council staff realize that this projects to offset the loss of rate control as decision was not taken lightly,and it critical to the success of the regulatory may result in cost-effect way to program and the organization generally. introduce redevelopment,retrofits, BCWD and all Minnesota watershed and best-management practices to the organizations are very experienced in using area. regulation,programs and projects to achieve resource protection and improvement goals. In addition,as noted in the memo supporting the revision,retrofit best management practices allow BCWD to pursue project opportunities on its schedule rather than waiting for improved protection as the subwatershed redevelops and permits are required.On this count,shifting from a regulatory to a project approach is likely to result in better overall protection. 11 Fran Miron, Washington County The county commends the BCWD for Comment noted.Thank you. Commissioner striving for regulatory consistency with its local partners,including watershed organizations and cities. 12 Fran Miron, Washington County Additionally,the county commends Comment noted.Thank you. Commissioner the BCWD for allowing regional compliance opportunities and providing greater flexibility to 9 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 18 of 91 applicants to meet watershed district rule requirements. 13 Fran Miron, Washington County The county's Public Works Please see the response to comment 2. Commissioner Department would request that BCWD consider matching the rules they are implementing in the Diversion Structure Subwatershed throughout the watershed district for improved consistency. 14 Fran Miron, Washington County The county commends BCWD for BCWD followed up on the county's letter and Commissioner continuing to include protections for received confirmation from Maureen groundwater-dependent natural Hoffman,Planner at Washington County resources,including drinking water Public Health and Environment,on February supplies.Although the rules reference 27,2020,that the revised rule provides for groundwater-dependent natural protection of drinking-water supplies. resources the county recommends including an explanation on how the rules address and impact Drinking Water Supply Management Areas (DWSMAs). 10 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 19 of 91 B RCS WN r S -+ss [[AvwARU) Av[ N CREEK C7AKl 128 MN ' 55 - WAT E RS H E D —S :i iCl 1312(] X1[, [I'I I()Nr[ DISTRICT w:fW.BCW47 D.CAR '' Appendix C: Stakeholders Abbi Wittman, City of Stillwater Alena DeGrado,Washington County Amanda Johnson,Summit Management Ben Prchal, City of Lake Elmo Beth Neuendorf,Minnesota Department of Transportation Bill Howell,The Goodman Group Bill Voedisch,May Township Board Bob Appert,Farms of Grant LLC Brad Reifsteck, City of Grant Bryan Bear,City of Hugo Carly Johnson,Oak Park Heights City Council Cory Slagle,Washington County Daniel Parks,Westwood Professional Services Dan Fabian,Board of Water and Soil Resources Emily Javens,Minnesota Association of Watershed Districts Eric Alms,Minnesota Pollution Control Agency Eric Johnson, City of Oak Park Heights Ernest Swanson Pizza Ranch Fran Miron,Washington County Commission Frank Ticknor,Washington County Gary Kriesel,Washington County Commission Jay Riggs,Washington Conservation District Jeff Berg,Minnesota Department of Agriculture Jeff Huber,Grant City Council Jeff Risberg, Minnesota Pollution Control Agency Jenn Kader,Freshwater Jen Kostrzcwski,Metropolitan Council Jenifer Sorensen,Minnesota Department of Natural Resources Joe Radach, Carlson McCain Jon Whitcomb,Metro East Commercial John Hanson,Valley Branch Watershed District John Freitag,Minnesota Department of Health John Linc Stine,Freshwater Judy Sventek,Metropolitan Council Jyneen Thatcher,BCWD Citizen Advisory Committee Karen Richtman,BCWD Citizen Advisory Committee Kathy Schmoeckel,Stillwater Township Kevin von Riedel,Boutwell Farms LLC and Westridge LLC Kim Points, City of Grant Kirk Schultz,Madison Hospitality Group Memo:Background for and Explanation of Proposed Amendments to Browns Creek Watershed District Rules March 11,2020 20 of 91 Kristina Handt, City of Lake Elmo Larry Timmerman,BCWD Citizen Advisory Committee Lee Mann, City of Oak Park Heights Linda Tibbetts,May Township Lynn Bruns, I+S Group Mark Lambert,Summit Management Matt Downing,Middle St. Croix Watershed Management Organization Matt Woodruff,Larson Engineering Maureen Hoffman,Washington County Mike Isensee, Carnelian-Marine St. Croix Watershed District Mike Polehna, City of Stillwater Council Mike Runk,Oak Park Heights City Council Molly O'Rourke,Washington County Nathan Arnold,Washington County Paul Richtman,BCWD Citizen Advisory Committee Rachel Juba, City of Hugo Randy Neprash,League of Minnesota Cities Reabar Addullah, City of Stillwater Richard Gagne,The Ponds at Heif ort Hills LLC Rick Vanzwol,BCWD Citizen Advisory Committee Shawn Sanders, City of Stillwater Sheila-Marie Untiedt,Stillwater Township Board Stephanie Souter,Washington County Sterling Black,Fairway Development LLC Steve Woods,Freshwater Society Tim Nolde,Ancho Bay Pro Todd Baumgartner,Wilkerson&Hagna Todd Erickson,Erickson Civil Site Todd Ganz,Heifort Hills Estates Trent Mayberry,Told Development Company Tyler Johnson,Stantec Vicki VanDell,Loucks Vince Driessen,The Driessen Group 12 Memo Providing Background for and Explanation of March 2020 Amendments to Brown's Creek Watershed District Rules March 11,2020 21 of 91 BROWN'S CREEK WATERSHED DISTRICT RULES Adopted January 10, 2018 Effective February 1, 2018, except Rule 2.0 - Stormwater Management Rule amendments adopted March 11, 2020, effective April 1, 2020 Brown's Creek Watershed District Rules 1 22 of 91 2.0 STORMWATER MANAGEMENT 2.1 Purposes and Policy. It is the policy of the District to: 2.1.1 Preserve natural infiltration, groundwater recharge and subsurface flows that support groundwater dependent resources including lakes, streams, wetlands, plant communities and drinking water supplies; 2.1.2 Work toward restoration of natural hydrology by limiting peak off-site stormwater flow to pre-settlement rates; 2.1.3 Limit off-site stormwater flow volume to prevent down-gradient flooding and thermal impacts to Brown's Creek and its tributaries; 2.1.4 Require management of stormwater flow to limit sediments, phosphorus and other pollutants conveyed to ground and surface waters and promote water quality; 2.1.5 Minimize connectivity of impervious surfaces to stormwater conveyance systems and preserve the natural hydrology of landlocked basins to minimize basin and downgradient flood risk; and 2.1.6 Create regulatory consistency to the greatest extent possible with neighboring watershed organizations and cities within the Brown's Creek watershed. 2.2 Applicability. Subject to the exceptions in subsection 2.8, the requirements of this rule apply to: (a) Subdivision of four or more lots; (b) Development or redevelopment creating impervious surface that, aggregated with existing impervious surface on the site, equals 10,000 square feet or more or creating impervious surface that, aggregated with existing impervious surface on the site, equals 6,000 square feet or more on a site within the surface water contributing area of a groundwater-dependent natural resource. For redevelopment: (i) If the proposed activity will disturb more than 50 percent of existing impervious surface, the applicable criteria of subsection 2.4 will apply to all impervious surface and disturbed areas on the project site. (ii) If the proposed activity will disturb less than 50 percent of existing impervious surface, the criteria will apply only to reconstructed and net additional impervious surface, and all disturbed areas on the project site. (c) Linear projects that create one or more acres of new and/or reconstructed impervious surfaces or that create 6,000 square feet or more of new and/or Brown's Creek Watershed District Rules 2 23 of 91 reconstructed impervious surface within the surface water contributing area of a groundwater-dependent natural resource. 2.3 Regulation. Before any activity subject to this rule commences, a stormwater management plan must be submitted to the District. The plan must conform to the requirements of this rule, and a permit must be secured from the District. 2.4 Standards. 2.4.1 Management Standards - Subdivision, Development, Redevelopment. (a) Outside the Diversion Structure Subwatershed, an applicant for a stormwater management permit must demonstrate to the District that the proposed land-altering activity will not: (i) Increase peak stormwater flow from the site, as compared with the pre-settlement condition, for a 24-hour precipitation event with a return frequency of two, 10 or 100 years for all points where discharges leave a site. (ii) Increase stormwater flow volume from all points where discharge leaves the site, as compared with the pre-settlement condition, for a 24-hour precipitation event with a return frequency of two years, or five years within a landlocked basin or a subwatershed draining to a landlocked basin. (iii) At the downgradient property boundary or to an onsite receiving waterbody or wetland, increase annual phosphorus loading as compared with the pre-development condition. (iv) Increase the bounce in water level or duration of inundation, for a 24-hour precipitation event with a return frequency of two, 10 or 100 years in the subwatershed in which the site is located, for any downstream lake or wetland beyond the limit specified in Appendix 2.1. (b) Within the Diversion Structure Subwatershed shown in Appendix 2.2,1 which is incorporated into this rule as a term hereof, an applicant must submit a stormwater-management plan providing: (i) No increase in the existing peak stormwater flow rates from the site for a 24-hour precipitation event with a return frequency of two, 10 or 100 years for all points where discharges leave a site. ' There is a small portion of the City of Grant that drains to the Diversion Structure but is not included within the Diversion Structure subwatershed for purposes of the BCWD rules,except that state- owned right-of-way (Trunk Highway 36)within Grant that drains to the subwatershed is included.The map in Appendix 2.2 shows subwatershed within Stillwater and Oak Park Heights this is subject to the Diversion Structure subwatershed standards. Brown's Creek Watershed District Rules 3 24 of 91 (ii) Retention onsite of 1.1 inches of stormwater volume from the regulated impervious surface, except where section 2.4.3 - Flexible Treatment Options applies. (iii) No increase in the bounce in water level or duration of inundation for a 24-hour precipitation event with a return frequency of two, 10 or 100 years in the subwatershed in which the site is located, for any downstream lake or wetland beyond the limits specified in Appendix 2.1. 2.4.2 Management Standards - Linear Projects (a) Outside the Diversion Structure Subwatershed an applicant must provide a stormwater-management plan meeting the criteria in 2.4.1(a)(i), (iii) and (iv), and provide retention of larger of the following: (i) 100 percent of the required volume per 2.4.1(a)(ii) from the net additional impervious surface; or (ii) 50 percent of the required volume per 2.4.1(a)(ii) from all new and reconstructed impervious surfaces. Notwithstanding, where the applicant can demonstrate that greater than 50 percent of the soil area within the linear project site is categorized as Hydrologic Soil Group D, the stormwater-management plan must provide retention in accordance with 2.4.2(a)(i). (b) Within the Diversion Structure Subwatershed an applicant must provide a stormwater-management plan meeting the criteria in 2.4.1(b)(i) and (iii), and provide retention of larger of the following, except where section 2.4.3 - Flexible Treatment Options applies: (i) 1.1 inches of stormwater volume from the net new impervious surface created; or (ii) 0.55 inches of stormwater volume from the new and fully reconstructed impervious surfaces. 2.4.3 Flexible Treatment Options Within the Diversion Structure Subwatershed. Where an applicant demonstrates that retention of stormwater volume onsite is not reasonably feasible because of soil conditions or other inherent site conditions and/or is reasonably likely to cause or exacerbate migration of underground contaminants or create risk to drinking water, the applicant must provide rate and bounce control, and management of volume and water quality from the regulated impervious surface in accordance with the following priority sequence: (a) Retention onsite of 0.55 inches of runoff and removal of 75 percent of the annual total phosphorus loading; Brown's Creek Watershed District Rules 4 25 of 91 (b) Retention onsite of stormwater volume to the maximum extent practicable and removal of 60 percent of the annual total phosphorus loading. A determination that compliance with the applicable stormwater-retention standard is not reasonably feasible requires a demonstration of an assessment by the applicant of the viability of relocation of project elements to address varying soil conditions. 2.4.4 Obligation to Ensure Performance. A permit granted by the District on a finding that stormwater management facilities, as they are to be constructed and maintained under the permit, will meet applicable performance standards under Rule 2.0 does not require additional steps if the permit is complied with but standards are not met. Notwithstanding, as a specific condition to a permit, the District may impose monitoring, performance evaluation, additional compliance measures or other requirements for the purpose of meeting performance standards. 2.5 Management. 2.5.1 Calculating Off-Site Stormwater Flow. To calculate runoff under pre- settlement condition, pre-development condition or the stormwater management scenario proposed for approval, Soil Conservation Service TR-20 method is to be used. Pre-settlement CN-values will be as follows: Hydrologic Soil Group Curve Number A 30 B 57 C 70 D 77 All assumptions for CN-values and impervious surface area estimates must be clearly stated. A distributed CN-value approach must be used to calculate runoff flows. An area of the site to be disturbed during construction will be assigned a CN- value corresponding to a soil permeability class one step below that of the undisturbed soil unless the permit specifies a District-approved method to restore soil structure. 2.5.2 Infiltration Pretreatment. Surface flows to infiltration facilities must be pretreated for long-term removal of at least 50 percent of sediment loads. In the event an infiltration facility is constructed in the vicinity downstream of a potential Hot Spot, a skimmer must be installed to facilitate cleanup. Brown's Creek Watershed District Rules S 26 of 91 2.5.3 Basin in Contributing Area to Groundwater-Dependent Natural Resource. A stormwater basin within the surface contributing area to a groundwater- dependent natural resource must contain and infiltrate the volume generated by a two-year, 24-hour storm event, if feasible. The basin bottom must be at least three feet above the seasonally high water table, bedrock or other impeding layer. If this infiltration standard is determined infeasible, basin outflow must be non-erosive and routed through a subsurface system, flow spreader or other device that discharges water through or across the ground to lower discharge temperature to that of the ambient soil. 2.5.4 Conformance to Floodplain and Drainage Alteration Requirements. Land- altering activities subject to this rule must comply with lowest-floor elevation requirements in subsection 7.3.2 of these rules. 2.6 Maintenance. All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity to assure that they continue to function as designed. Permit applicants must provide a maintenance, inspection and, if required, monitoring plan that identifies and protects the design, capacity and functionality of onsite and offsite stormwater management facilities; provides specifications, methods and a schedule for the inspection and maintenance in perpetuity of the facility, with documentation retained onsite and available to the District on reasonable notice; and contains at a minimum the requirements in the District's standard maintenance declaration. The maintenance plan will be recorded on the deed in a form acceptable to the District. A public applicant may comply with this requirement by entering an agreement with the District in lieu of a recorded document. 2.7 Required Exhibits. The following items, certified by a professional engineer licensed in the State of Minnesota, licensed land surveyor, or other appropriate professional, may be required to support a permit application submitted to the District pursuant to Rule 2.0: 2.7.1 BMP Design and Construction Standards. Stormwater management BMPs must be designed and constructed in accordance with the most recently amended editions of the following: (a) Minnesota Pollution Control Agency, Stormwater Manual. (b) Minnesota Pollution Control Agency, Protecting Water Quality in Urban Areas Manual (c) Minnesota Department of Transportation, Erosion Control Handbook II. 2.7.2 Property lines and delineation of lands under applicant's ownership; 2.7.3 For existing and proposed conditions, topography showing all on- and off- site subwatersheds contributing to surface flows onto or from the site; Brown's Creek Watershed District Rules 6 27 of 91 2.7.4 The location, alignment and elevation of proposed and existing stormwater facilities; 2.7.5 Delineation of existing on-site wetland, shoreland, drain tiling and floodplain areas as defined in the 2010 FEMA study; 2.7.6 Existing and proposed normal and 100-year water elevations on site; 2.7.7 Existing and proposed site contour elevations at two-foot intervals, related to NAVD88 (geoid09) vertical datum. 2.7.8 Elevation of the OHWL of each public water on the site, if determined by the Minnesota Department of Natural Resources; 2.7.9 Construction plans, specifications and a maintenance schedule for all proposed facilities; 2.7.10 Stormwater runoff rate analyses for the two-, 10- and 100-year critical events and runoff volume for the two-year event (or five-year event for a landlocked basin) under pre-settlement and proposed conditions, using Appendix 2.3 to simulate infiltration losses in designed practices OR stormwater runoff rate analysis for the two-, 10-, and 100-year critical events under existing and proposed conditions and runoff volume for 1.1-inch generated from impervious surfaces; 2.7.11 Water-quality analysis for the average annual year. 2.7.12 Logs of soil borings, pits and grain size analysis within the proposed boundary of the BMP(s) designed to infiltrate stormwater, showing data in accordance with the table in Appendix 2.4; 2.7.13 Soil-type analysis for purposes of demonstration of predominantly Hydrologic Soil Group D soils,where applicable. 2.7.14 Delineation of any flowage and drainage easements and other property interests dedicated to stormwater management purposes. 2.7.15 Documentation as to the status of a National Pollutant Discharge Elimination System stormwater permit for the project from the Minnesota Pollution Control Agency and provide the Storm Water Pollution Prevention Plan (SWPPP) as it becomes available; 2.7.16 Thermal impact analysis demonstrating compliance with paragraph 2.5.3, if applicable. 2.7.17 Additional required exhibits for proposed stormwater reuse systems: (a) Completed analysis using Metropolitan Council Stormwater Reuse Guide 'Water Balance Tool Irrigation Constant Demand' spreadsheet for irrigation practices or 'Water Balance Too Non-Irrigation Constant Demand' Spreadsheet for nonirrigation practices. The tools are available Brown's Creek Watershed District Rules 7 28 of 91 for download at: http://www.metrocouncil.org/Wastewater- Water/Planning/Water-Supply-Planning/Stormwater-Reuse-Guide- Tools-zipped-file.asp x (b) Documentation demonstrating suitability of soils, storage system and delivery system; (c) Operations and maintenance plan; and (d) Performance monitoring plan. 2.8 Exceptions. No permit under this rule is required for: 2.8.1 Single-Family Home Sites. Construction or reconstruction on a single-family home site consistent with a subdivision, development or redevelopment plan and stormwater management implemented in accordance with a District permit issued after February 1, 2018. 2.8.2 Land-disturbing activities that do not involve creation of new impervious surface or reconstruction of existing impervious surface. 2.9 Regional Treatment. An applicant may comply with applicable BCWD stormwater rate-control,volume-retention and water-quality standards by providing equal or greater peak rate control,volume control and phosphorus control through a regional or subwatershed plan approved by the District. A regional plan must provide for an annual accounting to the District of treatment capacity created and utilized by projects or land-altering activities within the drainage and treatment area to which the plan pertains. District approval of a regional or subwatershed plan will be based on a determination that: (a) the use of a regional facility in place of onsite stormwater management will not result in adverse impacts to local groundwater or natural resources located upstream of the regional facility, including, but not limited to, reduced water quality, altered wetland hydrology,changes to stream velocities or base flow, erosion, or reduced groundwater recharge; and (b) the plan incorporates onsite BMPs to mitigate impacts and provide local benefits not provided by the regional facility. The applicant, before commencing any land-altering activity, must demonstrate that downgradient stormwater conveyance structures and facilities will be adequate to handle proposed increased peak flow or flow volume from the site, it holds the legal rights necessary to discharge to the stormwater facility or facilities in the regional plan, and that the facility or facilities are subject to a maintenance document satisfying the requirements of paragraph 2.6. 2.10 Groundwater-Dependent Natural Resource Management Plans. If the District has prepared a management plan for a groundwater-dependent natural resource and Brown's Creek Watershed District Rules 8 29 of 91 incorporated management standards in that plan into its rules through a formal rulemaking process, any land-altering activity within the surface contributing area or overlying the groundwater recharge area of that resource must conform to applicable standards in the plan. Brown's Creek Watershed District Rules 9 30 of 91 \ \ � 0 � . � G / q § § § 75 k 6 / \ � 75 75 75 e k W W W W 0 0 0 + + o a o / � � � \ ct \ 2 \G m 2 2 e / e e e / m k '7 % ct tct ct \ © ? § \ § f \ \ \ a) \ { 2 U 2 2 2 \ \ co APPENDIX 2.2 Diversion Structure Subwatershed Z d Mokusick R ¢ Mckusick Rd mo p,.•z J McKusick Lake Diversion Structure Z 80thStN m ' o> f c c � �hals °tryi, i 75th St N ... W Pine St E R W od a Y -- W ins- a � � m �Ab ce crest She n - rc a n 0 o`o S a'm ao mg va EQ, �z Qa E MIS Legend McKusick Lake Diversion - BCV4b Jurisdiction Boundary Drainage Boundary I Waterbody/Storm water Pond McKusilDiv_drain age --- Streamlrributary ® Miles 0 0.5 Brown's Creek Watershed District Rules I I 32 of 91 •b�A rte+ � M M CO CO CO CO CO v'� v� �p N � � � M � � cz cz cz E� Cdro Ix 'R� 'Rcz m � cz cz cz cz 'C 'C 'C a 'C 'C 'C '� '� c� c� '� c� '� '� c� c� p c� - O U U N U U U 0 ct ct Vz a O W w 0 ° 0 _ct _ct _ct O o 0 0 0 0 o o 0 0 0 v n v n v n v n v n `n `n O w o ° rA i i o o CZ i°\n i°\n N N cz kr) cz u i°\n °c\v cz C7 v C7 ^" C7 n cn v n a a O cn cn � .cn N •� � � � o o � � ° Q 0 cn za U w ;zt rn ro m o 0 o Cl) Cl)cd APPENDIX 2.4 Required number of soil borings, pits or permeameter tests for BMP design Surface area of stormwater Borings Pits Permeameter control measure (BMP)(ft2) tests <1,000 1 1 5 1,000 to 5,000 2 2 10 5,000 to 10,000 3 3 15 >10,000 1 41 1 41 1 202 1 an additional soil boring or pit should be completed for each additional 2,300 ft2 above 12,500 ft2 z an additional five permeameter tests should be completed for each additional 5,000 ft2 above 15,000 ft2 Source:Minnesota Stormwater Manual Brown's Creek Watershed District Rules 13 34 of 91 City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heiehts,MN 55082•Phone(651)439-4439•Fax(651)439-0574 April 1", 2020 TO: Kevin Peterson, Washington County Via email only: Kevin.Peterson @co.washington.m n.us RE: SOUTH FRONTAGE ROAD—Manning and STH 36 Dear Kevin: (First of all; I am sorry for some delay in this letter,we have been deeply engaged in the COVID-19 matter,I am sure you can all understand.) The City has received from the County-two requests: • A request to provide support for a MET COUNCIL Regional Solicitation on the County's concepts for the installation of a FRONTAGE ROAD connecting Memorial Ave to a new point of connection on Manning Ave; and, • For the City to participate in a Local Advisory Team process related to the development of such roadway Project. We do appreciate these opportunities to engage however as you can understand the City has maintains concerns related to this Project that we would appreciate feedback before we commit further time, resources or feedback; They are as follows: 1. The City would like to be supplied some deeper clarifications from the County outlining it's need for this prospective roadway as well as alternatives considered and why these have been rejected. Please include in the analysis regarding the installation of a TH 36 slip-lane both east and westbound between Manning and Stillwater Blvd. We are not asking for copies of the County CIP or to indicate that the County's needs are invalid, but we ask for this deeper perspective as to what justifies this possible project and alternative rejection. Please help us understand why this is critical. 2. The County Public Works office tends to view projects primarily from the lens of transportation,and not from a planning or community interface — such as land use impacts or tax base implications. This project could have profound community impacts upon Oak Park Heights, including significant negative tax base impact if the westerly development is a direct competitor to City taxpayers which appears to be an indirect result of Washington County. 3. Accordingly if it has not yet done so, the City would request that prior to any further project exploration that the County perform a demonstrable and identifiable market impact/ land-use study of this Project including out-reach to current retailers in the City including all of its grocery vendors including but not limited to Kowalski's, Aldi, Walmart and I would believe Cub Foods, Lens and Brines. Any, such study should be undertaken by a reputable independent third-party that would investigate these and related issues. 35 of 91 Or, in other words, is the need of the roadway so critical and necessary to the County that the County is willing to foster actions by others that will directly and meritoriously have negative impacts to City retailers? Recall, economic development only achieved when tax base and living-wage employment is clear and advanced otherwise it is a continued drain on precious resources for which all our residents and businesses are taxed for; Such study should seek to demonstrate, or at least engage how this Project would advance or impact those two realities and not at the expense of others. 4. The City has faithfully participated in a number of LAT (Local Advisory Team) processes including most recently the Paris Ave and Osgood Ave including the funding of trail-ways and sidewalks. We can foresee participation in a LAT for this Project, but after we receive the data we outline above and/or a commitment to include these in such study.The County's request for a City presence is appreciated and it can be there for general feedback and dialogue to continue the planning of the project. However, it should not be construed that the City is wholly supportive of the Project and certainly not until the above requests and related data is provided and duly considered. 5. The City is not in a position to commit material dollars to any County Cost Sharing policy as part of this possible project.The City has outlined this on numerous occasions and finds it again necessary to be restated here. As you know the City does not typically seek nor actively expect dollars from Washington County for its projects. County policies remain a disparate double-taxation of municipal entities and suggests the County is wholly distinct from the local units of government;when in fact City residents are already County taxpayers, but County residents are not City taxpayers. Ultimately, if this Project is so necessary for the County then it needs to be responsible for all of those related costs and be prepared to assume the maintenance of such infrastructure in perpetuity. This is not a new refrain from a municipality of course... We are happy to respond to further questions related to these comments and inquiries. The City Engineer and I met with you and Frank Ticknor a few weeks ago and are very happy to do this again to talk through these issues further if you would like. Kind Regards, 441— Eric Johnson City Administrator Cc: Lee Mann, City Engineer Kevin Corbid, County Administrator Chris Eng, WCCDA 36 of 91 Zoom Has A Dark Side And An FBI Warning : NPR Page 1 of 24 LISTEN LIVE PLAYLIST DONATE The Coronavirus Crisis SUBSCRIBE TO CORONAVIRUS DAILY A Must For Millions, Zoom Has A Dark Side — And An FBI Warning April 3, 2020 • 11:23 AM ET Heard on Morning Edition SHANNON BOND 3-Minute Listen PLAYLIST Download I 37 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 Zoom Has A Dark Side And An FBI Warning : NPR Page 2 of 24 Zoom is wildly popular, but it's now under scrutiny for security and privacy issues. Olivier Douliery/AFP via Getty Images Updated at 11:22 a.m. ET Dennis Johnson fell victim last week to a new form of harassment known as "Zoombombing," in which intruders hijack video calls and post hate speech and offensive images such as pornography. It's a phenomenon so alarming that the FBI has issued a warning about using Zoom. Like many people these days, Johnson is doing a lot of things over the Internet that he would normally do in person. Last week, he defended his doctoral dissertation in a Zoom videoconference. He had a big audience — he estimated it was about 40 people, including "my closest friends, family and my classmates and my dissertation committee" at California State University, Long Beach, he said. CORONAVIRUS LIVE UPDATES Video Meeting Platform Zoom Addresses Criticisms As It Sees Explosive Growth In Users Johnson is the first member of his family to graduate from college, let alone get a doctorate. He wanted to share the moment with them. He said he was in the middle of presenting when someone started drawing male genitalia on the screen. At first, Johnson said, he was not sure what was happening. "I'm like, 'Whoa!' And then I freeze, and everyone who's watching the screen freezes," he said. 38 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 Zoom Has A Dark Side And An FBI Warning : NPR Page 3 of 24 It got worse. The attacker scrawled a racial slur that everyone on the Zoom call could see. Article continues below Sign Up For The New Normal Newsletter Daily news on the coronavirus crisis and help getting through whatever comes next. We're in this together. What's your email? SUBSCRIBE By subscribing,you agree to NPR's terms of use and privacy policy. NPR may share your name and email address with your NPR station. See Details. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. THE CORONAVIRUS CRISIS Internet Traffic Surges As Companies And Schools Send People Home 4 Johnson was horrified. The organizers blocked everyone's screen until they could remove the intruder from the meeting. But, Johnson said, they were not able to identify that person. Although he was shaken, Johnson managed to finish his presentation. But what should have been a triumphant celebration was ruined. "The moment they [told] me, 'Congratulations, Dr. Dennis Johnson,' and it's all over and I leave the Zoom meeting, everything sets in," he said. "I couldn't even, like, communicate. I had to just walk out [of] my house. ... I didn't want to talk or see anybody." 39 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 Zoom Has A Dark Side And An FBI Warning : NPR Page 4 of 24 Zoombombers have disrupted an Alcoholics Anonymous meeting in New York, Sunday school in Texas, online classes at the University of Southern California and a city meeting in Kalamazoo, Mich. F< a CORONAVIRUS LIVE UPDATES Facebook Steps Up Efforts To Combat The Spread Of Coronavirus Misinformation With schools closed and millions of people working from home, Zoom has become wildly popular. The company said 200 million people used the app on a daily basis in March, up from just io million in December. But that newfound popularity is bringing new scrutiny. The FBI is warning schools, in particular, to be careful. "The FBI has received multiple reports of conferences being disrupted by pornographic and/or hate images and threatening language," the bureau's Boston office said this week. #FBI warns of Teleconferencing and Online Classroom Hijacking during #COVID19 pandemic. Find out how to report and protect against teleconference hijacking threats here: https://t.co/jmMxyZZgMv pic.twitter.comN3h9bVZG30 — FBI Boston (@FBIBoston) March 30, 2020 As concerns have arisen, Zoom has worked to address them. It published a guide last month to how users can protect meetings. It also changed settings for accounts used in schools and universities to make their meetings more private by default. New York Attorney General Letitia James has sent a letter to Zoom asking about its security and privacy protections. "Things you just would like to have in a chat and video application — strong encryption, strong privacy controls, strong security—just seem to be completely 40 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 Zoom Has A Dark Side And An FBI Warning : NPR Page 5 of 24 missing," said Patrick Wardle, a security researcher who previously worked at the National Security Agency. TECHNOLOGY An Etiquette Primer For Zoom And Other Videoconferencing Services LISTEN • 2:55 PLAYLIST Download Transcript He and other researchers have turned up flaws in Zoom's software that could let hackers spy through a computer's webcam or microphone. Zoom says it released fixes for these issues on Wednesday. The website Motherboard found that Zoom was sharing data with Facebook, even data on people who are not Facebook users. Zoom says that was a mistake and that it stopped sharing that data in March, but it's now facing a class action lawsuit. Wardle says Zoom may be easy to use, but he is wary of its track record. — THE CORONAVIRUS CRISIS '.6`,.. 9 Out Of 10 Children Are Out Of School Worldwide. What Now? "This product was designed to prioritize things other than privacy and security," he said. Zoom CEO Eric Yuan said in a blog post Wednesday that the company is freezing work on new features to focus on fixing its privacy and security problems. 41 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 Zoom Has A Dark Side And An FBI Warning : NPR Page 6 of 24 "We recognize that we have fallen short of the community's — and our own — privacy and security expectations," he wrote. "For that, I am deeply sorry, and I want to share what we are doing about it." Editor's note:Zoom is among NPR's sponsors. video conference zoom cybersecurity internet security internet privacy More Stories From NPR SCIENCE Scientists Probe How Coronavirus Might Travel Through The Air 42 of 91 https://www.npr.org/2020/04/03/826129520/a-must-for-millions-zoom-has-a-dark-side-and-... 4/3/2020 WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR FAMILIES FIRST CORON" �` EMPLOYEE PAID LEAVE RIGHT It 00 o, The Families First Coronavirus Response Act(FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor's(Department)Wage and Hour Division (WHD)administers and enforces the new law's paid leave requirements. These provisions will apply from the effective date through December 31, 2020. Generally, the Act provides that employees of covered employers are eligible for: • Two weeks(up to 80 hours)of paid sick leave at the employee's regular rate ofpaywhere the employee is unable to work because the employee is quarantined(pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or • Two weeks(up to 80 hours) of paid sick leave at two-thirds the employee's regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age)whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee's regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. Covered Employers:The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees.[1] Most employees of the federal government are covered by Title I I of the Family and Medical Leave Act,which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title 11 of the Family and Medical Leave Act are covered by the paid sick leave provision. Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern. Eligible Employees:All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19. [2] Notice:Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable.After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving paid sick time. ► Qualifying Reasons for Leave Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work(or unable to telework)due to a need for leave because the employee: 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. has been advised by a health care provider to self-quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; 4. is caring for an individual subject to an order described in (1)or self-quarantine as described in (2); 5. is caring for a child whose school or place of care is closed (or child care provider is unavailable)for reasons related to COVID-19; or 6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury. Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable)for reasons related to COVID-19. [1]Certain provisions may not apply to certain employers with fewer than 50 employees.See Department FFCRA regulations(expected April 2020). [2]Under the of,special rules apply for Health Care Providers and Emergency Responders. UNITED STATES DEPARTMENT OF LABOR I WAGE AND HOUR DIVISION CURRENT AS OF 3/2020 1 ,- DURATION OF LEAVE For reasons(1)-(4) and (6):A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period. For reason(5):A full-time employee is eligible for up to 12 weeks of leave(two weeks of paid sick leave followed by up to 10 weeks of paid expanded family&medical leave)at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. ,- CALCULATION OF PAY [3] For leave reasons(1), (2), or(3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage,whichever is higher, up to$511 per day and $5,110 in the aggregate(over a 2-week period). For leave reasons(4) or(6): employees taking leave are entitled to pay at%their regular rate or%the applicable minimum wage, whichever is higher, up to$200 per day and$2,000 in the aggregate(over a 2-week period). For leave reason (5): employees taking leave are entitled to pay at%their regular rate or%the applicable minimum wage, whichever is higher, up to$200 per day and $12,000 in the aggregate(over a 12-week period). [4] ,- RESOURCES For additional information or to file a complaint: 1-866-487-9243 1 TTY: 1-877-889-5627 dol.aov/aaencies/whd [3]Paid sick time provided under this Act does not carryover from one year to the next.Employees are not entitled to reimbursement for unused leave upon termination, resignation,retirement,or other separation from employment. [4]An employee may elect to substitute any accrued vacation leave,personal leave,or medical or sick leave for the first two weeks of partial paid leave under this section. 44 of 9f UNITED STATES DEPARTMENT OF LABOR I WAGE AND HOUR DIVISION CURRENT AS OF 3/2020 2 N w -W w F u K K dJ l7 Z Q F 1 � 1 o o 1 o • o 1 o ' o 2 o 0 0 o Q o LL m 0 Q O O a 0 O Z mo o W o LL O O 0 v O 1 O 0 O 0 0 0 O 0 I o m ' m O O O O O O O O O N 0 N O �0 O o o m m o °u\j o ol N o 0 0 0 �°y� O E > C o C O N M O N M 0 O� �Il a o cri .� a � o ^ ti ni ti ni � o .. . N of o w d Z N N N ci O� ci ci M �Il N t0 ci ci J a c H t0 7 N O N t0 M t0 t0 0 7 0 � W t0 � W M 7 M J� U4 a Z 0 Z 0 F O M O co co M O O coo, o W � P V W N V� s W W N N O M I� t0 O O 0, 0, 10 0 7 a, M � O rn 1'OSI t0 co .--I .--I .--I .--I N N M N N N N M 7 In In In t0 t0 � l0 2 W � M311.� 0 d M C N M M M OM OM M M OM M M N M 7 M OM OM M 0 J co �Il t0 I� m O ci N M �Il t0 I� J rn rn o 0 0 0 0 0 0 0 0 0 .� .� 0 .� .� .� 0 0 .� Q rn rn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci ci N N N N N N N N N N N N N N N N N N N CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., P.O. Box 2007 11 Oak Park Heights, MN 55082 April 1, 2020 To: Mayor and Council From: Brian DeRosier, Chief of Police Subject: Police Activity Report—March 2020 This overview report is the activity of the Oak Park Heights Police Department during the month of March 2020. Officers responded to and generated 1,947 calls for service in the City of Oak Park Heights during the month. Due to the current events of the CV-19 pandemic I will highlight what is being done within the Police Department: February 2020 excerpt: I have been briefing PD employees on possible implications and preparations done by the department and also for them to make their own personal family preparations regarding COVID-19. Some restrictions employees have been notified of are possible limitations on return to work from vacations, restriction of vacations and other leave, possible extended shift hours and work days. The department is well prepared with a policy I developed several years ago on limited manpower situations and limited responses. The city admin also adopted a version of this policy. We have in the past used this policy on a limited scale for a senior complex that was impacted by an outbreak of flu and possible norovirus and during H1N1 pandemic. /worked with IT staff several years ago to prepare the ability to work from home for nonessential employees in filing and preparing reports etc. As first responders and OSHA compliant in our training all officers receive yearly training on personal protective equipment use. We have daily decon practices due to multiple users on equipment and computers etc., as well as precautions and response in the public. We have protective equipment on hand and a larger backup supply has been ordered in the event of a high demand use period. As outlined in a recent LMC preparation guidelines the department currently meets suggested practices and we continue to review those and more. In the event of our resources to respond would become overwhelmed this would require an Emergency Declaration by Council and subsequent request for assistance under that declaration. With the declaration of a pandemic I did implement restrictions in compliance with our policy: 1. All Vacations were cancelled with the exception of short 1 or 2 day requests, if we were still able to accommodate with current staffing at that time. Unfortunately, one officer was significantly impacted due to this having to cancel a "late" honeymoon that had been planned for the month 46 of 91 CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., P.O. Box 2007 11 Oak Park Heights, MN 55082 of April. Several other officers voluntarily withdrew vacation requests. City administration then followed suite. 2. All Officers were put on notice to be available for contact to respond in the event of department need outside their normally scheduled days. 3. Officers are limited to break here at city hall. No breaks in gas stations or other public areas to prevent unneeded public contact. 4. Breaks with other neighboring departments are not allowed. This is a precautionary restriction to attempt to keep our department from being impacted by an outbreak in another department and vise versa. 5. When possible, officers are taking reports over the phone. 6. We have suspended written waivers required to be signed such as lock out releases. We are reading the waiver and recording the reading and response by comp. on body cameras. 7. Daily requirements for all to decon themselves, equipment, and work spaces, and squad cars. Sandy Kruse has stepped up tremendously and has been doing general decon and garbage and many of the things that are not being done without a cleaning crew. 8. Weekly requirement that each squad is completely decontaminated with all equipment being removed and cleaned. 9. We are standing by at medicals that are not dispatched as "immediate life threatening". This is in conjunction with protocol from Lakeview EMS. Officers are standing by outside the location to assist if needed by Lakeview EMS request. We are providing immediate care to life threatening incidents such as a recent full arrest we responded to. 10. We are accepting records requests ONLY by mail or email. They are being returned by mail. 11. We are accepting gun permit requests ONLY by mail or drop box out front of city hall. 12. We have limited traffic enforcement to significant violations and put in place procedures for identification and exchange of driver's licenses or other paper work to limit contact and then complete decon after. 13. We are unable to have records staff work from home due to the numerous security and access issues in place by the FBI and the BCA for record security and computer access. This is a change in protocol from previously when remote access was established by me with our IT consultant. 14. We have very limited access to bring arrested suspects to jail at this point. Established protocol is being followed. We are doing distancing within the office as we have our own office or work areas. Our PPE and decon supplies have been backordered along with everyone else's. I implemented a daily retail check to try and locate decon supplies when they are available. We have been able to secure a reasonable supply to this point. As part of the daily check we also send out a group text to our staff of available toilet paper or decon supplies for their families that may be available at a particular retail location! Many of the officer are working to maintain child care with the schools closed and 47 of 91 CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., P.O. Box 2007 11 Oak Park Heights, MN 55082 most of the day cares have closed. The information I have been told is the "daycares for first responders" are not taking non school aged children and not at night.... I have been sending out relevant information and updates for officers related to our procedures if they change. We are up to 9 updates in last 2 weeks. I and admin staff of both Sgts are meeting nearly everyday to discuss department and officer status. The area Chiefs have been having biweekly meetings with EMS, Public Health and WC Emergency Mgmt. A problem we see is one I saw during the H1N1 pandemic with receiving and processing to much information. A good part of my day has become reading information, often times the same information disseminated by a different source. The misinformation is also an issue. The overall information overload can be taxing on officers and citizens. I have gained information that one of our senior complexes had a staff member test positive for CV- 19. 1 have notified our Officers, BP Fire Chief, and Lakeview EMS for extra precaution response. We have seen support from the community as we always do in the police department. Several retail businesses have dropped by commercial treats, had lunch delivered to us, provided us with hand sanitizer, and a retired wood worker gave us several boxes of H95 masks. I have sent each thank you notes as always. Officers have received specific training via online video from the Emergency Director at Regions Hosp. The training provided officers practical information to handle contact with suspects. This was invaluable information for our officers to use in dispelling many of the myths and concerns for officers when we are in the field dealing with the public. We had 3 officers with flu like symptoms out at the same time. Fortunately, we were able to get them tested and it was not CV-19 and we were able to get them back to work in about 5 days. Officers attended training courses during the month: All in person training through the end of April has been cancelled at this point. We are only doing online training. 1. All Officers received training on Vehicle Impound and Searching/ Inventory 2. All Officer have been working on the other 22 online courses for OSHA& POST mandated training. 48 of 91 CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT 14168 Oak Park Blvd. N., P.O. Box 2007 11 Oak Park Heights, MN 55082 Call for Service Highlights: With all the issues of the pandemic implementation we continue to work and deal with police work. The department responded to many incidents during the month. This is a summary/sampling of some of the cases we responded to and investigated: 1. Arrested heavily intoxicated person for DWI after they were at gas station and clearly intoxicated. 2. Dealt with road rage incident. Male followed victim to fast food restaurant and then assaulted him. 3. Dealt with a highly intoxicated female locked in bathroom of retail store refusing to come out. 4. Responded to a fire in a wooded area. Officer put the fire out. 5. Responded to a bunch of turkeys on the highway that fell from a semi. 6. Officers had to force entry into a house after neighbor called hearing resident moaning. Medical situation. 7. Dealt with a racoon who wanted to join the party. It was very friendly and seeking a treat I would imagine from a group out by their fire pit in the evening. Racoon was relocated. 8. We have had numerous calls over a female with MH issues in an apartment complex. She has been unruly. Information has been forwarded to WC Social service for assistance. 9. We are receiving numerous calls of a male who is homeless in this area. He refuses assistance. 10. Responded to an intoxicated male who tried to kick in his neighbor's front door. Male punch the officer in the chest. Suspect was arrested and taken to jail. 11. We completed a forensics dump on a cell phone after the person admitted in therapy to receiving child pornography. 12. We have received and are seeing more domestic situation calls as the close conditions for all are taking a toll. Fights over cell phones,TV remotes, and general arguments. Fortunately to this point they have all been minor and no one had to be arrested.... Chief DeRosier 49 of 91 ti[illw°ter ORGANIZATIONMIDDLE ST. CROIX WATERSHED MANAGEMENT p5 r'J P.rk rv. h 455 HAYWARD AVENUE , 0 A K D A L E MIN N ESTOA 55082 _1� P h o n e 6 5 1 . 3 3 0 . 8 2 2 0 x 2 2 f a x 6 5 1 . 3 3 0 7 7 4 7 www . m s c w m o . o r g "P Regular Meeting of the Middle St. Croix Watershed Management Organization MSCWMp HELD REMOTELY DUE TO COVID-19 PANDEMIC Attend ONLINE VIA ZOOM by clicking this link: https://zoom.us/i/468294624 OR Attend by CONFERENCE CALL by dialing+1312 626 6799—Meeting ID 468 294 624 Thursday,April 91h, 2020wr"""` 6:OOPM 1. Call to Order—6:OOPM a. Approval of Agenda 2. Approval of Minutes a. Draft minutes—March 12th, 2019 pg. 1-6 4. Treasurer's Report a. Report of savings account, assets for April 9th, 2020 b. Approve payment of bills for April 9th, 2020 5. Public Comment 6. Old Business 7. New Business a. 3M PFAS Reimbursement Request pg. 7-10 b. Draft MSCWMO Stormwater Treatment Credit Policy pg. 11-12 c. City of Stillwater Cooperative Agreement for Lily Lake Delisting pg. 13-18 d. 2019 Annual Watershed Report pg. 19-36 8. Grant and Cost Share Applications a. Perry Native Planting Cost Share Request pg. 37-38 9. Plan Reviews/Submittals a. Plan Review and Submittal Summary pg.39-40 i. Oak Park Heights MCES Interceptor-ACTION ii. Scanlan Garage and Driveway-ACTION iii. CSAH 5 Phase 2-INFORM iv. 3 d and Myrtle Development-INFORM v. Lakeland 2019 Street Improvements-INFORM b. Erosion and Sediment Control Inspection Reports pg. 41-46 10. Staff Report pg. 47-49 11. 1W1P Updates 12. Other 13. Adjourn Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, ft West Lakeland 50 of 91 Connection o Sunrise Prairie Regional Trail 61 NETWORK ROUTES DRAFT 3/18/2020 m Wa� }r7 gtori m ve .0 61 •: .••.••••t 97 � • • S<andia •••.•� — Forest Lake "•.� ANOKA I 1..a t Marne 0 on St. Croix 2 4 Q \u90 YTw p. Q 1 I Q Q 95 ;Q J � f♦ Gateway State Trail red Q ` i ® j ® Browns Creek State Trail •�• 96 .*,,, Future Bicycle Connection QMah[o di S[Iliwateat Lift Bridge � olrch odlage Village Whi gear ® St.Croix Trail Connection 130 Pn ..... •• • ♦z Oak Park Nei R MSEY ® ® port p. Lake EI� La land Lakela d Shor Future Gold Line BRT m m Lake nd Trail Connection : ® Lak St. ® .... 95 Croix each St. Mary, Porn Afton Key m m. m Existing Off-Road Network rm ® ....... Future Off-Road Network ® Existing On-Road Network Potential future m Future On-Road Network ®, local connection ® Existing Local or State Connectors Par.. from CR 74 to CR 22 •. Future Local or State Connectors 61 � Denmark Twp. ....... •••• Cottage Grc��� m :5 Future Network Options 10 Regional Trail m Search Corridor m Washington Co.Roads or Highways ® «« State Highways - ' 10 © ««« Interstate Highways 51 of Iles To Vermillion River Greenway/ 6 0 1 2 4 Mississippi River Regional Trail From: Mary Mccomber To: Eric Johnson Subject: Fwd: "Stay at Home"Executive Order Date: Saturday, March 28,2020 8:56:05 AM For weekly notes -----Original Message----- From: Rep. Shelly Christensen <rep.shelly.christensen@public.govdelivery.com> To: marymccomber<marymccomber@aol.com> Sent: Fri, Mar 27, 2020 5:48 pm Subject: "Stay at Home" Executive Order Having trouble viewing this email?View it as a Web nage. Rep. Christensen J0 52 of 91 Dear Neighbors, Yesterday, my colleagues and I in the Minnesota Legislature passed our latest package of legislation to address the COVID-19 pandemic. Our new investments and polices would: • Create a Minnesota COVID-19 Emergency Fund to keep our state operating • Help businesses across the state secure emergency loans • Award grants to licensed family and center-based child care providers who care for the children of health care and other emergency workers • Ensure continued funding for food systems • Provide needed help to local governments, tribal governments, and nonprofit partners • Protect people experiencing homelessness from exposure to the coronavirus and to mitigate additional spread of the disease. These continue to be challenging times for Minnesota as we respond to COVID-19, but the legislation we passed yesterday is another step in providing the resources our community and state need to weather this storm. As we provide the necessary resources to our public health professionals and respective state agencies, we need to also make sure that the physical and financial health of Minnesotans is addressed as we all work together to do our part to ensure our state stays strong during and after this pandemic "Stay at Home" This evening, the "Stay at Home" Executive Order begins, and it is scheduled to last until Friday, April 10. For many, these next two weeks will be difficult, but I want to emphasize that precious time will be bought by slowing the spread of COVID-19 and allowing our health care professionals the ability to prepare for and treat Minnesotans with the virus. 53 of 91 Stay At Home Can/Should Not I highly recommend watching Governor Walz's address, where he outlined the science behind the "Stay at Home" order, and showed how devastating the alternative could be if Minnesota does nothing. You can watch that address Stay Connected As always, feel free to contact me with any questions or comments you have! You can reach me at rep.shelly.christensen@house.mn or (651) 296-4244. It's an honor to represent our community at the Capitol! Sincerely, Representative Shelly Christensen 54 of 91 Share this email with friends: To unsubscribe, click here. This email was sent to marymccomber@aol.com using GovDelivery Communications Cloud on behalf of: Minnesota House DFL - 100 Rev.Dr.Martin Luther King Jr.Blvd. -Saint Paul,MN 55155 FN II of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd:Assistance Available for Small Businesses Date: Thursday,April 2,2020 4:31:15 PM For weekly notes -----Original Message----- From: Rep. Shelly Christensen <rep.shelly.christensen@public.govdelivery.com> To: marymccomber<marymccomber@aol.com> Sent: Thu, Apr 2, 2020 4:17 pm Subject: Assistance Available for Small Businesses Having trouble viewing this email?View it as a Web nage. Rep. Christensen J0 56 of 91 Dear Neighbors, With this being the first official week of distance learning, I know many in our community now have entire households working and learning from the offices and classrooms we've created in our own homes. This is obviously not ideal, but the time we're buying for our health care professionals to address COVID-19 will save lives. In the meantime, I what to extend a heartfelt thank-you to our educators and staff that have been working incredibly hard to make these weeks of distance learning possible. Thank You Educators RON Small Business Disaster Loans The measures being taken to slow the spread of COVID-19 are tough but necessary, but we still need to make sure the impact on our small businesses isn't irreparable. Both state and federal resources are quickly becoming available to our small businesses, one of them being the U.S. Small Business Administration's Economic 57 of 91 Injury Disaster Loan Program. The program provides small businesses with loans of up to $2 million to help them overcome the temporary loss of revenue they are experiencing due to COVID-19. These loans can include a $10,000 advance, which will be paid within three days of a successful application. The advance does not have to be repaid. You can find detailed Paycheck Protection Program Another resource available is the federal Paycheck Protection Program. Currently, 250,000 are facing unemployment and an uncertain financial future. The Paycheck Protection Program provides forgivable loans to small businesses to pay their employees during the COVID-19 crisis and applies to, among others, sole-proprietors, independent contractors, gig workers, and self-employed individuals. The loan proceeds can be used to cover payroll costs, mortgage interest, rent and utility costs. You can find more information on the Paycheck Protection Program here. Unemployment Insurance If you have lost yourjob or are experiencing reduced hours due to COVID-19, you are possibly eligible for unemployment insurance (UI), which you can apply for here. Minnesota's UI website now includes step-by-step instructions for self-employed who want to complete the application process. The UI program is still waiting for guidance from the U.S. Department of Labor about how to implement the new Pandemic Unemployment Assistance (PUA) benefit for self-employed and contract workers. However, they can now submit an application before this guidance is available. After that, the UI Program still will notify them if they need additional information. It is very likely that their account will show "pending" or even a denial determination while the work to implement this program continues. Stay Connected Now is the time to check in with neighbors, family and friends, especially if they may be elderly, isolated or ill. Since we cannot gather or see each other in person, reaching out can help ensure everyone is safe and will let them know you're concerned about them at this difficult time. If you have any questions about our work in the legislature or the resources available to our community, feel free to reach out to me at rep.shelly.christensen@house.mn, or leave a voicemail at (651) 296-4244. I look forward to hearing from you. 58 of 91 Sincerely, Representative Shelly Christensen Share this email with friends: To unsubscribe, click here. This email was sent to marymccomber@aol.com using GovDelivery Communications Cloud on behalf of: Minnesota House DFL - 100 Rev.Dr.Martin Luther King Jr.Blvd. -Saint Paul,MN 55155 ❑® 59 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd:COVID-19: Pandemic Response Update Series Date: Thursday,April 2,2020 8:44:26 AM For weekly notes -----Original Message----- From: National League of Cities (NLC) <covid19@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Thu, Apr 2, 2020 8:35 am Subject: COVID-19: Pandemic Response Update Series If this message is not displaying properly,please view the online version. National League of Cities LEADERSHIP UPDATE Colleagues, It's clear that local leaders are stepping up to slow the spread of COVID-19. As evidenced by the recent National League of Cities (NLC) member survey, many of us are making difficult decisions to close public facilities and non-essential businesses, while working hard to support our most vulnerable community members and coordinate with county and state agencies. With increases in spending and falling local revenues, we know that additional financial support will be needed from the federal government. As Congress drafts the fourth stimulus package, NLC and the U.S. Conference of Mayors will release results from a short survey to learn how municipal budgets are being impacted by COVID-19, and the possible actions you would be required to take without federal assistance. Stay tuned for more on this. Our advocacy is making a difference— let's keep up the fight! Sending you strength, Joe Buscaino ® President, National League of Cities President Pro Tempore, Los Angeles City Council 60 of 91 RESOURCES UPCOMING EVENTS WEBINAR I COVID-19: How to Support People Experiencing Unsheltered Homelessness Monday, April 6, 2:00 PM ET Shelter in place orders have brought to light a glaring problem with the US housing system: that many people do not have a place to shelter. People experiencing unsheltered homelessness may be at a greater risk for infection during community spread of COVID-19. It is imperative for local leaders to provide for their unsheltered population —to help flatten the curve and stymie the growth of a population that has been systematically underserved. Register now. WEBINAR I During the Coronavirus Outbreak: Investing in Neighborhoods Where Young Children and Families Thrive I Wednesday, April 15, 2:00 PM ET Join NLC and our city and community partners for a conversation on how cities are supporting the infrastructure in neighborhoods during times of business and school closures and increasing social isolation. Learn how city agencies and community partners are promoting public health, bolstering small businesses, and creating innovative new ways to foster community connection—all through the lens of young children and families. Register now. The Best Friends Network comprises public and private shelters, rescue groups, spay/neuter organizations and other animal welfare groups across all 50 states. View their proposed language to allow continued care for companion animals during Shelter in place or Safer at Home orders. Project N95 is non-profit group of volunteers focused on getting personal protective equipment (PPE) and medical equipment into the hands of healthcare providers. If your city needs technical help collecting PPE supply requests and distributing to healthcare institutions, Project N95 wants to help. ProjectN95 can connect your city government with suppliers for further diligence, negotiation, and fulfillment. BEST PRACTICES National Census Day at National League of Cities! Yesterday was Census Day. We never anticipated that our ® communities would be celebrating in such isolated and challenging conditions. NLC is here to provide resources and Get-Out-The-Count strategies to help address challenges municipalities are facing with getting a full and accurate Census under COVID-19. Read more. 61 of 91 Homelessness Support During the Spread of COVID-19 Recommendations across the country to exercise social distancing and to shelter in place are nearly impossible for those in close living conditions, such as shelters or encampments. Over the last month, the National League of Cities has observed cities addressing homelessness in four distinct ways. Learn more. The Education Impact of COVID-19 Local officials are trusted leaders that residents will look to for guidance. Regardless of formal authority over school systems in their jurisdiction, elected and appointed officials have tremendous influence and relationships to deploy during this public health crisis. Learn more. IN THE NEWS How the pandemic will reshape cities Axios-Apri 11, 2020 Tennessee Counties Must Wait 91 Days for Coronavirus Aid Governing- March 31, 2020 NACTO resource hub tracks COVID-19's impact on transportation Smart Cities Dive - March 31, 2020 When will your city feel the fiscal impact of COVID-19? Brookings- March 31, 2020 National League of Cities .8 A A A You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com. To stop receiving these emails, click here. 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy ©2020 NLC, All Rights Reserved 62 of 91 Powered by Higher Low 63 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd: What You Need to Know: President Trump Signs Cares Act Delivering Economic Relief; Invokes Defense Production Act(March 27) Date: Saturday,March 28,2020 8:59:34 AM Attachments: imaae001.ona For weekly notes -----Original Message----- From: Crozer, William F. EOP/WHO <William.F.Crozer@who.eop.gov> Sent: Fri, Mar 27, 2020 7:06 pm Subject: What You Need to Know: President Trump Signs Cares Act Delivering Economic Relief; Invokes Defense Production Act (March 27) i ilk, WHITE HQV5E State and Local Elected Officials— Today, President Trump took two significant actions to continue the Administration's whole- of-government, all-of-America approach to combatting COVID-19 (coronavirus). First, the President signed a$2.2 trillion stimulus package to provide relief to American families, healthcare workers, small businesses, and State/Tribal/Local governments. Second, President Trump signed a Presidential Memorandum directing General Motors to produce ventilators to combat the spread of the coronavirus. Below,please find additional information and helpful resources. President Donald J. Trump Signs the Coronavirus Aid. Relief. and Economic Security Act(CARES) Following extensive negotiations between the Trump Administration and Congressional Leaders, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES). The $2.2 trillion economic relief package provides American families, healthcare workers, and small businesses with the economic support they need to get through this challenging time. The package includes $1,200 payments to qualifying Americans, $100 billion in direct support for hospitals, and over $370 billion to small business owners to keep their employees on the payroll. It also includes direct relief for State, Tribal, and local governments through the $150 billion Coronavirus Relief Fund. Each State will receive at least$1.25 billion. $8 billion is set aside for tribal governments. This aid comes on top of the Family First Coronavirus Aid Package, enacted last week, which increased the federal share of Medicaid payments through the emergency period by 6.2 percentage points and provided reimbursements to States for the cost of expanding certain public assistance programs. State/Local/Tribal provisions include: • $150 billion in direct aid to State, Tribal, and local governments. Aid will be allocated primarily by a State's population with each State receiving at least$1.25 billion. • $340 billion in emergency funding to combat the coronavirus outbreak, with $274 64 of 91 billion going to state and local governments for specific purposes. This is in addition to the $150 billion distributed to states to cover their own separate efforts and forms a major part of the federal government's plan to assist state efforts. • $5 billion for the Community Development Block Grant program, including $2 billion to existing CDBG grantees that received funding in FY 2020. The bill also provides $1 billion for states and insular areas to respond to COVID-19, including activities within entitlement and non-entitlement communities and requires that those allocations. Any remaining funds will be distributed directly to states on a rolling basis. • A $500 billion for loans and guarantees through an Economic Stabilization Fund that authorizes the U.S. Treasury to support eligible businesses and States and local governments to cover losses incurred as a result of COVID-19. • $100 billion for hospitals and healthcare facilities to reimburse expenses or lost revenues not otherwise reimbursed that are directly attributable to COVID-19. • $3.5 billion to allow States to expand childcare benefits for healthcare workers, first responders, and others on the frontlines of this crisis. • Additional federal funding for joint federal-state programs like Medicaid and unemployment compensation, along with other expenditures which will reduce some of the need for states to undertake new COVID-19 spending on their own. • Read more here: President Donald J. Trump Is Providing Economic Relief to American Workers, Families, and Businesses Impacted by the Coronavirus President Trump Invokes Defense Production Act (DPA) Requiring General Motors to Produce Ventilators Statement from the President: President Trump signed a Presidential Memorandum directing the Secretary of Health and Human Services to use any and all authority available under the Defense Production Act to require General Motors to accept,perform, and prioritize Federal contracts for ventilators. Our negotiations with GM regarding its ability to supply ventilators have been productive, but our fight against the virus is too urgent to allow the give-and-take of the contracting process to continue to run its normal course. GM was wasting time. Today's action will help ensure the quick production of ventilators that will save American lives. Apple Announces COVID-19 Screening Tool in Partnership with the White House and Administration As a direct result of President Donald J. Trump's all-of-America campaign to combat COVID- 19, Apple Inc. has partnered with the White House,the Department of Health and Human Services (HHS), and the Centers for Disease Control and Prevention (CDC)to develop an interactive COVID-19 Screening Tool, now available on Apple.com/COVID19 and as an app named COVID-19 in the App Store (learn more here). Users can also find links to these tools at Coronavirus.gov. This new tool guides users through a set of questions covering symptoms, risk factors, and potential exposure. The tool then generates recommendations provided by the CDC for users based on the inputs they provided. Those CDC recommendations will be updated regularly. In addition, the CDC will be open-sourcing the underlying recommendations and algorithms, allowing other private-sector entities to build additional innovative tools. The recommendations and algorithms will be published at open.cdc.gov. The White House commends companies like Apple Inc. for answering President Trump's call for a public-private alliance against this invisible enemy. The White House Office of Intergovernmental Affairs (WH IGA) will continue to share 65 of 91 pertinent information as it becomes available. Please do not hesitate to reach out to our office directly if we can be of assistance. As a reminder, WH IGA is the primary liaison between the White House and the country's State and local elected officials and Tribal Governments. The White House Office of Intergovernmental Affairs William F. Crozer Special Assistant to the President/Deputy Director White House Office of Intergovernmental Affairs * I0 COVID-19 Download the COVID-I9 App COVID-19: Important Resources for State and Local Officials "4q4 NO NATION OR MORE EQUIPPED TO FACE DOWN THIS CRISIS. PRESIDENT DONALD J, TRUMP • Coronavirus Guidelines for America: The White House Coronavirus Task Force issued guidelines–15 Days to Slow the Spread (Espanol)–to help protect all Americans during the global Coronavirus outbreak. Even if you are young and otherwise healthy, you are at risk—and your activities can increase the risk of contracting the Coronavirus for others. Everyone can do their part. The recommendations are simple to follow but will have a resounding impact on public health. Find the guidelines here: • Up-To-Date Information: The most up-to-date, verified information and guidance can be found via the Centers for Disease Control and Prevention Coronavirus Disease 2019 website–www.coronavirus.gov. The Coronavirus Task Force holds frequent briefings, which can be viewed live here. • COVID-19 Response and Recovery Primer: Response and recovery efforts are 66 of 91 locally executed, state managed, and federally supported. It is important that requests for assistance, including for critical supplies, get routed through the proper channels as soon as possible. Learn more about the response and recovery process via this important resource—Coronavirus (COVID-19) Pandemic: Response and Recovery Through Federal-State-Local-Tribal Partnership. FEMA's public assistance guidance for COVID-19 response efforts can be found here. • Coronavirus Fact vs. Myth: Rumors can easily circulate within communities during a crisis. FEMA setup a website to help the public distinguish between rumors and facts regarding the response to the coronavirus pandemic. • Fraud& Scam Protection: The Department of Justice is remaining vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis. Find out how you can protect yourself and helpful resources on DOJ's Coronavirus Fraud Prevention website. The Federal Trade Commission has also established a website with helpful information to help consumers avoid coronavirus-related scams. • Social Media Resources: Download the Apple COVID-19 Screening Tool. Follow the White House on Twitter and Facebook. Also follow HHS (T i r Facebook) and CDC (T i r Facebook) You can also find informational videos from Coronavirus Task Force members on mitigation, social distancing, etc. on the White House's YouTube page. • Administration Actions and Federal Agency Resources: USA.gov is cataloging all U.S. government activities related to coronavirus. From actions on health and safety to travel, immigration, and transportation to education, find pertinent actions here. Each Federal Agency has also established a dedicated coronavirus website,where you can find important information and guidance. They include: Health and Human Services (UHS), Centers of Medicare and Medicaid (CMS), Food and Drug Administration (FDA), Department of Education (DoED), Department of Agriculture (USDA), Small Business Administration (SBA), Department of Labor(DOL), Department of Homeland Security (DUS), Department of State (DOS), Department of Veterans Affairs (YA), Environmental Protection Agency (EPA), Department of the Interior(D I), Department of Energy (DOE), Department of Commerce (DOC), Department of Justice (DOJ), Department of Housing and Urban Development(HUD), Department of the Treasury (USDT), Office of the Director of National Intelligence ( DNI), and U.S. Election Assistance Commission (EAQ. 67 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd:Follow-Up:COVID-19 Briefing Call with State&Local Elected Officials(April 1) Date: Thursday,April 2,2020 9:00:50 AM Attachments: image001.ong -----Original Message----- From: Crozer,William F. EOP/WHO<William.F.Crozer@who.eop.gov> Sent:Thu,Apr 2,2020 8:37 am Subject: Follow-Up: COVID-19 Briefing Call with State&Local Elected Officials(April 1) EMORR�� THE WHITE HOUSE State,Local,an Tribal Leaders— Thank you for joining the White House COVID-19 briefing call with Dr.Toni Fauci(Director,National institute ofAllergy and Infectious Diseases),Larry Kudlow(Assistant to the President for Economic Policy),and Senior Administration Officials from the U.S. Department of the Treasury (USDT)y,White House Office of Management and Budget(OMB),White House Office of American Innovation(OAI),U.S. Small Business Administration (SBA),U.S.Department of Labor,and U.S.Department of Homeland Security (DHS). We appreciate your partnership in this whole-of-government,all-of-America approach to#StopTheSpread and#BendTheCurve of COVID-19 and recognize the important role you serve in keeping Americans safe and healthy. Below,please find a recap of the call as well important resources and guidance for State-Local-Tribal officials. We hope that you will share the updated Coronavirus Guidelines for America broadly on social media and directly with your colleagues. NO NATION IS OR MORE EQUIPPED TO FACE DOWN THIS CRISIS. PRESIDENT DONALD J. TRUMP COVID-19: Important Resources for State, Local, and Tribal Officials • Coronavirus Guidelines for America: On Monday,March 16,the White House Coronavirus Task Force issued guidelines to help protect Americans during the global coronavirus outbreak.To keep the momentum going to#StopTheSpread and#BendtheCurve,on Tuesday,March 31,the White House Coronavirus Task Force issued revised guidelines—30 Days to Slow the Spread(Espanol)—for an additional 30 days.Even if 68 of 91 you are young and otherwise healthy,you are at risk,and your activities can increase the risk of contracting the Coronavirus for others. Everyone can do their part. The recommendations are simple to follow but will have a resounding impact on public health. • Up-To-Date Information: The most up-to-date,verified information and guidance can be found via the Centers for Disease Control and Prevention Coronavirus Disease 2019 website—www.coronavirus.gov. The Coronavirus Task Force holds frequent briefings,which can be viewed live here. • COVID-19 Response and Recovery Primer: Response and recovery efforts are locally executed, state managed,and federally supported.It is important that requests for assistance,including for critical supplies,get routed through the proper channels as soon as possible. Learn more about the response and recovery process via this important resource—Coronavirus(COVID-19)Pandemic:Response and Recovery Through Federal-State-Local-Tribal Partnership.FEMA's public assistance guidance for COVID-19 response efforts can be found here. Guidance for Tribal Governments can be found here. • Critical Infrastructure Workforce Guidelines: On March 16th the Department of Homeland Security (DHS)issued updated critical infrastructure guidance in response to the COVID-19 emergency. DHS issues revised guidance on March 28th(See Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response).The guidance,and accompanying list,is intended to help State, local,tribal and territorial officials as they work to protect their communities,while ensuring continuity of functions critical to public health and safety,as well as economic and national security.The list is advisory in nature and is not a federal directive or standard. • Coronavirus Fact vs.Myth: Rumors can easily circulate within communities during a crisis.FEMA setup a website to help the public distinguish between rumors and facts regarding the response to the coronavirus pandemic. • Fraud& Scam Protection: The Department of Justice is remaining vigilant in detecting,investigating,and prosecuting wrongdoing related to the crisis.Find out how you can protect yourself and helpful resources on DOJ's Coronavirus Fraud Prevention website. The Federal Trade Commission has also established a website with helpful information to help consumers avoid coronavirus-related scams. • Social Media Resources: Download the Apple COVID-19 Screening Tool.Follow the White House on Twitter and Facebook.Also follow HHS(Twitter/Facebook)and CDC(Twitter/Facebook)You can also find informational videos from Coronavirus Task Force members on mitigation, social distancing,etc.on the White House's YouTube page. • Mental Health Resources:Natural disasters—including such pandemics as the coronavirus outbreak—can be overwhelming and also can seriously affect emotional health.The Substance Abuse and Mental Health Administration's(SAMHSA)Disaster Distress Helpline—1-800-985-5990(or text TalkWithUs to 66746)— provides 24/7, 365-day-a-year crisis counseling and support to anyone who is seeking help in coping with the mental or emotional effects caused by developments related to the coronavirus pandemic. Learn more about the Disaster Distress Helpline here. • Administration Actions and Federal Agency Resources:USA.gov is cataloging all U.S. government activities related to coronavirus.From actions on health and safety to travel,immigration,and transportation to education,find pertinent actions here. Each Federal Agency has also established a dedicated coronavirus website,where you can find important information and guidance. They include:Health and Human Services (HHS),Centers of Medicare and Medicaid(CMS),Food and Drug Administration(FDA),Department of Education(DOED),Department of Agriculture(USDA),Small Business Administration(SBA),Department of Labor(DOL),Department of Homeland Security(DHS),Department of State(DOS),Department of Veterans Affairs(VA),Environmental Protection Agency (EPA),Department of Energy(DOE),Department of Commerce(DOC),Department of Justice(DOT),Department of Housing and Urban Development(HUD), Department of the Treasury (USDT),Internal Revenue Service(IRS),Office of the Director of National Intelligence(ODNI),and U.S.Election Assistance Commission(EAC). 69 of 91 Requesting PPE and Critical Supplies o'. How it Works 1. a• 3. r7 B+YN CWNGZ Healthcare facilities share critical If supplies are not available within FEAMAfHH5 work with other needs with local emergency the state,territory or tribal federal agencies to fulfill management officials.Requests are government,requests for requests.Supplies are shipped fulfilled within the state and local resources are forwarded to FEMA. as quickly as possible, government structure and purchases are reimbursable by FENWHHS. FEMA The White House Office of Intergovernmental Affairs(WH IGA)will continue to share pertinent information as it becomes available.Please do not hesitate to reach out to our office directly if we can be of assistance.As a reminder,WH IGA is the primary liaison between the White House and the country's State and local elected officials and Tribal Governments. Sincerely, The White House Office of Intergovernmental Affairs William F. Crozer Special Assistant to the President/Deputy Director White House Office of Intergovernmental Affairs tie COVID-19 Download the COVID-19 App White House COVID-19 National Briefing Call Readout April 1, 2020 70 of 91 e- 1 P "I WANTTO EXPRESS OUR TREMENDOUS THANKS TO THE AMERICAN PEOPLE FOR CONTINUING TO PRACTICE SOCIAL DISTANCING,MAINTAIN GOOD HYGIENE, AND FOLLOW GOVERNMENT GUIDELINES YOUR COMMITMENT WILL MAKE ALL THE DIFFERENCE." PRESIDENT DONALD J. TRUMP Topline-What You Need To Know • Reponses and recovery are locally executed, state managed, and federally supported(Coronavirus (COVID-19)Pandemic:Response and Recovery Through Federal-State-Local-Tribal Partnership). Solutions are coming from all levels of government to this shared challenge.To quote Ambassador Deborah Birx,"As we started and—we will end with it's communities that will do this.There's no magic bullet.There's no magic vaccine or therapy. It's just behaviors. Each of our behaviors translating into something that changes the course of this viral pandemic over the next 30 days." • On March 27,President Trump signed the CARES Act into law. The CARES Act allocates over$2 trillion to COVID-19 response efforts. • All 50 states,the District of Columbia,five territories and eighteen tribes are working directly with FEMA under the nationwide emergency declaration for COVID-19.In addition,President Trump has approved 29 major disaster declarations for State COVID-19 response.Approved declarations can be found here. It is important that mayors and county commissioners work closely with their local emergency management officials who in turn work closely with state emergency management officials to follow long-established emergency management protocol to track and work key priorities. • FEMA and DOD have released guidance for States and territories seeking approval from the President on National Guard Title 32 Status.Pursuant to this approval,the Federal government will fund 100%of the cost share during approved timeframe. The Administration will continue to work with States approved for 100% cost share to assess whether an extension of this level of support is needed.To date, 14 States have received approval(March 22,March 28,March 30)More information here. • As of March 31,at least 1.2 million tests have been completed around the country with an average of 100,000 samples per day (and climbing).As of today,FDA has approved 20 different emergency testing options.For additional information on testing,the Food&Drug Administration has setup a testing website. The website offers frequently asked questions relating to the development and performance of diagnostic tests for COVID-19,including information on what commercial laboratories are offering testing,utilizing alternative swab supplies/methods(flexibilities in the types of swabs your healthcare professionals can use), diversification on the types of reagents that can be used,etc. • Federal agencies are working to increase supplies of personal protective equipment(PPE)through new acquisition,DOD allocation,increasing production,and ensuring effective strategies to appropriately manage important resources.The Administration–led by FEMA–is also marshalling resources from the private sector–and the response from the private sector has been tremendous. (See Op-Ed from Peter Navarro–How Businesses Are Stuping Up, Collaborating with Trump Administration;Washington Examiner–Team USA:50 Companies Join Trump's War on Coronavirus). • The Centers for Medicare&Medicaid Services(CMS)has issued an unprecedented array of temporary regulatory waivers and new rules to equip the American healthcare system with maximum flexibility to respond to COVID-19.Made possible by President Trump's recent emergency declaration and emergency rule 71 of 91 making,these temporary changes will apply immediately across the entire U.S.healthcare system for the duration of the emergency declaration. More information here. • On Sunday,March 29,Vice President Mike Pence wrote a letter to America's hospital administrators thanking them for their tireless efforts to provide healthcare to Americans during this unprecedented pandemic and outlined the Administration request that hospitals provide information on daily testing,daily counts of patients,availability of hospital beds,and availability mechanical ventilators. COVID-19 Update and Overview -Dr.Anthony Fauci(Director,National Institute of Allergy and Infectious Diseases • On Tuesday,March 31,the White House Coronavirus Task Force issued revised guidelines—30 Days to Slow the Spread(Espanol)—for an additional 30 days.Even if you are young and otherwise healthy,you are at risk,and your activities can increase the risk of contracting the Coronavirus for others. Everyone can do their part. The recommendations are simple to follow but will have a resounding impact on public health. • States,Tribes,and localities must continue to do their part to implement the guidelines and proper mitigation efforts. • Over the next two weeks,we need to be prepared for things to get worse before they get better. There are early indications that mitigation efforts are making a difference, so now is the right time to double-down and not let up to keep bending the curve down. • Models are based on assumptions. We can"anticipate"but"do not need to accept"the forecasting of these models.Everyone needs to do their part and intensively adhere to the guidelines. • We must continue to take proper precautions even after the number of new cases begins to stabilize and the curve begins to move in the right direction. • "We are an extraordinary nation...[and response]will require the American people to pull together." Economic Update and Overview-Larry Kudlow(Assistant to the President for Economic Policy&Director. National Economic Council) • The first priority of the President and Administration is the health and safety of the American people.The economy returning back to normal depends on how quickly the country can flatten the curve. • Key components of fiscal relief are unemployment insurance,unpaid leave support,and small business payroll retention. • The CARES Act provides American families,healthcare workers,and small businesses with the economic support they need to get through this challenging time(See White House Fact Sheet;See Op-Ed from Ivanka Trump—Emergency Relief Bill Will Help America's Small Businesses).The$2.2 trillion economic relief package includes: • $1,200 tax free payments(treated as refundable tax credits)to Americans; • $150 billion in direct aid to State,Tribal,and local governments; • $340 billion in additional emergency supplemental funding to combat the coronavirus outbreak. • $500 billion for loans and guarantees that authorize the U.S. Treasury to support eligible businesses and States and local governments to cover losses incurred as a result of COVID-19; • $100 billion for hospitals and health care facilities to reimburse expenses or lost revenues not otherwise reimbursed that are directly attributable to COVID-19; • $3.5 billion to allow States to expand childcare benefits for healthcare workers,first responders, and others on the frontlines of this crisis. • "When we get to the other side,the economy will resume its upward course." CARES Act Implementation-State,Local,and Tribal Government Assistance • The U.S. Department of the Treasury has setup a website with up-to-date guidance on CARES Act implementation. • States,territories,eligible units of local government,and Tribal governments will receive funds from the Coronavirus Relief Fund. Treasury expects that the$150 billion provided to the Fund will be distributed no later than April 24. • Distributions will generally be based on population,with a floor of$1.25 billion for the 50 states. Population data will be drawn from the latest vintage of the Census Bureau's Population Estimates Program. 72 of 91 • Treasury is developing a website portal for units of local government to apply for direct funding equal to 45%of its pro rata share of the state's allocation. Guidance will be provided regarding what jurisdictions are eligible. • Funds distributed are an advance against eligible COVID-19 expenditures above budgeted amounts. Guidance on eligible expenditures is expected to be provided in the coming weeks;Treasury understands that recipients of funds need this guidance before disbursements are made. • Treasury sees no prohibition on states providing funds to sub-grantees,but the use of funds by sub-grantees must meet statutory use provisions • Treasury is partnering with the Bureau of Indian Affairs of the Department of the Interior in conducting Tribal Consultations. The first Consultation will be held on Thursday,April 2. • Treasury welcomes the partnership with state and local leaders in the implementation of this fund. Individual,Small Business and Unemployment Assistance Update • The Internal Revenue Service has setup a website with up-to-date guidance to help taxpayers,businesses and others affected by the coronavirus. • Distribution of economic impact payments to individuals will begin in the next three weeks and will be distributed automatically,with no action required for most people. Social security recipients,who are not typically required to file a tax return,will automatically receive economic impact payments.For guidance,see Economic Impact Payments:What You Need To Know). • The Small Business Administration is offering low interest federal disaster loans for working capital to small businesses and private,non-profit organizations all U.S. States and territories. Learn more here. • The CARES Act's Paycheck Protection Program authorizes up to$349 billion for small businesses to be applies towards job retention and certain other expenses. Small businesses and eligible non-profit organizations,Veterans organizations,and Tribal businesses described in the Small Business Act,as well as individuals who are self-employed or are independent contractors,are eligible if they also meet program size standards. • For a top-line overview of the program: Click Here • If you are a lender: Click Here • If you are a borrower: Click Here • For the application for borrowers: Click Here • March 28,the U.S.Department of Labor(DOL)published more guidance to provide information to employees and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act(FFCRA)when it goes into effect on April 1,2020.More information here. • The Families First Coronavirus Recovery Act(FFCRA), signed by President Trump on March 18,2020 authorizes the U.S.Department of Labor to disburse$1 billion in grant funding to states for the administration of unemployment insurance programs. The funding is available to states in two allocations.23 states have applied for the first round of funding,and DOL is working with the Department of Treasury to certify the funds. • Each state administers a separate unemployment insurance program,but all states follow the same guidelines established by federal law.For more information regarding rules in your state,contact with your state's unemployment insurance program. • The FFCRA also authorized emergency paid sick leave and an expansion of the Family and Medical Leave Act. On April 1,2020,DOL issued a temporary rule codifying in regulation previously issued,guidance regarding the implementation of the new leave benefits. • The CARES Act,in part,creates the Pandemic Unemployment Assistance Program which provides unemployment compensation benefits for employees traditionally not eligible for these programs(self- employed,independent contractors,and those with limited work history). DOL anticipates additional guidance on the implementation of the CARES Act in the near future. • On March 18,DOL announced availability of up to$100 Million in National Health Emergency Dislocated Worker Grants(DWGs)in response to COVID-19. The DWGs are intended to provide eligible participants with both disaster-relief employment and employment training services.These participants can include dislocated workers,workers who were laid-off as a result of the disaster,self-employed individuals who are unemployed or underemployed as a result of the disaster,and long-term unemployed individuals. Learn more here. 73 of 91 Critical Infrastructure Workforce Guidance Update • Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations.On Saturday,March 28,the Department of Homeland Security (DHS)—Cybersecurity&Infrastructure Security Agency (LISA)—released undated guidance on the essential critical infrastructure workforce(see Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response).The list and guidance were initially published on March 16th in response to the COVID-19 epidemic. • The guidance and accompanying list are intended to support State,Local,and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and need to be able to operate resiliently during the COVID-19 pandemic response.Notable additions to the guidance/list from the March 16 release include: • Clarification that mining and related critical mineral activity is essential, • Clarification that construction activity necessary for infrastructure resilience is essential; • Clarification on essential retail activity,particularly as it relates to distribution centers necessary for ecommerce and customer service activity for telecommunications vendors; • Clearer recognition of the cross-sector importance of hygiene products and sanitation services; • Enhanced detail on enabling functions for critical infrastructure,to include the commodity, services,and logistics supply chains;and • The addition of firearm and ammunition manufacturing and distribution as essential • State,local,tribal,and territorial governments are responsible for implementing and executing response activities,including decisions about access and reentry,in their communities,while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. 74 of 91 From: Mary Mccomber To: Eric Johnson Cc: Jennifer Pinski Subject: Fwd: INVITATION:State&Local Briefing Call on COVID-19(Wednesday,April 1, 1:30 PM ET) Date: Wednesday,April 1,2020 1:36:12 PM Attachments: imaae001.ona Eric, FYI -for weekly notes. I was on this call and there should be a summary coming. There were a few highlights especially the updated list of what is considered "critical infrastructure" and the list will be updated every Friday www.cisa.gov. As a response from NLC, they are looking at the relief to cities. The new statute states to"cities with population of 500,000 and above"-to revise the number more realistically. And a lot of information for our small businesses and information can be found at www.sba.gov. Mary -----Original Message----- From: Crozer, William F. EOP/WHO <William.F.Crozer@who.eop.gov> Sent: Mon, Mar 30, 2020 6:40 pm Subject: INVITATION: State& Local Briefing Call on COVID-19 (Wednesday, April 1, 1:30 PM ET) A . . MINIM THE WHITE HQV5E State and Local Elected Officials— On Wednesday,April 1, at 1:30 PM ET,please join Dr. Anthony Fauci (Director, National Institute ofAllergy and Infectious Diseases),Lary Kudlow(Assistant to the President for Economic Policy), and Senior Administration Officials for a briefing call on COVID-19 (coronavirus). Please note that Administration call participants are subject to change. The purpose of this call is to provide State and local elected officials with up-to-date information on COVID-19 and pertinent Administration and Task Force actions. Registration instructions are below—please read the RSVP instructions in their entirety before registering. We encourage you to share this invitation with your county and/or municipal colleagues as well as public health officials. If you have a particular question you would like addressed during the call,please flag those for our team. Briefing Call Registration Date: Wednesday,April 1 Time: 1:30 PM ET(please note time zone) Call-In Registration: CLICK HERE Note: Call-in lines are limited. Please register only if you are able to join the call. State and local leaders (especially staffs working in the same office are encouraged to register once as a group and use one call-in line (where appropriate and with proper social distancing) to maximize the number ofpeople who can join. Upon successful registration,you will receive dial-in details to the email address you use to register. Note that multiple people cannot dial-in using the same registration information. Recent Actions 75 of 91 President Donald J. Trump Signs the Coronavirus Aid. Relief. and Economic Security, Act CARES Following extensive negotiations between the Trump Administration and Congressional Leaders, on Friday, March 27,President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES). The$2.2 trillion economic relief package provides American families,healthcare workers, and small businesses with the economic support they need to get through this challenging time. The package includes $1,200 payments to qualifying Americans, $100 billion in direct support for hospitals, and over$370 billion to small business owners to keep their employees on the payroll. It also includes direct relief for State, Tribal, and local governments through the$150 billion Coronavirus Relief Fund. Each State will receive at least$1.25 billion. $8 billion is set aside for tribal governments. This aid comes on top of the Family First Coronavirus Aid Package, signed by President Trump on March 18,2020. State/Local/Tribal provisions include: • $150 billion in direct aid to State, Tribal, and local governments. Aid will be allocated primarily by a State's population with each State receiving at least$1.25 billion. • $340 billion in additional emergency supplemental funding to combat the coronavirus outbreak. • $500 billion for loans and guarantees that authorize the U.S. Treasury to support eligible businesses and States and local governments to cover losses incurred as a result of COVID- 19. • $100 billion for hospitals and health care facilities to reimburse expenses or lost revenues not otherwise reimbursed that are directly attributable to COVID-19. • $3.5 billion to allow States to expand childcare benefits for healthcare workers, first responders, and others on the frontlines of this crisis. • Fact Sheet:President Donald J. Trump Is Providing Economic Relief to American Workers, Families. and Businesses Impacted by the Coronavirus • Op-Ed: Ivanka Trump—Emergency,Relief Bill Will help America's Small Businesses • Op-Ed: Peter Navarro—How Businesses Are Stepping Up. Collaborating with Trump Administration Department of Homeland Security(DHS)Releases Updated Essential Critical Infrastructure Workers Guidance for States and Localities Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations. On Saturday,March 28, the Department of Homeland Security (DHS)—Cybersecurity &Infrastructure Security Agency (LISA)—released updated guidance on the essential critical infrastructure workforce (see Memorandum on Identification of Essential Critical Infrastructure Workers During COVID- 19 Response). The guidance and accompanying list are intended to support State, Local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and need to be able to operate resiliently during the COVID-19 pandemic response.State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Centers for Disease Control (CDC) and Prevention Issue Travel Advisor for New York. New Jersey, and Connecticut Saturday,March 28, CDC issued a travel advisory for New York,New Jersey, and Connecticut urging residents to refrain from non-essential domestic travel for 14 days effective immediately. The 76 of 91 Domestic Travel Advisory does not apply to employees of critical infrastructure industries, including but not limited to trucking,public health professionals, financial services, and food supply. These employees of critical infrastructure, as defined by the Department of Homeland Security (here)have a special responsibility to maintain normal work schedule. The Governors of New York,New Jersey, and Connecticut will have full discretion to implement this Domestic Travel Advisory. Learn more here. President Trump Invokes Defense Production Act(DPA) quiring General'Motors to Produce Ventilators Statement from the President: President Trump signed a Presidential Memorandum directing the Secretary of Health and Human Services to use any and all authority available under the Defense Production Act to require General Motors to accept,perform, and prioritize Federal contracts for ventilators. Our negotiations with GM regarding its ability to supply ventilators have been productive,but our fight against the virus is too urgent to allow the give-and-take of the contracting process to continue to run its normal course. GM was wasting time. Today's action will help ensure the quick production of ventilators that will save American lives. The White House Office of Intergovernmental Affairs (WH IGA)will continue to share pertinent information as it becomes available. Please do not hesitate to reach out to our office if we can be of assistance. As a reminder, WH IGA is the primary liaison between the White House and the country's State and local elected officials and Tribal Governments. The White House Office of Intergovernmental Affairs William F. Crozer Special Assistant to the President/Deputy Director White House Office of Intergovernmental Affairs lk10 cavio-19 V, Download the COVID-I9 App COVID-19: Important Resources for State, Local, and Tribal Officials 77 of 91 NO NATION OR MORE EQUIPPED i FACE DOWN THIS CRISIS. • Coronavirus Guidelines for America: The White House Coronavirus Task Force issued guidelines–15 Days to Slow the S rp ead(Espanol)–to help protect all Americans during the global Coronavirus outbreak. Even if you are young and otherwise healthy,you are at risk—and your activities can increase the risk of contracting the Coronavirus for others. Everyone can do their part. The recommendations are simple to follow but will have a resounding impact on public health. • Up-To-Date Information: The most up-to-date,verified information and guidance can be found via the Centers for Disease Control and Prevention Coronavirus Disease 2019 website– www.coronavirus.gov. The Coronavirus Task Force holds frequent briefings,which can be viewed live here. • COVID-19 Response and Recovery Primer: Response and recovery efforts are locally executed, state managed, and federally supported. It is important that requests for assistance, including for critical supplies,get routed through the proper channels as soon as possible. Learn more about the response and recovery process via this important resource–Coronavirus (COVID-19) Pandemic: Response and Recovery Through Federal-State-Local-Tribal Partnership. FEMA's public assistance guidance for COVID-19 response efforts can be found here. • Critical Infrastructure Workforce Guidelines: On March 16th,the Department of Homeland Security (DHS) issued updated critical infrastructure guidance in response to the COVID-19 emergency. The guidance, and accompanying list,is intended to help State,local, tribal and territorial officials as they work to protect their communities,while ensuring continuity of functions critical to public health and safety, as well as economic and national security. The list is advisory in nature and is not a federal directive or standard. More here. • Coronavirus Fact vs. Myth: Rumors can easily circulate within communities during a crisis. FEMA setup a website to help the public distinguish between rumors and facts regarding the response to the coronavirus pandemic. • Fraud & Scam Protection: The Department of Justice is remaining vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis. Find out how you can protect yourself and helpful resources on DOJ's Coronavirus Fraud Prevention website. The Federal Trade Commission has also established a website with helpful information to help consumers avoid coronavirus-related scams. • Social Media Resources: Download the Apple COVID-19 Screening Tool. Follow the White House on Twitter and Facebook. Also follow HHS (Twitter/Facebook) and CDC (T i r Facebook)You can also find informational videos from Coronavirus Task Force members on mitigation, social distancing, etc. on the White House's YouTube page. 78 of 91 • Mental Health Resources: Natural disasters—including such pandemics as the coronavirus outbreak—can be overwhelming and also can seriously affect emotional health. The Substance Abuse and Mental Health Administration's (SAMHSA) Disaster Distress Helpline— 1-800-985- 5990 (or text TalkWithUs to 66746)—provides 24/7, 365-day-a-year crisis counseling and support to anyone who is seeking help in coping with the mental or emotional effects caused by developments related to the coronavirus pandemic. Learn more about the Disaster Distress Helpline here. • Administration Actions and Federal Agency Resources: USA.gov is cataloging all U.S. government activities related to coronavirus. From actions on health and safety to travel, immigration, and transportation to education, find pertinent actions here. Each Federal Agency has also established a dedicated coronavirus website,where you can find important information and guidance. They include: Health and Human Services (HHS), Centers of Medicare and Medicaid(CMS),Food and Drug Administration(FDA),Department of Education (D-QED), Department of Agriculture (USDA), Small Business Administration(SBA),Department of Labor(DOL),Department of Homeland Security (DHS),Department of State(DOS), Department of Veterans Affairs (Y ),Environmental Protection Agency (EPA),Department of the Interior(D I),Department of Energy (DOE),Department of Commerce(DOC), Department of Justice(DOJ),Department of Housing and Urban Development(HUD), Department of the Treasury ( DT), Office of the Director of National Intelligence(OD I), and U.S. Election Assistance Commission(EAQ. 79 of 91 From: Lockridoe Grindal Nauen P.L.L.P. To: Eric Johnson Subject: Legislative Alert:Walz Unveils Data Dashboard,Outlines State's Priorities in Responding to COVID-19 Date: Friday,April 3,2020 1:08:59 PM iew• logo image H. Theodore Grindal Partner V -1'9 Governor Tim Walz today unveiled a new State of Minnesota COVID- 19 dashboard that tracks the virus in Minnesota and provides the latest available data on available ventilators, ICU beds, personal protective 80 of 91 load image equipment(PPE), and testing. The dashboard will be updated daily and is available here. Rebecca J. Kanninen "During Minnesota's Stay Home Order,we've worked to collect data, Partner increase the availability of necessary equipment, and develop load image strategies to address economic and social impacts of COVID-19,"said Governor Walz. "This dashboard will provide Minnesotans with timely, accurate information about the data that informs our decisions on COVID-19 response, recovery, and resources." "We've been working around the clock during this Stay Home Order to increase hospital capacity and better track the spread of this virus," said Lieutenant Governor Peggy Flanagan. "This dashboard will help Minnesotans see the virus's impact on Minnesota and the data that drives our response to COVID-19." Daniel G. Larson Director,State& Local During Minnesota's Stay Home Order, Minnesota's priorities have been Government Affairs to collect data about COVID-19; increase the number of ICU beds, load image ventilators, and PPE needed to care for a surge in patients; and develop strategies to address the economic and social impacts of COVID-19 in Minnesota. Governor Walz has formed work groups to focus on critical response and recovery work, including hospital surge capacity, supplies, testing, and education and child care. Amos A. Briggs Government Relations load image [® Peter H. Glessing Associate/ Communications& Grassroots Advocacy 81 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd:LGN Federal Coronavirus Update: March 30 Date: Monday,March 30,2020 1:06:40 PM For weekly notes -----Original Message----- From: Lockridge Grindal Nauen P.L.L.P. <rfsherman@locklaw.com> To: marymccomber@aol.com<marymccomber@aol.com> Sent: Mon, Mar 30, 2020 1:04 pm Subject: LGN Federal Coronavirus Update: March 30 View • F—]Forward logo image FN II J. Kanninen 82 of 91 Partner load image Pelosi Seeks New Health Worker Protections in Fourth Bill House Democratic leaders said the next coronavirus-relief measure will carry provisions to bolster the Occupational Safety and Health Administration's (OSHA)ability to protect health care workers, after the chamber cleared the largest stimulus plan in the nation's history. "Workers are risking their lives on the front line of this fight and need stronger OSHA protections to keep them safe,"said Speaker Nancy Pelosi on the House floor last Friday. Lianne M. Endo Federal Relations The $2 trillion stimulus package passed by voice vote on Friday,which President Trump signed into law later that day, splits$15 million load image among OSHA and other agencies under the Department of Labor through fiscal year 2022. Congressional Democrats argue that more measures are needed to improve worker safety during the outbreak. Though OSHA has requirements for medical personnel to follow to prevent the spread of blood-borne illnesses, it does not have similar standards for airborne viruses like the coronavirus. It is not immediately clear when either chamber will be able to start to consider what would amount to a fourth coronavirus-response package; both the House and Megan G. Knight Senate are currently set for Easter recesses continuing through April Federal Relations 20. load image Trump Abandons Goal of Easing Restrictions by Easter President Trump has abandoned his ambition to return American life to normal by Easter, heeding advice from the government's top doctors and public health professionals that re-opening the U.S. economy in two weeks risks greater death as the coronavirus outbreak accelerates. In a stark shift from two weeks of measured optimism, the President said his guidelines for Americans to practice "social distancing"would remain in place until at least April 30. Nicholas F. Kowalski Senior Strategist The President's reversal came after his top medical advisers, Anthony load image Fauci, the director of the National Institute of Allergy and Infectious Diseases, and Deborah Birx, the State Department immunologist advising Vice President Mike Pence, presented alarming new projections that millions of Americans may wind up infected. U.S.Allows Emergency Use of Trump-Backed Drug A drug that President Trump has backed as a possible "game changer" in the fight against the coronavirus pandemic received an emergency- use designation from U.S. regulators, even as signs of risk continued Robert F.Sherman to mount. The Health and Human Services Department accepted 30 Federal Relations million doses of the drug, hydroxychloroquine, from Novartis AG's Sandoz unit, Secretary Alex Azar said in a statement late Sunday. Normally used to treat malaria, hydroxychloroquine has yielded promising yet inconclusive results in a small coronavirus trial. While the President has said the drug is safe, it does carry significant side effects: some people have been sickened,with reported deaths in the U.S. and France, after taking various versions to try to ward off Covid- 83 of 91 load image 19. Vince M. Spinner HHS Seeks Testing, Bed Capacity Data From Hospitals Federal Relations Vice President Mike Pence has asked hospitals to report to the load image Department of Health and Human Services their data on testing for the Covid-19 disease as well as their bed capacity. The White House Coronavirus Task Force is already collecting data from public health labs and private laboratory companies, but it does not have data from hospital labs that conduct laboratory testing in their hospitals. Academic, university, and hospital "in-house" labs are performing thousands of Covid-19 tests each day, but unlike private laboratories, the full results are not required to be shared with government agencies Emily J. Tranter working to track and analyze the virus. Federal Relations load image State Obamacare Exchanges See Surge in Interest Amid Virus Fears States that operate their own health-care exchanges are leading the way in helping the uninsured find coverage amid the coronavirus crisis. Twelve states and the District of Columbia have their own Affordable Care Act exchanges, and all but one—Idaho—have opened special enrollment periods to allow uninsured people to buy health coverage during the pandemic. Randy Kelly A surge of new applicants, particularly among people in their 20s, Senior Advisor suggests that those who had once chosen to go without coverage are load image now welcoming the chance to protect themselves as the fear of contagion spreads. The goal of the states that have set up special enrollment periods is to ensure that as many people as possible have coverage for coronavirus testing and treatment,which is seen as crucial in the fight to slow the pandemic. Hospitals, Doctors to Get Faster Medicare Payments During Crisis The Centers for Medicare & Medicaid Services is expanding its advance payment program for health care providers to ensure they have enough funds and resources to help fight the Covid-19 pandemic. CMS on Saturday said the expansion is aimed at reducing financial hardships that providers are facing during the crisis. The agency has previously called on providers to delay non-essential surgeries, and some health care staff have been unable to work, causing further disruption to the industry. "With our nation's health care providers on the front lines in the fight against COVID-19, dollars and cents shouldn't be adding to their worries,"CMS Administrator Seema Verma said in a statement. 84 of 91 Accelerated and advance payments are intended to provide emergency funding to hospitals, doctors, and other health-care providers that are facing disruptions in the Medicare claims process. CMS said it is expanding the program only for the duration of the crisis. CMS will start accepting requests immediately, and payments will be issued within seven days of receiving the provider's request. "8 Click here to opt-out of receiving future communications. Copyright©2020 85 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd: MAOSC Weekly Session BULLETIN-Mar 27,2020 Date: Saturday, March 28,2020 9:01:13 AM For weekly notes -----Original Message----- From: Minnesota Small Cities <cap@maosc.org> To: marymccomber<marymccomber@aol.com> Sent: Fri, Mar 27, 2020 5:18 pm Subject: MAOSC Weekly Session BULLETIN - Mar 27, 2020 - ----------------------------------------------------------------------- BULLETIN Weekly Session Update March 27, 2020 Dear Oak Park Heights Leaders and/or Staff This week's BIG news was of course, Gov Walz's"Stay at Home"Order-effective midnight tonight(3.27)thru April 10th. Plus,the Minnesota Legislature and Congress both passed emergency legislation related to the COVID19 outbreak. Yesterday was an unusual day of legislative floor sessions at the MN Capitol. Both the House and Senate met and passed significant legislation relating to COVIDI9.And, both bodies took extraordinary measures to ensure proper social distancing.The Senate allowed proxy votes,as read from the floor,while the House had members seated throughout the chamber,gallery,and in the halls. In the end,the House(99-4)and Senate(67-0) both passed a $330 million spending package to help with COVID 19. 86 of 91 Human Services-$71 million Economic Development-$40 million Management&Budget-$200 million Veterans Affairs-$6.2 million Revenue(Tribal Grants) - $11 million Public Safety-$2.4 million Languaaee Summary Spreadsheet After passing the bill, both bodies adjourned until April 14th -OR- until they determine to return,to address additional COVID19 issues that may come up.There have been a number of issues that have been discussed within some workin99rougs, IF agreement is reached,they may be voted on. The US House passed the$2 Trillion COVID19 Relief Bill (passed earlier this week by the US Senate). President Trump signed it this afternoon. HOPEFULLY this aid,along with the aid and legislation passed at the State level, will be enough to help your community ride this storm out,successfully. US House approves historic$2 trillion coronavirus packaaee Somewhat lost in the avalanche of COVID news this week,three separate stories broke on Monday,which brought the outbreak to the forefront of Minnesota Government: First, our condolences go out to Lt. Governor Flannagan and her family. Flannagan's brother,who was battling cancer,died from COVID-19 over the weekend, in Tennessee. Then Governor Walz announced that he is self-quarantining after coming into contact with someone who tested positive for COVID-19. Finally, Senator Amy Klobuchar's husband was hospitalized with COVID-19 and pneumonia, but thankfully, has since been released. I spoke with a number of small city leaders this week,to check in and see how individual cities are dealing with this. I learned that everyone is handling some aspects in slightly different ways...AND,that everyone is handling somethings in very much the same way. (How's that for clarity?? lol). Obviously each city's needs and makeup is unique,so it seems natural that the responses and actions taken would vary to some degree.The bottom line really, is that Minnesota's Small City Leaders are stepping up in an impressive way! Nice work! If you have any questions for me or MAOSC please feel free to reach out and ask. We're happy to assist in any way we can. Just a reminder that MN State Auditor reports are due for small cities on March 31st. RESOURCES: • The League had a recent Bulletin Extra,which included COVID-19 resources and things to consider when closing city facilities.Also, LMC held a recent webinar on COVID19 that you can watch HERE. • Here is a Map of MN Cases where you can track the current spread in Minnesota. • You can keep track of the Governor's COVID-19 related executive orders here. • The Coronavirus has changed a lot about how our healthcare system and the government is operating. Please, if your city has questions contact the Mn Dept of Health. So,what's next in this craziness?WHO actually knows, right?While the President has said he'd like to see the country begin to reopen as soon as Easter to prevent further damage to the economy,Gov. Walz said he's not taking any chances and wants to keep"flattening the curve". Meanwhile,the Federal COVID19 Mitigation Task Force Experts are looking at a"flexible"approach based on DATA and geographical indications throughout the country. (Butte, Montana is not facing the same perilous situation as New York, NY for example.)We can only wait and see how their recommendations match up with Governor Walz's mandates. Clearly,every decision is a moving target right now. In the meantime,we continue to think about you and HOPE that your community stays healthy! Please continue to heed state and federal guidelines and encourage your friends,family,coworkers,and residents do the same. PS: In an effort to help you track us,we've set up a twitter account to post more of what we are doing at the Capitol and tracking legislation. Please give us a follow @mnsmallcities. We will soon be setting up a Facebook page so watch for that as well. As always,Thank You for the work you do for your communities!Our state is better because of the hard work that is being done by leaders in Minnesota's small cities. If at any time you have concerns, issues or suggestions for improvement-feel free to email me at cap(a)maosc.ora. Stay SAFE and BE WELL! 87 of 91 Sincerely, Cap O'Rourke U Executive Director MN Small Cities 612 483 1863 cap1aDmaosc.org Minnesota Association of Small Cities I maosc.ora fEii Lo 8 MAOSC 1 145 University West, St. Paul, MN 55103 Unsubscribe marymccomber(d)aol.com Update Profile I About Constant Contact Sent by cap@maosc.org in collaboration with Io Try email marketing for free today! 88 of 91 From: Mary Mccomber To: Eric Johnson Subject: Fwd: Mayors(MMA) : What Does Civility Look Like During a Crisis?—A Message from LMCIT Administrator Dan Greensweig Date: Tuesday, March 31,2020 10:50:41 AM Sent to the Mayors memberlink....good info for weekly notes -----Original Message----- From: Madison Hagenau via LMC -MemberLink<Mail@ConnectedCommunity.org> To: marymccomber<marymccomber@aol.com> Sent: Tue, Mar 31, 2020 9:00 am Subject: Mayors (MMA) : What Does Civility Look Like During a Crisis?—A Message from LMCIT Administrator Dan Greensweig Mayors MMA Post New Message What Does Civility Look Like During a Crisis? —A Message from LMCI Administrator Dan Greensweig Reply to Group Reply to Sende Reply to Sender via Email AN Mar 31 , 2020 9:01 AM Madison Hagenau Many of us have immediate and personal concerns right now. Are my friends and family healthy? How do I homeschool my kids? What's the economy going to look like in six months? In these conditions, civility might seem like a strange thing to focus on. Truth is, it's more important than ever. Mayors, councilmembers, administrators, managers, clerks, and other city officials are by definition in positions of leadership. In times like these, when people are anxious about the future, they look to leaders for cues on how to react. Do we turn on each other and risk long-term damage to our relationships or do we find ways to work together to overcome adversity? When we've got our own understandable worries, it's helpful to rely on certain tools to keep things running as smoothly as possible and to model strength and unity for the people we serve. A. Use Successful Communication Practices 1. Overcommunicate. Working remotely or attending meetings virtually robs participants of the luxury of reading body language, bumping into people in hallways, spending time together in person. Communication practices become key. Write (and speak) with clarity, particularly when meeting 89 of 91 virtually. Have a system in place to get as much timely information out to the public as possible — use social media, webpages, city Facebook pages, email alert systems, a partnership with local media, whatever you rely on in your city. People want to know what's happening and why. 2. Avoid unnecessary side conversations. Besides the fact the Open Meeting Law still applies, these types of conversations can lead to others acting on incomplete information, feeling excluded, and leave them suspicious of motives. 3. Use procedural rules for meetings. Process matters. When meeting virtually, it's more difficult to gauge when someone else wants to speak. Make sure there's a process for the person leading the meeting to request a motion and a second, if appropriate, and to ask each member to weigh in on any topic being discussed. And ask for a roll call vote, not only because the law requires it for virtual meetings governed by the Open Meeting Law, but because it lets the people taking minutes and the public know who is voting which way on what issues. 4. Listen. Getting interrupted frustrates people. Virtual meetings can be awkward anyway, and even more so when people are talking over each other. Intentionally work on listening with curiosity. In challenging times, we need everyone's contributions more than ever. B. Maintain a Team Mindset Cohesive teams are more likely to achieve their goals. Lack of civility within a team working environment causes unnecessary stress and tension among coworkers and reduces productivity and effectiveness. This is a time to: 1. Cut people slack. 2. Avoid blaming people; there will be time to address accountability later. 3. Focus on process, not the people involved. 4. Assume people are well-intentioned until proven otherwise. 5. Listen to learn, rather than pretending to listen while formulating a counter argument. 6. Ask expansive questions and be patient with silence while waiting for a response. 7. Show empathy. 8. Identify people's strengths and recognize their contributions. 9. Delegate and trust people to do the right thing. 10. Celebrate success. C. Use the Right Tools If city officials or staff are working remotely to comply with social distancing and protect each other during the pandemic, a city needs solid collaboration resources. Technology can cause stress, so find tools that are easy to use. Without the ability to walk down the hall to see if your coworker has a minute to talk, you'll need to rely on your tools to indicate when you are available or when others should expect to have to wait to communicate. And check on your 90 of 91 colleagues once in a while, just to see how they're doing. It's okay to let people know we care about them as human beings, not just as colleagues. The actions of elected and appointed officials directly affect the willingness of others to join or remain with an organization. Just as important, they determine whether the public believe the city is acting in the best interest of the community. Especially now, civility is the glue that holds everything together. Dan Greensweig LMCIT Administrator ------------------------------ Madison Hagenau Member Engagement League of Minnesota Cities Saint Paul MN (651) 215-4048 ------------------------------ Reply to Group Online Reply to Sender via Email View Thread Recommend Forward You are subscribed to "Mayors MMA" as marymccomber@aol.com. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe. 91 of 91