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HomeMy WebLinkAbout2024-01-02 City Council Meeting PacketAgenda City Council Meeting City of Edina, Minnesota City Hall Council Chambers Tuesday, January 2, 2024 7:00 PM Watch the meeting on cable TV or at EdinaMN.gov/LiveMeetings or Facebook.com/EdinaMN. Participate in Community Comment Call 312-535-8110 Enter access code 2630 198 4430 Password is 9495 Press *3 on your telephone keypad when you would like to get in the queue to speak A sta6 member will unmute you when it is your turn I.Call To Order II.Roll Call III.Pledge of Allegiance IV.Approval Of Meeting Agenda V.Community Comment During "Community Comment," the Mayor will invite residents to share issues or concerns that are not scheduled for a future public hearing. Items that are on tonight's agenda may not be addressed during Community Comment. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Individuals should not expect the Mayor or Council to respond to their comments tonight. The City Manager will respond to questions raised during Community Comments at the next meeting. A.City Manager's Response to Community Comments VI.Adoption Of Consent Agenda All agenda items listed on the Consent Agenda will be approved by one motion. There will be no separate discussion of items unless requested to be removed by a Council Member. If removed the item will be considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Council Members present to approve, unless otherwise noted in consent item.) A.Approve Minutes: Work Session and Regular, Dec. 19, 2023 B.Approve Payment of Claims C.Resolution No. 2024-01: Designating O8cial Newspaper for 2024 D.Resolution No. 2024-02: Signatory Resolution E.Resolution No. 2024-03: Designating O8cial Depositories F.Resolution No. 2024-04: Designation of Director and Alternate Director of LOGIS G.Resolution No. 2024-05: Designation of Director and Alternate Director of Suburban Rate Authority H.Resolution No. 2024-06: Authorizing Facsimile Signatures by Public O8cials I.Annual Appointment of Assistant Weed Inspector J.Resolution No. 2024-07: Approving Parking Restrictions K.Request for Purchase: 2023 Mercedes Metris L.Tra8c Safety Report of December 13, 2023 M.Request for Purchase: Building Energy Benchmarking Services N.Request for Purchase: Police Department EV Charging Station Underground Infrastructure O.Request for Purchase: Change Order #1 for Sanitary Sewer Lift Station No. 3 Construction Phase Services P.Request for Purchase: Change Order #1 to Bury Overhead Power Lines on the Blake Road Project Q.Request for Purchase: Change Order #1 for Blake Road Reconstruction Construction Services R.Request for Purchase: Change Order #2 for Grandview Pedestrian Bridge S.Request for Purchase: Change Order #1 for Grandview Pedestrian Bridge Engineering Services T.Approve 2023-2025 Union Contract for IBEW Local 292 Electricians VII.Special Recognitions And Presentations A.Hennepin County SheriF Dawanna Witt Update VIII.Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) A.Resolution No. 2024-08: Accepting Donations B.Draft 2024 State Legislative Platform IX.Commission Correspondence (Minutes and Advisory Communication) A.Minutes: Energy & Environment Commission, November 9, 2023 B.Minutes: Transportation Commission, November 16, 2023 C.Parks and Recreation Commission 2023 Work Plan initiative 1.6.4: Alternative Funding Sources D.Parks and Recreation Commission 2023 Work Plan initiative 1.6.5: Comparable Community Parks / Recreational Opportunities E.Advisory Communication: Community Health Commission Stop the Bleed Initiative X.Manager's Comments A.Prep Memo Jan. 2, 2024 XI.Mayor And Council Comments XII.Adjournment The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing ampliKcation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: January 2, 2024 Agenda Item #: V.A. To:Mayor and City Council Item Type: Other From:Sharon Allison, City Clerk Item Activity: Subject:City Manager's Response to Community Comments Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: City Manager Neal will respond to questions asked at the previous Council meeting. Date: January 2, 2024 Agenda Item #: VI.A. To:Mayor and City Council Item Type: Minutes From:Sharon Allison, City Clerk Item Activity: Subject:Approve Minutes: Work Session and Regular, Dec. 19, 2023 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve minutes as presented. INTRODUCTION: ATTACHMENTS: Description Minutes: Draft Work Session, Dec. 19, 2023 Minutes: Draft City Council Regular, Dec. 19, 2023 MINUTES OF THE EDINA CITY COUNCIL WORK SESSION COMMUNITY ROOM, CITY HALL TUESDAY, DECEMBER 19, 2023 5:30 P.M. CALL TO ORDER Mayor Hovland called the meeting to order at 5:30 p.m. ROLL CALL Answering roll call were Members Agnew, Jackson, Pierce, and Risser and Mayor Hovland. Staff in attendance: Scott Neal, City Manager; Gillian Straub, City Management Fellow, Chad Millner, Director of Engineering; Bill Neuendorf, Economic Development Manager; Todd Milburn, Police Chief; Jennifer Bennerotte, Communications Director; Stephanie Hawkinson, Affordable Housing Development Manager; Perry Vetter, Parks & Recreation Director; Twila Singh, Organics Recycling Coordinator; David Yanagisawa, I.T. Specialist; Sharon Allison, City Clerk. 2024 STATE AND FEDERAL LEGISLATIVE PLATFORM City Manager Neal shared legislative platforms were developed annually to inform the legislators of issues that were important to the City Council. He said having an approved platform allowed staff to quickly react to bills that were introduced that may or may not be in the best interest of the City. He said the legislative platform was a combination of unfinished priorities or positions, plus new priorities or positions from the City Council, staff, or commissioners. He reviewed the legislative platform in detail. Council asked questions and provided feedback including consensus to table approval of the legislative platform. Staff’s initial request was for Council to approve the legislative platform at their regular meeting immediately following the work session; however, because of feedback from the community regarding affordable housing 2.4 and 2.5, and that it was mistakenly placed on the consent agenda rather than reports and recommendation, Council tabled it until January 2 for further discussion and to allow time for public input on Better Together, and final approval January 16. Additionally, Council asked staff to remove affordable housing items 2.4 impose a demolition fee, and 2.5 impose a single-family transfer tax, for future consideration. Lastly, Council asked to add Rail Safety to the legislative platform using the same language from a prior year’s platform. ADJOURNMENT Mayor Hovland adjourned the meeting at 6:50 p.m. Respectfully Submitted, _____________________________________ Sharon Allison, City Clerk Minutes approved by the Edina City Council Jan. 2, 2024. _____________________________ James B. Hovland, Mayor Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL DECEMBER 19, 2023 7:00 P.M. I. CALL TO ORDER Mayor Hovland called the meeting to order at 7:03 p.m. then shared the procedure for public hearing and community comment. II. ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, Hovland. Absent: None. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED AS AMENDED Manager Neal shared comments regarding removing the legislative platform item from the consent agenda as it was placed there in error then spoke to discussions during the work session where changes were made how the item would ultimately be shared at a future meeting and how when brought forward the item would include removal of items 2.4 and 2.5 regarding affordable housing, demolition fees, and imposing a single- family transfer tax. The Council shared comments about the task force work to address the challenges of affordable housing and efforts surrounding current median home value of $660,000 and median income not keeping up with median home value. They spoke about the housing stock where over 10 years the City lost 1,000 homes that would have been naturally occurring affordable housing and the need to create a sustainable fund to provide more affordable housing or preserve current housing. They spoke about the complexity of the topic and how the goal was to meet in January to identify initiatives and funding and create new users that would include a public process for feedback on each initiative. The Council spoke about two sources that would require legislative action and how the presentation was out of sequence and the need for an opportunity for the City to play an active role in building trust and provide the community with information and be clear in communication then noted changes would not occur without community input. Member Jackson made a motion, seconded by Member Agnew, to approve the meeting agenda as amended, tabling Item VIII.C, State Legislative Agenda, until January 2, 2024, with sections 2.4 and 2.5 removed. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. V. COMMUNITY COMMENT Daniel Eaton, 5712 Parkwood Lane, thanked the Council for their comments on the affordable housing agenda then spoke about 5780 Lincoln Drive and how the neighborhood was looking forward to engaging in the small area plan along with the need to make sure the process included community engagement to ensure everyone was treated equally. V.A. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS Manager Neal responded to past Community Comments. VI. CONSENT AGENDA ADOPTED AS PRESENTED Member Jackson made a motion, seconded by Member Pierce, approving the consent agenda as presented: VI.A. Approve Minutes of the Worksession and Regular Meeting of December 5 and 11, 2023 Minutes/Edina City Council/December 19, 2023 Page 2 VI.B. Approve Claims for Payment for Check Register Claims Pre-List Dated December 1, 2023, totaling $2,011,789.857 and Check Register Claims Pre-List Dated December 8, 2023 totaling $1,436,132.02 VI.C. Adopt Ordinance No. 2023-24; Amending Chapter 2 of the City Code, Setting Fees for 2024 VI.D. Approve Summary Publication for Ordinance No. 2023-24; Amending Chapter 2, Setting Fees for 2024 VI.E. Request for Purchase; Change Order for ZoneOne Locating Professional Services Contract Extension, awarding the bid to the recommended low bidder, Hance Utility Service Inc., dba ZoneOne Locating Services, $140,000 VI.F. Request for Purchase; Change Order for Aid Electric Professional Services Contract Extension, awarding the bid to the recommended low bidder, Aid Electric Professional Services Contract Extension, $100,000 VI.G. Request for Purchase; Change Order for Killmer Electric Professional Services Contract Extension, awarding the bid to the recommended low bidder, Killmer Electric Professional Services Contract Extension, $100,000 VI.H. Request for Purchase; Security System for Fire Station 2 Project, awarding the bid to the recommended low bidder, Pro-Tec Design, $202,027 VI.I. Approve 2024 Public Health Services Agreement with City of Bloomington VI.J. Adopt Resolution No. 2023-99; Setting 2024 Ambulance and Miscellaneous Fire Fees VI.K. Request for Purchase; Fitness Equipment, awarding the bid to the recommended low bidder, 2nd Wind Exercise Equipment, Inc., $21,159.96 VI.L. Request for Purchase; Five 2024 Ford Police Interceptor Utility Explorers, awarding the bid to the recommended low bidder, Tenvoorde Ford, Inc., $230,229 VI.M. Request for Purchase; Braemar Park Courtney Files #2-4 Sports Lighting Electrical Connections, awarding the bid to the recommended low bidder, Neo Electrical Solution, $125,400 VI.N. Request for Purchase; Braemar Park Phase 1 Brushing and Invasive Vegetation Control, awarding the bid to the recommended low bidder, Landbridge Ecological Inc., $368,921 VI.O. Request for Purchase; Replacement Equipment for Southwest TV Public and Education Access Channels, awarding the bid to the recommended low bidder, Advanced Systems Integration LLC, $44,681.67 VI.P. Adopt Ordinance No. 2023-22; an Ordinance Amending Chapter 2 of the Edina City Code Concerning a Local Sales and Use Tax VI.Q. Approve Summary Publication for Ordinance No. 2023-22 Amending Chapter 2, a Local Sales and Use Tax VI.R. Approve 2024 Board and Commission Reappointments Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VII. SPECIAL RECOGNITIONS AND PRESENTATIONS VII.A. EMERGENCY MANAGEMENT DIRECTOR PRACTITIONER CERTIFICATE – PRESENTED Fire Chief Slama shared that Andrew LaVenture was an Edina resident and part time communication expert for the Fire Department, recently completed the Emergency Management Director/Practitioner Certificate program through Homeland Security and Emergency Management (HSEM). He said Mr. LaVenture took great pride in taking care of his fellow residents and preparing for all events in the City of Edina and congratulated him on this achievement. Jon Dotterer, HSEM, shared the requirements for this certificate which included over 400 hours of course work in emergency work and response then presented the certificate. A round of applause was offered by all in attendance. Minutes/Edina City Council/December 19, 2023 Page 3 Mr. LaVenture thanked everyone for their support then stated he was a lifelong learner and looked forward to taking what was learned and putting into practice to help make the City safer for all. VIII. REPORTS/RECOMMENDATIONS VIII.A. RESOLUTIO N NO. 2023-100; ACCEPTING DONATIONS – ADOPTED Member Agnew moved to adopt Resolution No. 2023-100, accepting donations. Seconded by Member Jackson. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.B. RESOLUTION NO. 2023-86; RESOLUTION NO. 2023-89 AND ORDINANCE NO. 2023-23; COMPREHENSIVE PLAN AMENDMENT, ZONING ORDINANCE AMENDMENT AND SITE PLAN REVIEW FOR 6016 VERNON AVENUE – ADOPTED Community Development Director Teague shared that Ron Dee on behalf of GreenDrop Charitable Donations and the property owner Special X properties, was proposing to remodel the existing Kee’s auto repair shop at 6016 Vernon Avenue into a charitable donation center which would accept donations on behalf of Disabled American Veterans. The GreenDrop donation office would accept donations of gently used clothing, shoes, and household goods. GreenDrop has 61 locations across the country. This office was proposed to be open from 10 am to 6 pm seven days a week, 363 days per year. They would be closed Thanksgiving and Christmas. Two employees would be on the site during business hours. There would be no outside storage, including no semi-trailer storage. Once per week, a 16-foot box truck will collect the donated items inside the building and transport them to another location outside of Edina for sorting and resale. The existing site was zoned PCD-4, Planned Commercial District, which allowed only automobile service centers, gas stations and car washes. City Attorney Kendall said if correctly zoned the use could continue for as long as they wanted as a legal non-conforming use or could be considered an interim use permit. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-86; denying Resolution No. 2023-86 approval of a Comprehensive Plan amendment at 6016 Vernon Avenue; approve Second Reading adopting Ordinance No. 2023-23 denying amending the Zoning Ordinance to Allow Donation Collection Centers as a Principal Use in The PCD-4, Planned Commercial 4 Zoning District; and adoption of Resolution No. 2023-89 approval of a Site Plan at 6016 Vernon Avenue for Greendrop for 6016 Vernon Avenue Based on The Outlined Findings. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Hovland Nays: Pierce, Risser Motion carried. VIII.C. 2024 STATE LEGISLATIVE PLATFORM – TABLED TO JANUARY 2, 2024 VIII.D. ROSLAND PARK PEDESTRIAN BRIDGE PROJECT UPDATE – PRESENTED City Engineer Millner stated on November 21, 2023 the City Council directed staff to collect more comments from the community, provide lifecycle costs and some potential examples of the new bridge. Staff created a BetterTogetherEdina project page and hosted a neighborhood meeting on December 14. He outlined the options with switchbacks and potential noise wall locations that included Option 5B with long ramps and 6A with elevators and a ramp. The current pedestrian bridge was owned and managed by the Minnesota Department of Transportation (MnDOT) and constructed in the 1960s. The bridge did not meet Americans with Disabilities Act (ADA) standards and was substantially damaged when it was struck twice in 2022 by vehicles traveling on Minnesota Highway 62. The damage resulted in the closure of the bridge for most of Minutes/Edina City Council/December 19, 2023 Page 4 2022, until expensive temporary repairs were made in January 2023. There have been extensive discussions between City and MnDOT staff about a plan to replace the bridge. Funding for the project had been secured between a successful capital bonding request in 2023 and MnDOT Funds. MnDOT was also discussing adding a permanent 3rd westbound travel lane on Highway 62 along with a 20-ft tall noise wall. The City had engaged the engineering firm of Bolton-Menk to start the design process for the new bridge. 12 options were reviewed and staff was seeking confirmation of design option 1A so this project could be potentially built in 2025. He shared the proposal of a steel truss bridge that would allow much longer spans then spoke about how snow removal would occur if constructed. He outlined construction differences between ADA ramps and elevators and funding of $6 million and how elevator long term maintenance was eight times more expensive then commented on how elevators could be used as restrooms and sleeping areas. Mr. Millner outlined potential next steps but spoke about the need to discuss alignment and aesthetic options with MnDOT, impacts of Rosland Park, continued to update the website, and create renderings and reach out to 64th Street and Millers Lane. The Council asked questions and provided feedback. VIII.E. RESOLUTION NO. 2023-97; CONCORD B&C NEIGHBORHOOD ROADWAY RECONSTRUCTION, IMPROVEMENT NO. BA-465 – ADOPTED Mr. Millner shared on December 11, 2023, the City Council reviewed the engineering study and conducted a public hearing on the Concord B and C Neighborhood Roadway Reconstruction Project. The City provided individuals several ways to provide public input in the public hearing. Between November 22, 2023, when public hearing notices were mailed for noon Wednesday, Dec. 13, when the public hearing closed, nine comments were received on BetterTogetherEdina.org (BTE). As you might recall, six people provided in-person testimony and one person called in to the meeting to provide live testimony. Throughout the process, residents have been told it was not necessary to provide testimony in more than one way; all feedback was considered equally, regardless of the way in which it was submitted and said staff recommended adopting Resolution No. 2023-97: Concord B and C Neighborhood Roadway Reconstruction, Improvement No. BA- 465. Recall the estimated pending assessment was $13,400 per REU. He outlined testimony that included requests and said based on public hearing input, staff recommended the following changes: revise the West 64th Street and Concord Avenue 8-foot wide shared use path material from asphalt to concrete; move the West 64th Street shared use path from the north side to the south side; revise the West 64th Street shared use path maintenance from the residents to the City between Concord Avenue and Wooddale Avenue extended and Revise West 64th Street between Concord and St. Johns Avenue; revise West 64th Street between Millers Lane and Wooddale Avenue extended to parking on the south side only; revise Wooddale Avenue between Nancy and Garrison Lanes from an off-street pedestrian walk to an on-street pedestrian and vehicle facility. With integral concrete curb with signage describing the vehicles sharing the facility with pedestrians when two-way traffic occurs. Pedestrians and bicycles would have the right-of-way; and revise Wooddale Avenue between Garrison Lane and Valley View Road to parking on one side of the street. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-97, Ordering Improvement for Concord B and C neighborhood roadway reconstruction Improvement No. BA-465. Seconded by Member Agnew. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.F. RESOLUTION NO. 2023-98; SOUTHDALE B C NEIGHBORHOOD ROADWAY RECONSTRUCTION, IMPROVEMENT NO. BA-464 – ADOPTED Mr. Millner stated on December 11, 2023, the City Council reviewed the Engineering Study and conducted a public hearing on the Southdale B Neighborhood Roadway Reconstruction Project. The City provided individuals several ways to provide public input in the public hearing. Between November 22, 2023, when Minutes/Edina City Council/December 19, 2023 Page 5 public hearing notices were mailed and noon Wednesday, Dec. 13, when the public hearing closed, two comments were received on BTE. As you might recall, one person called in to the meeting to provide live testimony. Throughout the process, residents have been told it was not necessary to provide testimony in more than one way; all feedback was considered equally, regardless of the way in which it was submitted. The testimony included concern over the assessment amount, a request to move the Barrie Road parking from the east side to the west side, and concern for rising cost of property owners to maintain the sidewalk. He said based on public hearing input, staff recommended revising the Barrie Road parking lane from the east side to the west side and clarify that the traditional style street lighting would be replaced with new LED traditional style street lighting for consistency relative to the existing street lighting style. He said staff recommended adopting Resolution No. 2023-98: Southdale B Neighborhood Roadway Reconstruction, Improvement No. BA-464 then spoke about recalling the estimated pending assessment are $950.00 per multi-family residential unit (condominium or apartment) or $2.85 per square foot of gross floor area for commercial properties. Member Jackson introduced and moved adoption of Resolution No. 2023-98 Ordering Improvement for Southdale B Neighborhood Roadway Reconstruction Improvement No. Ba- 464. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.G. RESOLUTION NO. 2023-95; ADOPTING THE BUDGET FOR THE CITY OF EDINA FOR THE YEAR 2024, AND ESTABLISHING THE PROPOSED TAX LEVY PAYABLE IN 2024 – ADOPTED Mr. Neal shared on December 5, 2023, Council held the public meeting on the proposed 2024-2025 budget and tax levy. The Council chose to wait to adopt the 2024 tax levy and operating budget until the December 19, 2023 meeting, which was the last date the levy can be adopted. At the request of Council members at the December 5, 2023 meeting, the City Manager lead a discussion on options for reducing the City’s proposed 2024 levy and the consequences of those options and said staff recommended the $54,506,065 levy for 2024, which was $4,563,565 or 9.15% more than the 2023 levy. The Council asked questions and provided feedback. Member Jackson introduced and moved adoption of Resolution No. 2023-95 Adopting the Budget for the City of Edina for Year 2024, and Establishing the Proposed Tax Levy Payable In 2024. Seconded by Member Pierce. Rollcall: Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. VIII.H. SKETCH PLAN FOR 7300 METRO BOULEVARD – REVIEWED Mr. Teague shared DJR Architects and Hempel Properties, on behalf of the property owner, had submitted a sketch plan proposal to build a new 6,000 square foot dental office in the parking lot of 7300 Metro Boulevard. The existing site contained a 110,790 square foot office building that was served by a surface parking lot. He noted application require a site plan review and first floor height variance, not a lot of discretion, and the primary issue was location of parking lot in front but how the City required parking in the rear and variances for height. Benjamin Krsnak, Hempel Real Estate Properties, shared their background and past projects then spoke about proposed building types, proposed patient parking in front and employee parking in rear along with trash and electric enclosures, added sidewalks and solar panels, and the need for a variance request for 13- 15 feet height for energy efficicenty and less cavernous for clients. He spoke about densification of the unused parking lot, increased tax base, necessary specialty service and employment opportunities. Minutes/Edina City Council/December 19, 2023 Page 6 Dr. Todd Geisler, Edina Endodontics, shared how they have outgrown clinic and his desire to have nice and safe entrance into practice including those needing ADA and trying to respect City planning while keeping patients safe. Chris Whitehouse, DJR Architects, spoke about changing the building orientation on the east side which had to be 75% glass transparent and how the building laid out to have all glass to have it on the side. He mentioned having staff bring ID for the street side and how two entrances would not work for staffing. The Council asked questions and provided feedback. IX. COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) – Received IX.A. MINUTES; HUMAN RIGHTS AND RELATIONS COMMISSION, NOVEMBER 21, 2023 IX.B. MINUTES: PARKS AND RECRATION COMMISSION, NOVEMBER 13, 2023 X. MANAGER’S COMMENTS – Received X.A. PREP MEMO FOR DECEMBER 19, 2023 XI. MAYOR AND COUNCIL COMMENTS – Received XII. ADJOURNMENT Member Jackson made a motion, seconded by Member Risser, to adjourn the meeting at 10:21 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, January 2, 2024. James B. Hovland, Mayor Video Copy of the December 19, 2023, meeting available. Date: January 2, 2024 Agenda Item #: VI.B. To:Mayor and City Council Item Type: Claims From:Alisha McAndrews, Finance Director Item Activity: Subject:Approve Payment of Claims Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Claims for Payment: Check Register Claims Pre-List Dated 12.15.23 TOTAL $1,839,989.57 Check Register Claims Pre-List Dated 12.22.23 TOTAL $2,994,180.83 INTRODUCTION: Claims information for approval is attached. ATTACHMENTS: Description Check Register Claims Pre-List Dated 12.15.23 TOTAL $1,839,989.57 Check Register Claims Pre-List Dated 12.22.23 TOTAL $2,994,180.83 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 56 JOURNAL ENTRIES TO BE CREATED FUND SUB FUND DUE TO DUE FR 1000 General 181,073.382100 Police Special Revenue 12,667.002300 Pedestrian and Cyclist Safety 24,204.042500 Conservation & Sustainability 84,855.152600 Housing & Redvlpmt Authority 1,432.002600 Housing & Redvlpmt Authority 30,198.002600 Housing & Redvlpmt Authority 4,001.254000 Capital Projects 401,280.584400 PIR Capital Projects 157,658.005100 Art Center 2,589.185200 Braemar Golf Course 11,615.895200 Braemar Golf Course 12,894.895300 Aquatic Center 2,992.735400 Edinborough Park 9,343.405500 Braemar Arena 10,963.115600 Braemar Field 1,417.825700 Centennial Lakes 3,253.805800 Liquor 285,517.685900 Utility Fund 73,008.375900 Utility Fund 5,338.625900 Utility Fund 11,300.355900 Utility Fund 48,295.186000 Risk Management 373,603.116100 Equipment Operations 12,562.786200 Information Technology 690.496300 Facilities Management 35,045.347100 PS Training Facility 13,878.237200 MN Task Force 1 62,781.309999 Pooled Cash Fund 1,874,461.67 TOTAL 1,874,461.67 1,874,461.67 ** END OF REPORT - Generated by Mallory Schauer ** City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 1 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 156 12/04/2023 WIRE 100858 LOGIS 54384-1 10/23/2023 WIRE_001 30.00 CHECK 156 TOTAL: 30.00 158 12/15/2023 WIRE 100886 METROPOLITAN COUNCIL NOV 2023 SAC 12/07/2023 34,442.10 CHECK 158 TOTAL: 34,442.10 490770 12/15/2023 PRTD 129458 ACME ELECTRIC MOTOR INC 12007675 11/16/2023 20231215 346.00 ACME ELECTRIC MOTOR INC 12016243 11/17/2023 20231215 530.10 ACME ELECTRIC MOTOR INC 12036570 11/22/2023 20231215 287.30 ACME ELECTRIC MOTOR INC 11810338-1 09/29/2023 20231215 35.00 CHECK 490770 TOTAL: 1,198.40 490771 12/15/2023 PRTD 105162 THE ADT SECURITY CORPORATION 5813499-11/23 11/13/2023 20231215 141.74 CHECK 490771 TOTAL: 141.74 490772 12/15/2023 PRTD 140318 ADVANCED ELEMENTS INC 90843 11/07/2023 20231215 5,694.90 ADVANCED ELEMENTS INC 1675 11/20/2023 20231215 125.00 CHECK 490772 TOTAL: 5,819.90 490773 12/15/2023 PRTD 100575 AMERICAN CYLINDER LLC 211076 11/17/2023 20231215 136.59 CHECK 490773 TOTAL: 136.59 490774 12/15/2023 PRTD 138492 ALL STATE COMMUNICATIONS INC 339646 11/22/2023 20231215 425.00 CHECK 490774 TOTAL: 425.00 490775 12/15/2023 PRTD 160095 AM CRAFT SPIRITS SALES & MARKETIN 17921 11/29/2023 20231215 67.12 CHECK 490775 TOTAL: 67.12 490776 12/15/2023 PRTD 141960 AMAZON CAPITAL SERVICES 1PYX-HFWD-37QK 11/06/2023 20231215 174.94 AMAZON CAPITAL SERVICES 1F4F-41JC-KMDN 11/12/2023 20231215 119.53 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 2 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET AMAZON CAPITAL SERVICES 13MX-1HGM-71KQ 11/15/2023 20231215 113.87 AMAZON CAPITAL SERVICES 17LC-GT3C-9GHY 11/15/2023 20231215 329.38 AMAZON CAPITAL SERVICES 19D9-V9K1-9XQC 11/15/2023 20231215 242.99 AMAZON CAPITAL SERVICES 1CXX-QN34-117G 11/15/2023 20231215 177.08 AMAZON CAPITAL SERVICES 1JVF-XGG3-1VYP 11/15/2023 20231215 26.12 AMAZON CAPITAL SERVICES 1QHT-4HD7-1HQJ 11/15/2023 20231215 20.47 AMAZON CAPITAL SERVICES 1GF4-TRJP-6FJH 11/15/2023 20231215 109.01 AMAZON CAPITAL SERVICES 16JW-6CTW-3NRV 11/15/2023 20231215 197.99 AMAZON CAPITAL SERVICES 11TF-RNRH-7QPK 11/16/2023 20231215 94.98 AMAZON CAPITAL SERVICES 17J4-CDN3-3JL3 11/16/2023 20231215 37.98 AMAZON CAPITAL SERVICES 1YF9-N9XC-16P3 11/16/2023 20231215 133.68 AMAZON CAPITAL SERVICES 11DM-LDNP-3CRM 11/16/2023 20231215 44.36 AMAZON CAPITAL SERVICES 1K7K-MW3Y-69HC 11/17/2023 20231215 154.63 AMAZON CAPITAL SERVICES 1QQ7-PGNK-6DP9 11/17/2023 20231215 41.46 AMAZON CAPITAL SERVICES 1QQ7-PGNK-6G94 11/17/2023 20231215 62.79 AMAZON CAPITAL SERVICES 14VH-77QM-FRT9 11/18/2023 20231215 152.62 AMAZON CAPITAL SERVICES 1YTJ-WWJX-NH9F 11/19/2023 20231215 252.50 AMAZON CAPITAL SERVICES 1PCP-7L46-QW9C 11/19/2023 20231215 30.57 AMAZON CAPITAL SERVICES 1JLY-VPY7-YXTJ 11/20/2023 20231215 189.99 AMAZON CAPITAL SERVICES 1T4J-LKRL-3KFN 11/20/2023 20231215 25.31 AMAZON CAPITAL SERVICES 17P1-XFL3-3T6Y 11/20/2023 20231215 70.36 AMAZON CAPITAL SERVICES 1R1D-GCDL-4V1V 11/20/2023 20231215 19.89 AMAZON CAPITAL SERVICES 1YM1-YMHP-4VF6 11/20/2023 20231215 10.39 AMAZON CAPITAL SERVICES 1QRG-L9Y6-73R3 11/20/2023 20231215 21.45 AMAZON CAPITAL SERVICES 1KRK-F44J-6NYC 11/20/2023 20231215 60.78 AMAZON CAPITAL SERVICES 1WMH-6PTJ-7J3N 11/21/2023 20231215 63.96 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 3 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET AMAZON CAPITAL SERVICES 1VGD-KPMV-7WTL 11/21/2023 20231215 68.50 AMAZON CAPITAL SERVICES 17WQ-4GCD-CDQR 11/21/2023 20231215 47.94 AMAZON CAPITAL SERVICES 1PV6-KYWY-CQ3J 11/21/2023 20231215 97.61 AMAZON CAPITAL SERVICES 1H73-DQQ1-CYRJ 11/21/2023 20231215 -12.79 AMAZON CAPITAL SERVICES 17QC-JL6V-DKYL 11/21/2023 20231215 151.62 AMAZON CAPITAL SERVICES 1WWW-7MCQ-GKFH 11/21/2023 20231215 8.49 AMAZON CAPITAL SERVICES 17VY-RLFX-FP6X 11/21/2023 20231215 12.79 AMAZON CAPITAL SERVICES 17WQ-4GCD-H7J4 11/21/2023 20231215 20.61 AMAZON CAPITAL SERVICES 1KRK-F44J-FTJQ 11/21/2023 20231215 231.52 AMAZON CAPITAL SERVICES 14W9-MK6L-GDDT 11/21/2023 20231215 6.39 AMAZON CAPITAL SERVICES 16QW-YNMF-H1XQ 11/21/2023 20231215 7.07 AMAZON CAPITAL SERVICES 1MFW-W66C-HQRG 11/21/2023 20231215 12.74 AMAZON CAPITAL SERVICES 17VY-RLFX-HNCL 11/21/2023 20231215 84.71 AMAZON CAPITAL SERVICES 1VLG-6XK7-J61C 11/21/2023 20231215 60.03 AMAZON CAPITAL SERVICES 14RH-VW7D-HF4H 11/21/2023 20231215 6.85 AMAZON CAPITAL SERVICES 1N6D-Y9LY-NHRF 11/22/2023 20231215 224.58 AMAZON CAPITAL SERVICES 1R1D-GCDL-PHNR 11/22/2023 20231215 175.72 AMAZON CAPITAL SERVICES 1KFH-VVLP-HQ1L 11/28/2023 20231215 -109.01 AMAZON CAPITAL SERVICES 11H4-V99N-6LDR 11/14/2023 20231215 -11.98 CHECK 490776 TOTAL: 4,062.47 490777 12/15/2023 PRTD 160555 ANDERSON, MARC Nov 30, 2023 12/04/2023 20231215 165.00 ANDERSON, MARC July 13, 2023 12/04/2023 20231215 120.00 CHECK 490777 TOTAL: 285.00 490778 12/15/2023 PRTD 160886 TRADE NEWS INTERNATIONAL 2023-46078 11/01/2023 20231215 165.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 4 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490778 TOTAL: 165.00 490779 12/15/2023 PRTD 143763 VALLEY APPLE FORD INC A1CB361884 11/16/2023 20231215 2,194.27 CHECK 490779 TOTAL: 2,194.27 490780 12/15/2023 PRTD 151441 ARAMARK UNIFORM AND CAREER APPEAL 250034481 10/31/2023 20231215 253.91 ARAMARK UNIFORM AND CAREER APPEAL 2500344495 10/31/2023 20231215 147.36 ARAMARK UNIFORM AND CAREER APPEAL 2500352622 11/14/2023 20231215 253.91 ARAMARK UNIFORM AND CAREER APPEAL 2500352636 11/14/2023 20231215 147.36 ARAMARK UNIFORM AND CAREER APPEAL 2500357355 11/22/2023 20231215 15.00 ARAMARK UNIFORM AND CAREER APPEAL 2500344481 10/31/2023 20231215 253.91 CHECK 490780 TOTAL: 1,071.45 490781 12/15/2023 PRTD 137556 ARCHITECTURE FIELD OFFICE LLC 202311 11/16/2023 20231215 3,928.75 CHECK 490781 TOTAL: 3,928.75 490782 12/15/2023 PRTD 160920 ARCHIVESOCIAL LLC 284369 11/27/2023 20231215 399.00 CHECK 490782 TOTAL: 399.00 490783 12/15/2023 PRTD 106304 ASPEN MILLS INC 323360 11/17/2023 20231215 124.99 ASPEN MILLS INC 323310 11/16/2023 20231215 533.90 CHECK 490783 TOTAL: 658.89 490784 12/15/2023 PRTD 102774 ASPEN WASTE SYSTEMS OF MINNESOTA S1 146354-120123 12/01/2023 20231215 351.98 CHECK 490784 TOTAL: 351.98 490785 12/15/2023 PRTD 100920 GENUINE PARTS COMPANY 2122-014600 11/16/2023 20231215 93.40 GENUINE PARTS COMPANY 2122-014687 11/17/2023 20231215 53.98 GENUINE PARTS COMPANY 3599-230333 11/16/2023 20231215 217.49 GENUINE PARTS COMPANY 3599-230712 11/20/2023 20231215 56.22 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 5 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET GENUINE PARTS COMPANY 2122-016004 11/21/2023 20231215 80.93 CHECK 490785 TOTAL: 502.02 490786 12/15/2023 PRTD 100643 BARR ENGINEERING CO 23271869.02 - 14 11/17/2023 20231215 1,557.00 BARR ENGINEERING CO 23271869.03-9 11/21/2023 20231215 2,283.50 CHECK 490786 TOTAL: 3,840.50 490787 12/15/2023 PRTD 151171 7TH STREET BEER COMPANY 3550 11/29/2023 20231215 314.00 7TH STREET BEER COMPANY 3551 11/28/2023 20231215 155.00 7TH STREET BEER COMPANY 3529 11/29/2023 20231215 384.00 CHECK 490787 TOTAL: 853.00 490788 12/15/2023 PRTD 138059 BCD CONSULTING GROUP 092823 09/28/2023 20231215 2,530.00 CHECK 490788 TOTAL: 2,530.00 490789 12/15/2023 PRTD 101355 BELLBOY CORPORATION 0201656800 11/22/2023 20231215 557.95 BELLBOY CORPORATION 0201656700 11/22/2023 20231215 181.30 BELLBOY CORPORATION 0201757200 11/30/2023 20231215 2,602.05 BELLBOY CORPORATION 0201757100 11/30/2023 20231215 409.36 BELLBOY CORPORATION 0107687400 11/30/2023 20231215 388.22 BELLBOY CORPORATION 0107687100 11/30/2023 20231215 27.12 BELLBOY CORPORATION 0201756400 11/30/2023 20231215 1,149.65 BELLBOY CORPORATION 0201756600 11/30/2023 20231215 29.65 BELLBOY CORPORATION 0107687600 11/30/2023 20231215 201.27 BELLBOY CORPORATION 2425809-1 11/16/2023 20231215 -2,866.66 BELLBOY CORPORATION 0201756700 11/30/2023 20231215 2,155.20 CHECK 490789 TOTAL: 4,835.11 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 6 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490790 12/15/2023 PRTD 131191 BERNATELLO'S PIZZA INC 5208266 11/27/2023 20231215 522.00 BERNATELLO'S PIZZA INC 5208541 11/27/2023 20231215 1,131.00 CHECK 490790 TOTAL: 1,653.00 490791 12/15/2023 PRTD 126847 BERRY COFFEE COMPANY 981185 11/16/2023 20231215 534.50 CHECK 490791 TOTAL: 534.50 490792 12/15/2023 PRTD 142153 BLACK STACK BREWING INC 25184 11/29/2023 20231215 200.00 BLACK STACK BREWING INC 25183 11/29/2023 20231215 564.00 BLACK STACK BREWING INC 25185 11/29/2023 20231215 59.00 BLACK STACK BREWING INC 25186 11/29/2023 20231215 100.00 BLACK STACK BREWING INC 25237 12/01/2023 20231215 304.00 CHECK 490792 TOTAL: 1,227.00 490793 12/15/2023 PRTD 151149 BOARMAN KROOS VOGEL GROUP INC 62928 11/10/2023 20231215 35,059.47 CHECK 490793 TOTAL: 35,059.47 490794 12/15/2023 PRTD 160887 BOBBY & STEVES AUTO WORLD WEST BL 505552 11/21/2023 20231215 1,549.30 CHECK 490794 TOTAL: 1,549.30 490795 12/15/2023 PRTD 132444 BOLTON & MENK INC 0324851 11/20/2023 20231215 2,298.50 CHECK 490795 TOTAL: 2,298.50 490796 12/15/2023 PRTD 101010 BORDER STATES INDUSTRIES INC 927411034 11/20/2023 20231215 214.40 CHECK 490796 TOTAL: 214.40 490797 12/15/2023 PRTD 105367 BOUND TREE MEDICAL LLC 85161206 11/20/2023 20231215 2,428.99 BOUND TREE MEDICAL LLC 85162832 11/21/2023 20231215 391.98 BOUND TREE MEDICAL LLC 85162834 11/21/2023 20231215 492.36 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 7 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET BOUND TREE MEDICAL LLC 85162833 11/21/2023 20231215 297.98 CHECK 490797 TOTAL: 3,611.31 490798 12/15/2023 PRTD 119351 BOURGET IMPORTS 202063 11/28/2023 20231215 488.00 BOURGET IMPORTS 202062 11/28/2023 20231215 276.00 BOURGET IMPORTS 202061 11/28/2023 20231215 1,202.00 CHECK 490798 TOTAL: 1,966.00 490799 12/15/2023 PRTD 117040 BOYER FORD TRUCKS INC 098P3492 11/13/2023 20231215 29.59 BOYER FORD TRUCKS INC 098P3537 11/13/2023 20231215 -174.37 BOYER FORD TRUCKS INC 098P4081 11/29/2023 20231215 325.72 CHECK 490799 TOTAL: 180.94 490800 12/15/2023 PRTD 100664 BRAUN INTERTEC CORPORATION B366282 11/16/2023 20231215 900.50 CHECK 490800 TOTAL: 900.50 490801 12/15/2023 PRTD 124291 BREAKTHRU BEVERAGE MINNESOTA WINE 113058903 11/15/2023 20231215 12,623.23 BREAKTHRU BEVERAGE MINNESOTA WINE 113064542 11/15/2023 20231215 7,074.32 BREAKTHRU BEVERAGE MINNESOTA WINE 113166912 11/21/2023 20231215 4,478.75 BREAKTHRU BEVERAGE MINNESOTA WINE 113168358 11/21/2023 20231215 3,796.70 BREAKTHRU BEVERAGE MINNESOTA WINE 113256858 11/29/2023 20231215 3,025.60 BREAKTHRU BEVERAGE MINNESOTA WINE 113256859 11/29/2023 20231215 2,204.65 BREAKTHRU BEVERAGE MINNESOTA WINE 113256860 11/29/2023 20231215 211.45 BREAKTHRU BEVERAGE MINNESOTA WINE 113256857 11/29/2023 20231215 125.75 BREAKTHRU BEVERAGE MINNESOTA WINE 113256862 11/29/2023 20231215 361.95 BREAKTHRU BEVERAGE MINNESOTA WINE 113256863 11/29/2023 20231215 579.45 BREAKTHRU BEVERAGE MINNESOTA WINE 113256861 11/29/2023 20231215 121.15 BREAKTHRU BEVERAGE MINNESOTA WINE 113256736 11/29/2023 20231215 152.60 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 8 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET BREAKTHRU BEVERAGE MINNESOTA WINE 113256737 11/29/2023 20231215 846.90 BREAKTHRU BEVERAGE MINNESOTA WINE 113256738 11/29/2023 20231215 1,933.66 CHECK 490801 TOTAL: 37,536.16 490802 12/15/2023 PRTD 124529 BREAKTHRU BEVERAGE MINNESOTA BEER 112813642 10/31/2023 20231215 10,184.55 BREAKTHRU BEVERAGE MINNESOTA BEER 112813644 10/31/2023 20231215 6,099.70 BREAKTHRU BEVERAGE MINNESOTA BEER 112925129 11/07/2023 20231215 5,375.50 BREAKTHRU BEVERAGE MINNESOTA BEER 113035121 11/14/2023 20231215 7,940.05 BREAKTHRU BEVERAGE MINNESOTA BEER 363381600/363381602 11/15/2023 20231215 334.80 BREAKTHRU BEVERAGE MINNESOTA BEER 113141509 11/20/2023 20231215 127.70 BREAKTHRU BEVERAGE MINNESOTA BEER 113135927 11/20/2023 20231215 1,237.00 BREAKTHRU BEVERAGE MINNESOTA BEER 113229612 11/28/2023 20231215 7,653.65 BREAKTHRU BEVERAGE MINNESOTA BEER 113233149 11/28/2023 20231215 30.80 BREAKTHRU BEVERAGE MINNESOTA BEER 113233148 11/28/2023 20231215 784.20 BREAKTHRU BEVERAGE MINNESOTA BEER 113233150 11/28/2023 20231215 168.45 BREAKTHRU BEVERAGE MINNESOTA BEER 113229613 11/28/2023 20231215 3,695.80 BREAKTHRU BEVERAGE MINNESOTA BEER 113233140 11/28/2023 20231215 30.80 BREAKTHRU BEVERAGE MINNESOTA BEER 113233139 11/28/2023 20231215 197.00 CHECK 490802 TOTAL: 43,860.00 490803 12/15/2023 PRTD 100648 BERTELSON BROTHERS INC WO-1271459-1 11/22/2023 20231215 144.19 CHECK 490803 TOTAL: 144.19 490804 12/15/2023 PRTD 119455 CAPITOL BEVERAGE SALES LP 2915084 11/17/2023 20231215 80.00 CAPITOL BEVERAGE SALES LP 2915085 11/17/2023 20231215 259.05 CAPITOL BEVERAGE SALES LP 2919511 12/01/2023 20231215 61.50 CAPITOL BEVERAGE SALES LP 2919512 12/01/2023 20231215 438.35 CAPITOL BEVERAGE SALES LP 2919510 12/01/2023 20231215 80.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 9 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CAPITOL BEVERAGE SALES LP 2918388 11/29/2023 20231215 240.00 CAPITOL BEVERAGE SALES LP 2918389 11/29/2023 20231215 202.50 CAPITOL BEVERAGE SALES LP 2918390 11/29/2023 20231215 1,014.00 CAPITOL BEVERAGE SALES LP 2918391 11/29/2023 20231215 2,688.40 CAPITOL BEVERAGE SALES LP 2914604 11/17/2023 20231215 80.00 CAPITOL BEVERAGE SALES LP 2914605 11/17/2023 20231215 1,144.35 CHECK 490804 TOTAL: 6,288.15 490805 12/15/2023 PRTD 160520 CAREFREE AQUARIUM SERVICES LLC 27793DUP 10/24/2023 20231215 -157.00 CAREFREE AQUARIUM SERVICES LLC 27889 10/25/2023 20231215 157.00 CAREFREE AQUARIUM SERVICES LLC 27945 11/24/2023 20231215 157.00 CHECK 490805 TOTAL: 157.00 490806 12/15/2023 PRTD 160921 CARROLL, JOHN MN-TF1-Carroll 11/30/2023 20231215 1,727.80 CHECK 490806 TOTAL: 1,727.80 490807 12/15/2023 PRTD 101515 CEMSTONE PRODUCTS COMPANY 7332320 11/21/2023 20231215 843.50 CHECK 490807 TOTAL: 843.50 490808 12/15/2023 PRTD 103300 CENTER FOR ENERGY AND ENVIRONMENT 23442 11/15/2023 20231215 46.00 CHECK 490808 TOTAL: 46.00 490809 12/15/2023 PRTD 105497 CENTRAL ROOFING COMPANY 34526 10/31/2023 20231215 750.00 CENTRAL ROOFING COMPANY 34789 11/20/2023 20231215 725.00 CHECK 490809 TOTAL: 1,475.00 490810 12/15/2023 PRTD 142533 CADD ENGR SUPPLY INC INV157188 11/16/2023 20231215 279.00 CHECK 490810 TOTAL: 279.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 10 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490811 12/15/2023 PRTD 142028 CINTAS CORPORATION 4175123429 11/27/2023 20231215 78.65 CHECK 490811 TOTAL: 78.65 490812 12/15/2023 PRTD 142028 CINTAS CORPORATION 4175123472 11/27/2023 20231215 66.16 CINTAS CORPORATION 1474576164 11/27/2023 20231215 66.16 CHECK 490812 TOTAL: 132.32 490813 12/15/2023 PRTD 103216 MINNEAPOLIS FIRE DEPARTMENT MFD-11/23-1 11/01/2023 20231215 24,891.71 CHECK 490813 TOTAL: 24,891.71 490814 12/15/2023 PRTD 103216 MINNEAPOLIS FIRE DEPARTMENT MFD-10/23-1 10/20/2023 20231215 5,402.30 CHECK 490814 TOTAL: 5,402.30 490815 12/15/2023 PRTD 103216 MINNEAPOLIS FINANCE DEPARTMENT 431-0005.300-11/23 12/06/2023 20231215 10,920.00 CHECK 490815 TOTAL: 10,920.00 490816 12/15/2023 PRTD 100087 CITY OF SAINT PAUL IN56090 10/23/2023 20231215 21,223.66 CHECK 490816 TOTAL: 21,223.66 490817 12/15/2023 PRTD 146213 CITY OF ST LOUIS PARK SLPFC-11/23 11/27/2023 20231215 1,552.00 CHECK 490817 TOTAL: 1,552.00 490818 12/15/2023 PRTD 146472 CITY WIDE MAINTENANCE OF MN 32009021102 11/20/2023 20231215 4,241.59 CITY WIDE MAINTENANCE OF MN 32009021219 11/20/2023 20231215 1,537.99 CITY WIDE MAINTENANCE OF MN 32009021142 11/20/2023 20231215 4,233.60 CHECK 490818 TOTAL: 10,013.18 490819 12/15/2023 PRTD 130477 MCDONALD DISTRIBUTING COMPANY 719936 11/21/2023 20231215 252.25 MCDONALD DISTRIBUTING COMPANY 720854 11/28/2023 20231215 1,317.50 MCDONALD DISTRIBUTING COMPANY 720850 11/28/2023 20231215 225.85 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 11 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET MCDONALD DISTRIBUTING COMPANY 720995 11/30/2023 20231215 36.00 MCDONALD DISTRIBUTING COMPANY 720994 11/30/2023 20231215 146.50 MCDONALD DISTRIBUTING COMPANY 720930 11/28/2023 20231215 682.40 CHECK 490819 TOTAL: 2,660.50 490820 12/15/2023 PRTD 102165 ROGER CLEVELAND GOLF CO. INC 6879930 S7 04/08/2022 20231215 196.95 ROGER CLEVELAND GOLF CO. INC 6910478 S7 04/22/2022 20231215 262.60 ROGER CLEVELAND GOLF CO. INC 7357378 S7 03/09/2023 20231215 725.00 ROGER CLEVELAND GOLF CO. INC 7655965 NN 09/26/2023 20231215 -1,030.00 ROGER CLEVELAND GOLF CO. INC 7700945 SO 11/16/2023 20231215 67.00 CHECK 490820 TOTAL: 221.55 490821 12/15/2023 PRTD 120433 COMCAST 0373022-11/23 11/17/2023 20231215 34.98 CHECK 490821 TOTAL: 34.98 490822 12/15/2023 PRTD 120433 COMCAST 0740105-11/23 11/18/2023 20231215 87.30 CHECK 490822 TOTAL: 87.30 490823 12/15/2023 PRTD 120433 COMCAST 0023973-12/23 12/03/2023 20231215 9.28 CHECK 490823 TOTAL: 9.28 490824 12/15/2023 PRTD 120032 CORPORATE MECHANICAL INC W69735 10/06/2023 20231215 11,963.64 CHECK 490824 TOTAL: 11,963.64 490825 12/15/2023 PRTD 101403 CRYSTEEL MANUFACTURING INC LC00086209 11/15/2023 20231215 366.06 CHECK 490825 TOTAL: 366.06 490826 12/15/2023 PRTD 100699 CULLIGAN SOFTWATER SERVICE COMPAN 114X94492507 11/30/2023 20231215 24.62 CULLIGAN SOFTWATER SERVICE COMPAN 114X94551807 11/30/2023 20231215 764.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 12 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490826 TOTAL: 788.62 490827 12/15/2023 PRTD 102514 CUTTER & BUCK INC 0097259935 11/20/2023 20231215 131.47 CUTTER & BUCK INC 0097259934 11/20/2023 20231215 658.88 CHECK 490827 TOTAL: 790.35 490828 12/15/2023 PRTD 160780 DANGEROUS MAN BREWING CO LLC IN-1884 11/21/2023 20231215 140.00 DANGEROUS MAN BREWING CO LLC IN-1883 11/21/2023 20231215 146.00 DANGEROUS MAN BREWING CO LLC IN-1967 11/29/2023 20231215 140.00 DANGEROUS MAN BREWING CO LLC IN-1968 11/29/2023 20231215 288.00 DANGEROUS MAN BREWING CO LLC IN-1975 11/30/2023 20231215 294.00 DANGEROUS MAN BREWING CO LLC IN-1831 11/17/2023 20231215 220.00 DANGEROUS MAN BREWING CO LLC IN-1830 11/17/2023 20231215 70.00 CHECK 490828 TOTAL: 1,298.00 490829 12/15/2023 PRTD 118190 DAVIS EQUIPMENT CORPORATION EI18572 11/17/2023 20231215 418.91 CHECK 490829 TOTAL: 418.91 490830 12/15/2023 PRTD 100730 DORSEY & WHITNEY LLP 3923557 11/06/2023 20231215 1,432.00 CHECK 490830 TOTAL: 1,432.00 490831 12/15/2023 PRTD 129079 DRAIN KING INC 120484 11/20/2023 20231215 550.00 CHECK 490831 TOTAL: 550.00 490832 12/15/2023 PRTD 160915 DYSART, AARON 306 11/26/2023 20231215 500.00 CHECK 490832 TOTAL: 500.00 490833 12/15/2023 PRTD 132810 ECM PUBLISHERS INC 970456 10/26/2023 20231215 29.75 ECM PUBLISHERS INC 970455 10/26/2023 20231215 85.05 ECM PUBLISHERS INC 970454 10/26/2023 20231215 189.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 13 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ECM PUBLISHERS INC 970453 10/26/2023 20231215 255.15 ECM PUBLISHERS INC 974380 11/23/2023 20231215 136.85 ECM PUBLISHERS INC 960890 08/17/2023 20231215 311.85 ECM PUBLISHERS INC 960891 08/17/2023 20231215 95.20 ECM PUBLISHERS INC 956300-DUP 07/29/2023 20231215 -928.20 CHECK 490833 TOTAL: 174.65 490834 12/15/2023 PRTD 105906 EGAN COMPANY JC359443N010 11/17/2023 20231215 385.00 CHECK 490834 TOTAL: 385.00 490835 12/15/2023 PRTD 160885 ELECTRO MECHANICAL CONTRACTING IN 14047 11/22/2023 20231215 32,994.00 CHECK 490835 TOTAL: 32,994.00 490836 12/15/2023 PRTD 101956 EMERGENCY APPARATUS MAINTENANCE I 129997 11/06/2023 20231215 265.00 EMERGENCY APPARATUS MAINTENANCE I 129999 11/06/2023 20231215 265.00 EMERGENCY APPARATUS MAINTENANCE I 130000 11/06/2023 20231215 325.00 EMERGENCY APPARATUS MAINTENANCE I 129998 11/06/2023 20231215 265.00 CHECK 490836 TOTAL: 1,120.00 490837 12/15/2023 PRTD 104733 EMERGENCY MEDICAL PRODUCTS INC 2598620 11/21/2023 20231215 519.17 CHECK 490837 TOTAL: 519.17 490838 12/15/2023 PRTD 160613 FIDELITY SECURITY LIFE INSURANCE 165997804 11/01/2023 20231215 16.70 FIDELITY SECURITY LIFE INSURANCE 166040157 12/01/2023 20231215 16.70 CHECK 490838 TOTAL: 33.40 490839 12/15/2023 PRTD 100146 ELLIOTT AUTO SUPPLY CO, INC 1-9193519 11/15/2023 20231215 86.48 ELLIOTT AUTO SUPPLY CO, INC 231-004137 11/15/2023 20231215 23.55 ELLIOTT AUTO SUPPLY CO, INC 1-9194338 11/15/2023 20231215 147.84 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 14 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ELLIOTT AUTO SUPPLY CO, INC 7-4102039 11/15/2023 20231215 92.23 ELLIOTT AUTO SUPPLY CO, INC 1-9194340 11/15/2023 20231215 219.12 ELLIOTT AUTO SUPPLY CO, INC 69-508218 11/16/2023 20231215 127.82 ELLIOTT AUTO SUPPLY CO, INC 229-003947 11/16/2023 20231215 10.73 ELLIOTT AUTO SUPPLY CO, INC 69-508321 11/16/2023 20231215 312.96 ELLIOTT AUTO SUPPLY CO, INC 69-508691 11/21/2023 20231215 3.52 ELLIOTT AUTO SUPPLY CO, INC 1-8886600 08/03/2023 20231215 208.00 CHECK 490839 TOTAL: 1,232.25 490840 12/15/2023 PRTD 147181 FALLING BREWERY - BERGMAN LEDGE L E-12449 11/30/2023 20231215 371.00 FALLING BREWERY - BERGMAN LEDGE L E-12447 11/30/2023 20231215 304.00 CHECK 490840 TOTAL: 675.00 490841 12/15/2023 PRTD 141837 DAIOHS USA INC 011840 11/22/2023 20231215 469.34 DAIOHS USA INC 011795 11/21/2023 20231215 628.65 DAIOHS USA INC 008701 09/26/2023 20231215 538.50 CHECK 490841 TOTAL: 1,636.49 490842 12/15/2023 PRTD 141099 FIRST STUDENT INC 354139 06/29/2023 20231215 240.00 FIRST STUDENT INC 354142 06/29/2023 20231215 240.00 FIRST STUDENT INC 354146 06/29/2023 20231215 240.00 FIRST STUDENT INC 354153 06/29/2023 20231215 240.00 FIRST STUDENT INC 354158 06/29/2023 20231215 240.00 FIRST STUDENT INC 354161 06/29/2023 20231215 240.00 FIRST STUDENT INC 354204 06/29/2023 20231215 260.00 FIRST STUDENT INC 356284 07/20/2023 20231215 240.00 FIRST STUDENT INC 356304 07/20/2023 20231215 240.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 15 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET FIRST STUDENT INC 356316 07/20/2023 20231215 240.00 FIRST STUDENT INC 356320 07/20/2023 20231215 240.00 FIRST STUDENT INC 356321 07/20/2023 20231215 240.00 FIRST STUDENT INC 356455 07/20/2023 20231215 253.60 FIRST STUDENT INC 357629 07/28/2023 20231215 240.00 FIRST STUDENT INC 357640 07/28/2023 20231215 240.00 FIRST STUDENT INC 357600 07/28/2023 20231215 240.00 FIRST STUDENT INC 357609 07/28/2023 20231215 240.00 FIRST STUDENT INC 357614 07/28/2023 20231215 240.00 FIRST STUDENT INC 357616 07/28/2023 20231215 240.00 FIRST STUDENT INC 357586 07/28/2023 20231215 240.00 FIRST STUDENT INC 357587 07/28/2023 20231215 240.00 FIRST STUDENT INC 357579 07/28/2023 20231215 240.00 FIRST STUDENT INC 357581 07/28/2023 20231215 240.00 FIRST STUDENT INC 357583 07/28/2023 20231215 240.00 FIRST STUDENT INC 358573 08/05/2023 20231215 240.00 FIRST STUDENT INC 358577 08/05/2023 20231215 240.00 CHECK 490842 TOTAL: 6,273.60 490843 12/15/2023 PRTD 141099 FIRST STUDENT INC 356453 07/20/2023 20231215 240.00 FIRST STUDENT INC 357577 07/28/2023 20231215 240.00 CHECK 490843 TOTAL: 480.00 490844 12/15/2023 PRTD 142145 FISCHER BROS LLC 1955-860 10/12/2023 20231215 2,972.50 CHECK 490844 TOTAL: 2,972.50 490845 12/15/2023 PRTD 132866 SAWTOOTH HOLDINGS F22487 11/22/2023 20231215 48.64 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 16 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490845 TOTAL: 48.64 490846 12/15/2023 PRTD 101603 FLAHERTY'S HAPPY TYME CO 40757 01/30/2023 20231215 -19.50 FLAHERTY'S HAPPY TYME CO 39251 11/20/2023 20231215 156.00 FLAHERTY'S HAPPY TYME CO 39252 11/21/2023 20231215 214.50 FLAHERTY'S HAPPY TYME CO 39254 11/20/2023 20231215 156.00 CHECK 490846 TOTAL: 507.00 490847 12/15/2023 PRTD 104270 FLARE HEATING & AIR CONDITIONING 0055326-IN 11/16/2023 20231215 7,990.00 FLARE HEATING & AIR CONDITIONING 0055327-IN 11/16/2023 20231215 7,990.00 FLARE HEATING & AIR CONDITIONING 0055328-IN 11/16/2023 20231215 9,430.00 CHECK 490847 TOTAL: 25,410.00 490848 12/15/2023 PRTD 130699 FLEETPRIDE INC 112792874 11/21/2023 20231215 485.60 CHECK 490848 TOTAL: 485.60 490849 12/15/2023 PRTD 102727 FORCE AMERICA DISTRIBUTING LLC IN001-1778896 11/16/2023 20231215 797.81 FORCE AMERICA DISTRIBUTING LLC IN001-1779157 11/17/2023 20231215 213.70 CHECK 490849 TOTAL: 1,011.51 490850 12/15/2023 PRTD 122414 FORKLIFTS OF MINNESOTA INC 01S0180790 11/21/2023 20231215 250.47 FORKLIFTS OF MINNESOTA INC 01S0118630 11/21/2023 20231215 196.65 CHECK 490850 TOTAL: 447.12 490851 12/15/2023 PRTD 137554 FRED HOLASEK & SON INC 00024901 11/14/2023 20231215 1,499.50 CHECK 490851 TOTAL: 1,499.50 490852 12/15/2023 PRTD 160924 ELLINGSON, MATTHEW 9711 09/26/2023 20231215 397.04 CHECK 490852 TOTAL: 397.04 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 17 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490853 12/15/2023 PRTD 102456 GALLS PARENT HOLDINGS LLC 026272921 11/15/2023 20231215 2,411.00 GALLS PARENT HOLDINGS LLC 026275338 11/15/2023 20231215 1,301.94 GALLS PARENT HOLDINGS LLC 026276227 11/15/2023 20231215 -2,411.00 GALLS PARENT HOLDINGS LLC 026315209 11/20/2023 20231215 435.15 GALLS PARENT HOLDINGS LLC 026315272 11/20/2023 20231215 69.92 GALLS PARENT HOLDINGS LLC 026341502 11/22/2023 20231215 1,002.66 GALLS PARENT HOLDINGS LLC 026350786 11/24/2023 20231215 197.69 CHECK 490853 TOTAL: 3,007.36 490854 12/15/2023 PRTD 144982 GERTENS GREENHOUSES AND GARDEN CE 103707/30 11/17/2023 20231215 393.47 CHECK 490854 TOTAL: 393.47 490855 12/15/2023 PRTD 120079 GOODPOINTE TECHNOLOGY INC 4458 11/21/2023 20231215 1,995.00 CHECK 490855 TOTAL: 1,995.00 490856 12/15/2023 PRTD 101103 WW GRAINGER 9905444106 11/15/2023 20231215 83.44 WW GRAINGER 9908736375 11/17/2023 20231215 328.95 CHECK 490856 TOTAL: 412.39 490857 12/15/2023 PRTD 129108 HAAG COMPANIES INC 2-313057 11/16/2023 20231215 68.00 HAAG COMPANIES INC 2-313115 11/17/2023 20231215 68.00 HAAG COMPANIES INC 2-313226 11/20/2023 20231215 102.00 HAAG COMPANIES INC 2-312502 11/03/2023 20231215 68.00 CHECK 490857 TOTAL: 306.00 490858 12/15/2023 PRTD 151168 HAMMER SPORTS LLC 3889 11/19/2023 20231215 372.00 CHECK 490858 TOTAL: 372.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 18 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490859 12/15/2023 PRTD 100797 HAWKINS INC 6629409 11/16/2023 20231215 2,871.20 CHECK 490859 TOTAL: 2,871.20 490860 12/15/2023 PRTD 143563 HEADFLYER BREWING E-5322 11/21/2023 20231215 55.00 HEADFLYER BREWING E-5355 11/17/2023 20231215 118.00 CHECK 490860 TOTAL: 173.00 490861 12/15/2023 PRTD 103085 HENNEPIN COUNTY ELECTIONS 2023-10 11/27/2023 20231215 8,731.25 CHECK 490861 TOTAL: 8,731.25 490862 12/15/2023 PRTD 103085 HENNEPIN COUNTY TREASURER Maint24 11/17/2023 20231215 4,611.85 CHECK 490862 TOTAL: 4,611.85 490863 12/15/2023 PRTD 143585 HENNEPIN HEALTHCARE SYSTEM INC HEMS-11/23-1 11/20/2023 20231215 1,239.10 CHECK 490863 TOTAL: 1,239.10 490864 12/15/2023 PRTD 160008 RACHEL PETERSON 3257 08/01/2023 20231215 2,398.38 RACHEL PETERSON 3347 11/02/2023 20231215 1,666.80 CHECK 490864 TOTAL: 4,065.18 490865 12/15/2023 PRTD 137677 HAMMEL GREEN AND ABRAHAMSON INC 245142 11/17/2023 20231215 15,805.08 HAMMEL GREEN AND ABRAHAMSON INC 245143 11/17/2023 20231215 1,345.38 CHECK 490865 TOTAL: 17,150.46 490866 12/15/2023 PRTD 128215 HOFFMAN & MCNAMARA CO 21023 11/14/2023 20231215 138,657.00 CHECK 490866 TOTAL: 138,657.00 490867 12/15/2023 PRTD 104375 HOHENSTEINS INC 665771 11/28/2023 20231215 305.50 HOHENSTEINS INC 665770 11/20/2023 20231215 1,696.50 HOHENSTEINS INC 667789 11/28/2023 20231215 1,473.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 19 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET HOHENSTEINS INC 667788 11/28/2023 20231215 201.00 HOHENSTEINS INC 667787 11/28/2023 20231215 219.00 HOHENSTEINS INC 667786 11/28/2023 20231215 960.00 HOHENSTEINS INC 667785 11/28/2023 20231215 333.00 HOHENSTEINS INC 667784 11/28/2023 20231215 27.00 HOHENSTEINS INC 667794 11/28/2023 20231215 970.50 HOHENSTEINS INC 667795 11/28/2023 20231215 54.00 HOHENSTEINS INC 667793 11/28/2023 20231215 636.00 HOHENSTEINS INC 665747 11/20/2023 20231215 64.50 CHECK 490867 TOTAL: 6,940.00 490868 12/15/2023 PRTD 100417 HORIZON CHEMICAL CO INV59193 11/20/2023 20231215 483.28 CHECK 490868 TOTAL: 483.28 490869 12/15/2023 PRTD 160559 HUMERATECH INC 230765 11/17/2023 20231215 81,685.20 CHECK 490869 TOTAL: 81,685.20 490870 12/15/2023 PRTD 146427 LUCID BREWING LLC 17384 11/29/2023 20231215 144.00 LUCID BREWING LLC 17385 11/29/2023 20231215 199.00 CHECK 490870 TOTAL: 343.00 490871 12/15/2023 PRTD 146407 INGCO INTERNATIONAL 605245 11/15/2023 20231215 2,000.00 CHECK 490871 TOTAL: 2,000.00 490872 12/15/2023 PRTD 160653 INSIGHT BREWING COMPANY LLC 9490 11/29/2023 20231215 138.38 INSIGHT BREWING COMPANY LLC 9522 11/30/2023 20231215 299.04 CHECK 490872 TOTAL: 437.42 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 20 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490873 12/15/2023 PRTD 100828 JERRY'S ENTERPRISES INC Utilities-11/2023 11/25/2023 20231215 156.26 JERRY'S ENTERPRISES INC FACILITIES-11/2023 11/25/2023 20231215 664.67 JERRY'S ENTERPRISES INC Streets 11/2023 11/25/2023 20231215 156.97 JERRY'S ENTERPRISES INC ELEC-11/2023 11/25/2023 20231215 20.23 JERRY'S ENTERPRISES INC PARKS-11/2023 11/25/2023 20231215 131.71 JERRY'S ENTERPRISES INC POLICE-11/2023 11/25/2023 20231215 38.54 JERRY'S ENTERPRISES INC FIRE-11/2023 11/25/2023 20231215 29.61 JERRY'S ENTERPRISES INC EP-11/2023 11/25/2023 20231215 179.99 CHECK 490873 TOTAL: 1,377.98 490874 12/15/2023 PRTD 132592 JF AHERN CO 603949-Tax 09/26/2023 20231215 61.40 CHECK 490874 TOTAL: 61.40 490875 12/15/2023 PRTD 143537 JIRIK SOD FARM 53001 11/15/2023 20231215 -105.00 JIRIK SOD FARM 53064 11/20/2023 20231215 -225.00 JIRIK SOD FARM 53054 11/20/2023 20231215 1,918.07 CHECK 490875 TOTAL: 1,588.07 490876 12/15/2023 PRTD 100835 ARTISAN BEER COMPANY 3643077 11/21/2023 20231215 147.60 ARTISAN BEER COMPANY 3643076 11/21/2023 20231215 524.55 ARTISAN BEER COMPANY 3644456 11/30/2023 20231215 216.80 ARTISAN BEER COMPANY 3644458 11/30/2023 20231215 3,472.60 ARTISAN BEER COMPANY 3644457 11/30/2023 20231215 30.75 ARTISAN BEER COMPANY 3644452 11/30/2023 20231215 1,557.35 ARTISAN BEER COMPANY 3644454 11/30/2023 20231215 33.80 ARTISAN BEER COMPANY 3644453 11/30/2023 20231215 147.60 ARTISAN BEER COMPANY 377350 11/29/2023 20231215 -447.30 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 21 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ARTISAN BEER COMPANY 3644455 11/30/2023 20231215 4,479.35 CHECK 490876 TOTAL: 10,163.10 490877 12/15/2023 PRTD 100835 PHILLIPS WINE & SPIRITS 6693944 11/21/2023 20231215 39.20 PHILLIPS WINE & SPIRITS 6693945 11/21/2023 20231215 921.10 PHILLIPS WINE & SPIRITS 6693942 11/21/2023 20231215 38.80 PHILLIPS WINE & SPIRITS 6693943 11/21/2023 20231215 594.20 PHILLIPS WINE & SPIRITS 6697782 11/30/2023 20231215 988.20 PHILLIPS WINE & SPIRITS 6697779 11/30/2023 20231215 1,589.00 PHILLIPS WINE & SPIRITS 6697780 11/30/2023 20231215 795.80 PHILLIPS WINE & SPIRITS 6697781 11/30/2023 20231215 1,708.20 PHILLIPS WINE & SPIRITS 6697783 11/30/2023 20231215 160.35 PHILLIPS WINE & SPIRITS 6697772 11/30/2023 20231215 593.50 PHILLIPS WINE & SPIRITS 6697770 11/30/2023 20231215 181.40 PHILLIPS WINE & SPIRITS 6697769 11/30/2023 20231215 862.60 PHILLIPS WINE & SPIRITS 6697771 11/30/2023 20231215 1,438.50 PHILLIPS WINE & SPIRITS 7452862 12/01/2023 20231215 1,712.60 PHILLIPS WINE & SPIRITS 6697776 11/30/2023 20231215 82.95 PHILLIPS WINE & SPIRITS 6697773 11/30/2023 20231215 2,343.40 PHILLIPS WINE & SPIRITS 6697778 11/30/2023 20231215 1,548.20 PHILLIPS WINE & SPIRITS 6697777 11/30/2023 20231215 1,034.70 PHILLIPS WINE & SPIRITS 6697774 11/30/2023 20231215 562.50 PHILLIPS WINE & SPIRITS 6697775 11/30/2023 20231215 83.90 CHECK 490877 TOTAL: 17,279.10 490878 12/15/2023 PRTD 100835 WINE MERCHANTS 7452523 11/30/2023 20231215 2,612.60 WINE MERCHANTS 7452521 11/30/2023 20231215 760.20 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 22 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET WINE MERCHANTS 7452863 12/01/2023 20231215 644.50 WINE MERCHANTS 7452522 11/30/2023 20231215 2,827.20 CHECK 490878 TOTAL: 6,844.50 490879 12/15/2023 PRTD 100835 JOHNSON BROTHERS LIQUOR CO 2411564 10/26/2023 20231215 6,063.40 JOHNSON BROTHERS LIQUOR CO 2425813 11/16/2023 20231215 5,430.15 JOHNSON BROTHERS LIQUOR CO 2427954 11/20/2023 20231215 266.80 JOHNSON BROTHERS LIQUOR CO 2427949 11/20/2023 20231215 38.40 JOHNSON BROTHERS LIQUOR CO 2427947 11/20/2023 20231215 212.86 JOHNSON BROTHERS LIQUOR CO 2427948 11/20/2023 20231215 298.70 JOHNSON BROTHERS LIQUOR CO 2427953 11/20/2023 20231215 415.05 JOHNSON BROTHERS LIQUOR CO 2429410 11/21/2023 20231215 326.80 JOHNSON BROTHERS LIQUOR CO 2429413 11/21/2023 20231215 1,120.80 JOHNSON BROTHERS LIQUOR CO 2434421 11/30/2023 20231215 3,737.88 JOHNSON BROTHERS LIQUOR CO 2434414 11/30/2023 20231215 1,131.28 JOHNSON BROTHERS LIQUOR CO 2434433 11/30/2023 20231215 156.90 JOHNSON BROTHERS LIQUOR CO 2434436 11/30/2023 20231215 129.40 JOHNSON BROTHERS LIQUOR CO 2434432 11/30/2023 20231215 1,281.00 JOHNSON BROTHERS LIQUOR CO 2434415 11/30/2023 20231215 407.06 JOHNSON BROTHERS LIQUOR CO 2434424 11/30/2023 20231215 1,233.05 JOHNSON BROTHERS LIQUOR CO 2434431 11/30/2023 20231215 2,920.20 JOHNSON BROTHERS LIQUOR CO 2434435 11/30/2023 20231215 463.00 JOHNSON BROTHERS LIQUOR CO 2434434 11/30/2023 20231215 33.40 JOHNSON BROTHERS LIQUOR CO 2434416 11/30/2023 20231215 298.80 JOHNSON BROTHERS LIQUOR CO 2434411 11/30/2023 20231215 845.65 JOHNSON BROTHERS LIQUOR CO 2434417 11/30/2023 20231215 499.91 JOHNSON BROTHERS LIQUOR CO 2434426 11/30/2023 20231215 325.60 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 23 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET JOHNSON BROTHERS LIQUOR CO 2434425 11/30/2023 20231215 1,195.60 JOHNSON BROTHERS LIQUOR CO 2434410 11/30/2023 20231215 1,170.65 JOHNSON BROTHERS LIQUOR CO 2434419 11/30/2023 20231215 1,302.15 JOHNSON BROTHERS LIQUOR CO 2434430 11/30/2023 20231215 33.40 JOHNSON BROTHERS LIQUOR CO 2434413 11/30/2023 20231215 615.07 JOHNSON BROTHERS LIQUOR CO 2434418 11/30/2023 20231215 1,342.44 JOHNSON BROTHERS LIQUOR CO 2434422 11/30/2023 20231215 1,041.00 JOHNSON BROTHERS LIQUOR CO 2434412 11/30/2023 20231215 2,129.00 JOHNSON BROTHERS LIQUOR CO 2434420 11/30/2023 20231215 2,382.50 JOHNSON BROTHERS LIQUOR CO 2434409 11/30/2023 20231215 162.80 JOHNSON BROTHERS LIQUOR CO 2434423 11/30/2023 20231215 327.20 JOHNSON BROTHERS LIQUOR CO 2434429 11/30/2023 20231215 497.60 JOHNSON BROTHERS LIQUOR CO 2427950 11/20/2023 20231215 406.20 JOHNSON BROTHERS LIQUOR CO 2427944 11/20/2023 20231215 109.60 JOHNSON BROTHERS LIQUOR CO 263651 08/11/2023 20231215 -18.00 CHECK 490879 TOTAL: 40,333.30 490880 12/15/2023 PRTD 142504 JOHNSON CONTROLS US HOLDINGS LLC 39437991 11/08/2023 20231215 787.90 CHECK 490880 TOTAL: 787.90 490881 12/15/2023 PRTD 141864 JOSEPH E JOHNSON & SONS CONSTRUCT 1326 11/27/2023 20231215 12,052.22 CHECK 490881 TOTAL: 12,052.22 490882 12/15/2023 PRTD 145396 JUNKYARD BREWING COMPANY LLC 006259 11/29/2023 20231215 218.00 JUNKYARD BREWING COMPANY LLC 006258 11/30/2023 20231215 276.00 CHECK 490882 TOTAL: 494.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 24 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490883 12/15/2023 PRTD 160899 KAO, MING-TSAI 23CAPF-Kao 11/08/2023 20231215 2,455.55 CHECK 490883 TOTAL: 2,455.55 490884 12/15/2023 PRTD 130789 KATZ, DAVID 1289 11/15/2023 20231215 738.00 CHECK 490884 TOTAL: 738.00 490885 12/15/2023 PRTD 124002 KIMLEY-HORN AND ASSOCIATES INC 160603028-1023 10/31/2023 20231215 4,001.25 CHECK 490885 TOTAL: 4,001.25 490886 12/15/2023 PRTD 160224 LAFORCE HOLDINGS INC 1235825 11/17/2023 20231215 1,000.00 CHECK 490886 TOTAL: 1,000.00 490887 12/15/2023 PRTD 160902 HEUER, JASON LLOYD 2818 11/18/2023 20231215 75.00 HEUER, JASON LLOYD 2820 11/28/2023 20231215 150.00 CHECK 490887 TOTAL: 225.00 490888 12/15/2023 PRTD 100852 LAWSON PRODUCTS INC 9311083929 11/16/2023 20231215 1,439.99 LAWSON PRODUCTS INC 9311089745 11/18/2023 20231215 1,022.26 LAWSON PRODUCTS INC 9311095055 11/21/2023 20231215 48.37 CHECK 490888 TOTAL: 2,510.62 490889 12/15/2023 PRTD 101552 LEAGUE OF MINNESOTA CITIES H00109858-12/23 11/13/2023 20231215 40,383.71 CHECK 490889 TOTAL: 40,383.71 490890 12/15/2023 PRTD 101552 LEAGUE OF MINNESOTA CITIES 40002968-12/23 12/04/2023 20231215 333,186.00 CHECK 490890 TOTAL: 333,186.00 490891 12/15/2023 PRTD 135867 LIBATION PROJECT 65234 11/28/2023 20231215 738.04 LIBATION PROJECT 65232 11/28/2023 20231215 1,292.12 LIBATION PROJECT 65233 11/29/2023 20231215 1,046.04 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 25 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET LIBATION PROJECT 65029 11/20/2023 20231215 293.96 CHECK 490891 TOTAL: 3,370.16 490892 12/15/2023 PRTD 144426 LIFE LINE BILLING SYSTEMS LLC LQ-000073 07/31/2023 20231215 5,365.65 CHECK 490892 TOTAL: 5,365.65 490893 12/15/2023 PRTD 160916 LOGSDON, MARY 11/30/2023 11/30/2023 20231215 75.00 CHECK 490893 TOTAL: 75.00 490894 12/15/2023 PRTD 160548 LUCE LINE BREWING CO LLC E-1952 11/30/2023 20231215 275.00 LUCE LINE BREWING CO LLC E-1961 11/30/2023 20231215 169.00 CHECK 490894 TOTAL: 444.00 490895 12/15/2023 PRTD 141916 LUPULIN BREWING COMPANY 57253 11/21/2023 20231215 336.00 LUPULIN BREWING COMPANY 57348 11/28/2023 20231215 189.00 LUPULIN BREWING COMPANY 57337 11/28/2023 20231215 345.50 CHECK 490895 TOTAL: 870.50 490896 12/15/2023 PRTD 123848 LVC COMPANIES INC 127851 11/15/2023 20231215 440.00 LVC COMPANIES INC 127854 11/15/2023 20231215 440.00 LVC COMPANIES INC 127858 11/15/2023 20231215 440.00 LVC COMPANIES INC 127856 11/15/2023 20231215 440.00 LVC COMPANIES INC 127855 11/15/2023 20231215 440.00 LVC COMPANIES INC 127857 11/15/2023 20231215 440.00 LVC COMPANIES INC 128147 11/20/2023 20231215 400.00 LVC COMPANIES INC 128148 11/20/2023 20231215 320.00 CHECK 490896 TOTAL: 3,360.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 26 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490897 12/15/2023 PRTD 160909 MANION, PATRICK Reimbursement CEE 11/20/2023 20231215 30,152.00 CHECK 490897 TOTAL: 30,152.00 490898 12/15/2023 PRTD 160640 MARGE MAGNUSON CONSTRUCTION CO IN FC22-113 #7 10/31/2023 20231215 58,380.43 MARGE MAGNUSON CONSTRUCTION CO IN FC22-113 #6 09/25/2023 20231215 136,801.90 CHECK 490898 TOTAL: 195,182.33 490899 12/15/2023 PRTD 116410 MARTIN MARIETTA MATERIALS 41059627 11/15/2023 20231215 597.59 CHECK 490899 TOTAL: 597.59 490900 12/15/2023 PRTD 116410 MARTIN MARIETTA MATERIALS 41077045 11/19/2023 20231215 106.09 MARTIN MARIETTA MATERIALS 41091824 11/20/2023 20231215 141.45 CHECK 490900 TOTAL: 247.54 490901 12/15/2023 PRTD 122554 MATHESON TRI-GAS INC 0028822596 11/30/2023 20231215 310.11 CHECK 490901 TOTAL: 310.11 490902 12/15/2023 PRTD 141215 MAVERICK WINE LLC INV1117630 11/22/2023 20231215 667.50 MAVERICK WINE LLC INV1123435 11/30/2023 20231215 161.52 MAVERICK WINE LLC INV1122237 11/30/2023 20231215 1,065.00 MAVERICK WINE LLC INV1122254 11/30/2023 20231215 364.50 MAVERICK WINE LLC INV1122242 11/30/2023 20231215 1,727.17 MAVERICK WINE LLC INV1122253 11/30/2023 20231215 357.48 CHECK 490902 TOTAL: 4,343.17 490903 12/15/2023 PRTD 142503 MCNAMARA CONTRACTING INC ENG 23-8-1 10/06/2023 20231215 23,807.00 CHECK 490903 TOTAL: 23,807.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 27 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490904 12/15/2023 PRTD 103944 MOBILE HEALTH SERVICES LLC 44475 11/20/2023 20231215 1,456.00 CHECK 490904 TOTAL: 1,456.00 490905 12/15/2023 PRTD 146040 STRAYER, JUSTIN IN-6720 11/28/2023 20231215 148.30 CHECK 490905 TOTAL: 148.30 490906 12/15/2023 PRTD 100903 MINNESOTA ELEVATOR INC 1046993 11/17/2023 20231215 1,236.00 CHECK 490906 TOTAL: 1,236.00 490907 12/15/2023 PRTD 101483 MENARDS 93524 11/22/2023 20231215 257.32 CHECK 490907 TOTAL: 257.32 490908 12/15/2023 PRTD 104650 MICRO CENTER 9911981 11/16/2023 20231215 239.97 MICRO CENTER 9920559 11/22/2023 20231215 22.99 CHECK 490908 TOTAL: 262.96 490909 12/15/2023 PRTD 101161 MIDWEST CHEMICAL SUPPLY INC 44901 11/20/2023 20231215 479.26 CHECK 490909 TOTAL: 479.26 490910 12/15/2023 PRTD 127062 MINNEHAHA BUILDING MAINTENANCE IN 180246998 10/29/2023 20231215 6.54 MINNEHAHA BUILDING MAINTENANCE IN 180246999 10/29/2023 20231215 25.08 MINNEHAHA BUILDING MAINTENANCE IN 180247000 10/29/2023 20231215 18.53 CHECK 490910 TOTAL: 50.15 490911 12/15/2023 PRTD 101996 WILCOCK ASSOCIATES INC 35776 11/16/2023 20231215 23.10 CHECK 490911 TOTAL: 23.10 490912 12/15/2023 PRTD 128914 BJKK DEVELOPMENT 35532 11/18/2023 20231215 151.68 CHECK 490912 TOTAL: 151.68 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 28 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490913 12/15/2023 PRTD 100898 MINVALCO INC 3200567 09/27/2023 20231215 886.18 CHECK 490913 TOTAL: 886.18 490914 12/15/2023 PRTD 140955 MODIST BREWING LLC E-46395 11/28/2023 20231215 470.00 MODIST BREWING LLC E-46396 11/28/2023 20231215 200.00 MODIST BREWING LLC E-46393 11/28/2023 20231215 147.00 MODIST BREWING LLC E-46394 11/28/2023 20231215 400.00 MODIST BREWING LLC E-46524 12/01/2023 20231215 188.00 CHECK 490914 TOTAL: 1,405.00 490915 12/15/2023 PRTD 100906 MTI DISTRIBUTING INC 1411759-00 11/27/2023 20231215 1,070.82 MTI DISTRIBUTING INC 1411003-00 11/02/2023 20231215 9.80 MTI DISTRIBUTING INC 1412943-00 12/04/2023 20231215 -1,047.95 MTI DISTRIBUTING INC 1413021-00 12/04/2023 20231215 26.02 CHECK 490915 TOTAL: 58.69 490916 12/15/2023 PRTD 101390 MUNICIPAL EMERGENCY SERVICES IN1963820 11/20/2023 20231215 6,130.19 CHECK 490916 TOTAL: 6,130.19 490917 12/15/2023 PRTD 104671 MUSCO CORPORATION 417407 11/22/2023 20231215 1,900.00 CHECK 490917 TOTAL: 1,900.00 490918 12/15/2023 PRTD 100076 NEW FRANCE WINE CO 214513 11/20/2023 20231215 1,172.50 NEW FRANCE WINE CO 214842 11/30/2023 20231215 1,498.50 NEW FRANCE WINE CO 214845 11/29/2023 20231215 1,392.00 NEW FRANCE WINE CO 214862 11/29/2023 20231215 676.50 NEW FRANCE WINE CO 214516 11/20/2023 20231215 221.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 29 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490918 TOTAL: 4,960.50 490919 12/15/2023 PRTD 142201 NLSC PRODUCTS INC 131416 11/21/2023 20231215 653.00 CHECK 490919 TOTAL: 653.00 490920 12/15/2023 PRTD 142880 NORDIC SOLAR HOLDCO LLC INV-NSH004079 11/30/2023 20231215 6,788.75 CHECK 490920 TOTAL: 6,788.75 490921 12/15/2023 PRTD 101620 NORTH SECOND STREET STEEL SUPPLY 546875 11/21/2023 20231215 165.00 NORTH SECOND STREET STEEL SUPPLY 546876 11/21/2023 20231215 93.00 CHECK 490921 TOTAL: 258.00 490922 12/15/2023 PRTD 117830 NORTHLAND BUSINESS SYSTEMS IN29528 11/10/2023 22300063 20231215 12,667.00 CHECK 490922 TOTAL: 12,667.00 490923 12/15/2023 PRTD 160426 NOVACARE OUTPATIENT REHABILITATIO 846989861 10/12/2023 20231215 370.00 CHECK 490923 TOTAL: 370.00 490924 12/15/2023 PRTD 160426 NOVACARE REHABILITATION 846857512DUP 10/24/2023 20231215 -370.00 NOVACARE REHABILITATION 847023876 11/29/2023 20231215 740.00 CHECK 490924 TOTAL: 370.00 490925 12/15/2023 PRTD 160827 OBRIEN ORNAMENTAL IRON INC 59305 11/15/2023 20231215 900.00 CHECK 490925 TOTAL: 900.00 490926 12/15/2023 PRTD 160033 OLD WORLD BEER LLC 3339 11/25/2023 20231215 271.95 OLD WORLD BEER LLC 3363 11/29/2023 20231215 54.42 OLD WORLD BEER LLC 3362 11/29/2023 20231215 215.86 CHECK 490926 TOTAL: 542.23 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 30 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490927 12/15/2023 PRTD 100936 OLSEN CHAIN & CABLE CO INC 708739 11/15/2023 20231215 377.72 OLSEN CHAIN & CABLE CO INC 708742 11/17/2023 20231215 148.43 CHECK 490927 TOTAL: 526.15 490928 12/15/2023 PRTD 999995 MIDLAND HVAC, LLC ED210296-Refund 12/01/2023 20231215 55.13 CHECK 490928 TOTAL: 55.13 490929 12/15/2023 PRTD 999994 Christi Andringa Sprinkler Refund 11/28/2023 20231215 500.18 CHECK 490929 TOTAL: 500.18 490930 12/15/2023 PRTD 999994 MAAO Region IX Edina2023 09/26/2023 20231215 30.00 CHECK 490930 TOTAL: 30.00 490931 12/15/2023 PRTD 999997 Akkerman, Brenna 95451 12/12/2023 20231215 277.01 CHECK 490931 TOTAL: 277.01 490932 12/15/2023 PRTD 999997 AZIZ, ISMAT 95604 12/13/2023 20231215 162.07 CHECK 490932 TOTAL: 162.07 490933 12/15/2023 PRTD 999997 BARNETT, SHARON 95608 12/13/2023 20231215 36.46 CHECK 490933 TOTAL: 36.46 490934 12/15/2023 PRTD 999997 BENNETT, DAVIS 95629 12/13/2023 20231215 503.65 CHECK 490934 TOTAL: 503.65 490935 12/15/2023 PRTD 999997 BOWEN, DANIEL 95620 12/13/2023 20231215 50.45 CHECK 490935 TOTAL: 50.45 490936 12/15/2023 PRTD 999997 BUSYN, MARK 95596 12/13/2023 20231215 69.13 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 31 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490936 TOTAL: 69.13 490937 12/15/2023 PRTD 999997 CAIN, PAT 95609 12/13/2023 20231215 58.88 CHECK 490937 TOTAL: 58.88 490938 12/15/2023 PRTD 999997 COMMERS, ANDREW 95612 12/13/2023 20231215 57.13 CHECK 490938 TOTAL: 57.13 490939 12/15/2023 PRTD 999997 DURAND, WILLIAM 95614 12/13/2023 20231215 35.14 CHECK 490939 TOTAL: 35.14 490940 12/15/2023 PRTD 999997 ELIE, LISA 95619 12/13/2023 20231215 97.78 CHECK 490940 TOTAL: 97.78 490941 12/15/2023 PRTD 999997 ELLINGSON, HEATHER 95602 12/13/2023 20231215 125.56 CHECK 490941 TOTAL: 125.56 490942 12/15/2023 PRTD 999997 ERICKSON, DOUGLAS 95631 12/13/2023 20231215 27.86 CHECK 490942 TOTAL: 27.86 490943 12/15/2023 PRTD 999997 ESTATE OF BONNIE LATOURELL 95625 12/13/2023 20231215 471.98 CHECK 490943 TOTAL: 471.98 490944 12/15/2023 PRTD 999997 FISHER, DEBORAH 95598 12/13/2023 20231215 196.78 CHECK 490944 TOTAL: 196.78 490945 12/15/2023 PRTD 999997 FLAHERTY, BRENDAN P 95599 12/13/2023 20231215 450.38 CHECK 490945 TOTAL: 450.38 490946 12/15/2023 PRTD 999997 FLAHERTY, MICHAEL T 95622 12/13/2023 20231215 654.42 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 32 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490946 TOTAL: 654.42 490947 12/15/2023 PRTD 999997 FULL HOUSE RENOVATION LLC 95628 12/13/2023 20231215 72.81 CHECK 490947 TOTAL: 72.81 490948 12/15/2023 PRTD 999997 GRATZER, THOMAS G 95588 12/13/2023 20231215 150.00 CHECK 490948 TOTAL: 150.00 490949 12/15/2023 PRTD 999997 GRONEMEYER, SHANE 95594 12/13/2023 20231215 310.51 CHECK 490949 TOTAL: 310.51 490950 12/15/2023 PRTD 999997 HANSON, PAUL 95600 12/13/2023 20231215 52.48 CHECK 490950 TOTAL: 52.48 490951 12/15/2023 PRTD 999997 HIRSCHMANN, KEELY 95635 12/13/2023 20231215 917.39 CHECK 490951 TOTAL: 917.39 490952 12/15/2023 PRTD 999997 HOLM, CAROL 95597 12/13/2023 20231215 7.53 CHECK 490952 TOTAL: 7.53 490953 12/15/2023 PRTD 999997 KB CAPITAL, LLC 95636 12/13/2023 20231215 51.09 CHECK 490953 TOTAL: 51.09 490954 12/15/2023 PRTD 999997 KELLY, DANIEL 95606 12/13/2023 20231215 43.47 CHECK 490954 TOTAL: 43.47 490955 12/15/2023 PRTD 999997 KILEY, BETH 95618 12/13/2023 20231215 64.31 CHECK 490955 TOTAL: 64.31 490956 12/15/2023 PRTD 999997 KLEINGARN, MARY 95593 12/13/2023 20231215 61.33 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 33 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490956 TOTAL: 61.33 490957 12/15/2023 PRTD 999997 LANCASTER, CYNTHIA 95592 12/13/2023 20231215 45.07 CHECK 490957 TOTAL: 45.07 490958 12/15/2023 PRTD 999997 LONDON, TRISHA 95616 12/13/2023 20231215 150.00 CHECK 490958 TOTAL: 150.00 490959 12/15/2023 PRTD 999997 LUND, BRITTA 95637 12/13/2023 20231215 218.59 CHECK 490959 TOTAL: 218.59 490960 12/15/2023 PRTD 999997 MACDONALD, SCOTT 95621 12/13/2023 20231215 143.04 CHECK 490960 TOTAL: 143.04 490961 12/15/2023 PRTD 999997 MADDEN, CAITLIN 95623 12/13/2023 20231215 .99 CHECK 490961 TOTAL: .99 490962 12/15/2023 PRTD 999997 MCGARVEY, SCOTT 95633 12/13/2023 20231215 114.94 CHECK 490962 TOTAL: 114.94 490963 12/15/2023 PRTD 999997 MCGOWAN, ROBERT 95611 12/13/2023 20231215 58.62 CHECK 490963 TOTAL: 58.62 490964 12/15/2023 PRTD 999997 MCGRAW, DANIEL 95624 12/13/2023 20231215 690.28 CHECK 490964 TOTAL: 690.28 490965 12/15/2023 PRTD 999997 MONTAGUE, JOHN 95605 12/13/2023 20231215 155.28 CHECK 490965 TOTAL: 155.28 490966 12/15/2023 PRTD 999997 MURPHY, STEPHEN 95590 12/13/2023 20231215 86.81 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 34 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490966 TOTAL: 86.81 490967 12/15/2023 PRTD 999997 OPSAHL, DAVID 95630 12/13/2023 20231215 252.31 CHECK 490967 TOTAL: 252.31 490968 12/15/2023 PRTD 999997 PETERSON, DANIEL K 95601 12/13/2023 20231215 98.59 CHECK 490968 TOTAL: 98.59 490969 12/15/2023 PRTD 999997 QUIRT, ANDREW 95632 12/13/2023 20231215 579.06 CHECK 490969 TOTAL: 579.06 490970 12/15/2023 PRTD 999997 RAMAN, SRINIVAS 95613 12/13/2023 20231215 180.36 CHECK 490970 TOTAL: 180.36 490971 12/15/2023 PRTD 999997 RATTNER, EVAN 95603 12/13/2023 20231215 833.93 CHECK 490971 TOTAL: 833.93 490972 12/15/2023 PRTD 999997 ROETKER, NICHOLAS 95591 12/13/2023 20231215 140.00 CHECK 490972 TOTAL: 140.00 490973 12/15/2023 PRTD 999997 SCHALL, DAVID 95634 12/13/2023 20231215 155.26 CHECK 490973 TOTAL: 155.26 490974 12/15/2023 PRTD 999997 SECOND STORY BUILD LLC 95617 12/13/2023 20231215 425.11 CHECK 490974 TOTAL: 425.11 490975 12/15/2023 PRTD 999997 TJB HOMES INC 95589 12/13/2023 20231215 404.33 CHECK 490975 TOTAL: 404.33 490976 12/15/2023 PRTD 999997 VALADEZ, LUIS 95595 12/13/2023 20231215 475.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 35 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 490976 TOTAL: 475.00 490977 12/15/2023 PRTD 999997 VON ESCHEN, SUSAN 95607 12/13/2023 20231215 45.33 CHECK 490977 TOTAL: 45.33 490978 12/15/2023 PRTD 999997 VON GILLERN, JEFF 95627 12/13/2023 20231215 917.28 CHECK 490978 TOTAL: 917.28 490979 12/15/2023 PRTD 999997 WAGNER, JULIA 95615 12/13/2023 20231215 17.64 CHECK 490979 TOTAL: 17.64 490980 12/15/2023 PRTD 999997 WELSCH, HEIDI 95626 12/13/2023 20231215 250.00 CHECK 490980 TOTAL: 250.00 490981 12/15/2023 PRTD 999997 WILCOX, GREGORY 95610 12/13/2023 20231215 51.82 CHECK 490981 TOTAL: 51.82 490982 12/15/2023 PRTD 101659 ORKIN 253401424 11/16/2023 20231215 149.47 ORKIN 253400575 11/21/2023 20231215 153.42 ORKIN 253401295 11/21/2023 20231215 26.28 ORKIN 253401762 11/21/2023 20231215 30.00 ORKIN 251867195 10/24/2023 20231215 75.00 ORKIN 251867007 10/24/2023 20231215 30.00 ORKIN 251866927 10/24/2023 20231215 30.00 ORKIN 251867006 10/24/2023 20231215 30.00 CHECK 490982 TOTAL: 524.17 490983 12/15/2023 PRTD 100940 OWENS TECHNOLOGY COMPANIES INC 1301 11/21/2023 20231215 418.00 CHECK 490983 TOTAL: 418.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 36 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490984 12/15/2023 PRTD 100944 PAUSTIS WINE COMPANY 220184 11/19/2023 20231215 264.20 PAUSTIS WINE COMPANY 220943 11/28/2023 20231215 1,006.70 PAUSTIS WINE COMPANY 220945 11/28/2023 20231215 1,335.00 PAUSTIS WINE COMPANY 220963 11/28/2023 20231215 1,444.00 PAUSTIS WINE COMPANY 220946 11/28/2023 20231215 403.50 PAUSTIS WINE COMPANY 221169 11/29/2023 20231215 198.00 PAUSTIS WINE COMPANY 220937 11/28/2023 20231215 2,191.90 PAUSTIS WINE COMPANY 220940 11/28/2023 20231215 1,602.00 CHECK 490984 TOTAL: 8,445.30 490985 12/15/2023 PRTD 100945 PEPSI-COLA COMPANY 85062057 11/17/2023 20231215 833.45 PEPSI-COLA COMPANY 86481605 11/20/2023 20231215 920.14 CHECK 490985 TOTAL: 1,753.59 490986 12/15/2023 PRTD 149249 PEQUOD DISTRIBUTING W-212318 11/30/2023 20231215 272.00 PEQUOD DISTRIBUTING W-212319 11/30/2023 20231215 47.00 PEQUOD DISTRIBUTING W-212415 11/30/2023 20231215 320.42 CHECK 490986 TOTAL: 639.42 490987 12/15/2023 PRTD 138081 PETERSON SALT & WATER TREATMENT 211782DUP 10/24/2023 20231215 -137.50 PETERSON SALT & WATER TREATMENT 212911 10/18/2023 20231215 137.50 PETERSON SALT & WATER TREATMENT 214007 11/29/2023 20231215 115.54 CHECK 490987 TOTAL: 115.54 490988 12/15/2023 PRTD 160501 PFM ASSET MANAGEMENT LLC 13983284 11/21/2023 20231215 3,347.64 CHECK 490988 TOTAL: 3,347.64 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 37 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490989 12/15/2023 PRTD 100119 PING INC 17150162DUP 10/24/2023 20231215 -155.65 PING INC 17160869DUP 10/24/2023 20231215 -231.68 PING INC 17209743 10/19/2023 20231215 150.65 PING INC 17249654 11/22/2023 20231215 1,371.06 CHECK 490989 TOTAL: 1,134.38 490990 12/15/2023 PRTD 136610 POLICE SERVICE DOGS INC 20230333 11/22/2023 20231215 2,887.00 CHECK 490990 TOTAL: 2,887.00 490991 12/15/2023 PRTD 105690 PRO-TEC DESIGN INC 112192 11/17/2023 20231215 178.50 CHECK 490991 TOTAL: 178.50 490992 12/15/2023 PRTD 106322 SCHENCK, DAVID 161144 11/16/2023 20231215 407.85 SCHENCK, DAVID 161111 11/22/2023 20231215 1,216.85 SCHENCK, DAVID 161156 11/22/2023 20231215 961.87 SCHENCK, DAVID 161192 12/01/2023 20231215 861.74 CHECK 490992 TOTAL: 3,448.31 490993 12/15/2023 PRTD 143618 PRYES BREWING COMPANY LLC W-65682 11/30/2023 20231215 752.00 PRYES BREWING COMPANY LLC W-65649 11/29/2023 20231215 293.00 CHECK 490993 TOTAL: 1,045.00 490994 12/15/2023 PRTD 131685 QUADIENT LEASING US, INC. Q1091566 12/02/2023 20231215 207.51 CHECK 490994 TOTAL: 207.51 490995 12/15/2023 PRTD 100972 R & R SPECIALTIES INC 0080460-IN 11/16/2023 20231215 494.05 CHECK 490995 TOTAL: 494.05 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 38 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 490996 12/15/2023 PRTD 160037 RACHEL CONTRACTING, LLC 22038.C1 10/27/2023 20231215 19,001.00 CHECK 490996 TOTAL: 19,001.00 490997 12/15/2023 PRTD 138298 RED BULL DISTRIBUTION COMPANY INC 2013261882 11/30/2023 20231215 428.80 CHECK 490997 TOTAL: 428.80 490998 12/15/2023 PRTD 100975 MULTI SERVICE TECHNOLOGY SOLUTION 20231010033928 10/10/2023 20231215 800.00 CHECK 490998 TOTAL: 800.00 490999 12/15/2023 PRTD 133627 REPUBLIC SERVICES #894 0894-006476778 11/30/2023 20231215 47,295.18 CHECK 490999 TOTAL: 47,295.18 491000 12/15/2023 PRTD 114799 RES GREAT LAKES LLC IN41833 11/15/2023 20231215 4,712.47 CHECK 491000 TOTAL: 4,712.47 491001 12/15/2023 PRTD 100977 RICHFIELD PLUMBING COMPANY 88636 11/15/2023 20231215 1,045.00 RICHFIELD PLUMBING COMPANY 88676 11/22/2023 20231215 483.50 RICHFIELD PLUMBING COMPANY 88677 11/22/2023 20231215 470.00 RICHFIELD PLUMBING COMPANY 88678 11/22/2023 20231215 627.00 CHECK 491001 TOTAL: 2,625.50 491002 12/15/2023 PRTD 160330 RYPSTICK GOLF 12441 10/30/2023 20231215 1,519.79 CHECK 491002 TOTAL: 1,519.79 491003 12/15/2023 PRTD 104087 SAFE ASSURE CONSULTANTS INC 3442 11/21/2023 20231215 11,043.98 SAFE ASSURE CONSULTANTS INC 3441 11/21/2023 20231215 5,557.20 CHECK 491003 TOTAL: 16,601.18 491004 12/15/2023 PRTD 134173 SAFE-FAST INC INV283447 11/17/2023 20231215 117.70 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 39 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491004 TOTAL: 117.70 491005 12/15/2023 PRTD 129348 OLSON, BRADLEY D 111523 11/15/2023 20231215 2,655.00 CHECK 491005 TOTAL: 2,655.00 491006 12/15/2023 PRTD 144553 SALTCO LLC 121403 11/15/2023 20231215 70.00 CHECK 491006 TOTAL: 70.00 491007 12/15/2023 PRTD 160574 JEAN, SANDRA 16-2023 11/28/2023 20231215 800.00 CHECK 491007 TOTAL: 800.00 491008 12/15/2023 PRTD 146056 SCHWEITZER, JOHN 11172023-1 11/17/2023 20231215 2,194.00 SCHWEITZER, JOHN 11172023-5 11/17/2023 20231215 15,060.00 CHECK 491008 TOTAL: 17,254.00 491009 12/15/2023 PRTD 144403 SENTEXT SOLUTIONS 341751 11/20/2023 20231215 318.50 SENTEXT SOLUTIONS 343321 12/05/2023 20231215 40.25 CHECK 491009 TOTAL: 358.75 491010 12/15/2023 PRTD 103409 KELBRO COMPANY 2959917 11/17/2023 20231215 251.93 KELBRO COMPANY 2963543 11/22/2023 20231215 122.75 KELBRO COMPANY 2965530 11/30/2023 20231215 137.62 KELBRO COMPANY 2965600 11/30/2023 20231215 80.57 KELBRO COMPANY 2965597 11/30/2023 20231215 127.64 CHECK 491010 TOTAL: 720.51 491011 12/15/2023 PRTD 104098 SHI INTERNATIONAL CORP B17588666 11/07/2023 20231215 263.00 CHECK 491011 TOTAL: 263.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 40 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491012 12/15/2023 PRTD 100995 SHORT-ELLIOT-HENDRICKSON INCORPOR 456210 11/16/2023 20231215 315.53 CHECK 491012 TOTAL: 315.53 491013 12/15/2023 PRTD 160278 ROHN INDUSTRIES, INC 0012437 11/15/2023 20231215 282.72 CHECK 491013 TOTAL: 282.72 491014 12/15/2023 PRTD 120784 WALSH GRAPHICS INC 18849 11/20/2023 20231215 237.78 WALSH GRAPHICS INC 18757 11/20/2023 20231215 185.00 WALSH GRAPHICS INC 18811 11/20/2023 20231215 185.00 WALSH GRAPHICS INC 18573 08/21/2023 20231215 185.00 CHECK 491014 TOTAL: 792.78 491015 12/15/2023 PRTD 132195 SMALL LOT MN MN71770 11/28/2023 20231215 90.84 SMALL LOT MN MN71771 11/28/2023 20231215 161.00 SMALL LOT MN MN71765 11/28/2023 20231215 149.00 SMALL LOT MN MN71768 11/28/2023 20231215 204.00 SMALL LOT MN MN71769 11/28/2023 20231215 472.50 CHECK 491015 TOTAL: 1,077.34 491016 12/15/2023 PRTD 101000 RJM PRINTING INC 126371012 11/16/2023 20231215 441.83 CHECK 491016 TOTAL: 441.83 491017 12/15/2023 PRTD 127878 SOUTHERN GLAZERS WINE & SPIRITS L 2412285 11/15/2023 20231215 5,431.62 SOUTHERN GLAZERS WINE & SPIRITS L 2412297 11/15/2023 20231215 6,693.98 SOUTHERN GLAZERS WINE & SPIRITS L 2414723 11/21/2023 20231215 2,119.82 SOUTHERN GLAZERS WINE & SPIRITS L 2414724 11/21/2023 20231215 248.54 SOUTHERN GLAZERS WINE & SPIRITS L 2416905 11/29/2023 20231215 5,659.28 SOUTHERN GLAZERS WINE & SPIRITS L 2416906 11/29/2023 20231215 1,810.40 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 41 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET SOUTHERN GLAZERS WINE & SPIRITS L 2416907 11/29/2023 20231215 4,059.20 SOUTHERN GLAZERS WINE & SPIRITS L 2416908 11/29/2023 20231215 850.40 SOUTHERN GLAZERS WINE & SPIRITS L 2416909 11/29/2023 20231215 261.80 SOUTHERN GLAZERS WINE & SPIRITS L 2416898 11/29/2023 20231215 1,339.20 SOUTHERN GLAZERS WINE & SPIRITS L 2416900 11/29/2023 20231215 238.00 SOUTHERN GLAZERS WINE & SPIRITS L 2416899 11/29/2023 20231215 2,165.81 SOUTHERN GLAZERS WINE & SPIRITS L 2416901 11/29/2023 20231215 1,091.92 SOUTHERN GLAZERS WINE & SPIRITS L 2416904 11/29/2023 20231215 425.60 SOUTHERN GLAZERS WINE & SPIRITS L 2416902 11/29/2023 20231215 372.06 SOUTHERN GLAZERS WINE & SPIRITS L 2416903 11/29/2023 20231215 1,957.08 CHECK 491017 TOTAL: 34,724.71 491018 12/15/2023 PRTD 160835 SOUTHSIDE HEATING & AIR CONDITION 11-2-23 11/17/2023 20231215 11,030.00 CHECK 491018 TOTAL: 11,030.00 491019 12/15/2023 PRTD 160274 SOUTHWEST LAWN, SNOW & LANDSCAPE 3861 06/01/2023 20231215 1,868.00 CHECK 491019 TOTAL: 1,868.00 491020 12/15/2023 PRTD 160187 SPORTS LIGHTING AUTORITY INC. 00150 11/15/2023 20231215 8,495.00 CHECK 491020 TOTAL: 8,495.00 491021 12/15/2023 PRTD 100438 STANTEC CONSULTING SERVICES INC 2159745 11/21/2023 20231215 466.37 CHECK 491021 TOTAL: 466.37 491022 12/15/2023 PRTD 105842 MINER, LTD 805776 11/27/2023 20231215 801.10 CHECK 491022 TOTAL: 801.10 491023 12/15/2023 PRTD 101007 STAR TRIBUNE MEDIA INTERMEDIATE H I00467462-10152023 10/31/2023 20231215 666.67 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 42 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491023 TOTAL: 666.67 491024 12/15/2023 PRTD 160368 STARCHASE LLC 20132822 09/29/2023 20231215 50,000.00 CHECK 491024 TOTAL: 50,000.00 491025 12/15/2023 PRTD 139006 MINNESOTA DEPARTMENT OF HEALTH 1270011-Q4-2023 11/16/2023 20231215 34,977.00 CHECK 491025 TOTAL: 34,977.00 491026 12/15/2023 PRTD 139006 STATE OF MINNESOTA 9900068644 11/28/2023 20231215 390.00 CHECK 491026 TOTAL: 390.00 491027 12/15/2023 PRTD 133068 STEEL TOE BREWING LLC 52840 11/21/2023 20231215 484.00 STEEL TOE BREWING LLC 52917 11/29/2023 20231215 136.00 STEEL TOE BREWING LLC 52890 11/29/2023 20231215 175.00 STEEL TOE BREWING LLC 52934 11/29/2023 20231215 169.00 CHECK 491027 TOTAL: 964.00 491028 12/15/2023 PRTD 101015 STREICHERS INC I1666819 11/21/2023 20231215 96.99 CHECK 491028 TOTAL: 96.99 491029 12/15/2023 PRTD 133750 STRYKER SALES CORPORATION 9204951007-1 11/01/2023 20231215 1,860.00 CHECK 491029 TOTAL: 1,860.00 491030 12/15/2023 PRTD 101017 SUBURBAN CHEVROLET 223159P 11/20/2023 20231215 140.21 SUBURBAN CHEVROLET 223160P 11/21/2023 20231215 31.68 CHECK 491030 TOTAL: 171.89 491031 12/15/2023 PRTD 160917 SUPERIOR CONCRETE FENCE OF TEXAS, R3299.1 11/16/2023 20231215 2,183.12 CHECK 491031 TOTAL: 2,183.12 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 43 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491032 12/15/2023 PRTD 119864 SYSCO MINNESOTA INC 447981570 11/22/2023 20231215 229.75 SYSCO MINNESOTA INC 447992252 11/30/2023 20231215 980.65 CHECK 491032 TOTAL: 1,210.40 491033 12/15/2023 PRTD 160291 THIES, KENNETH 825671 11/20/2023 20231215 900.00 CHECK 491033 TOTAL: 900.00 491034 12/15/2023 PRTD 102798 THOMSON REUTERS - WEST 849366182 12/03/2023 20231215 274.00 CHECK 491034 TOTAL: 274.00 491035 12/15/2023 PRTD 123129 TIMESAVER OFF SITE SECRETARIAL IN M28728 11/14/2023 20231215 310.00 CHECK 491035 TOTAL: 310.00 491036 12/15/2023 PRTD 123470 TOTAL ENTERTAINMENT/KIDSDANCE PRO 8579 09/21/2023 20231215 550.00 CHECK 491036 TOTAL: 550.00 491037 12/15/2023 PRTD 108660 TWIN CITIES FLAG SOURCE INC 38360 11/15/2023 20231215 75.00 CHECK 491037 TOTAL: 75.00 491038 12/15/2023 PRTD 101046 TWIN CITY FILTER SERVICE INC 0750391-IN 11/15/2023 20231215 247.44 CHECK 491038 TOTAL: 247.44 491039 12/15/2023 PRTD 160596 TWIN CITY OUTDOOR SERVICES SM-8619 11/21/2023 20231215 2,917.00 TWIN CITY OUTDOOR SERVICES SM-8544 10/11/2023 20231215 10,617.00 CHECK 491039 TOTAL: 13,534.00 491040 12/15/2023 PRTD 160317 ARTINA GROUP 88583 11/20/2023 20231215 1,032.16 CHECK 491040 TOTAL: 1,032.16 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 44 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491041 12/15/2023 PRTD 146436 TYLER TECHNOLOGIES INC 045-428887 07/01/2023 20231215 8,562.60 CHECK 491041 TOTAL: 8,562.60 491042 12/15/2023 PRTD 145567 UNMAPPED BREWING COMPANY LLC E-3123 11/22/2023 20231215 95.00 UNMAPPED BREWING COMPANY LLC E-3131 11/29/2023 20231215 336.30 CHECK 491042 TOTAL: 431.30 491043 12/15/2023 PRTD 140954 URBAN GROWLER BREWING COMPANY E-34732 11/29/2023 20231215 260.00 CHECK 491043 TOTAL: 260.00 491044 12/15/2023 PRTD 114236 USA BLUE BOOK INV00202493 11/21/2023 20231215 604.40 CHECK 491044 TOTAL: 604.40 491045 12/15/2023 PRTD 101058 VAN PAPER COMPANY 052890 10/31/2023 20231215 81.99 VAN PAPER COMPANY 054651 11/16/2023 20231215 412.15 VAN PAPER COMPANY 054652 11/16/2023 20231215 77.32 VAN PAPER COMPANY 054665 11/16/2023 20231215 77.17 VAN PAPER COMPANY 054654 11/16/2023 20231215 76.64 VAN PAPER COMPANY 054655 11/16/2023 20231215 309.59 VAN PAPER COMPANY 055119 11/27/2023 20231215 400.73 VAN PAPER COMPANY OA00566 12/01/2023 20231215 -793.90 CHECK 491045 TOTAL: 641.69 491046 12/15/2023 PRTD 144209 VENN BREWING COMPANY LLC 5344 11/30/2023 20231215 228.00 VENN BREWING COMPANY LLC 5334 11/29/2023 20231215 247.00 CHECK 491046 TOTAL: 475.00 491047 12/15/2023 PRTD 141927 VER-TECH LABORATORIES INC INV000037368 11/22/2023 20231215 5,090.54 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 45 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491047 TOTAL: 5,090.54 491048 12/15/2023 PRTD 101063 VERSATILE VEHICLES 110435 11/16/2023 20231215 841.40 CHECK 491048 TOTAL: 841.40 491049 12/15/2023 PRTD 160319 VFA INC CI_110548 11/15/2023 22100049 20231215 17,589.80 CHECK 491049 TOTAL: 17,589.80 491050 12/15/2023 PRTD 101066 VIKING ELECTRIC SUPPLY S007533056.001 11/17/2023 20231215 460.60 CHECK 491050 TOTAL: 460.60 491051 12/15/2023 PRTD 160088 VINIFERA IMPORTS 326442 11/27/2023 20231215 690.00 CHECK 491051 TOTAL: 690.00 491052 12/15/2023 PRTD 119454 VINOCOPIA INC 0341565-IN 11/30/2023 20231215 490.00 VINOCOPIA INC 0341566-IN 11/30/2023 20231215 153.25 VINOCOPIA INC 0341567-IN 11/30/2023 20231215 624.75 VINOCOPIA INC 0341568-IN 11/30/2023 20231215 472.25 VINOCOPIA INC 0341579-IN 11/30/2023 20231215 720.75 VINOCOPIA INC 0341580-IN 11/30/2023 20231215 194.75 VINOCOPIA INC 0341577-IN 11/30/2023 20231215 217.25 VINOCOPIA INC 0341575-IN 11/30/2023 20231215 935.50 VINOCOPIA INC 0341576-IN 11/30/2023 20231215 721.75 CHECK 491052 TOTAL: 4,530.25 491053 12/15/2023 PRTD 120627 VISTAR 78421618-1 11/17/2023 20231215 1,305.38 VISTAR 70237018 11/18/2023 20231215 1,305.38 CHECK 491053 TOTAL: 2,610.76 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 46 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491054 12/15/2023 PRTD 130574 WATSON COMPANY 138327 11/20/2023 20231215 388.12 CHECK 491054 TOTAL: 388.12 491055 12/15/2023 PRTD 101033 WINE COMPANY 251899 11/15/2023 20231215 6,996.00 WINE COMPANY 252467 11/21/2023 20231215 3,276.00 WINE COMPANY 252977 11/29/2023 20231215 3,335.00 WINE COMPANY 252974 11/29/2023 20231215 640.00 WINE COMPANY 252986 11/29/2023 20231215 338.00 WINE COMPANY 252987 11/29/2023 20231215 2,842.00 WINE COMPANY 252975 11/29/2023 20231215 2,932.00 WINE COMPANY 252973 11/29/2023 20231215 224.00 CHECK 491055 TOTAL: 20,583.00 491056 12/15/2023 PRTD 144412 WINEBOW MN00139673 11/20/2023 20231215 672.00 WINEBOW MN00139955 11/29/2023 20231215 429.00 WINEBOW MN00139956 11/29/2023 20231215 90.00 WINEBOW MN00139960 11/28/2023 20231215 891.00 WINEBOW MN00139961 11/28/2023 20231215 999.00 WINEBOW MN00139670 11/20/2023 20231215 672.00 CHECK 491056 TOTAL: 3,753.00 491057 12/15/2023 PRTD 160914 WINGROVE, KATIE 23CAPF-Wingrove 11/22/2023 20231215 500.00 CHECK 491057 TOTAL: 500.00 491058 12/15/2023 PRTD 124503 WINSUPPLY EDEN PRAIRIE MN CO 252962 01 11/15/2023 20231215 6.58 CHECK 491058 TOTAL: 6.58 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 47 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491059 12/15/2023 PRTD 160680 WM MUELLER & SONS INC 295467 11/20/2023 20231215 168.00 CHECK 491059 TOTAL: 168.00 491060 12/15/2023 PRTD 142162 WOODEN HILL BREWING COMPANY LLC 4725 11/29/2023 20231215 696.30 CHECK 491060 TOTAL: 696.30 491061 12/15/2023 PRTD 160299 WOODEN SHIP BREWING COMPANY 000557 11/30/2023 20231215 235.20 CHECK 491061 TOTAL: 235.20 491062 12/15/2023 PRTD 127774 WORLDWIDE CELLARS INC INV-002692 11/28/2023 20231215 128.04 WORLDWIDE CELLARS INC INV-002696 11/29/2023 20231215 276.00 WORLDWIDE CELLARS INC INV-002695 11/28/2023 20231215 132.04 CHECK 491062 TOTAL: 536.08 491063 12/15/2023 PRTD 105740 WSB & ASSOCIATES R-022715-000 - 6 11/06/2023 22300017 20231215 4,797.50 CHECK 491063 TOTAL: 4,797.50 491064 12/15/2023 PRTD 103266 YORKDALE SHOPPES PARTNERS, LLC Dec 2023 12/01/2023 20231215 1,148.77 CHECK 491064 TOTAL: 1,148.77 491065 12/15/2023 PRTD 101572 ZARNOTH BRUSH WORKS INC 0196268-IN 11/15/2023 20231215 665.00 CHECK 491065 TOTAL: 665.00 491066 12/15/2023 PRTD 101091 ZIEGLER INC CM000176339 11/04/2023 20231215 -390.31 ZIEGLER INC CM000179459 11/18/2023 20231215 -390.31 ZIEGLER INC IN001258052 11/18/2023 20231215 514.78 ZIEGLER INC SI000413978 11/15/2023 22300054 20231215 19,802.11 ZIEGLER INC SI000416986 11/21/2023 20231215 846.87 ZIEGLER INC IN001256650 11/17/2023 20231215 3,797.27 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/14/2023 14:36User: MSchauerProgram ID: apcshdsb Page 48 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET ZIEGLER INC IN001261078 11/22/2023 20231215 1,858.80 CHECK 491066 TOTAL: 26,039.21 491067 12/15/2023 PRTD 136192 ZOLL MEDICAL CORPORATION 3815906DUP 10/24/2023 20231215 -3,004.68 ZOLL MEDICAL CORPORATION 90094369 11/07/2023 20231215 8,392.50 CHECK 491067 TOTAL: 5,387.82 NUMBER OF CHECKS 300 *** CASH ACCOUNT TOTAL *** 1,874,461.67 COUNT AMOUNT TOTAL PRINTED CHECKS 298 1,839,989.57 TOTAL WIRE TRANSFERS 2 34,472.10 *** GRAND TOTAL *** 1,874,461.67 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 44 JOURNAL ENTRIES TO BE CREATED FUND SUB FUND DUE TO DUE FR 1000 General 272,015.222100 Police Special Revenue 1,488.952100 Police Special Revenue 458.762300 Pedestrian and Cyclist Safety 233,117.542500 Conservation & Sustainability 4,270.002600 Housing & Redvlpmt Authority 234.502600 Housing & Redvlpmt Authority 329,174.782600 Housing & Redvlpmt Authority 159.772600 Housing & Redvlpmt Authority 46,781.114000 Capital Projects 205,676.944200 Equipment Replacement 3,605.004400 PIR Capital Projects 445,541.965100 Art Center 500.005200 Braemar Golf Course 34,902.295200 Braemar Golf Course 9,915.065300 Aquatic Center 11,083.995400 Edinborough Park 11,820.555500 Braemar Arena 34,847.565600 Braemar Field 4,864.715700 Centennial Lakes 1,420.255800 Liquor 193,604.575900 Utility Fund 168,389.815900 Utility Fund 79,424.575900 Utility Fund 251,513.196000 Risk Management 37,767.546100 Equipment Operations 60,290.716200 Information Technology 70,514.946300 Facilities Management 501.747100 PS Training Facility 1,889.117200 MN Task Force 1 3,356.379000 Payroll 505,373.349999 Pooled Cash Fund 3,024,504.83 TOTAL 3,024,504.83 3,024,504.83 ** END OF REPORT - Generated by Mallory Schauer ** City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 1 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 142 12/22/2023 WIRE 100858 LOGIS 54217 12/01/2023 30,324.00 CHECK 142 TOTAL: 30,324.00 491068 12/22/2023 PRTD 133522 AARP DRIVER SAFETY PROGRAM C23866 12/02/2023 20231222 270.00 CHECK 491068 TOTAL: 270.00 491069 12/22/2023 PRTD 160930 ABLE SPRINKLER 33892 11/22/2023 20231222 236.16 CHECK 491069 TOTAL: 236.16 491070 12/22/2023 PRTD 129458 ACME ELECTRIC MOTOR INC 12086269 11/30/2023 20231222 21.97 ACME ELECTRIC MOTOR INC 12094260 12/01/2023 20231222 2,497.99 ACME ELECTRIC MOTOR INC 12095569 12/01/2023 20231222 753.28 CHECK 491070 TOTAL: 3,273.24 491071 12/22/2023 PRTD 143143 TORRES, ARMANDO CHAVEZ 2640 12/01/2023 20231222 1,000.00 CHECK 491071 TOTAL: 1,000.00 491072 12/22/2023 PRTD 133504 AID ELECTRIC CORPORATION 76388-1 10/25/2023 20231222 1,048.00 AID ELECTRIC CORPORATION 76403-Labor 10/26/2023 20231222 2,030.50 AID ELECTRIC CORPORATION 76419-LABOR 10/26/2023 20231222 1,315.52 CHECK 491072 TOTAL: 4,394.02 491073 12/22/2023 PRTD 120796 ALERUS RETIREMENT AND BENEFITS C150333 12/05/2023 20231222 248.00 CHECK 491073 TOTAL: 248.00 491074 12/22/2023 PRTD 160095 AM CRAFT SPIRITS SALES & MARKETIN 17987 12/06/2023 20231222 64.70 CHECK 491074 TOTAL: 64.70 491075 12/22/2023 PRTD 141960 AMAZON CAPITAL SERVICES 1XD4-P9QL-D9NR 11/27/2023 20231222 79.04 AMAZON CAPITAL SERVICES 1RLF-TTRR-FCMY 11/27/2023 20231222 62.34 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 2 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET AMAZON CAPITAL SERVICES 1JVG-WCWF-G3MD 11/27/2023 20231222 12.80 AMAZON CAPITAL SERVICES 1DDH-LM3L-LKNJ 11/28/2023 20231222 27.00 AMAZON CAPITAL SERVICES 14Q1-39HL-MKK3 11/28/2023 20231222 44.94 AMAZON CAPITAL SERVICES 1XR1-MHQG-1RPY 11/28/2023 20231222 15.98 AMAZON CAPITAL SERVICES 1HT1-XPK1-74NP 11/29/2023 20231222 21.22 AMAZON CAPITAL SERVICES 1PG6-DYF7-73NH 11/29/2023 20231222 15.20 AMAZON CAPITAL SERVICES 14QN-3K9V-6QK1 11/29/2023 20231222 11.33 AMAZON CAPITAL SERVICES 1PWF-T17W-C1QH 11/30/2023 20231222 32.99 AMAZON CAPITAL SERVICES 17F3-FH4V-FRR4 11/30/2023 20231222 78.35 AMAZON CAPITAL SERVICES 1RNY-HCXR-FPFD 11/30/2023 20231222 34.28 AMAZON CAPITAL SERVICES 1VQT-CKDR-1973 11/30/2023 20231222 178.00 AMAZON CAPITAL SERVICES 1YDP-XKGV-3FHM 11/30/2023 20231222 66.51 AMAZON CAPITAL SERVICES 1TLR-D1VV-6FKM 11/30/2023 20231222 33.16 AMAZON CAPITAL SERVICES 14VT-FQYQ-LKLN 12/01/2023 20231222 37.89 CHECK 491075 TOTAL: 751.03 491076 12/22/2023 PRTD 151441 ARAMARK UNIFORM AND CAREER APPEAL 2500359859 11/27/2023 20231222 265.85 ARAMARK UNIFORM AND CAREER APPEAL 2500360334 11/28/2023 20231222 253.91 ARAMARK UNIFORM AND CAREER APPEAL 2500360346 11/28/2023 20231222 147.36 CHECK 491076 TOTAL: 667.12 491077 12/22/2023 PRTD 100636 ASTLEFORD EQUIPMENT COMPANY INC 02P33121 11/27/2023 20231222 84.88 ASTLEFORD EQUIPMENT COMPANY INC 02P33321 11/29/2023 20231222 91.49 CHECK 491077 TOTAL: 176.37 491078 12/22/2023 PRTD 100920 GENUINE PARTS COMPANY 2122-017467 11/28/2023 20231222 5.96 CHECK 491078 TOTAL: 5.96 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 3 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491079 12/22/2023 PRTD 100643 BARR ENGINEERING CO 23271898.01-17 11/26/2023 20231222 10,175.00 BARR ENGINEERING CO 23272028.00 - 2 11/30/2023 20231222 6,087.50 BARR ENGINEERING CO 23271996.00-8 12/01/2023 20231222 3,624.50 CHECK 491079 TOTAL: 19,887.00 491080 12/22/2023 PRTD 142186 BAYCOM INC EQUIPINV_042565-1 02/28/2023 20231222 3,605.00 CHECK 491080 TOTAL: 3,605.00 491081 12/22/2023 PRTD 138059 BCD CONSULTING GROUP 120523 12/05/2023 20231222 4,262.50 CHECK 491081 TOTAL: 4,262.50 491082 12/22/2023 PRTD 100646 BECKER ARENA PRODUCTS INC 611093 11/28/2023 20231222 1,460.00 CHECK 491082 TOTAL: 1,460.00 491083 12/22/2023 PRTD 101355 BELLBOY CORPORATION 0201756900 11/30/2023 20231222 941.30 BELLBOY CORPORATION 0107712800 12/07/2023 20231222 50.93 BELLBOY CORPORATION 0201826300 12/07/2023 20231222 1,487.10 BELLBOY CORPORATION 0201826100 12/07/2023 20231222 97.65 BELLBOY CORPORATION 0201827200 12/07/2023 20231222 889.65 BELLBOY CORPORATION 0201826900 12/07/2023 20231222 1,182.03 BELLBOY CORPORATION 0107712500 12/07/2023 20231222 258.93 BELLBOY CORPORATION 0201825700 12/07/2023 20231222 251.30 BELLBOY CORPORATION 0201825500 12/07/2023 20231222 754.95 CHECK 491083 TOTAL: 5,913.84 491084 12/22/2023 PRTD 117379 BENIEK PROPERTY SERVICES INC 161775 12/01/2023 20231222 1,182.79 CHECK 491084 TOTAL: 1,182.79 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 4 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491085 12/22/2023 PRTD 126847 BERRY COFFEE COMPANY 982585 11/29/2023 20231222 1,183.46 CHECK 491085 TOTAL: 1,183.46 491086 12/22/2023 PRTD 141961 MIDAMERICAN ENERGY SERVICES LLC 11951252 11/28/2023 20231222 5,095.47 CHECK 491086 TOTAL: 5,095.47 491087 12/22/2023 PRTD 142153 BLACK STACK BREWING INC 25287 12/06/2023 20231222 437.00 BLACK STACK BREWING INC 25288 12/06/2023 20231222 960.00 BLACK STACK BREWING INC 25286 12/07/2023 20231222 200.00 CHECK 491087 TOTAL: 1,597.00 491088 12/22/2023 PRTD 104347 BLUUM OF MINNESOTA LLC opp 35468-1 11/30/2023 20231222 96,913.51 CHECK 491088 TOTAL: 96,913.51 491089 12/22/2023 PRTD 132444 BOLTON & MENK INC 0326086 11/30/2023 20231222 1,756.00 BOLTON & MENK INC 0326087 11/30/2023 20231222 3,006.50 BOLTON & MENK INC 0325798 11/30/2023 20231222 4,718.00 BOLTON & MENK INC 0325799 11/30/2023 20231222 4,893.00 BOLTON & MENK INC 0317274 07/26/2023 20231222 11,277.50 CHECK 491089 TOTAL: 25,651.00 491090 12/22/2023 PRTD 105367 BOUND TREE MEDICAL LLC 85167867 11/28/2023 20231222 206.16 BOUND TREE MEDICAL LLC 85169456 11/29/2023 20231222 425.84 CHECK 491090 TOTAL: 632.00 491091 12/22/2023 PRTD 119351 BOURGET IMPORTS 202278 12/05/2023 20231222 282.00 BOURGET IMPORTS 202279 12/05/2023 20231222 720.00 CHECK 491091 TOTAL: 1,002.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 5 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491092 12/22/2023 PRTD 117040 BOYER FORD TRUCKS INC 098P3787 11/28/2023 20231222 4,998.75 BOYER FORD TRUCKS INC 098P4003 11/29/2023 20231222 6,494.18 BOYER FORD TRUCKS INC 098P4038 11/30/2023 20231222 127.98 BOYER FORD TRUCKS INC 095S1801 11/30/2023 20231222 16,699.64 BOYER FORD TRUCKS INC 098P4309 12/06/2023 20231222 -1,625.76 BOYER FORD TRUCKS INC 098P4310 12/06/2023 20231222 -1,031.25 CHECK 491092 TOTAL: 25,663.54 491093 12/22/2023 PRTD 124291 BREAKTHRU BEVERAGE MINNESOTA WINE 113371060 12/06/2023 20231222 183.59 BREAKTHRU BEVERAGE MINNESOTA WINE 113371058 12/06/2023 20231222 1,749.80 BREAKTHRU BEVERAGE MINNESOTA WINE 113064524 11/15/2023 20231222 3,468.25 BREAKTHRU BEVERAGE MINNESOTA WINE 113371057 12/06/2023 20231222 997.85 BREAKTHRU BEVERAGE MINNESOTA WINE 113371059 12/06/2023 20231222 901.15 BREAKTHRU BEVERAGE MINNESOTA WINE 113371076 12/06/2023 20231222 397.30 BREAKTHRU BEVERAGE MINNESOTA WINE 113371078 12/06/2023 20231222 901.15 BREAKTHRU BEVERAGE MINNESOTA WINE 113371079 12/06/2023 20231222 121.15 BREAKTHRU BEVERAGE MINNESOTA WINE 113371074 12/06/2023 20231222 3,759.00 BREAKTHRU BEVERAGE MINNESOTA WINE 113371075 12/06/2023 20231222 199.15 BREAKTHRU BEVERAGE MINNESOTA WINE 113371073 12/06/2023 20231222 3,234.45 CHECK 491093 TOTAL: 15,912.84 491094 12/22/2023 PRTD 124529 BREAKTHRU BEVERAGE MINNESOTA BEER 113229611 11/28/2023 20231222 9,867.45 BREAKTHRU BEVERAGE MINNESOTA BEER 113343341 12/05/2023 20231222 8,906.50 BREAKTHRU BEVERAGE MINNESOTA BEER 411712471 12/06/2023 20231222 -24.80 BREAKTHRU BEVERAGE MINNESOTA BEER 411594392 11/03/2023 20231222 -2.20 BREAKTHRU BEVERAGE MINNESOTA BEER 411594394 11/03/2023 20231222 -6.92 BREAKTHRU BEVERAGE MINNESOTA BEER 411594393 11/03/2023 20231222 -7.69 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 6 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET BREAKTHRU BEVERAGE MINNESOTA BEER 411594391 11/03/2023 20231222 -12.80 BREAKTHRU BEVERAGE MINNESOTA BEER 411679283 11/29/2023 20231222 -27.20 BREAKTHRU BEVERAGE MINNESOTA BEER 113345067 12/05/2023 20231222 39.20 BREAKTHRU BEVERAGE MINNESOTA BEER 113343343 12/05/2023 20231222 2,965.35 BREAKTHRU BEVERAGE MINNESOTA BEER 113343342 12/05/2023 20231222 6,951.55 BREAKTHRU BEVERAGE MINNESOTA BEER 113345066 12/06/2023 20231222 347.10 CHECK 491094 TOTAL: 28,995.54 491095 12/22/2023 PRTD 120935 CAMPBELL KNUTSON PA 11-2023-2851 11/30/2023 20231222 13,869.16 CHECK 491095 TOTAL: 13,869.16 491096 12/22/2023 PRTD 119455 CAPITOL BEVERAGE SALES LP 2919508 12/01/2023 20231222 388.55 CAPITOL BEVERAGE SALES LP 2919506 12/01/2023 20231222 203.92 CAPITOL BEVERAGE SALES LP 2919509 12/01/2023 20231222 3,488.95 CAPITOL BEVERAGE SALES LP 2919504 12/01/2023 20231222 -26.40 CAPITOL BEVERAGE SALES LP 2921247 12/06/2023 20231222 6,265.60 CAPITOL BEVERAGE SALES LP 2921246 12/06/2023 20231222 130.00 CAPITOL BEVERAGE SALES LP 2922328 12/08/2023 20231222 1,502.30 CAPITOL BEVERAGE SALES LP 2922327 12/08/2023 20231222 80.00 CAPITOL BEVERAGE SALES LP 2922329 12/08/2023 20231222 424.00 CAPITOL BEVERAGE SALES LP 2922330 12/08/2023 20231222 1,642.10 CHECK 491096 TOTAL: 14,099.02 491097 12/22/2023 PRTD 143702 CARAHSOFT TECHNOLOGY CORPORATION 26876708 11/29/2023 20231222 2,534.00 CHECK 491097 TOTAL: 2,534.00 491098 12/22/2023 PRTD 160207 JASON THOMAS CARDINAL EPD23-14 11/29/2023 20231222 840.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 7 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491098 TOTAL: 840.00 491099 12/22/2023 PRTD 144675 CARLOS CREEK WINERY INC 37716 12/07/2023 20231222 156.00 CHECK 491099 TOTAL: 156.00 491100 12/22/2023 PRTD 160925 CARMONG, ADRIANA 100 11/16/2023 20231222 500.00 CHECK 491100 TOTAL: 500.00 491101 12/22/2023 PRTD 142533 CADD ENGR SUPPLY INC INV157415 11/27/2023 20231222 16.95 CADD ENGR SUPPLY INC INV157543 11/29/2023 20231222 95.00 CHECK 491101 TOTAL: 111.95 491102 12/22/2023 PRTD 142028 CINTAS CORPORATION 4175123446 11/27/2023 20231222 19.20 CINTAS CORPORATION 4175123428 11/27/2023 20231222 118.52 CHECK 491102 TOTAL: 137.72 491103 12/22/2023 PRTD 103216 MINNEAPOLIS FIRE DEPARTMENT MFD-12/23-1 12/05/2023 20231222 2,012.37 CHECK 491103 TOTAL: 2,012.37 491104 12/22/2023 PRTD 139927 CITY OF ROCHESTER MN RFD-12/23-1 12/05/2023 20231222 1,317.00 CHECK 491104 TOTAL: 1,317.00 491105 12/22/2023 PRTD 146472 CITY WIDE MAINTENANCE OF MN 42009009780 11/28/2023 20231222 2,000.00 CITY WIDE MAINTENANCE OF MN 42009009783 11/28/2023 20231222 3,054.00 CITY WIDE MAINTENANCE OF MN 42009009902 11/29/2023 20231222 340.00 CITY WIDE MAINTENANCE OF MN 42009009925 11/29/2023 20231222 4,115.70 CHECK 491105 TOTAL: 9,509.70 491106 12/22/2023 PRTD 130477 MCDONALD DISTRIBUTING COMPANY 722034 12/05/2023 20231222 254.25 MCDONALD DISTRIBUTING COMPANY 718807 11/14/2023 20231222 1,317.50 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 8 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET MCDONALD DISTRIBUTING COMPANY 722104 12/07/2023 20231222 258.25 MCDONALD DISTRIBUTING COMPANY 721994 12/06/2023 20231222 171.85 CHECK 491106 TOTAL: 2,001.85 491107 12/22/2023 PRTD 145926 CLEARWATER ANALYTICS LLC 608200 11/30/2023 20231222 966.92 CLEARWATER ANALYTICS LLC 602957 07/31/2023 20231222 1,071.49 CLEARWATER ANALYTICS LLC 604118 08/31/2023 20231222 1,022.56 CHECK 491107 TOTAL: 3,060.97 491108 12/22/2023 PRTD 120433 COMCAST 0007539-10/2023DUP 10/24/2023 20231222 -846.08 COMCAST 0007539-12/23 12/08/2023 20231222 849.25 COMCAST 0007539-11/23 11/08/2023 20231222 844.80 CHECK 491108 TOTAL: 847.97 491109 12/22/2023 PRTD 120433 COMCAST 0161120-11/23 11/26/2023 20231222 20.92 CHECK 491109 TOTAL: 20.92 491110 12/22/2023 PRTD 120433 COMCAST 0540232-12/23 12/08/2023 20231222 139.83 CHECK 491110 TOTAL: 139.83 491111 12/22/2023 PRTD 142022 COMPASS MINERALS AMERICA INC 1257340 11/29/2023 20231222 97,315.85 CHECK 491111 TOTAL: 97,315.85 491112 12/22/2023 PRTD 135711 CONFLUENCE INC 27782 11/27/2023 20231222 27,921.15 CONFLUENCE INC 28007 12/14/2023 20231222 32,541.70 CHECK 491112 TOTAL: 60,462.85 491113 12/22/2023 PRTD 160926 COOK, NATHANIEL 23CAPF-Cook 12/05/2023 20231222 1,400.00 CHECK 491113 TOTAL: 1,400.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 9 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491114 12/22/2023 PRTD 142772 CREATIVE ARCADE 1921 12/01/2023 20231222 950.00 CHECK 491114 TOTAL: 950.00 491115 12/22/2023 PRTD 122132 CREATIVE PRODUCT SOURCING INC 155457 11/29/2023 20231222 902.10 CHECK 491115 TOTAL: 902.10 491116 12/22/2023 PRTD 104020 DALCO ENTERPRISES INC 4165888 11/30/2023 20231222 526.86 CHECK 491116 TOTAL: 526.86 491117 12/22/2023 PRTD 160780 DANGEROUS MAN BREWING CO LLC IN-2058 12/07/2023 20231222 630.00 DANGEROUS MAN BREWING CO LLC IN-2047 12/06/2023 20231222 164.00 DANGEROUS MAN BREWING CO LLC IN-2059 12/07/2023 20231222 158.00 CHECK 491117 TOTAL: 952.00 491118 12/22/2023 PRTD 118189 DEM-CON COMPANIES LLC 17330 11/30/2023 20231222 563.19 CHECK 491118 TOTAL: 563.19 491119 12/22/2023 PRTD 123995 DICKS SANITATION SERIVCE INC 9907326T460 12/01/2023 20231222 698.54 CHECK 491119 TOTAL: 698.54 491120 12/22/2023 PRTD 101479 DVORSAK MATERIAL HANDLING EQUIPME 33380 11/28/2023 20231222 557.06 CHECK 491120 TOTAL: 557.06 491121 12/22/2023 PRTD 160060 DOMACE VINO LLC 27369 12/06/2023 20231222 675.00 DOMACE VINO LLC 27368 12/07/2023 20231222 183.00 CHECK 491121 TOTAL: 858.00 491122 12/22/2023 PRTD 132810 ECM PUBLISHERS INC 975303 11/30/2023 20231222 264.60 ECM PUBLISHERS INC 975302 11/30/2023 20231222 321.30 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 10 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491122 TOTAL: 585.90 491123 12/22/2023 PRTD 101630 EDINA COMMUNITY EDUCATION 160445 12/13/2023 20231222 632.00 EDINA COMMUNITY EDUCATION 160446 12/13/2023 20231222 307.00 EDINA COMMUNITY EDUCATION 160448 12/13/2023 20231222 249.50 EDINA COMMUNITY EDUCATION 160450 12/13/2023 20231222 206.00 EDINA COMMUNITY EDUCATION 160451 12/13/2023 20231222 207.74 CHECK 491123 TOTAL: 1,602.24 491124 12/22/2023 PRTD 103594 EDINALARM INC 98582 12/01/2023 20231222 457.91 EDINALARM INC 98599 12/01/2023 20231222 484.07 CHECK 491124 TOTAL: 941.98 491125 12/22/2023 PRTD 122792 EMERGENCY AUTOMOTIVE TECHNOLOGIES SVC2341 11/28/2023 20231222 685.75 CHECK 491125 TOTAL: 685.75 491126 12/22/2023 PRTD 104733 EMERGENCY MEDICAL PRODUCTS INC 2600315 11/30/2023 20231222 3,357.76 EMERGENCY MEDICAL PRODUCTS INC 2600322 11/30/2023 20231222 432.40 CHECK 491126 TOTAL: 3,790.16 491127 12/22/2023 PRTD 137540 EMSL ANALYTICAL INC 16422794DUP 10/24/2023 20231222 -300.00 EMSL ANALYTICAL INC 35176240 10/31/2023 20231222 91.80 EMSL ANALYTICAL INC 35176441 11/06/2023 20231222 36.00 EMSL ANALYTICAL INC 87455794 10/18/2023 20231222 76.00 EMSL ANALYTICAL INC 16427429 11/10/2023 20231222 487.00 CHECK 491127 TOTAL: 390.80 491128 12/22/2023 PRTD 117375 ESRI 94610165 11/25/2023 22200073 20231222 44,285.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 11 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491128 TOTAL: 44,285.00 491129 12/22/2023 PRTD 160613 FIDELITY SECURITY LIFE INSURANCE 165996913 11/01/2023 20231222 1,059.19 FIDELITY SECURITY LIFE INSURANCE 166039396 12/01/2023 20231222 1,070.66 CHECK 491129 TOTAL: 2,129.85 491130 12/22/2023 PRTD 100146 ELLIOTT AUTO SUPPLY CO, INC 69-509038 11/27/2023 20231222 230.53 ELLIOTT AUTO SUPPLY CO, INC 1-Z34185 11/28/2023 20231222 694.28 CHECK 491130 TOTAL: 924.81 491131 12/22/2023 PRTD 147181 FALLING BREWERY - BERGMAN LEDGE L E-12534 12/08/2023 20231222 309.00 FALLING BREWERY - BERGMAN LEDGE L E-12536 12/08/2023 20231222 321.00 FALLING BREWERY - BERGMAN LEDGE L E-12535 12/08/2023 20231222 201.00 CHECK 491131 TOTAL: 831.00 491132 12/22/2023 PRTD 116492 BRIDGETOWER OPCO, LLC 745658489 11/30/2023 20231222 229.62 CHECK 491132 TOTAL: 229.62 491133 12/22/2023 PRTD 101603 FLAHERTY'S HAPPY TYME CO 40757 01/30/2023 20231222 -19.50 FLAHERTY'S HAPPY TYME CO 39251 11/20/2023 20231222 156.00 FLAHERTY'S HAPPY TYME CO 39252 11/21/2023 20231222 214.50 FLAHERTY'S HAPPY TYME CO 39254 11/20/2023 20231222 156.00 CHECK 491133 TOTAL: 507.00 491134 12/22/2023 PRTD 160664 FLOCK GROUP INC INV-27801 12/08/2023 20231222 22,500.00 CHECK 491134 TOTAL: 22,500.00 491135 12/22/2023 PRTD 102727 FORCE AMERICA DISTRIBUTING LLC IN001-1782259 12/01/2023 20231222 98.91 CHECK 491135 TOTAL: 98.91 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 12 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491136 12/22/2023 PRTD 160289 GOLF COMPETE INC 12-2023-25972 12/01/2023 20231222 1,655.01 CHECK 491136 TOTAL: 1,655.01 491137 12/22/2023 PRTD 160412 MKM BRANDS INC 253 11/25/2023 20231222 990.00 CHECK 491137 TOTAL: 990.00 491138 12/22/2023 PRTD 102456 GALLS PARENT HOLDINGS LLC 026368743 11/27/2023 20231222 2,411.00 GALLS PARENT HOLDINGS LLC 026368745 11/27/2023 20231222 41.28 GALLS PARENT HOLDINGS LLC 026370867 11/27/2023 20231222 1,301.94 GALLS PARENT HOLDINGS LLC 026371387 11/27/2023 20231222 -2,411.00 GALLS PARENT HOLDINGS LLC 026393997 11/30/2023 20231222 116.30 GALLS PARENT HOLDINGS LLC 026394017 11/30/2023 20231222 56.58 GALLS PARENT HOLDINGS LLC 026394064 11/29/2023 20231222 69.92 CHECK 491138 TOTAL: 1,586.02 491139 12/22/2023 PRTD 160475 GEISLINGER AND SONS INC 648 11/27/2023 20231222 18,715.00 CHECK 491139 TOTAL: 18,715.00 491140 12/22/2023 PRTD 130052 MARK SHIRLEY 1942 12/01/2023 20231222 384.00 CHECK 491140 TOTAL: 384.00 491141 12/22/2023 PRTD 146181 GMH ASPHALT CORPORATION ENG 23-1 #5 11/30/2023 20231222 710,686.45 GMH ASPHALT CORPORATION ENG22-3 #15 11/03/2023 20231222 234,254.03 CHECK 491141 TOTAL: 944,940.48 491142 12/22/2023 PRTD 160231 BOLDENOW, CINDY GG231206 11/28/2023 20231222 3,000.00 CHECK 491142 TOTAL: 3,000.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 13 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491143 12/22/2023 PRTD 160842 GOVHR USA LLC 2-12-23-750 12/06/2023 20231222 1,825.15 CHECK 491143 TOTAL: 1,825.15 491144 12/22/2023 PRTD 101103 WW GRAINGER 9914356606 11/24/2023 20231222 46.72 WW GRAINGER 9914149076 11/24/2023 20231222 501.74 WW GRAINGER 9914356598 11/24/2023 20231222 2,434.50 WW GRAINGER 9916521694 11/28/2023 20231222 179.38 WW GRAINGER 9917093081 11/28/2023 20231222 279.12 CHECK 491144 TOTAL: 3,441.46 491145 12/22/2023 PRTD 131517 GREAT LAKES WEATHER SERVICES LLC 102307 09/30/2023 20231222 1,670.00 CHECK 491145 TOTAL: 1,670.00 491146 12/22/2023 PRTD 160935 GREEN BUSINESS CERTIFICATION INC 91714031 12/06/2023 20231222 10,500.00 CHECK 491146 TOTAL: 10,500.00 491147 12/22/2023 PRTD 129108 HAAG COMPANIES INC 4-490072 11/29/2023 20231222 68.00 HAAG COMPANIES INC 4-490094 11/29/2023 20231222 68.00 CHECK 491147 TOTAL: 136.00 491148 12/22/2023 PRTD 102426 HALE, WILLIAM 24EP0001 12/08/2023 20231222 250.00 CHECK 491148 TOTAL: 250.00 491149 12/22/2023 PRTD 100797 HAWKINS INC 6634052 11/27/2023 20231222 15,752.19 HAWKINS INC 6637769 12/01/2023 20231222 5,121.60 CHECK 491149 TOTAL: 20,873.79 491150 12/22/2023 PRTD 143563 HEADFLYER BREWING E-5401 12/01/2023 20231222 181.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 14 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491150 TOTAL: 181.00 491151 12/22/2023 PRTD 122093 GROUP HEALTHPLAN INC 125297692 12/01/2023 20231222 25,720.69 GROUP HEALTHPLAN INC 125303956 12/01/2023 20231222 485,137.24 CHECK 491151 TOTAL: 510,857.93 491152 12/22/2023 PRTD 103085 HENNEPIN COUNTY ACCOUNTING SERVIC 1000215588 12/01/2023 20231222 58.00 CHECK 491152 TOTAL: 58.00 491153 12/22/2023 PRTD 103085 HENNEPIN COUNTY ACCOUNTING SERVIC 1000215622 12/05/2023 20231222 3,400.74 CHECK 491153 TOTAL: 3,400.74 491154 12/22/2023 PRTD 103085 HENNEPIN COUNTY ACCOUNTING SERVIC 1000214329 11/02/2023 20231222 1,970.27 CHECK 491154 TOTAL: 1,970.27 491155 12/22/2023 PRTD 103085 HENNEPIN COUNTY PROPERTY TAX TIF#1218-2 12/06/2023 20231222 159.77 CHECK 491155 TOTAL: 159.77 491156 12/22/2023 PRTD 103085 HENNEPIN COUNTY ATTORNEY'S OFFICE 19000657 12/18/2023 20231222 458.76 CHECK 491156 TOTAL: 458.76 491157 12/22/2023 PRTD 101871 HENNEPIN COUNTY FIRE CHIEFS ASSN 23-040 10/23/2023 20231222 300.00 CHECK 491157 TOTAL: 300.00 491158 12/22/2023 PRTD 118765 HENRY SCHEIN INC 60769267 11/03/2023 20231222 302.40 CHECK 491158 TOTAL: 302.40 491159 12/22/2023 PRTD 104375 HOHENSTEINS INC 669757 12/05/2023 20231222 613.50 HOHENSTEINS INC 669750 12/05/2023 20231222 195.50 HOHENSTEINS INC 669769 12/05/2023 20231222 742.50 HOHENSTEINS INC 669758 12/05/2023 20231222 1,194.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 15 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET HOHENSTEINS INC 669759 12/05/2023 20231222 56.00 HOHENSTEINS INC 669760 12/05/2023 20231222 135.00 HOHENSTEINS INC 669764 12/06/2023 20231222 123.50 HOHENSTEINS INC 669765 12/06/2023 20231222 27.00 HOHENSTEINS INC 669766 12/06/2023 20231222 1,210.20 CHECK 491159 TOTAL: 4,297.20 491160 12/22/2023 PRTD 146427 LUCID BREWING LLC 17430 12/07/2023 20231222 102.00 CHECK 491160 TOTAL: 102.00 491161 12/22/2023 PRTD 146407 INGCO INTERNATIONAL 605349 11/29/2023 20231222 1,000.00 CHECK 491161 TOTAL: 1,000.00 491162 12/22/2023 PRTD 160653 INSIGHT BREWING COMPANY LLC 9770 12/06/2023 20231222 407.17 INSIGHT BREWING COMPANY LLC 9771 12/06/2023 20231222 495.00 INSIGHT BREWING COMPANY LLC 9785 12/07/2023 20231222 146.25 INSIGHT BREWING COMPANY LLC 9784 12/07/2023 20231222 73.90 CHECK 491162 TOTAL: 1,122.32 491163 12/22/2023 PRTD 160597 DAKOTA FENCE COMPANY 148395 11/30/2023 20231222 1,962.62 CHECK 491163 TOTAL: 1,962.62 491164 12/22/2023 PRTD 100818 INTERSTATE POWER SYSTEMS INC R001204145:01 11/27/2023 20231222 1,209.20 CHECK 491164 TOTAL: 1,209.20 491165 12/22/2023 PRTD 160768 I & S GROUP INC 98386 10/31/2023 20231222 9,175.70 I & S GROUP INC 98385 10/31/2023 20231222 21,527.50 CHECK 491165 TOTAL: 30,703.20 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 16 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491166 12/22/2023 PRTD 100828 JERRY'S ENTERPRISES INC Nov STMT 2023 12/01/2023 20231222 55.59 CHECK 491166 TOTAL: 55.59 491167 12/22/2023 PRTD 100828 JERRY'S ENTERPRISES INC 94589 11/06/2023 20231222 250.00 CHECK 491167 TOTAL: 250.00 491168 12/22/2023 PRTD 102146 JESSEN PRESS INC 691570-1 11/30/2023 20231222 3,215.00 CHECK 491168 TOTAL: 3,215.00 491169 12/22/2023 PRTD 135045 JOHN A DALSIN & SON INC 24122 11/30/2023 20231222 10,480.00 CHECK 491169 TOTAL: 10,480.00 491170 12/22/2023 PRTD 100835 ARTISAN BEER COMPANY 3645971 12/07/2023 20231222 1,592.10 ARTISAN BEER COMPANY 3645972 12/07/2023 20231222 1,467.90 ARTISAN BEER COMPANY 379518 12/12/2023 20231222 -56.98 ARTISAN BEER COMPANY 3645970 12/07/2023 20231222 216.80 ARTISAN BEER COMPANY 3645969 12/07/2023 20231222 24.60 ARTISAN BEER COMPANY 3646101 12/07/2023 20231222 110.70 ARTISAN BEER COMPANY 3645968 12/07/2023 20231222 952.40 ARTISAN BEER COMPANY 3645974 12/07/2023 20231222 147.60 ARTISAN BEER COMPANY 3646100 12/07/2023 20231222 73.80 ARTISAN BEER COMPANY 3645973 12/07/2023 20231222 2,428.98 CHECK 491170 TOTAL: 6,957.90 491171 12/22/2023 PRTD 100835 PHILLIPS WINE & SPIRITS 6688438 11/10/2023 20231222 706.00 PHILLIPS WINE & SPIRITS 6701366 12/07/2023 20231222 222.45 PHILLIPS WINE & SPIRITS 6701368 12/07/2023 20231222 134.90 PHILLIPS WINE & SPIRITS 6701365 12/07/2023 20231222 794.05 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 17 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET PHILLIPS WINE & SPIRITS 6701369 12/07/2023 20231222 271.40 PHILLIPS WINE & SPIRITS 6701371 12/07/2023 20231222 963.30 PHILLIPS WINE & SPIRITS 6701370 12/07/2023 20231222 605.30 CHECK 491171 TOTAL: 3,697.40 491172 12/22/2023 PRTD 100835 WINE MERCHANTS 7452864 12/01/2023 20231222 1,134.40 WINE MERCHANTS 6701367 12/07/2023 20231222 766.10 WINE MERCHANTS 7453606 12/07/2023 20231222 4,101.44 WINE MERCHANTS 7453605 12/07/2023 20231222 77.40 WINE MERCHANTS 7453604 12/07/2023 20231222 3,986.38 WINE MERCHANTS 7453607 12/08/2023 20231222 5,472.72 CHECK 491172 TOTAL: 15,538.44 491173 12/22/2023 PRTD 100835 JOHNSON BROTHERS LIQUOR CO 2425809 11/16/2023 20231222 2,866.66 JOHNSON BROTHERS LIQUOR CO 2434427 11/30/2023 20231222 1,797.60 JOHNSON BROTHERS LIQUOR CO 2434428 12/04/2023 20231222 640.40 JOHNSON BROTHERS LIQUOR CO 2439278 12/07/2023 20231222 498.64 JOHNSON BROTHERS LIQUOR CO 2439291 12/07/2023 20231222 2,404.40 JOHNSON BROTHERS LIQUOR CO 2439295 12/07/2023 20231222 3,967.55 JOHNSON BROTHERS LIQUOR CO 2439299 12/07/2023 20231222 299.20 JOHNSON BROTHERS LIQUOR CO 2439283 12/07/2023 20231222 619.20 JOHNSON BROTHERS LIQUOR CO 2439279 12/07/2023 20231222 1,434.21 JOHNSON BROTHERS LIQUOR CO 2439290 12/07/2023 20231222 439.00 JOHNSON BROTHERS LIQUOR CO 2439298 12/07/2023 20231222 584.40 JOHNSON BROTHERS LIQUOR CO 2439289 12/07/2023 20231222 33.40 JOHNSON BROTHERS LIQUOR CO 2439276 12/07/2023 20231222 690.58 JOHNSON BROTHERS LIQUOR CO 2439288 12/07/2023 20231222 272.80 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 18 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET JOHNSON BROTHERS LIQUOR CO 2439294 12/07/2023 20231222 2,433.60 JOHNSON BROTHERS LIQUOR CO 2439297 12/07/2023 20231222 162.80 JOHNSON BROTHERS LIQUOR CO 2439277 12/07/2023 20231222 149.46 JOHNSON BROTHERS LIQUOR CO 2439282 12/07/2023 20231222 194.80 JOHNSON BROTHERS LIQUOR CO 2439287 12/07/2023 20231222 772.60 JOHNSON BROTHERS LIQUOR CO 2439293 12/08/2023 20231222 2,382.10 JOHNSON BROTHERS LIQUOR CO 2439281 12/07/2023 20231222 1,278.33 JOHNSON BROTHERS LIQUOR CO 2439285 12/07/2023 20231222 584.40 JOHNSON BROTHERS LIQUOR CO 2439286 12/07/2023 20231222 380.40 JOHNSON BROTHERS LIQUOR CO 2439292 12/07/2023 20231222 389.60 JOHNSON BROTHERS LIQUOR CO 2439296 12/07/2023 20231222 2,687.59 JOHNSON BROTHERS LIQUOR CO 2439280 12/07/2023 20231222 3,024.26 JOHNSON BROTHERS LIQUOR CO 2439284 12/07/2023 20231222 362.80 JOHNSON BROTHERS LIQUOR CO 267084 09/08/2023 20231222 -128.10 CHECK 491173 TOTAL: 31,222.68 491174 12/22/2023 PRTD 160105 KILLMER ELECTRIC CO., INC. W21859 11/29/2023 20231222 550.00 CHECK 491174 TOTAL: 550.00 491175 12/22/2023 PRTD 124002 KIMLEY-HORN AND ASSOCIATES INC 26531344 10/31/2023 20231222 5,625.94 CHECK 491175 TOTAL: 5,625.94 491176 12/22/2023 PRTD 105269 KORTERRA INC 24270 12/01/2023 20231222 8,449.00 CHECK 491176 TOTAL: 8,449.00 491177 12/22/2023 PRTD 160737 WEYAND COMPANIES LLC 000600 11/16/2023 20231222 97.00 CHECK 491177 TOTAL: 97.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 19 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491178 12/22/2023 PRTD 151024 LA DONA SBC 6777 12/05/2023 20231222 76.00 CHECK 491178 TOTAL: 76.00 491179 12/22/2023 PRTD 160928 LAMMI SUPPLY COMPANY, LLC 23CAPF-Lammi 12/06/2023 20231222 870.00 CHECK 491179 TOTAL: 870.00 491180 12/22/2023 PRTD 116876 LANGUAGE LINE SERVICES 11167009 11/30/2023 20231222 21.60 CHECK 491180 TOTAL: 21.60 491181 12/22/2023 PRTD 100852 LAWSON PRODUCTS INC 9311114431 11/30/2023 20231222 1,018.58 CHECK 491181 TOTAL: 1,018.58 491182 12/22/2023 PRTD 101552 LEAGUE OF MINNESOTA CITIES 21770 12/01/2023 20231222 179.44 CHECK 491182 TOTAL: 179.44 491183 12/22/2023 PRTD 101552 LEAGUE OF MINNESOTA CITIES 21759 12/01/2023 20231222 871.58 LEAGUE OF MINNESOTA CITIES 21787 12/01/2023 20231222 1,130.81 LEAGUE OF MINNESOTA CITIES 21801 12/01/2023 20231222 6.58 LEAGUE OF MINNESOTA CITIES 21803 12/01/2023 20231222 5,637.25 LEAGUE OF MINNESOTA CITIES 21909 12/01/2023 20231222 686.68 LEAGUE OF MINNESOTA CITIES 21885 12/01/2023 20231222 1,059.76 LEAGUE OF MINNESOTA CITIES 21889 12/01/2023 20231222 16.16 LEAGUE OF MINNESOTA CITIES 21892 12/01/2023 20231222 319.92 LEAGUE OF MINNESOTA CITIES 21916 12/01/2023 20231222 1,549.12 LEAGUE OF MINNESOTA CITIES 21865 12/01/2023 20231222 448.47 LEAGUE OF MINNESOTA CITIES 21866 12/01/2023 20231222 7.57 LEAGUE OF MINNESOTA CITIES 21869 12/01/2023 20231222 133.51 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 20 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491183 TOTAL: 11,867.41 491184 12/22/2023 PRTD 135867 LIBATION PROJECT 65539 12/01/2023 20231222 171.96 LIBATION PROJECT 65561 12/05/2023 20231222 282.12 LIBATION PROJECT 65563 12/05/2023 20231222 929.72 LIBATION PROJECT 65568 12/05/2023 20231222 484.12 CHECK 491184 TOTAL: 1,867.92 491185 12/22/2023 PRTD 130046 LIFE INSURANCE COMPANY OF NORTH A November 2023 11/30/2023 20231222 2,659.51 CHECK 491185 TOTAL: 2,659.51 491186 12/22/2023 PRTD 139443 LOOP1 SYSTEMS INC INV-US-25376 11/29/2023 20231222 8,287.80 CHECK 491186 TOTAL: 8,287.80 491187 12/22/2023 PRTD 160832 LOOPUP LLC 5090172 11/30/2023 20231222 2,573.80 CHECK 491187 TOTAL: 2,573.80 491188 12/22/2023 PRTD 141916 LUPULIN BREWING COMPANY 57507 12/07/2023 20231222 198.00 LUPULIN BREWING COMPANY 57508 12/06/2023 20231222 327.00 CHECK 491188 TOTAL: 525.00 491189 12/22/2023 PRTD 123848 LVC COMPANIES INC 128767-2 11/30/2023 20231222 480.00 LVC COMPANIES INC 128767-1 11/30/2023 20231222 29.98 CHECK 491189 TOTAL: 509.98 491190 12/22/2023 PRTD 134063 MANSFIELD OIL COMPANY 24838680 11/27/2023 20231222 17,572.29 MANSFIELD OIL COMPANY ENSIN-24800307 11/06/2023 20231222 .30 CHECK 491190 TOTAL: 17,572.59 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 21 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491191 12/22/2023 PRTD 160297 MARIE RIDGEWAY LICSW LLC 2512 11/30/2023 20231222 760.00 CHECK 491191 TOTAL: 760.00 491192 12/22/2023 PRTD 116410 MARTIN MARIETTA MATERIALS 41093532 11/20/2023 20231222 1,836.00 CHECK 491192 TOTAL: 1,836.00 491193 12/22/2023 PRTD 100869 MARTIN-MCALLISTER CONSULTING PSYC 15759 11/30/2023 20231222 3,000.00 CHECK 491193 TOTAL: 3,000.00 491194 12/22/2023 PRTD 122878 MARTTI, DOROTHEA J 288 12/01/2023 20231222 330.00 CHECK 491194 TOTAL: 330.00 491195 12/22/2023 PRTD 141215 MAVERICK WINE LLC INV1127780/1127776 12/06/2023 20231222 1,276.50 MAVERICK WINE LLC INV1123436 12/06/2023 20231222 153.48 MAVERICK WINE LLC INV1127772 12/06/2023 20231222 469.66 MAVERICK WINE LLC INV1123437 12/07/2023 20231222 153.48 CHECK 491195 TOTAL: 2,053.12 491196 12/22/2023 PRTD 142503 MCNAMARA CONTRACTING INC Final Payment-2023 11/10/2023 20231222 110,855.00 CHECK 491196 TOTAL: 110,855.00 491197 12/22/2023 PRTD 146040 STRAYER, JUSTIN IN-6398 12/06/2023 20231222 486.05 STRAYER, JUSTIN IN-6255 12/07/2023 20231222 75.00 CHECK 491197 TOTAL: 561.05 491198 12/22/2023 PRTD 101483 MENARDS 88963DUP 10/24/2023 20231222 -197.34 MENARDS 76041 11/30/2023 20231222 119.96 MENARDS 75973 11/29/2023 20231222 719.81 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 22 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491198 TOTAL: 642.43 491199 12/22/2023 PRTD 101483 MENARDS 93794 11/27/2023 20231222 153.90 MENARDS 93791 11/27/2023 20231222 30.67 MENARDS 93848 11/28/2023 20231222 21.81 MENARDS 94068 12/01/2023 20231222 72.89 MENARDS 94084 12/01/2023 20231222 69.15 CHECK 491199 TOTAL: 348.42 491200 12/22/2023 PRTD 102507 METRO VOLLEYBALL OFFICIALS ASSOCI 2147 11/27/2023 20231222 408.00 CHECK 491200 TOTAL: 408.00 491201 12/22/2023 PRTD 100522 MINNESOTA AIR INC 1966801-00 12/08/2023 20231222 62.07 MINNESOTA AIR INC 1966863-00 12/08/2023 20231222 39.60 CHECK 491201 TOTAL: 101.67 491202 12/22/2023 PRTD 123909 MINNESOTA SODDING COMPANY LLC 12313 11/27/2023 20231222 3,655.51 MINNESOTA SODDING COMPANY LLC 12314 11/27/2023 20231222 2,518.10 CHECK 491202 TOTAL: 6,173.61 491203 12/22/2023 PRTD 128914 BJKK DEVELOPMENT 35549 11/28/2023 20231222 29.00 BJKK DEVELOPMENT 35560 11/30/2023 20231222 50.80 BJKK DEVELOPMENT 35550 11/28/2023 20231222 17.50 BJKK DEVELOPMENT 35586 12/08/2023 20231222 65.00 BJKK DEVELOPMENT 35595 12/09/2023 20231222 17.50 BJKK DEVELOPMENT 35599 12/09/2023 20231222 41.00 CHECK 491203 TOTAL: 220.80 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 23 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491204 12/22/2023 PRTD 160669 MIZUNO USA INC 8279913 RI 12/04/2023 20231222 282.60 CHECK 491204 TOTAL: 282.60 491205 12/22/2023 PRTD 140955 MODIST BREWING LLC E-46597 12/05/2023 20231222 468.40 MODIST BREWING LLC E-46598 12/05/2023 20231222 600.00 MODIST BREWING LLC E-46595 12/05/2023 20231222 181.00 MODIST BREWING LLC E-46596 12/06/2023 20231222 293.00 CHECK 491205 TOTAL: 1,542.40 491206 12/22/2023 PRTD 100912 MOTOROLA INC 8230408364 04/26/2023 20231222 1,481.25 CHECK 491206 TOTAL: 1,481.25 491207 12/22/2023 PRTD 143339 MR CUTTING EDGE 6055 11/30/2023 20231222 361.00 CHECK 491207 TOTAL: 361.00 491208 12/22/2023 PRTD 100906 MTI DISTRIBUTING INC 1411849-00 12/06/2023 20231222 787.49 MTI DISTRIBUTING INC 1413363-00 12/08/2023 20231222 -440.89 CHECK 491208 TOTAL: 346.60 491209 12/22/2023 PRTD 121233 NARDINI FIRE EQUIPMENT COMPANY IN IV00267797 11/30/2023 20231222 686.00 NARDINI FIRE EQUIPMENT COMPANY IN IV00267801 11/30/2023 20231222 551.00 CHECK 491209 TOTAL: 1,237.00 491210 12/22/2023 PRTD 160544 NETHERLAND BULB COMPANY LLC 1582852-Shipping 09/22/2023 20231222 6.95 CHECK 491210 TOTAL: 6.95 491211 12/22/2023 PRTD 100076 NEW FRANCE WINE CO 215278 12/06/2023 20231222 82.50 NEW FRANCE WINE CO 215279 12/07/2023 20231222 451.50 NEW FRANCE WINE CO 215276 12/07/2023 20231222 968.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 24 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET NEW FRANCE WINE CO 215277 12/06/2023 20231222 1,151.00 CHECK 491211 TOTAL: 2,653.00 491212 12/22/2023 PRTD 105901 OERTEL ARCHITECTS 20-23.6 CA 12/05/2023 20231222 2,414.49 CHECK 491212 TOTAL: 2,414.49 491213 12/22/2023 PRTD 160434 OILQUICK AMERICAS LLC INV02525 11/28/2023 20231222 560.45 CHECK 491213 TOTAL: 560.45 491214 12/22/2023 PRTD 999995 Sever Construction ED207084-Refund 11/15/2023 20231222 7,851.00 CHECK 491214 TOTAL: 7,851.00 491215 12/22/2023 PRTD 999997 Brosius Family Trust 90177 10/10/2023 20231222 65.59 CHECK 491215 TOTAL: 65.59 491216 12/22/2023 PRTD 101659 ORKIN 253401726 11/28/2023 20231222 32.10 CHECK 491216 TOTAL: 32.10 491217 12/22/2023 PRTD 146766 CHOPS, INC 24EP0003 12/08/2023 20231222 150.00 CHECK 491217 TOTAL: 150.00 491218 12/22/2023 PRTD 100944 PAUSTIS WINE COMPANY 221729 12/05/2023 20231222 2,616.00 PAUSTIS WINE COMPANY 221714 12/05/2023 20231222 882.50 PAUSTIS WINE COMPANY 221737 12/05/2023 20231222 1,949.50 CHECK 491218 TOTAL: 5,448.00 491219 12/22/2023 PRTD 160933 PELOTON INTERACTIVE, INC uXQTIQA4 12/12/2023 20231222 2,323.00 CHECK 491219 TOTAL: 2,323.00 491220 12/22/2023 PRTD 141258 PEMBER COMPANIES INC ENG 21-26 #7 11/30/2023 20231222 329,174.78 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 25 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491220 TOTAL: 329,174.78 491221 12/22/2023 PRTD 160927 PEPPER, MATTHEW 23CAPF-Pepper 12/06/2023 20231222 2,000.00 CHECK 491221 TOTAL: 2,000.00 491222 12/22/2023 PRTD 100945 PEPSI-COLA COMPANY 82204111 12/04/2023 20231222 1,552.42 PEPSI-COLA COMPANY 82717456 12/07/2023 20231222 982.00 PEPSI-COLA COMPANY 82518808 12/11/2023 20231222 1,111.62 CHECK 491222 TOTAL: 3,646.04 491223 12/22/2023 PRTD 117087 PETERSON COMPANIES INC 53278 08/31/2023 20231222 5,346.78 CHECK 491223 TOTAL: 5,346.78 491224 12/22/2023 PRTD 160794 PILMARK LLC 208160-120123 12/01/2023 20231222 2,056.04 CHECK 491224 TOTAL: 2,056.04 491225 12/22/2023 PRTD 100119 PING INC 17251256 11/27/2023 20231222 360.44 CHECK 491225 TOTAL: 360.44 491226 12/22/2023 PRTD 119620 POMP'S TIRE SERVICE INC 210686768 11/27/2023 20231222 2,057.60 POMP'S TIRE SERVICE INC 210686769 11/27/2023 20231222 2,057.60 POMP'S TIRE SERVICE INC 210685802 11/27/2023 20231222 3,219.27 POMP'S TIRE SERVICE INC 210687378 11/29/2023 20231222 1,514.74 CHECK 491226 TOTAL: 8,849.21 491227 12/22/2023 PRTD 125979 PRECISE MRM LLC IN200-1045866 11/30/2023 20231222 100.00 PRECISE MRM LLC IN200-1045871 11/30/2023 20231222 1,000.00 CHECK 491227 TOTAL: 1,100.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 26 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491228 12/22/2023 PRTD 129706 PREMIUM WATERS INC 319781200 11/27/2023 20231222 48.99 PREMIUM WATERS INC 319794004 11/30/2023 20231222 15.00 CHECK 491228 TOTAL: 63.99 491229 12/22/2023 PRTD 105690 PRO-TEC DESIGN INC 112312 11/30/2023 20231222 3,924.50 CHECK 491229 TOTAL: 3,924.50 491230 12/22/2023 PRTD 143618 PRYES BREWING COMPANY LLC W-66102 12/07/2023 20231222 397.00 CHECK 491230 TOTAL: 397.00 491231 12/22/2023 PRTD 102233 PUBLIC RISK MANAGEMENT ASSOCIATIO 2024 MEMBERSHIP 12/14/2023 20231222 60.00 CHECK 491231 TOTAL: 60.00 491232 12/22/2023 PRTD 160246 QUADIENT FINANCE USA INC 8365-12/23 12/01/2023 20231222 2,029.26 CHECK 491232 TOTAL: 2,029.26 491233 12/22/2023 PRTD 100972 R & R SPECIALTIES INC 0080604-IN 12/01/2023 20231222 767.00 CHECK 491233 TOTAL: 767.00 491234 12/22/2023 PRTD 160318 RAPP STRATEGIES INC 1744 11/30/2023 20231222 3,350.00 CHECK 491234 TOTAL: 3,350.00 491235 12/22/2023 PRTD 102924 POWERPLAN OIB W6631301 11/29/2023 20231222 765.00 CHECK 491235 TOTAL: 765.00 491236 12/22/2023 PRTD 108672 UNIVERSITY OF MINNESOTA 2023 Stormwater 11/20/2023 20231222 3,500.00 CHECK 491236 TOTAL: 3,500.00 491237 12/22/2023 PRTD 160627 RUDY LUTHER TOYOTA 409908 11/29/2023 20231222 309.12 RUDY LUTHER TOYOTA 888944 11/29/2023 20231222 822.62 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 27 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491237 TOTAL: 1,131.74 491238 12/22/2023 PRTD 140989 S M HENTGES & SONS INC ENG-22016 #6 11/27/2023 20231222 46,781.11 CHECK 491238 TOTAL: 46,781.11 491239 12/22/2023 PRTD 100988 SAFETY KLEEN SYSTEMS INC R003052922 11/27/2023 20231222 124.21 CHECK 491239 TOTAL: 124.21 491240 12/22/2023 PRTD 144553 SALTCO LLC 122359 11/30/2023 20231222 645.25 CHECK 491240 TOTAL: 645.25 491241 12/22/2023 PRTD 160463 SANSIO INC INV0000006495 11/28/2023 20231222 1,450.00 CHECK 491241 TOTAL: 1,450.00 491242 12/22/2023 PRTD 103409 KELBRO COMPANY 2967517 12/08/2023 20231222 54.80 KELBRO COMPANY 2967444 12/07/2023 20231222 170.01 CHECK 491242 TOTAL: 224.81 491243 12/22/2023 PRTD 100998 SHERWIN WILLIAMS CO 8808-3 11/29/2023 20231222 212.44 CHECK 491243 TOTAL: 212.44 491244 12/22/2023 PRTD 132195 SMALL LOT MN MN72000 12/05/2023 20231222 153.02 SMALL LOT MN MN72001 12/05/2023 20231222 176.04 SMALL LOT MN MN71117 11/11/2023 20231222 164.96 SMALL LOT MN MN71998 12/05/2023 20231222 341.00 SMALL LOT MN MN72002 12/06/2023 20231222 164.96 CHECK 491244 TOTAL: 999.98 491245 12/22/2023 PRTD 127878 SOUTHERN GLAZERS WINE & SPIRITS L 2419464 12/06/2023 20231222 1,220.00 SOUTHERN GLAZERS WINE & SPIRITS L 2419463 12/06/2023 20231222 658.40 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 28 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET SOUTHERN GLAZERS WINE & SPIRITS L 2419465 12/06/2023 20231222 2,334.10 SOUTHERN GLAZERS WINE & SPIRITS L 2419466 12/06/2023 20231222 1,593.05 SOUTHERN GLAZERS WINE & SPIRITS L 2419467 12/06/2023 20231222 2,427.60 SOUTHERN GLAZERS WINE & SPIRITS L 2419461/9554574 12/07/2023 20231222 1,721.60 SOUTHERN GLAZERS WINE & SPIRITS L 2419462 12/06/2023 20231222 184.80 SOUTHERN GLAZERS WINE & SPIRITS L 2419460 12/06/2023 20231222 36.80 SOUTHERN GLAZERS WINE & SPIRITS L 2419458 12/06/2023 20231222 1,082.67 SOUTHERN GLAZERS WINE & SPIRITS L 2419459 12/06/2023 20231222 469.90 SOUTHERN GLAZERS WINE & SPIRITS L 2419468 12/06/2023 20231222 878.40 SOUTHERN GLAZERS WINE & SPIRITS L 2419471 12/06/2023 20231222 194.80 SOUTHERN GLAZERS WINE & SPIRITS L 2419470 12/06/2023 20231222 2,211.02 SOUTHERN GLAZERS WINE & SPIRITS L 2419469/9554575 12/07/2023 20231222 852.80 SOUTHERN GLAZERS WINE & SPIRITS L 9515729 06/14/2023 20231222 -24.00 SOUTHERN GLAZERS WINE & SPIRITS L 9524150 07/18/2023 20231222 -10.00 SOUTHERN GLAZERS WINE & SPIRITS L 9529196 08/07/2023 20231222 -136.00 SOUTHERN GLAZERS WINE & SPIRITS L 9529511 08/08/2023 20231222 -.80 SOUTHERN GLAZERS WINE & SPIRITS L 9530910 08/16/2023 20231222 -224.96 SOUTHERN GLAZERS WINE & SPIRITS L 9531419 08/17/2023 20231222 -6.66 CHECK 491245 TOTAL: 15,463.52 491246 12/22/2023 PRTD 101004 SPS COMPANIES INC S4878954.001 11/30/2023 20231222 94.53 CHECK 491246 TOTAL: 94.53 491247 12/22/2023 PRTD 160346 STANDARD INSURANCE COMPANY Nov 2023 11/01/2023 20231222 7,167.15 CHECK 491247 TOTAL: 7,167.15 491248 12/22/2023 PRTD 139006 DEPARTMENT OF CORRECTIONS 00000771545 12/08/2023 20231222 13,125.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 29 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491248 TOTAL: 13,125.00 491249 12/22/2023 PRTD 139006 DEPARTMENT OF CORRECTIONS 00000771553 12/08/2023 20231222 13,125.00 CHECK 491249 TOTAL: 13,125.00 491250 12/22/2023 PRTD 139006 DEPARTMENT OF CORRECTIONS 00000771546 12/08/2023 20231222 13,125.00 CHECK 491250 TOTAL: 13,125.00 491251 12/22/2023 PRTD 139006 MINNESOTA DEPARTMENT OF AGRICULTU 20210321-2024 12/12/2023 20231222 10.00 CHECK 491251 TOTAL: 10.00 491252 12/22/2023 PRTD 139006 MINNESOTA DEPARTMENT OF AGRICULTU 20020205-2024 12/12/2023 20231222 10.00 CHECK 491252 TOTAL: 10.00 491253 12/22/2023 PRTD 139006 MINNESOTA DEPARTMENT OF AGRICULTU 20199082-2024 12/12/2023 20231222 10.00 CHECK 491253 TOTAL: 10.00 491254 12/22/2023 PRTD 133068 STEEL TOE BREWING LLC 53014 12/06/2023 20231222 182.00 STEEL TOE BREWING LLC 53011 12/07/2023 20231222 120.00 CHECK 491254 TOTAL: 302.00 491255 12/22/2023 PRTD 105874 SUBURBAN TIRE WHOLESALE INC 10198103 11/27/2023 20231222 947.04 SUBURBAN TIRE WHOLESALE INC 10198132 11/28/2023 20231222 195.18 SUBURBAN TIRE WHOLESALE INC 10198191 11/30/2023 20231222 204.74 SUBURBAN TIRE WHOLESALE INC 10198231 11/30/2023 20231222 1,321.28 CHECK 491255 TOTAL: 2,668.24 491256 12/22/2023 PRTD 135803 SUN LIFE ASSURANCE COMPANY OF CAN Nov 2023 #1 11/30/2023 20231222 5,588.07 SUN LIFE ASSURANCE COMPANY OF CAN Nov 2023 #2 11/30/2023 20231222 2,691.52 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 30 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491256 TOTAL: 8,279.59 491257 12/22/2023 PRTD 102925 SUPERIOR TECH PRODUCTS 6229-R 11/28/2023 20231222 597.96 CHECK 491257 TOTAL: 597.96 491258 12/22/2023 PRTD 122511 SWANK MOTION PICTURES INC RG3520168 11/29/2023 20231222 255.00 CHECK 491258 TOTAL: 255.00 491259 12/22/2023 PRTD 106673 TAPCO I767036 11/21/2023 22300058 20231222 17,645.76 CHECK 491259 TOTAL: 17,645.76 491260 12/22/2023 PRTD 129923 CONTEMPORARY INC V984428 11/28/2023 20231222 56.96 CHECK 491260 TOTAL: 56.96 491261 12/22/2023 PRTD 160677 THE FINANCIAL SERVICES CONSULTING COE-009 10/31/2023 20231222 2,852.34 THE FINANCIAL SERVICES CONSULTING COE-010 11/30/2023 20231222 500.00 CHECK 491261 TOTAL: 3,352.34 491262 12/22/2023 PRTD 123129 TIMESAVER OFF SITE SECRETARIAL IN M28740 11/30/2023 20231222 1,202.25 CHECK 491262 TOTAL: 1,202.25 491263 12/22/2023 PRTD 101038 TOLL COMPANY 40185641 11/30/2023 20231222 49.20 CHECK 491263 TOTAL: 49.20 491264 12/22/2023 PRTD 134673 TOTAL MECHANICAL SYSTEMS INC S8495 11/29/2023 20231222 9,850.00 CHECK 491264 TOTAL: 9,850.00 491265 12/22/2023 PRTD 103982 TRAFFIC CONTROL CORPORATION 147824 11/30/2023 20231222 700.00 CHECK 491265 TOTAL: 700.00 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 31 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET 491266 12/22/2023 PRTD 104064 TRANS UNION RISK AND ALTERNATIVE 269634-202311-1 12/01/2023 20231222 372.00 CHECK 491266 TOTAL: 372.00 491267 12/22/2023 PRTD 103218 TRI-STATE BOBCAT P09030 11/30/2023 20231222 420.25 CHECK 491267 TOTAL: 420.25 491268 12/22/2023 PRTD 160236 TRUE FABRICATIONS INC 1319874 12/06/2023 20231222 406.92 CHECK 491268 TOTAL: 406.92 491269 12/22/2023 PRTD 160908 TRUE MECHANICAL LLC 1152 11/29/2023 20231222 170.00 CHECK 491269 TOTAL: 170.00 491270 12/22/2023 PRTD 101360 TWIN CITY HARDWARE COMPANY INC PSI2232885 11/27/2023 20231222 367.15 CHECK 491270 TOTAL: 367.15 491271 12/22/2023 PRTD 146436 TYLER TECHNOLOGIES INC 130-142521 11/30/2023 20231222 2,073.36 CHECK 491271 TOTAL: 2,073.36 491272 12/22/2023 PRTD 145567 UNMAPPED BREWING COMPANY LLC E-3148 12/08/2023 20231222 50.00 CHECK 491272 TOTAL: 50.00 491273 12/22/2023 PRTD 101354 USGA 2024 MEMBERSHIP 12/07/2023 20231222 150.00 CHECK 491273 TOTAL: 150.00 491274 12/22/2023 PRTD 100050 USPS 691723 11/20/2023 20231222 5,498.01 CHECK 491274 TOTAL: 5,498.01 491275 12/22/2023 PRTD 101058 VAN PAPER COMPANY 054666 11/16/2023 20231222 283.96 VAN PAPER COMPANY 055621 11/29/2023 20231222 50.45 VAN PAPER COMPANY 055619 11/29/2023 20231222 798.82 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 32 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET VAN PAPER COMPANY 055620 11/29/2023 20231222 74.51 CHECK 491275 TOTAL: 1,207.74 491276 12/22/2023 PRTD 144209 VENN BREWING COMPANY LLC 5379 12/06/2023 20231222 299.00 VENN BREWING COMPANY LLC 5380 12/06/2023 20231222 880.00 VENN BREWING COMPANY LLC 5388 12/07/2023 20231222 180.00 VENN BREWING COMPANY LLC 5389 12/07/2023 20231222 120.00 CHECK 491276 TOTAL: 1,479.00 491277 12/22/2023 PRTD 101064 VESSCO INC 092603 11/29/2023 20231222 167.00 VESSCO INC 092627 11/29/2023 20231222 513.49 VESSCO INC 092643 11/30/2023 20231222 1,324.80 CHECK 491277 TOTAL: 2,005.29 491278 12/22/2023 PRTD 119454 VINOCOPIA INC 0342070-IN 12/07/2023 20231222 406.00 VINOCOPIA INC 0342069-IN 12/07/2023 20231222 1,357.75 VINOCOPIA INC 0342068-IN 12/07/2023 20231222 387.75 VINOCOPIA INC 0341633-IN 12/07/2023 20231222 1,104.75 VINOCOPIA INC 0342074-IN 12/07/2023 20231222 127.50 VINOCOPIA INC 0342073-IN 12/07/2023 20231222 344.00 VINOCOPIA INC 0342072-IN 12/07/2023 20231222 315.75 VINOCOPIA INC 0341632-IN 12/07/2023 20231222 1,363.25 VINOCOPIA INC 0342071-IN 12/07/2023 20231222 363.75 VINOCOPIA INC 0342092-IN 12/07/2023 20231222 1,971.50 VINOCOPIA INC 0342093-IN 12/07/2023 20231222 728.75 VINOCOPIA INC 0341634-IN 11/30/2023 20231222 1,367.00 VINOCOPIA INC 0342094-IN 12/07/2023 20231222 1,122.25 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 33 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491278 TOTAL: 10,960.00 491279 12/22/2023 PRTD 120627 VISTAR 70237018 11/18/2023 20231222 1,305.38 CHECK 491279 TOTAL: 1,305.38 491280 12/22/2023 PRTD 106699 WALSER HOLDING COMPANY INC 1106691 11/30/2023 20231222 538.18 CHECK 491280 TOTAL: 538.18 491281 12/22/2023 PRTD 100183 WASHINGTON COUNTY 220144 12/11/2023 20231222 1,488.95 CHECK 491281 TOTAL: 1,488.95 491282 12/22/2023 PRTD 103088 WASTE MANAGEMENT OF WI-MN 9002483-2282-9 12/05/2023 20231222 1,755.35 CHECK 491282 TOTAL: 1,755.35 491283 12/22/2023 PRTD 123616 WATER CONSERVATION SERVICES INC 13614 11/27/2023 20231222 722.89 WATER CONSERVATION SERVICES INC 13663 12/10/2023 20231222 349.00 CHECK 491283 TOTAL: 1,071.89 491284 12/22/2023 PRTD 135181 WATERFORD OIL CO INC 180903 08/17/2023 20231222 1,607.14 WATERFORD OIL CO INC 186938 09/28/2023 20231222 271.27 WATERFORD OIL CO INC 190111 11/03/2023 20231222 2,745.98 WATERFORD OIL CO INC 187625 11/08/2023 20231222 565.84 WATERFORD OIL CO INC 192738 11/09/2023 20231222 138.05 CHECK 491284 TOTAL: 5,328.28 491285 12/22/2023 PRTD 130574 WATSON COMPANY 138559 11/30/2023 20231222 723.07 CHECK 491285 TOTAL: 723.07 491286 12/22/2023 PRTD 160537 WEX HEALTH INC 0001860701-IN 11/30/2023 20231222 1,017.75 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 34 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491286 TOTAL: 1,017.75 491287 12/22/2023 PRTD 101033 WINE COMPANY 253792 12/06/2023 20231222 3,092.00 WINE COMPANY 253909 12/06/2023 20231222 330.00 WINE COMPANY 253374 12/06/2023 20231222 224.00 WINE COMPANY 253790 12/06/2023 20231222 402.00 WINE COMPANY 253789 12/06/2023 20231222 166.00 WINE COMPANY 253791 12/07/2023 20231222 824.00 WINE COMPANY 253793 12/06/2023 20231222 2,966.00 CHECK 491287 TOTAL: 8,004.00 491288 12/22/2023 PRTD 144412 WINEBOW MN00140290 12/05/2023 20231222 400.00 WINEBOW MN00140286 12/05/2023 20231222 297.00 CHECK 491288 TOTAL: 697.00 491289 12/22/2023 PRTD 160680 WM MUELLER & SONS INC 295580 11/24/2023 20231222 873.08 WM MUELLER & SONS INC 295797 11/30/2023 20231222 155.20 CHECK 491289 TOTAL: 1,028.28 491290 12/22/2023 PRTD 142162 WOODEN HILL BREWING COMPANY LLC 4738 12/06/2023 20231222 197.10 WOODEN HILL BREWING COMPANY LLC 4739 12/06/2023 20231222 179.10 CHECK 491290 TOTAL: 376.20 491291 12/22/2023 PRTD 127774 WORLDWIDE CELLARS INC INV-002811 12/05/2023 20231222 94.00 CHECK 491291 TOTAL: 94.00 491292 12/22/2023 PRTD 105740 WSB & ASSOCIATES R-022328-000 - 8 11/29/2023 20231222 274.50 WSB & ASSOCIATES R-023813-000 - 2 11/29/2023 20231222 3,047.00 WSB & ASSOCIATES R-023408-000 - 4 11/29/2023 20231222 3,028.75 City of Edina, MN A/P CASH DISBURSEMENTS JOURNAL Report generated: 12/21/2023 13:13User: MSchauerProgram ID: apcshdsb Page 35 CASH ACCOUNT: 9999 1012 Control BS - CashAP CHECK NO CHK DATE TYPE VENDOR NAME INVOICE INV DATE PO CHECK RUN NET CHECK 491292 TOTAL: 6,350.25 491293 12/22/2023 PRTD 103410 WW GOETSCH ASSOCIATES INC 111475 11/27/2023 20231222 2,690.00 WW GOETSCH ASSOCIATES INC 111476 11/27/2023 20231222 6,380.00 WW GOETSCH ASSOCIATES INC 111477 11/27/2023 20231222 1,965.00 CHECK 491293 TOTAL: 11,035.00 NUMBER OF CHECKS 227 *** CASH ACCOUNT TOTAL *** 3,024,504.83 COUNT AMOUNT TOTAL PRINTED CHECKS 226 2,994,180.83 TOTAL WIRE TRANSFERS 1 30,324.00 *** GRAND TOTAL *** 3,024,504.83 Date: January 2, 2024 Agenda Item #: VI.C. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-01: Designating Official Newspaper for 2024 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-01 designating the Edina Sun-Current as the official newspaper. INTRODUCTION: Staff recommends Council designate the Edina Sun-Current as the official newspaper of the City of Edina for 2024. All published public notices are posted on the Sun-Current's website https://www.hometownsource.com/sun_current/ at no additional charge. ATTACHMENTS: Description Resolution No. 2024-01: Designating Official Newspaper for 2024 RESOLUTION NO. 2024-01 DESIGNATING OFFICIAL NEWSPAPER BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Edina Sun-Current is hereby designated as the Official Newspaper for the City of Edina for the year 2024. Passed and adopted this 2nd day of January, 2024. Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _________ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.D. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-02: Signatory Resolution Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Signatory Resolution No. 2024-02 authorizing Mayor, City Manager, Treasurer and Deputy Treasurer of the City of Edina to act for the City in transacting banking business. INTRODUCTION: At the first Council meeting of the year, the Council must adopt a Signatory Resolution authorizing the persons holding office as Mayor, City Manager, Treasurer and Deputy Treasurer of the City to act for the City in transacting banking business with the City’s named banks. ATTACHMENTS: Description Resolution No. 2024-02: Signatory Resolution RESOLUTION NO. 2024-02 SIGNATORY RESOLUTION BE IT RESOLVED that persons holding office as Mayor, City Manager, Treasurer and Deputy Treasurer of the City of Edina, be, and they hereby are authorized to act for this municipality in the transaction of any banking business with U.S. Bank, Crown Bank and Tradition Capital Bank, (hereinafter referred to as the "Bank") from time to time and until written notice to any Bank to the contrary, to sign checks against said accounts, which checks will be signed by the Mayor, City Manager, Treasurer and Deputy Treasurer. Each Bank is hereby authorized and directed to honor and pay any checks against such account if signed as above described, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the City, including the signers of the check. Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of __________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.E. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-03: Designating Official Depositories Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-03 designating depositories for the public funds of the City of Edina. INTRODUCTION: At its first regular Council meeting of the year, a resolution designating official depositories for public funds of the City of Edina must be approved. ATTACHMENTS: Description Resolution No. 2024-03: Designating Official Depositories RESOLUTION NO. 2024-03 DESIGNATING DEPOSITORIES BE IT RESOLVED, that U.S. Bank, Crown Bank and Tradition Capital Bank, are hereby authorized to do banking business in Minnesota, be and are hereby designated as Official Depositories for the Public Funds of the City of Edina, County of Hennepin, Minnesota until January 1, 2025. Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _________ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.F. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-04: Designation of Director and Alternate Director of LOGIS Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-04 designating director and alternate director of LOGIS. INTRODUCTION: The Council must designate a Director and Alternate Director of LOGIS each year. Staff recommends Ryan Browning and P a Thao to act in this capacity. ATTACHMENTS: Description Resolution No. 2024-04: Designation of Director and Alternate Director of LOGIS RESOLUTION NO. 2024-04 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO LOGIS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Ryan Browning is hereby designated to serve as a Director of LOGIS, and Pa Thao is hereby designated to serve as Alternate Director of LOGIS for the year 2024 and until their successors are appointed. Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.G. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-05: Designation of Director and Alternate Director of Suburban Rate Authority Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-05 designating Director and Alternate Director of the Suburban Rate Authority. INTRODUCTION: The Council must designate a Director and Alternate Director to the Suburban Rate Authority each year. Staff recommends Brian Olson, and Pa T hao act in this capacity. ATTACHMENTS: Description Resolution No. 2024-05: Designation of Director and Alternate Director of Suburban Rate Authority RESOLUTION NO. 2024-05 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Brian Olson is hereby designated to serve as a Director of the Suburban Rate Authority and Pa Thao is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 2024 and until their successors are appointed. Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.H. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-06: Authorizing Facsimile Signatures by Public Officials Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-06 authorizing the use of facsimile signatures by public officials. INTRODUCTION: The Council must adopt a Resolution authorizing the use of facsimile signatures by the Mayor, Treasurer, Deputy Treasurer and City Manager on checks, drafts, warrants, vouchers, etc., or other orders by public funds deposited with the City's banks. ATTACHMENTS: Description Resolution No. 2024-06: Authorizing Facsimile Signatures by Public Officials RESOLUTION NO. 2024-06 AUTHORIZING USE OF FACSIMILE SIGNATURES BY PUBLIC OFFICIALS RESOLVED that the use of facsimile signatures by the following named persons: JAMES B. HOVLAND - Mayor ALISHA MCANDREWS - Treasurer SCOTT H. NEAL - City Manager PA THAO - Deputy Treasurer on checks, drafts, warrants, warrant-checks, vouchers or other orders of public funds deposited in U.S. Bank, Crown Bank and Tradition Capital Bank be and hereby are approved, and that each of said persons may authorize said depository banks to honor any such instrument bearing his facsimile signature in such form as he may designate and to charge the same to the account in said depository bank upon which drawn as fully as though it bore his manually written signature and that instruments so honored shall be wholly operative and binding in favor of said depository bank although such facsimile signature shall have been affixed without his authority. Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ________ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VI.I. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Annual Appointment of Assistant Weed Inspector Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Appoint Tom Swenson, Assistant Director of P arks and Natural Resources, as Assistant Weed Inspector for calendar year 2024. INTRODUCTION: The Assistant Weed Inspector enforces the City of Edina's City Code Chapter 30, Maintenance of Vegetation. Primarily, the Assistant Weed Inspector identifies and eradicates noxious weeds as defined by the State Commission of Agriculture and mandated by Minnesota Statues, and identify and cut turf grasses and weeds that exceed 10 inches in height. Date: January 2, 2024 Agenda Item #: VI.J. To:Mayor and City Council Item Type: Report / Recommendation From:Aaron T. Ditzler, P.E., Assistant City Engineer Item Activity: Subject:Resolution No. 2024-07: Approving Parking Restrictions Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-07 approving parking restrictions. INTRODUCTION: All City streets with signs banning parking require a Council resolution. The attached resolution summarizes streets within the 2023 street reconstruction project areas that include no parking signs. ATTACHMENTS: Description Resolution No. 2024-07: Approving Parking Restrictions RESOLUTION NO. 2024-07 PARKING RESTRICTIONS FOR THE CITY OF EDINA, MINNESOTA WHEREAS, the City of Edina has completed improvements for Morningside C. WHEREAS, the City of Edina will be restricting parking along specific locations of said improvements. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the City Council of the City of Edina hereby bans the parking of motor vehicles on the following portions: 1. West side of Lynn Avenue between West 40th Street and West 42nd Street 2. East side of Monterey Avenue between West 40th Street and West 42nd Street 3. East side of Kipling Avenue between West 40th Street and West 42nd Street 4. South side of West 40th Street Natchez Avenue and Grimes Avenue Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its regular meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of __________, 20___. _______________________________ City Clerk Date: January 2, 2024 Agenda Item #: VI.K. To:Mayor and City Council Item Type: Request For Purchase From:Richard Poppitz, Equipment Operations Supervisor Item Activity: Subject:Request for Purchase: 2023 Mercedes Metris Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for one 2023 Mercedes Metris from Morries Maplewood for $41,761. INTRODUCTION: Morries Maplewood will provide the Metris van for the engineering department. This unit is approved for replacement in the CIP replacement budget. It also meets the equipment replacement score of 26. A score of 25 is needed for replacement. ATTACHMENTS: Description Request for Purchase: 2023 Mercedes Metris Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12300242 Department:Public Works Buyer:Richard Poppitz Date: 12/14/2023 Requisition Description:2023 Mercedes Metris Vendor:MORRIES MAPLEWOOD M LLC Cost:$41,761.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:STATE K - STATE CONTRACT DESCRIPTION:Replacing van due to age and rating BUDGET IMPACT: Engineering equipment replacement funds Environmental Impact - item specific: 2 COMMUNITY IMPACT:All resident accessibility ENVIRONMENTAL IMPACT:We are staying with the same 2.0 liter motor Vehicle - Make/Model/Year requested vehicle:Mercedes / Metris / 2023 Vehicle - Make/Model/Year current vehicle (if replacement): Ford / transit / 2010 Vehicle - Does purchase meet Green Fleet Recommendations? YES - YES Vehicle - If does not meet Green Fleet Recommendations, justification: - MPG:22 - 22 Carbon Emissions:n/a Date: January 2, 2024 Agenda Item #: VI.L. To:Mayor and City Council Item Type: Report / Recommendation From:Andrew Scipioni, Transportation Planner Item Activity: Subject:Traffic Safety Report of December 13, 2023 Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the staff recommendations in the Traffic Safety Report of December 13, 2023. INTRODUCTION: The Traffic Safety Committee recommends action on three items and no action on three items. The Transportation Commission reviewed the report at their December 21 regular meeting; no additional recommendations were provided. See attached report. ATTACHMENTS: Description Traffic Safety Report of December 13, 2023 January 2, 2024 Mayor and City Council Nick Bauler, Traffic Safety Coordinator Traffic Safety Report of December 13, 2023 Information / Background: The Traffic Safety Committee (TSC) review of traffic safety matters occurred on December 13. The Traffic Safety Coordinator, City Engineer, Streets Public Service Worker, Transportation Planner, Police Sergeant, Public Works Director and Assistant City Planner were in attendance for this meeting. The Transportation Planner was not able to attend but was informed of the decisions. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were informed that if they disagree with the recommendation or have additional facts to present, they can submit correspondence to the Transportation Commission and/or to City Council prior to the January 2 regular meeting. Section A: Items on which the Traffic Safety Committee recommends action A1. Non-compliance at all-way stop control at Gleason Rd and Scotia Dr. Staff recommends moving the northbound advanced warning sign closer to Scotia Dr. Description Requestor notices many vehicles failing to stop. Interested in enforcement, increasing visibility of signs, speed bumps and improving street lighting. AADT 2,400 (Gleason 2019) 85% Speed N/A Crashes One rear-end collision of northbound vehicles, north of Scotia. Sight Lines Adequate Previous Request Added advanced crosswalk RRFB visible for eastbound vehicles approaching from Vernon Avenue. Unique Circumstances Gleason was overlaid in 2020. Gleason Rd at Scotia Dr STAFF REPORT Page 2 A2. Review previous request for improved crossing treatments at Pamela Park entrance from W 62nd St. Staff recommends upgrading the crosswalk signs on W 62nd St to RRFBs to match crossing treatment on W 58th St. A3. Review crosswalk over Halifax Ave, north of W 50th St. Staff recommends installing crosswalk signage on the west side of Halifax. Description Concerns include drivers failing to stop for pedestrians. ADT 2,550 (W 62nd St 2021) 1700 (W 58th St 2013) 85% Speed 34.0 mph (W 62nd 2017) 33.5 mph (W 58th 2019) Crashes One in 2021- exiting park, run off road. Ped and Bike Crosses W 62nd: 51 Bikes, 166 Peds, Peak hour 33 at 1:30- 2:30 PM. Exceeds 20 crosses at six different hours (6/9/2022) W 58th: 53 Bikes, 392 Peds, Peak hour 171 at 5:45- 6:45 PM. Exceeds 20 crosses 5 different hours (5/24/2023) Sight Lines Adequate Previous Requests Nearby request for all-way stop at Brookview Ave- 200’ west, did not meet warrants. Request to improve crosswalk, led to double-sided signs increasing awareness of crossing. Policy Guideline Existing crosswalk treatment complies with city policy. Unique Circumstances Shared-use path on south side of W 62nd connects to path entering Pamela Park. Park entrance on north side off W 58th St has RRFBs. Previous Staff Review Recommended comparing crossing volumes between W 62nd and W 58th at Pamela Park entrances. Description Crosswalk markings are present, but roadside signs have been removed due to damage. ADT 4,370 (2021) 85% Speed N/A Crashes One in last ten years (2020) Ped and Bike Crosses 87 total crosses; Peak hour of 19 at 11:45-12:45 Sight Lines Adequate Previous Requests Complaints regarding traffic management at 50th St and Halifax Ave Policy Guideline Pedestrian Crossing Policy: Minimum pedestrian volume is 20 pedestrians per hour. Observed volume is one less than warrant. Crosswalk is <300’ from marked crossing at 50th St. Policy recommends directing pedestrians to nearest marked crossing. Unique Circumstances 50th & France is an area of high pedestrian activity. New sidewalk panels installed on west side of Halifax in 2023. W 62nd St at Pamela Park Entrance W 58th St at Pamela Park Entrance Halifax Ave crosswalk at woonerf entrance STAFF REPORT Page 3 Section B: Items on which the Traffic Safety Committee recommends no action B1. Request to improve stop sign visibility at Vernon Ave and Arctic Way / Tamarac Ave. Staff recommends no action as stop signs on Vernon have adequate visibility. B2. Request for all-way stop controls at Morningside Rd and Crocker Ave. Staff recommends no action as all-way stop controls do not meet volume or crash warrants. B3. Request for all-way stop controls at W 62nd St and Virginia Ave. Staff recommends no action as all-way stop controls do not meet volume or crash warrants. Description Resident is concerned drivers on Vernon Ave don’t stop at off-set intersection. Requesting stop signs in median to increase awareness. ADT 3,245 (2023) 85% Speed 34.6 mph (2023) Crashes One in 2021- westbound distracted driver hit median signposts west of Arctic Way. Sight Lines Traveling eastbound, crosswalk sign visibility impacted due to vegetation and location of sign. Previous Request Request for RRFBs to improve crossing safety. Council approved recommendation of no action. Unique Circumstances Intersection is offset 50 feet with Tamarac. Overlay project completed in summer 2023. Two- 50’ medians on Vernon. Description Resident concerned with vehicles speeding on Morningside between Hopkins and France Ave. ADT 1318 (Morningside 2020) 85% Speed 29.6 MPH (Morningside 2020) Crashes None at intersection. Sight Lines Adequate Previous Request Morningside- removal of advanced stop sign for eastbound traffic. Unique Circumstances Only stop control on Morningside is at Grimes. Recommendation All-way stop controls are not warranted. Description Requester cites speeding vehicles in area and is requesting all-way stop controls to be installed. ADT 88 (Virginia 2017) 42 (W 62nd 2017) 85% Speed 23.1 MPH (Virginia 2017) 20.9 MPH (W 62nd 2017) Crashes None at intersection. Sight Lines Vegetation at southwest corner. Warrants current east/west stop controls. Previous Request N/A Recommendation All-way stop controls are not warranted. Vernon Ave facing east towards Arctic Way Morningside Rd at Crocker Ave W 62nd St at Virginia Ave STAFF REPORT Page 4 Section D: Other traffic safety items handled D1. A resident was concerned with vehicle speeds on Alden Dr within the Morningside neighborhood and Xerxes Ave, south of HWY 62. The Police Department was requested to use the mobile speed trailer or targeted enforcement. D2. A resident noted northbound drivers failing to stop at the intersection of Valley View Rd and McCauley Tr. Stop signs are visible for the northbound approach and the EPD was requested for enforcement. D3. A resident noted a missing stop sign during a construction project at W 72nd St at Cornelia Dr. The intersection was reviewed and all stop signs were present. D4. A resident was concerned with walking along Tracy Ave in the Heights neighborhood. The resident was advised to submit a petition to Council for construction of a sidewalk. D5. A resident requested a crosswalk to be reinstalled over W 42nd St at Alden Dr. This crosswalk is anticipated to be reinstalled next spring prior to the completion of the nearby Morningside neighborhood street reconstruction project. D6. A resident requested a crosswalk over Vermon Ave at Schaefer Rd. Hennepin County staff was informed of this request as crosswalk markings on Vernon Ave requires review from the County. D7. A complaint was submitted regarding broken glass on Interlachen Blvd. Upon a site visit, the glass was removed. D8. A resident requested intersection control changes at Tracy Ave and the westbound HWY 62 exit ramp intersection. Any intersection changes made here need review by MnDOT. MnDOT staff has been notified of the concern for further consideration. D9. A request was made for all-way stop controls at W 58th St and Xerxes Ave citing impacted sight lines when parking on Xerxes is present and the hill on the western approach being slippery during the winter. Public Works was notified of the slippery conditions and all-way stop controls are not warranted, but were passed along to Hennepin County staff. D10. A resident requested signage for unsafe bicyclists using the Ninemile Creek Regional Trail boardwalk bordering Minnetonka. NCRT staff is reviewing the use of such signage along the path. D11. A resident in the Morningside neighborhood had concerns about on-street parking issues prior to the 2022 street reconstruction project. Following the project, the concerns have been resolved. Date: January 2, 2024 Agenda Item #: VI.M. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Building Energy Benchmarking Services Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for Building Energy Benchmarking Services with Touchstone IQ for $42,400. INTRODUCTION: Touchstone IQ has provided energy benchmarking services since 2020 on behalf of the City of Edina. This contract will support those services in 2024. ATTACHMENTS: Description Request for Purchase: Building Energy Benchmarking Services Agreement: Building Energy Benchmarking for 2024 Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12300244 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 Requisition Description: Building Energy Benchmarking Services Vendor: Touchstone IQ Cost: $42,400.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: Touchstone IQ has provided energy benchmarking services since 2020 on behalf of the City of Edina. This contract will support those services in 2024. BUDGET IMPACT: This purchase is funded from the Conservation and Sustainability Fund (CAS). 2 COMMUNITY IMPACT: Communities benefit from more efficient buildings, and more transparent energy benchmarking provides community members with tools to better understand surrounding environment. ENVIRONMENTAL IMPACT: Building energy use accounted for 56% of Edina's total greenhouse gas emissions in 2019. Implementing the City's Efficient Buildings Ordinance is critical to reducing energy use and associated emissions. 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com Edina’s Building Energy Benchmarking Scope of Work Project Overview The Touchstone IQ team will complete the following building benchmarking ordinance scope of work items based on Edina’s requested services. The scope items and pricing are based on the fact that there are 268 covered buildings that need to meet the ordinance requirements. Scope 1 – Training and Outreach Overview Touchstone IQ will perform the following activities for Edina’s building owners: • Facilitate easy and accurate compliance by building owners/managers. • Provide custom assistance for complex building situations • Provide training, training materials and tools • Provide any applicable content updates for the program ordinance website • Assist Edina in providing outreach to building owners and act as a liaison with utilities and building owners for data requests. The following details our approach in facilitating easy and accurate compliance by building owners/managers. Training Touchstone IQ will deliver one to two web-based trainings prior to the submission deadline. Trainings will be both presentation and interactive help sessions to achieve the most effective results. Coordination of the sessions will be a combination of Touchstone IQ and City staff. We will look to coordinate, when possible, with representatives from Energy Star, Xcel Energy and CenterPoint Energy. Training material will be posted on the ordinance program website and regularly updated when necessary. Compliance Outreach Help Center Staff will perform Outreach activities to help educate building owners on compliance requirements. This will include email blasts and direct phone calls. We will support direct mailings through the development of content and building address lists. It is expected that the City will cover all costs associated with printing and direct mailer postage. Direct outreach activities will include the following tasks. 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com • Send two formal compliance reminder notices each year o Email and mail (Mailer production and distribution costs to be covered by the City) • Send two formal violation reminder notices each year for non-compliant building owners o Email and mail (Mailer production and distribution costs to be covered by the City) • After the compliance deadline, staff will call non-compliant building owners, if contact information is available. o If deemed necessary, a 2nd round of non-compliance calls will be made to building owners who have yet to submit 2 months after the submittal deadline. Scope 2 – Help Center Administration Overview Touchstone IQ will perform the following activities for Edina: • Operate a telephone and email helpline • Analyze data to ensure accurate compliance. • Assist in the review and assessment of submissions from building owners/managers to review the accuracy of compliance in both energy use data and building characteristics data. • Generate emails to non-complying building owners on city-specific letterhead to ascertain the reason(s) for noncompliance and possible solutions to the issue(s). The following details our approach for analyzing Energy Star reporting data to ensure accurate compliance. Help Center Administration The Help Center will be staffed with trained energy and sustainability professionals from 9:00am – 5:00pm Central Standard Time, Monday through Friday. A single 1-800 help center number will be used for all Minnesota cities participating in the Efficiency Buildings Collaborative building benchmarking programs. The Help Center will be regularly staffed by one to two representatives. Additional representatives may be added during peak periods, if needed. Based on the number of participating buildings we don’t perceive this as being necessary very often. Callers will have the option to leave voicemails. All phone calls and emails received through the Help Center will be answered directly or responded to within 24-48 hours. Communications received at the end of the day on Friday or over the weekend will be responded to on Monday, at the latest. 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com Our Help Center staff will utilize screen-sharing technology to easily identify submission issues and correct building owner problems in real-time. Our staff will also coordinate with the local Utilities to facilitate auto utility data uploads, where possible. All building owner communication will be tracked through Touchstone IQ for both emails and phone calls. Help Center staff will have access to all past communication notes and emails to better assist building owners. Submission Management Help center staff will receive, track and manage all building owner compliance submissions. Submission approval, denial, and requests for additional information will be tracked by help center staff within Touchstone IQ. Upon receiving building owner submittals, help center staff will respond within five business days with the appropriate approval notification or non- compliance email. Emails will be sent directly from Touchstone IQ and will utilize the City’s letter head / signature line. Help center staff will also call building owners who have non-compliant submissions directly and personally walk them through the reason for non-compliance and the appropriate steps required for approval. Help center staff will also respond within one week to all building owner exemption requests. Touchstone IQ includes automated data quality control checks for more than 50 different points for items such as: • Unusually high or low Energy Star Score • EUI unusually high or low, by building type • Missing utility bill data • Unusual number of building occupants • Unusual number of operating hours • Missing program building ID Touchstone IQ will create new/appropriate check points as Energy Star adds new building types (e.g. hospitals, jails, etc. that are not currently covered by Energy Star). We will review each quality control check point with the county / cities and finalize based on the county / city’s desired checks. We plan for the data checks to be standardized for all participating cities for consistency, but do have flexibility it a city wishes to have different data check requirements. Building Owner Data Updates Touchstone IQ Help Center staff will update Edina’s covered building list at the beginning of the program year by requesting and analyzing data from the Hennepin County Assessor’s office on 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com any demolitions, new construction, and owner changes for buildings 25,000 sq ft or larger in Edina. Additionally, through the course of providing help center outreach and submission support, Touchstone IQ staff will update the database to reflect any new building and/or owner data. For parcels with multiple qualifying buildings, help center staff will assign new Benchmarking ID’s for compliance tracking purposes. Scope 3 – Score Card Development, Distribution, and Map Overview Touchstone IQ will perform the following activities for each City: • Provide customized feedback on energy use to cities and building owners/managers. • Develop city-specific data to provide energy use feedback to building owners in the form of an energy report card reported annually to the building owners. o The energy report card will show current reporting data along with comparisons to previous reported data per building. • Buildings will be included within the state wide interactive public map The following details our approach for providing customized feedback on energy use to cities and building owners/managers. Score Card Development and Distribution Once the program reporting deadline date has passed and upon approval from the City, Touchstone IQ will work with City staff to compile and send out the individual building report cards. The report card creation and data inputs will be automated through Touchstone IQ. Score cards will be distributed through personalized emails, facilitated within Touchstone IQ. Recommended data to be presented in the report cards include, but are not limited to: • Energy Star Score • EUI • How their building compares to peers • Savings potential (high level cost and payback information) • Energy efficiency program support materials (i.e. rebates, incentive programs, tax credits, etc.) Printed report card versions may also be utilized, but printing and postage costs are to be covered by the City. 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com Interactive Map Map Development Touchstone IQ will include the Edina buildings within the Efficient Buildings Collaborative web- based interactive map. This map will be used to report out the building benchmarking results to the public. The interactive map design will allow users to view building compliance statistics, Energy Star rating, EUI, as well as compare buildings by size, type, location, and numerous other data points. This data is compiled year-over-year to provide historical comparison ability. The map will integrate directly with Touchstone IQ for Governments software and update automatically as new building reports are submitted. The map will provide enhanced visuals, comparison capabilities and reporting to help promote the goals of the benchmarking program. Scope 4 - Energy Assessment Data Tracking Overview The Touchstone IQ team will design and configure an energy assessment module as part of the existing benchmarking tracking system. The energy assessment module will include tracking on, but not limited to, the following data points. • Energy assessment compliance status • Energy assessment due dates • Energy assessment submissions • Energy assessment exceptions/exemptions • Recommended and implemented energy cost reduction measures o Captured through online form • Voluntary early compliance • Call and email correspondence related to energy assessments from the help center and energy assessors (MN Department of Commerce, MFBE, and large building implementors) Data will be collected through an online form tool and automatically integrated into the benchmarking tracking system. This online form will allow for collecting both data fields as well as building owner uploaded documents. The scope items and pricing are based on the following assumptions: SqFt Category Initial Assessment Due Date Anticipated #Multi-Family Properties Anticipated # Multi-Family Properties Needing Evaluation Commercial & Other Properties (private properties only) Anticipated Commercial & Other Properties Needing Evaluation 100,000+ 11/1/2022 45 22 55 28 50,000-99,999 6/1/2023 25 13 60 30 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com 25,000-49,999 6/1/2024 30 15 50 25 Submission Management Touchstone IQ will create, manage, and integrate an online energy assessment submission and energy assessment exception/exemption forms. All information related to submissions and correspondence will be tracked and recorded within the energy assessment module or the building record page within the existing database. With guidance from the City, help center staff will review and approve or deny all energy assessment submissions. Energy assessment data will be used by Touchstone IQ and the City to track energy reduction progress and to identify buildings that have made improvements. Compliance Communications and Outreach Touchstone IQ will be responsible for creating the annual list of buildings that need to comply. This will entail identifying the highest 50% of EUIs in each building class based on existing data in the benchmarking tracking system. Compliance lists will be provided to appropriate energy assessors and will include energy assessment due dates, building information, and contact information. Help Center Staff will perform Outreach activities to help educate building owners on the energy assessment compliance requirement. This will include email blasts and direct phone calls. Touchstone IQ will support direct mailings through the development of content and building address lists. It is expected that the City will cover all costs associated with printing and direct mailer postage. Direct outreach activities will include the following tasks. • Send two formal compliance reminder notices each year (can be combined with benchmarking notices or separate) o Email and mail (Mailer production and distribution costs to be covered by the City) • Send two formal violation reminder notices each year for non-compliant building owners (can be combined with benchmarking notices or separate) o Email and mail (Mailer production and distribution costs to be covered by the City) • After the compliance deadline, staff will call and email non-compliant building owners, if contact information is available • Send emails connecting incentives and resources to address report findings 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com G. Pricing Structure Touchstone IQ proposes to perform the services outlined within the Scope of Work using the following fixed annual fee structure. Touchstone IQ will invoice Edina for 50% of the annual fee on January 1st and the remaining 50% on June 1st of each program year. Annual Fees: Scope 2024 Scope 1 – Training and Outreach $4,000 Scope 2 – Help Center Administration $15,000 Scope 3 – Score Card Development, Distribution, and Map $6,500 Scope 4 – Energy Assessment Data Tracking $16,900 Total $42,400 •Software and benchmarking services based on supporting an estimated 268 buildings. An increase of 10% or more buildings (mandatory or voluntary) reported and tracked within the Touchstone IQ for Governments software may require a change in annual fee and will be negotiated at that time. •Help Center services are based on a June 1st reporting deadline date. Any adjustments made to this date (i.e. extending the deadline) will increase costs and require a scope change in the benchmarking Help Center services fee. This scope change and fee adjustment will be $3,000 per each additional month beyond the June 1st deadline date to cover additional costs associated with help center management. Additional optional scope item fees are also provided below. Additional Optional City Fees: Additional Scope Items Fee Notes Software Annual License (Touchstone IQ for GovernmentsTM) $1,980 Billed per city 2000 S. Colorado Blvd. Annex Ste 460. Denver, CO. 80222 | 303-327-9769 | www.touchstoneiq.com Site visits (by request only) $1,000 (estimate) Billed based on T&M Separate 1-800 phone number for city $900 Billed per city ACCEPTED BY: Signature: _________________________________ Name: _______Scott Neal_____________________ Title: ________City Manager __________________ Date: ________1/2/2023______________________ Date: January 2, 2024 Agenda Item #: VI.N. To:Mayor and City Council Item Type: Request For Purchase From:Noah Silver, Electrical/HVAC Supervisor Item Activity: Subject:Request for Purchase: Police Department EV Charging Station Underground Infrastructure Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase for Police Department EV Charging Station Underground Infrastructure with Egan Company for $23,350. INTRODUCTION: This project will install the necessary underground infrastructure to support a level 2 EV charger. This high capacity level 2 EV charging station will reduce the charging time of police vehicles by 50-60%. The station will be located in the rear parking lot of the police station to support the department's expanding fleet of battery electric vehicles. ATTACHMENTS: Description Request for Purchase: Police Department EV Charging Station Underground Infrastructure Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12300230 Department: Engineering Buyer: Noah Silver Date: 1/02/2024 Requisition Description: Police Department EV Charging Station Underground Infrastructure Vendor: EGAN COMPANY Cost: $23,350.00 REPLACEMENT or NEW:NEW - NEW PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: This project will install the necessary underground infrastructure to support a level 2 EV charger for the Police Department. This work includes underground raceway, wiring, and concrete pad for new high capacity level 2 EV charging station. The increased capacity of this unit will reduce the charging time by 50-60%. The station will be located in the rear parking lot of the police station to support the department's expanding fleet of battery electric vehicles. BUDGET IMPACT: Equipment is funded from the Construction and Sustainability Fund Vehicle - Make/Model/Year current vehicle (if replacement): Vehicle - Does purchase meet Green Fleet Recommendations? - Vehicle - If does not meet Green Fleet Recommendations, justification: - MPG: Carbon Emissions: Date: January 2, 2024 Agenda Item #: VI.O. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Change Order #1 for Sanitary Sewer Lift Station No. 3 Construction Phase Services Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase Change Order #1 for Sanitary Sewer Lift Station No. 3 Construction Phase Services with Bolton & Menk for $19,000 for a total contract of $99,480. INTRODUCTION: Due to material delivery delays with the prefabricated building and electrical equipment, construction will take longer. This change order increases our consultant's contract to continue to monitor construction. Construction services for lift station No. 3 replacement include construction observation, administration, staking, electrical and structural support, management, and record drawings. ATTACHMENTS: Description Request for Purchase: Change Order #1 Sanitary Sewer Lift Station No. 3 Construction Phase Services Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12100160 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 Requisition Description: Change Order #1: Construction Services Lift Station 3 Replacement Vendor: BOLTON & MENK INC Cost: $19,000.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:SERVIC K - SERVICE CONTRACT DESCRIPTION: Due to material delivery delays with the prefabricated building and electrical equipment, construction will take longer. This change order increases our consultants contract to continue to monitor construction. Construction services for lift station 3 replacement. Services include construction observation, administration, staking, electrical and structural support, management, and record drawings. BUDGET IMPACT: This project is funded from the sanitary sewer fund and detailed in CIP Project No. 19-339. Additional funds are being utilized for the capital replacement of the lift station from savings associated with the 2020 SCADA Project and the 2021 Street Reconstruction Projects. Original Contract Amount = $80,480.00Change Order #1 = $19,000.00 Revised Contract Amount = $99,480.00 2 ENVIRONMENTAL IMPACT: Engineering services has little environmental impact. Staff ensured the deign of the lift station accounts for the City's sustainability goals. This type of infrastructure does use natural resources and energy to operate. Date: January 2, 2024 Agenda Item #: VI.P. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Change Order #1 to Bury Overhead Power Lines on the Blake Road Project Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase, Change Order #1 with Northern States P ower (Xcel Energy) for $198,927.80 to bury overhead power lines on the Blake Road project. INTRODUCTION: The costs were higher than estimated due to winter construction, traffic control changes and changes in the field to protect existing trees. The Blake Road Street Reconstruction project has many competing priorities. The design that minimizes impacts while still meeting many of the priorities does not create space for overhead power. Therefore, a request was made to Xcel to bury the power lines. This is not a typical service of street reconstruction, but the existing topography of this project requires actions that are not typical. ATTACHMENTS: Description Request for Purchase: Change Order #1 Bury Overhead Power Lines on the Blake Road Project Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200175 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 Requisition Description: Change Order #1: Blake Road Project: Bury Overhead Power Lines Vendor: NORTHERN STATES POWER COMPANY, MINNESOTA Cost: $198,927.80 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:SERVIC K - SERVICE CONTRACT DESCRIPTION: The cost were higher than estimated due to winter construction, traffic control changes and changes in the field to protect existing trees. The project involves burying overhead power lines along the reconstruction of 1.0 mile of municipal state aid asphalt streets, construction of a mini roundabout and street lighting at the Interlachen Boulevard intersection, replacement of existing concrete curb and gutter, installation of new concrete curb and gutter, construction of new concrete on-street bike lanes, shared use path and walk, localized rehabilitation of the sanitary sewer, watermain and storm sewer systems in the neighborhood. The project area includes Blake Road between Scriver Road and Spruce Road, and a portion of Interlachen Boulevard east of Blake Road. BUDGET IMPACT: Project funded from Municipal State Aid Funds. Original Contract Amount = $366,728.00 Change Order #1 = $198,927.80 Revised Contract Amount = $565,655.80 2 COMMUNITY IMPACT: This project will improve aesthetics and create more resilient power system. ENVIRONMENTAL IMPACT: This project will remove the need to trim trees as they come in contact with the overhead power lines. Some tree clearing is necessary but most areas align with the street reconstruction impacts. Date: January 2, 2024 Agenda Item #: VI.Q. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Change Order #1 for Blake Road Reconstruction Construction Services Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase Change Order #1 for Blake Road Street Reconstruction Construction Services with WSB for $149,564. INTRODUCTION: A large portion of the 2022 project area was delayed until 2023. This contract change order is related to additional construction phase services associated with the extension of the construction contract. The construction contract for the Blake Road Street Reconstruction improvements was awarded by the City Council on April 19, 2022. WSB provided design phase services and will perform construction observation and staking due to the unique nature of the project. ATTACHMENTS: Description Request for Purchase: Change Order #1 Blake Road Reconstruction Construction Services Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12200115 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 Requisition Description: Change Order #1: Blake Rd Construction Phase Services Vendor: WSB & ASSOCIATES Cost: $149,564.00 REPLACEMENT or NEW:REPLACEM - REPLACEMENT PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: A large portion of the 2022 project area was delayed until 2023. This contract change order is related to additional construction phase services associated with the extension of the construction contract. This purchase will provide construction phase services to support the Blake Road Reconstruction Project. These services include construction administration, construction surveying, and construction inspection. BUDGET IMPACT: This purchase is funded from a combination of Municipal State Aid and City Utility Funds. This expense was accounted for in the feasibility study. Original Contract Amount = $654,311.00 Change Order #1 = $149,564.00 Revised Contract Amount = $803,875.00 2 COMMUNITY IMPACT: The Blake Road project will provide premier, long term core service facilities and provide access and mobility for all transportation modes while enhancing safety and convenience. It is necessary to improve the infrastructure and comply with the City’s Living Streets Policy as well as Vision Edina’s mission statement to“provide effective and valued public services and maintain a sound public infrastructure”. The roundabout will reduce vehicle queues and delays during peak hours, slow traffic along Blake Road and Interlachen Boulevard, and improve safety for pedestrian, bicyclists and motor vehicles traveling along the corridor. The new pedestrian option and improved bike lanes provide an improved connection to the future Southwest Light Rail Transit Station on Blake Road just north of Excelsior Boulevard in Hopkins ENVIRONMENTAL IMPACT: NA Service Contract Date: January 2, 2024 Agenda Item #: VI.R. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Change Order #2 for Grandview Pedestrian Bridge Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase Change Order #2 for the Grandview Pedestrian Bridge with Pember Companies for $269,489. INTRODUCTION: The project scope changed slightly due to changes to better account for conditions in the field and coordination with private utilities and CP Rail. ATTACHMENTS: Description Request for Purchase: Change Order #2 Grandview Pedestrian Bridge Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12100152 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 City Council and 01/11/2024 HRA Requisition Description: Change Order #2: ENG 21-6 Grandview Pedestrian Bridge Vendor: PEMBER COMPANIES INC Cost: $269,489.20 REPLACEMENT or NEW:NEW - NEW PURCHASE SOURCE:QUOTE/BD - QUOTE/BID DESCRIPTION: This project will build a pedestrian bridge over CP Rail, connect to the upper and lower lelvels of the Grandview Parking Ramp and provide a sidewalk facility to Arcadia Avenue along the north property line of the old Public Works Site located at 5146 Eden Avenue. BUDGET IMPACT: This project is funded by Grandview 2 TIF funds. Original Contract Amount = $1,947,168.90 Change Order #1 = $0 (Contract Dates Only) Change Order #2 = $269,489.20 Revised C0ntract Amount = $2,216,658.10 2 COMMUNITY IMPACT: This project will meet many of the seven guiding principles such as enhance the district’s economic viability, design for the present and the future by pursuing logical increments of change using key parcels as stepping stones to a more vibrant, walkable, functional, attractive, and life-filled place, organize parking as an effective resource for the district by linking community parking to public and private destinations while also providing parking that is convenient for businesses and customers, improve movement within and access to the district for people of all ages by facilitating multiple modes of transportation, and preserve future transit opportunities provided by the rail corridor and create an identity and unique sense of place that incorporates natural spaces into a high quality and sustainable development reflecting Edina’s innovative development heritage. ENVIRONMENTAL IMPACT: This project will will add public infrastructure which will require future maintenance. Construction operations will create GHG emissions. The project will use recycled street materials from city operations as backfill to reduce creating new aggregate base and creating shorter haul routes to bring the material to the site. Date: January 2, 2024 Agenda Item #: VI.S. To:Mayor and City Council Item Type: Request For Purchase From:Chad A. Millner, P.E., Director of Engineering Item Activity: Subject:Request for Purchase: Change Order #1 for Grandview Pedestrian Bridge Engineering Services Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Request for Purchase Change Order #1 for Grandview P edestrian Bridge Engineering Services with Kimley Horn for $70,000. INTRODUCTION: The project scope changed slightly due to changes to better account for conditions in the field and coordination with private utilities and CP Rail. ATTACHMENTS: Description Request for Purchase: Change Order #1 Grandview Pedestrian Bridge Engineering Services Request for Purchase Requisition Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12100149 Department: Engineering Buyer: Chad Millner Date: 01/02/2024 City Council and 01/11/2024 HRA Requisition Description: Change Order #1: ENG 21-6 Grandview Ped Bridge Design and Construction Services Vendor: KIMLEY-HORN AND ASSOCIATES INC Cost: $70,000.00 REPLACEMENT or NEW:NEW - NEW PURCHASE SOURCE:SERVIC K - SERVICE CONTRACT DESCRIPTION: Engineering Services for Pedestrian Bridge The project scope changed slightly due to changes to better account for conditions in the field and coordination with private utilities and CP Rail. Kimley-Horn will provide design and construction services for a Pedestrian Bridge from Grandview Parking Ramp over the CP Railroad and continuing with a sidewalk facility to Arcadia Avenue. BUDGET IMPACT: The Project is funded by the Grandview 2 TIF District. Original Contract Amount = $475,000 Change Order #1 = $70,000 Revised Contract Amount = $545,000 2 COMMUNITY IMPACT: This project will meet many of the seven guiding principles such as enhance the district’s economic viability, design for the present and the future by pursuing logical increments of change using key parcels as stepping stones to a more vibrant, walkable, functional, attractive, and life-filled place, organize parking as an effective resource for the district by linking community parking to public and private destinations while also providing parking that is convenient for businesses and customers, improve movement within and access to the district for people of all ages by facilitating multiple modes of transportation, and preserve future transit opportunities provided by the rail corridor and create an identity and unique sense of place that incorporates natural spaces into a high quality and sustainable development reflecting Edina’s innovative development heritage. ENVIRONMENTAL IMPACT: NA Engineering Services Date: January 2, 2024 Agenda Item #: VI.T. To:Mayor and City Council Item Type: Report / Recommendation From:Kelly Curtin, Human Resources Director Item Activity: Subject:Approve 2023-2025 Union Contract for IBEW Local 292 Electricians Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve new 2023-2025 union contract for International Brotherhood of Electrical Workers (IBEW) Local 292 Electricians. INTRODUCTION: The Electricians are a newly formed bargaining unit so the attached contract is a first contract, which has been negotiated in good faith by City and Union leadership. The union has voted to approve this contract. The last step in the process is approval by the City Council. Staff recommends approval of this contract. ATTACHMENTS: Description 2023-2025 IBEW L292 Electricians LABOR AGREEMENT between THE CITY OF EDINA and INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS LOCAL NO. 292 JUNE 1, 2023 to DECEMBER 31, 2025 1 TABLE OF CONTENTS ARTICLE 1 - PURPOSE OF AGREEMENT ................................................................................... 19 ARTICLE 2 - RECOGNITION ...................................................................................................... 19 ARTICLE 3 - UNION SECURITY ................................................................................................. 19 ARTICLE 4 - EMPLOYER SECURITY ........................................................................................... 20 ARTICLE 5 - EMPLOYER AUTHORITY ....................................................................................... 20 ARTICLE 6 - EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE............................................... 20 ARTICLE 7 - DEFINITIONS .......................................................................................................... 23 ARTICLE 8 - SAVINGS CLAUSE................................................................................................... 23 ARTICLE 9 - WORK SCHEDULES ............................................................................................... 24 ARTICLE 10 - OVERTIME PAY ..................................................................................................... 24 ARTICLE 11 - CALL BACK ........................................................................................................... 24 ARTICLE 12 - VACATION LEAVE WITH PAY ........................................................................... 25 ARTICLE 13 - SICK LEAVE WITH PAY ....................................................................................... 25 ARTICLE 14 - HOLIDAYS............................................................................................................. 25 ARTICLE 15 - RESIGNATIONS .................................................................................................... 26 ARTICLE 16 - USE OF CITY EQUIPMENT AND FACILITIES .................................................... 26 ARTICLE 17 - UNIFORMS AND PERSONAL PROTECTIVE EQUIPMENT ............................... 26 ARTICLE 18 - TUITION REIMBURSEMENT ................................................................................ 27 ARTICLE 19 - NON-DISCRIMINATION IN EMPLOYMENT AND AFFIRMATIVE ACTION PROGRAM ..................................................................................................................................... 27 ARTICLE 20 - WAGE RATES ....................................................................................................... 27 ARTICLE 21 - LEGAL DEFENSE ................................................................................................... 27 ARTICLE 22 - RIGHT OF SUBCONTRACT ................................................................................ 27 ARTICLE 23 - DISCIPLINE ............................................................................................................ 27 ARTICLE 24 - SENIORITY ............................................................................................................ 28 ARTICLE 25 - PROBATIONARY PERIODS ................................................................................. 28 ARTICLE 26 - SAFETY .................................................................................................................. 28 ARTICLE 27 - JOB POSTING ....................................................................................................... 28 ARTICLE 30 - INSURANCE .......................................................................................................... 29 ARTICLE 31 - INJURY ON DUTY [IOD] .................................................................................... 29 ARTICLE 32 - WAIVER ................................................................................................................. 30 ARTICLE 33 - DURATION ........................................................................................................... 30 APPENDIX A-1 .............................................................................................................................. 33 2 MEMORANDUM OF AGREEMENT ............................................................................................. 34 MEMORANDUM OF UNDERSTANDING .................................................................................. 35 -page intentionally left blank- 19 LABOR AGREEMENT BETWEEN THE CITY OF EDINA AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL No. 292 ARTICLE 1 - PURPOSE OF AGREEMENT This Agreement is entered into between the City of Edina hereinafter called the Employer, and Local No. 292, International Brotherhood of Electrical Workers, hereinafter called the Union. The intent and purpose of this Agreement is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning the interpretation or application of the specific terms and conditions of this Agreement; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 - RECOGNITION The Employer recognizes the Union as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. §179A.03, Subdivision 14 excluding supervisory, confidential and all other employees:  Facilities Department- Electrician/HVAC ARTICLE 3 - UNION SECURITY In recognition of the Union as the exclusive representative the Employer shall: 20 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the Union from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the Union. 3.3 The Union may designate certain employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 3.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 4 - EMPLOYER SECURITY The Union agrees that during the life of this Agreement, that the union will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all staffing, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6 - EMPLOYEE RIGHTS – GRIEVANCE PROCEDURE 6.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated. 21 6.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to the Minnesota Bureau of Mediation Services (BMS) for mediation. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer’s final answer at Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. 22 Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree on an arbitrator, the selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the BMS. 6.5 Arbitrator’s Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union. 6.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Article VI or a procedure such as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Article VI the grievance is not subject to the arbitration procedure as provided in Step 5 of Article VI. The 23 aggrieved employee shall indicate in writing which procedure is to be utilized – Step 5 of Article VI or another appeal procedure – and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 5 of Article 6. ARTICLE 7 - DEFINITIONS 7.1 Union: The International Brotherhood of Electrical Workers, Local 292 7.2 Employer: The City of Edina. 7.3 Union Member: A member of the International Brotherhood of Electrical Workers, Local 292 7.4 Employee: A member of the exclusively recognized bargaining unit. 7.5 Base Pay Rate: The employee’s hourly pay rate exclusive of longevity or any other special allowance. 7.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2 – Recognition. 7.7 Severance Pay: Payment made to an employee upon honorable termination of employment. 7.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 Call Back: Return of an employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 FR/AR: Flame-resistant / Arc-rated ARTICLE 8 - SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. 24 ARTICLE 9 - WORK SCHEDULES 9.1 The sole authority in work schedules is the Employer. The normal workday for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal workday. The Employer will give seven (7) days’ advance notice to the employees affected by the establishment of workdays different from the employee’s normal eight (8) hour workday. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal workday be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 10 - OVERTIME PAY 10.1 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee’s regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. 10.3 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 10.5 When employee exceeds fourteen (14) hours continuous service, all hours in excess of fourteen (14) will be paid at twice the base rate. 10.6 All overtime work performed by employees between the hours of 12:00 A.M. and 11:59 P.M. on New Year’s Day, the Fourth of July, Labor Day, Christmas Day, Thanksgiving Day, Christmas Eve will be paid two times the regular rate of pay. ARTICLE 11 - CALL BACK An employee called in for work at a time other than the employee’s normal scheduled shift will be compensated for a minimum of three (3) hours’ pay at one and one-half (1½) times the employee’s base pay rate. Early reporting or extension of regularly scheduled work shall not qualify for the call back minimum. 25 ARTICLE 12 - VACATION LEAVE WITH PAY Vacation will accrue as defined in the City’s personnel policies/Employee Handbook. ARTICLE 13 - SICK LEAVE WITH PAY 13.1 Full-time employees shall accrue sick leave, with pay, at the rate of eight (8) hours per month. 13.2 Paid sick leave may be used as defined in the City’s personnel policies/Employee Handbook. 13.3 Employees requesting sick leave shall contact the Employer or the Employer’s representative prior to the time the employee is regularly scheduled to report for duty or if unable to do so, notify him/her within the first thirty (30) minutes of the scheduled workday. 13.4 Written request for the sick leave to be used for other than personal injury or illness is to be made to the Employer’s representative prior to the use of the sick leave or the workday following the employee’s return. The Employer reserves the right to verify the reported cause for the requested sick leave by such means as he/she deems necessary. 13.5 The employee, at the request of the Employer, shall provide proof of their physical ability to perform their normal duties upon their return from sick leave. 13.6 Payment for Unused Sick Leave Regular full-time employees who have sick leave benefits and leave the City in good standing after a minimum of five (5) years of full-time employment or who were employed by the City prior to January 1, 2016 and leave in good standing shall receive a lump sum payment equal to 50% of their accrued and unused sick leave as of the date of separation. The maximum number of hours subject to this payment shall not exceed 960 hours, (i.e., 1,920 hours of accrued and unused sick leave x 50% = 960 hours). The payment shall be based upon the employee’s rate of pay at the time of separation. The payment shall be made within 30 days of separation. ARTICLE 14 - HOLIDAYS 14.1 The following legal holidays will be observed as paid holidays:  New Year’s Day …………… …….. January 1st  Martin Luther King Day ……… …. 3rd Monday in January  President’s Day ……………………. 3rd Monday in February  Memorial Day ……………………… Last Monday in May  Juneteenth………………………….. June 19th 26  Independence Day …………………. July 4th  Labor Day …………………………. 1st Monday in September  Veteran’s Day ……………………… November 11th  Thanksgiving Day …………………. 4th Thursday in November  Day after Thanksgiving Day ………. 4th Friday in November  Christmas Eve Day ………………… December 24th  Christmas Day ……………………… December 25th  Floating Holiday 14.2 Except for Christmas Eve, when a paid holiday falls on a non-scheduled workday, the regular scheduled workday closest to the holiday shall be observed as the holiday. If Christmas Eve falls on a Friday, Saturday, or Sunday, full-time employees will receive an additional floating holiday in lieu of the Christmas Eve holiday for that year. ARTICLE 15 - RESIGNATIONS Any employee wishing to terminate their employment with the Employer in good standing shall file a written resignation with the Employer at least fourteen (14) calendar days prior to the termination date. Failure by the employee to file said resignation within the required fourteen (14) day period may be considered just cause for the Employer to deny future employment and severance pay to the employee. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the Employer as a resignation by the employee. ARTICLE 16 - USE OF CITY EQUIPMENT AND FACILITIES City tools, kits, equipment and facilities are to be used only for official business unless specifically authorized by the Employer as a condition of the employee’s employment. ARTICLE 17 - UNIFORMS AND PERSONAL PROTECTIVE EQUIPMENT 17.1 Employer will provide annual stipend to cover cost of uniforms for each employee. Stipend will be reviewed annually to ensure adequate funds are made available for proper uniforms. 17.2 The Employer shall provide and maintain all protective equipment, to include FR/AR-rated clothing required under the current OSHA, NFPA 70E, State and County Regulations, Employer, or Employer’s customer rules or regulations, to include safety equipment and FR/AR- rated clothing. 17.3 The Employer will provide up to Two Hundred Fifty Dollars ($250) per year per employee for the purchase of safety shoes and Twenty-Five Dollars ($25.00) for safety glasses not provided in Section 17.1. 27 ARTICLE 18 - TUITION REIMBURSEMENT The City will cover the cost of necessary courses/education to maintain required licensure or career development. Courses that fall within regular work hours will be considered hours worked. Employees are also eligible to participate in the City’s Tuition Reimbursement program as outlined in the Employee Handbook. ARTICLE 19 - NON-DISCRIMINATION IN EMPLOYMENT AND AFFIRMATIVE ACTION PROGRAM It is agreed by the City and the Union that both parties shall provide the equal employment opportunities and membership in the Union without regard for race, color, religion, national origin, political affiliation, disability, marital status, status with regard to public assistance, sex, age or criminal record. ARTICLE 20 - WAGE RATES See Job Classifications and Wage Rates in Appendix “A-1”. ARTICLE 21 - LEGAL DEFENSE 21.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 21.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the employee’s employment, when such act is performed in good faith and under direct order of the employee’s supervisor, shall be reimbursed for reasonable attorney’s fees and court costs actually incurred by such employee in defending against such charge. ARTICLE 22 - RIGHT OF SUBCONTRACT Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered by this Agreement. ARTICLE 23 - DISCIPLINE 23.1 The Employer will discipline employees only for just cause. 23.2 Upon request by the employee, a Union representative shall have the right to be present at any investigatory interview of an employee who is the subject of the investigation. 28 ARTICLE 24 - SENIORITY 24.1 Seniority will be the determining criterion for transfers, promotions and lay-offs only when all job-relevant qualification factors are equal. 24.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision will continue for twenty-four (24) months after lay-off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee’s last known address to report to work or forfeit all recall rights. ARTICLE 25 - PROBATIONARY PERIODS 25.1 All newly hired or rehired employees will serve a twelve (12) months’ probationary period. 25.2 All employees will serve a twelve (12) months’ probationary period in any job classification in which the employee has not served a probationary period. 25.3 At any time during the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the Employer. ARTICLE 26 - SAFETY The Employer and the Union agree to jointly promote safe and healthy working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. Employees will wear safety equipment that is provided by the City during applicable situations. The Employer will provide relevant NFPA 70E training for qualified employees performing energized work. ARTICLE 27 - JOB POSTING 27.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 27.11 have the necessary qualifications to meet the standards of the job vacancy; and 27.12 have the ability to perform the duties and responsibilities of the job vacancy. 27.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 25 [PROBATIONARY PERIOD]. 29 27.3 The Employer has the right to final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. Whenever all job relevant qualifications, abilities and experience are equal, then seniority will prevail. 27.4 The Employer may, at its discretion, advertise a job vacancy internally and externally simultaneously. 27.5 All new applicants must be a graduate of a State approved Apprenticeship program and carry a valid State of Minnesota Class A Journey worker or Master License. 27.6 At its discretion Employer will be allowed to participate in JATC Apprenticeship program. Participation in this program will be used to supplement, not replace, current Employees. Participation will follow standards set by JATC under other agreements and Employer will ensure programs required worker ratio between Journeyworker to Apprentices worker. Employer reserves the right to request candidates at various stages of program. ARTICLE 30 - INSURANCE The Employer will provide the same employer contribution to the City’s cafeteria plan as is given to all non-Union City employees. ARTICLE 31 - INJURY ON DUTY [IOD] Employees injured during the performance of their duties for the Employer and thereby rendered unable to work for the Employer may choose to be paid the difference between the employee’s normal net take home pay (i.e., regular salary less mandatory deductions) and Worker’s Compensation Insurance payments for a period not to exceed ninety (90) working days, charged to the employee’s sick leave, vacation, or other accumulated benefits. Such injury-on-duty pay shall be granted only to employees whose injury claim has been approved by the Worker’s Compensation carrier as being incapacitated (unable to work) as a result of injury incurred through no misconduct of their own while on the actual performance of City assigned duties and only during the period they remain so certified. The City Manager shall have the discretion to require an injured employee to submit to a medical examination by competent medical authority approved by the City to determine if the employee is capable and qualified to return to any assigned City duties commensurate with their capabilities. To qualify for such compensation an employee shall comply with all requirements of the Minnesota Workers’ Compensation Law. 30 ARTICLE 32 - WAIVER 32.1 Any and all prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or conditions of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 33 - DURATION This Agreement shall be effective June 1, 2023, and shall remain in full force and effect until the 31st day of December 2025. 31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 3rd day of January 2024. FOR THE CITY OF EDINA: FOR THE INT’L BROTHERHOOD ELECTRICAL WORKERS LOCAL NO. 292: _______________________________ __________________________ Scott Neal, City Manager Jeffrey J. Heimerl, Business Manager _______________________________ __________________________ Kelly Curtin, HR Director David Frary, Business Agent _______________________________ Keith Rischmiller, Steward _______________________________ Jaren Schmieg, Steward _______________________________ Terry Klapperick, Steward 32 - page intentionally left blank- 33 CITY OF EDINA APPENDIX A-1 WAGES Wage rates for June 2023 through December 2025: Electricians/HVAC June 1, 2023 January 1, 2024 (3%) January 1, 2025 (3.5%) Hourly Wage $51.50 $53.05 $54.90 34 MEMORANDUM OF AGREEMENT Between the City of Edina and International Brotherhood of Electrical Workers (IBEW) Local Union Number 292 (Terry Klapperick Compensation) The City of Edina (“City”) and the International Brotherhood of Electrical Workers (IBEW) Local Union Number are parties to a collective bargaining agreement (the cba) effective June 2023 and continuing through December 31, 2025; The bargaining unit at issue consists of employees in the classification of Facilities Department- Electrician/HVAC; The bargaining unit has one incumbent employee, Terry Klapperick, (hereinafter the Employee), in this classification who does not meet the existing minimum requirements of the classification and does not perform the full duties of the classification but has significant individual experience in performing work for the City; The parties recognize that, upon this Employee retiring or otherwise separating from service with the City, the City retains the management right to determine whether the position will be abolished, modified or become a position filled by an individual who meets the requirements and performs all the duties of the Facilities Department- Electrician/HVAC; Accordingly, the parties agree that, 1. In recognition of this limited continuation of the Employee’s employment with the City in his current role, the City agrees to continue payment of the Employee at a rate consistent with that applicable to employees in the Facilities Department- Electrician/HVAC classification for the lesser period of: 1) the stated end date of the collective bargaining agreement; or 2) the Employee’s employment with the City in his current capacity; and 2. Upon the earlier of the stated end date of the collective bargaining agreement; or 2) the Employee’s employment with the City in his current capacity, the City retains its full management right to determine whether to abolish, modify, continue or require that the position meet the requirements and perform all the duties of the Facilities Department- Electrician/HVAC 3. This Memorandum may be extended upon the mutual written consent of the parties. Such extension must be in writing. By entering into this Memorandum of Agreement, the parties are addressing a unique issue related to the continued employment and pay of one individual. Accordingly, by entering into this Memorandum of Agreement, the City is not waiving or limiting any management rights and the Union is not waiving or limiting any right to negotiate over wages and terms and conditions of employment. Further the parties specifically agree that this Agreement and resulting application will not establish any precedent, may not be utilized as an aid to interpret language in the collective bargaining agreement or operate as evidence of past practice. For the City of Edina: For IBEW Local Union #292 Kelly Curtin, HR Director David Frary, Business Agent Dated: _________________________ Dated: _________________________ 35 CITY OF EDINA MEMORANDUM OF UNDERSTANDING Health Care Savings Plan The following Agreement addresses member participation in the City’s Health Care Savings Plan. The City of Edina and the International Brotherhood of Electrical Workers, Local 292, agree that members will participate in the City’s current Health Care Savings Plan outlined as follows: 1. Effective April 1, 2003, this program applies to all regular full-time employees. 2. Employees with less than five years of service do not participate in the HCSP. 3. For all employees with more than five years of service, participation in the HCSP is mandatory. 4. Employees eligible to receive a severance payment for unused sick leave at termination of employment must contribute the entire sick leave portion of their severance to the HCSP account up to a maximum of 960 hours. 5. Employees eligible to receive six weeks’ severance pay at termination instead of payment for sick leave must contribute the entire six weeks’ severance payment to their HCSP account. This Memorandum will remain in effect from June 1, 2023, through December 31, 2025. As of January 1, 2026, this Memo may be extended, modified, or eliminated at either party’s request. *********************************************************** For the City of Edina For IBEW Local Union #292 ______________________________ _____________________________ Kelly Curtin, HR Director David Frary, Business Agent Dated_________________________ Dated________________________ Date: January 2, 2024 Agenda Item #: VII.A. To:Mayor and City Council Item Type: Other From:Todd Milburn, Police Chief Item Activity: Subject:Hennepin County Sheriff Dawanna Witt Update Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Hennepin County Sheriff Dawanna Witt will be updating the Council on activities in the Sheriff's Office. ATTACHMENTS: Description Sheriff Witt's Presentation Meeting Handout Edina City Council 2024 Hennepin County Sheriff Presentation Sheriff Dawanna S. Witt Hennepin County Sheriff's Office Overview Hennepin County Sheriff's Office •Background on Sheriff Witt •Background on Sheriff’s Office •Challenges Facing Law Enforcement •Strategic Priorities •Legislative Priorities About the Sheriff Hennepin County Sheriff's Office •Raised in South Minneapolis •Chemical dependency nonprofit work •23 Years in Law Enforcement •2000 – Hennepin County •Detention Deputy •2004 – Dakota County – Licensed Peace Officer •Bailiff/Transport/School Resource Officer •Crisis Negotiator/Recruiter/Community Outreach/DEI Coordinator •Promoted to Sergeant and Captain •2016 Adjunct Professor – Inver Hills CC •Criminal Justice – Focus on Juvenile Issues •2019 - Hennepin County •Major over Jail and Courts •Sworn in January 2, 2023 About the Hennepin County Sheriff’s Office Hennepin County Sheriff's Office •~ 820 employees currently •Five bureaus: •Investigative •Administrative •Court Services/Adult Detention •Public Safety Services •Community Relations Current Challenges in Law Enforcement •Depleted law enforcement pipeline •Community-police trust •Increase in severity and frequency of crime •Lack of consequences, placement options Hennepin County Sheriff's Office Strategic Priorities 1.Violent Crime Reduction 2.Opioid Overdose Prevention 3.Programming and Reform 4.Recruitment and Retention 5.Community Outreach Hennepin County Sheriff's Office Hennepin County Sheriff's Office Legislative Priorities Legislative Priorities •2023 1.Public Safety Aid Funding 2.Fentanyl Penalties 3.5th Major HCSO 4.Peace Officer Education 5.48-Hour Rule Hennepin County Sheriff's Office •2024 1.Recruitment and Retention 2.Jail Programming (HOPE) 3.Juvenile Task Force 4.1115 Waiver 5.Forensic Science Lab Equipment (Federal) Public Safety Aid Funding •$300 million statewide •$14.1 million to Hennepin County •$2.34 million to Edina •One-time funds in 2023 Hennepin County Sheriff's Office Community Outreach •New bureau •CAB •Youth CAB •Citizens Academy Hennepin County Sheriff's Office Task Force Information Hennepin County Sheriff's Office Category Number/Amount Arrests Made 246 Search Warrants Executed 72 State Charges 158 Federal Indictments 12 Illegal Firearms Seized 87 Heroin Seized 356 g Methamphetamine Seized 17,314 g Cocaine Seized 7,714 g Fentanyl “M30” Pills Seized 20,316 pills Powder Fentanyl Seized 2,704 g (~1.35 million lethal doses) Southwest Hennepin Drug Task Force Seizures - 2023 Thank You! Hennepin County Sheriff's Stratecic Priorities 2023 Sheriff Dawanna Witt was elected on November 8, 2022, and took office on January 3, 2023 as the 29th Sheriff of Hennepin County. After meeting and listening to the concerns of the community, she developed a platform based on mutual interests that served as the inspiration for her 2023 strategic priorities. These priorities will center around building safer communities through violent crime reduction, opioid overdose prevention and awareness, reform through programming, public safety recruitment and retention, and community engagement and education. She will accomplish these through increased partnerships, collaborations, and initiatives while providing compassionate, respectful, and transparent public safety services to all citizens of Hennepin County. 2023 Strategic Priorities 1. Violent Crime Reduction — leverage partnerships as a force multiplier and seek funding opportunities for personnel, technology and equipment that will increase the ability to intervene, interrupt and apprehend violent criminals and reduce the number of illegal guns and lethal drugs in our community. 2. Opioid Overdose Prevention and Awareness — provide advocacy and a multi-pronged approach to address the destructive impact that the sharp increase of fentanyl trafficking is having on our county and state. This approach will include collaborations with numerous stakeholders to communicate overdose spike alerts and provide opioid education, Narcan training and distribution, and multiple options for safe medicine collection and disposal. 3. Reform Through Programming — expand information and access to education, job opportunities, social services, and medical treatment to ensure inmates are immediately connected to the appropriate resources needed to positively impact their return to the community. 4. Public Safety Recruitment and Retention — explore and implement new strategies to recruit and retain public safety employees, including legislative strategies and other funding mechanisms that focus on training and development, and retention and wellness initiatives to keep our trusted employees healthy and supported. 5. Community Engagement and Education — strengthen community relationships by engaging all citizens and maximizing the input provided by the community to improve public safety services. Provide public safety education and programs that benefit everyone from our youth to our seniors. Improve communication and technology platforms to ensure easy access to public information and to highlight the important work performed by the agency. Task Force Information Southwest Hennepin Druc Task Force Seizures - 2023 Category Number/Amount Arrests Made 246 Search Warrants Executed 72 State Charges 158 Federal Indictments 12 Illegal Firearms Seized 87 Heroin Seized 356 g Methamphetamine Seized 17,314 g Cocaine Seized 7,714 g Fentanyl "M30" Pills Seized 20,316 pills Powder Fentanyl Seized 2,704 g (-1.35 million lethal doses) Hennepin County Sheriffs Office SHERIFF DAWANNA S. WITT Hennepin County Sheriff's Office, 350 South Fifth Street, Room 6, Minneapolis, MN 55415 (612) 348-3744 • hennepinsheriff.org Task Force Breakdown Southwest Hennepin DTF Members: • Eden Prairie PD • Edina PD • HCSO • Hopkins PD • Minnetonka PD • St. Louis Park PD West Metro DTF Members: • HCSO • Medina PD • Minnetrista PD • Orono PD • South Lake Minnetonka PD (planned to start in July) • West Hennepin Public Safety HCSO VOTF • HCSO • Brooklyn Park PD • Brooklyn Center PD • New Hope PD • Plymouth PD • Richfield PD • ATF HCSO Intelligence Support for Edina HCSO also has a robust Criminal Intelligence Division to provide support to all of the Hennepin County Police Departments. 61 Total Requests fulfilled: • 40 Requests For In were fulfilled formation • 2 Jail Calls • 3 Subject Work ups • 13 Facial Recognition Requests • 1 HIDTA Analytical Support • 1 Daily Information Bulletin • 1 Information Alert A SHERIFF DAWANNA S. WITT Hennepin County Sheriff's Office, 350 South Fifth Street, Room 6, Minneapolis, MN 55415 (612) 348-3744 • hennepinsheriff.org CID supported Significant Events in Edina: • EPD analyst participated in Southwest Crime Collaborations every two weeks throughout the year. CID has a great working relationship with the EPD analyst with sharing information on cases and crime trends. • January 2023, CID Analysts assisted EDP with an Information Alert for Attempt to ID and Subject Information Bulletin for PC Pickup after a Discharge Firearm incident at Southdale Mall. The subject accidentally shot himself; PC FE Felon in Possession of a Firearm, PC MS Discharge Firearm, MN DOC warrant and Dakota County warrant. • September 2023, CID Analysts assisted EDP with an attempted robbery of business. CID Analysts identified the suspect vehicle as one used in a prior armed carjacking. Analysts assisted EDP and MPD by connecting the robbery to a same/similar incident that occurred weeks prior. Analysts were then able to identify one suspect and share the information with EDP & MPD. • December 2023, CID Analysts worked with EDP and HCSO ESD in attempting to locate a subject after Shoot Threats were made by a subject wanted for 2" Degree Assault. This subject has been added to the HCSO Most Wanted listing. • December 2023, EDP requested assistance from CID Analysts for Postal Worker Robberies. Analysts completed a Subject Workup which listed additional similar incidents in other Cities, as well as identifying other possible suspects. Auto Theft Unit In 2024, HCSO will also begin an Auto Theft Unit to better address the large number of auto thefts occurring in Hennepin County. This unit will have a lieutenant and sergeant assigned to ensure coordination with other agencies. HCSO currently has two state funded detectives and two state funded crime analysts who solely work on auto theft crimes. • Lecislative Acenca 2024 Hennepin County Sheriff's Sheriff Dawanna Witt took office in January 2023 as the 29th Sheriff of Hennepin County. Sheriff Witt supports a broad set of priorities for public safety and accountability in Minnesota this session including: Officer Recruitment, Retention, and Wellness • Focus on officer support through pay and pension adequacy, advocate for state-provided health care for all law enforcement officers and their families, training and professional development, and increasing support for 911 Telecommunicators. • Update School Resource Officer statute to allow effective and safe partnerships between schools, students, and law enforcement. • Support access to child care for first responders and incentives for centers who offer 24/7 care. Technology Advancement, Enhancement, and Transparency • Invest in cutting edge technology to help monitor heartrates for in-custody individuals with medical issues to provide immediate alerts to any irregularities. • Ensure key law enforcement tools, like facial recognition software, also protect individual rights and require transparency in policy disclosure. Compassionate and Effective Community Safety Improvements • Support the HOPE program, a successful jail programming approach that provides education, workforce training, life skills, and connections to resources to help inmates get back on their feet with the goal of reducing recidivism. Expand existing partnerships at the HOPE HUB with Hennepin County Community Corrections, Office of Workforce Development and Emerge Minnesota. • Advocate to continue to provide outstanding medical care for inmates and ensure Minnesota requests a 1115 Waiver so we can keep continuity of important medical coverage to those in our jail while they are in our custody. • Continue necessary engagement and education around the Priority Admissions Task Force evaluating the 48 Hour Rule and possible future short and long term recommendations and solutions that protect public safety, improve jail access to appropriate medical services and expand state and local capacity. • Provide leadership to ensure justice involved youth have appropriate placement options, critically important services, and support key recommendations from the statewide Juvenile Task Force. Sheriff Dawanna Witt has forged historic partnership with federal, state and local agencies to improve public safety in Hennepin County in 2023. Sheriff Witt's 2024 federal legislative priorities are focused on giving law enforcement the tools to effectively serve our communities and address nationwide public safety threats such as gun violence and fentanyl poisoning. Technology Advancement, Enhancement, and Transparency • Appropriate funds for forensic science lab equipment at the Hennepin County Sheriffs Office nationally accredited lab to quickly and effectively solve gun cases, which increased sharply between 2020 and 2022 • Invest in forensic science lab personnel, who will help clear backlog of cases caused by the increase in gun violence • Ensure key law enforcement tools, like facial recognition software, also protect individual rights and require transparency in policy disclosure Focus on Fentanyl • Support law enforcement efforts to investigate fentanyl trafficking through the Community Oriented Policing Services program • Support a bill requiring social media companies report illicit fentanyl activity occurring on their platforms to law enforcement Compassionate and Effective Community Safety Improvements • Support continuity of care for justice-involved individuals through Substance Use Disorder System Reform (1115 Waiver) • Ensure cross-jurisdictional task forces have necessary operating resources to attract and retain participation from agencies of all sizes • Invest in youth programs that are proven to steer kids away from crime and towards productive and safe choices Recruitment and Retention • Fund employee wellness programs provided by local law enforcement agencies through federal assistance grants • Increase access to mental health, substance use and counseling services for first responders (HR 6415) Public Affairs Bureau Major Pat Enderlein Tri-Wellness and Retention Adult Detention/Courts Bureau Major Mary Jerde 1 Administrative Bureau Major Dan Kurtz 1 Major Crimes Division Captain Steffens - Detective Unit - VOTF Unit - Narcotics Task Forces -Gun Permit Unit n - County Attorney Unit Community Internal Comms Community Advisory Board Sheriff Dawanna S. Witt Chief of Staff Tim Stout Jeremy Zoss Public Initiatives Nadine Kottom- Dale Finance Division Director Bryan Bennett Chief Deputy Tracey Martin [OR Jacob Hill Public Safety Services Bureau Major Shane Magnuson Unit Unit Unit 911 Dispatch Division Director Tony Martin Enforcement Services Division Captain Mike Jerde Criminal Intelligence Division Captain Bakke Forensic Science Laboratory Captain Labatt -Administration - 911 Operations - Radio Technicians n -K9 Unit - Patrol Unit -Special Operations - Transport Unit - Water Patrol Unit - HSEU Unit - Special Deputy III - CISA Unit - MRIC - HIDTA ISC - Homeland Security - FBI JTTF -Threat Assessment - Administration - DNA Section - Firearm Section - Latent Print Section _ Crime Scene Unit External Comms - PIO -Video a Production Professional Standard Captain I-iollihan Training and Technology Captain Schwartz Detention Adult Detention Division Captain Otto / Captain Field Court Services Division Captain Benson COPA Division Captain Tomlinson - Administrative Unit - Public Safety IT Liaison -Administration - Government Cente -CET (Admin support) -Technology Research 6 - Operations - Division 2: Brookdale - Citizens Academy - Internal Affairs Unit Implementation • Jail Volunteer Unit - Division 3: Ridgedale & -Youth Programs - Personnel Unit - Employee Development Unit ik - Central Records III- Supervisor Development Southdale - Community Wellness 1.1 - Labor Contracts Unit - Public Safety Facility - Recruitment - Juvenile Justice Center - Policy Review Unit - Family Justice Center - Data Practice Unit lk - Conciliation Court di - Explorer Post Investigative Bureau Major Rick Palaia n Date: January 2, 2024 Agenda Item #: VIII.A. To:Mayor and City Council Item Type: Report / Recommendation From:Sharon Allison, City Clerk Item Activity: Subject:Resolution No. 2024-08: Accepting Donations Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Resolution No. 2024-08 accepting donations. INTRODUCTION: To comply with State Statute, all donations to the City must be accepted by resolution and approved by two- thirds majority of the Council. See attached resolution with list of donations. ATTACHMENTS: Description Resolution No. 2024-08: Accepting Donations RESOLUTION NO. 2024-08 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed grants and donations on behalf of its citizens. Senior Center  Friends of the Edina Library $2,000 General Use Parks & Recreation  Edina Community Foundation $10,400 Connect Card Scholarship Police  Edina Crime Prevention Fund $20,000 7 License Plate Reader Cameras Dated: January 2, 2024 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of January 2, 2024, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2024. City Clerk Date: January 2, 2024 Agenda Item #: VIII.B. To:Mayor and City Council Item Type: Report / Recommendation From:Scott Neal, City Manager Item Activity: Subject:Draft 2024 State Legislative Platform Discussion, Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None, discussion only; staff recommends adopting the state legislative platform at the January 16, 2024, meeting. INTRODUCTION: The City annually adopts a state legislative platform to allow the City Council and staff to identify changes in state law that may better achieve goals of the City and the community. These are typically funding requests and policy changes that the City would like approval for from the state. Staff first introduced the 2024 draft state legislative platform at the December 19, 2023, City Council work session and meeting. Following the discussion at the work session and meeting, City Council requested the following: Items 2.4 and 2.5 be removed from the draft agenda for future consideration by the HRA. The draft platform be available to the public on Better Together Edina. The draft platform became publicly available on Better Together on Friday, December 22, 2023, and it will remain open until Thursday, January 11, 2024. The City Council have the opportunity to discuss the platform at the January 2, 2024 meeting. ATTACHMENTS: Description Draft 2024 State Legislative Platform Draft 2024 State Legislative Platform Summary League of Minnesota Cities 2024 Legislative Platform Metro Cities 2024 Legislative Platform January 2, 2023 Mayor and City Council Scott H. Neal, City Manager Gillian Straub, City Management Fellow 2024 Draft State Legislative Platform Information / Background: Each year, City staff works with colleagues and partners to identify state laws that might be changed to better achieve the goals of the City and the broader Edina community. City staff also identifies proposed changes to state law contrary to City goals that might limit the livelihood and progress of the broader Edina community. The City Council reviews and discusses these items to determine whether they should be brought to the attention of state legislators and lobbyists. Changes to state laws can take years to occur. As the issues are debated, they are frequently modified to reflect additional concerns of other interested parties. It is important to start the conversation early with the understanding that details will be finetuned throughout the legislative process. When the State of Minnesota changes state statutes that provide additional powers to local municipalities, each municipality is typically required to consent to or opt-in to enforcement of the new statutes. Such procedural review involves public engagement including public meetings and frequently public hearings. As the City pursues changes at the state level, any following action at the city level would follow all appropriate statute and best practice, including public meetings and public hearings. This staff report provides the City’s state legislative platform, addressing issues that may be considered in the 2024 state legislative session, beginning February 12, 2024. There are two types of items that make up the 2024 legislative platform: 1. Priorities are issues specific to Edina and do not directly affect other communities. Priorities can be found on pages 2-3. 2. Positions are issues affecting cities in general and are not specific to Edina. Positions can be found on pages 4-16. Legislative positions the City holds may be reflected in the Municipal Legislative Commission (MLC), Metro Cities (Association of Metropolitan Municipalities), or the League of Minnesota Cities’ (LMC) 2024 legislative STAFF REPORT Page 2 platforms. In most cases, Edina’s interests align with these organizations both by virtue of the City’s participation in each organization as well as their guiding purpose. Each association adopts a legislative platform annually, and these platforms are attached to this report. This document does not duplicate items found in the MLC, Metro Cities or LMC platforms, rather, adoption of the City’s legislative platform assumes general alignment with these partner organizations. This draft of the state legislative platform includes several revisions requested by City Council at the December 19, 2023, work session and meeting. First, it includes a more robust explanation of the process for developing the platform in the information/background section. Second, it removes two affordable housing positions for consideration at a future Housing & Redevelopment Authority meeting: 2.4 Authorize the City to Impose a Demolition Fee and 2.5 Authorize the City to Impose a Single-Family Transfer Tax. STAFF REPORT Page 3 Priorities: 1 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon Avenue/West 50th Street The Minnesota Highway 100 interchange is non-standard with eight local road connections. The City partnered with Hennepin County to improve this interchange, helping to reduce construction impacts and cost. More importantly, the result will be a safer interchange for all users, by consolidating access points and increasing pedestrian paths and creating a more connected Grandview district. The total project cost is estimated to be $10.6 million; the City is requesting $5.3 million from the state, to match the local funds allocated for the project. In addition, the City requests that the State designates the surplus land created by the project for a much needed third fire station in northeast Edina. 2 Bonding for the Aquatic Center The Edina Aquatic Center is requesting state bonding to replace critical infrastructure in the facility’s pool pump house. Total cost for the project is $10.5 million. The pool house was originally constructed in 1958, and it needs replacement to accommodate changes in state code related to pumping apparatus, filter requirements and surge tank reservoirs to address swimmer capacity displacement. The Aquatic Center is a popular regional destination, with 75% of its annual visitors coming from outside of Edina, and an average of 850 to 1,000 visitors per day. Bonding would provide for a modern, code-compliant pool house, along with augmented pool amenities and patron areas to ensure a safe visitor experience. 3 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards Park Master Plan The City will use new local sales and use tax revenue to make improvements and expansions to Braemar Arena and Braemar Park and Fred Richards Park, as outlined in the Braemar Park Master Plan and Fred Richards Park Master Plan. The City will seek a sales tax exemption for the material and supplies purchased for the construction, reconstruction, upgrade, expansion, or remodeling of City facilities included in the Braemar Park Master Plan and the Fred Richards Park Master Plan. 4 Allowance to Use Allocated State Bonding for Fire Station 2 Construction Costs In 2022, the State Legislature approved $1 million in state bonding for the land acquisition, pre-design, or design of a new fire station in Edina. This facility replaces the existing Fire Station 2 and will house the City’s Public Health division. The new facility will provide a critical access point for public health services and regional technical rescue responses, and it will better serve the growing needs of the community and region. By the time the State allocated funds, the City had begun the final stages of design development and is now preparing to move into construction. The City requests that the Legislature expand the use of funds to include construction costs, as has been allowed with numerous other projects that received state bonding. 5 Authority to Expand Eligible Expenses for the City’s Lodging Taxes In 2014, the City established a lodging tax under Minnesota Statutes 469.190. The lodging tax is 3% and is imposed on the gross receipts of businesses who furnish lodging services. By statute, the City retains 5% of the gross monthly receipts of the tax to reimburse the City for the operational and overhead costs incurred in collecting the tax. The balance of the monthly receipts is distributed pursuant to a separate agreement STAFF REPORT Page 4 from 2014 to the Edina Chamber of Commerce to act as the City’s official Convention & Visitors Bureau (CVB). The lodging tax revenue has a limited range of eligible expenses, mostly related to marketing and tourism. The City seeks to increase the range of the eligible expenses to include general economic development and business support activities of the Edina Chamber of Commerce and expenses related to local community festivals and events. This includes fireworks for the 4th of July, law enforcement services for two art fairs and event expenses for the annual Torchlight Night. The City seeks legislative support for a broader use of the City’s lodging taxes, collected under M.S. 469.190. Additionally, all existing fund balances held by the Chamber of Commerce currently restricted by the spending limitations of M.S. 469.190 would be released from those spending limitations and would be eligible to spend on general economic development and business support activities as allowed under the new law. 6 Tax Increment Financing (TIF) Legislation for 70th and France and 72nd and France The City approved the 70th and France and 72nd and France 2 TIF Districts in 2022 and 2023 respectively to encourage reinvestment and redevelopment of substandard commercial properties. After considerable discussion, the City also entered into TIF redevelopment agreements with each development team to provide TIF funding subject to project completion and delivery of proposed public benefits. The City requests an extension of the five-year rule to 10 years. In addition, the City requests the ability to extend the terms of each TIF agreement, subject to approval by Edina City Council. When these Districts were established, the developers were on pace to redevelop the sites with new commercial and multi-family housing buildings and the existing buildings were demolished. Since the Districts were established and the substandard buildings removed, the national economic climate has changed significantly. Costs of construction material and labor have increased. Interest rates have increased. The ability of private banks to finance office buildings has decreased. The availability of private equity has also decreased. This situation is forecasted to remain the same for most of 2024 and is currently anticipated to recover in 2025. This pause in private financing sources hinders the ability of both projects to move forward. The ‘five-year rule’ in Minnesota TIF statutes will likely disqualify these sites from the use of TIF. Without the pledge of TIF to fill the financial gap, neither of these projects will move forward. The City requests an extension of the five-year rule to 10 years to allow the private lending sector to return to normal. In addition, the City requests the ability to extend the terms of each TIF agreement, subject to approval by Edina City Council. This would increase the 15-year term of the 70th and France District to 25 years and the 25-year term of the 72nd and France 2 District to 30 years. STAFF REPORT Page 5 Positions: The following legislative positions are grouped into five categories: General Government (page 4-8), Affordable Housing (8-9), Environment and Sustainability (9-12), Transportation (12-13) and Public Safety (13-15). These positions represent issues which apply to Edina and other Minnesota cities. 1 GENERAL GOVERNMENT 1.1 Realign Motor Vehicle Lease Sales Tax Allocation In 2015, state legislation reallocated $32 million of the sales tax collected from leased vehicles from the State's general fund, half to Greater Minnesota and half to metro counties through the County State Aid Highway Fund. To balance funding for transit and roads/bridges, the new law excluded Hennepin and Ramsey Counties from receiving their share of funding. Instead, the other five metro counties split the proceeds generated in Hennepin and Ramsey Counties. With the elimination of the Counties Transit Improvement Board (CTIB) in 2017, all seven metro counties now collect their own local transportation sale tax, but the exemption still blocks Hennepin and Ramsey Counties. The City of Edina advocates for returning to the original intent by eliminating the exemption of Hennepin and Ramsey Counties and distributing the sales tax on lease vehicles, per the county state aid formula, to all metro counties. The City supports re-aligning the distribution because: • Distributing Hennepin and Ramsey County proceeds to the other five metro counties puts cities in Hennepin County at a disadvantage when it comes to accessing county funds for road and bridge projects. • This change would provide an estimated $10.7 million in additional funding to Hennepin County for roads and bridges. 1.2 Increase Purchasing Agency The city manager is the chief purchasing agent of statutory Plan B cities. State law requires the city manager to recommend purchases and contracts over $20,000 and requires additional approval by the city council. This approval is obtained through requests for approval on the consent agenda. The City supports a raise in the legal maximum to at least $100,000, with the ability for individual city councils to set lower thresholds at their discretion because: • The $20,000 threshold has not been raised since 2004. This does not account for standard inflation over the past 19 years. • Most city purchases exceed $20,000. Allowing the city manager a higher purchasing threshold makes purchasing more efficient, while maintaining compliance and oversight of budget. • Neighboring charter cities with the council-manager form of government have significantly higher limits, including St. Louis Park at $175,000, and Bloomington and Richfield have city manager purchasing authority in excess of $20,000. 1.3 Change Group Home Regulation Licensed residential facilities do not have any distance separation requirements in single-family residential use zones in Edina. Minn. Stat. 245A.11 has distance requirements of 1,320 feet between licensed residential STAFF REPORT Page 6 facilities, but these requirements do not apply to Edina. The City supports licensed residential facility use in the City and urges this distance separation because: • Grouping facilities on the same block in a single-family residential neighborhood is detrimental to the neighborhood and the individuals in the facilities. • Individuals no longer reap the benefit of enjoying a normal residential setting with a diversity of households. When entire blocks are acquired for licensed residential facilities, the setting is more similar to a large institutional campus. • Neighborhoods experience an increase in traffic, parking needs, deliveries, and other activities compounded by numerous facilities on the same block. • Grouping facilities effectively turns a residential area into a commercial area. Municipal Liquor Positions 1.4-1.9 relate to municipal liquor. The City has operated a municipal liquor store since it was established by local referendum in 1948. The liquor operation generates over $1 million annually in profit. These profits fund Edina’s recreational facilities, including the ice arena, art center and aquatic center, allowing the City to reduce user fees and allow greater access. The City’s recreation programs serve children and families from all over the metro area, not just Edina. Continual support of liquor stores and their ability to generate profit allows municipal liquor stores to benefit the community and region through local programs and amenities. 1.4 Reinforce the Open Wholesaling Systems through Legislation In 2021, Miami-based Southern Glazer's Wine and Spirits filed a lawsuit against the State of Minnesota seeking elimination of a Minnesota law called the Coleman Act, which contains the open wholesaling system of spirits distribution. Open wholesaling of spirits requires that all spirit brands (with some exceptions) be available for sale to all licensed Minnesota wholesalers. This encourages healthy competition among wholesalers benefiting both sellers and customers. If Southern Glazer's lawsuit is successful, more than half of the spirit brands in Minnesota may become exclusive with Southern Glazer's. The City opposes this lawsuit and supports an amendment of the Coleman Act to reinforce a system of open wholesaling because without protections for open wholesaling: • Wholesale prices will increase. • Service levels on certain brands will decrease. • Purchase and delivery schedules will be reduced. • Sale margins will be compressed. 1.5 Oppose Changes to Tap Room Retail Operations Due to changes during the COVID-19 pandemic, tap rooms can offer direct-to-customer bulk sales via carryout. These sales are controlled by quantity, and the product must use different packaging than the product supplied wholesale to liquor stores. The City opposes changes to tap room retail operations because: • The changes allowing retail operations were implemented in October 2021. More time is needed to understand their effect on the market, customer, and other retailers. • Changes could allow bulk or exclusive sale from tap rooms. STAFF REPORT Page 7 1.6 Protect Customer Data As a municipal operation, municipal liquor stores may be subject to data practices requests. The City supports protections for customer data because: • Customer data subject to request could include purchase history and personally identifying information. • The threat of data requests erodes trust with the customer. • It may put municipal liquor stores at a competitive disadvantage. • The City’s municipal liquor operation discontinued its customer rewards program, because without clarity of what information is subject to a data request, the City would not hold personally identifying information and purchase history that could be subject to a data request. 1.7 Clarity on THC-Infused Products With the passage of Minn. Stat. 151.72 in July 2022, products containing THC are permitted for sale. The City seeks clarification on if retail liquor stores can sell THC-infused beverages because: • Without federal passage of the SAFE banking act, cannabis-related legitimate operations cannot generate proceeds from unlawful activity, and banking institutions can be penalized by federal authorities for providing services to a cannabis-related business. • Current regulation allows for retailers like Edina Liquor to accept credit card payments only if the percent of total revenue from THC products is less than 15%. 1.8 Maintain Constraints on Off-Sale Liquor Currently, grocery and convenience stores can sell 3.2% alcohol, while all other alcohol products are sold at liquor stores. Some grocery stores opt to apply for an off-sale liquor license and can sell beer, wine and liquor at the store, with some adjustments, including a separate entrance. The City of Edina supports maintaining the constraints on off-sale liquor because: • The constraints allow for smaller private and municipal liquor stores to compete on an even playing field. • Claims that the off-sale liquor license process inhibits growth are rebutted by several grocery stores opting for some locations applying for the off-sale liquor license. 1.9 Adult-Use Cannabis Legislation during the 2023 session liberalized state law on adult-use cannabis and established regulatory authority in the new Office of Cannabis management. The City supports further clarification on the opportunity to operate a municipal cannabis retail store because: • Local governments should have the option to establish municipal dispensaries in the model of municipal retail liquors stores, as both operations have primary goals of ensuring the safety and security of the community. 1.10 Hearing Aid Affordability Currently, hearing aids are not classified as durable medical equipment (DME) and therefore not covered under many health insurance plans. Without health insurance coverage, many who need hearing aids are unable to get them, as they cost three to six thousand dollars. The City supports programs or policy changes reducing the cost of hearing aids and increasing access to them because: STAFF REPORT Page 8 • Hearing aids are critical devices for those who are deaf or hard of hearing. • Without health insurance coverage, hearing aids are not affordable for those living on a fixed income. Both Edina seniors on a fixed income and youth who age out of hearing aid support cannot access hearing aids because of cost. • Cochlear implants, which cost $80,000 to $120,000, are typically covered by health insurance while hearing aids are not. 1.11 Allow Restrictions on Possession of Firearms in Municipal Facilities with School-Like Use The Minnesota Citizens Personal Protection Act, also known as “conceal-and carry,” prohibits guns on most school properties but forbids other local units of government from prohibiting loaded firearms on their properties. The inconsistencies in the law’s treatment of different kinds of properties have caused confusion about how the law applies to multi-use facilities, such as municipal ice arenas used for school-sponsored programs. While various public facilities can restrict firearm possession, including schools, public facilities with a school-like function are not granted this authority. The City has several facilities with school-like usage and a large population of school-aged users. The City supports clarifying the law to allow municipal facilities with school-like usage to restrict the possession of firearms inside their facilities because: • This would align the law with other facilities that are authorized to restrict possession. • This would be one step to securing the safety of those who use City facilities for a school-like function. 1.12 Protect Municipal Employees with Enforcement Functions Many city employees and contractors are required to enforce administrative codes, rules, ordinances, and state laws as part of their job duties. Minnesota law recognizes the need to protect certain employees whose jobs make it more likely they will be the target of assaults by escalating assault charges from fifth to fourth degree for the assaults of peace officers, firefighters, school officials, and “public employees with mandated duties.” However, employees such as code enforcement officials, utility operators, municipal liquor store clerks and others have similar enforcement functions. The City supports extending the existing protection to all public employees whose jobs require them to enforce administrative codes, rules, ordinances, and state laws as a part of their job because: • Due to the enforcement function of their jobs, these public employees can be subject to verbal assaults, threats, and physical violence. • This would more evenly apply the law to all employees more likely to become target of assaults. 1.13 Remove Language in the State Constitution Allowing for Enslavement of Incarcerated People The Minnesota Constitution states that “There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted.” The City urges removal of this language because: • This is immoral and out of step with Minnesota values. As a public entity, it’s incumbent on public officials to hold the state accountable to remove this language and its consequences. • There is recent precedent for such an action, with Colorado, Nebraska, Utah, Alabama, Oregon, Tennessee, and Vermont striking similar language from their constitutions. STAFF REPORT Page 9 2 AFFORDABLE HOUSING Affordable housing includes two focuses: regulatory tools for affordable housing (2.1, 2.2), protecting low- and moderate-income tenants (2.3). 2.1 Reduce the Tax Rate on Land Trust Properties to Align with the 4d Property Tax Classification Previous legislative sessions made changes to the tax classification of Community Land Trust properties by reducing the tax rate for the 1a – Residential Homestead classification, from an up to 1.25% rate to 0.75%. The City supports a change to align with the 4d property tax classification, which is applied to low-income rental properties at up to a 0.25% rate because: • Homeowners lease, and do not own, the land from the Land Trust. • The property is required to be affordable as memorialized through the ground lease. • The Land Trust is designed to create affordable home ownership opportunities, but requiring the homeowner to pay property taxes on the value of the house and the land at the single-family homestead rate makes homes less affordable. • Due to both leasing the land and the requirement that it stay affordable, 4d is a more appropriate tax classification than 1a. • Edina has 26 land trust residential properties, with property values in the city rapidly increasing. High property values and corresponding taxes impact the ability of land trust homeowners to remain in their home. 2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting The City supports legislation that authorizes a tax on the sale of these properties to corporations and protections prohibiting the conversion of single-family residences into rental properties by developers and corporations. The City supports bills introduced in the 92nd legislature: SF 3147, imposing the tax, and SF 4313, prohibiting the conversion, because: • The City and surrounding communities have seen an increase in the number of residences converted from single family homes owned by the residents to rental properties. • Such conversion negatively impacts ownership opportunities for residents. 2.3 Reform Eviction Expungement Records of unlawful detainer filings, or eviction lawsuits, remain on a tenant’s public record regardless of whether the matter was settled or dismissed prior to the court hearing or if the tenant prevails at the hearing. The City supports legislation expanding the eligibility for discretionary and mandatory expungements for eviction case court files because: • In these cases, the eviction record is not a reasonable predictor of future tenant behavior and should be expunged. • The existence of this record impedes the ability of the renter to secure suitable rental housing in the future. STAFF REPORT Page 10 3 ENVIRONMENT AND SUSTAINABILITY Environment and sustainability has five thematic focuses: energy management and environment (3.1, 3.2, 3.3), right to repair (3.4, 3.5, 3.6, 3.7, 3.8), sustainable transportation (3.10, 3.11, 3.12), local environmental public health programs (3.12) and water resource management (3.13, 3.14) 3.1 Establish Building Performance Standards Large commercial buildings are a significant contributor to Minnesota’s and Edina’s greenhouse gas emissions. Building energy benchmarking is already in use, requiring building owners to report energy use. However, the City supports establishing building performance standards because a performance standard: • Establishes required energy efficiency targets, a timeline to meet them, and resources to help building owners comply. 3.2 Establish a Right to Cooling Standard for Minnesotans In 2023, the Legislature passed a right to heating law for renters, to ensure renters have safe and functional homes. A lack of heating or inadequate heating can have serious health consequences. The City supports establishing a similar right to cooling, coupled with increased resources for the state’s Energy Assistance Program (EAP) that provides utility bill relief and weatherization programs like the Sustainable Resource Center to accept applications year-round and without a cap on annual service recipients. The City supports this because: • Minnesota is warming rapidly. • Excessive heat has well-documented health consequences, including serious illness and death. • Renters require additional protections to ensure landlords provide a safe and functional home. 3.3 Repeal the State’s Ban on Bag Bans With the passage of Edina’s Carryout Bag Ordinance, the City took one step toward shifting consumer behavior away from disposable goods. However, establishing a legislative path to ban plastic bags – produced by fossil fuels and source of microplastics – is an essential next step to materially reduce waste. 3.4 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to County Waste Management Activities Currently, the City is awarded a portion of the SCORE funds annually for residential recycling, residential organics recycling and participation in both at the multi-family building level. The City strives to spend 100% of the funds on allowable purposes. The City supports continued SCORE funding because: • The funds advance waste reduction, reuse, recycling and organics programs to meet city, county and state recycling goals. • SCORE funding allows the City to conduct critical outreach. 3.5 Support Efforts for the Proper Labeling of Compostable Products The City supports promoting only vetted manufactures because: • Working with only vetted manufactures reduces the likelihood of products with misleading claims to be sold or distributed in Minnesota. • It reduces City contamination in the recycling process. STAFF REPORT Page 11 • It simplifies education on which certifications customers can look for. 3.6 Fund Expanded Infrastructure at the Local Level for the Creation of Compost Processing Sites and Anaerobic Digesters The City supports additional funding for counties creating compost processing sites and anaerobic digesters because: • Landfilling all waste in Hennepin County and metropolitan area is no longer a viable option. • Compost processing sites and anaerobic digesters provide more options for waste haulers. 3.7 Support Extended Producer Responsibility Extended producer responsibility initiatives require manufacturers to finance all costs associated with collection, reusing, recycling, or safe disposal of their products such as carpets, mattresses, and electronics. The City supports this and similar efforts because: • The goals align with the City’s focus on reuse events and building partnerships. 3.8 Develop and Fund-Zero Waste Initiatives Zero-waste initiatives manage all discarded materials to their highest and best use according to the waste management hierarchy set forth in the Waste Management Act. The City supports the development of zero- waste initiatives because: • They will aid local governments reaching recycling and composting goals. • The City’s waste reduction goals mirror those set by the state, county and Edina’s climate action plans. 3.9 Support Funding and Technical Assistance to Electrify Public and School Buses Currently, less than one percent of Metro Transit’s fleet of buses run solely on electric power; 11% are hybrid-electric buses. There are very few electric public-school buses in Minnesota, and none in Edina. The City supports efforts to increase electrification of public and school buses because: • It would support transportation equity and reduce overall greenhouse gas (GHG) emissions. • Carbon emissions from traditional diesel buses disproportionally impact populations that rely on this mode of transportation, including children, elders, low-income households and BIPOC communities. 3.10 Increase Funding for the State E-bike Rebate Program In 2023, the State appropriated $2 million for a new e-bike rebate program. Expecting that eligible participants will each receive an average of $1,000, this is only 2,000 new e-bikes on the road. The City supports continuing and increasing this fund because: • More low-income residents will be able to access new and climate friendly transportation. • E-bikes are associated with positive health benefits. STAFF REPORT Page 12 3.11 Establish State Funding to Support Expanded Carshare Networks in the Twin Cities and Minnesota Xcel Energy recently pulled private funding from HOURCAR, the nonprofit electric carshare service in Minneapolis and Saint Paul. The City supports an expanded network and has studied resident support via a partnership with the University of Minnesota’s Resilient Communities Project in 2022-23. The City supports this because: • Carshares are a viable alternative to owning a personal vehicle. • Carshares have a demonstrated history of reducing vehicle miles traveled. 3.12 Continue Support for Local Environmental Health Regulatory Programs Currently, the State delegates authority to operate food, pool and lodging establishment regulatory programs to cities and counties. The City supports continuing local operation of these public health services and programs, because: • It allows cities to provide services to meet local needs. 3.13 Support Funding Research, Training, and Legislation for Applicators of Chloride- Containing De-icing Chemicals Salt is a pollutant and causes damage to infrastructure and the environment. Private contractors tend to over-apply salt on parking lots and sidewalks, often because they are afraid of “slip-and-fall” lawsuits. The City supports state funding for research and training for public and private applicators of chloride-containing de-icing chemicals, and legislation to address liability concerns of private de-icing salt applicators because: • Waterbodies throughout the state, including within and downstream of Edina, fail to meet the water quality standards for chloride (salt) established by the state and so have been added to the federal register of impaired waters as required by the Clean Water Act. • The proposed legislation, which is modeled on similar laws passed in New Hampshire and Illinois, would provide liability exemption for contractors who attend training, get certified, and document their practices, reducing the over-application of salt. 3.14 Inflow and Infiltration (I/I) Municipal Grant Program Inflow and infiltration (I/I) describe for the ways that clean water, including ground and storm water, makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The Metropolitan Council identifies cities contributing excessive 1/1 into the regional wastewater system and charges the city for the excess. The City supports state financial assistance to cities for metro area 1/1 mitigation, such as the Municipal State Bond Grant Program because: • I/I mitigation supports efficient use of the regional system for waste treatment. • I/I mitigation slows the need for capacity upgrades. 4 TRANSPORTATION 4.1 Continue Municipal State Aid (MSA) Funding The City has 40.85 miles of roads designated as MSA. This state funding is vital to maintain these high-quality connections. The City asks for continued support of municipal state aid funding because: STAFF REPORT Page 13 • The state aid road system was developed to provide vital, high-quality connections necessary for the overall state highway network to work well. • The roads that are on the state aid system typically carry heavier traffic volumes, connect major points of interest and provide an integrated and coordinated road system. 4.2 Increase Local Bridge Replacement Program (LBRP) Funding The Local Bridge Replacement Program provides local agencies funding for the reconstruction, rehabilitation or removal of bridges or structures. The program is financed by the passage of specific legislation allocating general obligation state bond funds, but regularly does not receive enough funding. The City supports funding dedicated to the Local Bridge Replacement Program to provide safe bridges because: • In 2019, there was $36 million in waitlisted, unfunded bridge projects. • The City had two projects which previously qualified for funding but were waitlisted: the Minnehaha Creek and Wooddale Avenue bridge. • The City has 27 local bridges. 4.3 Expansion of Public Transportation Frequency and Reach Edina, like much of the Metro area, has experienced multiple reductions in transit service frequency and reach as a result of the COVID-19 pandemic and workforce shortages. The City supports additional funding to reverse the impact of recent service reductions, support operator hiring initiatives, and develop a connecting bus study for the METRO Green Line Extension (Southwest LRT) because: • The City’s transit ridership prior to the pandemic was about half the average rate of Hennepin County. • To reach its climate action goals, the City aims to double public transit ridership from 3% in 2019, to 7% by 2030. Adequate public transit offerings are essential to meeting the City’s climate action goals. • Transit service supports many community goals, including improving mobility, relieving traffic congestion, reducing greenhouse gas (GHG) emissions and promoting sustainable development and growth. 4.4 Support Tools and Strategies to Reduce Vehicle Miles Traveled In Edina, the transportation and land use sectors account for around 40% of citywide greenhouse gas (GHG) emissions and are projected to become the leading GHG emissions source in Edina as the electricity sector moves to more renewable energy sources. The City supports funding to provide alternative transportation infrastructure to decrease the use of single-occupancy vehicles and their associated negative impacts on air quality, traffic congestion and quality of life because: • Total vehicle miles traveled (VMT) in Edina in 2021 was more than 500 million miles, an increase from past years. • The City’s Climate Action Plan identified a goal to reduce VMT by seven percent by 2030. • Decreasing commuters driving alone by six percent to match the county-wide average would decrease VMT by up to 10 million miles. 5 PUBLIC SAFETY STAFF REPORT Page 14 5.1 Emergency Medical Services (EMS) Local Control In February 2022, the Office of the Legislative Auditor (OLA) released a report that found serious deficiencies with both the management of the Emergency Medical Service Regulatory Board and the current ambulance service license process. During the 2023 legislative session, the Minnesota Fire Association Coalition introduced legislation, HF2736 and SF2691, to implement the recommendations of the OLA relating to the primary service areas. The City supports this legislation because: • Local governments should be able to set standards for EMS service in their communities. • Local governments should have the authority to find an EMS provider than can meet local standards. 5.2 Residential Fire Sprinklers There are few statutory requirements for residential fire sprinklers. The City opposes efforts to statutorily limit the use of residential fire sprinklers and supports the inclusion of professionals and industry experts in the creating or writing of any code parameters, particularly the installation of fire suppression systems in residential building code, because: • Sprinklers protect occupants, firefighters and property from fires. • Recent Minnesota studies show the cost of installing residential fire sprinkler systems averages $1.15 per sprinklered square foot, or approximately one percent of new home construction. 5.3 Support Funding for Auto Theft and Violent Crime Investigation The City supports the creation and funding of a multijurisdictional group of law enforcement officials focusing on investigations and prevention because: • Auto theft and violent crimes committed in stolen vehicles have dramatically increased. 5.4 Support Funding and Programming for Recruitment and Retention Needs The City supports a variety of funded recruitment and retention programs for law enforcement agencies. Programs include creating a grant program for bonuses, renewing part-time officer licenses for small agencies, paid health care for licensed police officers who retire at 55 after 10 consecutive years of service with a Minnesota city, deferred retirement option programs, county or tribal government and scholarship programs with higher education partners. The City supports these funded programs because: • Agencies of all sizes are having trouble recruiting and retaining officers. • Out-of-state agencies are recruiting Minnesota officers away from the state. • Deferred retirement option programs in particular would help stabilize the workforce. 5.5 Require K-12 Threat Assessments The City supports legislation which would require school districts to study and address general and specific school safety issues because: • Previous funding, including the grants passed by the Legislature in 2018, only provided for infrastructure improvements. • Further assessment of school safety issues, beyond physical infrastructure, is needed. 5.6 Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking Devices Currently, the penalty for an offender fleeing is relatively low and using tracking devices on stolen vehicles is only allowed with owner consent or a search warrant. The City supports increasing the penalty for fleeing STAFF REPORT Page 15 and allowing officers to use mobile tracking devices on fleeing vehicles under specific circumstances. The City supports this because: • The number of offenders who flee police officers has increased as police departments shift away from pursuing due to the high level of risk to the community. It is well known that police will often not pursue, due to the risk. • Increasing the penalty more appropriately captures the risk to the community when an offender flees. • Allowing officers to use mobile tracking devices when an officer has reason to believe a vehicle is stolen or the driver has committed a crime reduces the need to pursue many offenders, allowing for both safer streets and the ability to safely locate offenders. 5.7 Revise School Resource Officer Legislation In 2023, the 93rd Legislature changed the reasonable force standards by which school resource officers act in schools. The City supports the following amendments to legislation: Minnesota Statute 121A.582, Subd. 1(b): Subd. 1 (b) expand the definition of when “reasonable force” may be used by amending the language as follows: “to restrain a student and or prevent bodily harm or death to the student or another.” Subd. 1 (b) clarify that use of reasonable force by a school resource officer or police officer contracted with a district is regulated by Minnesota Statute 609.06. Minnesota Statute 121A.58: Subd. 2 (a) AND Subd. 2 (b): Remove “school resource officer” and “police officer contracted with the district” from roles covered by this subdivision. Add a section that makes the exclusion of “school resource officers” and “police officers contracted with a district” from the definition of “agents” or “employees” of a school district explicit. The City supports these amendments because: • The current legislation has competing interpretations, some allowing for restraint and some banning it except in the most extreme cases, and potentially creating different reasonable force standards for school resource officers and police officers. • School resource officer programs can benefit students, officers, and communities through positive interactions. The current legal confusion caused many partnerships between schools and police departments to be put on pause, absent clear direction. 5.8 Arbitration Reform In the current system of police arbitration under the Minnesota Public Employment Labor Relations Act (MPELRA), individual arbitrators are allowed to override the professional discipline and termination decisions made by city manager and police chiefs. City managers and police chiefs make these decisions to ensure professional, safe and effective policing. Ultimately, arbitrators can, in their sole judgement, require a city to return an officer to the streets, when the city has determined the officers is not meeting the standards required of the department and community, without an appeals process for the city. STAFF REPORT Page 16 The City supports using administrative law judges and instituting a standard of reasonableness focused on if the facts presented show that the employer’s actions were reasonable and consistent with city and department policies. The City supports these positions because: • The current system undermines the ability of elected and appointed officials, including police chiefs, to make lasting discipline or termination decisions. • These decisions help ensure a public safety department meets the needs of the community, which it cannot do under the current system of police arbitration. Recommended Action: Staff recommends adopting the legislative platform at the January 16, 2024, City Council meeting. STAFF REPORT Page 17 2023 Legislative Summary Priorities Sales Tax Exemption for the Community Health and Safety Center (Fire Station 2) The City was granted a tax exemption for the construction of Fire Station 2. That action will save the City over $900,000 for the project. Bonding for Community Health and Safety Center (Fire Station 2) The City received $1.3 million in state bonding for Fire Station 2. Bonding for the South Metro Public Safety Training Facility The City received $1 million in state bonding for the Facility. Bonding for the Pedestrian Bridge over Highway 62 The City received $3 million in state bonding for the Pedestrian Bridge over Highway 62. Positions Repeal Statutory Salary Limitation on City Employees Establish Revenue Resource for Affordable Housing Funding of Fire Resources, Training and Statewide Response Teams Increase Funding for Public Safety Disability Requirements Focus on Mental Health and Post Traumatic Stress Disorder (PTSD) Support for Law Enforcement Officers and Firefighters STAFF REPORT Page 18 City of Edina Staff Contact Information Priorities Scott Neal, City Manager, can be contacted regarding any of the legislative priorities, in addition to the staff below. He can be reached at SNeal@EdinaMN.gov or 952-826-0401. 1 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon Avenue/West 50th Street Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 2 Bonding for Aquatic Center Perry Vetter, Parks & Recreation Director PVetter@EdinaMN.gov 952-826-0430 3 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards Park Master Plan Perry Vetter, Parks & Recreation Director PVetter@EdinaMN.gov 952-826-0430 4 Allowance to Use Allocated State Bonding for Fire Station 2 Construction Costs Andrew Slama, Fire Chief ASlama@EdinaMN.gov 952-826-0332 5 Authority to Expand Eligible Uses of the City’s Lodging Taxes Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 6 Tax Increment Financing (TIF) legislation for 70th and France and 72nd and France Bill Neuendorf, Economic Development Manager BNeuendorf@EdinaMN.gov 952-826-0407 STAFF REPORT Page 19 Positions 1 GENERAL GOVERNMENT 1.1 Re-align Motor Vehicle Lease Sales Tax Allocation Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 1.2 Increase Purchasing Authority 1.3 Change Group Home Regulation Cary Teague, Community Development Director CTeague@EdinaMN.gov 952-826-0460 1.4 Reinforce the Open Wholesaling Systems through Legislation Josh Furbish, Liquor Operations General Manager JFurbish@EdinaMN.gov 952-903-5732 1.5 Oppose Changes to Tap Rooms Retail Operations 1.6 Protect Customer Data 1.7 Clarity on THC-Infused Products 1.8 Maintain Constraints on Off-Sale Liquor 1.9 Adult-Use Cannabis 1.10 Hearing Aid Affordability Scott Neal, City Manager SNeal@EdinaMN.gov 952-826-0401 1.11 Allow Restrictions on Possession of Firearms in Municipal Facilities with School-Like Use 1.12 Protect Municipal Employees with Enforcement Functions 1.13 Remove Language in the Minnesota State Constitution Allowing for Enslavement of Incarcerated People 2 AFFORDABLE HOUSING 2.1 Apply the 4d Property Tax Classification to Community Land Trust Properties Stephanie Hawkinson, Affordable Housing Development Manager SHawkinson@EdinaMN.gov 952-833-9578 2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting 2.3 Reform Eviction Expungement STAFF REPORT Page 20 3 ENVIRONMENT AND SUSTAINABILITY 3.1 Establish Building Performance Standards Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 3.2 Establish a Right to Cooling Standard for Minnesotans 3.3 Repeal the State’s Ban on Bag Bans 3.4 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to County Waste Management Activities Twila Singh, Organics Recycling Coordinator TSingh@EdinaMN.gov 952-826-1657 3.5 Support Efforts for the Proper Labeling of Compostable Products 3.6 Fund Expanded Infrastructure at the Local Level for the Creation of Compost Processing Sites and Anaerobic Digesters 3.7 Support Extended Producer Responsibility 3.8 Develop and Fund-Zero Waste Initiatives 3.9 Support Funding and Technical Assistance to Electrify Public and School Buses Andrew Scipioni, Transportation Planner AScipioni@EdinaMN.gov 952-826-0440 3.10 Increase Funding for State E-Bike Rebate Program Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 3.11 Establish State Funding to Support Expanded Carshare Networks 3.12 Continue Support for Local Environmental Health Regulatory Programs Jeff Brown, Community Health Administrator JBrown@EdinaMN.gov 952-826-0466 3.13 Support Funding Research, Training, and Legislation for Applicators of Chloride-Containing De-Icing Chemicals Jessica Vanderwerff Wilson, Water Resources Coordinator JWilson@EdinaMN.gov 952-826-0445 3.14 Inflow and Infiltration (I/I) Municipal Grant Program Ross Bintner, Engineering Services Manager RBintner@EdinaMN.gov 952-903-5713 STAFF REPORT Page 21 4 TRANSPORTATION 4.1 Continue Municipal State Aid (MSA) Funding Chad Millner, Director of Engineering CMillner@EdinaMN.gov 952-826-0318 Andrew Scipioni, Transportation Planner AScipioni@EdinaMN.gov 952-826-0440 4.2 Increase Local Bridge Replacement Program (LBRP) Funding 4.3 Expansion of Public Transportation Frequency and Reach 4.4 Support Goals and Strategies to Reduce Vehicle Miles Traveled 5 PUBLIC SAFETY 5.1 Emergency Medical Services Local Control Andrew Slama, Fire Chief ASlama@EdinaMN.gov 952-826-0332 5.2 Residential Fire Sprinklers 5.3 Support Funding for Auto Theft and Violent Crime Investigation Todd Milburn, Police Chief TMilburn@EdinaMN.gov 952-826-0487 5.4 Support Funding and Programming for Recruitment and Retention Needs 5.5 Require K12 Threat Assessments 5.6 Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking Devices 5.7 Revise School Resource Officer Legislation 5.8 Arbitration Reform Kelly Curtin, Human Resources Director KCurtin@EdinaMN.gov 952-826-0402 Draft Summary of 2024 Legislative Priorities and Positions January 2, 2024 Priorities: 1 Bonding for Interchange Improvements at Minnesota Highway 100 and Vernon Avenue/West 50th Street The City requests $5.3 million in state funds to make the TH100 and Vernon Avenue interchange safer and simpler and increase pedestrian access. Hennepin County and the City are partnering on this project and $5.3 million in local matching funds have been identified. The City also requests the surplus land created by the project be dedicated for a third fire station in northeast Edina. 2 Bonding for the Aquatic Center The Edina Aquatic Center requests state bonding to replace critical infrastructure in the facility’s pool pump house. Total project cost is $10.5 million. The Aquatic Center is a popular regional destination, with 75% of its annual visitors coming from outside of Edina, and an average of 850 to 1,000 visitors per day. 3 Sales Tax Exemption for Projects in the Braemar Park Master Plan and Fred Richards Park Master Plan The City will make improvements with local sales and use tax revenue in the Braemar Park Master Plan and Fred Richards Park Master Plan and will seek a sales tax exemption for the construction costs. 4 Allowance to Use Allocated State Bonding for Fire Station 2 Construction Costs The City received $1 million in state funds for the land acquisition, pre-design, or design of a new fire station in Edina. This facility will have regional benefits through fire and ambulance service, emergency management, and public health services. The City is requesting allowance to use the allocated funds for construction costs. 5 Authority to Expand Eligible Uses the City’s Lodging Taxes The City seeks legislative support for redistributing the City’s lodging taxes. The City seeks to increase the range of the eligible expenses so that it includes general economic development and business support activities of the Edina Chamber of Commerce and expenses related to local community festivals and events. 6 Tax Increment Financing (TIF) Legislation for 70th and France and 72nd and France The City requests an extension of the five-year rule to 10 years for these districts, and the ability to extend the terms of each TIF agreement, subject to approval by Edina City Council. When these Districts were established, the developers were on pace to redevelop the sites with new commercial and multi-family housing buildings. Increased costs of construction material and labor and interest rates, along with limited private funding are projected to remain until 2025, and these factor limit the ability of the projects to move forward. Positions: 1 GENERAL GOVERNMENT 1.1 Realign Motor Vehicle Lease Sales Tax Allocation Hennepin and Ramsey Counites contributions to the County State Aid Highway Fund for roads and bridges are allocated to the other five metro counties, while all seven metro counties now collect their own local transportation sales tax. The City advocates for distributing the sales tax on lease vehicles, per the county state aid formula, to all metro counties, because it puts Hennepin and Ramsey Counties at a disadvantage in funding needed roads and bridge projects. 1.2 Increase Purchasing Agency The city manager purchasing limit in statutory Plan B cities is $20,000; any purchase in excess of that requires approval by the city council. The City supports a raise in the legal maximum to at least $100,000, with the ability for individual city councils to set lower thresholds at their discretion because the current limit has not been raised since 2004, many city purchases exceed $20,000 and neighboring cities have higher limits. 1.3 Change Group Home Regulation The City supports regulation that requires distance separation for licensed residential care facilities because without this regulation, individuals no longer reap the benefit of enjoying a normal residential setting with a diversity of households; neighborhoods experience an increase in traffic, parking needs, and deliveries; grouping residential facilities is more similar to a large institutional campus and commercial area, rather than a residential one. 1.4 Reinforce the Open Wholesaling Systems through Legislation The City supports reinforcement of the open wholesaling system because without open wholesaling, wholesale prices will increase, service levels on certain brands will decrease, purchase and delivery schedules will be reduced, and sale margins will be compressed. 1.5 Oppose Changes to Tap Room Retail Operations In October 2021, tap rooms began offering direct-to-customer bulk sales via carryout, with controls on quantity and packaging. More time is needed to understand the effect on the market, customer, and other retailers. 1.6 Protect Customer Data The City supports protections for customer data that may currently be subject to data practices requests because it erodes trust with the customer, puts municipal liquor stores at a competitive disadvantage, and led to the discontinuation of Edina’s municipal liquor customer rewards program. 1.7 Clarity on THC-Infused Products As of July 2022, products containing THC are permitted for sale. The City seeks clarification on if retail liquor stores can sell THC-infused beverages because profits generated may be considered unlawful activity and there are limits on accepting credit card payments for the products. 1.8 Maintain Constraints on Off-Sale Liquor Minnesota allows off-sale liquor for grocery stores which apply for the appropriate license, which some have done. Other grocery and convenience stores sell the 3.2% alcohol allowed in stores without an off-sale liquor license. The City supports maintaining the constraints on off-sale liquor because grocery stores can apply for the appropriate license and the current licensing system allows smaller private and municipal liquor stores to compete. 1.9 Adult-Use Cannabis Legislation during the 2023 session liberalized state law on adult-use cannabis and established regulatory authority in the new Office of Cannabis management. The City supports further clarification on the opportunity to operate a municipal cannabis retail store. 1.10 Hearing Aid Affordability Hearing aid health care coverage and costs make these critical devices unattainable for those who are on a fixed income and youth who age out of hearing aid support programs. The City supports programs or policy changes which reduce the cost of hearing aids and increase access to them, due to the critical role they play and the cost which prohibits people from accessing these devices. 1.11 Allow Restrictions on Possession of Firearms in Municipal Facilities with School-Like Use The Minnesota Citizens Personal Protection Act, also known as “conceal-and carry,” prohibits guns on most school properties but forbids other local units of government from prohibiting loaded firearms on their properties. The City has several facilities with school-like usage and supports clarifying the law to allow municipal facilities with school-like usage to restrict the possession of firearms inside their facilities. 1.12 Protect Municipal Employees with Enforcement Functions The City supports extending the protections for municipal employees with mandated duties, such as police officers, to all public employees whose jobs require them to enforce administrative codes, rules, ordinances, and state laws as a part of their job due to risk of assault and violence these employees face. 1.13 Remove Language in the MN State Constitution Allowing for Enslavement of Incarcerated People The City urges removal of language allowing for the enslavement of incarcerated people as it is inconsistent with Minnesota values. 2 AFFORDABLE HOUSING 2.1 Reduce the Tax Rate on Land Trust Properties to Align with the 4d Property Tax Classification The City supports a change to align land trust properties with the 4d property tax classification, which is applied to low- income rental properties at up to a 0.25% rate because homeowners do not own the land, the trust is should create affordable home ownership opportunities, which is difficult when the higher 1a tax rate makes the home less affordable. 2.2 Protection of and Taxation for Housing Purchased by Corporations for Renting The City supports legislation authorizing a tax on the sale of these properties to corporations and protections prohibiting the conversion of single family residences in to rental properties by developers and corporations The City and surrounding communities have seen an increase in the number of residences converted from single family homes owned by the residents to rental properties, and such conversion negatively impacts ownership opportunities for residents. 2.3 Reform Eviction Expungement Records of unlawful detainer filings, or eviction lawsuits, remain on a tenant’s public record regardless of whether the matter was settled or dismissed prior to the court hearing or if the tenant prevails at the hearing. These records are not a reasonable predictor of future tenant behavior, yet they impede renters from securing housing in the future. Therefore, the City supports legislation that would expand the eligibility for discretionary and mandatory expungements for eviction case court files. 3 ENVIRONMENT AND SUSTAINABILITY 3.1 Establish Building Performance Standards The City supports establishing building performance standards because large commercial buildings are a significant contributor to Minnesota’s and Edina’s greenhouse gas emissions and a standard establishes required energy efficiency targets, a timeline to meet them, and resources to help building owners comply. 3.2 Establish a Right to Cooling Standard for Minnesotans The City supports establishing a right to cooling, coupled with increased resources for the state’s Energy Assistance Program (EAP) because lack of cooling or inadequate cooling can have serious health consequences. 3.3 Repeal the State’s Ban on Bag Bans With the passage of Edina’s Carryout Bag Ordinance, the City took one step toward shifting consumer behavior away from disposable goods. However, establishing a legislative path to ban plastic bags – produced by fossil fuels and source of microplastics – is an essential next step to materially reduce waste. 3.4 Allocate I 00% of State Revenue from the Solid Waste Management Tax (SCORE) to County Waste Management Activities The City supports continued SCORE funding because the funds advance waste reduction, reuse, recycling and organics programs to meet city, county and state recycling goals. 3.5 Support Efforts for the Proper Labeling of Compostable Products The City supports promoting only vetted manufactures because it reduces the sale of products with misleading claims, reduces recycling contamination and simplifies education. 3.6 Fund Expanded Infrastructure at the Local Level for the Creation of Compost Processing Sites and Anaerobic Digesters. The City supports additional funding for the programs because landfilling all waste in the county and metropolitan area is no longer a viable option. 3.7 Support Extended Producer Responsibility Extended producer responsibility initiatives require manufacturers to finance all costs associated with collection, reusing, recycling, or safe disposal of their products such as carpets, mattresses, and electronics, which aligns with the City’s focus on reuse events and building partnerships. 3.8 Develop and Fund Zero-Waste Initiatives Zero-waste initiatives manage all discarded materials to their highest and best use. The City supports these initiatives because they will aid state, county and city governments reaching recycling and composting goals. 3.9 Support Funding and Technical Assistance to Electrify Public and School Buses There are very few electric public-school buses in Minnesota, and none in Edina. The City supports efforts to increase electrification of public and school buses because it would reduce overall greenhouse gas (GHG) emissions and the impact of carbon emissions on populations that rely on this mode of transportation. 3.10 Increase Funding for the State E-bike Rebate Program The City supports continuing and increasing the fund appropriated in 2023 for the new e-bike rebate program because more low-income residents will be able to access e-bikes, which are associated with positive health and climate benefits. 3.11 Establish State Funding to Support Expanded Carshare Networks in the Twin Cities and Minnesota The City supports an expanded carshare network, following Xcel Energy pulling funding from HOURCAR, the nonprofit electric carshare service in Minneapolis and Saint Paul. 3.12 Continue Support for Local Environmental Health Regulatory Programs Currently, the State delegates authority to operate food, pool and lodging establishment regulatory programs to cities and counties. The City supports continuing local operation of these public health services and programs, allowing cities to provide services to meet local needs. 3.13 Support Funding Research, Training, and Legislation for Applicators of Chloride- Containing De- Icing Chemicals Salt is a pollutant and causes damage to infrastructure and the environment. Private contractors tend to over-apply salt on parking lots and sidewalks, often because they are afraid of “slip-and-fall” lawsuits. Research, training and certification is needed to decrease salt application, address liability concerns, and improve water quality. 3.14 Inflow and Infiltration (I/I) Municipal Grant Program Inflow and infiltration (I/I) are terms for the ways that clean water, including ground and storm water, makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. I/I mitigation through the Municipal State Bond Grant Program supports efficient use of the regional system for waste treatment and slows the the need for capacity upgrades. 4 TRANSPORTATION 4.1 Continue Municipal State Aid (MSA) Funding The City has 40.85 miles of roads designated as MSA. The City asks for continued support of this vital funding because high-quality connections are necessary for the overall state highway network to work well, and the roads on the state aid system typically carry heavier traffic volumes, connect major points of interest and provide an integrated and coordinated road system. 4.2 Increase Local Bridge Replacement Program (LBRP) Funding The Local Bridge Replacement Program provides local agencies transportation funding for the reconstruction, rehabilitation or removal of bridges or structures, but the program does not receive enough funding, with $36 million in waitlisted projects in 2019, including two Edina projects. The City supports funding dedicated to the Local Bridge Replacement Program to meet local need. 4.3 Expansion of Public Transportation Frequency and Reach The City supports additional funding to reverse the impact of recent service reductions, supports operator hiring initiatives, and developing a connecting bus study for the METRO Green Line Extension (Southwest LRT) to increase ridership to meet climate action goals and community goals. 4.4 Support Goals and Strategies to Reduce Vehicle Miles Traveled Transportation and land use account for 40% of Edina’s citywide greenhouse gas emissions (GHG) and are likely to become the leading GHG emissions source. The City supports funding to provide alternative transportation infrastructure to decrease the use of single-occupancy vehicles to reduce their negative impacts on air quality, traffic congestion and quality of life and to meet climate action goals. 5 PUBLIC SAFETY 5.1 Emergency Medical Services (EMS) Local Control The City supports legislation allowing Local governments to set standards for EMS service in their communities and to find an EMS provider than can meet local standards. 5.2 Residential Fire Sprinklers The City opposes efforts to statutorily limit the use of residential fire sprinklers and supports the inclusion of professionals and industry experts in the creating or writing of any code parameters. 5.3 Support Funding for Auto Theft and Violent Crime Investigation The City supports the creation and funding of a multijurisdictional group of law enforcement officials focusing on investigations and prevention due to the increase of auto theft and violent crimes committed in stolen vehicles. 5.4 Support Funding and Programming for Recruitment and Retention Needs The City supports a variety of funded recruitment and retention programs for law enforcement agencies, including bonuses, part-time officer licenses, paid health care in retirement, deferred retirement option programs and scholarship programs. These programs will help address the difficult hiring and retention landscape that agencies of all sizes are facing. 5.5 Require K-12 Threat Assessments The City supports legislation which would require school districts to study and address general and specific school safety issues to address concerns beyond physical infrastructure, which has been addressed in other grant programs. 5.6 Increase Penalty for Fleeing in a Motor Vehicle and Allow Use of Mobile Tracking Devices The City supports increasing the penalty for fleeing and allowing officers to use mobile tracking devices on fleeing vehicles under specific circumstances. The number of fleeing offenders has risen, the risk of fleeing and pursuit is high, and allowing the use of tracking devices reduces the need to pursue fleeing offenders. 5.7 Revise School Resource Officer Legislation In 2023, the 93rd Legislature changed the reasonable force standards by which school resource officers act in schools. The City supports amendments to the legislation to remove the competing interpretations and different reasonable force standards. 5.8 Arbitration Reform Currently, individual arbitrators are allowed to override the professional discipline and termination decisions made by city manager and police chiefs. The City supports using administrative law judges and instituting a standard of reasonableness focused on if the facts presented show that the employer’s actions were reasonable and consistent with city and department policies, to restore the ability of local elected and appointed officials to make lasting discipline or termination decisions and help ensure a public safety department meets the needs of the community. 1 DRAFT 2024 CITY POLICIES Available online: www.lmc.org/draftpolicies The League’s four policy committees, made up of over 150 city officials from around the state, adopted the 2024 Draft City Policies during their final meetings in September. Please take a moment to review the policies and submit comments. You can also read the separate 2024 Policy Committee Highlights document to see a summary of the changes and new policies the committees are recommending. Send comments to policycomments@lmc.org Comment period ends October 27, 2023 All member comments will be shared with the League Board of Directors before the Board takes final action on the policies on Nov. 9. The policies will serve as a framework for the League’s advocacy efforts during the 2024 legislative session. The City Policies are the only comprehensive statewide advocacy agenda for all Minnesota cities. POLICY DOCUMENT KEY: Underlining indicates new language. (example) Strikeouts indicate deleted language. (example) 2 Table of Contents *asterisk indicates change to policy IMPROVING SERVICE DELIVERY ............................................................................7 SD- 1. Local Control ......................................................................................................................7 SD- 2. Unfunded Mandates ...........................................................................................................7 SD- 3. Local Approval of Special Laws ........................................................................................8 SD- 4. Redesigning and Reinventing Government* ...................................................................8 SD- 5. State Government Shutdowns .........................................................................................10 SD- 6. Duration of Conservation Easements .............................................................................11 SD- 7. Racial Equity in Minnesota .............................................................................................12 SD- 8. Immigration Reform* ......................................................................................................14 SD- 9. Responsibility for Locating Private Underground Facilities........................................15 SD- 10. Utility Relocation Under Design-Build Road Construction .......................................17 SD- 11. National Fire Protection Association (NFPA) Standards ...........................................17 SD- 12. Fire Mutual Aid ..............................................................................................................18 SD- 13. Clarification of Joint Powers Relationships with Federally Recognized Indian Tribes .............................................................................................................................19 SD- 14. Ambulance Service Costs and Liability ........................................................................20 SD- 15. Emergency Medical Services .........................................................................................21 SD- 16. Fees for Service ...............................................................................................................22 SD-17. Fundraising Authority ....................................................................................................23 SD- 18. Improving and Increasing Citizen Access to Information ..........................................24 SD- 19. Administrative Fines for Code Violations ....................................................................25 SD- 20. Contracting and Purchasing ..........................................................................................26 SD- 21. City Enterprise Operations ...........................................................................................27 SD- 22. Preservation of Order in City Council Meetings .........................................................27 SD- 23. Constitutional Amendments ..........................................................................................28 SD- 24. Initiative and Referendum .............................................................................................28 SD- 25. Civil Liability of Local Governments ...........................................................................29 SD- 26. Private Property Rights and Takings ...........................................................................30 SD- 27. Organized Solid Waste Collection ................................................................................32 SD- 28. Private Well Drilling ......................................................................................................33 SD- 29. Sustainable Development* .............................................................................................34 SD- 30. Advanced Energy Building Standards* .......................................................................36 SD- 31. Construction Codes* ......................................................................................................38 SD- 32. Building Officials ............................................................................................................39 SD- 33. Disability Access Requirements ....................................................................................40 SD- 34. Assaults on Code Enforcement Officials ......................................................................42 SD- 35. Restrictions on Possession of Firearms.........................................................................42 SD- 36. Public Safety Communications .....................................................................................43 SD- 37. Collateral Consequences and Expungements* ............................................................44 SD- 38. Criminal and Juvenile Justice Information .................................................................47 SD- 39. Pawn Shop Regulation and Use of the Automated Property System (APS) .............48 SD- 40. City Costs for Enforcing State and Local Laws ..........................................................49 SD- 41. Compensation and Reimbursement for Public Safety Services .................................50 SD- 42. Administrative Traffic Citations ...................................................................................51 3 SD- 43. Juveniles in Municipal Jails ...........................................................................................52 SD- 44. Justice System Funding ..................................................................................................53 SD- 45. 21st Century Policing ......................................................................................................54 SD- 46. Post-Incarceration Living Facilities ..............................................................................56 SD- 47. Homeland Security Costs and Liability* ......................................................................56 SD- 48. Cybersecurity* ................................................................................................................57 SD- 49. Legalization of Fireworks ..............................................................................................58 SD- 50. Traffic Enforcement Cameras*.....................................................................................60 SD- 51. Operation of Motorized Foot Scooters .........................................................................60 SD- 52. Catalytic Converter Theft* ............................................................................................61 SD- 53. Drug Courts ....................................................................................................................62 SD- 54. Drug Paraphernalia*......................................................................................................62 SD- 55. Regulation of Massage Therapists ................................................................................63 SD- 56. Regulation of Adult-Use Cannabis and Cannabinoid Products*...............................65 SD- 57. Lawful Gambling and Local Control ...........................................................................69 SD- 58. Liquor Liability Insurance Limits ................................................................................70 SD- 59. On-Sale Liquor or Wine Licenses .................................................................................71 SD- 60. Liquor Licensing of Non-Contiguous Spaces ...............................................................71 SD- 61. Wine and Off-Sale Licenses ...........................................................................................72 SD- 62. Youth Access to Alcohol and Tobacco ..........................................................................72 SD- 63. Consumer Small Loans ..................................................................................................73 SD- 64. Regulation of Mobile Businesses ...................................................................................74 SD- 65. Regulation of Party Buses and Boats-for-Hire ............................................................74 SD- 66. Environmental Protection..............................................................................................76 SD- 67. Impaired Waters .............................................................................................................79 SD- 68. Municipal Public Water Supplies .................................................................................81 SD- 69. Municipal Electric Utilities ............................................................................................83 SD- 70. State Support for Municipal Energy Policy Goals ......................................................84 SD- 71. Urban Forest Management Funding* ..........................................................................86 SD- 72. City Pesticide Application Authority* ..........................................................................87 SD- 73. Election Issues* ...............................................................................................................87 SD- 74. Administering Absentee Balloting and Early Voting* ................................................88 SD- 75. Loss of Felon Voting Rights* .........................................................................................92 SD- 76. Write-in Candidates in City Elections* ........................................................................92 SD- 77. Ranked Choice Voting* .................................................................................................93 SD- 78. Voter Assistance*............................................................................................................94 SD- 79. Electronic Rosters* .........................................................................................................95 SD- 80. Election Judge Recruitment and Retention .................................................................95 SD-81. Mail Balloting*.................................................................................................................97 SD-82. Modernizing Charter Amendment Process ..................................................................97 SD-83. Presidential Nomination Primary ..................................................................................98 SD-84. Health Care Facility Voting* ..........................................................................................98 SD-85. Voters Experiencing Homelessness ..............................................................................100 SD-86. Voter Registration .........................................................................................................100 SD-NEW A. Operation of Electric Assisted Bicycles* ............................................................103 4 IMPROVING LOCAL ECONOMIES ........................................................................104 LE- 1. Growth Management and Annexation .........................................................................104 LE- 2. Wildlife Management Areas ..........................................................................................105 LE- 3. Official State Mapping Responsibility..........................................................................106 LE- 4. Electric Service Extension .............................................................................................107 LE- 5. Statutory Approval Timelines .......................................................................................108 LE- 6. Maintenance of Retaining Walls Adjacent to Public Rights of Way .........................110 LE- 7. Development Disputes ....................................................................................................111 LE- 8. Foreclosure and Neighborhood Stabilization* ............................................................111 LE- 9. Housing Policy* ..............................................................................................................114 LE- 10. Resources for Affordable Housing*............................................................................116 LE- 11. Greater Minnesota Housing* ......................................................................................120 LE- 12. Energy Efficiency Improvement Requirements for Housing ...................................122 LE- 13. In-Home Day Care Facilities .......................................................................................124 LE- 14. Residential Programs ...................................................................................................124 LE- 15. Inclusionary Housing ...................................................................................................126 LE- 16. Community Land Trusts* ...........................................................................................127 LE- 17. Telecommunications and Information Technology ..................................................128 LE- 18. Broadband*...................................................................................................................128 LE- 19. Cable Franchising Authority*.....................................................................................132 LE- 20. Public Right-of-Way Management* ...........................................................................134 LE- 21. Wireless Infrastructure and Equipment Siting .........................................................136 LE- 22. County Economic Development Authorities..............................................................136 LE- 23. Local Appropriations to Economic Development Organizations ............................137 LE- 24. Workforce Readiness ...................................................................................................137 LE- 25. Business Development Programs ................................................................................138 LE- 26. Remediation and Redevelopment ...............................................................................139 LE- 27. Development Authority Levy Limits ..........................................................................140 LE- 28. Tax Increment Financing (TIF)* ................................................................................141 LE- 29. Property Tax Abatement Authority ...........................................................................143 LE- 30. Opportunity Zones* .....................................................................................................144 LE- 31. Revisions to the OSA Audit Function .........................................................................145 LE- 32. OSA Time Limitations .................................................................................................146 LE- 33. Workforce Housing ......................................................................................................147 LE- 34. Development Along Transit Corridors ......................................................................149 LE- 35. Authority to Create Public Infrastructure Utilities ..................................................150 LE- 36. Adequate Funding for Transportation* .....................................................................151 LE- 37. Turnbacks of County and State Roads ......................................................................153 LE- 38. MnDOT Rights-of-Way Maintenance ........................................................................154 LE-39. Funding for Non-Municipal State Aid City Streets* ................................................ 154 LE- 40. Authority to Allow Amenities in MnDOT Rights-of-Way .......................................156 LE- 41. Complete Streets* .........................................................................................................157 LE- 42. Authority to Implement Infrastructure Fees .............................................................157 LE- 43. Safe Routes to School Grants Management ...............................................................158 LE- 44. Railroads* .....................................................................................................................159 LE- 45. Airport Planning and Funding....................................................................................161 5 LE- 46. Airport Safety Zones ....................................................................................................162 LE-NEW A. Greenhouse Gas Emissions and Vehicle Miles Traveled Assessment Requirements on Trunk Highway Projects* ...........................................................164 LE-NEW B. Comprehensive Plans and Environmental Review* .........................................165 HUMAN RESOURCES & DATA PRACTICES ........................................................166 HR-1. Personnel Mandates and Limits on Local Control* ....................................................166 HR-2. Earned Sick and Safe Time* .........................................................................................167 HR-3. Pay Equity Compliance ..................................................................................................168 HR-4. Public Employment Labor Relations Act (PELRA)* .................................................168 HR-5. Implications of Janus v. AFSCME ................................................................................170 HR-6. Public Employment Relations Board* ..........................................................................171 HR-7. Essential Employees .......................................................................................................172 HR-8. Re-employment Benefits ................................................................................................173 HR-9. Public Employee Defined Benefit Pension Plans* .......................................................173 HR-10. Deferred Compensation ...............................................................................................178 HR-11. Continued Health Insurance for Duty Disabled Peace Officers and Firefighters* 178 HR-12. Health Care Insurance Programs ...............................................................................180 HR-13. Workers’ Compensation* ............................................................................................182 HR-14. Public Safety Duty Disability* .....................................................................................184 HR-15. Drug and Alcohol Testing in the Workplace*...........................................................187 HR-16. Veterans Preference .....................................................................................................188 HR-17. Military Leave Reimbursement ..................................................................................189 HR-18. Tele-Health Exams .......................................................................................................190 HR-NEW A. Public Employees Retirement Association Police and Fire Plan Membership Eligibility for Fire Department Employees* ............................................................190 Data Practices .................................................................................................................192 DP-1. Data Practices Compliance Costs ..................................................................................193 DP-2. Records Retention Compliance Costs ...........................................................................195 DP-3. Updating the Minnesota Government Data Practices Act* ........................................195 DP-4. Maintaining Government Data in Large Databases ....................................................197 DP-5. Sharing of Student Data with Local Law Enforcement in Emergencies* .................198 DP-6. Disclosure of Victim Data ...............................................................................................198 DP-7. Challenges to the Accuracy of Data ...............................................................................199 DP-8. Law Enforcement Technologies .....................................................................................200 DP-9. Body-Worn Cameras ......................................................................................................202 DP-10. Open Meeting Law ........................................................................................................203 DP-11. Needed Closed Meeting Exceptions to the Open Meeting Law ................................203 DP-12. Remote Participation under the Open Meeting Law* ...............................................205 Federal Employment Law .............................................................................................206 FED-1. Consolidated Omnibus Budget Reconciliation Act (COBRA) .................................206 FED-2. Flexible Spending Accounts* .......................................................................................207 FED-3. IRS Regulations on Death Benefits .............................................................................208 FED-4. Federal Public Safety Collective Bargaining Bill.......................................................208 6 FED-5. Federal Health Care Reform* .....................................................................................209 FED-6. Amended Internal Revenue Code Regarding 403(b) Retirement Plans ..................209 FED-7. Amended Internal Revenue Code Regarding Health Savings Account Eligibility and Medicare Enrollment ..........................................................................................210 NEW FED A. ACA Reporting* ................................................................................................211 IMPROVING FISCAL FUTURES ..............................................................................213 FF- 1. State-Local Fiscal Relations ...........................................................................................213 FF- 2. State Budget Stability* ...................................................................................................214 FF- 3. Funding Local Government Aid* .................................................................................215 FF- 4. State Charges for Administrative Services ...................................................................218 FF- 5. Reporting Requirements ................................................................................................218 FF- 6. Taxation Duplication ......................................................................................................220 FF- 7. Direct Property Tax Relief Programs* .........................................................................221 FF- 8. Sales Tax on Local Government Purchases .................................................................222 FF- 9. Taxation of Electronic Commerce ................................................................................223 FF- 10. Local Lodging Taxes.....................................................................................................223 FF- 11. Taxation of Electric Generation Personal Property ..................................................224 FF- 12. Electric Generation Taxation Reform ........................................................................225 FF- 13. Support for Transitioning Communities* ..................................................................226 FF- 14. Taxation of Municipal Bond Interest ..........................................................................228 FF- 15. Pollution Control Exemption .......................................................................................228 FF- 16. Representative Democracy and Local Control ..........................................................229 FF- 17. Tax Hearing and Notification Process* ......................................................................230 FF- 18. General Election Requirement for Ballot Questions .................................................231 FF- 19. City Fund Balances .......................................................................................................231 FF- 20. Local Option Sales Tax and City Revenue Diversification* .....................................232 FF- 21. City Franchise Authority .............................................................................................235 FF- 22. Utility Valuation Transition Aid* ...............................................................................236 FF- 23. State Assistance for Property Tax Refunds for State-Assessed Property ...............237 FF- 24. Transition for Property Acquired by Tax-Exempt Entities .....................................238 FF- 25. Payments for Services to Tax-Exempt Property ........................................................238 FF- 26. Housing Improvement Areas and Special Service Districts Petitioned by Business* ......................................................................................................................................239 FF- 27. Tax-Forfeited Properties and Local Special Assessments ........................................240 FF- 28. Distribution of Proceeds from the Sale of Tax-Forfeit Property .............................241 FF- 29. State Hazard Mitigation and Response Support .......................................................243 FF- 30. Library Funding* .........................................................................................................243 FF- 31. Park and Library Land Tax Break .............................................................................246 FF- 32. Increasing Safe School Levy Authority ......................................................................246 FF- 33. Equitable Funding of Community Education Services* ...........................................247 FF- 34. Street Reconstruction Bond Approval ........................................................................247 FF- 35. Special Assessment Election Requirements................................................................248 FF- 36. Homestead Market Value Exclusion* .........................................................................248 FF- 37. State Fund for Non-weather-related Disaster/Catastrophe Relief ...........................249 FF- NEW A. Park Dedication* .................................................................................................250 7 IMPROVING SERVICE DELIVERY 1 SD-1. Local Control 2 Issue: Cities are often laboratories for determining public policy approaches to the challenges that 3 face citizens. Success in providing for the basic needs of a functional society is rooted in local 4 control to determine how best to respond to the ever-changing needs of a citizenry. Because city 5 government most directly impacts the lives of people, and representative democracy ensures that 6 locally elected officials are held accountable for their decisions through local elections, local 7 governments must have sufficient authority and flexibility to meet the challenges of governing and 8 providing citizens with public services. 9 Response: The increasingly complex and costly requirements necessary for cities to provide 10 services to their citizens would benefit from a strong partnership between federal, state and 11 local governments. This partnership should be based upon a shared vision for Minnesota and 12 should allow individual communities to tailor that vision to the unique needs of their citizens 13 without mandates and policy restrictions imposed by state and federal policy makers. The 14 state should recognize that local governments, of all sizes, are often the first to identify 15 problems and inventive solutions to solve them, and should encourage further innovation by 16 increasing local control. The state should not enact initiatives that erode the fundamental 17 principle of local control in cities across Minnesota. 18 SD-2. Unfunded Mandates 19 Issue: Federal and state mandated programs substitute the judgment of Congress, the president, the 20 Minnesota Legislature, and the governor for local budget priorities. These mandates force cities to 21 reduce funding for other basic services or to increase taxes and service charges. 22 Response: 23 a) Existing unfunded mandates should be reviewed and modified or repealed where 24 possible. 25 8 b) No additional statewide mandates should be enacted unless full funding for the mandate 1 is provided by the level of government imposing it or a permanent stable revenue source 2 is established. 3 c) Cities should not be forced to comply with unfunded mandates. 4 d) Cities should be given the greatest flexibility possible in implementing mandates to 5 ensure their cost is minimized. 6 SD-3. Local Approval of Special Laws 7 Issue: The Minnesota Constitution prohibits special legislation except for certain special laws 8 relating to local government. It provides that a special law must name the affected local unit of 9 government and is effective only after approval by the local government unit, unless general state 10 law provides otherwise. Under (Minn. Stat. §§ 645.021-645.024), a special law is not effective 11 unless approved by the affected local unit of government, except under limited circumstances. 12 In recent years, the Legislature has occasionally enacted general laws that affect a single local unit 13 of government. By enacting a general law with limited application, local approval is not required. 14 Response: The League of Minnesota Cities supports the Constitutional requirement that a 15 special law must be approved by the affected local unit of government before it can take 16 effect. If a law is intended to affect or benefit a single local unit of government, the 17 Legislature must follow the requirements for enacting a special law set forth in the 18 Minnesota Constitution and in Minn. Stat. §§ 645.021-645.024. The League specifically 19 opposes the Legislature's technique of bypassing the Constitution by not naming the local 20 government, but describing the local government in such narrow terms that it can only apply 21 to one entity. 22 SD-4. Redesigning and Reinventing Government* 23 Issue: Every level of government is redesigning, reinventing, and reevaluating its organizational 24 structure and programs in response to financial realities and citizens’ needs and problems. 25 Reforms, however, must be more than change for the sake of change to existing programs. It is 26 9 imperative that government officials talk with citizens about how services are currently provided 1 and how they can be best provided in the future. 2 To be meaningful, redesign of governmental entities and services should: 3 a) save money where feasible; 4 b) deliver improved services; 5 c) serve essential needs; and 6 d) be equitably structured. 7 Cities have and will continue to re-evaluate city programs and services, pursue the use of 8 cooperative agreements, and consider organizational changes that provide greater government 9 efficiency and result in better service to citizens. Citizen input and participation should be gathered 10 and taken into account as decisions about service delivery are being made and implemented. 11 All levels of government are encouraged to: 12 a) Ensure that in redesigning, reinventing or reassigning government services and programs, the 13 appropriate level of service to citizens is evaluated and citizen demands and expectations are 14 adequately addressed. 15 b) Engage as many citizens as possible, from diverse backgrounds and interests, to determine 16 what services matter most to citizens and how the delivery of those services can be changed to 17 increase efficiency and lower cost. 18 c) Educate citizens about what services government delivers, how they are delivered, and how 19 those services are funded. 20 d) Engage in traditional and nontraditional partnerships to make service changes and do things in 21 new ways. 22 e) Identify and repeal programs or discontinue services that are no longer necessary, and evaluate 23 which services can readily and fairly be provided by the private sector. 24 10 Response: Federal, state, and county governments should: 1 a) Promote and support local redesign efforts through incentives rather than mandates. 2 a) Communicate and establish a process of negotiation before shifting responsibility for 3 delivering services from one level of government to another, or seeking to reduce service 4 duplication. 5 b) Utilize government entities with proven track records in redesign efforts. 6 SD-5. State Government Shutdowns 7 Issue: Twice in less than one decade, the state Legislature and governor failed to reach a global 8 agreement on the state budget by the end of the fiscal biennium (June 30 of odd-numbered years). 9 As a result of these impasses, portions of state government were shut down. The shutdowns, 10 particularly the shutdown in 2011, created a range of challenges for cities, as well as for the state’s 11 courts, residents, businesses, licensed professionals, state employees and others. 12 For cities, the most pronounced challenges related to the shutdowns were as follows: 13 a) Uncertainty about the timing and amount of aid and credit reimbursement payments and the 14 distribution of local sales tax revenues. 15 b) Inability of licensed city professionals such as peace officers and water treatment facility 16 operators to renew licenses. 17 c) Loss of access to critical information such as the Bureau of Criminal Apprehension database 18 and state-mandated reports. 19 d) The shutdown of transportation projects on the trunk highway and state aid system. 20 e) Interruption of local economic development due to the state having sole authority to inspect, 21 review and approve various plans and types of projects. 22 Although the 2011 shutdown ultimately resulted in judicially-ordered continuation of many state 23 government services, a 2017 Minnesota Supreme Court decision (A17-1142) would likely 24 11 exacerbate the impacts on cities in a future state government shutdown. In that decision, the court 1 stressed that “Article XI, Section 1 of the Minnesota Constitution does not permit judicially 2 ordered funding for the Legislative Branch in the absence of an appropriation.” The effect of the 3 2017 decision has yet to be tested. 4 Response: The League of Minnesota Cities urges the Legislature and governor to establish a 5 procedure in state law to continue certain state government operations into a new biennium 6 in the event that the governor and legislators cannot reach a budget agreement. Specifically, 7 the Legislature and governor should modify state law to assure that the staff necessary to 8 distribute state funds that are already encumbered or statutorily appropriated to local 9 governments are distributed as statutorily scheduled, or in the absence of a statutory 10 payment schedule, are released in a predictable and timely manner in the event of future 11 shutdowns. 12 The Legislature should also pass legislation that allows existing licenses of public employees 13 to be continued during any future state government shutdown and should identify additional 14 areas, such as electrical and plumbing inspection and plumbing plan review, where local 15 governments could reasonably step in to handle the inspections, review, and approval 16 necessary for local projects to move forward, and allows work on approved projects to 17 continue in state rights-of-way. 18 SD-6. Duration of Conservation Easements 19 Issue: The Minnesota Marketable Title Act provides that any deed over 40 years old can be 20 disregarded unless the holder of the interest re-records it. There is an exception for a person in 21 possession of the property. A 2010 Minnesota Supreme Court decision said that the person in 22 possession has to show that the possession has been visible enough to put a prudent person on 23 notice of the interest, and that the possession has to be continuous. Sampair v. Village of 24 Birchwood, 784 N.W.2d 65 (Minn. 2010). 25 This creates issues for cities that have conservation easements. It is difficult, if not impossible, to 26 show actual use of the easement because conservation easements are passive easements, not active 27 ones. As a result, cities will have to re-record the easements every 40 years in order to maintain 28 12 them. This will result in a significant administrative burden and increase costs for local units of 1 government due to staff time, legal fees, and recording fees. 2 Additionally, Minn. Stat. § 500.20, entitled “Defeasible Estates,” provides in subd. 2a that private 3 covenants, conditions, or restrictions that affect the title or use of real estate cease to be valid 30 4 years after the date of the instrument creating them and they may be disregarded. This provision 5 was initially enacted in 1988. 6 Minn. Stat. ch. 84C regarding conservation easements was enacted in 1985, and Minn. Stat. §§ 7 84.64-.65 regarding conservation restrictions were originally enacted in 1974. Because 8 conservation easements and conservation restrictions are not listed among the restrictions that are 9 not subject to Minn. Stat. § 500.20, subd. 2a, it is possible to conclude, by negative implication, 10 that subd. 2a does apply to the conservation easements and conservation restrictions created by 11 earlier enacted statues. This conclusion is inconsistent with the language in Minn. Stat. § 12 84C.02(b) that “a conservation easement is unlimited in duration unless the instrument creating it 13 otherwise provides.” 14 Response: The League of Minnesota Cities supports legislation that excepts holders of 15 conservation easements from re-recording the easements under the Minnesota Marketable 16 Title Act and that clarifies that Minn. Stat. § 500.20, subd. 2a, does not apply to conservation 17 easements and restrictions. 18 SD-7. Racial Equity in Minnesota 19 Issue: Since the earliest days of its history, race and racial inequity issues have been present in 20 Minnesota. Land acquisition and ownership, discriminatory covenants restricting homeownership 21 to white Minnesotans, and patterns of systemic, structural, and institutional racism have brought 22 the state to experience some of the worst racial disparities in the country for employment, housing, 23 education, health, criminal justice, and law enforcement. Explicit and implicit bias toward people 24 of color is prevalent in public policies and other rules governing Minnesota residents. Racial 25 equity is accomplished when race can no longer be used to predict success, and we have 26 government and systems that work for all. 27 13 The data is readily available from the U.S. Census, the state demographer, and local government. 1 For example, Minnesota ranks 50th in the nation for median income equality and 49th in 2 homeownership equality. The killing of George Floyd and the disproportionate impact of COVID-3 19 on communities of color have further highlighted the critical need to overhaul our laws, 4 policies, and practices to address systemic racism. 5 Racial demographics are continually changing throughout the state. According to the state 6 demographer, 20 percent of Minnesota’s population are people of color. All racial groups have 7 recently increased in the state, but between 2010 and 2018, Minnesota has added five times as 8 many people of color as white residents. 9 While every city may be in a different place, the need for racial equity and the need to repair past 10 racial harms touches all communities, from the most racially diverse cities to cities with very few 11 or no people of color. In recognition of the need to strive for racial equity, cities are invested in 12 building a more equitable future when every resident can thrive regardless of race. Among efforts 13 cities are undertaking are: 14 a) Examining how cities deliver services and set local policies among city staff and elected 15 officials; 16 b) Creating high-level staff positions and departments to address race equity, financial and 17 educational opportunity, diversity, and analysis of city policies; 18 c) Engaging with the communities of color to build/rebuild relationships and trust; 19 d) Establishing city commissions to address race and racial equity issues with local affected 20 communities; and 21 e) Working to improve access to city procurement opportunities for veteran-, woman-, and 22 minority-owned businesses. 23 However, cities acknowledge that there is much work that still needs to be done before success for 24 all Minnesotans can be achieved regardless of race. To optimize success for all Minnesotans, cities 25 cannot work in isolation on racial equity issues. 26 14 Further, it should be acknowledged that community members who are both from communities of 1 color and are immigrants require local governments to understand the intersection between these 2 two issues and evaluate public policy initiatives from multiple social justice perspectives. League 3 policies on immigration and racial equity are heavily interrelated in that situation. 4 Response: In order to best support and serve all Minnesotans, the State should take a 5 leadership role by prioritizing addressing racial equity through its actions: 6 a) Partner with local government and communities of color to identify and address racial 7 equity issues; 8 b) Proactively assess past racial harms and develop actions to address them; 9 c) Collect and provide data disaggregated by race necessary for cities and the state to make 10 informed decisions about how to address racial disparities; 11 d) Develop a state system for the proactive and innovative development and delivery of 12 resources to local government to address racial equity including policy and service 13 options, local engagement tools, policy expertise, and financial resources; and 14 e) Actively review and amend existing statutory language to identify laws that contribute to 15 racial inequities and consider racial equity impacts when crafting proposed legislation 16 and policies. 17 SD-8. Immigration Reform* 18 Issue: The United States and the State of Minnesota have long traditions of welcoming 19 immigrants. Immigrants strengthen Minnesota by contributing to the state’s economy, enhancing 20 cultural resources, and participating in efforts to build strong communities. 21 According to the National League of Cities, roughly 35 percent of undocumented immigrants have 22 lived in the United States for 10 years or more. Approximately 1.6 million undocumented 23 immigrants are children, and another 3.1 million children in the United States have at least one 24 undocumented parent. These families are forced to live “underground” and are unable to get 25 15 drivers’ licenses or car insurance in most states. In addition, they are unlikely to obtain health 1 insurance and are afraid to report crimes to local law enforcement. 2 Since immigrants are barred from most federal public assistance, the burden of providing social 3 services, education, and health care falls to state and local governments that are increasingly 4 feeling the financial impact of both legal and illegal immigrants living in their communities. 5 Response: The League of Minnesota Cities, together with the National League of Cities, urges 6 Congress to move quickly to enact and enforce effective immigration laws. 7 Federal and state governments must not transfer responsibility for enforcing U.S. 8 immigration laws to local personnel, including police officers, firefighters, educators, health 9 professionals, and social service employees. Federal and state governments must not prohibit 10 local units of government from implementing policies aimed at fostering positive 11 relationships between local government officials, including law enforcement personnel, and 12 immigrant communities. Finally, the League supports funding for a Minnesota Office of New 13 Americans within the Minnesota Department of Employment and Economic Development 14 (DEED) which, among other responsibilities, would develop and deliver career readiness 15 services to Minnesota’s immigrant workers. 16 SD-9. Responsibility for Locating Private Underground Facilities 17 Issue: Cities are responsible for complying with state pipeline safety regulations that hold cities 18 responsible for locating and marking private service laterals that connect in public rights-of-way to 19 city sanitary and storm sewer, water, and district heating systems. The Minnesota Office of 20 Pipeline Safety (MNOPS) is proposing amendments to state pipeline and safety rules related to the 21 definition of excavation and changes to mandatory damage reporting. 22 Cities are concerned that damage to private service laterals within the public right-of-way 23 continues due, in part, to construction methods during the replacement, repair and/or installation of 24 underground utilities which cross city water and sewer services that are in the public rights-of-25 way. Trenchless excavation could potentially cause damage to underground service laterals and 26 negatively impact the quality of utility services. 27 16 Response: The League supports the changes to the definition of excavation presented by 1 MNOPS at the 2012 Review of Minn. Stat. ch. 216D. Cities support the elimination of 2 windbreaks, shelterbelts, and tree plantations from the definition of excavation, unless any of 3 these activities disturbs the soil to a depth of 18 inches or more. 4 The League supports exempting normal maintenance of roads and streets from the definition 5 of excavation if the maintenance does not change the original grade and does not involve the 6 road ditch by defining “original grade” as the grade at the date of issue of the first notice by 7 the excavator. 8 The League supports increasing MNOPS fines for violators of state pipeline safety 9 requirements, bringing state penalties in line with federal penalties. 10 The League opposes mandatory damage reporting and recommends a simple standardized 11 form to encourage cities to voluntarily report damages. The League opposes requirements 12 that would force cities to mark underground facilities of all sizes and materials. 13 The League recognizes that trenchless excavation presents concerns to cities. Private 14 property owners in the excavation area must receive advance notice of any trenchless or 15 other excavation activities that could affect the quality of utility services. Notice must 16 include at least one phone number for assistance in case of any service problems. 17 Contractors must comply with city permits requiring that the drill head be visible when 18 crossing any paint marks and moving through the pothole at the depth that the city allows 19 for the installation. 20 Cities must not be required to locate privately-owned water and sewer laterals and must not 21 be held responsible for actions by excavators when the city determines not to locate such 22 facilities. Excavators should be responsible for locating and protecting any private service 23 lateral that is impacted by excavation activities conducted on private property beyond the 24 public right-of-way. 25 17 SD-10. Utility Relocation Under Design-Build Road Construction 1 Issue: The Minnesota Department of Transportation (MnDOT) has promoted legislation relating 2 to the design-build construction process that would require private and public utilities to be 3 responsible for utility relocation necessitated by road construction. The policy, if enacted, would 4 create unanticipated costs for utilities owned and operated by cities. Municipally-owned utilities 5 would be unreasonably held to the same standards as privately-owned utilities that exist in the 6 public right-of-way. 7 Response: The League of Minnesota Cities supports use of the design-build procedure, 8 however, municipal utilities that exist in the public right-of-way should not be penalized 9 under this process. Municipal utilities legitimately exist in the public right-of-way. When a 10 MnDOT construction project requires the relocation of utilities, the cost of relocating 11 municipal utilities should be shared equitably between MnDOT and affected municipal 12 utilities. 13 SD-11. National Fire Protection Association (NFPA) Standards 14 Issue: The National Fire Protection Association (NFPA) is an international association of 15 individuals and trade and professional organizations that deals with fire and life safety. The NFPA 16 has advocated legislation that would mandate two standards: NFPA 1710, Organization and 17 Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special 18 Operations to the Public by Career Fire Departments, and NFPA 1720, Organization and 19 Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations to the 20 Public by Volunteer Fire Departments. NFPA standards 1710 and 1720 define minimum response 21 times, minimum fire company staffing levels, initial full alarm response levels, and extra alarm 22 response levels. Although NFPA codes and standards are voluntary, they are often adopted by 23 local jurisdictions. 24 Response: Levels of service delivery for fire and emergency medical services (EMS) have 25 always been determined by local jurisdictions. If mandated, the NFPA standards would force 26 local governments to shift dollars from fire prevention programs to fire suppression 27 activities, potentially increasing the risk of fire and the danger to local firefighters. 28 18 The League supports permanent and ongoing state funding to assist fire departments 1 statewide to improve emergency response and work toward industry standards. 2 The League of Minnesota Cities opposes any attempt to mandate standards for minimum 3 staffing levels of fire, specialized or EMS vehicles controlled by units of local government. 4 The League also opposes any attempt to adopt a standard dictating or affecting the response 5 time of any fire, specialized or EMS vehicle. 6 SD-12. Fire Mutual Aid 7 Issue: City and township fire departments regularly assist each other with firefighting and other 8 response activities. This mutual aid is mostly authorized by individual written contracts with each 9 city or township, which results in a patchwork of different agreements with different provisions. 10 Often, each city attorney recommends different provisions. 11 Following the Red River floods and the St. Peter tornados, emergency responders (including fire 12 departments) met and helped pass a statute to govern mutual aid situations when there is an 13 emergency declared by mayor or governor and no written agreements exist. The statute, Minn. 14 Stat. § 12.331, provides a framework for how worker’s compensation, liability, property claims, 15 insurance, and charges between the departments will be handled in mutual aid situations. 16 The League of Minnesota Cities Insurance Trust (LMCIT) developed a model mutual aid 17 agreement that contains the same basic structure for liability as the statute. Many cities have 18 entered into area-wide mutual aid agreements that are similar to the LMCIT model agreement. To 19 provide uniformity, there should be a statute that is similar to Minn. Stat. § 12.331, to govern daily 20 fire mutual aid situations that do not rise to the level of emergencies. 21 Response: The Legislature should pass a statute to provide uniform provisions when fire 22 departments assist each other. These provisions should include statutory definitions and 23 clarifications for: 24 a) Who is in command of the mutual aid scene. 25 b) Who will cover the firefighters for worker's compensation. 26 19 c) How liability and property claims will be handled. 1 d) Who will pay for expendable supplies such as foam. 2 e) When fire departments will charge each other for these services. 3 f) The ability for fire departments to opt out by having a separate written agreement. 4 SD-13. Clarification of Joint Powers Relationships with Federally Recognized 5 Indian Tribes 6 Issue: During the 2010 legislative session, Minn. Stat. § 471.59 was modified to allow federally 7 recognized Indian tribes to participate in joint powers agreements with other governmental entities, 8 including Minnesota cities. Indian tribes are extremely unique legal entities under federal law and 9 international treaties. The new law was a broad brush authorization that did not address important 10 issues that uniquely arise when dealing with Indian tribes related to sovereignty, insurance liability 11 and liability limits (commonly called “tort caps”). Previous laws, such as Minn. Stat. § 626.93 12 (authorizing tribes to act as law enforcement entities) explicitly addressed these concerns. Since 13 the new law passed, interest has been expressed by public safety groups and individual cities in 14 entering into joint powers agreements with federally recognized Indian tribes. However, 15 legislative guidance is needed to address concerns related to sovereignty, insurance and liability 16 limits for these agreements. 17 Response: Include in Minn. Stat. § 471.59 (the joint powers statute) language substantially 18 similar to Minn. Stat. § 626.93 that clarifies that Indian tribes entering into joint powers 19 relationships agree to: 20 a) Be subject to liability for its torts and those of its officers, employees, and agents acting 21 within the scope of their employment or duties arising out of the joint powers agreement 22 to the same extent as a municipality under Minn. Stat. ch. 466; and 23 b) Notwithstanding Minn. Stat. § 16C.05, subd. 7, waive its sovereign immunity with respect 24 to claims arising from liability under the joint powers. 25 20 SD-14. Ambulance Service Costs and Liability 1 Issue: The cost of providing ambulance care has increased steadily over the last several years due 2 in part to changes in Medicare and Medicaid reimbursement. The federal Balanced Budget Act 3 (BBA) of 1997 made two significant changes to ambulance billing. First, the act mandated that all 4 ambulance services accept Medicare and Medicaid assignments as payment in full; that is, 5 ambulance services cannot bill the Medicare or Medicaid patient for any unpaid balance beyond 6 the Medicare or Medicaid assignment. Second, the act mandated a uniform fee schedule that was 7 implemented in April 2002. The new fee schedule significantly reduced reimbursement levels for 8 many ambulance services. In addition, in most cases Medicare does not pay for costs related to 9 treatment of patients that are not transported. The BBA mandates are impacting the ability of some 10 Minnesota ambulance service providers to adequately fund their operations. 11 The loss of revenue due to Medicare and Medicaid reimbursement changes, coupled with higher 12 insurance rates, is affecting the ability of many ambulance service providers to deliver emergency 13 care, particularly in rural Minnesota. All ambulance services and personnel are regulated by Minn. 14 Stat. ch. 144E and must comply with the same licensing, training, and equipment-related 15 requirements, regardless of ownership. 16 In addition, the liability exposure of medical directors associated with ambulance service is a 17 concern. While medical directors of government-based ambulance services may arguably be 18 covered by public official immunity, the law is unclear and should be clarified. 19 Response: The League of Minnesota Cities supports federal legislation that would: 20 a) Require Medicare to set ambulance payment rates to cover the cost of providing service 21 for both transport and non-transport care of patients; 22 b) Require adequate reimbursement for ambulance providers; 23 c) Require Medicare to reimburse for 911 ambulance transports regardless of medical 24 necessity; 25 21 d) Make it easier for providers to file claims with Medicare by eliminating a processing 1 system that often leads to the rejection of legitimate reimbursement claims. 2 If the federal government does not increase Medicare and Medicaid rates in the immediate 3 future to fully reimburse providers for the cost of treating and transporting patients, the 4 state should provide defined additional funding to offset the gap 5 The League also urges the Legislature to extend the protection of the state and municipal 6 Tort Claims Act to licensed third parties that contract with a municipality to provide 7 ambulance services. The League also supports extending the applicability of public official 8 immunity to medical directors in the course of ambulance service activities. 9 SD-15. Emergency Medical Services 10 Issue: The Emergency Medical Services Regulatory Board (EMSRB) is the State of Minnesota’s 11 regulatory entity that oversees and issues ambulance licenses. The EMSRB has the authority to 12 designate exclusive emergency medical services (EMS) operating areas, or primary service areas 13 (PSAs), for ambulance providers. Once a provider has been approved to operate in a PSA, the 14 provider is authorized to serve that PSA for an indefinite period of time. Currently, no other health 15 licensing board in Minnesota grants a provider an exclusive operating area. 16 Historically, health licensing boards have played a critical role in setting professional standards 17 and establishing credentialing processes. However, the EMSRB has not imposed operational 18 standards to ensure an area has adequate coverage and service level such as response time 19 requirements on EMS providers. Furthermore, there is currently no oversight of ambulance billing 20 rates. The current system does not require ambulance services to disclose the number of 21 ambulances staffed, where an ambulance is responding from or any other important data points 22 that would ensure a community is receiving quality ambulance services. The lack of transparency 23 within Minnesota’s ambulance industry compromises accountability by EMS providers. 24 Response: The League of Minnesota Cities supports: 25 22 a) Allowing local units of government to designate which licensed ambulance service 1 provider or providers may serve their communities and to determine the appropriate 2 level of service; 3 b) Providing local units of government with tools and authority to ensure transparency by 4 EMS providers; 5 c) Uncoupling the professional standards overview role of the EMSRB from the service area 6 determination; 7 d) Requiring the membership of the EMSRB to be regionally balanced between Greater 8 Minnesota and the metropolitan area; 9 e) Modifying the membership of the EMSRB to include representatives of municipal 10 ambulance services; 11 f) Legislative consideration of setting term limits for EMSRB members; 12 g) Continued authority for the EMSRB to set professional standards; and 13 h) Requiring the EMSRB to submit biennial reports on EMS service delivery data points for 14 each local unit of government to appropriate legislative committees. 15 SD-16. Fees for Service 16 Issue: While general services—such as permitting, inspections or enforcement—are typically 17 funded out of a city’s general fund, cities often impose fees to cover the cost of providing certain 18 services, permits, and licenses. 19 The Legislature and interest groups often seek to mandate or preserve fee limitations for city 20 services. Over the last several years, the Legislature has enacted a number of new laws designed to 21 rigorously control local fee-setting authority. Examples of such mandates include placing limits on 22 coin-operated amusement machine license fees, on-sale and off-sale liquor license fees, license 23 fees for retailers selling fireworks, deputy registrar fees and planning and zoning fees. The state 24 23 also requires cities that collect more than $5,000 in development-related fees each year to annually 1 report all construction and development fees to the Department of Labor and Industry. 2 Response: While the state has a role in providing a general, statewide funding policy, the 3 state should not interfere in the decision-making functions performed by cities when setting 4 city budgets to provide city services. The League of Minnesota Cities seeks authority for 5 cities to charge fees that are reasonably related to the cost of providing the service, permit or 6 license. The League opposes legislation that would require specific methods to pay for city 7 services or would place caps on city fees. 8 SD-17. Fundraising Authority 9 Issue: Recent years have seen an increase in cities looking to find ways to accept donations for 10 specific projects that community members, non-profit organizations, or businesses have interest in. 11 Though there is authority for cities to accept gifts under Minn. Stat. § 465.04, an opinion from the 12 Office of the State Auditor has stated that cities lack the authority to fundraise. 13 There are specific situations in which city personnel can solicit contributions. Under Minn. Stat. § 14 465.90, firefighters are authorized to solicit charitable contributions from motorists for a charitable 15 organization. Under Minn. Stat. § 471.198, a city may authorize officials and staff to solicit 16 contributions for the purposes of funding National Night Out or any event or purpose that the 17 governing body determines will foster positive relationships between law enforcement and the 18 community. 19 Many cities desire the ability to fundraise for equipment for firefighter and EMS services, libraries, 20 or special projects such as parks and trails. Authorizing cities to more broadly solicit and accept 21 charitable donations for projects in which there is broad community support would allow the 22 funding for desired projects without requiring an increase in property taxes or seeking a local 23 option sales tax. 24 Response: The League of Minnesota Cities supports amending Minn. Stat. § 471 to authorize 25 cities to solicit charitable donations for the purpose of projects that have generated 26 24 community interest such as parks, trails, and community centers or resources needed for city 1 services. 2 SD-18. Improving and Increasing Citizen Access to Information 3 Issue: State law requires that cities publish certain types of information in a “qualified” newspaper 4 designated by the city. While the requirements vary based on city population size, most cities must 5 publish ordinances before they can take effect; advertisements for bids; various financial reports; 6 meeting and hearing notices; notices of elections; dates for filing affidavits of candidacy; and 7 sample ballots. Collectively, these items are referred to as “official notices,” legal notices” and 8 “public notices” in state statute. 9 There are several requirements (Minn. Stat. § 331A.02) for a newspaper to be a “qualified” or 10 “official” newspaper for the city. For instance, there can only be one newspaper chosen for the 11 city; it must be printed in English in a newspaper format; if it is a daily newspaper, it must be 12 distributed at least five days each week; if not a daily paper, it may be distributed twice a month 13 with respect to the publishing of government public notices; it must be circulated in the city which 14 it purports to serve, and either have at least 400 copies regularly delivered to paying subscribers or 15 have at least 400 copies distributed without charge to local residents. For cities under 1,300 16 population, the delivery and distribution threshold is 250 copies. 17 As the newspaper industry has been challenged by alternative technologies, a growing number of 18 cities are unable to find a newspaper that meets the qualifications in state statute. In addition, as 19 technology has evolved, citizens have become more accustomed to the instantaneous availability 20 of online information. Because cities are committed to providing information to citizens and 21 responding to this demand, they have invested heavily in their websites and in growing a robust 22 online presence. They survey citizens about what method of communication is preferred and based 23 on this, cities update, reform, evolve, and advance communication tools and often, they do so with 24 limited means and resources to ensure citizens have access to information about their city. 25 Because of the publishing mandate outlined in state statute, cities continue to publish in 26 newspapers with limited resources while simultaneously providing information to citizens in the 27 format they actually demand online. These requirements originated in 1949 and to ensure the 28 25 original intent of the law – providing citizens access to their local government – it is time to 1 eliminate these outdated requirements and make communicating with citizens more efficient. 2 Response: The Legislature should eliminate outdated and unnecessary publication 3 requirements that are no longer relevant or representative of the technology we now have 4 that has significantly increased access to government. Cities should have the authority to: 5 a) Determine whether web publication should replace or supplement newspaper publication 6 based on the unique needs of each community. 7 b) Designate an appropriate publication that reaches the maximum number of citizens 8 possible. 9 c) Use alternative means of communication to fulfill statutory requirements such as city 10 newsletters, cable television, video streaming, e-mail, blogs and city websites. 11 d) Expand the use of summaries where information is technical or lengthy. 12 e) Publish and provide public access to local codes of ordinances on a website accessible to 13 the public and to post revisions and changes to city codes, resolutions, and rules on the 14 city website, when feasible. 15 SD-19. Administrative Fines for Code Violations 16 Issue: Many statutory and home rule charter cities have implemented administrative enforcement 17 programs for violations of local regulatory ordinances such as building codes, zoning codes, health 18 codes, and public nuisance ordinances. This use of administrative proceedings has kept 19 enforcement at the local level and reduced pressure on over-burdened district court systems. Cities 20 using administrative enforcement processes experience a lower cost of enforcement and a quicker 21 resolution to code violations. 22 Minnesota statutes expressly provide the authority for all cities to utilize administrative 23 enforcement of local codes and enforcement of liquor license and tobacco license violations. 24 26 In 2009, the Legislature amended Minn. Stat. ch. 169, the chapter of law pertaining to state traffic 1 regulations, to allow cities and counties to issue administrative citations for certain minor traffic 2 offenses. Since the passage of the 2009 administrative traffic citations law, some people have 3 questioned whether administrative citations for non-traffic, liquor, and tobacco license code 4 violations can be legally issued by statutory cities given that state law does not expressly provide 5 authority on other code matters. 6 Response: The League of Minnesota Cities continues to support the use of city administrative 7 fines for local regulatory ordinances, such as building codes, zoning codes, health codes, 8 public nuisance ordinances, and regulatory matters that are not duplicative of misdemeanor 9 or higher-level state traffic and criminal offenses. The Legislature should clarify that both 10 statutory and home rules charter cities have the authority to issue administrative citations 11 for code violations. Further, state statute should allow statutory and home rule charter cities 12 to adjudicate administrative citations and to assess a lien on properties for unpaid 13 administrative fines. 14 SD-20. Contracting and Purchasing 15 Issue: Minnesota statutes stipulate contracting and purchasing requirements for Minnesota cities. 16 The law prescribes the process political subdivisions must use to make purchases and award 17 contracts, and requires a competitive sealed bid procedure for contracts or purchases over 18 $175,000. The intent of these statutory requirements is to provide taxpayers with the best value for 19 their dollar and ensure integrity in the process. However, imposing these statutory requirements 20 may, at times, result in political subdivisions paying more for goods and services than private 21 entities under the same circumstances. 22 The Legislature recognized the benefits associated with alternative purchasing methods when it 23 amended municipal contracting law in 2004 to authorize the use of reverse auctions to purchase 24 supplies, materials, and equipment. Similarly, other contracting procedures, including “design-25 build” and direct negotiation are proven alternatives to the formal bidding process. Authorizing 26 broader use of these types of alternatives as the Legislature did in 2009 by authorizing a design-27 build pilot program, would enhance the ability of cities to make appropriate and fiscally 28 responsible purchasing decisions. 29 27 Response: The League of Minnesota Cities supports broader use of alternative contracting 1 and purchasing methods that streamline the process and reduce local purchasing costs. 2 Specifically, the League supports authorizing cities to use the design-build procedure and 3 providing municipalities with broader authority, similar to that of private businesses, to 4 directly negotiate contracts. The Legislature should establish a task force to review 5 municipal contracting laws, and consider contracting and purchasing reforms that give cities 6 the flexibility to provide quality goods and services at the lowest cost to taxpayers. 7 SD-21. City Enterprise Operations 8 Issue: Historically, city enterprise operations have been created in response to community needs, 9 lack of a private market, financial reporting requirements, state and federal mandates, to enforce 10 state and local law, and to ensure a quality of life for the residents of a community. Establishing an 11 enterprise operation allows a city to provide a desired service while maintaining financial control 12 over service levels, costs, and public inputs. 13 In some cases, enterprise operations produce general public benefits and may require public 14 support to ensure a desired level of service at a reasonable cost. The benefits of an enterprise 15 operation, therefore, should be evaluated not solely in terms of profitability but also on the service 16 benefits to citizens of the community. 17 Response: The League of Minnesota Cities supports the local decisions made by cities to 18 deliver services by establishing a city enterprise operation. The state should refrain from 19 infringing on the ability of a city to provide services for its community. 20 SD-22. Preservation of Order in City Council Meetings 21 Issue: The Minnesota Supreme Court recently held a provision in Minn. Stat. § 609.72, subd. 1(2), 22 that prohibits disturbing public meetings was unconstitutionally broad. State v. Hensel, A15-0005 23 (Minn. 2017). Minn. Stat. § 412.191 gives statutory authority to city councils to preserve order and 24 regulate procedure at their meetings. Cities rarely relied on the struck-down statute, but instead 25 used other avenues to maintain order, such as issuing warnings and enforcing decorum rules. The 26 struck-down statute served as a last resort when other options did not work. 27 28 Response: The Legislature should ensure statutes adequately balance public participation 1 with the ability to effectively manage public meetings and protect public safety. 2 SD-23. Constitutional Amendments 3 Issue: The Minnesota Constitution requires that a constitutional amendment be approved by a 4 simple majority of both chambers of the Legislature at one session, and must then be ratified by a 5 majority of all the voters voting at the election. Minnesota is one of 18 states that require a simple 6 majority vote by legislators while 26 states require a higher threshold (17 states require a two-7 thirds majority and nine require a three-fifths majority). Since statehood, 215 proposed 8 constitutional amendments have been voted on by the electorate; 120 of them have been approved 9 (56%) and 95 rejected (44%). 10 Cities provide a variety of critical and essential services to residents of Minnesota. Many public 11 policy decisions at the state level impact cities and therefore, city officials depend on their state 12 legislators to represent city interests at the Legislature. 13 Additionally, unlike a statutory change, a constitutional amendment is difficult to modify or repeal 14 once enacted. 15 Response: The League of Minnesota Cities strongly supports our representational system of 16 government and opposes laws and amendments that restrict local government. The 17 Legislature is the appropriate governing body to consider and enact laws that reflect 18 statewide interests. Utilizing constitutional amendments to change public policy circumvents 19 this process. 20 Therefore, the League supports requiring a supermajority vote (two-thirds in support) by 21 the Legislature to put an amendment on the ballot. 22 SD-24. Initiative and Referendum 23 Issue: The Legislature has frequently considered legislation to establish initiative and referendum 24 by proposing to place a question for voter approval on the state general election ballot to amend 25 29 the state constitution to allow voters to initiate or repeal state laws by submitting a petition which 1 would cause such questions to be placed on the state general election ballot. 2 Response: Cities strongly support our representational system of governance and, therefore, 3 oppose amending the state constitution to provide for initiative and referendum. The 4 Legislature is the appropriate governing body to consider and enact public policy that 5 reflects statewide interests. 6 The process of adopting state law based on good public policy is best upheld and supported 7 by increasing the accountability and responsiveness of the legislative process, not by 8 circumventing it. Presenting complex issues to voters in the guise of direct democracy further 9 weakens representative government. 10 A state constitutional amendment to provide for initiative and referendum subjects cities and 11 their residents and taxpayers to the unintended outcomes of sometimes unwise attempts to 12 place significant public policy decisions into the hands of special interests that can raise 13 unlimited funds for the purpose of promoting their more narrow interests. 14 SD-25. Civil Liability of Local Governments 15 Issue: One of the barriers to the delivery of governmental services and programs is the exposure of 16 local governments and their officials to civil damage claims. The state has acted to protect itself 17 and its local governments by enacting exceptions and limitations to liability suits, and authorizing 18 self-insurance and other mechanisms to deal with claims allowed by law. 19 Response: The League of Minnesota Cities supports: 20 a) Creating an exception to municipal tort indemnification law, Minn. Stat. § 466.07, where 21 an employee is defended and indemnified for claims under a contract of insurance 22 carried by the employee. 23 b) Extending the protection of the state and municipal Tort Claims Act to quasi-24 governmental entities when performing public services such as firefighting or licensed 25 30 third-party ambulance providers that contract with a municipality to provide ambulance 1 services. 2 c) Existing constitutional safeguards for protecting public and private property interests 3 without any statutory expansion of property rights. 4 d) Clarifying and maintaining the applicability of municipal immunity in various areas, 5 including, but not limited to, vicarious official immunity and park and recreational 6 immunity, including the extension to entities providing a public service that have not 7 traditionally been included within the immunity (e.g., state trails over municipal utility 8 easements). 9 e) Preserving changes to Minnesota’s joint and several liability laws that require a 10 municipality to be at least 50 percent at fault to be held responsible for 100 percent of a 11 damage award. 12 f) Reasonable limits on the amount and circumstances in which statutory attorney fees may 13 be awarded in order to encourage settlement by all parties and decrease the likelihood of 14 litigation. 15 g) Preserving the essential structure of the local government tort liability caps in Minn. Stat. 16 § 466.04. 17 SD-26. Private Property Rights and Takings 18 Issue: In the wake of the U.S. Supreme Court’s 2005 decision, Kelo v. City of New London, 545 19 U.S. 469, which upheld the ability of local governments to use eminent domain for economic 20 development purposes, the Legislature enacted significant restrictions on cities’ use of eminent 21 domain for economic development and redevelopment, and imposed new compensation and 22 procedural requirements that apply to all condemnation actions, including those for traditional 23 public uses such as roads, parks, and schools. Legislation to control cities’ abilities to perform 24 regulatory acts—such as road rights-of-way condemnation, shooting range zoning, and 25 amortization—has also received strong support from legislators. In addition, some legislators 26 would like to authorize businesses to seek inverse condemnation when a governmental entity 27 31 enters the business market and provides competing goods or services or limits the number of 1 businesses that can operate privately or receive public contracts. 2 Such legislative initiatives threaten a wide array of planning, environmental, historic preservation, 3 and land conservation measures and undermine the fundamental responsibility of cities to protect 4 the public health, safety, and welfare of its citizens. 5 In 2006, the Legislature enacted Minn. Stat. § 117.031, a statute related to attorney fees in the 6 eminent domain process. The structure of the statute has resulted in attorney fee awards in eminent 7 domain actions that have no relationship to the outcome of the case, serve only to encourage 8 litigation, and shift limited public funding away from infrastructure projects. 9 Response: State law must continue to provide cities with the tools needed to balance the 10 rights of private property owners with the interests of the public. The League of Minnesota 11 Cities opposes legislation that diminishes the ability of cities to act in the best interest of the 12 health, safety, and welfare of its citizens; that increases the cost of doing business for the 13 public good; or that creates the possibility of additional lawsuits against cities. 14 Specifically, the League opposes legislation that: 15 a) Allows businesses to seek inverse condemnation when a city provides competing goods or 16 services, or limits the number of private operators. 17 b) Creates an automatic cause of action for damages any time a local regulatory action 18 impacts the use or reduces the value of private property. 19 The League supports legislation that: 20 a) Authorizes cities to use eminent domain for economic development and redevelopment 21 projects that advance a greater public good that benefits the community. 22 b) Empowers local elected officials to determine whether a particular taking of property 23 serves a public purpose. 24 32 c) Creates incentives to encourage landowners to voluntarily sell their property to the 1 public for development or redevelopment. 2 d) More appropriately balances awards of attorney fees and costs of litigation with the 3 outcome of the eminent domain proceeding. 4 SD-27. Organized Solid Waste Collection 5 Issue: “Organized collection” refers to a situation where a local unit of government, for any of a 6 variety of reasons, decides that there is a public interest served by limiting the number of solid 7 waste and recycling collection services available in the area. The reasons for implementing 8 organized collection can vary, but include: 9 a) Public safety concerns caused by the number and frequency of large trucks moving quickly 10 through residential neighborhoods; 11 b) Reducing wear on public infrastructure from heavy truck traffic; 12 c) Improving the efficiency, cost and quality of garbage and recycling service provided to local 13 residents; 14 d) Cooperating with other local governments to best meet solid waste management and recycling 15 objectives; 16 e) Taking local steps to reduce energy impacts of public services; and 17 f) Meeting the requirements of county ordinances and solid waste management plans as required 18 under Minn. Stat. § 115.94. 19 20 Organized collection is also encouraged in state solid waste policies as a means of improving the 21 efficiency and coordination of solid waste management between local units of government. There 22 are very specific and burdensome public procedures laid out in statute defining how such a 23 decision must be publicly vetted and approved and over what time period that can occur. 24 33 Despite all of these important and valid reasons for using organized collection, legislation has been 1 discussed in several recent sessions that would allow special takings claims or contractual damages 2 to be claimed by the solid waste industry if local governments make decisions that limit the 3 number of companies that can collect garbage in a community in a manner that prevents a 4 company currently operating in the community from continuing to do so through the 5 implementation of organized collection. The unspecified and ongoing liability this change would 6 create would have the effect of eliminating organized collection as a waste management option. 7 This change would also create a virtual monopoly situation for any company awarded a solid 8 waste contract under organized collection. The local unit of government would have to “buy out” a 9 contractor in the future to change providers, even if their services were no longer the lowest bid. It 10 also creates an incentive for bidders under organized collection to submit high bids, as they would 11 be eligible for damages if they fail to win without having to provide service. Furthermore, this is a 12 precedent that, if applied to other government purchasing and service contracting decisions, would 13 clearly run counter to the public purpose of government providing services at the lowest feasible 14 cost to taxpayers. 15 Response: The League of Minnesota Cities opposes efforts to apply inverse condemnation 16 claims to city solid waste contracting decisions or to allow automatic contractual damage 17 claims for solid waste haulers that lose competitive bids in organized collection communities. 18 Further, the League supports the current state policy that organized collection is a valuable 19 tool as part of a comprehensive solid waste and recycling management program and 20 recognizes the need to protect and preserve the authority of cities to adopt solid waste service 21 contracts that protect public safety, the environment and public infrastructure. 22 SD-28. Private Well Drilling 23 Issue: The state has continued to place requirements on public water supply providers to add 24 drinking water treatment and testing, to restrict the volume of water used, and to increase the cost 25 of water use through fees and requirements on utility rate structures. As a result, many water users 26 are choosing to obtain all or portions of their water from wells they place on their own property. 27 This creates risks to public health and safety, can affect the surrounding environment, can affect 28 34 city water supplies, and can leave city water utilities with massive losses of customer load and rate 1 revenue. 2 Providing clean, safe, cost-efficient drinking water to citizens is an essential service provided by 3 726 active municipal water systems. The Minnesota Department of Health (MDH) agrees that 4 cities have the statutory authority to determine whether private wells are an appropriate use within 5 their boundaries and that cities must protect the public water supplies from numerous private wells 6 in city boundaries. Private wells in a city increase the risk of contaminating public water supplies 7 and encourage over use of water. Cities have the authority to regulate and even prohibit private 8 wells by local ordinance. 9 Response: The League of Minnesota Cities supports current law that authorizes cities to 10 protect public health and safety through local controls regulating or prohibiting private 11 wells being placed within municipal water utility service boundaries and would oppose any 12 changes to law to remove that authority. 13 SD-29. Sustainable Development* 14 Issue: Minnesota cities spend significant time and resources planning for growth, development, 15 and redevelopment that will best serve the future needs of their residents. Numerous factors are 16 considered as part of that process, but an area of increasing interest involves concepts often 17 categorized as “sustainable development.” Minn. Stat. § 4A.07, subd. 1(b), defines this term, as it 18 pertains to local government, to mean “development that maintains or enhances economic 19 opportunity and community well-being while protecting and restoring the natural environment 20 upon which people and economies depend. Sustainable development meets the needs of the 21 present without compromising the ability of future generations to meet their own needs.” 22 Cities play a key role in fostering sustainable development and other conservation practices due to 23 their role in land use planning and zoning, stormwater and wastewater management, and local 24 economic development. Local governments can take a lead on these issues by choosing to 25 incorporate aspects of sustainable development into their local operations and facilities. They can 26 also develop local policies and regulations that support and guide individual and private 27 35 sustainability efforts. The ability of a city to affect these changes can, however, be restricted by 1 policies and requirements imposed by other levels of government. 2 Sustainable development initiatives can cover a wide range of issues, but share the benefit of 3 lessening the future environmental impacts of communities on the land, air, and water in their area. 4 Lakes, streams, rivers, wetlands, wildlife habitat, shoreland areas, and other natural resources can 5 be protected and enhanced in quality through local efforts. Energy efficiency and renewable 6 energy production reduce the energy demands of a community and the environmental impacts of 7 energy production. By more efficiently using public infrastructure and minimizing resource 8 consumption, the costs to individuals, business, and government can be reduced. New and 9 expanded business and job opportunities are also generated by the “green” products and services 10 needed to implement sustainable development initiatives. The ideal result of well-planned 11 sustainability, natural resources management, and conservation efforts is a city that is more 12 efficient in the use of its resources and infrastructure, creates fewer environmental problems for 13 future generations to address, and is a more desirable home for residents and businesses. 14 Response: The League of Minnesota Cities supports federal, state, and regional efforts to 15 promote sustainable development where the effectiveness of the proposed practice is 16 supported by sound science, and as long as those efforts do not supersede the authority of 17 local governments to determine their own policies regarding land use and related issues. 18 Providing technical assistance and financial incentives, and streamlining regulations to 19 encourage local governments and private property owners to engage in sustainable 20 development practices, as well as assisting in and providing education and information 21 efforts for to the building industry and the public, are the best means to generate successful 22 results. These programs should focus on outcomes, allowing flexibility in how to best meet 23 those outcomes in different locations and situations. The League opposes mandates that limit 24 the authority of cities to determine what practices will best meet the needs of their 25 communities. 26 The League supports sustainable development efforts that meet the above criteria, including 27 programs proposed in the following areas: 28 36 a) Shifting public resources, services, investments, purchasing power, and procurement 1 toward more economically and environmentally sustainable outcomes where those 2 solutions are cost effective and appropriate. 3 b) Using local land-use planning and zoning to protect and enhance limited natural 4 resources, and reduce the impacts of growth and development on local infrastructure. 5 c) Promoting efficient and renewable energy sources. 6 d) Encouraging sustainable building design, construction, and operation strategies focused 7 on integrated design, energy efficiency, water conservation, stormwater management, 8 waste reduction, pollution prevention, indoor environmental quality, and the use of low-9 impact building materials and products. 10 e) Supporting sustainable economic development, such as brownfield clean-up, on-site 11 stormwater management, and sustainable business practices and technologies. 12 f) Assisting and recognizing local governments that take actions to reduce greenhouse gas 13 emissions and increase energy efficiency by providing and identifying technical 14 assistance, financial assistance, and best practices. 15 SD-30. Advanced Energy Building Standards* 16 Issue: The State of Minnesota has made a strong statutory commitment to the reduction of carbon 17 emissions and greenhouse gases. As part of that effort, projects funded by the state must meet a set 18 of energy requirements called Sustainable Building 2030, or SB 2030. However, to meet state 19 energy efficiency goals, improvements in energy performance of buildings not financed by the 20 state will also be needed. 21 The State Building Code sets the standards that must be met in new or substantially retrofitted 22 structures and prohibits local requirements that differ from that code. The current state schedule 23 for the amendment and adoption of more stringent building and energy codes is not adequate to 24 result in the state meeting those goals. 25 37 Cities working on improving the energy performance of development within their communities 1 have identified a clear opportunity to establish cost-effective energy-efficiency performance 2 standards for new and substantially reconstructed commercial, industrial, and institutional 3 buildings that can significantly reduce carbon dioxide emissions by lowering energy use in those 4 structures. 5 Two solutions have been proposed. One, referred to as an advanced energy building standard, 6 creates an optional tier of additional energy efficiency requirements for buildings in those 7 categories if they exceed a designated square footage. Such an addendum would be state-8 developed and cities could choose whether to apply it in their jurisdictions based on community 9 priorities, opportunity, and readiness. An advanced energy building standard would allow 10 municipalities to require more energy efficient buildings, reducing the energy burden for building 11 occupants and lowering overall greenhouse gas emissions. 12 A second would have the state adopt a universal advanced energy building standard within the 13 State Building Code. In either solution, having a uniform set of standards prevents confusion by 14 developers, designers, planners, and regulators, with people only needing to know if the 15 jurisdiction uses the requirements outlined in existing State Building Code or has adopted the 16 added energy section. 17 Discussions with developers, architects, engineers, city staff, energy efficiency experts, utility 18 interests, labor, state agencies, academia, and other stakeholders have examined approaches the 19 state could use to create and allow an advanced energy building standard. While several different 20 versions could work, it is clear that Minnesota needs to change its approach in order to meet state 21 energy efficiency goals. 22 Response: The legislature should require the Department of Labor and Industry to either 23 establish an advanced energy building standard beyond the base statewide commercial code 24 for the construction, reconstruction, and alteration of public and private commercial and 25 multifamily residential buildings that exceed a certain square footage as an appendix of the 26 State Building Code, or should adopt the advanced energy standard as part of the State 27 Building Code. 28 38 These standards should conform to timelines and performance measures that result in net 1 zero carbon emissions by 2036 or sooner and should be updated every three to five years. If it 2 is an appendix, cities should be provided the authority to adopt the advanced energy 3 standard by ordinance at their discretion, making it an official addendum to the baseline 4 energy code in any jurisdiction adopting them. 5 The League recognizes the benefits of a consistent state code and supports a requirement 6 that a local jurisdiction adopting the standards in the appendix may not amend them but 7 may specify the minimum size structure to which they apply, as long as it is 10,000 or more 8 square feet. 9 SD-31. Construction Codes* 10 Issue: The State Building Code (SBC) is the statewide standard for the construction, 11 reconstruction, alteration, and repair of the buildings and other structures of the type governed by 12 the code. A building code provides many benefits, including uniformity of construction standards 13 in the building industry, consistency in code interpretation and enforcement, and life-safety 14 guidance. Since 2018, the state will adopt a new version of the SBC every six years after a 15 rulemaking process that allows for significant public input. The League supports adopting and 16 amending the SBC through the rulemaking process, and opposes legislative changes to the 17 building codes absent unusual or extraordinary circumstances. 18 While all cities must enforce certain codes—such as the accessibility code and the bleacher safety 19 code—enforcement of the SBC remains a local option for cities outside of the seven-county 20 metropolitan area with fewer than 2,500 people that did not adopt the code before Jan. 1, 2008. 21 Requiring enforcement of the SBC by smaller cities in Greater Minnesota is cost-prohibitive for 22 many cities, and would result in an unfunded mandated. 23 While a single set of coordinated codes helps provide consistency in code administration and 24 enforcement, implementation of sustainable building design, construction, and operation does not 25 readily integrate with the existing state building and energy code system. As a result, many cities 26 are interested in adopting an advanced energy building standard beyond the base statewide 27 commercial code for the construction, reconstruction, and alteration of public and private 28 39 commercial buildings. An advanced energy building standard would allow municipalities to 1 require more energy efficient buildings, reducing the energy burden for building occupants and 2 lowering overall greenhouse gas emissions. 3 Response: A statewide-enforced building code may have benefits, but requiring it would 4 result in an unfunded mandate. 5 Enforcing the State Building Code should remain a local option for the municipalities that 6 have not already adopted the Code, unless the state fully funds the costs of enforcement and 7 inspection services necessary to enforce a statewide building code. If the Legislature requires 8 all cities to enforce the State Building Code, local governments must have the option to hire 9 or select a building official of their choice and set the appropriate level of service—even if the 10 state fully funds code enforcement activities. 11 The state should collaborate with local governments, construction industry representatives, 12 and other stakeholders to review the building and energy codes and consider modifications 13 to encourage sustainable building design, construction, and operation. 14 Specifically: 15 a) For purposes of federal conformity, the state should adopt the International Energy 16 Conservation Code as part of the State Building Code. 17 b) The Legislature should authorize cities to voluntarily adopt a uniform advanced energy 18 building standard with stronger local standards for development and conservation that 19 will help inform the baseline state code development process. 20 SD-32. Building Officials 21 Issue: There is a shortage of certified building officials in Minnesota. This shortage is particularly 22 acute in Greater Minnesota where some cities have trouble finding certified building officials to 23 perform inspections required by state law. Minnesota needs to hire a new generation of certified 24 building officials and must ensure that current officials have adequate training and opportunity to 25 inspect a wide range of projects. In light of emerging technologies and offsite building methods 26 40 such as panelization and modular construction, it is important that certified building officials have 1 training opportunities that address inspection processes for new trends in homebuilding. 2 The Department of Labor and Industry (DLI) has authority over state-licensed facilities and public 3 buildings. Pursuant to Minn. Stat. § 326B.106, subd. 2, it must delegate authority to inspect 4 projects on these buildings to a municipality if DLI determines that the municipality has adequate 5 qualified local building officials to perform plan review or inspection of the projects. In 2014 the 6 Legislature passed legislation requested by the League of Minnesota Cities and agreed to by DLI 7 to provide more transparency and clarity to the delegation process. DLI, after consulting local 8 governments and the League, implemented a new delegation procedure as required by statute. 9 Although the new delegation process is a significant improvement, it can still be difficult for local 10 building officials to achieve the experience necessary to be delegated full inspection authority. 11 Response: Minnesota’s housing and construction industries depend on the work of local 12 building officials, and cities that enforce the State Building Code endeavor to provide quality 13 code administration and enforcement. The State must increase its efforts to train new 14 building officials and must provide sufficient education to help local officials efficiently 15 administer and enforce construction regulations to protect the health and safety of citizens. 16 These education efforts should include training to assist local building officials gain the 17 requisite experience to qualify for delegation of state-licensed facilities and public buildings. 18 The Legislature should encourage the Minnesota Department of Labor and Industry to 19 provide training opportunities to ensure certified building officials across the state have the 20 skills and expertise to provide onsite inspections of buildings constructed by new building 21 methods such as panelization and modular construction. 22 The League urges the state to make surplus revenue from the building permit surcharge 23 available to local governments to help defray the cost of complying with code official training 24 and education requirements. 25 SD-33. Disability Access Requirements 26 Issue: Title II of the Americans with Disabilities Act (ADA) of 1990 requires that state and local 27 governments provide people with disabilities equal opportunity to benefit from all of their 28 41 programs, services, and activities. Public entities are not required to take actions that would result 1 in significant financial and administrative burdens, but they must modify policies, practices, and 2 procedures to avoid discrimination unless they can demonstrate that doing so would fundamentally 3 alter the nature of the service, program, or activity being provided. 4 State and local governments are also required to follow specific standards when constructing new 5 facilities and altering existing public buildings, and they must relocate programs or otherwise 6 provide access in inaccessible older buildings. Under the ADA, public entities are not necessarily 7 required to make each existing facility accessible. However, their programs—when viewed in their 8 entirety—must be readily accessible to people with disabilities. A public entity may achieve 9 program accessibility through various methods. For example, a city may alter existing facilities, 10 acquire or construct new facilities, relocate a service or program to an accessible facility, or 11 provide services at other accessible sites. 12 One district court judge has taken an expansive view of disability access requirements for public 13 recreation facilities. The case involved a parent who sued a city due to difficulty viewing soccer 14 and baseball games on certain city fields. The court, in interpreting the Minnesota Human Rights 15 Act (MHRA), held that any public facility is a public service. Since the MHRA requires that every 16 public service be accessible to disabled persons, the court concluded that each and every playing 17 field and other public facility must be fully accessible. The court rejected the ADA’s limitations on 18 modifications for physical access to older facilities, as well as the ADA’s “when viewed in its 19 entirety” language for program access. The result is a more restrictive state standard for physical 20 access to public facilities than required by the ADA and the State Building Code. 21 Response: The League of Minnesota Cities supports changes to the MHRA that will make 22 state accessibility standards compatible with the federal ADA for public services and 23 facilities. The Legislature should clarify that a facility that is in compliance with Accessibility 24 Code provisions of the State Building Code meets the physical access requirements of the 25 MHRA. State law should also specify that accessibility requirements apply to public 26 programs and services as a whole, rather than to each individual aspect of a public program 27 or service. 28 42 SD-34. Assaults on Code Enforcement Officials 1 Issue: Many city employees and contractors are required to enforce city codes and ordinances and 2 state statutes and rules as part of their job duties. Code enforcement can involve denying a building 3 permit, ordering a landlord to make repairs to rental properties, or fining property owners for 4 failing to abate a nuisance. Because of the nature of their job, code enforcement officials can be 5 subjected to verbal assaults, threats, and physical violence. 6 Minnesota law recognizes the need to protect certain employees whose jobs make it more likely 7 that they will be the target of assaults by escalating assault charges from fifth to fourth degree for 8 the assaults of peace officers, firefighters, school officials, and “public employees with mandated 9 duties”. Minn. Stat. § 609.2231, subd. 6, specifically defines “public employees with mandated 10 duties” as agricultural inspectors, occupational safety and health inspectors, child protection 11 workers, public health nurses, animal control officers, and probation or parole officers. An assault 12 on one of these employees who is engaged in the performance of a duty mandated by law, court 13 order, or ordinance, is a gross misdemeanor if the person knows the employee is engaged in the 14 performance of official duties and inflicts demonstrable bodily harm. 15 Under current law, an assault on a code enforcement official not enumerated in Minn. Stat. § 16 609.2231, subd. 6, while performing official business can only be charged as fifth degree assault, a 17 misdemeanor, unless it results in substantial bodily harm. All code enforcement officials should be 18 afforded the same protections under Minnesota Statutes, and the legislature should amend the 19 statute to expand the employees covered by the statute. 20 Response: The legislature should expand Minn. Stat. § 609.2231, subd. 6, to include code 21 enforcement officials. The term code enforcement official should be defined broadly to 22 include public employees and contractors whose jobs require them to enforce all 23 administrative codes, rules, ordinances, and state laws. 24 SD-35. Restrictions on Possession of Firearms 25 Issue: The Minnesota Citizens Personal Protection Act, also known as “conceal-and-carry,” 26 prohibits guns on most school properties but forbids other local units of government from 27 43 prohibiting loaded firearms on their properties. The inconsistencies in the law’s treatment of 1 different kinds of properties have caused confusion about how the law applies to multi-use 2 facilities, such as municipal ice arenas used for school-sponsored programs. 3 Further, the law gives private property owners the right to prohibit guns in their establishments, 4 but prohibits landowners from restricting firearm possession by tenants and their guests without 5 distinguishing between residential and commercial properties. This creates confusion for shopping 6 malls and other retail properties with large common areas that are not occupied by the tenants but 7 which the tenants and their customers must cross to access the tenant’s space. 8 Finally, the Citizens Personal Protection Act does not explicitly state the type of firearm a permit 9 holder may carry, and this has led to ambiguity regarding whether the law is limited to the right to 10 carry a pistol-length firearm in public or if it allows for any firearm, including a military-style 11 assault rifle. 12 Response: The League of Minnesota Cities requests an amendment to the Citizens Personal 13 Protection Act that would allow cities to prohibit firearms in city-owned buildings, facilities, 14 and parks. The League supports clarifying the Act to state that a permit holder, under the 15 terms of a permit, is allowed to carry a pistol-length firearm, but not a semiautomatic 16 military-style assault weapon. The League is not seeking a repeal of the Citizens Personal 17 Protection Act, nor authority to prohibit legal weapons in parking lots or on city streets and 18 sidewalks. The League also supports efforts by commercial property owners to clarify that 19 the prohibition on restricting possession by tenants and their guests applies only to 20 residential rental property. 21 SD-36. Public Safety Communications 22 Issue: The state role in financing public safety communications has important cost implications for 23 cities. The state needs to accept financial responsibility for use by cities of the state public safety 24 radio communications backbone. Cities have struggled to pay high expenses to participate in the 25 800 MHz statewide public safety system. 26 44 In previous state budgets, the Legislature turned to revenue sources upon which cities depend to 1 cover costs to purchase and operate new communications technology and hardware for computer-2 aided dispatch, 911 public safety answering points (PSAPs), and interoperable radio 3 communications equipment and subsystems in order to finance the build-out of the state backbone 4 for the new system. As a result, fees were directed to fund revenue bond debt service used to 5 complete the statewide build-out of the Allied Radio Matrix for Emergency Response (ARMER) 6 and the cost of operations of the state public safety radio communications backbone. 7 At the federal level, the Federal Communications Commission (FCC) has ordered reservation of 8 700 MHz wireless spectrum for a national interoperable broadband network to meet public safety 9 communications needs. FirstNet was established in 2012 as an independent authority within the 10 National Telecommunications and Information Administration (NTIA) and is responsible for 11 constructing a nationwide high-speed public safety wireless broadband network. 12 Response: The League of Minnesota Cities supports continued and increased state financing 13 of substantial local costs to participate in ARMER, including the acquisition and 14 modernization of subscriber equipment, such as portable and mobile radios required for 15 ARMER users. The League also opposes efforts to divert dedicated ARMER funds to the 16 state’s general fund. The Legislature should fund regional cooperation and partnerships for 17 effective delivery of 911 service, training and use of ARMER. 18 The League also urges the FCC to continue to support availability of wireless spectrum 19 necessary to expand channel capacity that allows local public safety agencies to meet future 20 needs of cities and other local units of government. 21 SD-37. Collateral Consequences and Expungements* 22 Issue: Collateral consequences of criminal records haves been discussed at the federal and state 23 levels for many years. Collateral consequences are adverse impacts on housing, employment, 24 professional licensure, immigration, etc. They can impact successful reentry and rehabilitation of 25 offenders. 26 45 In 2023, legislation was enacted that requires automatic expungement of certain records from a 1 person’s criminal history, replacing the existing requirement that a person petition the court for an 2 order expunging the record. These automatic expungement provisions go into effect Jan. 1, 2025. 3 Offenses that are considered violent or otherwise not subject to automatic expungement in the new 4 law will still require a petition and court order. 5 Additionally, 2023 legislation requires automatic expungement of certain cannabis-related records. 6 Eligible felony level cannabis-related records will be reviewed by a Cannabis Expungement Board 7 to determine whether the records meet the criteria identified for expungement. The cannabis law 8 went into effect Aug. 1, 2023, and cannabis-related expungements are expected to be implemented 9 mid-2024. 10 Current law allows for the expungement of criminal records, which is an extraordinary remedy 11 because it involves the competing interests of individuals who want to remove the stigma of an 12 arrest or conviction when pursuing things such as employment and housing and the public’s 13 interest in maintaining criminal histories for future criminal investigations and making hiring, 14 rental, and other decisions about individuals. 15 Expungements are not granted unless the court determines that the benefits to the individual 16 outweigh the disadvantages to the public and public safety. When the court is making this 17 determination, it must take into consideration the following factors: 18 a) The nature and severity of the underlying crime; 19 b) The risk, if any, the person poses to individuals or society; 20 c) The length of time since the crime occurred; 21 d) The steps taken by the person toward rehabilitation; 22 e) Aggravating or mitigating factors relating to the underlying crime; 23 f) The reasons for expungement, including attempts to obtain employment housing or other 24 necessities; 25 46 g) The criminal record; 1 h) The record of employment and community involvement; 2 i) The recommendations of law enforcement, prosecutors, and corrections; 3 j) The recommendations of victims or whether victims of the underlying crime were minors; 4 k) Outstanding restitution obligations to victims; and 5 l) Any other relevant factors. 6 This balancing test is essential to ensure competing interests are adequately considered. 7 Recently, the state legislature has discussed whether to authorize automatic expungements in 8 certain situations. Cities understand the impact of collateral consequences but have concerns with 9 automatically expunging criminal records. While expungements play an important role, automatic 10 expungements should adequately balance the interests of the individual seeking expungement and 11 the interests of the public and public safety. For example, demonstration of steps taken towards 12 rehabilitation are essential so using only a short time factor is insufficient to show true 13 rehabilitation. 14 Response: The League supports legislation addressing the collateral consequences of criminal 15 records in a balanced manner that helps rehabilitated individuals succeed and ensures public 16 safety and victim interests are met. The League is also in support of legislation and policies 17 that help provide individuals with proper notice of the options and the process for 18 expungements that exist in current law. 19 The League opposes legislation that does not adequately address the important statutory 20 factors that must be considered under current expungement law. The interests of 21 rehabilitated individuals seeking expungement to live without the stigma of an arrest or 22 conviction record should be balanced with the public’s interest in maintaining criminal 23 histories for future criminal investigations and to make safe hiring, rental, and other 24 decisions about individuals. The current statutory scheme provides that balance, and thus, 25 any future legislation should also take the factors into account. Safeguards must include 26 47 notification and involvement of victims.The state should monitor the impacts of changes 1 enacted in 2023 to expungement laws and the legislature should make changes as necessary 2 to balance the benefit to individuals in providing automatic expungements and the interests 3 of the public and public safety. 4 SD-38. Criminal and Juvenile Justice Information 5 Issue: Criminal justice information integration is about getting the right information into the hands 6 of the right people at the right time and in the right place to make key decisions throughout the 7 criminal justice process. The integration of criminal justice information remains complex and 8 multifaceted. It takes time and resources from all levels of government. Public safety is 9 compromised when there is a lack of centralized, complete, and accurate criminal history data 10 about individuals, incidents, and cases. 11 City officials are aware of the complex issues raised by the utilization of electronic record keeping, 12 data sharing, and access to records that identify data subjects. The League of Minnesota Cities 13 recognizes that one of the ongoing challenges with the integration of criminal and juvenile justice 14 information is meeting the requirements of the Minnesota Government Data Practices Act 15 (MGDPA). 16 More than 500 cities operate police departments. These departments vary dramatically in fiscal 17 capacity, staffing resources, and technical expertise. Further, each municipal law enforcement 18 agency has unique operating procedures, strengths, and needs based on the community it serves. 19 The League knows the integration and security access to criminal and juvenile justice information 20 systems has a significant impact on municipal police business practices. 21 Response: The League of Minnesota Cities supports continued efforts by the state to 22 integrate and make available criminal justice information systems. This includes efforts in 23 key areas of funding, data practices, collaborative relationships, balancing privacy and 24 public safety, and addressing aging systems. The League also supports the Criminal and 25 Juvenile Justice Information Advisory Group, cooperation among legislators, law 26 enforcement, corrections agents, court officials, prosecutors, community groups, and 27 businesses that build public support for criminal justice systems. 28 48 To ensure compliance with the MGDPA, comprehensive guidelines and operational practices 1 should be implemented to safeguard access to and use of criminal and juvenile justice data. 2 However, data practices policies should not create new, unfunded mandates for local units of 3 government or compromise the usefulness of criminal and juvenile justice systems by 4 creating unnecessary barriers. 5 SD-39. Pawn Shop Regulation and Use of the Automated Property System 6 (APS) 7 Issue: Minn. Stat. ch. 325J enables licensure for pawnbrokers and provides statewide minimum 8 regulations for the pawn industry. 9 Specifically, the law: 10 a) Requires pawnbrokers to record all transactions, including details of the item pawned or sold, 11 information about the customer and the cost of the transaction. 12 b) Requires pawnbrokers to maintain records of all transactions for three years, and to make 13 records available upon request to law enforcement agencies. 14 c) Allows pawnbrokers to charge a maximum monthly interest rate of 3 percent of the principal 15 amount loaned in a transaction, plus a reasonable fee for storage and services. 16 The Automated Property System (APS) is a computerized system for tracking and monitoring 17 pawn transactions. The purpose of the APS is to provide a tool to verify compliance with Minn. 18 Stat. ch. 325J, to help identify and minimize illegal activity, to recover stolen property, and to 19 provide a legitimate environment for consumers. Currently, almost 260 law enforcement agencies 20 and over 190 stores in Minnesota and Wisconsin participate in the APS system as either a “query 21 only” or “contributing” member. 22 All access to and use of information in the APS system is governed by the Minnesota Data 23 Practices Act. Only authorized users have access to the data. There is no public access to the data. 24 Further, data that would reveal the identity of persons who are customers of a licensed pawnbroker 25 or secondhand goods dealer are private data on individuals and only used for law enforcement 26 49 purposes. Data describing the property in a regulated transaction with a licensed pawnbroker or 1 secondhand goods dealer is public. 2 Original pawn and secondhand transactions reported to the APS carry a $1 fee, regardless of the 3 number of items involved. All subsequent updates or corrections to transactions are processed 4 without charge. Contributing jurisdictions may also add regulatory costs to the transaction fee. The 5 total transaction fee is then typically assessed by the dealer to the customer. 6 A bill that would weaken Minn. Stat. ch. 325J and restrict the use of the APS has been introduced 7 in the Minnesota Legislature. Specifically, the legislation would forbid law enforcement agents 8 from acquiring customer information from pawn and secondhand shops until they have probable 9 cause to do so, and would eliminate the authority of local units of government to more strictly 10 regulate pawn and secondhand dealers. 11 Response: The League of Minnesota Cities supports the authority of cities to regulate and 12 license pawnbrokers, and opposes any legislation that would remove the authority of local 13 governments to enact more restrictive regulations than currently exist in Minn. Stat. ch. 14 325J. 15 The League supports the authority of cities to set licensing and transaction fees that enable 16 them to recover their full regulatory and enforcement expenses. 17 The League supports cooperation between law enforcement agencies and the pawn industry 18 that enhances the ability to identify illegal activity and recover stolen property. Access to 19 transaction information by law enforcement agencies is vital to accomplishing this goal. 20 Further, the sharing of information through the use of the APS is a proactive way to prevent 21 property and other crimes. 22 SD-40. City Costs for Enforcing State and Local Laws 23 Issue: Cities experience substantial costs enforcing state and local laws, particularly those related 24 to traffic, controlled substances, and incarceration of prisoners. The current method in our criminal 25 justice system of recovering costs for law enforcement and prosecution through fines is 26 insufficient to meet the costs incurred by local governments. Further, when a violator requests 27 50 relief from paying the full amount of the fine and surcharge, the courts have been more inclined to 1 waive the fine than to reduce the surcharge. When this occurs, the local units of government 2 recover no costs even though the city has incurred expenses. 3 Response: The Legislature should review this issue and adopt measures that provide for 4 complete reimbursement of the costs incurred by local governments in enforcing state and 5 local laws. Solutions that should be considered include: 6 a) Increasing fine amounts. 7 b) Removing or modifying county and state surcharges that conflict with cost recovery 8 principles. 9 c) Requiring the courts to consider ordering restitution from the defendant to reimburse the 10 costs of enforcement and prosecution as part of any sentence. 11 d) Requiring that if a court reduces the amount paid by a violator, any reduction should be 12 made from the surcharge and not the fine. 13 SD-41. Compensation and Reimbursement for Public Safety Services 14 Issue: Municipal public safety personnel often respond to emergencies involving non-residents. 15 For example, municipal fire, police, and/or ambulance services may be dispatched to the scene of a 16 traffic accident on an interstate highway involving victims from other cities or states. Although 17 cities can bill for some public safety services they provide to non-residents, they have limited 18 authority to collect on unpaid bills. 19 Cities have also found that auto insurance policies vary when it comes to coverage for emergency 20 responses. Insurance companies of those responsible for accidents sometimes deny payment for 21 fire service. 22 Additionally, municipal public safety personnel commonly respond to emergencies that require the 23 provision of medical services. The medical services provided by the city-employed first responders 24 are part of a continuum of health care that is covered by insurance companies when provided by 25 paramedics and other medical care providers; however, insurance policies vary when it comes to 26 51 coverage for municipally provided medical services. Insurance companies of those treated by 1 municipal public safety personnel frequently deny payment for emergency medical services when 2 they are billed by a municipality. 3 Thus, when a municipal public safety agency provides first response medical assistance, they 4 commonly do so at the expense of local property taxpayers. 5 Response: While emergency medical responses are legitimate functions of municipal public 6 safety departments, the costs of providing emergency medical care to individuals should be 7 covered by insurance and not be borne exclusively by the community’s taxpayers. Cities 8 should have the authority to bill for the full cost of first responder medical services they 9 provide and to collect on unpaid bills. Insurance companies should be required to reimburse 10 local governments for the full cost of providing these emergency medical services. Finally, 11 auto and homeowner’s insurance policies should be required to insure for the cost of 12 emergency responses. 13 SD-42. Administrative Traffic Citations 14 Issue: Cities have implemented administrative enforcement programs for violations of local 15 regulatory ordinances, such as building codes, zoning codes, health codes, and public nuisance 16 ordinances. This use of administrative proceedings has kept enforcement at the local level and 17 reduced pressure on over-burdened district court systems. 18 The Legislature has repeatedly increased the fine surcharge on district court cases to generate 19 revenues for the state’s general fund. The surcharge—the amount paid over and above the fine—is 20 now $75 per citation. The growth in the surcharge has dramatically increased the cost of citations 21 and has caused some to question whether the total of the fine and surcharge is disproportionate for 22 minor matters. To lower the amount imposed on their residents, a number of cities have expanded 23 their administrative programs to include some offenses traditionally heard in district court, such as 24 minor traffic offenses. 25 The increased state surcharges have not been used to assist local units of government with the 26 growing costs of enforcement and prosecution. No matter which entity—city, county or state—27 52 issues a statutory citation, the violator pays between $115 and $127 for a minor speeding violation. 1 Of this amount, the city receives between $13 and $20, and the county receives just slightly more. 2 Further, when a violator requests relief from paying the full amount of the fine and surcharge, the 3 courts have been more inclined to waive the fine than to reduce the surcharge. When this occurs, 4 the local units of government recover no costs even though the city has incurred expenses. 5 In 2009, the Legislature amended the statutes to allow administrative fines to be issued for certain 6 minor traffic offenses. Cities report that the short list of offenses noted in that law change does not 7 adequately address the needs of local law enforcement. Additional authority is necessary to allow 8 law enforcement officers to implement an effective program to reduce violations. 9 Response: The League of Minnesota Cities continues to support the use of city administrative 10 fines for local regulatory ordinances, such as building codes, zoning codes, health codes, 11 public nuisance ordinances and regulatory matters that are not duplicative of misdemeanor 12 or higher level state traffic and criminal offenses. Cities should have the authority to issue 13 administrative citations for low-level moving and equipment violations that: 1) would 14 otherwise result in warnings, and 2) occur on roadways where the speed limit is 45 miles per 15 hour or less. 16 If state leaders choose not to expand the list of administrative traffic offenses, they should 17 then change the distribution of statutory violation fine revenues so that cities are adequately 18 compensated for enforcement and prosecution costs. 19 SD-43. Juveniles in Municipal Jails 20 Issue: Municipal jails have long served as holding facilities for suspects who are being questioned 21 and/or booked, and for those awaiting transfer to a county jail or juvenile detention facility. In 22 2012, the Minnesota Department of Corrections (DOC) issued a reinterpretation of an existing law 23 to say that, “[W]here counties have secure juvenile correctional facilities…juveniles are not 24 allowed to be held in jail and/or municipal lock-ups for any length of time.” 25 This interpretation is in conflict with a provision in Minn. Stat. § 260B.181, subd. 4, which 26 provides that juveniles can be held in a licensed juvenile facility for up to six hours. Many 27 53 municipal jails, including those in counties where juvenile detention facilities exist, have been 1 operating under the six-hour holding law. 2 Managers of municipal jails indicate the reinterpretation of the law is contrary to common practice 3 and presents significant challenges for municipal law enforcement personnel. 4 Response: The League of Minnesota Cities supports a statutory clarification that would allow 5 juveniles to be held for questioning and booking in licensed jail facilities for up to six hours, 6 regardless of whether the county has a juvenile detention facility. 7 SD-44. Justice System Funding 8 Issue: Over the past several years, Minnesota’s justice system has operated under consecutive 9 budget shortfalls. Public service windows are closed part of each week in many courthouses. 10 Delays in case filings, hearings and dispositions are building throughout the state as staff and 11 judges struggle to keep up with caseloads. The budget shortfalls limit the ability of the courts to 12 process cases pertaining to shoplifting, trespassing, worthless checks, traffic and ordinance 13 violations, juvenile truancy, runaways and underage drinking, consumer credit disputes, property-14 related and small civil claims, and many other cases. Timely processing of these cases is critical to 15 keeping communities safe and to preserving the quality of life residents expect. 16 The State Court Administrator has advocated for statutory changes that have resulted in 17 efficiencies and cost savings while preserving core services. These changes involve consolidating 18 services where practicable and using technology to reduce costs. They include centralized payable 19 processing, use of e-citations and restructuring of state mandated programs. 20 Response: The League of Minnesota Cities supports a statement by former Chief Justice Eric 21 J. Magnuson that calls for “an adequately funded, functioning justice system that resolves 22 disputes promptly in order to ensure the rule of law, protect public safety and individual 23 rights and promote a civil society.” The League supports the use of technology to reduce 24 costs and preserve services. The League opposes any changes that would decriminalize local 25 ordinances, petty misdemeanors or misdemeanor offenses, or that would make prosecution 26 of these crimes more difficult. 27 54 SD-45. 21st Century Policing 1 Issue: Published in May 2015, the President's Task Force on 21st Century Policing Report makes 2 multiple recommendations aimed at helping law enforcement agencies and communities 3 strengthen trust and collaboration, while reducing crime by implementing the next phase of 4 community-focused policing. The report contains recommendations related to six key areas of law 5 enforcement: 6 a) Building Trust and Legitimacy; 7 b) Policy and Oversight; 8 c) Technology and Social Media; 9 d) Community Policing and Crime Reduction; 10 e) Training and Education; and 11 f) Officer Safety and Wellness. 12 Many Minnesota communities have embraced 21st Century Policing concepts, and municipal 13 police departments throughout the state have adopted policies that align with 21st Century Policing 14 principles. The Legislature and governor made progress toward advancing 21st Century Policing 15 principles statewide by enacting the 2020 Police Accountability Act. 16 In Minnesota, police chiefs have indicated strong interest in securing additional training in 21st 17 Century Policing practices for officers. Demand for training has increased in recent years, and in 18 2017 the Legislature responded by increasing continuing education requirements for officers, 19 expanding the scope of this training to include more community policing, and by providing $6 20 million per year for training reimbursement provided by the Peace Officer Standards and Training 21 (POST) Board. This funding is not permanent and sunsets in 2024. 22 The POST Board is funded through a special revenue account from a surcharge on criminal and 23 traffic convictions. However, a significant amount of the special revenues collected are diverted to 24 the state’s general fund and are not made available for training reimbursement, and the amount of 25 55 the surcharge paid to the state has been declining. There is also growing concern about the impact 1 of the surcharge on residents, particularly those of low income and persons of color, and concern 2 about funding policy training based on ticket revenue. 3 Response: The League of Minnesota Cities recognizes the need for communities and law 4 enforcement agencies to strengthen trust and collaboration, while continuing to reduce 5 crime. The League supports the recommendations of the President’s Task Force on 21st 6 Century Policing Report as well as the training, policy and accountability provisions 7 contained in the 2020 Police Accountability Act. To that end, the League supports: 8 a) POST Board model policies that align with the recommendations of the President’s Task 9 Force on 21st Century Policing Report and the 2020 Police Accountability Act; 10 b) POST Board approved training opportunities for new recruits and in-service peace 11 officers that include but are not limited to procedural justice, bias/implicit bias and 12 cultural awareness, de-escalation, and crisis intervention training; 13 c) Increased state and federal funding for peace officer training that includes 14 reimbursement for tuition, travel, time and backfilling the shifts of officers who are out 15 for training; 16 d) Permanent funding for police training that is not based on criminal and traffic ticket 17 revenue; 18 e) State and federal funding for peace officer safety and wellness initiatives; 19 f) State policies, training and funding that support co-responder programs to enhance the 20 safety and effectiveness of responses involving people with mental illnesses; 21 g) State policies, training and funding that support non-traditional community based public 22 safety programs; and 23 h) Authority and grants for municipal police departments to deploy technologies such as 24 dash cameras and police body worn cameras that enhance both criminal justice and 25 officer accountability. 26 56 SD-46. Post-Incarceration Living Facilities 1 Issue: Sufficient funding and oversight is needed to ensure that residents living in post-2 incarceration living facilities have appropriate care and supervision, and that neighborhoods are 3 not disproportionately impacted by high concentrations of these types of facilities. Under current 4 law, operators of certain post-incarceration living facilities are not required to notify cities when 5 they intend to purchase single family housing for these purposes. Cities do not have authority to 6 regulate the locations of post-incarceration living facilities. Cities have reasonable concerns about 7 the safety of facility residents and neighborhoods, particularly in cases of public safety. Cities also 8 have an interest in preserving a balance in residential neighborhoods between this type of facilities 9 and other uses. It is in the best interest of providers to inform and work with cities before opening 10 a facility in order to educate providers of community standards and expectations. 11 Response: Cities should have statutory authority to require agencies, as well as licensed and 12 registered providers, that operate post-incarceration living facilities to notify the city before 13 properties are operated. Cities should be provided with the necessary contact information 14 once licensed or registered. Providers applying to operate post-incarceration living facilities 15 should be required to contact the city to be informed of applicable local regulations. The 16 Legislature should also require establishment of non-concentration standards for post-17 incarceration living facilities to prevent clustering. Finally, licensing or registering 18 authorities must be responsible for removing any residents incapable of living in such an 19 environment, particularly if they become a danger to themselves or others. 20 SD-47. Homeland Security Costs and Liability* 21 Issue: The federal government’s response to terrorism has resulted in new responsibilities for local 22 governments in a number of areas. For example, shortly after the terrorist attacks on Sept. 11, 23 2001, the federal government tapped local law enforcement personnel to provide security and 24 perform screening at our nation’s airports. These new responsibilities increase cities’ liability 25 exposure and result in higher local costs for public safety services. In addition, local governments 26 are expected to continue emergency planning and capacity building efforts, provide additional 27 57 training and equipment for first responders, and improve emergency response coordination and 1 communication. 2 As partners in protecting our country from terrorism, the federal government must: 1) provide 3 greater direct financial support for our first responders; 2) maintain funding for general pre- and 4 post-disaster emergency management programs; 3) ensure a coordinated and effective national 5 emergency response system; and 4) address issues of cyber security that threaten public safety, 6 services, and infrastructure. 7 Response: The League of Minnesota Cities recommends that when the federal government 8 requires or contracts for cities’ assistance in meeting federal homeland security 9 responsibilities, the federal government should fully cover the costs, including the risk of 10 liability arising from these activities. 11 The League supports greater federal funding to prepare, train, and equip our first 12 responders. The League also supports changes in the federal funding process to ensure 13 Department of Homeland Security funds move quickly to the local level. Furthermore, the 14 League supports the allocation of state resources to provide training and technical assistance 15 to local governments related to the prevention and control of cyber security risks to critical 16 infrastructure. 17 SD-48. Cybersecurity* 18 Issue: Dating back to at least 2012, U.S. Defense Secretaries have warned that the United States 19 are increasingly vulnerable to foreign computer hackers who could dismantle the nation’s power 20 grid, transportation system, financial networks and government. On a state level, the Governor’s 21 Task Force on Broadband issued recommendations regarding cybersecurity in their 2016, 2017, 22 and 2018 annual reports. After consistent recommendation by the Broadband Task Force, a 23 Legislative Commission on Cybersecurity was established in 2021 to provide oversight of the 24 state’s cybersecurity measures and review and make policy recommendations to state agencies and 25 the legislature to strengthen the state’s cybersecurity infrastructure. However, many of the 26 commission and task force recommendations have not yet been implemented, which creates 27 cybersecurity vulnerabilities especially at the local level as many communities lack the necessary 28 58 tools and capabilities needed to protect their systems. The problem is serious. Each month 1 Minnesota IT Services defends against roughly 27,000 phishing emails and messages across all 2 state agencies and several cities and counties have been recent targets of ransomware attacks as 3 local governments continue to remain particularly vulnerable to cyberattacks. The passage of the 4 federal Infrastructure Investment and Jobs Act of 2021 provided additional federal resources to 5 Minnesota to better prepare the state’s preparedness and response to future cyberattacks. However, 6 even with additional federal resources, many cities across the state remain vulnerable to 7 cyberattack and are in need of hardware and software support. 8 Response: The League of Minnesota Cities supports state action to identify and strengthen 9 state and local capabilities. The League supports the inclusion of funding to evaluate state 10 government cyber vulnerabilities, single points of failure, and fixes, and, based on those 11 findings, create an ability for municipal governments to apply for grant funding or 12 assistance to help conduct the same evaluation. Additionally, state and federal policymakers 13 should: 14 a) Seek municipal government input on any direction of state or federal funding that seeks 15 to address cybersecurity preparedness and response and ensure city government 16 participation in any task force or planning committee tasked with directing funding 17 priorities for local government cybersecurity efforts; 18 a)b) Ensure that any grant program administered by Minnesota IT balances the 19 unique needs of smaller less-resourced cities and larger cities and base cybersecurity 20 funding opportunities on locally identified needs; 21 b)c) Avoid unfunded mandates related to data notification breaches by ensuring 22 proactive discussions with lawmakers and state leaders regarding cybersecurity 23 awareness, prevention, remediation and breach notification 24 SD-49. Legalization of Fireworks 25 Issue: In 2002, the state enacted a law allowing the sale and use of non-aerial, non-explosive 26 consumer fireworks, including sparklers, party poppers, snakes, and other novelty items—relaxing 27 59 the ban on consumer fireworks in place in Minnesota since 1941. In 2008, the Legislature further 1 relaxed the ban by increasing the amount of explosive material allowed in legal fireworks. 2 Local fire service professionals have reported that consumers and law enforcement personnel have 3 had difficulty distinguishing between legal and illegal fireworks, and that the 2002 law resulted in 4 greater use in Minnesota of illegal fireworks purchased in other states. 5 According to data provided by the Minnesota State Fire Marshal Division, injury trends and dollar 6 losses related to fireworks incidents surged after the consumer fireworks ban was lifted. Hospital 7 reports reveal that the annual number of injuries caused by fireworks rose dramatically in 2002 and 8 remains elevated. Likewise, Minnesota Fire Incident Reporting System records show that the 9 annual dollar loss resulting from fireworks incidents increased significantly in 2002 and has since 10 grown. 11 In 2003, the state enacted a number of provisions limiting local authority pertaining to fireworks 12 sales. The 2003 law caps the allowable municipal permit fee at $100 per vendor selling fireworks 13 with other products, and $350 per vendor selling fireworks exclusively. The law restricts cities 14 from requiring fireworks sellers to purchase additional liability insurance. Finally, the 2003 law 15 states that cities cannot prohibit or restrict the display of consumer fireworks if the display and 16 structure comply with National Fire Protection Association (NFPA) Standard 1124. The NFPA is a 17 private international association of individuals and trade and professional organizations. (NFPA 18 Standard 1124 is not a public document and is available only for a fee.) 19 Fireworks products can cause serious injuries and fire loss. The legal sale of consumer fireworks 20 undermines fire prevention efforts. The sale and use of consumer fireworks increase local public 21 safety enforcement, emergency response, and fire-suppression costs. 22 Response: The League of Minnesota Cities opposes legislation that would further relax the 23 ban on the sale and use of consumer fireworks. The League supports a repeal of the 2002 law 24 that relaxes the ban on the sale and use of consumer fireworks. 25 Fees are needed to cover the costs associated with compliance checks, education, and 26 inspections relating to the sale of a regulated product. The current fee caps do not allow 27 cities to recover these costs. The League supports allowing cities to establish and impose 28 60 reasonable fees on retailers that sell fireworks. The League opposes restrictions on requiring 1 fireworks retailers to purchase additional liability insurance. Finally, the League seeks 2 repeal of the NFPA reference. 3 SD-50. Traffic Enforcement Cameras* 4 Issue: Drivers who disobey traffic laws can cause serious traffic accidents and contribute to 5 gridlock. In spite of the severity of this problem, cities cannot always afford the levels of peace 6 officer enforcement that residents demand. The technology exists to enforce traffic laws with 7 photographic evidence. For example, there is less running of red lights when motions imaging 8 recording systems (MIRS) are installed at traffic signals. 9 Response: Local law enforcement agencies should have the express authority to use photo 10 enforcement technology to enforce traffic laws. Sworn and non-sworn Llocal law 11 enforcement officers should have the express authority to issue citations for traffic violations 12 by mail where the violation is detected with photographic evidence. 13 SD-51. Operation of Motorized Foot Scooters 14 Issue: Current state statute (Minn. Stat. § 169.225) regulates the operation of motorized foot 15 scooters and treats motorized foot scooters similar to bicycles in terms of rights and duties. By 16 statutory definition (Minn. Stat. § 169.011, subd. 46), motorized foot scooters must be powered by 17 an engine or motor that is limited to a maximum speed of 15 miles per hour. The law provides that 18 an operator must be 12 years of age or older. Although the law contains safety provisions, 19 including a requirement that operators under the age of 18 must wear helmets, it does not require 20 training or permits for operators of any age. 21 Motorized foot scooters that are part of organized sharing or rental businesses rely on the ability to 22 park in the public right-of-way, especially on public sidewalks, to facilitate customer access and 23 vending. Cities have express authority to regulate parking on city streets and sidewalks. Local 24 government units should also have clear authority to regulate or proscribe unauthorized use of city 25 right-of-way for motorized foot scooter parking, to require a permit or license for each scooter or 26 sharing company, and to include terms and conditions dictated by the granting authority. 27 61 In order to protect public health, safety and welfare, it is important that cities have clear authority 1 to regulate motorized foot scooter parking and sharing options. 2 Response: State law should support the ability of local governments to regulate or proscribe 3 unauthorized use of city right-of-way for motorized foot scooter parking, to require a permit 4 or license authorizing motorized foot scooter parking or sharing in the public right-of-way, 5 and to impose terms, conditions, and local rules on businesses seeking such a permit or 6 license. 7 SD-52. Catalytic Converter Theft* 8 Issue: Cities across Minnesota have seen increases in the theft of catalytic converters, a part of a 9 vehicle’s exhaust system that converts some pollutants into less harmful gasses. Removal of a 10 catalytic converter causes extensive damage to a vehicle. Criminals remove catalytic converters 11 from parked automobiles and profit by selling them to scrap metal dealers. Preventing catalytic 12 converter theft is difficult because it is not illegal for an individual to possess multiple catalytic 13 converters, nor is it illegal for scrap metal dealers to purchase catalytic converters from 14 individuals. 15 In 2021 the Legislature established a catalytic converter theft prevention pilot program. It provided 16 funding for law enforcement agencies to offer vehicle owners the opportunity to have their 17 catalytic converters permanently marked with identifiers. Although the pilot program has deterred 18 some catalytic converter theft, it has not proven to be a solution to the problem. 19 Response: The League of Minnesota Cities supports legislation making it unlawful for a 20 scrap metal dealer to purchase a catalytic converter from any person other than a bona fide 21 automobile recycling facility or a person who can provide evidence of legitimate removal. 22 The League also supports making it a crime to be in possession of one or more catalytic 23 converters that do not belong to a vehicle or vehicles owned by the individual in possession of 24 the catalytic converter(s), or that the individual cannot provide verification of legal receipt of 25 the catalytic converter from the vehicle owner. 26 62 SD-53. Drug Courts 1 Issue: The League of Minnesota Cities recognizes the impact of substance abuse on individuals, 2 communities and taxpayers. According to the National Council on Alcoholism and Drug 3 Dependence, the relationship between alcohol and drugs and crimes--including domestic abuse and 4 violence, underage drinking, robbery, assault and sexual assault--is clearly documented. The 5 National Center on Addiction and Substance Abuse reports 65 percent of the nation’s inmates meet 6 certain medical criteria for substance abuse and addiction, but only 11 percent received treatment 7 for their addictions. 8 Drug courts are an effective problem-solving approach for dealing with alcohol and other drug 9 addicted offenders in the judicial system. Drug courts closely monitor the defendant's progress 10 toward sobriety and recovery through ongoing treatment, frequent drug testing, regular mandatory 11 check-in court appearances, and the use of a range of immediate sanctions and incentives to foster 12 behavior change. 13 In drug court, judges collaborate with other traditional court participants (prosecutors, defense 14 counsel, treatment providers, probation officers, law enforcement, educational and vocational 15 experts, community leaders and others), whose roles have been substantially modified, but not 16 relinquished, in the interest of helping defendants deal with addiction. 17 Response: The League of Minnesota Cities supports the efforts of drug courts to address 18 substance abuse and reduce crime. The League supports funding for additional drug courts. 19 SD-54. Drug Paraphernalia* 20 Issue: Cities throughout the state struggle with local businesses selling items primarily designed to 21 enable illegal drug use. Current state law only prohibits use, possession, delivery, and 22 advertisements of drug paraphernalia. The law inadequately defines the term “drug paraphernalia,” 23 and leaves cities to pass more effective ordinances “prohibiting or otherwise regulating the 24 manufacture, delivery, possession, or advertisement of drug paraphernalia.” 25 Many cities have adopted their own ordinances to regulate drug paraphernalia, including 26 specifically prohibiting sales. But for a variety of reasons, business owners routinely challenge 27 63 these ordinances as unconstitutional and then successfully invoke virulent public outcry on that 1 basis. This experience—along with costly court challenges—discourages other cities from taking 2 similar steps to curb illegal drug activity, and leaves most cities only able to enforce an inadequate 3 state law. 4 Most states immediately around Minnesota define “drug paraphernalia” in a detailed way based on 5 a 1979 model federal law designed to avoid constitutional issues. Minnesota does not. Federal law 6 and the law of half the states immediately around Minnesota explicitly ban sales of drug 7 paraphernalia, but Minnesota does not. The current state of the law arguably makes drug 8 paraphernalia easier to obtain in Minnesota than in the states immediately surrounding it. 9 In 2023 the legislature modified several provisions pertaining to the sale and possession of drug 10 paraphernalia. As a result, under current state statutes it is not a crime to sell or possess drug 11 paraphernalia, and possession of drug paraphernalia containing a residual amount of one or more 12 mixtures of controlled substances is exempted from the definition of drug possession. The 13 definition of “drug paraphernalia” does not include hypodermic syringes or needles or any 14 instrument or implement which can be adapted for subcutaneous injection. The laws pertaining to 15 the sale of drug paraphernalia conflict with some previously adopted local ordinances, and the 16 decriminalization of possession of drug paraphernalia may create unintended consequences for law 17 enforcement. 18 Response: The League of Minnesota Cities supports a requirement for the Department of 19 Public Safety to collect data during the implementation of the 2023 changes to drug 20 paraphernalia laws. If the laws are shown to have unintended public safety consequences, the 21 League supports passage of legislation that would limit the sale and possession of drug 22 paraphernalia strengthening the current statutory prohibition on drug paraphernalia, 23 including improving the statutory definition of “drug paraphernalia” and explicitly 24 prohibiting sales. 25 SD-55. Regulation of Massage Therapists 26 Issue: The state does not currently license nor register massage therapists. Minn. Stat. ch. 146A is 27 the Complementary and Alternative Health Care Practices Act which identifies prohibited provider 28 64 conduct and authorizes the Minnesota Department of Health to take disciplinary action against 1 noncompliant providers who are not registered or licensed by a health-related licensing board. The 2 office has authority to respond to allegations of prohibited behavior through an investigatory 3 process but this function is triggered mainly by consumer complaints and there is no requirement 4 that the office take any action. Additionally, resources for these purposes have been severely 5 limited. 6 In absence of any required statewide standards or regulation, several cities have entered the 7 traditional state domain of health-care licensure by enacting ordinances that require all massage 8 therapists to obtain a local professional license and many cities have also required bricks and 9 mortar establishments to obtain a business license. These ordinances help local law enforcement 10 officers to differentiate between legitimate providers and businesses engaged in sex trafficking and 11 prostitution as well as provide for health and sanitation standards. 12 City staff and law enforcement have spent much time and resources conducting statewide criminal 13 background checks; investigating massage therapist accreditation programs to determine 14 legitimacy and credibility; and inspecting and monitoring establishments due to citizen complaints 15 and concerns. This has resulted in different procedures, requirements and fee structures across the 16 state. Despite the thorough work of city staff and law enforcement, when an illegitimate business 17 suspects investigation, it will often close down and re-open in a different city. Without any sort of 18 statewide database of these businesses, one city’s solution may become another city’s problem. 19 Additionally, local law enforcement agencies do not have access to national criminal history data. 20 This has allowed those with criminal convictions in other states related to sex trafficking and 21 prostitution to obtain massage therapy business and/or professional licenses in cities in Minnesota. 22 Allowing access to this information could help cities prevent sex trafficking across state lines. 23 Response: The League of Minnesota Cities supports the statewide registration or licensure of 24 massage therapists that would not pre-empt the ability of cities to regulate massage therapy 25 establishments. The League also supports legislation pertaining to the practice of massage 26 therapy that accomplishes the following: 27 65 a) Helps cities establish legitimacy of providers and businesses applying for a local license to 1 practice, including allowing local law enforcement agencies access to national criminal 2 history databases. 3 b) Prevents individuals from conducting criminal activities such as prostitution and sex 4 trafficking out of establishments operating as massage therapy facilities. 5 c) Improves provider compliance with Minn. Stat. ch. 146A and requires the state to take 6 action in response to noncompliance. 7 d) Protects the public from injury and from other conditions that may result in harm. 8 SD-56. Regulation of Adult-Use Cannabis and Cannabinoid Products* 9 Issue: The 2023 legislative session enacted legislation making Minnesota the 23rd state across the 10 country to legalize adult-use cannabis. The new law, ch. 342, created a statewide regulatory 11 framework for adult-use cannabis establishing state-issued licenses for the industry from seed to 12 sale. The law also expunged certain prior convictions related to cannabis, implemented a tax on 13 cannabis and cannabinoid products including a Local Government Cannabis Aid fund, and updated 14 criminal penalties related to cannabis. 15 The regulatory structure includes local regulation, with cities responsible for registering certain 16 cannabis businesses that are licensed by the state and conducting compliance checks. The law 17 requires businesses to comply with local zoning ordinances, authorizes cities to implement license 18 limits, and authorizes cities to implement ordinances to establish a petty misdemeanor for public 19 use of cannabis and cannabinoid products. These authorizations aside, cities have very limited 20 discretion in the regulation of the industry. 21 In addition to the adult-use cannabis market, cities continue to navigate the regulation of 22 cannabinoid products legalized by the 2022 legislative session under chapter. § 151.72. As the 23 Office of Cannabis Management is created and rulemaking is conducted, cities have continued to 24 implement local licenses for the products. 25 66 Finally, the new law authorizes cities to impose an interim ordinance to study the issue and restrict, 1 regulate, and prohibit cannabis businesses until January 1, 2025. However, estimates from state 2 agencies and the rulemaking timeline established by law indicates that final rules will not be 3 available until early 2025. The authority to conduct an interim ordinance study should better align 4 with the establishment of rules for the new law to allow cities to properly study the issue. 5 Many questions remain for what is to be seen from the Office of Cannabis Management and the 6 cannabis industry as it is established. Cities will be a critical component of the regulation and 7 enforcement of this industry. 8 As legalization of cannabis and cannabinoid products has become more prevalent in states across 9 the country, the Minnesota legislature has discussed legalization and potential regulatory 10 framework. In 2022, the legislature passed legislation that authorized the sale of certain edibles 11 and beverages infused with tetrahydrocannabinol (THC) extracted from hemp. The legislation 12 provided limited regulation of these products in Minn. Stat. § 151.72 under the Board of 13 Pharmacy, including restrictions and requirements on packaging, labeling, amount of THC, and 14 sale of these products to those under the age of 21. 15 Cities were not consulted during the drafting of this legislation but have local concerns that need to 16 be addressed. Though the new law has some regulations on the products, there are significant gaps 17 in state oversight and accountability of the manufacturing and production, testing, and distribution 18 of the products. Additionally, the law does not provide any restrictions on where the products can 19 be sold and offers no guidance for local governments to regulate the sale of the products. The new 20 law increases enforcement responsibilities for local governments which will result in additional 21 costs for cities. 22 Lacking significant oversight and regulations at the state level, some cities passed licensing and/or 23 zoning regulations over the products. Though the law does not prohibit local regulation, many 24 outstanding questions remain pertaining to law enforcement, employment, and the state-city 25 dynamic of regulating and enforcing the law related to these newly legal products. 26 There are also outstanding questions for cities as employers. The legal status of the new products 27 creates challenges with existing drug-testing law and abilities. Drug tests can test for THC; 28 67 however, they cannot differentiate whether a positive test for THC is the result of a legal THC 1 edible product or an illegal cannabinoid. Additionally, unlike alcohol intoxication, there are no 2 current tests to indicate intoxication or impairment levels from THC consumption for employees 3 who may be showing signs of intoxication. 4 If pursued by the legislature, the legalization of adult-use cannabis will create additional 5 challenges for cities beyond the THC edible products that were previously legalized. Adult-use 6 cannabis will require a significant amount of time and resources for local law enforcement to 7 ensure compliance and maintain public safety that will be costly for cities. The regulatory 8 framework will extensive oversight at the state and local level. Cities must be consulted and 9 included in the oversight of cannabis and cannabinoid products. 10 Response: In any future legislation, the following should be considered: 11 a) The timeline authorized for interim ordinances to conduct studies on the adult-use 12 cannabis industry should be extended to better align with the conclusion of rulemaking 13 for ch. 342 to provide adequate time for cities to study the rules once adopted. 14 b) Any legislation considered should be responsive to the needs of cities as they arise from 15 the implementation of this industry, including evaluating and potentially increasing the 16 appropriation provided through the Local Government Cannabis Aid fund to ensure 17 adequate funding for local governments to respond to challenges resulting from the 18 cannabis industry. 19 c) Legislation should increase, and at a minimum maintain, any discretion and local control 20 granted to cities in current legislation. 21 d) The League opposes any proposals to diminish local control related to the cannabis 22 industry. 23 As the legislature addresses the legalization of adult-use cannabis and future issues related to 24 cannabinoids cities must be included in the discussion and regulatory framework of these 25 products. 26 A strong state regulatory framework is needed, including: 27 68 a) A strong state regulatory framework with clear licensing, inspection, and enforcement 1 for the cultivation, manufacturing, and distributing to retailers of cannabinoid products. 2 b) Rigorous testing requirements similar to what is required under Minn. Stat. § 152.29 for 3 the medical cannabis program. 4 c) Reporting and enforcement structures for local law enforcement to report to the state, 5 including penalties for non-compliance. 6 d) Reporting and enforcement structure for local governments to address odor issues from 7 processing plants. 8 Cities should maintain the authority for: 9 a) Local licenses for cannabis and cannabinoid product retailers with a state database of 10 licenses. 11 b) Local zoning regulations. 12 c) Local authority to enact restrictions or regulations regarding the sale of cannabis and 13 cannabinoid products more stringent than the state, including the authority to opt-out 14 from authorizing the sale of the products. 15 Public safety needs to be addressed: 16 a) State law should prohibit the possession of cannabis and cannabinoid products for those 17 under 21, acknowledging the adverse effects of criminal penalties for youth. 18 b) Ongoing state resources and training for law enforcement to address costs of public 19 safety concerns such as increased staff for monitoring retailer compliance of state and 20 local regulations and security. 21 c) As technology becomes available for product testing, the state should provide resources 22 to local law enforcement for testing retail products to ensure compliance. 23 Revenue and taxation considerations must be addressed: 24 69 a) Knowing that local law enforcement will need to spend a significant amount of time and 1 resources in enforcing cannabis and cannabinoid products, the state must fund this 2 mandate. 3 b) Local jurisdictions should be authorized to impose a local impact tax at their discretion 4 with broad flexibility on the ability to use revenue. 5 Unique employment concerns need to be addressed: 6 a) Minnesota and Federal law should clarify the duty and obligations of restricted 7 employees, such as CDL holders and firearm-holding employees, as they relate to off-8 duty consumption of legal cannabis products. 9 b) The legislature should clarify Minn. Stat. § 181.953 subd. 10, Minnesota’s Drug and 10 Alcohol Testing in the Workplace Act (DATWA), regarding how the requirement for 11 employers to give an employee who tests positive the opportunity to participate in either a 12 drug or alcohol counseling or rehab after consultation with a certified chemical use 13 counselor applies to the new edible THC products. 14 c) The legislature should clarify that an employer is allowed to require an employee or 15 applicant undergo cannabis testing or drug and alcohol testing for the purpose of 16 determining the presence or absence of cannabis as a condition of employment for peace 17 officer and/or firefighter positions. 18 The state should consider public health concerns: 19 a) The state should create and fund public health campaigns for education on the impacts of 20 cannabis and cannabinoid products, training for retailers, safe use education, and 21 adolescent use prevention. 22 SD-57. Lawful Gambling and Local Control 23 Issue: As part of the 2009 reforms to lawful gambling statutes, some local control was removed 24 from the lawful gambling process. Previously, the lawful gambling licensee would have to obtain 25 the city council’s approval as part of its application to renew the organization’s premises permit 26 70 (some forms of lawful gambling require obtaining an organizational license and a premises 1 permit(s) from the state). This step was removed when the state established a perpetual 2 organizational license and premises permitting system. Because these licenses and permits are 3 issued by the state, under the current system a city’s authority over these licensees is limited to: 1) 4 approval of the initial premises permit; and 2) enforcement of the city’s lawful gambling 5 ordinance. Some city officials have concerns that gambling organizations will be more apt to 6 ignore local regulations (such as spending the required percentage of lawful gambling expenditures 7 in the city’s trade area) if they don’t need the city’s approval for the renewal of their state-issued 8 premises permits. 9 Response: The licensee should be required to obtain local approval on an annual basis, or at 10 longer intervals as determined by the city, and file the resolution of local approval with the 11 Gambling Control Board. 12 SD-58. Liquor Liability Insurance Limits 13 Issue: Minn. Stat. § 340A.409 requires that “no retail license may be issued, maintained or 14 renewed unless the applicant demonstrates proof of financial responsibility with regard to liability 15 imposed by Minn. Stat. § 340A.801” relating to the sale of alcoholic beverages. The minimum 16 limits of liability currently in statute require $50,000 of coverage because of bodily injury to any 17 one person in any one occurrence, $100,000 because of bodily injury to two or more persons in 18 any one occurrence, $10,000 because of injury to or destruction of property of others in any one 19 occurrence, $50,000 for loss of means of support of any one person in any one occurrence, 20 $100,000 for loss of means of support of two or more persons in any one occurrence, $50,000 for 21 other pecuniary loss of any one person in any one occurrence, and $100,000 for other pecuniary 22 loss of two or more persons in any one occurrence. These limits have not been updated since at 23 least 1985 and would provide very little relief to persons impacted by an intoxicated person. 24 While cities can choose to require higher limits of liability than required by statute, it may create 25 competitive imbalance between communities if the limits are not consistent. 26 Response: The minimum limits in Minn. Stat. § 340A.409 should be increased to $500,000 27 per occurrence with a $500,000 annual aggregate. 28 71 SD-59. On-Sale Liquor or Wine Licenses 1 Issue: Minn. Stat. § 340A.404 defines the establishments to which a city may issue an on-sale 2 intoxicating liquor license. Every year cities see local businesses and organizations with innovative 3 models for event centers, food halls, arenas, boutiques, museums, art spaces, and cultural or 4 community centers that are not clearly named in this statute but would like to obtain a liquor 5 license. Several cities have received special legislation allowing their municipalities to issue on-6 sale liquor or wine licenses to these types of entities. However, this process interferes with the 7 ability of municipalities to respond expeditiously to innovative business models, control the 8 placement and operating manner of these entities, and limits municipalities from providing 9 licenses for businesses that would generate local tourism and revenue. 10 Response: The Legislature should modernize and expand the list of establishments in Minn. 11 Stat. § 340A.404 to which municipalities are authorized to issue on-sale liquor or wine 12 licenses, subject to restrictions imposed by the municipality, to allow for innovative business 13 models and economic development within their jurisdiction. 14 SD-60. Liquor Licensing of Non-Contiguous Spaces 15 Issue: During the COVID-19 outbreak, restaurants and bars were able to open at limited capacity 16 for in-person service with spacing requirements between tables both inside and outside. To provide 17 opportunities for businesses to open and serve the public, many cities allowed for non-contiguous 18 spacing of tables outside despite requirements outlined in Minn. Stat. § 340A.410, subd 7. This 19 allowed customers to go to restaurants and bars and remain outside, which had been deemed 20 preferable to dining indoors in mitigating the risk of exposure to the virus. This model proved to be 21 successful for many businesses and enjoyed by residents. Cities would like to respond to customer 22 and business expectations and continue being authorized to issue licenses to non-contiguous 23 spaces. 24 Response: The increased flexibility during the COVID-19 pandemic allowed businesses and 25 cities to partner in response to the pandemic and city residents have enjoyed increased 26 seating options. The League of Minnesota Cities supports amending Minn. Stat. § 340A.410 27 72 to allow for licensing of spaces that are not compact and contiguous during and after the 1 pandemic. 2 SD-61. Wine and Off-Sale Licenses 3 Issue: Minn. Stat. ch. 340A authorizes cities to issue liquor licenses to various establishments 4 within their jurisdictions, but in virtually all cases, the license issued by the city is not valid until 5 the state approves it. This is true for such commonly issued licenses as wine, off-sale intoxicating 6 liquor and temporary on-sale intoxicating liquor licenses. The result is extra time spent for city 7 staff, as well as a time-based commercial impact to the business pursuing the original license. 8 Additionally, if a business applies for an on-sale wine license, the state may choose to conduct an 9 inspection of the business further delaying approval of the license and full operation of the 10 establishment. This inspection is often in addition to a city certificate of occupancy inspection and 11 a county health inspection. 12 Response: The Legislature should remove the requirement of approval by the commissioner 13 for city-issued liquor licenses and simply require cities to notify the state of newly issued and 14 renewed licenses as is already the case for intoxicating on-sale liquor licenses and all 3.2-15 liquor licenses. If the state requires an inspection to certify an on-sale wine license, this 16 should be delegated to either the city or county to be conducted at the same time as other 17 inspections. This will expedite the process for both the state and the business. 18 SD-62. Youth Access to Alcohol and Tobacco 19 Issue: To promote public safety and public health, cities have an interest in preventing youth from 20 obtaining alcohol and tobacco. For example, the Minnesota Department of Health reports that 80 21 percent of adult smokers had their first cigarette before the age of 18; reducing youth tobacco use 22 may help prevent adverse impacts of tobacco in the future. To this end, many cities operate 23 compliance check programs in an effort to discern the current level of youth access and to reduce 24 youth access. Statewide, a number of cities have created community partnerships with their court 25 systems, local businesses, and school districts to quickly address problems associated with youth 26 access to alcohol and tobacco. 27 73 Response: The League of Minnesota Cities opposes any proposal that could result in 1 increased risks of youth access to alcohol and tobacco products and supports statutory 2 changes that assist in reducing youth access to alcohol and tobacco products. The League 3 supports locally-determined alcohol compliance check programs, but any state mandate for 4 alcohol compliance checks should come with state-supported funding initiatives to support 5 these locally-determined compliance efforts. The Legislature should consider a grant 6 program supporting locally-based community partnerships that can quickly and effectively 7 respond to youth access problems. 8 SD-63. Consumer Small Loans 9 Issue: Consumer small loans, also known as “payday loans,” are short-term cash loans based on 10 the borrower's personal check held for future deposit or on electronic access to the borrower's bank 11 account. Borrowers write a personal check for the amount borrowed plus the finance charge and 12 receive cash. In some cases, borrowers sign over electronic access to their bank accounts to receive 13 and repay payday loans. Lenders hold the checks until the borrower’s next payday when loans and 14 the finance charge must be paid in one lump sum. 15 Consumer small loans are typically predatory in nature. According to Debt.org, an organization 16 dedicated to helping consumers understand and overcome debt, predatory lenders typically target 17 minorities, the poor, the elderly and the less educated. They also prey on people who need 18 immediate cash for emergencies such as paying medical bills, making a home repair or car 19 payment. These lenders also target borrowers that do not qualify for conventional loans or lines of 20 credit due to credit problems or unemployment. 21 Response: The League of Minnesota Cities seeks statewide legislation that would protect 22 consumer small loan borrowers against predatory lending practices. Also, cities should have 23 explicit authority to regulate consumer small loan conditions including the ability to cap 24 finance charges and interest rates. 25 74 SD-64. Regulation of Mobile Businesses 1 Issue: The transient nature of mobile businesses presents unique challenges to traditional city 2 zoning and permitting and may create an unfair competitive advantage over traditional businesses 3 that pay property taxes and generate income for a city. Cities also make significant investments in 4 the development of retail districts and downtowns and have a strong interest in maintaining a level 5 playing field for brick and mortar establishments. 6 Minnesota has seen a sharp increase in the number of food trucks (Mobile Food Units) operating 7 throughout the state. Food trucks are licensed as food and beverage service establishments by the 8 Minnesota Department of Health (MDH) or by local jurisdictions pursuant to an MDH delegation 9 agreement. Food trucks are prohibited from operating in the same location for more than 21 days 10 without approval of the regulatory authority. 11 In 2015, the Legislature authorized the Board of Cosmetologist Examiners to adopt rules 12 governing the licensure, operation and inspection of “Mobile Salons” which are operated in a 13 mobile vehicle or mobile structure for exclusive use to offer personal services defined in Minn. 14 Stat. § 155A.23, subd. 3. The rules must prohibit mobile salons from violating reasonable 15 municipal restrictions on time and place of operation of a mobile salon within its jurisdiction, and 16 shall establish penalties, up to and including revocation of a license, for repeated violations of 17 municipal laws. 18 Response: It is appropriate for mobile businesses to be licensed by the state or its designees in 19 the same manner as non-mobile business establishments. Such state regulation must not 20 preempt the ability of local governments to enact reasonable time and place restrictions on 21 the operation of mobile businesses within their jurisdictions. 22 SD-65. Regulation of Party Buses and Boats-for-Hire 23 Issue: A party bus (also known as a party ride, limo bus, limousine bus, party van, or luxury bus) 24 is a large motor vehicle usually derived from a conventional (school) bus or coach, but modified 25 and designed to carry 8 or more people for recreational purposes. In Minnesota, these vehicles are 26 regulated by default under Minn. Stat. ch. 221 (the chapter of law dealing with motor carriers) and 27 75 registered by the Minnesota Dept. of Transportation’s (MnDOT’s) Office of Freight and 1 Commercial Vehicle Operations. The regulations require operators to carry commercial insurance, 2 have an annual vehicle inspection and be registered with the state. Party bus drivers are required to 3 hold a current commercial driver’s license (CDL) issued through the Minnesota Dept. of Public 4 Safety’s Driver and Vehicle Services Division. 5 A boat-for-hire is a watercraft used by owners and operators to carry passengers for hire. Minn. 6 Stat. § 326B.94 and Minn. Rules 5225.6000 through 5225.7200 govern the requirements of boat 7 owners and operators carrying passengers for hire on Minnesota’s inland waters. These vessels 8 must have a permit to carry passengers for hire. They must have an annual safety inspection and a 9 dry-dock inspection performed by Minnesota Department of Labor and Industry boiler inspection 10 personnel once every three years (or annually if the hull is made of wood). The vessels must also 11 be operated by a licensed master and must follow all Minnesota Dept. of Natural Resources’ 12 boating and water recreation regulations. 13 Party buses and boats-for-hire are sometimes chartered for celebrations such as weddings, proms, 14 bachelor and bachelorette parties, birthdays and tours. Party buses are also popular for round trips 15 to casinos and sporting events, and personalized drop-offs and pick-ups at various bars and 16 nightclubs. Additionally, both party buses and boats-for-hire have become popular settings for 17 adult entertainment. 18 Cities have seen a sharp increase in the number of party buses and boats-for-hire being used as 19 venues for illegal activities such as underage drinking, drug use and sex trafficking. The transient 20 nature of party buses and boats-for-hire presents unique challenges to traditional city zoning, 21 permitting and law enforcement. While state laws regulate requirements for the operation of party 22 buses and boats-for-hire, the law is silent on enforcement, penalties, inspection and liability related 23 to illegal activities that occur in party buses and on boats-for-hire. 24 Response: The League of Minnesota Cities supports changes to state statutes that would help 25 reduce criminal activities taking place on party buses and boats-for-hire. Specifically, the 26 League supports: 27 76 a) Creation of statutory definitions of “party bus” and “boat-for-hire” that contain 1 permissible uses of the vehicles; 2 b) Prohibition on offering or allowing “adult entertainment” as defined by Minn. Stat. § 3 617.242, “sexual conduct” as defined by Minn. Stat. § 617.241, or “nudity” as defined by 4 Minn. Stat. § 617.292, subd. 3, on party buses and boats-for-hire; 5 c) Explicit authority for peace officers to investigate suspicious activities on party buses and 6 boats-for-hire and to cite individuals on board who are involved in illegal activities; and 7 d) Requiring the appropriate authority to utilize existing authority to impose fines, or to 8 deny, suspend, or revoke permits or registration certificates held by operators found to 9 have adult entertainment, drug, or underage consumption violations. 10 SD-66. Environmental Protection 11 Issue: Cities demonstrate strong stewardship for the protection and preservation of the 12 environment. Minnesota municipalities have historically been the leading funding source for 13 environmental protection and improvements. Municipal efforts include environmental protection 14 through wastewater treatment, wetland restorations, stormwater treatment, public utility emission 15 reductions, brownfield cleanup, safe drinking water programs, as well as others. 16 At some point, however, the diminishing or nonexistent environmental benefit received from 17 additional efforts is fiscally irresponsible. The programs are often improperly designed to meet 18 their stated goals. Additionally, the absence of funding by the state and federal government has 19 removed an essential restraining feature in program design and implementation. Agencies are less 20 accountable to the governments that mandate environmental programs when they do not have to 21 find the money to implement the programs. 22 Specific problems faced by cities include: 23 e) New programs or standards are continually adopted without regard to the existence, 24 attainability or cost of existing programs and standards. 25 77 f) Regulatory bodies fail to consistently use the best science available and the most current and 1 accurate data when establishing water quality standards. 2 g) Regulatory bodies impose new permit requirements without going through rulemaking. 3 Instead, the agencies rely on internal documents, program strategies, and “best professional 4 judgment of staff” when setting permit criteria. 5 h) Regulatory bodies approve permits and programs that compete with traditional municipal 6 services and encourage urban sprawl. This behavior puts at risk the public investments and 7 growth management efforts cities have made when planning for future development. 8 i) Permit fees and other cost-transfer elements of federal and state programs do not provide an 9 incentive for environmental agency efficiency, policy prioritization or risk assessment. 10 Additionally, all residents of the state contribute to the need for wastewater, drinking water, 11 and stormwater treatment and benefit from the resulting improved water quality. These factors 12 make the state general fund an appropriate source for significant portions of state water 13 program funding. 14 j) Third-party environmental advocacy groups create significant hardships on cities by 15 threatening litigation even when the best science available may not support the groups’ 16 positions. 17 k) Cities are often required to pay the cost of removing problem materials from the waste stream, 18 rather than preventing the problem at the consumer product or manufacturing level. 19 Response: Alternative wastewater treatment and cooperative service systems should be 20 prohibited from operating in areas that can reasonably and effectively be served by existing 21 municipal systems, unless: 22 a) The municipal system is proven to be substantially less cost-effective and substantially 23 less beneficial to the environment; and 24 b) The operation of these systems will not create a stranded public investment in the existing 25 system. 26 78 Sufficient state and federal financial assistance should be provided to local governments 1 when complying with state and federal infrastructure requirements, particularly with regard 2 to wastewater, stormwater, and drinking water facilities. 3 The Minnesota Pollution Control Agency (MPCA) should streamline its permitting and re-4 issuing processes to allow for effluent standards and permit requirements to be known 5 earlier, thereby giving communities more time to defend against contested case hearings. 6 The Legislature should require the MPCA to make its determination regarding permit-7 required submittals, permit modifications, and the reissuance of a permit within a 8 reasonable set time period, and require the MPCA to make its determinations and reissue 9 the permit within that reasonable set time frame. 10 The state should ensure townships are required to meet the same environmental protection 11 and regulatory requirements as cities. 12 Legislation should be passed that requires state agencies to establish permit requirements 13 only when the criteria they are using is developed through the rule-making process. 14 State agencies need to develop science-based standards and quantify new effluent standards, 15 ensuring that they are scientifically and economically practicable. State and federal agencies 16 should coordinate and integrate their monitoring data to assure that all pertinent data is 17 available and utilized. 18 The state general fund is an appropriate source for state water program funding. Municipal 19 water permit fees should only be increased if new revenue is needed because of increased 20 costs of processing municipal water permits or if the funds would go for specific scientific 21 research, technical and financial support for cities, or agency staffing needed by cities to 22 address environmental and public health concerns, not as a means to generate new revenue 23 to cover other budget shortfalls. 24 Additionally, the Legislature should create effective, producer-led reduction, reuse, and 25 recycling programs to deal with a product’s lifecycle impacts from design through end-of-life 26 management and should regulate products and compounds that damage water quality, sewer 27 79 collection, stormwater or wastewater treatment systems at the consumer and manufacturing 1 levels, not just at the treatment and infrastructure maintenance level. Examples include 2 requiring accurate labeling as to whether disposable wipes can be safely flushed and creating 3 incentives for private salt applicators to reduce the volume of salt they apply. 4 SD-67. Impaired Waters 5 Issue: Despite the billions of dollars that Minnesota municipalities have invested and continue to 6 invest in wastewater and stormwater management systems, and best management practices to 7 protect, preserve, and restore the quality of Minnesota’s surface waters, the quality of some of 8 Minnesota’s surface waters does not meet federal water quality requirements. The federal Clean 9 Water Act requires that further efforts be made by the state to reduce human impacts on surface 10 waters that are determined to be impaired due to high pollutant loads of nutrients, bacteria, 11 sediment, mercury, and other contaminants. Scientific studies of these waters must be conducted to 12 determine how much pollution they can handle (Total Maximum Daily Loads, or TMDLs). The 13 pollutant load reduction requirements will affect municipal, industrial, and agricultural practices 14 and operations along any river, stream or lake determined to be impaired. While the sources of 86 15 percent of the pollutants affecting Minnesota waters are non-point sources, there will also be new 16 costs and requirements for point-source dischargers, like municipal wastewater treatment facilities. 17 Municipal stormwater systems will also face increased protective requirements and regulation as 18 part of the state’s impaired waters program. 19 Response: The League of Minnesota Cities will work actively with the administration, the 20 Legislature, and other stakeholders in the design and implementation of Minnesota’s 21 impaired waters program to: 22 a) Ensure equitable funding solutions are found, such as the state general fund or bonding, 23 that broadly collect revenue to address this statewide problem; 24 b) Support legislative appropriation of constitutionally dedicated clean water revenues that 25 will supplement traditional sources of funding for these purposes, not be used to cover 26 budget cuts, backfill past program reductions, or to otherwise supplant normal state 27 spending on water programs; 28 80 c) Direct the majority of funds collected by the state for impaired waters into programs that 1 fund municipal wastewater and stormwater projects, and for state programs needed for 2 municipal wastewater and stormwater permitting and technical support, including the 3 Clean Water Revolving Loan Fund, Wastewater Infrastructure Fund, TMDL Grants 4 Program, Small Community Wastewater Treatment Grant and Loan Program, and other 5 state programs that provide financial resources for city wastewater treatment facilities, 6 septic tank replacement, stormwater management projects, and other city water quality 7 improvement and protection projects; 8 d) More adequately cover the current five-year wastewater infrastructure funding need 9 projection of more than $1.65 billion; 10 e) Recognize and address the upcoming costs of stormwater management infrastructure 11 and operation on municipalities from new regulatory mandates and load reduction 12 requirements; 13 f) Allow flexibility in achieving pollutant load reductions and limitations through offsets or 14 trading of pollutant load reduction credits for both point and non-point load reduction 15 requirements within watersheds; 16 g) Recognize and credit the work underway and already completed by local units of 17 government to limit point and non-point source water pollutant discharges; 18 h) Recognize the diversity of efforts and needs that exists across the state; 19 i) Ensure the best science available is used to accurately determine the sources of pollutant 20 load in order to maximize positive environmental outcomes and minimize unnecessary 21 regulatory and financial burdens for cities by correctly accounting for and addressing 22 agricultural and other non-point pollutant sources; 23 j) Ensure the state requires that the MPCA retain control of the TMDL development 24 process and that all scientific research related to TMDLs is conducted by the MPCA or 25 qualified, objective parties pursuant to state contracting, procurement, and conflict of 26 interest laws; and 27 81 k) Clarify state water quality mandates so cities know specifically what they are required to 1 do and what methods of achieving those outcomes are acceptable to state and federal 2 regulators. 3 SD-68. Municipal Public Water Supplies 4 Issue: Essential residential water supplies provided by public water supply systems are classified 5 as the highest priority for the use of public water under Minn. Stat. §103G.261. Minnesota cities 6 spend significant resources meeting their responsibility to providing safe, reliable, affordable water 7 to their residents in a sustainable manner. That is an essential element in assuring a healthy and 8 stable future for public health, the environment, and economic development. As a result, municipal 9 water suppliers have collected some of the most current and accurate information available on 10 local water conditions. 11 The state requires extensive planning and permitting processes for municipal water suppliers to 12 document that their systems are drawing water at sustainable levels, that the water is safe for 13 human consumption, that they have land use controls in place to protect public water supplies from 14 contamination, that adequate plans exist for emergency and high demand situations, and that rate 15 structures meet state statutory requirements. Those systems are constantly becoming more 16 technologically, environmentally, and economically efficient. City water suppliers have invested 17 many billions of dollars to develop their utility systems and infrastructure in a manner that meets 18 those criteria. 19 Demand and supply sides of this issue are being addressed throughout the state. Cities have 20 established educational programs, incentives, and local water use restrictions to further improve 21 water conservation efforts, while appliances and plumbing fixtures are becoming more efficient in 22 their water use. Furthermore, stormwater is being infiltrated into the ground at unprecedented 23 levels as part of municipal stormwater permit requirements and is being redirected for irrigation 24 purposes in some cities. 25 Despite those efforts, there are places in the state where monitoring data indicates that water may 26 be being used faster than the supply can sustain, particularly in the case of underground aquifers. 27 These issues are very complex, however, and causes and effects are not always easily documented 28 82 or understood. City water supplies are not the only users of that water, either. Industries, smaller 1 private wells, agricultural operations, irrigation systems, and contamination containment and 2 treatment can all be major drains on local water supplies. 3 Hard facts and sound science need to be used to determine the best courses of action to assure that 4 safe, reliable, affordable water supplies are available to future Minnesotans. Those approaches will 5 vary considerably depending on local water and soil conditions, the types and sizes of users, and 6 the quantity and quality of available water. They also need to be coordinated between the many 7 state entities that play a role in water management and regulations so that scarce local resources 8 are not wasted and efforts are not counterproductive to other priority environmental and public 9 health results. 10 Response: The state should lead the development of sound scientific information on water 11 supply, aquifer recharge, and groundwater availability and quality, making good use of the 12 existing studies, data, and staff expertise of municipal water suppliers. 13 The state should also be working to remove barriers to water re-use, aquifer recharge, 14 encouraging cultural changes in water use practices, applying technology for smart water 15 use, exploring impacts and creative mitigation options at contaminated sites, on ways to 16 incent and enable alternate uses of stormwater, and ways to make sure that all water users 17 play a role in ensuring that water supplies are being managed in a manner that is sustainable 18 for future residents. Those solutions need to keep in mind that essential residential water use 19 is the highest preferred use of public water supplies. 20 Finally, in cases where sound management of water resources will require substantial 21 modifications in public water systems that were previously determined to be adequate, the 22 state needs to be a partner in developing cost-effective solutions and in providing the 23 technical and financial resources to make those changes to prevent communities from being 24 economically uncompetitive. 25 83 SD-69. Municipal Electric Utilities 1 Issue: Municipal electric utilities provide essential community services to many Minnesota cities. 2 The League of Minnesota Cities works closely with the Minnesota Municipal Utilities Association 3 (MMUA) to identify issues of concern and to support their legislative and administrative efforts to 4 address them. 5 How those entities are regulated by the state, how their service territory is defined and amended, 6 how their very limited customer base is protected, and how they are treated in relation to other 7 types of electric utilities is important to them remaining affordable, efficient, and effective. 8 Currently, the legislative proposals have been made to allow unregulated third-party electricity 9 sales from generators directly to the customer, circumventing long-established consumer 10 protections. In some cases, municipal utilities would be required to “wheel” energy from third 11 parties across their power lines to retail customers in violation of the utility’s exclusive service 12 area rights. 13 Another way to arrange third-party sales is by selling electricity from solar panels or other 14 generating equipment sited on a consumer’s own property to retail customers, while maintaining 15 ownership of those panels or equipment. The equipment owner would charge for electricity it 16 provides, yet rely on the local utility to provide reliable service to the customer at all other times. 17 While such arrangements may seem convenient to an unregulated third-party, they come at a 18 significant cost to the utilities and subsequently, to the rate payers of that utility. 19 Providing municipal reliable utility services comes with certain unavoidable expenses such as 20 electric generation, power lines, poles, and substations. These types of fixed costs are on-going and 21 should be equitably shared by the local customers. However, both current and previously proposed 22 changes to state law would give third-party providers an advantage subsidized by the remaining 23 rate payers and/or taxpayer. 24 Response: The legislature should support and maintain the current regulatory compact, and 25 recognize the value of the dependable services provided by municipal utilities, and the fact 26 that municipal utilities are accountable directly to the citizens. Further, the legislature 27 84 should reject giving third-party providers any advantage over municipal utilities, as well as 1 any other effort to de-regulate utilities. 2 Additionally, current state practice is for the Department of Commerce and Public Utility 3 Commission to require payment of quarterly fees on municipal utilities to the Department of 4 Commerce three quarters in advance. The state should bill for those fees only for the 5 upcoming quarter. 6 SD-70. State Support for Municipal Energy Policy Goals 7 Issue: The State of Minnesota has adopted an aggressive energy policy focusing on the promotion 8 of energy efficiency and the expansion of renewable energy with the goal of achieving a reduction 9 in carbon generation through reduced use of fossil fuels. To meet state energy and greenhouse gas 10 reduction goals, efforts at the city level will be essential. That local work will generate significant 11 economic benefits both in communities where it is done and more broadly, as industries and 12 professional contractors expand their services throughout the state. 13 Minnesota cities share this goal, as demonstrated by over 140 cities voluntarily participating in the 14 GreenStep Cities program. However, already strained budgets and reserves at the state and local 15 level have limited the ability of the state to assist local units of government in furthering specific 16 projects that support the overall state goal. In addition, institutional knowledge and capacity of 17 most cities limits their ability to explore energy efficiency or renewable energy projects, even 18 projects whose energy “payback” could finance project capital costs. 19 As the role cities are playing in reducing energy use and developing renewable energy generation 20 expands, how those efforts are affected by electric utility practices also becomes more important. 21 Utility billing is not consistent between electric utilities, with many using different rate categories, 22 significantly complicating B3 benchmarking reporting and billing transparency. For projects on 23 which a utility provides capital, the length of time over which city projects are amortized can also 24 be extended to the point that energy cost savings are eliminated, even with substantial demand 25 reductions. The application of demand and peak demand rates in repayment schedules can also 26 reduce or eliminate energy cost savings. 27 85 Response: The League of Minnesota Cities calls on our legislators and state executive 1 agencies charged with accomplishing the state’s energy policy goals to assist cities, townships 2 and counties with tailored efforts to identify appropriate energy efficiency and renewable 3 energy projects for undertaking at the local level. Among those tools, the state should: 4 a) Provide grants to support the development of local climate action and adaptation plans 5 and tie those plans to funding made available to implement them; 6 b) Where possible, build on existing assistance and incentive programs to limit duplication 7 of effort, improve efficiency, and minimize new tracking and reporting requirements; 8 c) Help ensure that reduced energy use results in reduced energy costs by addressing 9 problems with amortization timing; 10 d) Have laws that allow and support utility grant and loan programs; 11 e) Create a grant program to assist in covering local capital costs to install solar energy 12 systems on public buildings; 13 f) Use proceeds from the Renewable Development Fund to support local government 14 projects; 15 g) Provide increased flexibility for utilities to work with local government; 16 h) Support development of a unified electric energy billing and usage structure that is easily 17 imported into a B3 Benchmarking tracking system; 18 i) Develop a framework that allows Property Assessed Clean Energy Programs; 19 j) Play an increased role in providing a comprehensive network of charging stations to 20 support a transition to electric vehicles and equitable access to charging stations; 21 k) Create a grant and loan program to offset start-up capital expenses for projects identified 22 where the savings in energy costs can offset capital project costs or where projects are 23 needed to meet energy policy goals; 24 86 l) Clarify state law so that cities may use public utility franchise agreements to advance 1 energy policy goals, and; 2 m) Recognize that for the state to meet its goals, hands-on state energy agency technical 3 expertise needs to be made available to cities at no cost. 4 SD-71. Urban Forest Management Funding* 5 Issue: Urban forests are an essential part of city infrastructure. Dutch elm disease, oak wilt 6 disease, drought, storms, and emerald ash borer threaten our investment in trees. The costs for 7 control and removal can be catastrophic and put pressure on city budgets. The Minnesota 8 Department of Natural Resources, through its Urban and Community Forestry program, and the 9 Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program, 10 currently have regulatory authority to direct tree sanitation and control programs. Although these 11 programs allow for addressing some tree disease, pest, and other problems, funding levels have 12 been inadequate to meet the need of cities to build capacity for urban tree programs and respond to 13 catastrophic problems. Cities share the goal of the state’s Releaf Program—promoting and funding 14 the inventory, planning, planting, maintenance, and improvement of trees in cities throughout the 15 state. In addition, economic gains for stormwater management, tourism, recreation, and other 16 benefits must be protected from tree loss. A lack of timely investment in urban forests costs cities 17 significantly more in the long run. 18 Further, more and more cities are facing immediate costs for the identification, removal, 19 replacement, and treatment of emerald ash borer (EAB) as it spreads across the state. The state has 20 no program to assist cities in covering those expenses. 21 Response: The League of Minnesota Cities supports funding from the general fund or other 22 appropriate state funds for a state matching grant program to assist cities with building 23 capacity for urban forest management and meeting the costs of preparing for, and 24 responding to, catastrophic urban forest problems, including emerald ash borer. The state 25 should establish an ongoing grant program with at least $15 million per year that is usable 26 for those activities. 27 87 Specifically, direct grants to cities are desperately needed for the identification, removal, 1 replacement, and treatment of trees related to management of EAB. The state should 2 establish an ongoing grant program with at least $5 million per year that is usable for those 3 activities. 4 SD-72. City Pesticide Application Authority* 5 Issue: Current state law in Minn. Stat. § 18B.09 limits city authority to an ordinance requiring 6 warning signs after pesticide application. was amended in 2023 to allow cities of the first class to 7 prohibit the application or use of certain pesticides designated by the state as “pollinator-lethal,” 8 with a list of uses that would still be allowed. With many cities working to increase pollinator-9 friendly habitat and reduce the impact of pesticide usage known to be lethal to pollinators, cities 10 are seeking further tools to meet those public expectations. With small lot sizes, primarily non-11 agricultural property uses, increased state and local promotion of natural landscaping, and dense 12 residential concentrations, cities often find that the broader state pesticide regulations are not 13 adequately protective of pollinators and are seeking additional state authority to address these 14 issues in their communities. 15 Response: The state legislature should further amend Minn. Stat. § 18B.09 to allow cities of 16 any size to opt to restrict the application or use of Minnesota Department of Agriculture 17 designated pollinator-lethal pesticides within their community and require the Minnesota 18 Department of Agriculture to maintain a list of which pesticides include pollinator protection 19 boxes in their labeling or precautionary pollinator or bee warnings in the environmental 20 hazards section of their labeling. 21 SD-73. Election Issues* 22 Issue: Cities play an important role in administering state and federal election law and conducting 23 voting activities. 24 Response: To strengthen the effectiveness of elections administration, the Legislature should: 25 88 a) Seek the input of cities, townships, counties, and school districts on proposed changes to 1 voter registration, election law, and needed improvements and updates to the Statewide 2 Voter Registration System; 3 b) Amend the timeline for candidate filings in cities without a primary so that the final day 4 of filing is prior to the August primary date and align the date when city and school 5 district ballot questions must be submitted to the county to match the close of candidate 6 filing; 7 c) Expedite court action to resolve candidate eligibility related to residency in errors and 8 omissions proceedings; and 9 d) Eliminate redundant audio testing of assistive voting technology and equipment by 10 election judges in precinct polling places on Election Day; and 11 d)e) Increasing flexibility for elections administrators to purchase assistive voting 12 equipment and technology that best meets the needs of voters with disabilities. 13 e)f) Support local governments with ongoing and sufficient funding through the Voting 14 Operations, Technology, and Election Resources Account (VOTER) fund to provide 15 cities with resources to conduct elections and meet the mandated requirements set forth 16 in statute. to upgrade dated and aging elections equipment and provide accessibility 17 measures at polling places. 18 SD-74. Administering Absentee Balloting and Early Voting* 19 Issue: Eligible voters in Minnesota may vote by absentee ballot prior to Election Day. Starting 46 20 days before the election, a voter can request an application for an absentee ballot and, if approved, 21 receive and cast an absentee ballot in one visit to their county or city election offices. Ballots can 22 also be requested, applied for and received by mail and returned by the voter to the election office 23 by 3:00 pm on Election Day or by 8:00 pm on Election Day if delivered by mail or package 24 delivery. Absentee balloting results are not known until combined with polling place results when 25 the polls close on Election Day. 26 89 The process for voting by absentee ballot in-person was changed during the 2023 legislative 1 session to establish early voting for the 18 days leading up to an election. Early voting will replace 2 direct balloting, allowing voters to vote in person as they would on election day without filling out 3 an absentee ballot application. Until early voting is implemented the direct balloting timeline has 4 also been extended to the 18 days leading up to an election. The law also established additional 5 non-business hours that cities administering absentee balloting must be open for early voting, 6 including extended evening hours on the Tuesday before the election and required weekend hours 7 for the two Saturdays and one Sunday leading up to election day. While the extended timeline for 8 early voting allows for additional time to process absentee ballots and the early voting process 9 creates some efficiencies, the mandated extended hours require additional staff and resources for 10 cities that administer absentee balloting. 11 For those voting absentee in-person, the absentee ballot application process is burdensome and 12 confusing as voters expect the same process they encounter in their polling place on Election Day. 13 The application process should be replaced by having the voter verify their identity on a paper or 14 electronic roster. Currently electronic signatures are not allowed by state law; having the authority 15 to use electronic signatures would make the process more efficient. Streamlining the voter check-16 in procedures would increase efficiency and decrease the time voters spend in line waiting to cast 17 their absentee ballot. 18 Minn. Stat. § 203B.121, subd. 4 stipulates that at the close of business on the seventh day before 19 Election Day, elections administrators can begin processing absentee ballots received by mail and 20 accepted. At the beginning of the seventh day before Election Day, in-person absentee voters can 21 place their ballots directly into a tabulator (Minn. Stat. § 203B.081, subd. 3). If a voter who has 22 voted absentee prior to the seventh day before Election Day wishes to “claw back” their ballot and 23 receive a new ballot, they are able to do so through the seventh day. Once direct balloting begins, a 24 voter should no longer be able to “claw back” a ballot. Additionally, opening absentee ballots that 25 have been accepted should begin at the beginning of the day on the seventh day before Election 26 Day. 27 For those who vote absentee in-person prior to the seven 18 days before Election Day, there is 28 confusion and in some cases, frustration that they are not allowed to place their ballots directly into 29 90 a tabulator. To match the voter experience to be the same as they would experience on election day 1 and respond to the voter demand to vote early, this time period should be increased from seven to 2 the full 46 days before Election Day. Additionally, a A voter can request to place their ballot in a 3 series of envelopes similar to those returned by mail to be processed after they have left the 4 building. Few, if any, voters request to place their ballot into envelopes. 5 State law allows alternative sites for conducting absentee balloting but requires that these sites 6 remain open for the full 46 days prior to Election Day. For some jurisdictions, staffing alternative 7 sites for the full 46 days is not efficient as these sites may be underutilized until closer to Election 8 Day. Cities should be able to determine the length of time most appropriate for alternative sites to 9 meet the voting demands of their residents. As required by state law, voters would maintain the 10 ability to vote in-person absentee during the full 46-day period at city halls. 11 Current law allows for in-person absentee voting until 5:00 p.m. on the day before Election Day. 12 This does not leave adequate time for election officials to process absentee ballots, prepare 13 supplemental lists indicating which voters have already cast absentee ballots and deliver the lists to 14 precincts prior to opening of the polls on Election Day. The current absentee voting process further 15 requires that additional supplemental lists of final absentee voters be delivered to the polls after the 16 last mail delivery on Election Day and often leads to administrative challenges and increased 17 potential for errors in the process. 18 There are several methods a voter can utilize to vote in each election. In addition to the 46-day 19 absentee voting period in which a voter may request a ballot by mail, a voter can also vote before 20 election day through direct balloting and early voting, vote during the extended hours required on 21 the Tuesday before a general election or the three weekend days required before a general election, 22 or a voter can vote on election day. Reviews of available voter participation data and anecdotal 23 observation by city clerks on in-person absentee participation prior to the 18th day indicate that it 24 accounts for as little as a tenth or less of total turnout in a given election. While Minnesota has a 25 long absentee balloting time, the most popular days for early voting are the 18 days before the 26 election. With the many opportunities provided to voters, including the new extended early voting 27 period, requiring all cities to conduct in-person absentee voting before the direct balloting and 28 early voting timeline begins may not be the most efficient use of resources for all cities. In most 29 91 cases, decisions made in partnership between cities and counties on appropriate service levels for 1 absentee voting tend to work best as local jurisdictions best know their communities and trends 2 regarding the demand for in-person voting. 3 As more and more voters choose to vote early with absentee balloting, improvements must be 4 made to increase efficiency of administering absentee balloting before Election Day, reduce the 5 potential for errors, and to improve voter experience. 6 Response: The League of Minnesota Cities supports: 7 a) Removing the paper application requirement for in-person absentee voters and allow 8 voters the option to apply electronically; 9 b) Amending state statute to allow elections administrators to begin processing accepted 10 absentee ballots when direct balloting begins at the beginning of the seventh day before 11 Election Day and subsequently, concluding the “claw back” period at the close of 12 business the day before; 13 c) Increasing the time period that an in-person absentee voter can place their ballot directly 14 into a tabulator from seven to 46 days; 15 d)a) Eliminating the option to place an in-person absentee ballot in a series of envelopes 16 instead of a tabulator; 17 e) Allowing alternative in-person absentee voting sites to be established for less than the full 18 46 days currently required by state law; 19 b) Establishing an earlier deadline for ending in-person absentee voting; 20 f)c) Allowing cities to only conduct early voting and opt-out of in-person absentee voting 21 before the early voting period. 22 d) Revising absentee ballot regulations to allow any person 18 and older to witness the 23 absentee process and sign the envelope as a witness; and 24 92 g)e) Providing ongoing resources to cities that administer absentee balloting and early 1 voting for the extended early voting period and additional weekend hours required 2 during a general election. 3 SD-75. Loss of Felon Voting Rights* 4 Issue: There is confusion as to when voting rights are restored to those convicted of a felony, and 5 notification of restoration is inconsistent or nonexistent. This very often leads to challenges placed 6 on Election Day rosters for those convicted of a felony who are not eligible to vote and election 7 judges must then challenge the voter and spend time and resources determining a voter’s 8 eligibility. It would be much clearer if the loss of voting rights occurred only when a person is 9 incarcerated. 10 Response: The League of Minnesota Cities opposes the loss of voting rights for those 11 convicted of a felony who serve the entirety of their sentence in the community and are not 12 incarcerated. If incarcerated, the League of Minnesota Cities supports the restoration of 13 voting rights to those convicted of a felony once they have completed their term of 14 incarceration. This will eliminate the administrative burden of challenging voters at the polls 15 and determining eligibility from various jurisdictions. This will also eliminate the need for 16 investigation by local law enforcement of those who have unknowingly registered to vote or 17 voted before their rights were restored. 18 SD-76. Write-in Candidates in City Elections* 19 Issue: For federal, state and county offices, write-in candidates are totaled together as one number 20 for write-in votes. If a candidate wants the write-in votes to be individually recorded, the candidate 21 must file a written request with the Secretary of State no later than seven days before the general or 22 special Election Day. This provides any declared write-in candidate the same provisions for 23 tabulation as a candidate whose name is printed on the ballot. Because this requirement does not 24 exist in city elections, city election officials are required to take considerable time and resources to 25 count and individually record write-in votes cast, many of which are frivolous. 26 Response: The League of Minnesota Cities supports legislation to: 27 93 a) give cities the option to require that write-in candidates for local elective offices file a 1 formal request with the chief election official at least seven days before the city election if 2 they wish to have their write-in votes individually recorded; and 3 b) allow the city clerk to only compile and report write-in votes for specific candidates if the 4 total number of write-in votes for an office is greater than or equal to the number of votes 5 received by the candidate appearing on the ballot receiving the fewest number of votes. 6 SD-77. Ranked Choice Voting* 7 Issue: Current law allows charter cities to consider and adopt Ranked Choice Voting (RCV) as an 8 alternative voting method in local elections. State statute does not extend this authority to statutory 9 cities. Additionally, there are no statewide standards for conducting RCV. The lack of consistent 10 guidelines on how to effectively implement a RCV system imposes significant challenges for 11 election administrators and voters. 12 The Office of the Secretary of State certifies voting systems for cities and counties across the state. 13 This process does not include the systems used for RCV elections. This makes it difficult for cities 14 to access voting systems approved by the state. 15 Minn. Stat. § 204D.11 and 206.90 require the use of one ballot only for a state general election 16 unless there is a need for a separate judicial ballot. To allow cities that have implemented RCV to 17 hold municipal elections in conjunction with a state general election, state statute must be amended 18 to allow for more than one ballot. 19 Response: The League of Minnesota Cities supports: 20 a) Legislation that would give statutory cities the same authority given to charter cities to 21 consider and adopt RCV. Any legislation should address and resolve any challenges with 22 RCV elections that run concurrently with other elections; 23 b) Statewide standards for those cities that choose to adopt RCV to ensure it is implemented 24 consistently throughout the state to give voters confidence in the fairness of the 25 alternative process of casting their ballots and in the outcome of such elections; 26 94 c) A state certification process for voting systems used in tabulating RCV elections; and 1 d) Allowing for the use of more than one ballot should a city with RCV conduct a municipal 2 election in conjunction with a state general election. 3 SD-78. Voter Assistance* 4 Issue: Increasingly, voters may need assistance with language translation. Currently state statute 5 does not allow for the hiring of language interpreters for the sole purpose of assisting voters with 6 ballot language interpretation; they must also be trained as and serve as election judges. This limits 7 the availability and access to language interpretation for voters. 8 The federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) provides the legal 9 basis for absentee voting requirements for U.S. citizens who are active members of the Uniformed 10 Services, the Merchant Marine, and the commissioned corps of the Public Health Service and the 11 National Oceanic and Atmospheric Administration, their eligible family members and U.S citizens 12 residing outside of the United States. This process allows a voter to complete a ballot 13 electronically and then return it via mail. Voters with disabilities may have assistive technology 14 within their homes that best meets their needs. Allowing them to receive a ballot electronically, 15 similarly to UOCAVA voters, would subsequently allow them to complete their ballot utilizing 16 their own personal assistive technology. State statute does not allow a voter to complete a ballot 17 electronically. 18 As election equipment and assistive technology continues to evolve, it is critical that local 19 elections administrators have flexibility in purchasing equipment and technology that will best 20 meet the needs of voters within their communities. 21 Response: The League of Minnesota Cities supports the ability of elections administrators to 22 respond to the needs of voters who may benefit from assistance to ensure the greatest level of 23 participation by those eligible to vote. This includes: 24 a) Allowing the hiring of second language interpreters to staff polling places; 25 b) Extending electronic voting to people with disabilities; and 26 95 c) Increasing flexibility for elections administrators to purchase assistive voting equipment 1 and technology that best meets the needs of voters with disabilities. 2 SD-79. Electronic Rosters 3 Issue: While electronic rosters (or “e-poll books”) may increase efficiency and decrease cost for 4 some cities, this may not be true for all. As cities explore the use of electronic rosters, data 5 collected from the Office of the Secretary of State and from jurisdictions that have used the 6 technology, may be helpful in determining next steps and to improve the process. Currently when 7 a voter verifies their identity at a polling place via an electronic roster, they sign a paper form. 8 State law does not allow voters to sign the e-poll book. 9 Response: As the Legislature continues to examine the use of electronic rosters, cities should 10 retain the option of utilizing this technology but should not be required to do so. If cities 11 choose to use e-poll books, the use of electronic signatures should be allowed to increase 12 efficiency. To ensure there is a paper copy of the signatures, the receipts printed by the 13 electronic rosters should include a copy of the voter’s signature. 14 SD-80. Election Judge Recruitment and Retention 15 Issue: Nearly 30,000 Minnesotans serve as election judges. The recruitment and retention of 16 election judges is a significant and essential component of administering elections throughout the 17 State of Minnesota. 18 State statute requires that precincts with more than 500 registered voters be assigned at least four 19 election judges and those with fewer than 500 registered voters be assigned at least three election 20 judges. Minn. Stat. § 204B.21 requires that at least two election judges in each precinct serve with 21 a different major political party designation, except for student trainee election judges. The 22 remaining election judges in a precinct can serve without an affiliation to a major political party 23 and no more than half the judges in a precinct may belong to the same major political party. 24 Statute specifically requires election judge party balance to perform four polling place activities: 25 assisting a voter in curbside voting; opening the ballot box; duplicating ballots; and in conducting 26 96 an election at a Healthcare Facility. Political party affiliation is also unnecessary in city special 1 elections when offices on the ballot are nonpartisan. 2 Minn. Stat. § 204B.19 allows high school students to be excused from school to serve as a trainee 3 election judge if the student submits a written request signed and approved by the student's parent 4 or guardian to be absent from school and a certificate from the appointing authority stating the 5 hours during which the student will serve as a trainee election judge to the principal of the school 6 at least ten days prior to the election. This process is not currently extended to college students 7 which has proven to be a barrier for recruiting college students to serve as election judges. 8 Additionally, teachers and college faculty are also allowed to take time off of work to serve as an 9 election judge. 10 Response: To ensure state requirements are met, party balance is maintained, and to expand 11 the opportunity of serving as an election judge to others, the League of Minnesota Cities 12 supports the following changes: 13 a) Authorize college students to get time off from classes if they have been appointed to 14 serve as an election judge; 15 b) Allow for one election judge affiliated with any major political party defined in Minn. 16 Stat. § 200.02, subd. 7 or minor political party in Minn. Stat. § 200.02, subd. 23 to 17 perform an election activity that requires party balance specifically outlined in statute 18 and based on the election judge’s oath that all will perform duties in a fair and impartial 19 manner and not attempt to create an advantage for any party or candidate. If partisan 20 requirements cannot be met because of late staffing changes in the polling place, then 21 cities should be allowed to meet party balance through an election judge who has not 22 declared a party affiliation; and 23 c) Require major political parties to provide updated lists of persons interested in serving as 24 election judges directly to cities and counties and on an ongoing basis so that recruitment 25 lists are timely to best assist cities in meeting party balance requirements. 26 97 SD-81. Mail Balloting* 1 Issue: Minn. Stat. § 204B.45 authorizes all non-metropolitan townships and cities with less than 2 400 registered voters located outside of the Minneapolis/St. Paul seven-county metropolitan area 3 to hold elections by mail. A city may conduct mail balloting for an individual precinct having 4 fewer than 100 registered voters, subject to the approval of the county auditor. 5 Staffing and equipment needs can be very costly and mail balloting is an efficient way of 6 conducting an election for cities that have lower numbers of registered voters regardless of 7 location in or outside the metro area. It is not uncommon for the redistricting process to create very 8 small precincts in the metro area that are more cost-effectively served by a mail balloting process. 9 Additionally, for special elections that historically have lower turnout, mail balloting could 10 increase voter participation. 11 Response: The League of Minnesota Cities supports allowing all cities to conduct mail 12 balloting. 13 SD-82. Modernizing Charter Amendment Process 14 Issue: Minn. Stat. § 410.12 outlines the process for amending city charters and one of the methods 15 is citizen petition and Minn. Rules 8205 provides specific criteria for formatting. City staff then 16 review the petition to determine if it is valid and has met statutory requirements for completion and 17 submission. To ensure that both citizens and city staff fully understand the requirements, clarifying 18 changes should be made. 19 Response: To improve the process for amending a city charter, the League of Minnesota 20 Cities supports: 21 a) Adding clarifying language regarding “registered voters”. These voters must be eligible 22 voters in the district for which the petition is being circulated who are in active status on 23 the statewide registration system at the time of petition verification and have not had a 24 name or address change since the most recent voter registration application was 25 submitted. 26 98 b) Ensuring that petitioners have access to the petition, public information lists used to 1 verify registered voters, and the examination log available for inspection on request of 2 any registered voter. 3 c) Revising Minn. Rules 8205 to ensure that formatting requirements are clear and up to 4 date. 5 SD-83. Presidential Nomination Primary 6 Issue: In 2016, the legislature passed into law a process for the state of Minnesota to conduct a 7 presidential nomination primary in 2020 for president of the United States. This is administered by 8 cities and counties much the same way elections are conducted. 9 Minn. Stat. § 207A.15 provides a process for local units of government to be reimbursed for 10 expenses incurred from conducting the primary. The Office of the Secretary of State (OSS) 11 submits to the Department of Management and Budget (MMB) an estimated cost of administering 12 the primary, and MMB provides funding to the OSS. That funding is then distributed to local units 13 of government as a reimbursement based on expense reporting submitted to the OSS. Because the 14 presidential nomination primary is a partisan activity administered on behalf of political parties, it 15 is critical that local units of government be reimbursed fully and that no cost be borne by cities. 16 Additionally, conducting a primary election by mail could conserve resources and potentially 17 increase voter participation. 18 Response: The League of Minnesota Cities supports: 19 a) Ensuring that local units of government are fully reimbursed for all anticipated and 20 unanticipated costs of conducting the presidential nomination primary; and 21 b) Allowing the presidential nomination primary to be conducted via mail balloting. 22 SD-84. Health Care Facility Voting* 23 Issue: Minn. Stat. § 203B.11 outlines the process for individuals living in health care facilities to 24 vote. Local election officials send teams of election judges to facilities such as nursing homes and 25 hospitals during the 20 35 days before the election. They distribute ballots to eligible residents of 26 99 the facility and provide assistance as needed. Allowing more time for this process would increase 1 resident ability to register to vote or apply for an absentee ballot and ensure their ballot is 2 submitted. 3 There have been instances when facility staff have refused entry to city elections officials to 4 provide health care facility outreach voting. It is essential that city staff are able to provide this 5 service to ensure that every eligible resident is able to vote should they choose to. 6 It is not uncommon for residents of health care facilities to move to different rooms or units within 7 a building. If their voter registration is tied to a specific unit within the building, they must re-8 register to vote after moving or their ballot may be rejected. This is unnecessary given the resident 9 still lives in the same facility. 10 The process for health care facility voting is required in precincts that conduct elections by mail. 11 This is confusing for residents and facility staff. This requirement should be eliminated in mail-12 only precincts though elections administrators should work to ensure that any new resident of a 13 facility is able to register and receive a ballot. 14 Response: It is critical that those living in health care facilities are able to vote securely and 15 with minimal complication. To do so, the League of Minnesota Cities supports amending 16 state law to increase flexibility for cities and health care facilities partnering in administering 17 elections. This includes: 18 a) Extending the time period that clerks are required to administer health care facility 19 voting up to 46 days before an election to coincide with the start of absentee voting 20 instead of the pre-registration deadline.; 21 b) Requiring entry into facility for city elections officials to ensure residents are able to vote; 22 c) Eliminating the need to include a specific room or unit number on voter registration or 23 absentee ballot applications of those living in health care facilities; and 24 d) Exempting mail-only precincts from also conducting health care facility voting while 25 ensuring that new residents are able to register and receive a ballot. 26 100 SD-85. Voters Experiencing Homelessness 1 Issue: Minnesotans experiencing homelessness are able to register to vote using the location of 2 where they usually sleep as defined in Minn. Stat. § 200.031. This could be an intersection or 3 shelter address. Because the voter does not have a permanent mailing address, the registration is 4 often challenged which then requires a voter to re-register each election. This process also requires 5 a registered voter in the precinct to vouch for that person which can be difficult to find when 6 experiencing homelessness. 7 For those experiencing homelessness, leaving their space and any belongings can potentially mean 8 losing them. This becomes a significant barrier to registering to vote and participating in elections. 9 Response: The League of Minnesota Cities supports the following to improve the process for 10 voters experiencing homelessness to safely and securely vote. 11 a) Update Minn. Stat § 200.031 to allow an eligible voter to designate a residential address 12 or the address of a facility or residential shelter, such as homeless shelter or woman’s 13 shelter, that assists people experiencing homelessness where their official election mail 14 may be sent and have that serve as the address for assigning a precinct and polling 15 location. 16 b) Allow cities to do outreach in areas with concentrated populations of those experiencing 17 homelessness to register people to vote, assist with applications for absentee ballots, and 18 issue and receive ballots in a process similar to Health Care Facility outreach. 19 SD-86. Voter Registration 20 Issue: While registering to vote is the most critical step an eligible voter must complete prior to 21 casting a ballot, it remains a complicated process and barrier to new voters. Procedures currently 22 utilized in the state have largely remained unchanged for many election cycles and fail to account 23 for changes in population demographics and increasing demands for non-traditional voting 24 methods. 25 101 Minn. Stat. § 201.061 currently stipulates that eligible voters may either register to vote no less 1 than 20 days prior to an election or on Election Day at their polling place. In addition to 2 completing the necessary paperwork, a potential voter is required to provide proof of identity and 3 residence. One option for proof of residence is to have a registered voter from the same voting 4 precinct vouch for the eligible voter. 5 The vouching process is a vital option for voters lacking current documentation but remains 6 challenging. While voters very likely know people in their neighborhood, this does not guarantee 7 they reside in the same voting precinct. Local roads are often used to divide voting precincts, thus 8 putting neighbors across the street in different precincts. This issue is even more prevalent for 9 voters experiencing homelessness where vouching is often the only viable option for registering. 10 Expanding the eligible vouching list to those who reside in the same city would provide further 11 flexibility to voters and allow election officials to still track the limit of 8 vouches per person. 12 Under Minn. Rules 8200.5100 the Secretary of State defines the list of acceptable documents that 13 voters may use for proof of residence. While there are many options currently authorized, many 14 comparable or similar documents are not currently allowed. The lack of consistency creates a great 15 deal of confusion for voters as to why documents providing the same information are not treated 16 the same. New emerging industries and services are also not accounted for. Consideration should 17 be given to adding documents like work paystubs, tax returns, mortgage closing paperwork, non-18 standard lease/rental agreements (Hotels, AirBnB, group homes), a social service agency letter 19 describing where a homeless voter lives, USPS address change verification, and other documents 20 issued by government entities. 21 Additionally, under Minn. Rules 8200.5100, voters may present bills due or dated within 30 days 22 of Election Day to meet proof of residence requirements. This timetable can be problematic when 23 the absentee voting period starts 46-days prior to the election. The 30-day window around Election 24 Day often results in some voters not having a current enough bill to register in the first few weeks 25 of absentee voting. It can be confusing for voters as to why their most current bill is not accepted 26 as proof of residence. Having a start date coincide with the start of absentee voting would provide 27 more voters access and remove confusion on the different deadlines. 28 102 Response: The League of Minnesota Cities supports modernizing current voter registration 1 procedures such as: 2 a) Expanding eligible vouchers to any registered voter in the same city. 3 b) Expanding the list of acceptable documents that can be used for proof of residence. 4 c) Expanding the current 30-day window for original bills that voters may utilize for 5 registration to coincide with the 46-day absentee voting period.6 103 SD-NEW A. Operation of Electric Assisted Bicycles* 1 Issue: Minn. Stat. § 169.222 treats electric assisted bicycles, or ebikes, as defined in Minn. Stat. § 2 169.011, subd. 27, with maximum capable speeds up to 28 miles per hour similarly to bicycles in 3 terms of rights and duties. The law provides limited local control and prohibits any person under 4 the age of 15 from operating them. Conversely, Minn. Stat. § 169.223 and 171.02, subd. 3, require 5 a driver’s license or motorized bicycle permit to operate motorized bicycles, which are defined in 6 in Minn. Stat. § 169.011, subd. 45, as having maximum capable speeds of 30 miles per hour. 7 With the advancements in ebike technology to provide similar maximum speeds as motorized 8 bicycles the differences between the two are semantic and there is no public safety difference with 9 their similar urban road speed capabilities. 10 Response: The League of Minnesota Cities supports modifying state statute to include the 11 same driver’s license or motorized bicycle/electric assisted bicycle permit for ebikes as it 12 currently does for motorized bicycles. The required permit training should advance ebike 13 rider safety. Ebike riders under 18 should be required to wear protective headgear just as is 14 currently required for motorized bicycle riders. The minimum age for both ebike and 15 motorized bicycle operation should remain 15 years old. No passengers should be allowed on 16 an ebike unless it was originally designed to safely carry more than one rider. Providing law 17 officers with better options for reasonable suspicion stops and violation citations will help to 18 prevent accidents and tragedies.19 104 IMPROVING LOCAL ECONOMIES LE-1. Growth Management and Annexation 1 Issue: Unplanned and uncontrolled growth has a negative environmental, fiscal, and 2 governmental impact on cities, counties, and the state because it increases the cost of providing 3 government services and results in the loss of natural resource areas and prime agricultural land. 4 Response: The League of Minnesota Cities believes the existing framework for guiding 5 growth and development primarily through local plans and controls adopted by local 6 governments should form the basis of a statewide planning policy, and that the state should 7 not adopt a mandatory comprehensive statewide planning process. Rather, the state 8 should: 9 a) Provide additional financial and technical assistance to local governments for 10 cooperative planning and growth management issues, particularly where new 11 comprehensive plans have been mandated by the Legislature; 12 b) Keep comprehensive planning timelines on a ten-year cycle due to the financial and 13 workload impacts these processes place on cities; 14 c) Clearly establish the public purposes served by existing statewide controls, such as 15 shore land zoning and wetlands conservation; clarify, simplify, and streamline these 16 controls; eliminate duplication in their administration; and fully defend and hold 17 harmless any local government sued for a “taking” as a result of executing state land-18 use policies; 19 d) Give cities broader authority to extend their zoning, subdivision, and other land-use 20 controls outside the city’s boundaries, regardless of the existence of county or township 21 controls, to ensure conformance with city facilities and services; 22 e) Clearly define and differentiate between urban and rural development and restrict 23 urban growth without municipal services or annexation agreements outside city 24 boundaries. This should contain a requirement that counties and joint power districts 25 105 that provide sewer, water, and other services, which have been traditionally provided 1 by cities, include as a condition of providing service the annexation of properties that 2 are the recipients of such services in cases where annexation is requested by a city that 3 could feasibly be providing those services; 4 f) Facilitate the annexation of urban land to cities by amending state statutes that regulate 5 annexation to make it easier for cities to annex developed or developing land within 6 unincorporated areas; 7 g) Oppose legislation that would reinstate the election requirement in contested 8 annexations; 9 h) Support legislation to prohibit detachment of parcels from cities unless approval of the 10 detachment has been granted by both the affected city and township and the affected 11 county has been notified prior to the city and township acting on the request; 12 i) Oppose legislation that allows orderly annexation agreements to be adopted that 13 prohibit annexation by other cities of property not being annexed under the agreement; 14 j) Encourage ideas consistent with the long-term goal of allowing urban development only 15 in areas currently or about to become urban or suburban in character; and 16 k) Establish stricter criteria on the amount cities can pay to townships as part of an 17 orderly annexation agreement so that payments to townships are limited to 18 reimbursement for lost property tax base for no more than a fixed number of years, 19 documented stranded assessments, and other items for which there is a clear nexus. 20 LE-2. Wildlife Management Areas 21 Issue: The Department of Natural Resources has been pressing for legislative requirements 22 creating development restrictions on property adjacent to land purchased by the state for hunting 23 and other conservation purposes. This issue has been increasingly controversial as urban growth 24 extends into areas previously considered rural and residential property owners are finding 25 themselves adjacent to public hunting land. With large amounts of new revenue going into state 26 106 land purchase for game and fish habitat and public access purposes because of the passage of the 1 constitutional amendment, these problems could occur even more frequently. 2 The solution being proposed will put local governments in the position of enforcing state land 3 use restrictions and would require extensive changes to local plans, controls and ordinances. It 4 would also create large numbers of nonconformities on properties within city limits and would 5 make state wildlife management areas far less desirable due to impacts on future city 6 development. 7 In rural areas, where this is less of a concern, counties and townships have the authority to object 8 to the state purchasing land for the outdoor recreation system for these very reasons. Cities do 9 not have that statutory right. Due to recent statutory changes (Minn. Stat. § 97A.137, subd. 4) 10 removing city authority to adopt ordinances related to firearm discharge, hunting and trapping 11 activity in wildlife management areas within their borders, these purchases should not occur 12 without city consent and input. 13 Response: The League of Minnesota Cities opposes the state imposing retroactive 14 development restrictions around existing wildlife management areas. 15 When purchasing state wildlife management areas and other conservation and outdoor 16 recreation system land, the state should either purchase sufficient land to provide an 17 internal buffer from surrounding development or purchase development rights to land 18 adjacent to the property if such a buffer is deemed essential to preserving the intended uses 19 for the property. This should be required for new land purchases and done where feasible 20 for existing wildlife management areas. 21 Furthermore, Minn. Stat. § 84.944 and § 97A.145 should be amended to include cities in 22 the local government notification and approval process the state must follow before 23 purchasing public land. 24 LE-3. Official State Mapping Responsibility 25 Issue: For many years, the Minnesota Department of Transportation (MnDOT) has provided the 26 mapping services to keep survey-level accuracy in place for the state’s official maps and records. 27 107 That information changes when roads are made or improved, and needs regular adjustment when 1 municipal boundary adjustments are made. The information is then used at all levels of 2 government to accurately determine property boundaries for transportation aid, utility service 3 boundaries, state and local funding formulas, election issues, and a number of other uses. 4 No state agency, however, has ever been statutorily provided with mapping responsibility and 5 MnDOT is not funded for providing that level of detail in its mapping. Because MnDOT, as an 6 agency, requires less specificity in its maps, a change has slowly been integrated to mostly 7 restrict MnDOT mapping to what changes occur in road ownership and responsibility, leaving 8 many mapping needs unmet for other users of boundary data. 9 Response: The League of Minnesota Cities supports legislation making a named state entity 10 the official provider of survey-level mapping for the state, including maps for municipal 11 boundary adjustments. The Legislature must provide the necessary appropriations to the 12 entity for providing that service. 13 LE-4. Electric Service Extension 14 Issue: Minnesota law preserves the right of municipal electric utilities to grow with the cities 15 they serve. Municipal electric utilities may grow either through application to the Minnesota 16 Public Utilities Commission (MPUC) or through condemnation proceedings. Eliminating 17 authority of municipal electric utilities to extend services, or making extension of municipal 18 electric service to annexed property unreasonably costly, would interfere with community 19 development and make it unfeasible for municipal electric utilities to serve properties located 20 within rural electric cooperative (REC) or other electric service provider service territory in 21 annexed areas, even if the REC or other electric utility had not served them prior to annexation. 22 Response: The League of Minnesota Cities opposes any attempt to remove or alter the 23 eminent domain option available to municipal electric utilities in state law, or to make it 24 financially unfeasible for municipal utilities to compensate rural electric cooperatives or 25 other electric utilities for serving future customers who reside in annexed areas where that 26 electric utility has not provided service. 27 108 LE-5. Statutory Approval Timelines 1 Issue: Cities since 1995 have been required to act on written requests relating to zoning, septic 2 systems, the expansion of Metropolitan Urban Service Areas (MUSA), and other land-use 3 applications in accordance with a statutory time period generally referred to as the 60-day rule. 4 Pursuant to Minn. Stat. § 15.99, state and local government agencies must approve or deny a 5 permit within a statutory timeframe. Failure by the agency to issue a specific denial of the 6 application is deemed an approval. 7 Minn. Stat. § 15.99 does not directly address whether an appeal of a decision triggers an 8 extension or is part of an original zoning request that must be handled within the 60- or 120-day 9 time period. In a 2004 Minnesota Court of Appeals decision, the court found that a zoning 10 application is not approved or denied for the purposes of Minn. Stat. § 15.99 until the city has 11 resolved all appeals challenging the application. Moreno v. City of Minneapolis, 676 N.W.2d 1 12 (Minn. Ct. App. 2004). According to the court, an appeal is not a request for a permit, license or 13 other governmental approval; therefore, it does not trigger a new 60-day time period. Under this 14 interpretation, a decision rendered by a zoning board or planning commission is not the final 15 approval or denial of an application if the city allows an appeal to the city council. 16 This court decision is problematic for a couple of reasons. Forcing cities to further condense the 17 process for considering planning and zoning applications will make it more difficult to gather 18 public input and leave less time for thoughtful deliberation by zoning boards and planning 19 commissions. It may also provide an incentive for cities to extend the original 60-day period in 20 every instance in order to build-in adequate time to consider possible appeals. 21 The Minnesota Supreme Court recently issued another 60-day rule decision that held that an 22 application to the Minneapolis Heritage Preservation Commission for a certificate of 23 appropriateness was a “written request related to zoning,” and therefore was subject to the 24 automatic approval provision of the 60-day rule. 500, LLC v. City of Minneapolis, 837 N.W. 2d 25 287 (Minn. 2013). This opinion creates ambiguity and uncertainty about what permit 26 applications are subject to the law. 27 109 Additionally, the statute does not allow for exceptions to the timelines in event of extenuating 1 local circumstances. If a state of emergency limits the ability of city staff to complete the work, it 2 should not result in a de facto approval of applications. Clarification is needed about how these 3 instances are fairly handled to ensure a fair public process can occur for all interested and 4 involved parties. 5 While the Legislature has clarified some aspects of this law, additional modifications are 6 necessary to assist cities in providing accurate and timely responses to applicants and to allow 7 adequate time for public input. Furthermore, as city staff and financial resources are increasingly 8 limited, flexibility in the length of approval timeline requirements may be needed at the local 9 level. 10 Response: The Legislature should repeal or amend Minn. Stat. § 15.99. If repeal is unlikely, 11 amendments should: 12 a) Increase the initial time limit to 90 days or have the language in Minn. Stat. § 15.99 13 apply as the default requirement only in cases where permitting bodies have not 14 established an independent approval timeline; 15 b) Clarify that approval does not abrogate the need for approvals under other applicable 16 federal, state or local requirements; 17 c) Provide appeal rights to adjacent property owners; 18 d) Clarify that, if requests are to be decided by a board, commission or other agent of a 19 governmental agency, and the decision of the board, commission or other agent is 20 adopted subject to appeal to the governing body of the agency, then the agency may 21 extend the 60-day time limit to resolve the appeal; and 22 e) More clearly define that the phrase “related to zoning” refers to a traditional land use 23 decision such as rezoning, conditional use permits, and variances. 24 f) To address states of emergency, add the following new language to the statute: (h) The 25 time limits in subdivision 2 and 3 are paused if the governor declares a state of 26 emergency under section 12.31. In cases described in these paragraphs, the deadlines in 27 110 the areas included in the emergency declaration remain paused until ten days after the 1 expiration of the state of emergency, applied to any written application awaiting action 2 that was submitted prior to or during the state of emergency. 3 LE-6. Maintenance of Retaining Walls Adjacent to Public Rights of Way 4 Issue: The Minnesota Constitution grants cities the power to “levy and collect assessments for 5 local improvements upon property benefited hereby.” Retaining walls are one of the many 6 improvements that a city is authorized to make on behalf of its citizens, and Minnesota’s special 7 assessment law, Minn. Stat. ch. 429, authorizes cities to charge special assessments on properties 8 that are benefitted by an improvement. 9 The Minnesota Court of Appeals held that the city of Minneapolis had a nondelegable duty of 10 lateral support to a property owner with a retaining wall abutting a city sidewalk. Howell v. City 11 of Minneapolis, 2013 WL 1707759 (April 22, 2013). A subsequent jury found that the city 12 created the need for lateral support when it built the street and sidewalk adjacent to the property, 13 making the city responsible for the maintenance the retaining wall, despite the fact that the 14 property is clearly benefitted by the retaining wall. 15 The special assessment statute anticipates the need for cities to create retaining walls when 16 making public improvements, and this holding could create significant costs for cities forced to 17 repair and maintain retaining walls that benefit a single property. A choice by a developer or 18 previous property owner to build a retaining wall to improve the value or usefulness of property 19 may appear to be necessary today, but determining who first created the need for lateral support 20 in the past can involve costly and time-consuming historical research that may not reveal a clear 21 answer. 22 Response: The Legislature should amend the special assessment statute so that retaining 23 walls needed to facilitate public improvements are treated the same as other local 24 improvements. In cases where retaining walls located along public rights of way or within 25 drainage and utility easements separate public improvements from adjacent properties, the 26 Legislature should establish a rebuttable presumption that the need for lateral support was 27 created by the property owner. 28 111 LE-7. Development Disputes 1 Issue: State law is clear that fees collected under Minn. Stat. ch. 462 are eligible for judicial 2 review in the event of dispute. The Legislature limited the timeframe during which an aggrieved 3 party may challenge planning and zoning fees to 60 days after approval of an application. 4 However, the law is not clear about what notice requirements to the municipality are necessary, 5 relative to the timing for a person aggrieved by an ordinance or decision under the municipal 6 planning act to seek review. 7 Response: The Legislature should amend Minn. Stat. § 462.361 to establish a 60-day time 8 limitation in which an aggrieved person may bring an action against the municipality. 9 LE-8. Foreclosure and Neighborhood Stabilization* 10 Issue: Cities dedicate scarce resources to address public safety and maintenance challenges 11 associated with foreclosed, vacant, and under-maintained homes. Left unaddressed, these 12 properties destabilize neighborhoods, depress neighborhood property values, and potentially 13 increase the costs of municipal services. Cities’ revenue also continues to decline due to 14 delinquent utility payments and property tax payments, as well as added costs for nuisance 15 abatements. Although the number of those mortgage foreclosures has stabilized somewhat since 16 the peak of the recession in 2008 and the height of the COVID-19 pandemic, issues surrounding 17 community recovery remain ongoing. 18 State and local governments can play an important role in spurring reinvestment in struggling 19 neighborhoods, but without additional resources to address the variety and costly impacts of 20 foreclosures and vacant properties, cities cannot maintain or increase those activities to meet 21 local needs. The federal government has provided funds for neighborhood stabilization and 22 direct mortgage assistance to residents, but such funds are limited in eligible uses and scope, and 23 they are only available to a limited number of cities. 24 Contracts for deed have been used to successfully buy and sell thousands of homes around 25 Minnesota. However, some property owners use contracts for deed as an alternative to a 26 traditional lease, even though the purchaser has no intention of buying the home. Some 27 112 communities have encountered a situation where a property owner is buying many homes in a 1 community, then selling them on contract for deed. This can allow a person to essentially act as 2 a landlord while evading a city’s rental inspection and rental licensing process, while the buyers 3 lose the traditional legal rights and protections as tenants. Many view it as a way to rent the 4 property and may not be aware of it being a contract for deed. 5 Numerous problems arise for cities and neighborhoods when property owners are acting 6 essentially as renters. It is difficult to determine who is responsible for maintaining the property 7 or for paying utility bills and property taxes, and cities may not be able to inspect substandard 8 properties if they are not subject to a lease agreement. In some situations, property owners may 9 wish to have a renter be the responsible party for utility bills and utilize contract for deed 10 arrangements to have the person living on the property be the responsible party. The property 11 may also not be recorded at the county for homesteading purposes if the buyer is not aware of the 12 formal change in ownership that results from a contract for deed. 13 In recent years, investor ownership of single-family housing stock has steadily increased as 14 investors including both small investors and large private equity companies have continued to 15 purchase large numbers of single-family homes to convert to residential rental uses. According to 16 the Minneapolis Federal Reserve Bank, investor-ownership rate for residential properties in the 17 metropolitan area has more than doubled since 2006from 2006 to 2015 but has since stabilized in 18 the past three years. While the The growing trend of investor ownership has stabilized, the 19 increase in single-family rental housing continues to impact city housing stock as investor 20 purchases of affordable single-family homes are often concentrated in lower income 21 neighborhood, which can remove homeownership opportunities and make it harder for lower-22 income households to compete in the housing market. While investor ownership creates single-23 family rental opportunities, strategies deployed by certain investors that seek to maximize profits 24 can lead to a deterioration of housing quality. 25 Response: The Legislature should: 26 a) Secure increased state and federal resources and provide financing tools to help cover 27 city costs associated with foreclosed and /or vacant properties, community revitalization 28 strategies, and community investment, including revenue sources for programs that 29 113 support foreclosure mitigation, homeownership counseling, and expanded 1 homeownership opportunities and are sustainable. 2 b) Explore additional city authority to Aallow cities to take more expedient actions 3 necessary to acquire tax forfeited property in order to protect foreclosed and/or vacant 4 homes from damage and to help preserve property values in neighborhoods where 5 concentrations of such conditions are present, including an expedited process to address 6 nuisance properties. 7 c) Reexamine the Contract for Deed statutes to mitigate predatory contract for deed 8 arrangements and ensure property owners adhere to local rental licensing 9 requirementsdetermine whether additional protections are necessary to prevent 10 property owners from evading responsibilities of a landlord, and provide local 11 jurisdictions resources to allow for education of future buyers and sellers in contract 12 for deed arrangements. 13 d) Support local authority for cities to collect all delinquent taxes, utility bills, liens, and 14 assessments on foreclosed, vacant, boarded and/or tax forfeited properties. 15 e) Improve notification to cities, and consistency in the information available to cities, 16 when a property is in the foreclosure process and vacated and advance policies that 17 make it easier for cities to step in during the tax forfeiture sale process in order to more 18 effectively address blighted properties. 19 f) Support coordinated responses to prevent foreclosures, activate and guide private 20 investment and home purchases, and support distressed neighborhoods. 21 g) Continue toSstudy and monitor the impacts on the housing market of investor-owned 22 homes and enact policy that provides cities with the tools to mitigate any negative 23 impacts on city housing stock and prospective homebuyers due to investor-owned 24 purchasing of homes without penalizing small investors and property owners. 25 h) Re-enact a program at the state level similar to “This Old House” to allow owners of 26 qualifying single-family homes or multi-unit rental properties to defer the increase in 27 114 tax capacity from repairs or improvements to their homestead property as an incentive 1 for cities to maintain housing stock or provide state assistance to cities who wish to 2 provide incentives for homeowners to make repairs and improvements to their 3 property. 4 i) Support programs that provide resources to cities for rehabilitation or new 5 construction of single-family homes, such as the Community Impact Fund and the 6 Community Fix Up Program currently administered through MN Housing Finance 7 Agency (MHFA).. 8 LE-9. Housing Policy* 9 Issue: Cities recognize that stable housing is essential to the health, safety, and welfare of 10 residents. Since the Fair Housing Act of 1968, and more recently with the recognition that 11 certain barriers to housing disparately impact certain members of our communities, local 12 government has been obligated to promote and reduce barriers to fair housing and equal 13 opportunity. For example, households with housing choice vouchers face many barriers to 14 securing housing in the private rental market, especially when rental vacancy rates are low. 15 Currently rental vacancy rates are at a historic low in much of the state. As a result, many 16 families and individuals may be unable to use their housing choice vouchers and thus unable to 17 secure safe, decent and affordable housing. Additionally, many renters and homeowners face 18 challenges from housing displacement due to rising costs, uninhabitable housing, and eviction 19 that exacerbates housing instability and homelessness. 20 Despite progress since the Fair Housing Act of 1968, households of color nevertheless 21 experience a gap in homeownership rates compared with white households and have faced 22 barriers to housing due to a history of housing policies and lending practices that 23 disproportionately benefit white households (i.e., application of GI bill largely only to white 24 soldiers returning from war, redlining, and restrictive covenants). According to the U.S. Census 25 Bureau and American Community Survey data, the homeownership rate in Minnesota for non-26 Hispanic White Americans has held consistently above 71%.is 78%, which is above the national 27 rate of 74.4% However, the homeownership rate for Black homeowners of color in Americans 28 Minnesota is 41.8%, which remains well below the lowest of all racial groupsnational black 29 115 homeownership rate of nationally at 41.8of 44 percent. Comparatively for Hispanic Americans, 1 the homeownership rate is around 47% and for Asian Americans, it has hovered around 53%. 2 According to the Minnesota Housing Finance Agency analysis of the 2018 most recent U.S. 3 Census Bureau’s American Community Survey, Minnesota has one of the highest 4 homeownership rates in the nation, but the state has the fourth largest disparity in 5 homeownership rates between white/non-Hispanic households and households of color. 6 According to the most recent2018 U.S. Census Bureau’s American Community Survey, 7 households of color are also more likely to experience cost burden (paying more than 30% of 8 their income on housing). In Minnesota, 5740% of renter households of color experience cost 9 burden as compared to 2345.5% of white renter households. Project based and voucher based 10 rental assistance that enable renters to pay no more than 30% of their income on housing are 11 critical to reducing cost burden disparities. Nationally, according to data analysis provided by the 12 Urban Institute, only 1 in 5 households who qualify for a Section 8 voucher receive this critical 13 form of rental assistance. Despite legislative efforts in Minnesota to create a sustainable state 14 rental assistance program, the program is likely toState rental assistance programs are fall short 15 of addressing the need.underfunded and are only intended to serve as last resort efforts to prevent 16 homelessness. As a result, low-income families often make tradeoffs to reduce housing costs. 17 Families may choose or only be able to afford living in poor-quality, substandard housing or a 18 long distance from work opportunities to reduce housing costs. The imbalance between the 19 demand for affordable housing and the supply of low-cost rentals contributes to increasing 20 housing costs. At the same time, wages have remained stagnant and not kept up with increased 21 housing costs resulting in more and more families experiencing housing cost burden. Rent-22 burdened households have higher eviction rates, increased financial fragility, and wider use of 23 social safety net programs, compared with other renters and homeowners. The rates and severity 24 of rent burden, especially for households of color, have increased housing instability and resulted 25 in fewer households transitioning from renters to homeowners. 26 Response: The Legislature should: 27 a) Support resources and programs that seek to assist communities and landlords in their 28 efforts to reduce barriers to housing and promote fair housing and equal opportunity 29 116 including a prohibition on landlords denying housing opportunities to residents based 1 on their source of income and support efforts by the federal government to promote fair 2 housing policies intended to protect people from housing discrimination and encourage 3 the federal government to provide more flexibility within the Section 8 voucher 4 program so that renters can more readily maintain and place their vouchers in a tight 5 rental market. 6 b) Support housing stability for renters through policies that mitigate the impact of or 7 reduce evictions filed including providing clear statutory authority for cities who seek 8 to impose tenant protection ordinances that mitigate renter displacement. 9 c) Seek to identify and reduce racial disparities in homeownership in Minnesota and 10 support policies and encourage innovative solutions that address structural barriers for 11 people of color when it comes to accessing housing including policies that encourage fair 12 lending and provide homebuyer education and funding for down payment assistance to 13 low-income households. 14 d) Support programs that reduce cost burden among renters and support policies that 15 address barriers for people of color when accessing safe, healthy and decent quality 16 affordable rental housing. 17 d)e) Support resources and policies that encourage public-private partnerships between 18 cities and entities seeking to expand new affordable homeownership and rental 19 opportunities, prevent renter displacement, and reduce the racial gap in 20 homeownership and reduce cost burden. 21 LE-10. Resources for Affordable Housing* 22 Issue: Cities, along with local housing officials, are concerned about the need for proactive 23 commitment at the state level to aid cities to meet demand for affordable housing that is sensitive 24 to local conditions, emerging trends, and changing demographics. This includes meeting the 25 needs of lowest-income households as well as an aging population and ensuring a wide range of 26 lifecycle housing options that allow seniors of all incomes to stay in their community, addressing 27 117 racial disparity gaps in housing, and responding to emerging trends, such as the need to preserve 1 federally subsidized housing and naturally occurring (unsubsidized) affordable housing. The 2 League also recognizes that federal, state and local governments all have a role to play in 3 meeting affordable housing needs, overcoming barriers to housing stability such as high market 4 prices, eviction, and foreclosure, and responding to problems caused by vacant homes and the 5 increase in rental properties that are the result of foreclosure. 6 It is generally agreed that Minnesota has a substantial supply gap of housing units across the 7 housing spectrum, especially units that are affordable to lower income Minnesotans making 30% 8 of average median income or less. Housing for extremely low-income Minnesotans and 9 supportive housing with social services are particularly underserved by traditional market rate 10 housing providers and require committed ongoing operating funding along with initial capital 11 support. 12 A comprehensive report issued in 2018 by the then Governor’s Task Force on Housing 13 delineated 30 specific recommendations to help achieve six goals, including: commit to homes as 14 a priority; preserve the homes we have; build more homes; increase home stability; link homes 15 and services; and support and strengthen homeownership. The Task Force’s recommendations 16 were based upon input from various statewide stakeholders, local governments and residents and 17 renters impacted by the lack of affordable housing in this state. These recommendations provide 18 an important list of housing goals that should continue to be considered as cities work towards 19 addressing affordable housing issues in their communities. 20 Response: The Legislature should: 21 a) Support the affordable housing priorities of the Minnesota Housing Finance Agency 22 (MHFA) that benefit cities, which include making resources and methods available to 23 maintain and improve existing affordable homes, including publicly subsidized deeply 24 affordable, and housing stock that is aging such as naturally occurring (unsubsidized) 25 affordable housing. 26 b) Provide stable and long-term funding, including but not limited to dedicated funding 27 sources, for Minnesota Housing and other affordable housing programs that support 28 118 local housing efforts, including those that encourage innovation and recognize regional 1 markets, provides flexibility for cities to create partnerships and leverage resources 2 with private and public entities., such as:Support capital investment funding resources 3 for affordable and public housing, stable and long-term funding for supportive services 4 and programs that address homelessness and reduce barriers to stable housing and 5 homeownership, aconsistently fund the state housing tax credit program and 6 contribution fund or a state low-income housing tax credit to help rebuild the state’s 7 partnership with local governments and the private sector in the development of 8 homeownership, and multi-family rental assistance and housing renovation programs. 9 c) Consider establishing a program to address immediate needs throughout the year to 10 provide a match for new or existing city-supported affordable housing projects. This 11 could include matching funds, issued on a timeline that is consistent with local 12 budgeting processes, for local revenues allocated to a local affordable housing trust 13 fund. 14 d) Expand authority for all cities to transfer unobligated pooled increment from a housing 15 or redevelopment TIF district to support a local housing trust fund for any eligible 16 expenditure under Minn. Stat. § 462C.16. 17 e) Substantially increase long-term funding for the Economic Development & Challenge 18 Fund to leverage local private and public resources to develop workforce rental and 19 single-family homes. 20 f) Support legislation to provide sales, use, and transaction tax exemptions or reductions 21 for development and production of affordable housing and use state bond proceeds for 22 land banking and trusts as well as rehabilitation and construction of affordable 23 housing. 24 g) Provide funding and financing tools to cities to create affordable senior housing for our 25 aging population. 26 h) Provide funding and financing tools to cities to create affordable housing and prevent 27 foreclosure for veterans. 28 119 i) Support for funding to reduce the racial gap in homeownership rates, such as targeted 1 homeownership capacity building and homebuyer assistance. 2 j) Support additional funding for the housing choice voucher programs or other rental 3 assistance programs and financial, tax, and/or other incentives for rental property 4 owners to participate in these programs. 5 k) Support the continuation and possible expansion of guardrails required by the current 6 4d Low-Income Rental Classification under Minn. Stat. § 273.128 that provides a class 7 rate reduction in property taxes to qualifying low-income rental properties. Extend the 8 4d transition aid to all cities on a permanent basis and Bbase any program expansion 9 proposals ofn any state mandated class-rate reduction on the a full analysis regarding 10 of the impacts to local property tax bases. contained in the January 2022 Minnesota 11 Department of Revenue 4d Affordable Housing Report and ensureEnsure that any 12 modifications to the program class-rate reductions or market value exclusions are 13 balanced between the tax benefit to existing and future 4d units that benefit from the 14 property tax reduction and the increased tax burden on the existing property tax base 15 due to any expansion. Oppose any changes to the 4d Low-Income Rental Classification 16 program that substantially increases the tax responsibility for residents and businesses 17 or increases the tax benefit for landlords without including increased benefits for 18 renters of 4d units including but not limited to deeper affordability or property 19 reinvestment. Support the implementation of a reporting process for landlords and 20 consider a sunset period for any changes made to the program to evaluate the range of 21 impacts that expanding the program may have. 22 l) Support sustainable funding for infrastructure grants currently available to cities to 23 assist with the cost of providing critical infrastructure and ensure that residential sites 24 are shovel ready for development. 25 l)m) Authorize resources by way of a tax credit, policy tools or general fund 26 appropriations to support the conversion of existing commercial property into multi-27 family housing or new types of uses that support economic growth of cities. 28 120 LE-11. Greater Minnesota Housing* 1 Issue: Cities in greater Minnesota share many of the same housing needs as metro communities. 2 However, not unlike differing real estate markets within a city, greater Minnesota communities 3 often have vastly different market conditions for housing that can necessitate priorities that vary 4 from metropolitan areas. Greater Minnesota cities face unique challenges that affect the 5 affordability, quality, and availability of housing. While local communities in greater Minnesota 6 are focusing on local efforts to attract development and encourage growth, assistance is often 7 needed from state and federal resources to construct and rehabilitate greater Minnesota housing 8 stock and that assistance should better accommodate the varying realities of a diverse state and 9 housing markets. 10 Like many metropolitan cities, greater Minnesota city housing studies often cite challenges at 11 many levels of the economic spectrum that impact local economies and population growth. 12 However, incomes within exclusively rural and rural/town mix counties are well below average 13 incomes in exclusively urban counties. The US Bureau of Economic Analysis demonstrates over 14 a 62% earnings gap between entirely rural and entirely urban counties. Greater Minnesota 15 communities in many cases do not have a significant percentage of high-earner workers that earn 16 a high enough salary to afford today’s newly constructed housing units. This factor along with 17 the rising costs of construction materials and labor are outside of the control of local 18 communities but lead to an overall lack of housing stock in many greater Minnesota cities. 19 However, one of the most vexing difference in the housing continuum is the lack of production 20 of market rate housing in rural communities. The lack of market rate production has led to aging 21 housing stock in greater Minnesota cities that hinders economic growth. At least 25% of the 22 housing stock in 34 of greater Minnesota’s 80 counties was built before 1940 and only four 23 counties in greater Minnesota have 5% or more of their housing stock constructed in 2010 or 24 later. The aging owner-occupied and rental housing stock have low assessed values far below 25 any reasonable cost of new construction and thereby translates to an environment where lenders 26 and developers often shy away from new market rate developments because of these valuations 27 or low prevailing rents. 28 121 The circumstances also mean that the few affordable housing projects that do make their way to 1 greater Minnesota are often notably of higher quality than the average market rate housing stock 2 if they were lucky enough to produce any. Many of these affordable units rent for 20-37% higher 3 than what individuals would otherwise be able to afford in many greater Minnesota cities if they 4 were buying a median valued home of significant age. Though numbers certainly differ, modest 5 market rate units that have been attempted or in some instances advanced in our communities 6 have a per unit cost of $140-$150,000 while a tax credit project with their added soft cost can 7 often reach costs of $225,000 per unit or more. Project costs for workforce housing can also 8 become prohibitive for many developers in greater Minnesota due to prevailing wage 9 requirements. While greater Minnesota cities are looking to gain every advantage and stretch 10 limited local resources for housing, more state assistance should be focused to allow rural 11 communities to minimize the financial gap of market rate production. 12 Response: The Legislature should: 13 a) Appropriate funding to state assistance programs serving greater Minnesota including 14 increasing appropriations for the Statewide Affordable Housing Aid program and 15 increasing other program appropriations to account for the state imposed prevailing 16 wage requirements. 17 b) Require a comprehensive analysis of the state’s housing assistance programs to better 18 determine the specific needs of greater Minnesota communities and adjust programs 19 accordingly. 20 c) Change Tax Increment Financing rules to address specific housing challenges in greater 21 Minnesota, including but not limited to, permanently extending the timeframe for 22 pooling redevelopment TIF projects from 5 to 10 years to allow more flexibility for 23 rural communities to amass properties and finance projects while removing blight and 24 allowing amending the affordability restrictions for housing TIF to be used for 25 workforce or market rate housing production in areas of low market rate production to 26 provide parity at a 25-year duration. 27 122 d) Appropriate more state resources and establish grant and forgivable loan programs 1 that support market rate and senior housing development proposals in greater 2 Minnesota communities where production is extremely low and modify the Statewide 3 Affordable Housing Aid program income restrictions to allow for market rate housing 4 development. 5 e) Work to address the disconnect between communities that follow the Statewide 6 Building Code and those areas that do not to ensure a level playing field while 7 encouraging prudent health and safety measures. Furthermore, the building code 8 should not be used to further disadvantage cities for the investments they have made in 9 infrastructure to comply with regulatory and smart growth principles. 10 LE-12. Energy Efficiency Improvement Requirements for Housing 11 Issue: Rising energy costs have brought attention to the poor energy efficiency of many private 12 residences and multi-family properties, especially in older housing stock. The affordability of 13 housing could be severely impacted by continued increases in home energy costs. Improvements 14 in the energy efficiency of housing would improve the affordability of local housing options and 15 would help achieve state energy demand and greenhouse gas emission reduction goals. The 16 challenge is how best to achieve that result. 17 Legislative discussions have suggested that minimum energy efficiency improvements could be 18 added as point-of-sale requirements, including energy use disclosure and basic renovations such 19 as improved attic insulation levels, window caulking and other air sealing, or improved light 20 fixtures. 21 While the goals of such a program are laudable, there are a number of concerns for how this 22 would actually be accomplished in individual cities. Most cities do not, for example, have point 23 of sale inspections. There will also be cases where the building could be structurally unable to 24 meet high attic insulation requirements, such as with manufactured housing or with older houses 25 with very little attic space. There are also concerns that the cost of meeting these energy 26 requirements could result in homeowners being reluctant to sell their houses because of the 27 123 expense of the improvements that would be required to meet new standards or property owners 1 passing on the cost of upgrades to tenants. 2 Increased exposure to educational information, such as increased access to energy audits and 3 more familiarity with and access to programs that finance energy efficiency projects could 4 increase adoption of energy efficiency improvements. Electric utilities provide successful, cost-5 effective energy efficiency programs, have a customer relationship with homeowners, a 6 regulatory requirement to meet energy demand reduction goals through conservation spending, 7 and access to technical expertise that can take into account variations in building age and 8 construction. Cities could, however, play a strong role in increasing public exposure to approved 9 educational materials and providing incentives through the use of other local financing support 10 options for property owners, such as grants, loans, and a Property Assessed Clean Energy 11 (P.A.C.E.) program. Cities could also take advantage of the recently added assessment authority 12 in Minn. Stat. § 429.021 to provide financing for energy improvement projects in residential 13 properties of five or more units if a property owner petitions for an energy improvement project 14 in an existing building. 15 Response: The League of Minnesota Cities agrees that there is a need to improve the energy 16 efficiency of residential building stock to reduce energy consumption and improve the 17 affordability and livability of housing. The state should focus its efforts on improving 18 educational programs and on improving the use of the existing statewide Conservation 19 Improvement Program (CIP) and similar programs and provide property owners with 20 technical and financial support for weatherization and energy efficiency improvements. 21 Further, the state should work to make residential Property Assessed Clean Energy 22 (P.A.C.E.) programs viable for local governments. 23 Cities should use their communication tools, such as newsletters, web sites, and staff 24 communications to promote these efforts and to help link property owners to educational 25 materials and program resources. Additionally, cities could be incentivized to adopt 26 strategies to disclose energy usage data for building owners to identify options for cost-27 efficient energy improvements. 28 124 LE-13. In-Home Day Care Facilities 1 Issue: There are restrictions on the ability of a city to regulate licensed day care facilities. Minn. 2 Stat. § 462.357, subd. 7, states that certain licensed residential facilities and day care facilities 3 must be considered a permitted single-family use for zoning purposes. The restriction is designed 4 to protect “in-home” daycare facilities, but the law applies even if the facility is not the primary 5 residence of the day care provider. This creates a loophole for providers to use a single-family 6 home as a commercial daycare facility, which might not otherwise be allowable under a city 7 zoning ordinance. 8 Response: The Legislature should amend Minn. Stat. § 462.357, subd. 7, to clarify that a 9 licensed day care facility serving 12 or fewer persons is considered a permitted single-10 family use only if the license holder owns or rents and resides in the home. 11 LE-14. Residential Programs 12 Issue: Minnesota’s deinstitutionalization policy seeks to ensure that all people can live in 13 housing that maximizes community integration. Minn. Stat. § 462.357, subd. 6a. states that 14 “persons with disabilities should not be excluded by municipal zoning ordinance or other land 15 use regulations from the benefits of normal residential surroundings.” Minnesota cities support 16 inclusion of people with and without disabilities in their communities, but these policies are best 17 implemented with minimal encroachments on municipal zoning authority and positive working 18 relationships between cities, care providers, and the state. 19 On one hand, treating persons with disabilities differently generally raises questionable issues of 20 disparate treatment with the Federal Fair Housing Act. On the other hand, without some 21 regulation, cities are powerless to protect individuals with disabilities from a clustering of 22 residential programs within one neighborhood. As the Department of Justice has stated, while 23 density regulations are generally suspect, “if a neighborhood came to be composed largely of 24 group homes, that could adversely affect individuals with disabilities and would be inconsistent 25 with the objective of integrating persons with disabilities into the community.” (Joint Statement 26 of the Department of Justice and the Department of Housing and Urban Development.) 27 125 To this end, and in upholding a state and local dispersal requirement, the Eighth Circuit Court of 1 Appeals stated that the requirement was designed to ensure that people with disabilities “needing 2 residential treatment will not be forced into enclaves of treatment facilities that would replicate 3 and thus perpetuate the isolation resulting from institutionalization.” Familystyle of St. Paul, Inc. 4 v. St. Paul, 923 F.2d 91, 95 (8th Cir. 1991). 5 City authority to regulate the locations of residential programs is limited by state statute and the 6 federal Fair Housing Act (FHA), although Minn. Stat. § 245A.11, subd. 4, prohibits the 7 Commissioner of Human Services from granting an initial license to a residential program of six 8 or fewer people within 1,320 feet of an existing residential program in cities of the first class. 9 In 2015, Minn. Stat. § 245A.11, subd. 4, was amended to clarify that the Commissioner of 10 Human Services is required to approve licenses for “community residential settings” within 11 1,320 feet of existing residential programs. A “community residential setting” is commonly 12 known as adult foster care. While this was the original intent of the legislature, statutory terms 13 changed over the years; this amendment was to make various statutory references consistent. 14 In 2022, Minn. Stat. § 245A.11, subd. 2, was amended to temporarily allow licensed residential 15 care services provided to more than four people with developmental disabilities in a supervised 16 living facility, including intermediate care facilities for people with developmental disabilities as 17 a permitted single-family residential use at an increased capacity of seven to eight people until 18 July 2023. Cities that have zoning regulation already in place prohibiting this type of facility as a 19 single-family residential use do not have to permit the use. 20 Sufficient funding and oversight are needed to ensure that residents living in residential 21 programs have appropriate care and supervision, and that neighborhoods and residents of 22 residential programs are not negatively impacted by high concentrations of these types of 23 programs. As it stands now, there is nothing preventing clustering of residential programs in 24 most cities in the state. Cities want to be part of the solution, and more than anything cities desire 25 to be, and should be, partners in serving the policies of deinstitutionalization. Cities have an 26 interest in, and are in the best position, to preserve a balance in residential neighborhoods 27 between residential programs and all other uses. Because Minnesota cities are committed to 28 inclusion of all individuals, it is in the best interest of the state, care providers, and those 29 126 individuals served, that all parties include cities as partners before opening a residential program 1 to best plan for community integration. 2 Response: Cities should maintain the statutory authority to require agencies, as well as 3 licensed and registered providers that operate residential programs, to notify the city 4 before properties are operated. Cities should be provided with the necessary contact 5 information after a residential program is licensed or registered. Providers applying to 6 operate residential programs should be required to contact the city to be informed of 7 applicable local regulations. Finally, licensing or registering authorities must be responsible 8 for removing any residents incapable of living in such an environment, particularly if they 9 become a danger to themselves or others. 10 LE-15. Inclusionary Housing 11 Issue: Provisions in current state statute (Minn. Stat. § 462.358, subd. 11) allowing cities to enter 12 into development agreements for the inclusion of a portion of the units in the development to be 13 affordable for low- or moderate-income families have been a source of conflict between cities 14 and housing developers. 15 Cities are concerned builders that view this statute as a restriction on local authority to adopt 16 policies that promote availability of housing affordable to those who are unable to purchase or 17 rent housing at price points that the market alone provides. 18 Response: The Legislature should: 19 a) Strengthen and clarify cities’ authority to carry out policies that offer developers a 20 range of incentives in return for including a designated number of affordable units in 21 their projects. 22 b) Identify strategies to ensure long-term affordability of rental and owner-occupied 23 housing produced as a result of such policies and practices including expanding the 24 parameters of affordable housing restrictive covenants to extend beyond 30 years to 25 ensure long-term affordability. 26 127 c) Focus state housing policy to support for local assessment of housing needs and direct 1 additional state resources and the full exercise of local authority to increase 2 development of affordable rental units and access to entry-level, owner-occupied 3 housing. 4 d) Support voluntary measures to encourage cities to adopt and carry out land-use plans, 5 activities, and subdivision regulations aimed at providing for construction and 6 marketing of housing where a portion of all new units are affordable to lower-income 7 households. 8 LE-16. Community Land Trusts* 9 Issue: The increasing price of land available for housing development, particularly for retaining 10 affordability of housing for lower-income households, is a concern throughout the state. Creating 11 more permanently affordable, owner-occupied housing depends heavily on maximizing the cost-12 effectiveness of taxpayer investments. The Legislature has previously appropriated funding and 13 granted the Minnesota Housing Finance Agency authority to assist cities with funding 14 community land trusts (CLTs) for affordable housing. 15 Currently, Land Trust properties have a tax classification of 1.0% and property owners must pay 16 property taxes based on the market value of the property, which is assessed relative to 17 neighboring properties. However, because land trust properties are to remain permanently 18 affordable, land trust owners can only receive a portion of the appreciation of the value of the 19 home when a sale is made. 20 Response: The Legislature should: 21 a) Support continuation of the land trust capacity-building program and provide capital 22 start-up funds so community land trusts can continue to offer gap financing, interest 23 rate write-downs, predevelopment financing, and financial underwriting and explore 24 other incentives for homeowners to sell their properties to land trusts to build capacity. 25 b) Support the current .75 class-rate reduction for community land trust properties and 26 support efforts by the Minnesota Community Land Trust Coalition and other housing 27 128 preservation stakeholders to develop property tax valuation modifications to lower 1 property taxes for qualifying low-income sales-price-restricted properties enrolled in 2 CLT. programs including expanding 4d Low-Income Rental Classification eligibility to 3 include CLT properties and providing additional tax relief for qualified low-income 4 CLT property owners by way of market value exclusion or other general property tax 5 assistance. 6 LE-17. Telecommunications and Information Technology 7 Issue: Telecommunications and information technology is essential public infrastructure for the 8 efficient, equitable, and affordable delivery of local government services to residents and 9 businesses. Telecommunications includes voice, video, data, and services delivered over cable, 10 telephone, fiber-optic, wireless, and all other platforms. 11 Response: The League of Minnesota Cities supports a balanced approach to 12 telecommunications policy that allows new technologies to flourish while preserving local 13 regulatory authority. Regulations and oversight of telecommunications services are 14 important prerogatives for local government to advance and balance community interests, 15 including ensuring public safety, ensuring equitable access, maintaining high quality basic 16 services that meet local needs, spurring economic development, and providing affordable 17 rates to all consumers. Policies should strengthen and not diminish local authority to 18 manage public rights-of-way including public and private infrastructure, to zone, to collect 19 reimbursement of costs and reasonable compensation for the use of public assets, or to 20 work cooperatively with the private sector. The League opposes the adoption of state and 21 federal policies that restrict cities’ ability to finance, construct, and operate 22 telecommunications networks. 23 LE-18. Broadband* 24 Issue: High-speed Internet is essential infrastructure needed by cities to compete in a global 25 economy. Yet many communities do not have access to broadband at affordable prices. High 26 fixed costs, low density, and short-term return-on-investment thresholds for private sector 27 providers contribute to the lack of broadband across the state. Investing in universal broadband 28 129 access has substantial local and regional economic benefits for communities of all sizes. Cities 1 and other local units of government are facilitating the deployment of broadband services to 2 increase connectivity, reliability, availability, and affordability for residents, schools and 3 businesses through a variety of models, including municipal broadband and public-private 4 partnerships. However, attempts have been made to restrict cities from providing 5 telecommunications services, particularly in unserved or underserved areas. Past court cases 6 have overturned interpretation by the Federal Communications Commission (FCC) that states 7 may not limit the extension of municipal broadband services from one city to another. 8 Due to the high costs of broadband infrastructure, the state continues to expand its role to 9 identify and formulate tools and provide resources to expand broadband access. The Office of 10 Broadband Development within the Department of Employment and Economic Development 11 (DEED) has developed a strong partnership through its efforts on broadband infrastructure 12 deployment and digital inclusion between the state, local communities, and broadband providers 13 to deploy high-speed Internet in unserved and underserved areas. The Office supports broadband 14 expansion through broadband mapping and managing the state’s Border-to-Border Broadband 15 grant program, which is funded by state general fund appropriations and more recently funds 16 authorized by the federal government for broadband deployment. In addition to the state’s focus 17 on extending broadband to unserved areas, Minnesota must also be on the cutting edge for next-18 generation broadband investments and ensuring that Minnesota’s statutory speed goals in Minn. 19 Stat. § 237.012 are updated to reflect emerging technologies and broadband use trends. It is also 20 critical that the state maintain authorization of stable general fund spending funding for 21 broadband infrastructure deployment as a priority to address the state’s statutory speed goals and 22 not become dependent outilize state resources to bolster n federal broadband funding including 23 the Broadband Equity Access and Deployment (BEAD) Program authorized by the fedral 24 Infrastructure Investment and Jobs Act of 2021. 25 The COVID-19 pandemic laid bare the critical importance of reliable access to broadband 26 internet both for governments that had to quickly adjust to provide services online while 27 Minnesotans were forced to learn, work, and receive healthcare online. While certain populations 28 in Minnesota were well prepared to make the adjustment to receive services, work, and learn 29 online, many were not due to the digital divide that remains. 30 130 Response: To promote economic development, education and achieve state broadband 1 goals, the Legislature, Governor’s office, and state agencies should: 2 a) Identify and implement actions for the state to reach and maintain a position in the top 3 five states for broadband speed that is universally accessible to residents and 4 businesses; 5 b) Make significant investments to the Border-to-Border Broadband Grant Program and 6 continue to encourage public/private sector collaboration including options that use 7 technologies such as wireless while remaining consistent with the League’s Right-of-8 Way Management policy to cost-effectively expand broadband service access; 9 c) Support measures to authorize and encourage cities and other local units of government 10 to play a direct role in providing broadband infrastructure and/or services; 11 d) Support legislation to remove existing barriers in statute that hinder the ability for 12 Minnesota cities to own and operate broadband systems including the elimination of 13 Minn. Stat. § 237.19, which requires a supermajority voter approval for the provision 14 of municipal broadband; 15 d)e) Remove barriers to the exercise of local authority to provide such services, including 16 repeal of Minn. Stat. § 237.19, that requires a supermajority voter approval for the 17 provision of local phone service by a local unit of government; 18 e)f) Offer incentives to private sector service providers to respond to local or regional needs 19 and to collaborate with cities and other public entities to deploy broadband 20 infrastructure capable of delivering sufficient bandwidth and capacity to meet 21 immediate and future local needs; 22 f)g)Adopt policies which seek to position Minnesota as a state of choice for testing next-23 generation broadband technologies; 24 g)h) Affirm that cities have the authority to partner with private entities to finance 25 broadband infrastructure using city bonding authority; 26 131 h)i)Remove barriers that limit the ability for the state to deploy Border-to-Border 1 Broadband grant funds in areas that may be served by existing or future federal 2 broadband programs and those that restrict anti-competitive practices, and prevent 3 predatory action that prevent or impede cities, municipal utilities, schools, libraries, 4 and other public sector entities from collaborating and deploying broadband 5 infrastructure and services at the local and regional level; 6 i)j) Supporting funding and efforts to continuously update and verify comprehensive 7 statewide street-level mapping of broadband services to identify underserved areas and 8 connectivity issues; 9 j)k) Discuss how well the FCC and state broadband maps document actual broadband 10 coverage across Minnesota including wireless options. These maps are used by funders 11 to determine grant program eligibility making overstatement of available services 12 highly consequential with negative impacts for rural places; 13 k)l)Recognize the crucial role of local government in the work of the Governor’s 14 Broadband Task Force and fund the Office of Broadband Development (OBD) and 15 ensure base budgets supporting OBD remain at levels sufficient for it to meet its 16 statutory mandates; 17 l)m) Support the creation of an OBD operating fund to advance and promote programs 18 and projectsnew policies and resources that improve broadband adoption, hold internet 19 service providers receiving funding accountable, achieve significantly higher 20 broadband speeds, and support efforts to improve digital inclusion by ensuring that 21 robust, sustainable, and affordable internet connectivity is widely available and 22 affordable to all Minnesotans including the ability for cities to franchise broadband 23 providers; 24 On the federal level, the League urges Congress to adopt laws restoring the ability of 25 municipalities to extend beyond their borders to serve unserved and underserved areas. 26 The League also urges Congress and the Federal Communications Commission to 27 structure federal broadband grant programs to work in conjunction with the state’s 28 132 Border-to-Border Broadband grant program and not prohibit state funding in areas that 1 receive federal broadband assistance if those areas could also benefit from state funding. 2 LE-19. Competitive Cable Franchising Authority* 3 Issue: Despite claims made by some in the cable industry, studies and evidence to date do not 4 support that state franchising is the solution for competition, lower consumer rates, and improved 5 customer service. Unlike the exercise of local franchising authority, state franchising models 6 frequently make no provision for staffing at the state level or for effective resolution of consumer 7 complaints. 8 Municipal cable franchising has resulted in equitable construction with cable operators providing 9 uniform quality of cable service and uniform cable pricing to city residents. Municipal 10 franchising authorities have acted to protect cable subscribers and have required cable operators 11 to provide public benefits, such as the construction of municipal networks and access channels. 12 Communications systems not subject to franchising in many areas have systems incapable of 13 serving municipal residents uniformly. Municipal cable franchising has been the most successful 14 authorization of communications service providers with access to the public rights-of-way 15 including equitable deployments resulting in uniform quality of service, pricing and public 16 benefits. 17 Cable service provided by a cable communications system that uses infrastructure located in the 18 public right-of-way to transmit video signals remains subject to local franchising authority. 19 Maintaining local franchising most effectively creates and preserves agreements that guarantee 20 broad access to services throughout the community, ensuring there is no digital divide for access 21 to available additional services such as access to IP voice and high-speed Internet via 22 infrastructure that also delivers video programming services. 23 Response: State and federal policy should maintain local cable franchisinge authority and 24 local oversight of the public rights-of-way and the legislature and federal government 25 should take all efforts necessary to update and improve municipal cable franchising 26 authority in all state and federal legislative and regulatory proceedings to reflect market 27 trends and emerging technology. , as well as ensure franchise agreements reflect new 28 133 technology, and are reasonably tailored to the technical and operational differences among 1 providers and communities. Independent studies clearly demonstrate that statewide 2 franchising does not increase direct competition to incumbent cable franchisees. And it 3 subsequently has not lowered rates and does not improve customer service. 4 The Legislature, Federal Communications Commission (FCC), and Congress should also 5 continue to recognize, support and maintain the exercise of local franchising authority to 6 encourage increased competition between incumbent cable system operators and new 7 wireline competitive video service providers including: 8 a) Maintaining provisions in Minn. Stat. Ch. 238 that establish and uphold local 9 franchising authority, including the authority to receive a franchise fee based on gross 10 revenues irrespective of any in-kind contributions; 11 b) Refraining from adopting any FCC rule changes that would further restrict existing 12 local authority to charge for and control access to public rights-of-way by all video and 13 cable service providers; 14 c) Maintaining local authority to charge fees on providers to ensure the provision of 15 public, educational, governmental (PEG) programming, and interactive technologies to 16 require the provision of video channels and video streaming for PEG programming 17 with video and audio quality/channel location equivalent to that of the local broadcast 18 stations, and ensuring programming is accessible and searchable by all residents of the 19 local authority through detailed Electronic Programming Guide listings and other 20 navigation and distribution technologies that are equivalent to that of local broadcast 21 stations; 22 c)d) Advancing legislation that dedicates funding for municipal digital media, such as a 23 dedicated tax or fee on digital products 24 d)e) Ensuring continued cost-effective local government access to capacity on 25 institutional networks (I-Nets) provided by local cable system operators for public 26 safety communications, libraries, schools, and other public institutions to use state-of-27 the-art network applications; and 28 134 e)f) Strengthening local authority to enforce customer service standards and transparency 1 in pricing. 2 LE-20. Public Right-of-Way Management* 3 Issue: Cities hold local rights-of-way in trust for the public as an increasingly scarce and 4 valuable asset. As demand increases for use of public rights-of-way (PROW), cities must 5 coordinate the use of this resource among competing uses and to manage the use of the PROW 6 for delivery of essential municipal utility services. Cities continue to experience increased 7 demand for space in the PROW including the siting of underground wired and overhead wireless 8 facilities and sites for wireless communications. Additionally, technology located in the public 9 right-of-way will continue to support the increase of new modes of mobility and delivery 10 methods including Connected Autonomous Vehicles (CAV) that may also operate in the public 11 right-of-way. While local management responsibilities vary and are site specific, the increased 12 demand for utilizing space in the public right-of way underscores the necessity for maintaining 13 local authority. 14 Minnesota’s Telecommunications Right-of-Way User Law was amended during the 2017 15 Session with legislation creating a separate permitting system for placement of small wireless 16 facilities on city-owned structures in the public right-of-way. The change in law clarified that 17 wireless providers are telecommunications right-of-way users and maintained cities' right-of-way 18 management authority, but limitations were imposed on cities' compensation through rent and 19 timelines for processing small wireless facilities permits. 20 Response: Minn. Stat. §§ 237.162-.163 worked well for many years, but Minnesota was a 21 part of a nationwide effort by wireless providers to pass laws providing them with easier 22 access to public rights-of-way and city-owned infrastructure. While Minnesota's law 23 maintains more local control than those passed in many other states, the League of 24 Minnesota Cities opposes efforts to further restrict local government authority over the 25 public right-of-way. Furthermore, the Federal Communications Commission is undergoing 26 review of Telecommunications Act rules and policies related to local government 27 regulatory authority. State and federal policymakers and regulators should: 28 135 a) Support Uphold localmunicipal authority to manage and protect public rights-of-way, 1 including franchising, reasonable zoning and subdivision regulation, reasonable 2 regulations of structures in the public right-of-way, and the exercise of local police 3 powers; 4 b) Recognize that cities have a paramount role in developing, locating, siting, and 5 enforcing utility construction and safety standards; 6 c) Support localmunicipal authority to require reimbursement and 7 compensationfranchise all service providers from service providers for managing 8 usethat site infrastructure in the of public rights-of-way and ensure that local authority 9 to controlreceive compensation for use of public rights-of-way. is expanded to account 10 for new products and emerging technologies; 11 d) Maintain city authority to franchise gas, electric, open video systems and cable services, 12 and expand city ability to collect compensation for other services utilizing the PROW 13 including but not limited to telecommunications and broadband services, and all other 14 wireline programming platforms and services to support maintenance and management 15 of the traveled portion of the PROW and other public services of importance to 16 communities; 17 d)e) Support legislation to authorize Minnesota cities to franchise broadband providers 18 and to receive franchise fees under Minn. Stat. Sec. 222.37 and 116J.399, Subd. 8 and 19 such other statutes as necessary. 20 e)f) Encourage a collaborative process with stakeholders, including cities, to determine any 21 revised standards if needed; 22 f)g)Recognize that as rights-of-way become more crowded, the costs of disrupting critical 23 infrastructure become evident and the exercise of local authority to manage competing 24 demands and ensure public safety in the PROWs becomes increasingly important; 25 g)h) Ensure the removal of abandoned equipment and accompanying support structures 26 by the service providers from the public right-of-way; 27 136 h)i)Maintain the courts as the primary forum for resolving disputes over the exercise of 1 such authority; 2 i)j) Maintain existing local authority to review and approve or deny plans for installation 3 or relocation of additional wires or cables on in-place utility poles. In the alternative, 4 cities should have broader authority to require the underground placement of new 5 and/or existing services at the cost of the utility or telecommunications provider; 6 j)k) Support the collaboration with local units of government as the state explores efforts 7 to expand infrastructure in the public right-of-way to provide for increased 8 connectivity for Connected Autonomous Vehicles (CAV). 9 LE-21. Wireless Infrastructure and Equipment Siting 10 Issue: Demand for wireless communication service has increased requests by private and public 11 sector providers to site additional towers, antennas, small cells and other facilities in cities. It is 12 anticipated that applications to install small cell wireless facilities and distributed antenna 13 systems (DAS) will continue to grow as technology evolves over time. Despite changes made to 14 Minn. Stat. § 237.163 that created a special process for the siting of small wireless facilities, 15 maintaining cities’ local zoning authority and police power to manage and coordinate the siting 16 of these facilities continue is necessary and appropriate. 17 Response: Cities must continue to exercise full authority to consider public health, safety, 18 and welfare concerns in responding to requests to site, upgrade or alter wireless facilities. 19 The Legislature, Federal Communications Commission (FCC), and Congress should not 20 place further restrictions on city authority to manage the siting of wireless facilities in the 21 public right-of-way nor enact compensation restrictions that would result in local 22 government subsidization of wireless providers. Furthermore, cities must have recourse to 23 require removal by the provider of equipment deemed abandoned. 24 LE-22. County Economic Development Authorities 25 Issue: The 2005 Legislature authorized all counties outside the metropolitan area to establish 26 county economic development authorities (EDAs). Minn. Stat. § 469.1082 provides specificity 27 137 on certain process and limitations issues, including the ability of cities to prohibit the county 1 EDA from operating within the city as well as within an agreed-upon urban service area or 2 within a distance approved during the formation of the county EDA. County EDA activity in 3 areas surrounding cities will directly impact the adjacent city in terms of service provision and 4 taxes. 5 Response: The Legislature should require city approval for proposed county EDA activities 6 within two miles of a city. 7 LE-23. Local Appropriations to Economic Development Organizations 8 Issue: Cities and towns are allowed to appropriate up to $50,000 per year from general fund 9 revenue to an incorporated development society or organization for “promoting, advertising, 10 improving, or developing the economic and agricultural resources” of the city or town. The 11 $50,000 cap has been in place since 1989 and places unnecessary restrictions on a city’s ability 12 to work with non-profit development corporations. Local governments should have the flexibility 13 to work with outside organizations if local elected officials believe it is in the best interest of 14 their communities to do so. Such appropriations are subject to the same budgetary oversight as 15 other government expenditures, and local elected officials are ultimately responsible to the voters 16 for how local tax dollars are spent. 17 Response: The Legislature should amend Minn. Stat. § 469.191 to eliminate or increase the 18 cap on appropriations to incorporated development societies or organizations. 19 LE-24. Workforce Readiness 20 Issue: Incumbent worker training and education must be an important component of Minnesota’s 21 efforts to improve workforce readiness. By making firms and employees more competitive, 22 incumbent worker training can increase wages, increase employment opportunities, fill skilled 23 worker gaps, and keep jobs and employers in their communities. The Minnesota Job Skills 24 Partnership is one proven tool that provides training to thousands of incumbent workers each 25 year. 26 Response: The Legislature should: 27 138 a) Fully fund the Minnesota Job Skills Partnership and other workforce training 1 programs administered by the Department of Employment and Economic 2 Development, the Department of Human Services, and the various education agencies; 3 b) Provide additional flexible funding to local workforce councils, including governments 4 and educational facilities, for the purpose of upgrading the skills and productivity of 5 the workforce, and pursue additional creative programming and funding to prepare 6 and place underemployed and unemployed Minnesotans, as well as address the issue of 7 those phasing out of the workplace and retiring; 8 c) Provide additional funding for programs specifically designed to address youth 9 employment such as career and workforce readiness programs, and employment 10 disparities; and 11 d) Continue to support cities that provide workforce programs that are coordinated with 12 and complement state and regional efforts by seeking municipal approval before 13 making any changes to those service areas. 14 LE-25. Business Development Programs 15 Issue: Programs such as the Minnesota Investment Fund (MIF), the Job Creation Fund (JCF), the 16 Redevelopment Program, and contaminated site clean-up grants provide funding opportunities 17 for communities and businesses to develop their local and regional economies. These well-18 utilized programs create infrastructure, revitalize property, and help businesses generate and 19 expand jobs. Cities are key facilitators in the implementation of economic development 20 strategies through land use and other policies. 21 Response: The League of Minnesota Cities supports continued and sustainable funding for 22 the Minnesota Investment Fund and the Job Creation Fund to assist local communities and 23 businesses in creating, growing, and retaining jobs. The Legislature should also provide 24 dedicated and sustainable funding for the Redevelopment Grant and Demolition Loan 25 Program. 26 139 DEED should solicit input from cities about how best to implement the Fund, and make 1 adjustments to the administration of the program as necessary. The League supports 2 Department of Employment and Economic Development (DEED) studying and making 3 recommendations on methods to improve the geographic balance of recipients, by allowing 4 the use of additional evaluation criteria beyond the current job creation goal such as 5 providing higher-wage jobs or achieving racial equity policy goals. that would allow all 6 regions of the state to better prosper. 7 LE-26. Remediation and Redevelopment 8 Issue: Communities across Minnesota are faced with expensive barriers to re-using property. 9 These roadblocks include deteriorating, obsolete, and vacant structures, and contaminated land. 10 Larger scale redevelopment projects often require the purchase and assembly of multiple, smaller 11 parcels of land that are not suitable for development on their own. Cities and development 12 authorities may need to purchase land over a period of years and hold them for later 13 development, reducing the effectiveness of traditional financing tools that require immediate 14 development. 15 Such barriers pose significant problems for cities seeking to re-use existing infrastructure, 16 maintain and improve property tax base, provide jobs and housing opportunities, and preserve 17 historic structures. Land remediation activities are particularly costly because significant 18 remediation must occur before private-sector interest can be generated. Exacerbating this 19 situation, the land remediation programs administered by the Department of Employment and 20 Economic Development (DEED) and the Metropolitan Council programs continue to be 21 underfunded. 22 Response: In recognition of the unique needs of land remediation projects statewide, the 23 Legislature should increase funding for the statewide redevelopment account. The League 24 of Minnesota Cities also supports the creation of a land assembly grant or loan program to 25 assist cities and economic development authorities with the challenge of assembling small 26 parcels for redevelopment. The League supports competitive programs administered by 27 DEED that distribute the funds equitably between greater Minnesota and the metro area. 28 140 The Legislature should continue its support and increase funding levels for state and 1 regional programs to assist in contamination cleanup and brownfields remediation efforts. 2 The State should recognize that the rehabilitation of land due to obsolescence or 3 incompatible land uses is a component of redevelopment. The Legislature should amend 4 the definition of redevelopment district in Minn. Stat. § 469.174, subd. 10, to include the 5 obsolescence and incompatible land uses included in a renewal and renovation district 6 (Minn. Stat. § 469.174, subd. 10a), thereby providing cities with more flexible tools to 7 address land remediation and redevelopment. 8 The Legislature should also revive a program similar to “This Old Shop” (Minn. Stat. § 9 273.11, subd. 19), which would allow cities greater flexibility in targeting commercial 10 development and redevelopment. The Legislature should consider enacting authority that 11 would provide a tax deferral on improvements to commercial buildings, including those 12 located in designated rehabilitation or historic preservation districts. The program’s age 13 limit qualifications under Minn. Stat § 273.11, subd. 19, should be modified to include 14 properties that are at least 30 years old. 15 The League is supportive of recent extensions to the Minnesota Historic Structure Tax 16 Credit in Minn. Stat. § 116J.8737, which provides a 20 percent tax rebate for rehabilitation 17 of qualified historic buildings. However, the Legislature should eliminate the sunset 18 provision of the tax credit to provide certainty to cities and their project developer partners 19 to proceed with historic redevelopment projects that are complex and time consuming. 20 LE-27. Development Authority Levy Limits 21 Issue: Under Minn. Stat. § 469.107, § 469.033, and § 469.053, Economic Development 22 Authorities (EDAs), Housing and Redevelopment Authorities (HRAs) and port authority levies 23 for economic development activities are capped. These limits can hinder the planning of future 24 development. 25 Response: The Legislature should increase or repeal levy limits or increase the levying 26 authority for EDA, HRA, and port authority activities in Minn. Stat. ch. 469. 27 141 LE-28. Tax Increment Financing (TIF)* 1 Issue: TIF is the most important tool available to fund community development and 2 redevelopment efforts. Over time, the TIF law has become increasingly complex as the 3 Legislature seeks to provide cities with the resources to grow the state’s economy while 4 maintaining limits on the use of property taxes. Cities need greater flexibility to use TIF for 5 community and economic development that support a city’s residents and businesses. Further 6 restrictions of TIF would render the tool less effective and will hinder local efforts to support job 7 creation, housing, redevelopment and remediation. 8 The need for flexibility has been accentuated due to the pandemic economic downturn which has 9 dramatically slowed existing projects that must continue to comply with statutory timelines. 10 Many projects will have difficulty meeting time-line requirements such as the five-year rule 11 without special legislation authorization. 12 Further restrictions of TIF would render the tool less effective and will hinder local efforts to 13 support job creation, housing, redevelopment and remediation. 14 Response: The Legislature should not enact future TIF law restrictions, rather the 15 Legislature should: 16 a) Amend Minn. Stat. § 469.1763, subd. 4, to clarify that tax increment pooling limitations 17 are calculated on a cumulative basis. 18 b)a) Modify Minn. Stat. 469.174, subd. 10, to allow a redevelopment district to be 19 established where only 50 percent of the buildings are required to be structurally 20 substandard to a degree requiring substantial renovation or clearance. 21 c)b) Clarify that expenditures for the necessary maintenance of properties within TIF 22 districts are an allowable use of tax increment under Minn. Stat. § 469.176, subd. 4; 23 d)c) Allow term extensions for redevelopment districts which are taking longer to 24 develop; 25 142 e)d) Amend Minn. Stat. § 469.1763, subd. 3, to eliminate the “Five-year Rule” for 1 districts that are taking longer to develop; 2 f)e) Amend Minn. Stat. § 469.174, subd. 25, to provide time limits on the "deemed 3 increment" created by land sales, leases and loans, and allow authorities greater 4 flexibility in the use of lease revenues to fund ongoing operations; 5 g)f)Expand the use of TIF to assist in the development of technological infrastructure and 6 products, biotechnology, research, multi-modal transportation and transit-oriented 7 development, restoration of designated historic structures, non-retail commercial 8 projects, and non-wetland areas where unstable/non-buildable soils exist; 9 h)g) Increase the ability of TIF to facilitate redevelopment and housing activities; 10 i)h)Modify the housing district income qualification level requirements to allow the levels 11 to vary according to individual communities; 12 j)i) Encourage compact development and consider reauthorization of compact development 13 TIF districts with modifications to increase their effectiveness; 14 k)j) Discourage any statutory mechanisms that directly or indirectly decrease the impact 15 of city redevelopment and economic development projects; 16 l)k)Simplify the substandard building test to resolve ambiguities and reduce the continued 17 threats of litigation; 18 m)l) Create an exception to the interfund loan resolution requirement in Minn. Stat. 19 469.178, subd. 7, to authorize the development authority to delegate to a staff person the 20 ability to set the terms and conditions of an interfund loan. 21 n)m) Amend the definition of redevelopment district under the TIF Act to include the 22 obsolescence and incompatible land uses included in a renewal and renovation district, 23 thereby providing cities with more flexible tools to address land remediation and 24 redevelopment. 25 143 o)n) Amend Minn. Stat. 469.1763 subd. 2 to provide development authorities greater 1 flexibility to address local housing needs by removing section 42 requirement for 2 housing projects outside the district. 3 p) Amend Minn. Stat. 469.174 subd. 27 to define “small city” to be a city that has a 4 population of 5,000 or less and is located 5 miles or more from another city with a 5 population of 10,000 which will allow qualifying cities to to utilize economic 6 development TIF districts for commercial developments. 7 LE-29. Property Tax Abatement Authority 8 Issue: Although tax increment financing (TIF) continues to be the primary financing mechanism 9 for local development projects, tax abatements provide cities with an important, additional 10 economic development tool. Recognizing the need for municipal development tools, the 2008 11 Legislature expanded the abatement authority by converting the limit on abatements from ten 12 percent of the current tax levy to ten percent of net tax capacity. 13 The tax abatement law requires that a political subdivision may only approve an abatement after 14 holding a public meeting with a minimum of 10 days published public notice. When more than 15 one political subdivision abates property taxes for a development project, there must be separate 16 notices and hearings for each subdivision. This requirement can be particularly burdensome for 17 programs designed to develop multiple properties over an extended period of time. If one 18 political subdivision could be designated as the lead entity for purposes of the notice and hearing 19 requirements, such projects could be made more efficient without sacrificing public 20 transparency. 21 Property tax abatements should not be considered a replacement for TIF. 22 Response: In light of current economic conditions existing property tax abatement 23 authority should be strengthened. The Legislature should: 24 a) Expand the abatement authority to allow abatement revenues to be used for economic 25 development activities such as workforce readiness and assistance programs, and 26 technology infrastructure improvements; 27 144 b) Develop a state fund to facilitate state participation in abatement projects by allowing 1 the state property tax to be abated; 2 c) Increase funding caps under Minn. Stat. § 469.1813, subd. 8 and duration limits under 3 Minn. Stat. § 469.1813, subd. 6; and 4 d) Amend Minn. Stat. § 469.1813, subd. 5, to create a streamlined notice and hearing 5 requirement for multi-jurisdictional tax abatement projects. 6 LE-30. Opportunity Zones* 7 Issue: The Opportunity Zones program was established by Congress in the Tax Cuts and Jobs 8 Act of 2017 to encourage long-term investments in low-income urban and rural communities 9 nationwide. The Opportunity Zones program provides a tax incentive for investors to re-invest 10 their unrealized capital gains into Opportunity Funds that are dedicated to investing into 11 Opportunity Zones as designated by the chief executives of every state and territory in the United 12 States. The tax incentive is available for up to ten years. 13 As the chief executive of the state of Minnesota, Governor Mark Dayton designated 128 census 14 tracts across the state as Opportunity Zones, but beyond the responsibility for this designation the 15 state does not have an additional role in the implementation of the Act. The United States 16 Treasury released rules on April 17, 2019 which provide guidance and clarification for investors 17 and fund managers. In some communities, the Act has served as a useful tool in spurring 18 development in low-income communities and could help with business development and jobs; 19 there are also questions about what impact the Act will have on the residents that live and 20 businesses that operate, in these communities today. For example, while development may have 21 positive impacts such as increasing tax base or job opportunities, robust development could have 22 unintended consequences such as displacement of current residents and businesses. While the 23 program provides investors with several benefits including the deferment of capital gains owed 24 until 2026, key tax incentives have begun to wane as we get closer to 2027 and investor attention 25 has shifted to focusing on executing projects that have already received investment. 26 145 Response: The League of Minnesota Cities urges the federal government to seek regular 1 input from communities that are designated as Opportunity Zones regarding how the tool 2 is being used, whether the tool is encouraging new development opportunities, and how 3 community members who live in the Zones are impacted, such as through a local advisory 4 board made up of residents, businesses, and other stakeholders located in the designated 5 census tracts. The Federal Government should seek input from local communities 6 throughout the implementation of the rules and regulations and consider necessary 7 amendments and adjustments as needed in response to potential questions or concerns 8 raised by the communities whose residents, workers, and businesses will be experiencing 9 the changes that ensue in the Zones. Additionally, limitations that may have led to lack of 10 engagement from communities and investors in the Qualified Opportunity Zones should be 11 addressed by the federal government if the program is to be reauthorized beyond 2027. 12 The State of Minnesota should continue to utilize community development resources to 13 stimulate investment in Opportunity Zones and adopt policies that ensure that local 14 residents, workers and businesses benefit from the investments. 15 LE-31. Revisions to the OSA Audit Function 16 Issue: Pursuant to Minn. Stat. § 469.1771, the Office of the State Auditor (OSA) is responsible 17 for tax increment financing (TIF) oversight. As part of its review of TIF districts, the OSA 18 identifies alleged violations of the TIF laws and issues noncompliance notices to TIF authorities. 19 In recent years, a number of cities have received letters of inquiry from the OSA that raise 20 questions about practices long accepted by the OSA or limit statutory definitions that have not 21 been amended by the legislature for over a decade. The audit power in Minn. Stat. § 469.1771 is 22 necessary to ensure that individual cities comply with the TIF statutes, but is not effective in 23 clarifying the legislative intent of the TIF statutes. 24 In addition, the TIF statute requires that authorities respond to noncompliance notices within 60-25 days of receiving the notification. There is no deadline for the OSA to respond, and authorities 26 often do not receive timely responses on the matter from the OSA. Government agencies 27 typically have response-time deadlines, and it is appropriate for the OSA to respond by a time 28 146 certain to provide finality to the audit process. Any final disposition notice must be clear about 1 the final disposition of the matter. 2 Finally, the statutory audit enforcement process does not create an environment where these 3 policy questions can be fairly and sufficiently resolved. County attorneys lack the resources to 4 prioritize TIF disputes and lack the subject matter expertise needed to analyze the merits of the 5 OSA’s audit findings. This results in excessive deference granted to the OSA’s original audit 6 findings. Faced with the potential loss of increment, payment of attorney fees, and small 7 likelihood of success on the merits, cities often acquiesce to the OSA to save time and money. 8 Response: The League of Minnesota Cities believes there should be a more defined process 9 to establish rules or guidelines for TIF authorities with adequate input from local 10 government officials and public finance professionals prior to their adoption. 11 In the event that the OSA determines to issue a final noncompliance notice to a TIF 12 authority, the Legislature should require the OSA to issue the notice within 60 days of 13 receiving the authority’s response. Any final noncompliance notice should contain the 14 OSA’s final position on the matter, the date upon which it forwarded the matter to the 15 county attorney, and the next steps that are required to be taken according to state law. 16 Upon expiration of the 60-day period, the authority should be deemed to be in compliance 17 with the TIF laws if no final noncompliance notice is received. 18 In order to ensure a fair process to resolve disputes over TIF findings of the OSA, the 19 Legislature should consider whether the authority to resolve such disputes should be 20 shifted from county attorneys to the Office of Administrative Hearings. 21 LE-32. OSA Time Limitations 22 Issue: The Office of the State Auditor (OSA) has the authority to issue noncompliance notices 23 for every existing tax increment financing (TIF) district in the state for alleged violations of the 24 TIF laws. This authority extends retroactively to the inception of the district. Accordingly, TIF 25 authorities can receive noncompliance notices for alleged violations that occurred 20 or more 26 years ago. Often, staff and record-keeping procedures have changed, and TIF authorities find it 27 147 difficult to reconstruct the past in order to identify and remedy these situations. Similarly, the 1 OSA claims the authority, based on the state’s records retention schedule, to audit TIF districts 2 for up to 10 years after decertification, which requires cities to expend staff resources to maintain 3 files and a working knowledge of old districts for an unreasonable period of time. 4 Response: A reasonable timeframe within which alleged violations are identified should be 5 established. The Legislature should reasonably restrict the OSA’s ability to issue 6 noncompliance notices to the six-year period prior to the notice’s issuance date. The 7 Legislature should also require the OSA to conduct any audits on decertified districts 8 within one year of decertification. 9 LE-33. Workforce Housing 10 Issue: Job creation is one of the fundamental goals of economic development. When employers 11 create new jobs through expansion or relocation there must be sufficient housing in the host 12 community for the new workers and their families to live. In rural communities, a lack of 13 housing stock for new workers can prevent a planned expansion or relocation, hampering job 14 growth and economic development. The economics of building a housing development in greater 15 Minnesota communities makes private development difficult, and workers with higher paying 16 jobs do not qualify for traditional affordable housing. This housing gap can bring development 17 and job growth in a community to a halt. 18 In 2014, at the urging of cities through Minnesota, the Legislature created a workforce housing 19 pilot program for three cities in Roseau and Pennington Counties. In 2015 the Legislature passed 20 League-sponsored legislation that created the workforce housing development program and 21 appropriated $4 million to the Department of Employment and Economic Development (DEED) 22 to administer the program. Once grant awards from DEED were made, prevailing wage 23 requirements, construction costs, and land prices have shown to lessen the effectiveness of 24 creating more workforce housing units. It is important to ensure the appropriate resources and 25 process exist for the Department of Labor and Industry (DLI) to determine representative and 26 accurate prevailing wage amounts in different areas across the state. 27 148 The 2017 Legislature approved funding for the Workforce Housing Grant Program at $2 million 1 each year. The program was moved from DEED to be administered by MN Housing Finance 2 Agency (MHFA) in Minn. Stat. 469A.39 with a change in qualifications that gives preference to 3 cities under 30,000 population (rather than 18,000 previously). 4 The 2017 Legislature also approved a new use of TIF authority for workforce housing (Minn. 5 Stat. § 469.174-176). In addition to requirements under Minn. State. 469.175, subd. 3, county 6 and school boards must approve the TIF plan before it is enacted and the authority sunsets in 7 2027. These additional requirements specific to workforce housing TIF districts put additional 8 barriers on workforce housing development and does not fully recognize the role of cities as the 9 typical lead government entity on housing projects. Minn. Stat. § 469.175, subd. 2, currently 10 requires cities to provide the county auditor and clerk of the school board with the proposed TIF 11 plan and an estimate of the fiscal and economic implications of the proposed TIF district at least 12 30 days before the public hearing required by Minn. Stat. § 469.175, subd. 3. The county auditor 13 and school board shall provide copies of these TIF plan materials to members of their boards. 14 These current requirements provide sufficient notice to taxpayers and other government entities 15 about proposed TIF districts. 16 Response: The League of Minnesota Cities supports additional tools for local communities 17 to develop workforce housing: 18 a) MHFA should solicit input from local communities to ensure that the goals of the 19 Workforce Housing Development Program are met, and MHFA should award funds to 20 eligible projects as quickly and efficiently as possible; 21 b) The Legislature should increase funding to the Economic Development and Housing 22 Challenge Program to aid housing in support of job growth, and amend Minn. Stat. § 23 462A.33 to either increase or eliminate the maximum income levels for participation in 24 the program; and 25 c) The Minnesota Housing Finance Agency should make administrative changes to the 26 Economic Development and Housing Challenge Grant program to streamline the 27 application process, reduce the per-unit cost of constructing affordable housing, and 28 149 increase the construction of affordable rental units at 80% of median income and 1 owner-occupied units at 115% of median income, as currently allowed by state and 2 federal law; and 3 d) The Legislature should pass legislation creating a workforce housing tax credit to spur 4 development of workforce housing. 5 e) The Legislature should scale the Workforce Housing Development Program to account 6 for the additional cost associated with the prevailing wage requirements. 7 f) The Legislature should streamline the provisions in Minn. Stat. § 469.175, subd. 3 8 required of cities to establish a workforce housing TIF district including eliminating the 9 provision that requires a city to determine average vacancy rates and county board and 10 school board approval for a workforce housing TIF plan before it is enacted and the 11 Legislature should also eliminate the sunset of the workforce housing TIF authority. 12 LE-34. Development Along Transit Corridors 13 Issue: While the establishment of transit lines and corridors provide the impetus for economic 14 development, there are limits to existing development tools that hinder full development of 15 transit corridors. For example, acquisition of land outside of the line but within the corridor can 16 be difficult, and current tools are not well-suited for the creation of public spaces, enhancement 17 of infrastructure, and investments such as parking ramps that are necessary components of a 18 transit-oriented development plan. 19 In 2008 the Department of Employment and Economic Development (DEED) was authorized to 20 establish Transit Improvement Areas, which should complement long-term transportation 21 planning initiatives such as MAP-21 and Minnesota GO. Transit Improvement Areas include 22 parcels of land that are located in part within one-half mile of a transit station. A transit station is 23 defined as a physical structure or designated area which supports the interconnection of various 24 transportation modes, including light rail, commuter rail and bus rapid transit, and which 25 promotes and achieves the loading, discharging and transporting of people. The commissioner of 26 DEED may designate a Transit Improvement Area if it will increase the effectiveness of a mass 27 150 transit project by incorporating one or more modes of public transportation with commercial and 1 housing development, as well as providing a clean and pleasant place for pedestrian use. DEED 2 has designated over 50 Transit Improvement Areas; all but two are located in the seven-county 3 metropolitan area. Although the language passed and was signed into law by the governor 4 (Minn. Stat. § 469.35), there was no funding put into place to implement the new program. 5 Response: The League of Minnesota Cities urges the Legislature to increase the ability of 6 traditional economic development tools, including tax increment financing, tax abatement, 7 and special service districts, to address the needs of transit-oriented development. The 8 League encourages the Legislature to appropriate bonding and general fund dollars for 9 revolving loans and grants to fund the TIA program. Additionally, the Legislature should 10 consider adding park and ride facilities to the list of qualifying transportation modes, as 11 defined in Minn. Stat. § 469.351. Because the majority of the DEED-designated Transit 12 Improvement Areas are currently located in the seven-county metropolitan area, increased 13 funding for this program will not be balanced between greater Minnesota and the metro 14 area. Additional funding for this program should not change the overall balance of state 15 funding between greater Minnesota and the seven-county metropolitan area. 16 LE-35. Authority to Create Public Infrastructure Utilities 17 Issue: Successful economic development efforts and community stability are dependent upon a 18 city’s ability to make infrastructure investments. Current infrastructure funding options available 19 to cities are inadequate and unsustainable. Funding pressures have been exacerbated by levy 20 limits, unallotment and reductions in the local government aid and market value homestead 21 credit programs. The existing special assessment law, Minn. Stat. ch. 429, does not meet cities’ 22 financing needs because of the special benefit requirement. The law also requires a bond election 23 unless a minimum of 20 percent of such a project can be specially assessed against affected 24 properties due to the increase in fair market value or “benefit” from the project. In practice, 25 however, proof of increased property value to this degree of benefit can rarely be proven from 26 regular repair or replacement of existing infrastructure such as streets or sidewalks. Alternatives 27 to the Minn. Stat. ch. 429 methods for financing infrastructure improvements are nearly 28 nonexistent. 29 151 The Legislature has given cities the authority to operate utilities for waterworks, sanitary sewers, 1 and storm sewers. The storm sewer authority, established in 1983, set the precedent for a 2 workable process of charging a use fee on a utility bill for a city service infrastructure that is of 3 value to everyone in a city. Similar to the storm sewer authority, a transportation or sidewalk 4 utility would use technical, well-founded measurements and would equitably distribute the costs 5 of local infrastructure services. 6 Response: The Legislature should authorize cities to create, as a local option, additional 7 utilities such as a transportation or sidewalk utility, that ensure funding for the 8 maintenance of these public amenities. Additionally, whether established as a new chapter 9 of law or added to the list of service charges in Minn. Stat. § 429.101, cities should be able 10 to impose service charges against property to ensure the maintenance and safety of the 11 right of way for all Minnesotans without having to prove an increase in fair market value 12 or having to determine whether those contributing to the utility fund are taxable or tax-13 exempt. Such authority would acknowledge the effects of repeated levy limits and the 14 general funding shift from the state to local governments for building and maintaining 15 necessary infrastructure; the benefits to all taxpayers of a properly maintained public 16 infrastructure; and, the limitations of existing special assessment authority. 17 LE-36. Adequate Funding for Transportation* 18 Issue: A well-coordinated state transportation policy utilizing all modes of transportation in 19 moving passengers and freight will enhance the state economic development of new and 20 expanding business as well as foster additional tourism opportunities. 21 Response: More resources must be dedicated to all components of the state’s transportation 22 system, and local units of government must have access to resources and funding tools to 23 meet growing needs. The League of Minnesota Cities supports: 24 a) Development of a comprehensive state transportation policy which provides an 25 environment where all modes of transportation (motor, rail, air, water and pipeline) 26 complement each other in moving passengers and freight within the state. 27 152 b) AIncreased dedicated and sustainable state revenue source for non-municipal state aid 1 city streets. 2 c) The Statewide Transportation Plan 2009-2028 developed by the Minnesota Department 3 of Transportation (MnDOT). 4 d)c) MVST distribution of 60 percent for roads and bridges and 40 percent for transit. 5 e)d) A permanent increase in the gas tax. 6 f) Indexing of the gas tax, provided there is a limit on how much the tax can be increased 7 for inflation in a given amount of time. 8 g)e) Increases in vehicle registration taxes (tab fees). 9 h)f) Trunk highway bonding provided the Legislature implements reasonable 10 restrictions on the amount of debt service the state will incur, and provided the 11 Legislature appropriates funding to assist with local costs related to projects funded 12 with trunk highway bonds. 13 i)g) General obligation bonding for local roads and bridges, particularly for routes of 14 regional significance. 15 j)h) A sales tax increase dedicated to transportation. 16 k)i)Funding to assist cities burdened by cost participation responsibilities imposed by 17 improvement projects on the state’s principal arterial system and on the county state 18 aid highway (CSAH) system. 19 l)j) Funding for transportation components of economic development and redevelopment 20 projects. 21 m)k) Full funding for all components of state highway projects, including related 22 stormwater management systems, through state sources. 23 153 n)l)Establishment of a “Mainstreets Fund” to assist cities with non-transportation related 1 components of trunk highway projects such as utility upgrades and improvements that 2 contribute to economic development. 3 o)m) Funding to build roads to standards that can accommodate the year-round 4 transport of heavy loads. 5 p)n) A sales tax exemption for materials purchased for state and local road, bridge, 6 sidewalk, trail and transit construction projects. 7 q)o) Authority for cities to impose development impact fees for transportation 8 infrastructure. 9 r)p) Local funding options that would allow cities to raise revenues for roads, bridges, 10 sidewalks, trails, and transit. 11 s)q) Expanded use of alternative revenue sources such as MnPASS and other tolling 12 mechanisms for funding of maintenance and construction (where feasibility studies 13 indicate the program is appropriate). 14 LE-37. Turnbacks of County and State Roads 15 Issue: As road funding becomes increasingly inadequate, more roads are being “turned back” to 16 cities from counties and the state. 17 Response: Turnbacks should not occur without direct funding or transfer of a funding 18 source. A process of negotiation and mediation should govern the timing, funding, and 19 condition of turned-back roads. Agreements should be negotiated and finalized before 20 work on a project requiring a turnback begins. City taxpayers should receive the same 21 treatment as township taxpayers. The requirement for a public hearing, standards about 22 the conditions of turnbacks, and temporary maintenance funding should also apply to 23 county turnbacks to cities. At a minimum, roads that are proposed to be turned back to a 24 city government should be brought up to the standards of the receiving government, or 25 that city should be compensated with a direct payment. Direct funding should be provided 26 154 for smaller cities that are not provided with turnback financing through the municipal 1 state aid system. 2 LE-38. MnDOT Rights-of-Way Maintenance 3 Issue: Maintenance of property, including government property and facilities, is important to 4 public safety and to the image of Minnesota cities. Cities are acutely aware of the responsibility 5 they have for enforcing property maintenance codes pertaining to grass mowing, noxious weed 6 abatement, the placement of trash in yards and fence maintenance. 7 Minnesota has many miles of highways that run through cities. In recent years, the Minnesota 8 Department of Transportation (MnDOT) has cut a substantial percentage of its rights-of-way 9 management staff. The cuts have resulted in reduced maintenance along some corridors and on 10 parcels acquired by MnDOT for transportation purposes. Specifically, MnDOT has reduced the 11 frequency of mowing, litter collection, noxious weed abatement, graffiti abatement and repair of 12 fences and guard rails. This maintenance reduction has created public safety concerns, 13 undermined efforts to keep corridors attractive and presented challenges for communities 14 working to promote economic development. 15 Response: MnDOT must maintain state rights-of-way and parcels acquired by MnDOT for 16 transportation purposes located within city limits in a manner consistent with local 17 ordinances governing the upkeep of private property when requested by the city. 18 Alternatively, MnDOT should reimburse Minnesota cities for the labor, supplies, and 19 equipment necessary to maintain state rights-of-way to meet city standards and/or 20 minimize public safety hazards. The Legislature must provide MnDOT with adequate 21 funds to maintain state rights-of-way. 22 LE-39. Funding for Non-Municipal State Aid City Streets* 23 Issue: Minnesota has over 141,000 miles of roadway, and more than 22,500 miles—or 16 24 percent--are owned and maintained by Minnesota’s 853 cities. 25 The Minnesota Constitution limits eligibility for dedicated Highway User Tax Distribution Fund 26 dollars to up to twenty percent of streets in cities with populations over 5,000 (147 of 853 cities). 27 155 This means almost 85 percent of municipal streets are ineligible for municipal state aid (MSA) 1 funds and must be paid for with property taxes and special assessments. Funding challenges are 2 compounded by city cost participation requirements in state and county highway projects, which 3 divert resources from city-owned streets. 4 Recognizing the unique street funding needs in cities under 5,000 population, the 2015 5 legislature created the Small Cities Assistance Account (Minn. Stat. § 162.145). Funds in the 6 account are distributed through a formula to all cities under 5,000 population for street 7 maintenance and reconstruction. Unfortunately, funding for the account has only been provided 8 for three times. Because Small Cities Assistance funding has been provided so inconsistently, 9 small cities have had difficulty using the revenue stream as a tool to maximize pavement 10 management and street improvement planning. 11 Maintenance costs increase as road systems age, and no city--large or small—is spending enough 12 on roadway capital improvements to maintain a 50-year lifecycle. For every one dollar spent on 13 maintenance, a road authority--and therefore taxpayers--save seven dollars in repairs. According 14 to a report released in late 2012 by the governor’s Transportation Finance Advisory Committee, 15 cities collectively need an additional $400 million per year to bring city streets up to an 16 economically competitive standard. 17 In 2023 the legislature created the Transportation Advancement Account, which will provide 18 ongoing funding for the Small Cities Assistance Account and a new Larger Cities Assistance 19 Account. The revenues for this account have not yet been collected, and there will be a delay of 20 approximately two years before meaningful amounts of funding flow to these accounts. 21 Response: City streets are a separate but integral piece of the network of roads supporting 22 movement of people and goods. Cities need greater resources and flexible policies in order 23 to meet growing demands for street improvements and maintenance. The League of 24 Minnesota Cities supports: 25 a) A Increased dedicated and sustainable state funding source for non-MSA city streets in 26 large and small cities statewide; 27 156 a)b) One-time funding for the Small Cities Assistance Account and the Larger Cities 1 Assistance Account to bridge the gap between when the Transportation Advancement 2 Account was created and when funds will reach the account; 3 b)c) enabling legislation that would allow cities to create street improvement districts 4 (similar to sidewalk improvement districts already allowed under Minn. Stat. § 435.44); 5 and 6 c)d) the creation of a new fund within the Local Road Improvement Program that would 7 provide grants to cities burdened by cost participation requirements related to trunk 8 highway and county state-aid projects. 9 LE-40. Authority to Allow Amenities in MnDOT Rights-of-Way 10 Issue: Cities served by the state’s trunk highway system frequently request features on the 11 highway right-of-way (ROW) that would improve the aesthetics of the highway or provide 12 public amenities exceeding components the Minnesota Dept. of Transportation (MnDOT) may 13 include. Minn. Stat. §161.20, Subd. 2(b), gives the MnDOT commissioner authority to make 14 agreements with and cooperate with any governmental authority relating to trunk highway 15 construction and improvements; however, Minn. Stat. §161.434 provides that arrangements and 16 agreements must be “for highway purposes”. 17 These restrictions are problematic in cities where a downtown commercial area exists along a 18 trunk highway. Some of these cities desire amenities that would make commercial areas adjacent 19 to trunk highways more vibrant by allowing outdoor dining, landscaping, decorative lighting or 20 other aesthetic improvements that do not serve a highway purpose. Under current law, the city 21 cannot approve amenities that encroach on the ROW. 22 Response: The League of Minnesota Cities supports authorizing cities, by ordinance, to 23 allow amenities that do not serve highway purposes on trunk highway ROW within their 24 jurisdictions. The League also supports a requirement that MnDOT develop and approve 25 rules related to local ordinances. 26 157 LE-41. Complete Streets* 1 Issue: There is increasing public support for the reform of local street design policies to make 2 streets safer for pedestrians, cyclists and neighborhood residents. 3 Response: The League of Minnesota Cities supports reforms in state design guidelines for 4 local streets that would give cities greater flexibility to safely accommodate all modes of 5 travel, including walking and biking. The state should also provide incentives such as 6 grants to local units of government working to advance complete street projects. 7 Crosswalks and Safe Routes to School projects should be eligible for incentives. 8 The League opposes state imposed unfunded mandates that would increase the costs of 9 building streets in contexts where facilities for cyclists and pedestrians are unnecessary or 10 inappropriate. 11 LE-42. Authority to Implement Infrastructure Fees 12 Issue: New development and the resulting growth create an increased demand for public 13 infrastructure and other public facilities. Severe constraints on local fiscal resources and dramatic 14 forecasts for population growth have prompted cities to reconsider ways to pay for the inevitable 15 costs associated with new development. 16 Traditional financing methods tend to subsidize new development at the expense of the existing 17 community, discourage sound land-use planning, place inefficient pressures on public facilities, 18 and allow under-utilization of existing infrastructure. Consequently, local communities are 19 exploring methods to ensure new development pays its fair share of the true costs of growth. 20 In Harstad v. City of Woodbury, 916 N.W.2d 540 (Minn. 2018), the Minnesota Supreme Court 21 recently clarified that state statute does not provide the authority for cities to impose 22 infrastructure fees to fund future road improvements when approving subdivision applications 23 under Minn. Stat. § 462.358, subd. 2a. Given the existing authorization to impose fees on new 24 development of other infrastructure, such as water, sanitary and storm sewer, and for park 25 purposes, it is reasonable to extend the concept to additional public infrastructure and facilities 26 improvement also necessitated by new development. 27 158 Response: The Legislature should authorize local units of government to impose 1 infrastructure fees so new development pays its fair share of the off-site, as well as the on-2 site, costs of public infrastructure and other public facilities needed to adequately serve 3 new development. 4 LE-43. Safe Routes to School Grants Management 5 Issue: The Safe Routes to School (SRTS) Program provides funding support for capital projects 6 that promote and encourage more students to walk or bicycle to school by making the school 7 routes safer and more accessible. 8 The following are some types of SRTS infrastructure improvement grants that are provided by 9 the state and offered through the Minnesota Dept. of Transportation (MnDOT): 10 a) School site improvements: secure bicycle parking facilities, traffic diversion improvements, 11 and Americans with Disabilities Act (ADA) improvements; 12 b) Pedestrian facilities: new sidewalk, sidewalk gap closures, and related ADA improvements; 13 c) Bicycle facilities: bicycle trails, separated multi-use or shared paths and related ADA 14 improvements; and 15 d) Traffic calming and crossing improvements: curb extensions, speed humps, median refuges, 16 enhanced crosswalk markings, timed on/off beacons, vehicle feedback signs (dynamic speed 17 signs), and other traffic control devices. 18 Cities that receive municipal state aid (MSA)--those with populations above 5,000--may apply 19 for and administer their own SRTS grants. Non-MSA cities, even those with a city engineer on 20 staff or contract, must rely on the county to manage any grant funds secured as well as to 21 approve the project design. In some cities, this requirement has led to project delays and disputes 22 with counties over project design and delivery. 23 Response: The League of Minnesota Cities supports changes to MnDOT rules to allow 24 small cities that have the capacity to manage SRTS grants and projects to do so without 25 county approval. 26 159 LE-44. Railroads* 1 Issue: Railroads impose far-reaching and long-term impacts on communities. The impact of 2 railroads on communities has become more pronounced in Minnesota as the number and length 3 of trains have increased due to frac sand and crude oil entering the state by rail to and from North 4 Dakota. While railroads often support economic activity and can relieve pressure on roadway 5 and bridge infrastructure, they also bring noise, environmental impacts and safety challenges. 6 Below are some of the concerns cities have raised about railroads: 7 a) Local public safety personnel are underequipped to respond to a potential derailment of a 8 train carrying hazardous materials such as crude oil or nuclear products. 9 b) The cost-share ratio related to roadway crossing improvements is borne disproportionately by 10 the public sector. Some estimates are 80 percent public to 20 percent private funding, 11 regardless of the public entity’s ability to pay or whether service is provided within the 12 community. Funding has not kept pace with the growing need for grade separations. 13 c) Legislation brought by the railroad industry that would exempt railroads from stormwater 14 fees and assessments and shift the cost of complying with stormwater management to other 15 property owners. 16 d) The financial burden is faced by the public sector to deal with mitigation improvements, a 17 cost that the Surface Transportation Board (STB) is not requiring the private sector to pay. 18 e) At-grade crossings are blocked by both long moving trains and by trains that stop and remain 19 stopped, sometimes for hours at a time. Blocked crossings delay motorists and sometimes 20 prevent passage of emergency vehicles. 21 f) Difficulty and expense of imposing and enforcing whistleblowing ordinances. 22 g) Unabated graffiti on railroad cars and structures. 23 h) Negative impacts of long- and short-term storage of rail cars on adjacent properties. 24 i) Pre-emption of local and state authority to regulate railroad activities. 25 160 Response: The League of Minnesota Cities opposes legislation and policies that 1 disproportionately shift authority, costs and/or liability away from railroad companies and 2 onto other entities. The railroad industry, along with state and federal government, must: 3 a) Adequately mitigate the negative impacts of railroads on communities; 4 b) Allow local governments to enforce the existing state and federal laws regarding the 5 maximum time a crossing may be blocked, and provide a mechanism to do so; 6 c) Provide that timely notice to the impacted municipality is required in advance when a 7 crossing or crossings will be blocked by a stopped train; 8 d) Require railroad companies to provide a direct emergency response telephone number 9 for city first responders (police, fire, ambulance or other designated official) to call 10 when an at-grade crossing is blocked, and the emergency services need this crossing 11 immediately unblocked to continue their response; 12 e) Allow local governments to enforce whistle-free zones; 13 f) Impose and implement safety standards that are in the best interest of the public, 14 including requiring every train that is carrying freight to be operated with a crew of at 15 least two crewmembers; 16 g) Equip and train local public safety officials to respond to potential catastrophic rail 17 incidents; 18 h) Develop plans and identify funding sources for more grade separations between 19 railways and roadways; and 20 i) Fund and implement improvements to rail car storage facilities. 21 The public sector should not incur the costs of improvements sought by the private sector, 22 and cities should not be required to fund most of the cost of crossing repairs or 23 improvements. The federal government must exercise greater oversight of the STB to 24 ensure fair and equitable solutions are reached when dealing with cities in Minnesota. 25 161 Finally, the Minnesota Department of Transportation’s (MnDOT’s) Office of Freight and 1 Passenger Rail should advocate on behalf of local communities when conflicts between 2 cities and railroad entities arise. 3 LE-45. Airport Planning and Funding 4 Issue: Airports are an essential component of Minnesota’s transportation infrastructure. Airports 5 in the State of Minnesota serve important gateway to the region, the nation, and global markets. 6 They serve as a primary access point to our national airport system. The Minneapolis St. Paul 7 International Airport (MSP) is critical to the movement of people and goods in and out of the 8 state and even with all the planned improvements, it will eventually reach its capacity. The state 9 needs to implement a long-term strategy to make better use of other airport facilities and existing 10 resources, reduce environmental impacts, and achieve sound and sustainable economic growth 11 throughout the state. 12 Aviation planning is a multi-layered effort with different levels of responsibilities. Currently, the 13 State Airports System Plan is put together by MnDOT with individual pieces developed by the 14 Federal Aviation Agency (FAA), Metropolitan Council (MC), and Metropolitan Airports 15 Commission (MAC). Aviation planning could be improved by a more unified statewide effort 16 and coordination of the various aviation strategies through creation of an oversight body. 17 Minn. Stat. § 360.017 establishes the State Airport Fund and authorizes the Minnesota 18 Department of Transportation (MnDOT) Office of Aeronautics to support cities, counties and 19 townships in the planning, development, maintenance and safe operation of public airports. In 20 recent years, in order to help balance the state’s budget, the Legislature transferred funds from 21 the State Airport Fund to the General Fund. Although the borrowed funds were eventually 22 repaid in full, efforts to preserve and improve the quality of airports throughout the state were 23 hindered by the unavailability of these revenues. 24 The Minnesota Council of Airports (MCOA), a membership organization for airport authorities 25 and municipal entities who own airports, has led efforts to bring stakeholders together. Most 26 recently, the MCOA established the State Airports Fund Committee to work with the MnDOT 27 162 Office of Aeronautics to discuss and advise future management practices of the State Airport 1 Fund. 2 Response: The state needs a higher degree of integration of agencies (FAA, MnDOT, MC, 3 and MAC) and communities related to aviation planning. The League of Minnesota Cities 4 supports the collaborative efforts initiated by the MCOA and supports the development of 5 a statewide airport advisory board, which could provide input, review and make 6 recommendations to assist in development of a comprehensive statewide State Airports 7 System Plan. 8 The state needs to make planning and investment decisions that will maximize the potential 9 for airports to become economic development centers that provide access to domestic and 10 global marketplaces. Investments in airports allow existing businesses to remain and grow, 11 help attract new businesses, increase employment, and lower product and service costs for 12 the benefit of the region. 13 Finally, the Legislature should not authorize shifting of dedicated State Airports Fund 14 dollars to resolve general fund deficits 15 LE-46. Airport Safety Zones 16 Issue: The field of aeronautics is regulated generally by Minn. Stat. ch. 360 and Chapter 8800 of 17 the Minnesota Rules. Land use safety zones and other public airport zoning standards are 18 established in Minnesota Rules Chapter 8800.2400, and are adopted by local airport zoning 19 regulations that are submitted to the Minnesota Department of Transportation (MnDOT) 20 commissioner for review and approval before adoption. Airport safety zones are intended to 21 restrict land uses that may be hazardous to the operational safety of aircraft using the public 22 airport, and to protect the safety and property of people on the ground in the area near the public 23 airport. 24 While some of the provisions included in the Minnesota Rules are required by the Federal 25 Aviation Administration (FAA), other provisions go well beyond the federal requirements. In 26 163 some cases, the Minnesota Rules do not make sense for the community served by a public 1 airport. 2 Finally, in some cases airports cross multiple municipal jurisdictions. Neither state law nor 3 Minnesota Rules provide powers for joint airport zoning boards. These boards could be useful in 4 resolving interjurisdictional issues involving airport planning, development, funding and zoning. 5 Response: The League of Minnesota Cities supports efforts to protect the safety and 6 property of people living and working near public airports. The League also recognizes 7 that the Minnesota Rules related to public airport zoning standards exceed the FAA’s and 8 other states’ standards and, thus, needlessly infringe on local control. The League supports 9 changes to Minnesota Rules pertaining to airport zoning standards that will more closely 10 align Minnesota’s Rules with those in other states, while at the same time retaining local 11 authority to be more restrictive than the Minnesota Rules. The League also supports 12 changes to Minnesota Statutes and Minnesota Rules that would authorize powers for joint 13 airport zoning boards so issues related to funding, staffing, and authority to enforce 14 ordinances can be resolved at the local level.15 16 164 LE-NEW A. Greenhouse Gas Emissions and Vehicle Miles Traveled 1 Assessment Requirements on Trunk Highway Projects* 2 Issue: For all grade separation and capacity improvement projects on the trunk highway system 3 that are not in the Statewide Transportation Improvement Program (STIP) or have not submitted a 4 layout to the Minnesota Department of Transportation (MnDOT) for approval by February 2025, 5 state statute requires assessments of greenhouse gas emissions and vehicle miles traveled. The law 6 applies to capacity improvement projects with a cost of $15 million or more in the metro area and 7 $5 million or more in Greater Minnesota. If the project is not in conformance with established 8 greenhouse gas emissions and vehicle miles traveled reduction targets, there must be a change in 9 the scope or design of the project, sufficient impact mitigation and a revised assessment. If these 10 conditions are not met, the project must be halted and disallowed from inclusion in the STIP. The 11 requirements in this law will significantly increase costs on important future highway expansion 12 and interchange projects in Minnesota. Further, the law fails to acknowledge safety needs and 13 regional economic benefits. 14 Response: The League of Minnesota Cities supports the administration and management of 15 this legislation on a programmatic, or statewide, level versus at the project level to best 16 encourage investment in transit and other projects that provide the greatest return on 17 investment while also not unduly burdening Greater Minnesota projects where mitigation 18 efforts may not be as efficient or implementable. The League also supports removing the 19 vehicle miles traveled assessments as a requirement when a project improves greenhouse gas 20 emissions. In Greater Minnesota, where feasible transit solutions do not uniformly exist, 21 there must be reasonable alternatives for greenhouse gas emissions offsets. New interchanges 22 should be exempt from both assessments when the project provides economic benefits. Safety 23 improvement projects aimed at reducing fatalities should also be exempt due to public safety 24 benefits.25 165 LE-NEW B. Comprehensive Plans and Environmental Review* 1 Issue: Comprehensive plans are essential guiding documents for cities and typically allow for a 2 wide range of development outcomes. To allow for local flexibility and functionality, as well as 3 to best align local goals with regional requirements, it is essential that local plans represent a 4 city’s plans and vision at a high and broad level. Recent litigation, if successful, could require 5 local comprehensive plans to meet the standards of the Minnesota Environmental Rights Act 6 (MERA), even though environmental impacts cannot be measured at the time of planning. This 7 litigation threatens the autonomy of cities to conduct long term planning. 8 Response: The legislature should clarify that cities’ comprehensive plans are exempt from 9 review under the Minnesota Environmental Rights Act (MERA). 10 11 166 HUMAN RESOURCES & DATA PRACTICES1 HR-1. Personnel Mandates and Limits on Local Control* 2 Issue: Many state laws increase the cost of providing city services to residents by requiring city 3 governments to provide certain levels of compensation or benefits to public employees such as 4 paid family and medical leave and earned sick and safe time, by specifying certain working 5 conditions, or by limiting city governments’ ability to effectively manage their personnel 6 resources. For instance, existing state laws limit governments’ ability to effectively address 7 incompetence or misconduct of city employees by specifying certain procedures or standards of 8 conduct that cities must follow. Additionally, state law limits the tools that cities can use to 9 recruit and retain talent which creates challenges during times of low unemployment and a 10 competitive labor market. Finally, several laws are potentially contradictory and force local 11 governments to choose which one to follow. 12 Response: Any new legislation and changes to existing legislation should meet the following 13 goals: 14 a) Recognize the need for local decision-making authority by local elected officials with 15 regard to the terms and conditions of employment for local government employees (e.g. 16 allow local elected officials to determine employee compensation, employee recognition, 17 and to make employee benefit decisions, and allow greater flexibility in how cities may 18 utilize public funds for the recruitment and retention of employees in an ever changing 19 job market). 20 b) Provide funding that pays the full costs of any mandated employment-related 21 expenditures, including, for example, the new sick leave mandates. 22 c) Avoid and eliminate expensive and time-consuming duplicative legal protections and 23 processes for public employees, including those that preclude promotional probationary 24 periods. 25 d) Eliminate contradictory existing laws regarding public employment. 26 167 e) Eliminate mandates for local government employers that are not imposed upon the 1 state as an employer. 2 f) Use the collective bargaining process established by state law, rather than legal 3 mandates, to determine benefits for employees covered by collective bargaining 4 agreements. 5 HR-2. Earned Sick and Safe Time* 6 Issue: The 2023 legislature enacted a law requiring that all employers provide employees one 7 hour of sick and safe time for every 30 hours worked. This law required employees to be eligible 8 to accrue up to 48 hours in a year and 80 hours ongoing after the first year of employment. The 9 law does not have any exemptions for seasonal employees or unique positions that cities may 10 have such as paid on-call fire fighters, election judges, and paid councilmembers. For these 11 positions, it is difficult for cities to apply the new law’s requirements due to their unique and 12 limited employee-employer relationship. 13 In recent years, there have been legislative proposals to require employers to provide “earned 14 sick and safe time” affording employees one hour of sick and safe time for every 30 hours 15 worked. Cities recognize their employees for their dedication to public service and currently 16 provide a wide variety of excellent benefits to their employees and prioritize the health and well-17 being of staff. Benefits include paid time off for most staff who are required to be enrolled in the 18 Public Employee Retirement Association (PERA) (Minn. Stat. § 353.01, subds. 2a, 2b). In 19 developing leave and benefit policies, cities must be mindful of the cost to citizens for programs, 20 much of which are driven by staff compensation and benefits. 21 Response: The legislature should amend Minn. Stat. § 181.9445, subd. 5 to incorporate a 22 well-defined “public employee” definition, not to include unique positions in which there is 23 not a formal employer-employee relationship such as paid on-call fire fighters, elected 24 officials, election judges, or other non-traditional positions. 25 To avoid significant cost increases and to provide clarity, the Legislature should use the 26 same eligibility requirements for public employees outlined in state statute for PERA 27 168 participation if a mandatory sick and sick and safe time program is enacted by the 1 Legislature. 2 HR-3. Pay Equity Compliance 3 Issue: In 1984, the Legislature passed the Local Government Pay Equity Act to eliminate sex-4 based wage disparities in public employment. The Act requires each local government to submit 5 reports of its pay structure to the state’s Pay Equity Compliance Coordinator within the 6 Department of Management and Budget. The data is then subject to analysis to determine if there 7 are inequities in the city’s pay structure. Since its passage, the administrative rules implementing 8 the Act have not substantively changed. 9 Response: The League of Minnesota Cities supports the Local Government Pay Equity Act 10 and seeks to partner with the Legislature and the state’s Pay Equity Compliance 11 Coordinator to update and improve the current system so that cities can more efficiently 12 and effectively fulfill the mandated reporting requirements. Local governments and the 13 state should: 14 a) Explore and document problems individual local governments are experiencing, and 15 evaluate whether the problems are widespread and if they can be resolved 16 administratively; 17 b) Evaluate the reporting process, and make recommendations for improvement as 18 needed; 19 c) Review the methodology for analyzing pay equity data; and 20 d) Evaluate the process by which cities receive notification of reporting requirements and 21 compliance issues and make recommendations for improvement as needed. 22 HR-4. Public Employment Labor Relations Act (PELRA)* 23 Issue: The League of Minnesota Cities supports the purpose of the Public Employment Labor 24 Relations Act (PELRA) to balance the rights and interests of public employees, public 25 employers, and the general public. However, certain changes are necessary to assist public 26 169 employers in implementing this law. For example, current definitions of “public employee” are 1 confusing and difficult to manage. In addition, the arbitration process has produced decisions 2 that are contrary to the interests of the public, and the legal standard for overturning arbitration 3 decisions is very difficult to meet. Also, recent interpretations of Minn. Stat. § 179A.25 4 (independent review of non-union employee grievances) has created uncertainty and confusion 5 in the longstanding judicial process used by courts to review city council administrative 6 decisions, particularly employment termination decisions of non-union employees. 7 Additionally, the 2023 legislative session resulted in changes to PELRA that diminish essential 8 employer rights to conduct operations and provide public services. The new law removed 9 number of personnel as an inherent managerial right and added staffing ratios to the terms and 10 conditions of employment subject to collective bargaining. It is unclear how this new condition 11 would be bargained. Additionally, limiting public employers from determining the number of 12 personnel hired for various positions could hinder the ability to respond expeditiously in a crisis, 13 limits their ability to be responsive to taxpayers, and subjects them to risk if they are unable to 14 meet bargained terms due to external challenges such as a competitive labor market. 15 Response: Minn. Stat. ch. 179A should be modified to: 16 a) Change the definition of “public employee” under PELRA by removing the existing 14-17 hour/67-day requirement and replace it with a definition in which employees must work 18 an annual average of 20 hours or more per week. 19 b) Exclude temporary or seasonal employees, as well as unpaid volunteers, from the 20 PELRA definition of public employee in Minn. Stat. ch. 179A. 21 c) Provide different options for accessing arbitrators and utilizing the arbitration process 22 in order to “address inequities” between union and management representatives. 23 d) Allow public employers to bypass mandatory arbitration required under PELRA and 24 directly access the district court or Office of Administrative Hearings system in 25 situations where an employee is being terminated for gross misconduct (e.g., excessive 26 use of force, sexual harassment, sexual abuse, theft or a felony conviction) that is 27 related to the employee’s position with the public employer, including establishment of 28 170 a standard that defers to the public employer’s decision on termination if it has met a 1 standard of reasonableness. 2 e) Repeal Minn. Stat. § 179A.25 or, in lieu of repeal, exclude employment terminations 3 from Minn. Stat. § 179A.25; require a 60-day timeframe for filing a petition for review 4 of a grievance under Minn. Stat. § 179A.25; and clarify that decisions of Bureau of 5 Mediation Services (BMS) under this section are non-binding and merely advisory. 6 f) The League opposes legislation that would propose employer payment of grievance 7 arbitration fees when a settlement is offered to a grievant and declined. 8 f)g)League opposes legislation that diminish or restrict inherent managerial rights of public 9 employers. 10 HR-5. Implications of Janus v. AFSCME 11 Issue: Historically, both members and non-members of public sector unions could opt out of 12 paying the portion of dues that explicitly go to the union’s political activities. But, until recently, 13 non-members were still required to pay what was called a “fair share” fee, allegedly because 14 even non-members receive the benefits of union representation. Union dues are deducted from 15 employee paychecks by employers based on notification of membership provided by labor 16 unions. 17 Overruling decades of precedent, in June 2018, the U.S. Supreme Court ruled it is 18 unconstitutional for public employees who object to belonging to a union to be required to pay a 19 fair share fee. (Janus v. AFSCME). Specifically, the Supreme Court held that laws compelling 20 fair share dues from unwilling members violated the First Amendment by requiring these 21 employees to, in effect, pay for speech with which they do not agree, and that affirmative, 22 voluntary consent is required for dues deduction. Given the degree of uncertainty about the 23 implications of the ruling, public employees are seeking information about their constitutional 24 rights regarding labor union membership and associated dues. The Minnesota Public 25 Employment Labor Relations Act defines unfair labor practices (“ULPs”) to include dominating 26 or interfering with the formation, existence, or administration of union membership. To avoid a 27 potential allegation that they have engaged in unfair labor practices, if employees seek 28 information about union membership from their employers, employers often refer their 29 171 employees to union representatives for additional information. The Minnesota Bureau of 1 Mediation Services (BMS) is the state agency charged with providing technical training and 2 information on collective bargaining for the public sector in Minnesota. BMS would be an ideal 3 resource for employees to find critical information about labor union membership, particularly in 4 the wake of the recent Supreme Court ruling. 5 Additionally, as public sector unions are examining methods to compensate for fair share 6 revenue that may now be lost, laws have been proposed in states outside of Minnesota, which 7 preempt the bargaining process and impose new requirements on public employers. Some of the 8 proposed requirements are designed to help unions market their services to their members or to 9 require the public employers to pay the costs of collective bargaining. 10 Response: To ensure that both public employers and public employees successfully navigate 11 the current unknowns following the Janus decision, the League of Minnesota Cities urges 12 BMS to provide and disseminate information to employees about union membership across 13 the state. The League also urges the Legislature to act to protect public employers against: 14 a) ULP charges when providing factual information to employees about union 15 membership; 16 b) ULP charges when requiring unions to provide original documentation of voluntary 17 consent to dues deduction; and 18 c) being forced to pay the direct cost of employee representation by unions. 19 HR-6. Public Employment Relations Board* 20 Issue: Dating back to the 1970’s, Minnesota had a Public Employment Relations Board (PERB) 21 in place, but over time, its responsibilities were changed and reassigned to another bureau. Until 22 the reemergence of the PERB in 2014, unfair labor practices (ULPs) actions could be brought in 23 Minnesota District Courts through injunctive relief. In 2014, the Legislature recreated PERB to 24 hear ULPs filed by employees, employers and labor unions under the Public Employment Labor 25 Relations Act (PELRA). The board was created in Minn. Stat. ch. 179A and after receiving 26 initial funding, the board has yet to be fully funded or operational. Much of the current statutory 27 172 language regarding implementation should be amended to ensure the PERB operates 1 successfully and efficiently for both public employees and employers. 2 Response: The League of Minnesota Cities supports the structure and process to address 3 ULPs that was utilized before the reestablishment of the PERB in 2014. If the PERB is 4 implemented fully and funded sufficiently, the League of Minnesota Cities encourages the 5 Legislature to make the following changes: 6 a) Create statutory authority for the PERB to establish a fee-based structure for filing 7 ULPs and to pay for hearing officers, with costs to be shared by employers and 8 authorized representatives; 9 b) Allow the PERB to defer to the decisions made by an arbitrator to prevent duplicative 10 litigation on the same issue; and 11 c) Amend the Minnesota Government Data Practices Act and the Open Meeting Law to 12 properly maintain the integrity of the hearing process. 13 HR-7. Essential Employees 14 Issue: Cities must balance the health, welfare, and safety of the public with the costs to 15 taxpayers. Essential employee status removes the right to strike but gives the right to mandatory 16 binding arbitration. This status can result in arbitration awards that exceed the city’s budget or 17 conflict with the city’s compensation policy. 18 Response: The Legislature should carefully examine requests from interest groups seeking 19 essential employee status under Minn. Stat. ch. 179A (PELRA). The League of Minnesota 20 Cities opposes legislation that mandates arbitration that increases costs and removes local 21 decision-making authority. 22 The League supports a mandate for Final Offer/Total Package arbitration for all essential 23 groups on a trial basis. The League also supports a change in the PELRA law that would 24 strengthen existing language (Minn. Stat. § 179A.16, subd. 7) requiring arbitrators to 25 consider a public employer’s obligation to efficiently manage their operations. Specifically, 26 173 the statute should be amended to require arbitrators to take into consideration any wage 1 adjustments already given to or negotiated with other groups – both union and non-union 2 for the same employer in the same contract year. 3 HR-8. Re-employment Benefits 4 Issue: Cities are often required to help pay the benefits of workers who have initially been 5 denied benefits through their employment with the city but later been re-employed by a different 6 employer; sometimes this occurs when the employee has been found to have committee gross 7 misconduct while employed by the city. 8 Additionally, employers are prohibited from entering into agreements with employees not to 9 contest or appeal payment of unemployment benefits as part of a settlement agreement at 10 termination of employment. Because most cities are “reimbursement employers,” the majority 11 of the cost of benefits paid to the employee are at the direct expense of the city. The ability to 12 enter into such an agreement can greatly aid a city in reaching a settlement at a relatively low-13 cost to the city’s taxpayers. 14 Response: Cities should not be forced to pay benefits as base wage employers if the 15 employee is determined to have committed gross misconduct during their employment with 16 the city, even if the employee voluntarily resigns. In addition, cities (as reimbursement 17 employers) should be allowed to enter into agreements with employees to not contest a 18 determination of eligibility for unemployment benefits where the employer and employee 19 mutually agree to this as a term of separation. 20 HR-9. Public Employee Defined Benefit Pension Plans* 21 Issue: Public pensions are an important employee benefit that can help cities attract and retain 22 employees. However, unlike salary and other employee benefits that are established by each city, 23 the pension contribution rates and benefit levels are set by the state legislature. Benefit levels and 24 plan costs must be carefully balanced to assure long-term sustainability of the pension plans and 25 affordability to employers and employees. Despite ongoing funding issues, the Legislature and 26 174 Governor had been unable to reach agreement on sustainability changes to the Public Employees 1 Retirement Association plans. 2 In 2018, the Legislature enacted a major pension reform package to improve the long-term 3 financial status of the PERA pension plans. The legislation included benefit reductions for active 4 employees, contribution increases for Police and Fire Plan employers and active employees and a 5 modified cost of living adjustment (COLA) for retirees. 6 Acknowledging rapidly rising inflation and public sector recruitment and retention issues during 7 the 2022 session, legislators discussed modifications to public pensions, including enhanced 8 cost-of-living adjustments for retirees as well as reductions to the employee contribution rates for 9 both the PERA Police and Fire Plan (-2.4 percent of salary) as well as the General Plan (-0.25 10 percent of salary). In order to implement these contribution reductions, the initial proposal would 11 have modified the statutory language defining the employer/employee contribution split for the 12 P&F plan to specify that “employers shall contribute not less than 60 percent and employees 13 shall not contribute more than 40 percent” of the required total contribution, which could result 14 in an annual battle between employers and employees over the financial responsibility for the 15 necessary contributions. 16 Under these proposals, the financial impact to the plans would be offset by additional direct aid. 17 Unfortunately, the aid appropriation for the contribution reduction proposal was static while the 18 impact of the contribution reduction on regular wage growth would have eroded the funding 19 level of the plans over time. 20 The 2023 omnibus Pensions bill appropriated a total of $485.9 million in one-time state aid, 21 allocated to the plans roughly on the basis of accrued liabilities, and provided a one-time COLA 22 increase. Due to the one-time nature of budget target for the Pensions bill, no significant 23 structural changes were made to PERA plans. 24 The bill also reduced the actuarial assumption for investment return from 7.5% to 7%, effective 25 June 30, 2023, and reduced the number of years of service required for full vesting from five 26 years to three years for all members of the PERA General Plan. 27 175 Response: The League of Minnesota Cities supports the sustainability modifications 1 enacted by the legislature in 2018 and continues to oppose any benefit improvements for 2 retirees or active employees until the financial health of the General Plan and the Police 3 and Fire Plan is restored. 4 For the PERA General Plan, any further increases in employer contributions should only 5 be considered by the Legislature after other measures have been considered, including: 6 a) An increase in employee contributions so that employees and employers truly bear the 7 same responsibility to bring the pension plans to full funding; or 8 b) The removal of the cap on PERA Pension Aid payments under Minn. Stat. § 273.1385 9 and the extension of the aid program after FY2020, so the state equalizes the 10 contributions of employees and employers. 11 The League also supports: 12 a) Fully offsetting the additional unfunded liability of any proposed employee contribution 13 reduction with direct state aid to the plan. 14 b) Modifications to the PERA eligibility guidelines to take into account temporary, 15 seasonal, unique part-time, and student employment situations in cities, particularly in 16 recreational operations. These modifications should include the use of pro-rated service 17 credit, which would make PERA consistent with the other major Minnesota pension 18 plans. 19 c) A comprehensive review of exclusions from pension participation with the goal of 20 simplifying current eligibility guidelines. Such a review should also include a possible 21 revision of current penalties for employers that fail to report covered employees to 22 ensure that these penalties are not overly harsh and punitive. 23 d) The transfer of all school district employees out of the PERA General Plan and into 24 another fund that is more appropriate for school district employees as long as the 25 change would not negatively impact the financial health of the pension funds nor result 26 in employer contribution increases. The continued authority of cities to effectively use 27 176 retirees in reemployment situations. The League supports policy changes which would 1 include an increase in the earnings threshold for such retirees and supports keeping the 2 required break in service at 30 days and opposes suspending payments to retirees. 3 For PERA Police and Fire, any further increases in employer contributions should only be 4 considered by the Legislature after other measures have been considered, including: 5 a) An initial increase in the employee contribution of at least 1.0% of salary with 6 subsequent increases split evenly between employee and employer so that the 7 contribution ratio moves toward a more equitable split between employees and 8 employers; or 9 b) An additional state general fund appropriation to fund the deficiency in police and fire 10 pension aid payments so that the state equalizes the contributions of employers and 11 employees. 12 c) Increasing the minimum and full retirement ages for new PERA Police and Fire plan 13 participants. 14 d) Implementing a contribution-based benefit formula that would align benefits payable 15 with contributions made on behalf of an employee in order to address high-five spiking 16 issues. 17 The League also supports: 18 a) Maintaining the current 60/40 contribution split between employers and employees. 19 b) Fully offsetting the additional unfunded liability of any proposed employee contribution 20 reduction with direct state aid to the plan. 21 c) Maintaining the statutory changes made to Minn. Stat. § 353.01 in 2007 that separate 22 injuries resulting from “hazardous duties” from injuries resulting from “non-23 hazardous duties” for purposes of police and fire disability retirement benefits. 24 177 d) A thorough study by PERA of the current effects of overtime accumulation and outside 1 employment compensation on individual pension benefits and the overall funding of the 2 plan. The study should also include recommendations on whether the overtime or 3 outside employment should be factored into or excluded from high five average wage 4 calculations. 5 e) Allowing cities, including cities with combination (full-time and paid-on call staff) fire 6 departments, to work with their fire relief associations to determine the best application 7 of fire state aid. 8 For PERA Corrections Plan the League supports: 9 a) Maintaining the current definition of covered employees for the PERA corrections plan, 10 which does not include dispatchers due to the substantial differences between the job 11 responsibilities of dispatchers and the existing corrections positions covered by this 12 plan. 13 b) Fully offsetting the additional unfunded liability of any proposed employee contribution 14 reduction with direct state aid to the plan. 15 For all PERA defined benefit plans the League supports: 16 a) Adjustments to the benefits for active members and retirees to reduce the cost of the 17 plans. 18 b) Requiring special legislation for individual employee pension benefit increases be 19 initiated or approved by the city council of the impacted city unless the cost of the 20 benefit increase is fully covered by the individual or the legislation addresses a clerical 21 or administrative error. 22 c) Requiring PERA to collect and consider all employer-provided information, including 23 independent medical examinations and other relevant personnel data and to broaden 24 the basis for appealing disability determination decisions. 25 178 HR-10. Deferred Compensation 1 Issue: Cities and other local units of government have been offering employees the option to 2 invest in deferred compensation programs under 457(b) of the federal Internal Revenue Code. 3 Minn. Stat.§ 356.24, subd. 3 imposes requirements for the plan administrator or vendor of a 4 deferred compensation plan to: (1) provide the fee disclosure document to the plan’s participants, 5 and (2) file the fee disclosure document with the executive director of the LCPR (Legislative 6 Commission on Pensions and Retirement) within 30 days of the end of each fiscal year of the 7 plan. If a 457(b) plan administrator or vendor fails to comply with the reporting requirements, 8 the plan would potentially be an unlawful recipient of public funds that are made by a city on 9 behalf of an employee. 10 These new requirements are ambiguous and confusing. For example, it is unclear whether the 11 prohibition on contributing “public funds” to a 457(b) plan includes situations where cities allow 12 unused leave or unused health insurance contributions to be converted to a monetary 13 contribution. 14 The law should also specify that any deferred compensation plan authorized by Internal Revenue 15 Service regulations for local units of government are also authorized by the state. 16 Response: The Minn. Stat. § 356.24, subd. 3 reporting requirements enacted in 2020 for 17 457(b) deferred compensation plans are confusing, unclear and unnecessary and should be 18 repealed. At minimum, the requirements need to clearly define what constitutes public 19 funds, and exempt public employers that do not contribute public funds to a 457(b) plan 20 from the reporting requirements. In addition, the law should be amended to include all 21 IRS-approved deferred compensation plans that are authorized for local units of 22 government. 23 HR-11. State Paid PoliceContinued Health Insurance for Duty Disabled Peace 24 Officers and Firefighters Medical Insurance* 25 Issue: Minn. Stat. § 299A.465 requires public employers to continue health insurance benefits 26 for firefighters and peace officers injured in the line of duty. When the law was enacted in 1997, 27 179 it contained a provision requiring the Department of Public Safety (DPS) to reimburse employers 1 for the full amount of administering this benefit. 2 By 2002, the fund created to provide this benefit became deficient. Instead of increasing the 3 fund, the 2003 Legislature amended the law to pro-rate reimbursements to cities based on the 4 amount available and the number of eligible applicants. The 2003 law change triggered a 5 significant and unanticipated cost to cities. The cost has increased every year for cities, and the 6 funding for the account has never been increased. Even if the health insurance benefit was 7 discontinued entirely, the costs for existing recipients will substantially increase well into the 8 future due to the growing cost of health insurance. 9 In 2015, the Legislature expanded the health insurance benefit to include survivors of volunteer 10 firefighters who die in the line of duty. This change increased the number of firefighters eligible 11 for this benefit from 2,000 to 20,000—without increasing funding for the reimbursement 12 account. 13 A League-supported bill that passed in 2023 reinstated full funding to reimburse employers for 14 the cost of the continued health insurance benefit; however, the one-time funding appropriated is 15 expected to run out in approximately three years. 16 Response: The League of Minnesota Cities supports the following legislative actions to 17 address the funding deficiency in this programaddequately fund the continued health 18 insurance mandate: 19 a) The state must fully fund programs that pay for health insurance for police and fire 20 employees injured in the line of duty and dependents of police and fire employees killed 21 in the line of duty as originally required under Minn. Stat. § 299A.465. 22 b) The Llegislature must avoid further expansion of eligibility for benefits under Minn. 23 Stat. § 299A.465 unless 1) full funding for benefits is provided by the state; and 2) 24 beneficiaries can be enrolled in a state health insurance plan such as the Public 25 Employees Insurance Program (PEIP). 26 180 c) Cumulative injuries that occur over time in the job should not qualify a police officer or 1 firefighter for benefits under Minn. Stat. § 299A.465 since these types of cumulative 2 injuries are not unique to the dangers of police officer and firefighter duties. 3 d) The Llegislature must clarify that the amount of an employer’s contribution under 4 Minn. Stat. § 299A.465 is no greater than that given to active employees in the same job 5 class. 6 e) The Llegislature must establish the minimum criteria used to determine ability to work 7 and set a percentage threshold of disability for eligibility into this program. At a 8 minimum, the Llegislature must identify that a workers’ compensation determination 9 as to whether the injury is work-related is necessary in order to receive the benefits 10 under Minn. Stat. § 299A.465. 11 f) Employees who receive a police and fire disability retirement benefit and accept 12 another job that offers them group health benefits should be required to pay for their 13 group health benefits with the city should they decide to continue them. The 14 Llegislature must amend Minn. Stat. § 299A.465 to reflect that employees are required 15 to inform the city when they become eligible for coverage under another group plan 16 and that failure to do so is grounds for termination from the benefits granted under 17 Minn. Stat. § 299A.465. 18 g) The legislature should establish a task force to study the long-term costs of this 19 program, including funding for an actuarial consultant, and make recommendations on 20 changes to make it more financially feasible for Minnesota taxpayers. 21 HR-12. Health Care Insurance Programs 22 Issue: Cities, like other employers in the state, are struggling with the rising costs of health care 23 insurance for their employees. In addition, cities must cope with unfunded mandates imposed on 24 them by the Legislature such as the requirement to pool early retirees with active employees and 25 the requirement to bargain over changes in the “aggregate value” of benefits, even when the 26 city’s contribution has not changed. 27 181 Response: The League of Minnesota Cities supports legislative efforts to control health 1 insurance costs while maintaining quality health care services. However, cities have 2 differing local needs and circumstances and must retain the flexibility to provide unique 3 and creative solutions to the rising costs of health care insurance for their employees. The 4 League: 5 a) Opposes legislative action that undermines local flexibility to manage rising health care 6 costs. 7 b) Encourages the Legislature to carefully examine the costs and administrative impacts of 8 any new, mandated insurance-related benefit before imposing it upon city employers. 9 c) Supports changes to Minn. Stat. § 471.6161, subd. 5, that would clarify the intent of the 10 subdivision is to address changes in cost vs. changes in value (e.g., changes in provider 11 networks, changes in benefit levels required by an incumbent insurance carrier, 12 changes required for compliance with state and federal laws, including those needed to 13 avoid incurring the federal excise tax known as the “Cadillac Tax”). 14 d) Supports changes to Minn. Stat. § 471.61 so that the requirement for cities to offer 15 retiree coverage begins on the date the retiree and/or dependents become eligible for 16 federal Medicare coverage. 17 e) Supports a clarification to Minn. Stat § 471.61 and to Minn. Stat. § 471.617 to explicitly 18 alleviate a city’s responsibility to comply with group health benefits mandated by state 19 law when the city’s employees are covered under a union plan authorized by federal 20 statutes. 21 f) Supports statutory authorization for cities to collect up to a two percent administrative 22 fee from retirees receiving post-retirement health insurance benefits. 23 g) Opposes any mandatory, centralized, statewide health insurance option for active or 24 retired city employees. 25 h) Supports changing Minn. Stat. § 62A.21 to place reasonable limits on health care 26 continuation for former spouses, similar to the Federal COBRA law. 27 182 HR-13. Workers’ Compensation* 1 Issue: Rising medical costs are an increasingly serious problem for all employers and insurers, 2 and now represent over half of all loss costs within the workers’ compensation system. Medical 3 costs will be a major driver of future workers’ compensation premium increases. In addition, the 4 2013 legislature added post-traumatic stress disorder (PTSD) as a compensable injury and in 5 2014, a Minnesota Supreme Court decision found that provisions in the Workers’ Compensation 6 statute which allow workers compensation benefits for permanent and total disabilities to be 7 offset by disability benefits and pension benefits such as Social Security does not apply to 8 retirement benefits of the Public Employees Retirement Association. In 2018, the Legislature 9 modified Minn. Stat. § 176.011, subd. 15, which defines an occupational disease to add a 10 rebuttable presumption to a diagnosis of PTSD in certain public safety and related personnel. In 11 2020, the legislature initially modified Minn. Stat. § 176.011, subd. 15 to temporarily add a 12 diagnosis of COVID-19 for peace officers, firefighters, paramedics and other defined employee 13 classes as a presumed occupational disease covered by the workers’ compensation system and 14 this presumption has beenwas extended through January 13, 2023. The Minnesota Legislature 15 also regularly considered proposals to expand the heart, lung and infectious disease presumptions 16 for public safety workers, and to make the presumptions more conclusive and difficult to rebut. 17 These types of benefit expansions would further increase municipal workers’ compensation 18 costs. 19 Response: Legislative action is necessary to address increasing workers’ compensation 20 costs, particularly rising medical costs. The League of Minnesota Cities supports: 21 a) Use of the Workers Compensation Advisory Council (WCAC) system to consider 22 proposals for changes to the workers’ compensation law and urges the WCAC and the 23 Legislature to approve medical cost containment reforms. 24 b) Filling an existing WCAC employer vacancy with a public-sector employer 25 representative or adding a designated public-sector employer representative to the 26 WCAC. 27 183 c) Continuing the WCRA as the mandatory workers’ compensation reinsurer for insurers 1 and self-insurers in Minnesota and supports modifying state statutes to treat PTSD 2 events involving several affected parties as one occurrence for retention purposes, 3 thereby reducing the exposure of self-insured entities and the statewide insurance pools. 4 Such a change would not have any effect on the benefit an individual employee would 5 receive. 6 d) Legislation that would disallow the “stacking” of PERA retirement benefits and 7 Workers Compensation benefits due to the fact that some injured employees could 8 receive total compensation from workers’ compensation and PERA retirement benefits 9 that would be well above the salary that they had been earning and the fact that the 10 costs would ultimately be passed on to cities and their taxpayers. 11 e) Extending the time limit on denials of liability for PTSD injuries from the current 14 12 days in order to allow diagnosis in accordance with the requirements contained in the 13 Diagnostic and Statistical Manual of Mental Disorders (DSM) which guides the 14 diagnosis of PTSD under Minnesota Law (Minn. Stat. § 176.011, subd. 15). 15 f) Policies that provide opportunities for employees diagnosed with PTSD to receive 16 treatment for PTSD that could result in continued employment with the local 17 government. 18 g)f)State funding to assist with the potential extraordinary costs of the COVID-19 workers’ 19 compensation occupational disease presumption enacted in Session Laws 2020, Regular 20 Session Chapter 72, extended to December 31, 2021 in Session Laws 2021, Chapter 12 21 and re-enacted from February 3, 2022 through January 13, 2023 in Session Laws 2022, 22 Chapter 32. 23 The League opposes expansion of workers’ compensation and related health insurance 24 benefits because of the potential for dramatically increasing costs to cities. Specifically, the 25 League opposes expansion of the heart, lung and infectious disease and PTSD 26 presumptions, the creation of new occupational disease presumptions as well as any 27 expansion of the law that would require payment of health insurance premiums. 28 184 HR-14. Public Safety Duty Disability* 1 Issue: The League of Minnesota Cities and the communities it serves recognize the inherent 2 dangers faced by peace officers and firefighters in the line of duty. The duties performed by 3 public safety employees sometimes lead to physical and mental injuries. 4 In recent years, the number of public safety employees seeking duty disability determinations 5 through the Public Employees Retirement Association (PERA) and making workers’ 6 compensation claims for line-of-duty injuries has accelerated. This is particularly true in the 7 wake of a 2019 legislative change that made post-traumatic stress disorder (PTSD) a 8 presumptive condition for workers’ compensation purposes. The League is concerned about 9 these trends for the following reasons: 10 a) Every injury that leads to a PERA duty disability retirement and/or workers’ compensation 11 claim impacts the employee, the employee’s family and the employee’s organization. 12 b) The current system for processing and addressing duty disability benefits can be 13 incompatible with the goal of restoring good health and returning employees to work. 14 c) The fiscal impact of the increasing number of claims is unsustainable for employers and, 15 ultimately, taxpayers. 16 d) Public safety agencies, particularly those that are very small and already experiencing 17 recruitment and retention challenges, will not remain viable if they continue to sustain 18 significant personnel losses. 19 Given these concerns, in 2023 the League and cities across Minnesota and other stakeholders 20 helped secure passage of legislation that establishes mental injury prevention and treatment 21 measures and provides $104M to pay for related costs. The bill also provides full reimbursement 22 to employers for the continued health insurance requirement for disabled employees. The 23 funding for the legislation is one-time, and ongoing funding will be needed to successfully 24 address ongoing duty disability challenges. 25 185 Additionally, the League and cities across Minnesota have invested resources into mental and 1 physical injury education, prevention and treatment. The League has also consulted with experts, 2 including those experienced with treating combat veterans, who report that with successful 3 treatment, many injured public safety employees can achieve optimal outcomes of restoring good 4 health for themselves, their families and returning to work. The League is actively working with 5 cities and other stakeholders, including public safety labor representatives, to advance the 6 following: 7 a) Normalizing conversations about mental health within local government organizations and 8 their public safety departments; 9 b) Promoting statewide peer support best practices and training programs; 10 c) Identifying ways to promote cultural behaviors that enhance public safety physical and 11 mental wellness; 12 d) Educating stakeholders (employers, employees and state and local leaders) about PTSD 13 signs, symptoms, treatment options and outcomes; 14 e) Gathering empirical evidence related to treatability of mental injuries; 15 f) Develop human resources guidance that focus on: 16 1) Enhancing relationships between public safety and human resources managers to 17 coordinate and streamline prevention of, and response to, duty disability injuries; 18 2) Implementing best practices and initiatives aimed at improving mental health wellness 19 and preventing and coping with PTSD; 20 3) Providing early intervention/resources for public safety employees who experience work-21 related trauma; and 22 4) Providing paid time off or light duty for public safety employees who experience work-23 related trauma; 24 186 g) Identifying resources (partnerships) to help temporarily backfill positions so employees may 1 take needed time off without losing their jobs or causing hardship for employers/agencies; 2 and 3 h) Developing best practices for return-to-duty following a mental injury. 4 Response: In order to achieve optimal outcomes, additional statewide policies and resources 5 are necessaryfor the 2023 duty disability law to be effective, ongoing state funding is 6 necessary. The League of Minnesota Cities supports ongoing full state funding for: 7 a) Legislative changes that will help ensure appropriate diagnosis and treatment for 8 employees with mental injuries; 9 b)a) Full state funding for tThe Public Safety Officer Benefit Account that reimburses 10 employers for providing continued health insurance to police officers and firefighters 11 injured in the line of duty and dependents of those killed (Minn. Stat. § 299A.465); 12 c)b) Funding to rReimbursemenst to local governments for providing paid time off to 13 public safety employees who experience work-related trauma and/or are seeking 14 treatment for a mental injury; 15 d)c) Funding for iInitiatives and programs that provide peer support, emotional trauma 16 training, early intervention and mental health treatment; and 17 e) Requiring public safety college programs to include mental health and specifically 18 PTSD education as part of their curriculum, focusing on prevention and coping; 19 f)d) Funding for eEmotional trauma training for pre-service and in-service public safety 20 officers; and. 21 g) Advancing wellness for public safety employees as a component of law enforcement 22 reform. 23 187 HR-15. Drug and Alcohol Testing in the Workplace* 1 Issue: Employer testing of job applicants is governed by Minn. Stat. § 181.950 – 181.957 and is 2 known as the Drug and Alcohol Testing in the Workplace Act (DATWA). It applies to all 3 employers with one or more employees, including cities. The DATWA has not been amended for 4 many years to reflect various and significant changes in drug-testing technology nor policy 5 changes at the federal level. 6 The DATWA prohibits an employer from terminating an employee for a positive controlled 7 substance test without first providing the employee a chance for rehabilitation and treatment. 8 This law applies to probationary employees as well as those who have completed probation. 9 Currently, breathalyzer use and saliva swabs are permitted for alcohol testing under federal 10 commercial driver testing laws though Minnesota does not allow for the use of breathalyzers in 11 testing. Use of breathalyzers for employee alcohol testing is a less invasive, less expensive 12 method. In addition, federal commercial driver testing laws address a number of outcomes other 13 than a positive test result, including but not limited to tampering with a sample, providing a 14 substitute sample, providing a sample that is not human urine, providing a sample that is not 15 capable of being tested, etc. State law is silent on these outcomes. 16 Finally, a new law enacted during the 2023 legislative session legalized adult-use cannabis in 17 Minnesota and updated laws related to drug and alcohol testing in the workplace. Currently, 18 testing for cannabis can show evidence of usage for up to 30 days prior to testing and there is no 19 test available to determine an employee’s current intoxication from cannabis. This creates 20 challenges for employers when investigating workplace incidents in which an employee is 21 suspected to be intoxicated by cannabis while working. 22 Response: The League of Minnesota Cities supports the following changes to the DATWA: 23 a) Updates to reflect new issues, such as adding new definitions as needed to reflect 24 current practices; 25 188 b) Clarification that a positive controlled substance test during probation does not require 1 the employer to provide an employee who has not completed probation a chance for 2 rehabilitation and treatment; and 3 c) Permitting the use of breathalyzers and saliva swabs as acceptable technology for 4 determining alcohol use. 5 c)d) The legislature should continue to invest funds into research to develop technology 6 that can assist with determining cannabis intoxication in the workplace. 7 HR-16. Veterans Preference 8 Issue: Cities have a long history of recruiting and hiring veterans as they are a natural fit in city 9 government. Across the state, cities are partners in working with and ensuring veterans have a 10 variety of opportunities afforded to them given their sacrifice and service. The purpose of the 11 Minnesota Veteran’s Preference Act (VPA) is to facilitate the transition of veterans from the 12 military to civilian life and to help compensate veterans for their sacrifices of health and time to 13 the community, state and nation. The VPA grants veterans limited preference over nonveterans 14 in hiring and promotion for most state and local government employment to recognize the 15 training and experience they received as a result of serving in the military. It also provides local 16 government employees who are veterans some protection against unfair demotions and 17 dismissals. These preferences and protections are commonly referred to as “veteran’s 18 preference” and are codified in Minn. Stat. § 43A.11, 197.455, 197.46, 197.48, and 197.481. 19 Once a veteran has completed an initial probationary period upon hire, they cannot be removed 20 from their position or employment, except for incompetency or misconduct shown after a 21 properly noticed hearing. Currently, a veteran can only be placed on probation upon hire but not 22 following a promotion. It is common practice to place employees on probation following 23 employee promotion making this restriction inconsistent with current practice and procedure. 24 Termination hearings are held before the local civil service commission or before an arbitrator 25 and Minn. Stat. § 197.46 allows a veteran to choose a hearing before the local civil service 26 commission, or an arbitrator. Members of civil service commissions are chosen for their 27 189 expertise and experience with employment law. Hiring an arbitrator for a hearing instead of 1 utilizing an established civil service commission is inefficient. 2 Response: The League of Minnesota Cities recognizes the important contributions veterans 3 have made and supports giving veterans limited preference in employment. To strengthen 4 and improve the VPA, the legislature should: 5 a) Allow cities to place veterans on probationary periods upon promotion as they do with 6 other employees; and 7 b) Restore the language in Minn. Stat. § 197.46 requiring a hearing to be held before a 8 local civil service commission where one exists. 9 HR-17. Military Leave Reimbursement 10 Issue: Minn. Stat. § 192.26 subd. 1, requires local units of government to provide 15 days of 11 compensation per year to employees who are members of the military for military leave. State 12 laws give preference to hiring veterans for public sector jobs, and, citizen soldiers are a natural 13 fit to also serve as public safety personnel. As such, many public safety personnel are often also 14 members of the military and are required to conduct training and military duties throughout the 15 year. 16 In addition to providing compensation for mandatory military leave, cities must also ensure that 17 these temporary vacancies are adequately filled by public safety personnel whose training and 18 qualifications are unique to providing public safety. This can result in added overtime costs and 19 may impact public safety service levels. 20 Government employers honor and recognize the importance of ensuring members of the military 21 are able to fulfill their duties and participate in mandatory training, while also aiming to ensure 22 that public safety service in their community is efficient, seamless, and cost-effective. In 23 response to this issue, there have been recent legislative proposals to reimburse local units of 24 government for military leave paid to public safety personnel. 25 190 Response: The League of Minnesota Cities supports state funding to ensure that local units 1 of government can maintain quality and cost-effective public safety services in their 2 communities and for their taxpayers while also offering full support for employees who are 3 members of the military. Such state funding could include reimbursement of costs incurred 4 to local units of government related to compensating personnel on military leave as well as 5 reimbursement for costs related to ensuring these temporary vacancies are adequately 6 filled. 7 HR-18. Tele-Health Exams 8 Issue: Technology improvements are creating new ways to approach many city functions. 9 Specifically, the increased acceptance of the use of tele-health (audio and video, web-based) 10 exams creates an opportunity for cities to access and use psychologists with specific expertise in 11 public safety as part of the hiring process for police officers. However, the Peace Officers 12 Standards and Training (POST) Board has adopted a position prohibiting the use of tele-health 13 exams for the required psychological oral interview/evaluation prior to hiring. 14 Response: The League of Minnesota Cities supports the use of tele-health (audio and video, 15 web-based) exams to meet the requirements of the POST Board for a psychological oral 16 interview/evaluation prior to hiring a police officer candidate. 17 HR-NEW A. Public Employees Retirement Association Police and Fire Plan 18 Membership Eligibility for Fire Department Employees* 19 Issue: According to Minn. Stat. § 353.63, “It is the recognized policy of the state that special 20 consideration should be given to employees of governmental subdivisions who devote their time 21 and skills to protecting the property and personal safety of others.” Since this work is hazardous, 22 special provisions are made for retirement pensions, disability benefits and survivors benefits 23 based on the particular dangers inherent in these occupations. The benefits provided in the Public 24 Employees Retirement Association Police and Fire (PERA-P&F) Plan are more costly than 25 similar benefits for other public employees since they are computed on the basis of a shorter 26 working lifetime taking into account experience which has been universally recognized. Further, 27 191 participation in the PERA-P&F Plan for fire department employees is a valued benefit for the 1 public service provided to residents. 2 For a member of a fire department to be eligible for membership in the PERA-P&F Plan, the 3 primary duties of a person’s position must include extinguishing fires. Inconsistent 4 interpretations of the word “primary” have been encountered by multiple cities and departments. 5 Firefighters and the fire chief position are eligible for PERA-P&F Plan membership due to Minn. 6 Stat. § 353.64 subd. 1 (2) which defines membership as “a full-time firefighter or a person in 7 charge of a designated fire company or companies who is engaged in the hazards of firefighting.” 8 The Public Employees Retirement Association (PERA) has reviewed job descriptions for other 9 positions in a fire department including assistant fire marshal, fire marshal, assistant chief, and 10 deputy chief, and determined that none of these positions are eligible for membership in the 11 PERA-P&F Plan. PERA determined that although the fire marshal and assistant fire marshal may 12 have to report to a fire and do have some risks associated with entering a dwelling post-fire, they 13 are not eligible for membership in the PERA-P&F Plan based on the primary duties of the job 14 not being that of a firefighter (extinguishing fires). PERA also determined that the assistant chief 15 and deputy chief positions also do not have a regular duty to extinguish fires or work as a 16 firefighter. The current interpretation of the statute allowing for a single person in charge of the 17 fire department to be members of the PERA-P&F Plan only applies to the fire chief. 18 Recruitment into fire leadership roles, which may come from other jurisdictions, is an important 19 tool in a city’s workforce toolbox in order to provide public safety to residents. The statute does 20 allow that if a person is transferred/promoted from an eligible PERA-P&F Plan position, then the 21 city can file a transfer resolution to keep them in the PERA-P&F Plan. However, this only 22 applies to current employees in the same jurisdiction and limits the ability for departments to 23 competitively hire leadership positions from out of the state or from other jurisdictions. 24 In its current form and interpretation three issues negatively impact recruitment into fire 25 departments: 26 1. The primary duties of the executive chief officer positions of assistant chief and deputy 27 chief are command and control of fire companies at emergency scenes. Primary is understood to 28 mean the highest priority task and a job requirement that the employee respond on a regular basis 29 192 to the fire and other emergency calls that are received both during and after the employee’s 1 established work hours. 2 2. Fire marshal and assistant fire marshals conduct fire cause determination investigations 3 which take place inside buildings that have been structurally compromised by fire and are 4 exposed to the same carcinogens present and recognized as known hazards of firefighting. 5 Additionally, the fire marshal and assistant fire marshals respond to support fire ground 6 operations in support of the command structure. Responding to an emergency scene is the fire 7 marshal’s and the assistant fire marshal’s primary job requirement. Primary is understood to 8 mean the highest priority task and job requirement that the employee respond on a regular basis 9 to the fire or other emergency calls that are received both during and after an employee's 10 established work hours. 11 3. Fire departments currently have some employees serving in these leadership positions in 12 the PERA-P&F Plan and some who are not. The only difference is that some were once 13 firefighters and others were not. This difference in benefits for the same job classification makes 14 recruitment difficult, as these positions are open to internal and external candidates. Further, as 15 the response to emergency scenes including fires is their primary job responsibility, they need 16 the same benefits as others in the PERA-P&F Plan because a debilitating injury or illness would 17 mean that they would no longer be able to perform their primary responsibility and could not be 18 accommodated permanently causing loss of employment in the position. 19 Response: The legislature should clarify that positions such as fire marshal, assistant fire 20 marshal, assistant chief, and deputy chief are eligible for membership in the PERA-P&F 21 Plan regardless of whether the employee was hired from within the department or was 22 hired externally, if they routinely respond to fire emergencies to support firefighting efforts 23 and are exposed to the risks and hazards of fire scenes. 24 Data Practices 25 193 DP-1. Data Practices Compliance Costs 1 Issue: The purpose of the Minnesota Government Data Practices Act (MGDPA) is to protect 2 personal information from indiscriminate disclosure while balancing the right of the public to 3 know what the government is doing. The Act also attempts to balance these rights within a 4 context of effective government operation. The League of Minnesota Cities supports the public 5 policy behind the MGDPA while acknowledging that compliance with the law imposes costs on 6 local taxpayers. Smaller cities struggle with limited staff and resources while larger cities 7 struggle with larger complex databases. The MGDPA must balance the right of citizens to access 8 public data with the cost to municipalities of complying with certain types of data requests. 9 In 2014, the Legislature imposed additional security requirements on political subdivisions in an 10 attempt to prevent unauthorized individuals from accessing private data. Adequate security 11 measures are important, but they make compliance with the MGDPA more difficult and costly. 12 Although the Legislature has made compliance with the MGDPA a priority, funding for the Data 13 Practices Office of the Department of Administration, the department charged with overseeing 14 the MGDPA, does not reflect the increased need for local government assistance. 15 Cities continue to receive repetitive, overly broad and far-reaching data requests that require 16 significant staff time to locate government records, redact private data or data unrelated to the 17 request, and assemble documents to be provided in order to comply with requirements to provide 18 access to public government data. Cities are experiencing significant increases in wide-ranging 19 data requests, often utilizing specific word searches through multiple databases. “Word search” 20 requests typically result in a voluminous quantity of data that must be reviewed and redacted, 21 with significant staff cost. Because word searches retrieve even incidental references to the 22 searched term, the search results often contain a significant volume of data that has little 23 informational value. If the requestor does not request copies, the search costs cannot be 24 recovered – even though the requestor dictated the specifics of the search. 25 Furthermore, in some situations, as with overly broad data requests related to “applicant” lists, 26 staff time and costs are significantly increased and not recoverable for very limited public 27 benefit. The MGDPA also limits the ability of cities to be reimbursed for responding to requests. 28 194 Cities are limited to charging only 25-cents per page for copies of police motor vehicle incident 1 reports, which does not cover the city cost for copying, while the Commissioner of Public Safety 2 is exempt from this restriction—thereby permitting the Department of Public Safety to continue 3 to charge $5 for incident reports that cities are required to submit to the department. 4 Response: As the cost of complying with the MGDPA increases, the League supports: 5 a) Providing additional state funding to assist political subdivisions with meeting the 6 increasing complexity of managing government data. 7 b) Providing state funding for statewide data practices training. 8 c) Allowing political subdivisions to charge for the staff time that is required to comply 9 with wide-ranging data requests regardless of whether copies of the data are requested 10 or allowing political subdivisions to charge for actual costs for collection of data when 11 the requestor makes his or her own copy of the data by taking a photo, bringing a copy 12 device, etc. 13 d) Providing a mechanism that would permit cities to challenge whether a data request is 14 reasonable and made in good faith. 15 e) Creating and funding an ombudsperson position in the Data Practices Office to 16 determine reasonableness and proportionality of data practices requests. 17 f) Providing funding and authority to the Data Practices Office to engage in the 18 rulemaking process to establish standards and procedures related to requests and 19 responses to data practices requests that impose significant burdens on government 20 entities. 21 g) Amending the MGDPA to limit what is considered public applicant data to better 22 balance the value of public data with the cost related to data practices compliance. 23 h) Allowing political subdivisions to charge the same amount for copies of motor vehicle 24 incident reports issued by local police and fire departments as the commissioner of 25 public safety. 26 195 The League of Minnesota Cities opposes: 1 a) Further increasing the maximum exemplary damages that courts may impose against 2 government entities, including cities, found to have violated the MGDPA; further 3 increasing the maximum civil penalty that may be imposed when a court order is issued 4 to compel a government entity to comply with MGDPA; or any statutory change that 5 would make it a mandatory civil penalty to compel compliance under the MGDPA. 6 b) Repealing of the administrative remedies provisions adopted by the 2010 Legislature to 7 address disputes regarding MGDPA compliance issues. 8 DP-2. Records Retention Compliance Costs 9 Issue: The Official Records Act requires government entities to “make and preserve all records 10 necessary to a full and accurate knowledge of their official activities.” In accordance, cities must 11 establish a records retention schedule, and maintain and destroy official records according to this 12 schedule. There are rigorous requirements for any changes to a city’s records retention schedule, 13 including getting approval from the statutorily-created Records Disposition Panel, which strikes 14 an appropriate balance between the government entity’s decision-making role in determining 15 retention and disposition of official records with the public’s right to know the government 16 entity’s official activities. 17 Response: As the cost of complying with the records management laws increases, the 18 League supports providing additional state funding to assist political subdivisions with 19 meeting the increasing complexity of managing government records. 20 The League of Minnesota Cities opposes changing the current record management 21 requirements and statutory definitions. If changes are needed, subject matter experts 22 should make recommendations through the records retention schedule process. 23 DP-3. Updating the Minnesota Government Data Practices Act* 24 Issue: The Minnesota Government Data Practices Act (MGDPA) was first enacted in 1979. 25 AlmostOver 40 years later, times have changed dramatically. In particular, there has been 26 196 exponential change in technology. In 1979, cities were largely maintaining data in paper form, 1 computers had just become viable for home users, word processing had just become a reality, the 2 first point-and-shoot, autofocus camera came on the market, and the internet was still about a 3 decade on the horizon. 4 While the MGDPA was originally drafted to be future thinking by contemplating the various 5 forms data could be held – including the concept of storage media – the legislators of the time 6 could not have imagined where technology would be today. For example, the originally-drafted 7 MGDPA made reference to photostatic, microphotographic, or microfilmed records. Minn. Stat. 8 § 13.03, subd. 1. The current law still refers to these same mediums of data, despite few cities 9 maintaining data in this manner. 10 Technology has exploded, and the type of data collected by this new technology has multiplied. 11 In our current reality, the public and government have been frustrated by how best to access 12 government data. In Webster v. Hennepin County, 910 N.W. 2d 420 (Minn. 2018), the County 13 was asked to conduct a computer-aided search of all its email accounts over multiple years for 20 14 separate search terms related to biometrics and facial recognition. The Minnesota Supreme Court 15 found that the County failed to establish procedures to ensure appropriate and prompt 16 compliance with data requests but did not find that the County failed to keep its records in an 17 arrangement and condition to make them easily accessible for convenient use. The Court also did 18 not address if a term search was a valid data practices request or if a request could be unduly 19 burdensome. The lack of direction from the Court on these issues leaves a void. 20 There are also other advances in technology that are not comprehensively addressed by the 21 MGDPA. While the Legislature has attempted to address technological advancements as they 22 come, it has been in piecemeal ways. 23 Response: The MGDPA should undergo a comprehensive review periodically to address 24 technological changes, and the Legislature should update the law to address those 25 changes.The Legislature should update the MGDPA to comprehensively address 26 technological changes since the Act was first enacted. Because the MGDPA is a complicated 27 area of law, the Legislature should make changes based on the recommendations from 28 subject matter experts from all levels of government and interested stakeholders, including 29 197 recommendations on what constitutes reasonable data practices request and when a data 1 practices request is unduly burdensome. 2 DP-4. Maintaining Government Data in Large Databases 3 Issue: The Minnesota Department of Administration Advisory Opinion 10-016 issued in June 4 2010 maintains that the Minnesota Government Data Practices Act (MGDPA) requires cities to 5 keep records containing public government data so that they can be easily accessible and 6 convenient to use, regardless of how they are kept. Cities maintain that the application of this 7 advisory opinion to large databases in which records are kept in an electronic format forces cities 8 to risk the daily threat of allegations of noncompliance or leaves local government officials 9 confused regarding how to apply the requirement for access to data in circumstances where 10 information technology is utilized to facilitate the management and organization of records and 11 information which often includes public, private, and nonpublic data within individual data sets. 12 In addition, large databases today contain different forms of data, including video, audio, images, 13 and social media. In responding to data practices requests, responsive data could be stored in 14 multiple data bases. Further, with the advent of cloud-based information systems provided by the 15 private sector, newer databases are not typically designed to be controlled by cities to easily 16 separate public from non-public data. 17 Response: The state of current technology requires cities to maintain large databases that 18 are designed to provide secure data storage and maintenance. Those databases are already 19 burdensome and expensive for cities to maintain but are not available in a form in which 20 public and private data can be easily separated. Requiring cities to design such databases 21 to accommodate extensive data requests under MGDPA is both financially and 22 technologically challenging to achieve. 23 The Legislature should address the growing and costly impact on cities of providing access 24 to specific public data housed in large electronic databases. 25 198 DP-5. Sharing of Student Data with Local Law Enforcement in Emergencies* 1 Issue: Minn. Stat. § 13.32, subd. 3(l), defines education data as private data that must not be 2 disclosed except to the juvenile justice system in cases where information about the behavior of a 3 student who poses a risk of harm is reasonably necessary to protect the health or safety of the 4 student or other individuals. In addition, the federal Family Education Rights & Privacy Act 5 (FERPA) bars schools from disclosing information on student educational records that contains 6 personally identifiable information without consent of a parent or eligible student, with only 7 limited exceptions. 8 Minn. Stat. § 13.32 does not adequately define who is responsible for making the determination 9 that an emergency or risk of harm exists. As a result, school district officials have interpreted the 10 statute in conjunction with the restrictions in FERPA to require that the determination be made 11 solely by school officials. 12 Local police officials are often frustrated in their efforts to investigate allegations of criminal or 13 other illegal activity when school officials refuse, under Minn. Stat. § 13.32, subd. 3(l), and 14 FERPA, to provide information to follow up such complaints or to assist local police in solving 15 crimes that have already taken place. 16 School boards are responsible to have policies in place that require school officials to report a 17 student who possesses an unlawful firearm to law enforcement or the juvenile justice system. But 18 schools are not allowed to release the name of a student in dangerous weapon reports involving 19 use or possession of such weapons that are made to the Minnesota Department of Education. 20 Response: Minn. Stat. § 13.32 should be clarified to allow local law enforcement agencies to 21 work with school officials to jointly make the determination that an emergency or risk of 22 harm exists in order to enable police enforcement actions to be taken in a timely manner, 23 and to aid in the investigation of possible crimes. 24 DP-6. Disclosure of Victim Data 25 Issue: Under the Minnesota Government Data Practices Act (MGDPA), the name and address of 26 a victim or casualty of an accident or incident to which a law enforcement agency responds is 27 199 public government data. In addition, the name and location of the health care facility to which 1 victims or casualties are taken is public government data. The MGDPA allows a victim or 2 witness to prevent the disclosure of public data unless the law enforcement agency determines 3 that revealing the identity will not threaten the victim or witness’s personal safety or property. 4 However, victims and their families can be traumatized by the events that caused their injuries, 5 even when their safety or property is not threatened. Publicly disclosing their identities and the 6 location where they are receiving medical care places a burden on families and victims who may 7 be questioned by reporters, solicited by lawyers, and contacted by other members of the 8 community. While there are legitimate public policy reasons to make this information public, 9 the MGDPA provides no discretion for city officials and law enforcement to temporarily 10 withhold victim data when releasing it is not in the best interest of the victims. This not only 11 makes the initial period of recovery more difficult for victims but erodes the trust between 12 victims and state and local government. 13 Response: The Legislature should amend Minn. Stat. § 13.82 to allow law enforcement 14 agencies to temporarily withhold the disclosure of data that identifies victims and casualties 15 and the medical facilities to which they are taken if the agency reasonably determines that 16 access to the data would cause emotional harm to the individual or otherwise impede the 17 individual’s recovery. The Legislature should also amend Minn. Stat. 13.82 to clearly and 18 permanently prohibit the disclosure of traffic accident victim identity, similar to the 19 protections for crime victims. 20 DP-7. Challenges to the Accuracy of Data 21 Issue: The Minnesota Government Data Practices Act (MGDPA) allows the subject of 22 government data to challenge the accuracy or completeness of data maintained by the 23 government entity. If the government entity denies the challenge, the Act allows the data subject 24 to appeal that determination through a contested case proceeding under the Administrative 25 Procedures Act (APA). 26 In the human resources context, a performance evaluation is a tool used to document and 27 evaluate employee job performance. Performance evaluations are not discipline; however, some 28 200 jurisdictions and some union contracts have appeal processes to challenge a performance 1 evaluation. Performance evaluations are normally conducted once a year. 2 The Minnesota Supreme Court has held that a public employee could use the MGDPA to 3 challenge the accuracy of certain information contained in the employee’s performance 4 evaluation. Schwanke v. Minn. Dept. of Admin., 851 N.W. 2d 591 (Minn. 2014). While the Court 5 held that “dissatisfaction with a subjective judgment or opinion cannot support a challenge under 6 the [MGDPA],” a data subject can still challenge data that supports the subjective judgment. 7 There is currently no limitation on when a performance evaluation challenge may be brought. 8 Often there is no retention period for the underlying data because it is rarely an official record. 9 Furthermore, the more time that passes, the less likely those with the knowledge of a given 10 performance evaluation may be still employed by the city. It is to everyone’s benefit to have the 11 challenge to accuracy of data conducted as soon as possible. 12 Under Schwanke, an invalid challenge to a subjective opinion can no longer be dismissed by the 13 Department of Administration; it can only be dismissed in a contested-case proceeding. In even a 14 frivolous challenge the data subject will have the right to submit evidence and call witnesses at 15 taxpayer expense. 16 This right of review is in addition to any union grievance process and can be exercised by an 17 employee before or after such a grievance is undertaken. This process can result in conflicting 18 decisions and has the potential to create a heavy burden on all levels of government and impose 19 significant costs on taxpayers. 20 Response: In light of the Schwanke decision, the Legislature should modify the data 21 challenge provision of Minn. Stat. § 13.04, subd. 4, to balance the rights of data subjects to 22 challenge the accuracy and completeness of data with the administrative and financial 23 burdens on local governments and taxpayers. 24 DP-8. Law Enforcement Technologies 25 Issue: To aid law enforcement in work, law enforcement agencies need the flexibility to 26 effectively use all available tools, including technology, in a manner that balances privacy 27 201 interests of citizens, transparency of their work, and costs related to these technologies. The 1 Legislature has balanced these concerns in the recent License Plate Readers law and the Police-2 Worn Body Camera law. 3 License Plate Readers (LPRs) are an important tool that assist law enforcement agencies in 4 locating wanted individuals, recover stolen vehicles, and many other types of investigations. 5 Nevertheless, the use of this technology raises legitimate privacy concerns. In 2015, the 6 Legislature passed compromise legislation regulating the use of LPRs, the classification of LPR 7 data, and the retention period for LPR data that struck a fair balance between the need for robust 8 law enforcement and individual privacy rights. 9 Police-worn body cameras (or portable recording systems) provide invaluable evidence when 10 investigating crimes and prosecuting criminals and strengthened trust of citizens in law 11 enforcement by increasing the accountability between peace officers and the public. Different 12 than other kinds of data, body camera data use involves the unique complexities of the sensitive 13 nature in its use in private homes as well as the sheer volume of data in daily use. In 2016, the 14 Legislature contemplated all of these issues and passed compromise legislation regulating use of 15 body cameras, classification of body camera data, retention period for body camera data, release 16 of body camera data, audit requirements, and written policy requirements. 17 The Legislature has recently engaged in conversation about other types of law enforcement 18 technology, such as drones, facial recognition, etc. 19 Response: Cities and/or law enforcement agencies should be allowed to decide whether to 20 utilize technology and be given the flexibility to decide how they are used in the field. 21 a) The League supports the continued use of License Plate Readers under the terms of the 22 2015 legislation and opposes any further restrictions on their use or any reduction in 23 the current 60-day retention period. 24 b) With emerging law enforcement technologies, the League supports a balanced 25 approach to the values of privacy for citizens, transparency of the work of law 26 enforcement, and discretion to determine what technologies will be used, such as 27 202 effective use of these technologies, functional accuracy, emerging law enforcement 1 needs, communities served, and costs and benefits of technology. 2 DP-9. Body-Worn Cameras 3 Issue: Police-worn body cameras (or portable recording systems) provide invaluable evidence 4 when investigating crimes and prosecuting criminals and strengthen trust of citizens in law 5 enforcement by increasing the accountability between peace officers and the public. Different 6 than other kinds of data, body-camera data use involves the unique complexities of the sensitive 7 nature in its use in private homes as well as the sheer volume of data in daily use. In 2016, the 8 Legislature contemplated all of these issues and passed compromise legislation regulating use of 9 body cameras, classification of body camera data, retention period for body camera data, release 10 of body camera data, audit requirements, and written policy requirements. 11 In July 2021, the Minnesota Chiefs of Police Association found that more than 100 municipal 12 police departments in Minnesota use body-worn camera technology. The use has nearly doubled 13 in the last five years, and more police departments are considering deploying body-worn cameras 14 in the near future. 15 The longer body-camera technology is used in Minnesota, the more nuanced questions have 16 become. For example, the Legislature recently has engaged in more discussion about how law 17 enforcement uses body-camera technology, when the data should be released, etc. Cities have 18 found redaction for private data and non-public data to be more extensive than anticipated, 19 particularly as data practices requests for body-camera data have grown larger in scope and 20 breadth and the number of first responders, such as city and county firefighters, paramedics, and 21 mental health professionals, responding to calls has increased as well. 22 Response: The League supports the continued use of police-worn body cameras under the 23 terms of the 2016 legislation. However, if the Legislature makes changes to the body-worn 24 camera law, the League encourages the Legislature to update the law by adequately 25 balancing the competing values of transparency of police work, privacy interests of data 26 subjects, and integrity of police investigations. 27 203 DP-10. Open Meeting Law 1 Issue: The purpose of the Open Meeting Law generally requires that all meetings of public 2 bodies must be open to the public. This presumption of openness serves three vital purposes: to 3 prohibit actions from being taken at secret meetings, to assure the public’s right to be fully 4 informed, and to afford the public an opportunity to present views to the public body. 5 Technology has outpaced the Open Meeting Law. Recent city response to COVID-19 has 6 illustrated that remote participation for meetings can allow for meaningful interaction with the 7 city and the public. While the legislature recently changed the law to allow for greater 8 participation by interactive technology when a state of emergency has been declared, this change 9 was for a limited amount of time. Cities are in need of greater flexibility now to utilize 10 technology for meetings to protect the health of elected officials, city staff, and the public. Cities 11 also need to keep pace with the virtual world by having discretion to use remote technology in 12 the future. 13 Response: The League of Minnesota Cities encourages the Legislature to authorize cities 14 greater flexibility to allow remote participation under the Open Meeting Law, while 15 addressing the public’s needs to be fully informed of city decision-making and to have the 16 opportunity to present views to the public body. 17 The League opposes any change to the Open Meeting Law that would expand the award of 18 attorney’s fees to unintentional violations. 19 DP-11. Needed Closed Meeting Exceptions to the Open Meeting Law 20 Issue: The League of Minnesota Cities supports the Open Meeting Law and recognizes the 21 important role it plays in maintaining the public trust and the accountability of elected officials. 22 The Open Meeting Law must, however, balance the need for public information and the need to 23 protect privacy rights and certain negotiation strategies to protect the use of public resources. 24 Currently, there are seven exceptions to the open meeting laws that authorize the closure of 25 meeting to the public. Under these exceptions, some meetings may be closed at the discretion of 26 the governing body and some must be closed. Two challenges exist with current law. 27 204 The first concern is the hiring process for management level positions. While existing law allows 1 a governing body to close a meeting to evaluate the performance of an individual subject to its 2 authority, the statute doesn’t grant the same level of privacy for the city council and prospective 3 applicants. The statute should allow a governing body to close a meeting to interview applicants 4 for employment if there is a quorum present; and, to allow a governing body to close a meeting 5 to discuss the terms of an employment agreement to offer to a candidate to whom a job offer has 6 been extended. This would be consistent with the existing authority for the governing body to 7 close a meeting to discuss labor negotiations strategy. Allowing a closed meeting so that a 8 council can discuss the results of an interview process for a management-level position will 9 allow council members to express opinions or ask questions they may have concerns about 10 discussing in a public meeting and preserves the integrity of the interview process of subsequent 11 candidates. 12 The second concern with existing law is the inability for public bodies to conduct strategic 13 negotiations. Current law allows the public body to close a meeting to discuss the purchase or 14 sale of property and labor negotiations but does not allow the public body to close a meeting to 15 discuss negotiation strategies for an agreement with private parties, non-profit organizations, 16 and/or public entities. The ability for public bodies to close meetings in these situations provides 17 public bodies the opportunity to form strategies in the best financial interest of the community, 18 which is consistent with the importance of negotiation regarding purchase or sale of property and 19 labor contracts. Further, the City may create documents outlining the negotiation strategy, which 20 should be protected for the same reasons as for closing the meeting. Such data should be 21 protected during negotiations of the contract until a contract for the goods or services is signed or 22 abandoned, which is similar to the protection allowed for request for proposals under Minn. Stat. 23 § 13.591. 24 Response: The Legislature should amend the Open Meeting Law: 25 a) To allow a governing body or a committee created by a governing body to close a 26 meeting to interview candidates for management-level positions such as city manager, 27 administrator, clerk-treasurer, city attorney, superintendent, or department head, and 28 205 to close a meeting to evaluate and discuss the candidates, and discuss salary and benefit 1 negotiations. 2 b) To allow a governing body to close a meeting to discuss negotiation strategies for 3 proposed contracts and/or agreements with private parties, non-profit organizations, 4 and/or public entities and keep that data private or nonpublic until the contract is 5 signed by the governing body or a decision is made to abandon a contract for those 6 goods or services. 7 Such closed meetings should follow the same or similar procedures for conducting closed 8 meetings currently required under the Open Meeting Law. 9 DP-12. Remote Participation under the Open Meeting Law* 10 Issue: The League of Minnesota Cities supports the Open Meeting Law and recognizes the 11 important role it plays in maintaining the public trust and the accountability of elected officials. 12 The Open Meeting Law must, however, balance the need for public information and the need to 13 effectively run meetings. City councilmembers, along with advisory board and commission 14 members, from time to time want to remotely participate in meetings as may be needed. While 15 cities want these members to participate in city business to their fullest extent, it is also important 16 to protect the public’s right to see how government works. Currently under the interactive 17 technology exception to the Open Meeting Law in Minn. Stat. § 13D.02, subd. 1, members of 18 public bodies can remotely participate in meetings if they meet certain requirements: (1) all 19 members, wherever their physical location, can hear and see one another and can hear and see all 20 discussion and testimony presented; (2) members of the public present at the regular meeting 21 location of the body can hear and see all discussion and testimony and all votes of the members 22 of the body; (3) at least one member of the public body is physically present at the regular 23 meeting location; and (4) each location at which a member is present is open and accessible to 24 the public. The current law allows an exemption from this last requirement if a member (1) is in 25 the military and deployed andor (2) has been advised by a health care professional medically 26 advised not to be in a public place for personal or family medical reasons when a state of 27 emergency has been declared. The military and medical exceptions may only be used three times 28 per year. 29 206 On occasion, members of public bodies want to remotely attend meetings, but when members 1 have made their remote location “open and accessible,” no city resident shows up at the remote 2 location. COVID-19 has taught us that remote participation can allow for meaningful remote 3 participation and public interaction. However, members of public bodies may want to fulfill their 4 responsibility while traveling for work or personal reasonsdespite medical reasons outside of a 5 state of emergency, travel due to work, or personal travel. Removing the requirement for remote 6 locations to be “open and accessible to the public” still preserves the public’s ability to hear and 7 see all discussion, testimony, and voting by all participating members while allowing willing 8 members to participate in city business. 9 Response: The Legislature should amend the Open Meeting Law to allow city 10 councilmembers and city board/commission members to participate in meetings without 11 making their remote location open and accessible to the public as otherwise required under 12 Minn. Stat. § 13D.02, subd. 1. In light of the other safeguards in state law to ensure 13 transparency,While the Legislature should also amended the Open Meeting Law to allow 14 the medical exception to be used without the declaration of a state of emergency, and the 15 Legislature should remove the three-times-per-year cap for the medical and military 16 exceptions. 17 Federal Employment Law 18 FED-1. Consolidated Omnibus Budget Reconciliation Act (COBRA) 19 Issue: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) law, which 20 requires employers to offer continued health and dental insurance group benefits after an 21 employee terminates, has been interpreted to apply to Employee Assistance Programs (EAPs) 22 which provide any form of medical care, including short term counseling for drug and alcohol 23 addiction. The application of COBRA to these programs results in unlikely and impractical 24 outcomes and reduces the likelihood that employers will make them available. Final regulations 25 issued in 2014 exempt EAPs that do not provide “significant benefits in the nature of medical 26 207 care,” including EAPs that provide short term drug and alcohol counseling, from requirements of 1 the Patient Protection and Affordable Care Act (ACA). 2 Response: Congress should clarify that EAPs which do not provide significant benefits in 3 the nature of medical care are not subject to COBRA. 4 FED-2. Flexible Spending Accounts* 5 Issue: Health care costs are rising dramatically and employees need financial relief. Flexible 6 spending accounts provide some relief, but the current “use it or lose it” provision for medical 7 spending discourages employees from participating in this program. Though the IRS permits 8 carryovers of up to $500, employers that offer this option may not offer the 2 ½ month grace 9 period after the end of the plan year to incur eligible expenses. The Consolidated Appropriations 10 Act (CAA) providesd temporary relief, allowing employers to permit employees to carry over all 11 or some of their unused health and/or dependent care FSA funds from a plan year ending in 2020 12 or 2021. 13 In addition, the $5,000 annual maximum limit on dependent care accounts has not increased 14 substantially since the program’s inception in 1986 and childcare costs continue to rise 15 significantly. The American Rescue Plan Act of 2021 (ARP) providesd temporary relief, 16 increasing the annual maximum limit for dependent care to $10,500 for taxable years beginning 17 after December 31, 2020, and before January 1, 2022. 18 Response: The League of Minnesota Cities supports legislation that would make permanent 19 the changes in the CAA to allow employees to roll all unused funds in a health or 20 dependent care flexible spending account into the next plan year, or to allow unused funds 21 to be contributed into a tax-qualified retirement plan, or a 457 plan. The League of 22 Minnesota Cities also supports making permanent the $10,500 maximum limit for 23 dependent care accounts, with a cost-of-living inflationary increase each year after the 24 initial adjustment. 25 208 FED-3. IRS Regulations on Death Benefits 1 Issue: Current IRS regulations do not allow any type of death benefit to be included in a health 2 reimbursement arrangement (HRA) or tax-free, account-based group health plans. If a participant 3 of the HRA or account-based group health plan dies, they cannot leave the remaining funds to a 4 designated beneficiary unless the beneficiary is a spouse or dependent child who remains 5 enrolled in the HRA. Public sector HRAs are often treated as fully vested even when unfunded. 6 If the employee does not have a spouse or dependent child, the funds revert to the employer (who 7 may then credit the balance among plan participants). A death benefit provision is an attractive 8 feature for many employee groups. In 2008, Section 105 of the Internal Revenue Code was 9 amended, with a further amendment in 2015, to include limited exceptions to this general rule 10 but not all city plans meet the requirements of these limited exceptions. 11 Response: Congress should amend Section 105 of the Internal Revenue Code to allow all 12 HRAs and account-based health plans for both active employees and retirees to include a 13 provision that allows the employee to designate beneficiaries other than spouses and 14 dependents. Such beneficiaries should be able to, at a minimum, receive reimbursement for 15 their medical expenses from the inherited account. 16 FED-4. Federal Public Safety Collective Bargaining Bill 17 Issue: Congress is considering a bill that would require all states to establish collective 18 bargaining procedures for all public safety employees. The bill directs the Federal Labor 19 Relations Authority (FLRA) to determine, state by state, whether it meets the bill’s requirements 20 with regard to collective bargaining rights for public sector employees. While it appears 21 Minnesota is likely to pass the tests set out by the bill, federal public sector lobbyists have 22 expressed serious concern that the bill is very much open to interpretation. In addition, the bill 23 directs the FLRA to “consider and give weight, to the maximum extent practicable, to the 24 opinion of affected employee organizations.” 25 Response: The League of Minnesota Cities opposes the federal collective bargaining bill for 26 public sector employees. Public sector collective bargaining should be left to the 27 determination of each state. 28 209 FED-5. Federal Health Care Reform* 1 Issue: Certain provisions of the Patient Protection and Affordable Care Act (commonly referred 2 to as the federal health care reform law or Affordable Care Act (ACA)) are problematic for 3 cities. These issues range from administratively difficult to very costly. Tracking employee 4 hours, particularly hours of seasonal and temporary employees and council members, is 5 burdensome and will requires significant administrative time and effort. Because most of these 6 employees will not qualify for coverage under the ACA, the effort does not result in a 7 worthwhile outcome. There are also situations where employees who are currently working more 8 than 30 hours per week in a city will now be eligible for health care coverage by that city, which 9 will drive up city costs significantly, particularly for cities using the “duty crew” concept at fire 10 stations to ensure adequate daytime response. Finally, there are provisions which require the city 11 to offer coverage to full-time students who are already covered by their parents’ insurance and 12 do not need the coverage through the city, which results in wasted effort. 13 Response: The League of Minnesota Cities supports the intent of the ACA to provide 14 affordable health care coverage to all Minnesota residents. However, Congress should: 15 a) Exempt (from the offer of coverage requirements) employees under age 26 who are 16 covered by their parents’ insurance; 17 b) Exempt (from the offer of coverage requirements) employees who work in recreational 18 facilities and programs owned and operated by governmental entities; and 19 c) Exempt elected officials from being counted as “employees” for the purposes of the 20 ACA. 21 FED-6. Amended Internal Revenue Code Regarding 403(b) Retirement Plans 22 Issue: Section 403(b)(1)(A)(ii) of the Internal Revenue Code allows an employer that is a State, 23 a political subdivision of a State, or an agency or instrumentality of a State or a political 24 subdivision of a State to establish a 403(b) retirement plan for employees who perform services 25 for educational organizations as described in Section 170(b)(1)(A)(ii) of the Internal Revenue 26 Code. This provision of the Internal Revenue Code allows employees to defer substantially more 27 210 income for retirement savings than their city government employee counterparts. While 1 government employees who do not perform services for an educational organization may 2 participant in a 457(b) deferred compensation plan, they may not participate in a 403(b) 3 retirement plan. Government employees who perform services for an educational organization 4 are able to participate in both a 403(b) plan and a 457(b) deferred compensation 5 plan. Furthermore, as a result of the amendment to Section 457(c) of the Internal Revenue Code 6 by the Economic Growth and Tax Relief Reconciliation Act of 2001, deferrals to a 457(b) plan 7 are not coordinated with elective deferrals made to a 403(b) plan for purposes of complying with 8 the limit on pre-tax contributions to either plan. Both employee groups serve the public and 9 should be treated similarly under the Internal Revenue Code for purposes of tax-deferred 10 retirement savings plans.” 11 Response: Congress should amend Section 403(b)(1)(A)(ii) of the Internal Revenue Code to 12 allow an employer that is a State, a political subdivision of a State, or an agency or 13 instrumentality of a State or political subdivision to establish a 403(b) plan for all of its 14 employees, regardless of whether they perform services for an educational organization. 15 FED-7. Amended Internal Revenue Code Regarding Health Savings Account 16 Eligibility and Medicare Enrollment 17 Issue: Section 223(b)(7) of the Internal Revenue Code provides that the monthly limitation on 18 contributions to a health savings account (HSA) is zero starting with the first month in which an 19 individual is entitled to Medicare benefits. A person becomes entitled to Medicare benefits when 20 their Medicare coverage becomes effective. In many cases, Medicare coverage is effective on a 21 retroactive basis. Specifically, when an individual is required to submit an application for 22 Medicare coverage, the Medicare coverage will be effective retroactively up to six months before 23 the month in which the application is filed (depending on the date on which the individual first 24 become eligible for Medicare coverage) as described in 42 CFR §406.6(d). The IRS has 25 indicated that the monthly limitation on HSA contributions included in Section 223(b)(7) applies 26 during any retroactive period of Medicare coverage. This rule is confusing to employees, 27 employers, and benefit administrators and may lead to unintended and unexpected tax 28 consequences for employees and employers who may not be aware at the time an HSA 29 211 contribution is made that the monthly limitation for that month will be zero if the employee 1 applies for Medicare within the following six months and the coverage is effective retroactively 2 under this rule. Furthermore, if an employer provides contributions to an HSA as part of its 3 benefit package, then the rule may limit the benefits an active employee can receive from their 4 employer. 5 Response: Congress should amend Section 223(b)(7) of the Internal Revenue Code to 6 provide that the limitation on contributions to a health savings account for any month with 7 respect to any individual shall be zero for each month beginning with the later of (i) the 8 first month in which such individual is entitled to benefits under title XVIII of the Social 9 Security Act or (ii) the month in which such individual submits a valid application for 10 benefits under title XVIII of the Social Security Act. 11 NEW FED A. Affordable Care Act Reporting* 12 Issue: Almost all Minnesota cities that are Applicable Large Employers use the federal poverty 13 line safe harbor and can state on Line 23 of Form 1095-C that they meet the Qualifying Offer 14 Method and/or the 98% Offer Method. But they are still required to complete the entirety of 15 Form 1095-C, and in particular, the complex and time-consuming code combinations in Lines 14 16 and 16. The complexity of the form also increases the likelihood of error. In December of 2021, 17 the IRS announced that the “good faith” defense for errors in Forms 1094 and 1095 will no 18 longer be permitted, because they “have now been in place for six years, and transitional relief is 19 no longer appropriate.” This rationale does not reflect the reality of turnover in the workforce 20 and the often limited resources available to public employers for legal and tax professionals. In 21 2023, penalties that may be assessed against applicable large employers for good faith errors 22 made on Form 1005-C are $290 per return furnished to the employee and $290 for the same 23 return filed with the IRS, for a potential total of $580 per return. If a city meets the Qualifying 24 Offer Method or the 98% Offer Method, Form 1095-C gathers too much detail at too great a cost 25 to employers. In the public sector, the cost of this administrative burden, along with the potential 26 for penalties due to the complexity, is passed on to the communities they serve. 27 212 Response: The League of Minnesota Cities supports the intent of the Affordable Care Act 1 (ACA) to provide affordable health care coverage to all Minnesota residents. But Congress 2 (or the IRS) should: 3 a) Allow applicable large employers in the public sector who meet the Qualifying Offer 4 Method or the 98% Offer Method to furnish and file Forms 1095-B rather than Forms 5 1095-C to all full-time employees and other current and former employees; 6 b) Deem employees who receive premium tax credits during months of non-coverage 7 reported on Form 1095-B to be not employed by the employer, in part-time status, or 8 fall within limited non-assessment periods (employers would still be subject to liability 9 for failures determined on audit); and 10 Reinstate relief from penalties relating to incorrect or incomplete filings for public 11 employers that make good faith errors in completing these forms.12 213 1 IMPROVING FISCAL FUTURES FF-1. State-Local Fiscal Relations 1 Issue: Since the 1970s, services provided by Minnesota cities have been largely funded through 2 a combination of property taxes, state aids, and state property tax relief programs. This system of 3 municipal finance has evolved to ensure that municipal services can be funded without excessive 4 local tax burdens. 5 Over the past decade, the state-local partnership has vacillated with the state budget, challenging 6 the ability of city officials to plan for the future fiscal needs of their communities. 7 Response: The League of Minnesota Cities supports a strong state-local fiscal partnership. 8 The state-local fiscal system, and any future modifications, should be consistent with the 9 following principles: 10 Accountability. Cities believe a viable partnership with the state requires cities and the state 11 to communicate effectively with each other and with the public about their roles and 12 responsibilities. Cities and the state must also exercise sound financial stewardship, 13 including maximizing efficiencies in service delivery and other means of cost containment 14 whenever possible. 15 Certainty. Cities need to have more certainty and predictability in all of their available 16 revenue sources, including the property tax, the amount of funding they receive from local 17 government aid and similar programs and from other sources of revenue. The past practice 18 of retroactive adjustments to local government aid (LGA) and similar programs, 19 unallotments of the appropriation and the imposition of levy limits do not facilitate prudent 20 financial planning and decisions. In addition, during a past state government shutdown the 21 Department of Revenue indicated that despite the standing LGA appropriation, the 22 shutdown of many state government operations would prevent the distribution of the LGA. 23 214 Adequacy. The revenue sources available to cities and the state must raise adequate funds 1 to meet city needs, to fund mandates, and to maintain Minnesota’s long-term 2 competitiveness. 3 Flexibility. As cities become increasingly diverse in their characteristics and as existing aid 4 and credit programs have eroded, a “one-size-fits-all” system that limits all cities to the 5 property tax as the major, non-state aid revenue source is increasingly unworkable. Some 6 cities have sufficient property tax base to sustain an adequate service level, but many do 7 not. Cities should have greater access to other tax and revenue sources than currently 8 permitted. 9 Equity. All citizens should receive adequate levels of municipal services at relatively similar 10 levels of taxation. This means that the state should provide financial assistance to cities that 11 have high costs, including costs related to overburden created by non-resident users of city 12 services, low fiscal capacity, or both. State financial assistance should also reduce tax 13 burden disparities among communities and between cities and surrounding areas. 14 FF-2. State Budget Stability* 15 Issue: Legislative actions to address past state budget deficits have included permanent 16 reductions in funding to local units of government for programs such as local government aid as 17 well as the full elimination of programs such as the market value homestead credit. In addition, 18 the Legislature has frequently relied on short-term solutions that have only shifted a large share 19 of the deficit problem into the next biennium without permanently addressing the state budget 20 problems. 21 The legislature has taken steps to reduce state budget volatility. As required under Minn. Stat. § 22 16A.152, subd. 1, 33 percent of any state general fund budget surplus identified in the November 23 state budget forecast must be directed to the state budget reserve until the account reaches a 24 targeted level. 25 Response: To increase the stability of the state budget and avoid or reduce the impact of 26 future state budget deficits, the Legislature: 27 215 a) Must consider all budget stabilizing options, including revenue increases, with a 1 particular focus on changes that improve the stability of the state's revenue stream; 2 b) Must not further reduce funding for property tax relief programs to cities and 3 taxpayers; 4 c) Must not accelerate the remittance of sales tax collections by retailers including 5 municipal liquor operations, and should make steps to reverse past accelerations; 6 d) Must consider the aggregate impact on Minnesota taxpayers of previous budget cuts 7 and tax increases; 8 e) Must reinstate maintain detailed estimates of inflationary increases to expenditure 9 estimates in the state budget forecast; 10 f) Should maintain a budget reserve as recommended by Minnesota Management and 11 Budget based on their assessment of volatility in Minnesota’s revenue system defined in 12 Minn. Stat. §16A.152, subd. 8 with a minimum of a five percent reserve; 13 g) Should modify the unallotment statute to place a reasonable statutory limit on the 14 percentage and timing of the state’s budget that can be unallotted during a biennium 15 without legislative approval; and 16 h) Must emphasize long-term budget solutions and budget stability and the continuation 17 of both state and local government operations. 18 i) The League of Minnesota Cities supports the principle of representative democracy and 19 opposes limiting the Legislature’s flexibility in making financial decisions through new 20 Constitutional amendments. 21 FF-3. Funding Local Government Aid* 22 Issue: Local government aid (LGA) is an important component in the state’s property tax relief 23 system, and a critical tool to help equalize tax base to ensure needs for public services can be 24 met. To avoid undue pressure on the property tax, funding for LGA must keep pace with 25 216 inflationary pressures. The 2021 legislature added $5.5 million in one-time supplemental aid to 1 offset any LGA formula reductions for 96 cities with the expectation that the legislature would 2 update the formula during the 2022 session. The legislature did not approve a formula update and 3 the supplemental aid has now sunset. 4 For 2023, the total unmet formula need (the difference between each city’s formula-determined 5 need and ability to raise revenue) is $767.9 million, leaving the current formula appropriation 6 $203.5 million below the total unmet need. 7 In recent years, bills have been introduced that would have created offsets to a city’s LGA 8 distribution if the city imposed a local sales tax, spent funds for activities related to lobbying or a 9 World’s Fair, or would have reduced or eliminated LGA if the city enacted ordinances to ban 10 plastic bags, impose certain local labor laws, ordinances, or policies that restrict city employees 11 from enforcing immigration laws, unauthorized ordinances related to diversion programs. Such 12 changes would have been a significant deviation from the practice of using the formula to 13 distribute LGA and could have jeopardized the long-term stability of the program. 14 In 2023 the Legislature enacted changes to the Local Government Aid formula that were 15 recommended by the League of Minnesota Cities and other affiliate groups. These formula 16 changes were coupled with an $80 million increase in the appropriation. While the 2023 House 17 omnibus tax bill included tying the appropriation to inflation for future years, that proposal was 18 not included in the final bill. 19 For In 2023 2019 only, the Legislature included a one-time payment acceleration for payments 20 made in 2025 only that distributed 914.4026 percent of each city’s 2019 2025 LGA by June 21 15March 20, with a second payment of 3540.5984 percent on July 20 and a final payment of 50 22 percent on December 26. For 2020 2026 and beyond, LGA payments will again be made to cities 23 in two equal installments on July 20 and December 26 each year. 24 In 2022, the House omnibus tax bill would have dedicated a portion of future state budget 25 surpluses to phase-in an acceleration of the July 20 LGA distribution to March 15. The current 26 distribution occurs late in the city fiscal year and can create short-term cash flow challenges for 27 some cities. 28 217 Current law (Minn. Stat. § 477A.017, subd. 3) prohibits the distribution of LGA and Small Cities 1 Assistance Account funding (Minn. Stat. § 162.145) to cities that have not complied with all 2 financial reporting requirements to the Office of the State Auditor. Frequently, failure to comply 3 is due to factors outside the control of the city. Although many cities subsequently comply and 4 seek special legislation to receive the withheld LGA, the growing regularity of the legislature’s 5 failure to approve tax bills has jeopardized the restoration of these payments. 6 Response: In order to reduce pressure on the property tax, and to equalize property tax 7 bases, the League of Minnesota Cities continues to support the LGA formula as the 8 appropriate mechanism to distribute LGA resources. In addition, the League supports: 9 a) Regular review of the LGA formula and increases in the LGA appropriation and 10 review of the LGA formula 11 b) Updating the LGA formula, including the “need” formula factors, the appropriation 12 increase and other modifications consistent with the most recent recommendations of 13 the city association LGA working group established in 2021; 14 c)b) Restoring the annual inflation adjustment to the LGA program to move toward 15 funding the total unmet need of all cities. 16 d)c) Permanently accelerating of the annual LGA payment schedule to assist cities with 17 cash flow needs. 18 e)d) Establishing an administrative procedure that would allow cities that ultimately 19 comply with financial reporting requirements to receive their withheld aid 20 distributions. 21 The League opposes targeting reductions to specific cities or groups of cities as well as 22 reductions or offsets for local policy or expenditure decisions. 23 The legislature should avoid creating side-pots or special appropriations through the LGA 24 (Minn. Stat. ch. 477A) program. If special circumstances such as a natural disaster warrant 25 additional state assistance to specific cities, the criteria for the additional aid should be 26 218 specifically enumerated and the appropriation should be separate and in addition to the 1 appropriation through the general LGA formula. 2 FF-4. State Charges for Administrative Services 3 Issue: Currently, some state agencies have wide discretion in setting the fees for special services 4 they provide to local governments. 5 Response: State agencies should be required to justify their service fees or for increases in 6 existing service fees and not charge more than what is fair, reasonable, and proportionate 7 to the cost of service. Agencies should give adequate notice of increases to allow local 8 governments to budget for the increases. State agencies should set administrative service 9 fees as close as possible to the marginal cost of providing the service. Local government 10 should be given the option to self-administer or contract with the private sector for the 11 service if the state cannot provide the service at a reasonable cost. 12 FF-5. Reporting Requirements 13 Issue: Budget and financial reporting requirements imposed on cities by the state often result in 14 duplication and additional costs. In addition to the state mandated annual audits under Minn. 15 Stat. §§ 471.697-.698, cities are required to prepare and submit or publish numerous other budget 16 and financial reports including but not limited to: 17 a) Summary budget reports (Minn. Stat. § 6.745); 18 b) Summary budget information for the proposed budget, which is sent to the county for the 19 annual tax hearing process (Minn. Stat. § 275.065, subd. 3b); 20 c) Treasurers report to the city clerk (Minn. Stat. § 412.141); 21 d) Statement of tax collections and other income by clerk to the city council (Minn. Stat. § 22 471.69); 23 e) Report on outstanding obligations and the purpose for each issue filed with the county 24 auditor (Minn. Stat. § 471.70); 25 219 f) Publication of summary budget statement (Minn. Stat. § 471.6965); 1 g) Publication of statement of liquor store operations (Minn. Stat. § 477A.017); 2 h) Liquor store audited financial statements (Minn. Stat. § 471.6985); 3 i) TIF district plan and amendments (Minn. Stat. § 469.175, subd. 4a); 4 j) TIF district annual disclosure (Minn. Stat. § 469.175, subd. 5); 5 k) TIF district annual financial report (Minn. Stat. § 469.175, subd. 6); 6 l) Business subsidy reporting (Minn. Stat. §§ 116J.993-.995); 7 m) State required financial activity reports (Minn. Stat. § 6.74); 8 n) Local improvement requirements (Minn. Stat. § 429.031); 9 o) Development and permit fees report (Minn. Stat. § 326B.145); 10 p) Utility annual financial statements (Minn. Stat. § 412.381); 11 q) Housing and redevelopment authority annual financial report (Minn. Stat. § 469.013); and 12 r) Federal single audit or a program-specific audit (31 U.S.C. § 7502 (a)(1)). 13 s) A temporary reporting requirement for the federal American Recovery Plan Act distributions. 14 Many cities have expanded the availability of information on their web sites in response to 15 citizen requests and some cities have begun using new tools to assist citizens in understanding 16 the city budget. Expanding state mandated financial reporting requirements could force cities to 17 redirect scarce resources to the state mandate and stifle innovative ways to communicate with 18 citizens. 19 Response: Requirements for reporting and advertising financial and budget information 20 should be carefully weighed to balance the need for information with the administrative 21 costs of compiling and submitting this information. In addition, the legislature should 22 220 direct all state agencies to review existing local government reporting mandates and 1 eliminate redundant or superfluous requirements. To this point, the legislature should 2 consolidate municipal government financial reporting requirements in the Office of State 3 Auditor, include an electronic submission alternative to any remaining paper filing 4 requirements and authorize the use of web publication where newspaper publication is 5 currently required. 6 Finally, the legislature must not increase reporting burdens for local units of government. 7 Any new reporting requirement should have a clearly defined statement of purpose and 8 public need not currently met with existing reports, a sunset date to facilitate a future 9 discussion of the usefulness of the requirement as well as full state funding for the costs 10 associated with a new reporting mandate. 11 FF-6. Taxation Duplication 12 Issue: In Minnesota, local governments occasionally provide residents and businesses similar 13 types of services. For example, counties maintain a sheriff’s office while in many cities, police 14 services are provided by the city to their residents and businesses. When the county levy for the 15 sheriff’s operations is spread across the county, city residents and businesses are being taxed for 16 services that are not being provided within the city or are being provided at a lower level. 17 Similarly, in some areas, the county provides 9-1-1 dispatching services funded through the 18 property tax that is spread across the county but the county may also require cities to contribute 19 to the 9-1-1 operations through the city budget and property tax levy. As a result, city businesses 20 and residents are effectively paying twice for dispatch services—once through the county levy 21 and again through the city levy. 22 Response: Where similar services are provided by different levels of local government, 23 property tax levies for those services should only apply to those areas receiving the service. 24 Additionally, counties should be prohibited from requiring cities to contribute to services 25 that are being funded through the county-wide property tax levy. 26 221 FF-7. Direct Property Tax Relief Programs* 1 Issue: In 2013, the legislature expanded the homeowner property tax refund (PTR) program and 2 renamed it the Homestead Credit Refund program. As a direct taxpayer relief program, the 3 Homestead Credit Refund avoids the problems with the former Market Value Homestead Credit 4 system where the state provided a credit on the homeowner’s property tax statement but did not 5 always reimburse cities and counties for the amount of the credit. 6 Response: The League of Minnesota Cities supports providing additional, direct property 7 tax relief through an expansion of the Homestead Credit Refund program, the renters’ 8 refund program, the targeting program or other programs that provide property tax relief 9 directly from the state to taxpayers. In addition, the League supports the recent conversion 10 of the renters credit to an income tax credit using adjusted gross income rather than 11 household income for determining eligibility and would also support similar changes to the 12 homestead credit refund and targeting program to increase the accessibility of these 13 programs and remove administrative hurdles in claiming them. In addition, the League 14 supports the 2013 legislation that requires the Department of Revenue to notify potentially 15 eligible homeowners of the program and would also support legislative modifications to 16 these programs to eliminate the taxpayer filing requirement thereby making the tax relief 17 payments automatic. 18 The League opposes property tax credit programs that reimburse local units of 19 government for reduced tax burden such as the former market value homestead credit 20 system due to the fact that the reimbursements to local units of government can be cut 21 while the credit to the taxpayer remains on the property tax statement. In addition, the 22 League opposes reinstituting Limited Market Value, a program that reduces the taxable 23 value of individual properties based on assessor’s valuation increase or freezes in property 24 valuations. Limited Market Value or a valuation freeze create property tax shifts and tax 25 burden inequities between similar properties. 26 222 FF-8. Sales Tax on Local Government Purchases 1 Issue: The local government sales tax exemption enacted in 2013 and expanded in 2014 does not 2 apply to all city purchases. Some purchases for municipal enterprise operations, such as liquor 3 stores and golf courses are excluded from the exemption. In addition, in order to receive the sales 4 tax exemption on construction materials under current law, cities must bid labor and materials 5 separately and also designate a contractor to be a purchasing agent on behalf of the city. The 6 existing Department of Revenue rules (Minn. Rule 8130.1200, subp. 3) are complex and the 7 implementation can be so complicated that it can cost cities more money to implement than they 8 will save on the tax exemption. Finally, although cities currently do not pay the motor vehicle 9 sales tax on marked police vehicles or firefighting vehicles, other city vehicles are not exempt 10 from the motor vehicle sales tax. 11 The 2021 legislature extended the sales tax refund process under Minn. Stat. § 297A.71 and 12 Minn. Stat. § 297A.75 to contractor purchases of construction materials, supplies and equipment 13 incorporated into public safety buildings for initial construction, remodeling, expansion and 14 improvements for public safety facilities owned by local units of government. The refund 15 process also applies to materials used in related facilities such as access roads, lighting, 16 sidewalks and utility components. 17 Response: In order to ensure that taxpayers receive the full benefit of the local government 18 sales tax exemption: 19 a) The exemption should apply to all purchases made by local units of government; 20 b) The process to receive the exemption for construction materials used in local 21 government projects should be simplified or added to the refund process now available 22 for local government public safety facilities; and 23 c) The exemption should be extended to all local government purchases that would 24 otherwise be subject to the motor vehicle sales tax in Minn. Stat. ch. 297B. 25 223 FF-9. Taxation of Electronic Commerce 1 Issue: The 2018 U.S. Supreme Court decision [South Dakota v. Wayfair, Inc., 585 U.S. ___ 2 (2018)] overturned two earlier Supreme Court decisions [Quill Corp. v. North Dakota, 504 U.S. 3 298 (1992) and National Bellas Hess v. Department of Revenue, 386 U.S. 753 (1967)] that had 4 prevented states from requiring retailers without a physical presence from collecting state and 5 local sales taxes on purchases made by state residents and businesses. 6 A group of 23 states participating in the Streamlined Sales Tax Project have worked together for 7 more than 18 years to simplify the administration of state and local sales taxes and reduce the 8 administrative burden on retailers. The success of this project was referenced in the Wayfair 9 decision. 10 Despite the Supreme Court’s Wayfair decision, new legal challenges could be filed by remote 11 retailers or Congress could intervene to address remaining sales tax administration issues 12 including the fact that more than 20 states with sales taxes have not adopted the SSUTP 13 standards. 14 Response: Federal tax policy should not place main street businesses at a competitive 15 disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by 16 state and local sales tax revenues, and should ensure stability in state and local revenues. 17 To address the challenges created by the growth of electronic commerce, the League of 18 Minnesota Cities continues to support the multi-state effort to develop a streamlined sales 19 tax system. 20 Should Congress intervene, the League would support nation-wide sales tax administration 21 standards based on the model developed by the Streamlined Sales Tax Project. The League 22 will oppose Congressional efforts to reverse remote retailer collection requirements. 23 FF-10. Local Lodging Taxes 24 Issue: In 2011, the legislature amended Minn. Stat. § 297A.61 to define accommodation 25 intermediaries and clarified that their services are subject to the state sales tax as part of the tax 26 imposed on lodging. Local lodging taxes collected by the state for local units of government 27 224 under Minn. Stat. § 469.190, subd. 7, also clearly apply to services provided by these 1 accommodation intermediaries since these taxes are required under Minn. Stat. § 270C.171 to 2 use the definition for tax base contained in the general sales tax statute. 3 Since 2011, some accommodation intermediaries have not been collecting and remitting locally-4 administered lodging taxes based on the full cost of the accommodation plus the accommodation 5 intermediary services. There are currently 120 cities and towns that individually or jointly 6 impose lodging taxes for tourism purposes under Minn. Stat. § 469.190. Another five cities 7 impose a lodging tax that is administered locally under special law. Four local lodging taxes are 8 currently administered by the state. 9 Response: The League of Minnesota Cities supports legislation that will clarify that all 10 lodging taxes, whether administered by the state or administered locally, apply to the total 11 charges to the customer, including charges for services provided by accommodation 12 intermediaries. 13 FF-11. Taxation of Electric Generation Personal Property 14 Issue: Investor-owned utilities (IOUs) have a longstanding relationship with Minnesota cities. 15 IOUs site baseload power plants in host communities, and in exchange pay personal property tax 16 on attached generation machinery to the cities, counties and school districts hosting the plants. 17 These plants bring jobs to our communities, but they also create nuisances such as air pollution, 18 nuclear waste, noise, vibration, and coal train traffic. They also create security risks and take up 19 land that could be used for other, less disruptive commercial and industrial development. Cities 20 believe personal property taxes paid by IOUs are a fair compensation for the environmental and 21 economic costs of hosting baseload power plants. 22 IOUs argue that personal property tax relief is important to pass along to their shareholders and 23 ratepayers. However, only a few IOU shareholders and ratepayers actually live in the 24 communities hosting baseload power plants. Further, almost all new power plants receive 25 personal property tax exemptions from the Legislature, while host communities with existing, 26 non-exempt baseload plants will continue to have them for decades to come. 27 225 Currently the taxation of electric generation personal property represents the best method for 1 reimbursing host communities for the cost of hosting IOUs. 2 Response: Personal property taxes on attached electric generation machinery are a fair way 3 to spread the environmental and economic costs of electric generation power plants among 4 all IOU shareholders and ratepayers. The League of Minnesota Cities supports the 5 continuation of personal property taxes paid by IOUs to host communities for existing and 6 new facilities or a tax system which generates equal or greater revenue for host 7 communities. If the Department of Revenue or the Legislature chooses evaluate new 8 methods of utility taxation, the League supports the inclusion of these environmental and 9 economic costs in assessing the appropriate property taxes paid to host cities by electric 10 generation facilities. 11 FF-12. Electric Generation Taxation Reform 12 Issue: Currently, electric utilities are subject to a personal property tax on personal property 13 which is part of an electric generating, transmission, or distribution system. This tax has a 14 number of exemptions and exclusions which make a patchwork of taxation statewide. The 15 Department of Revenue issued a report on February 15, 2015 which laid out the details of this 16 tax system, stating, “The utility tax base comprised of these energy producing facilities is not 17 predictable. The unpredictability is a result of law and rule changes that determine the amount of 18 utility tax base available for host communities.” 19 Cities which host Investor-Owned Utility base load power plants have faced unpredictability in 20 tax base from both changes to state law regarding the personal property tax on electric generation 21 equipment and from changes in valuation due to the upgrade/depreciation cycle of equipment. 22 In the past, the Minnesota Legislature has considered a reform to the system of taxing electric 23 generation, which would repeal the personal property tax and all of its exclusions and 24 exemptions, and replace it with new approaches to valuing utility property. More recently, the 25 2021 tax bill passed by the legislature ordered the Department of Revenue to initiate a review of 26 the framework for valuations of property including utility property such as large electric 27 generating facilities. 28 226 Statutory changes to the system of electric generation taxation should not adversely affect host 1 city tax revenues. Any proposal to change the system must include some form of replacement aid 2 which compensates cities for adverse effects due to changing state law on electric generation 3 taxation. 4 Moreover, utility company appeals of Department of Revenue valuations of utility property can 5 cause significant turmoil for local governments, including property tax shifts onto residents and 6 businesses and—in the case of a successful tax court challenge by a utility—the possibility of 7 being forced to pay back taxes that have already been collected and spent in prior years. As part 8 if its review of Rule 8100, the Department of Revenue has engaged with stakeholders in hopes of 9 identifying improvements that can benefit both local governments and the companies subject to 10 personal property taxes to increase stability, predictability, and reduce impacts on other 11 taxpayers. 12 Response: The personal property tax on electric generation equipment as well as the 13 exemptions, exclusions and sliding scales to that tax represent a patchwork of taxation 14 rules statewide. Changes to state law which replace the personal property tax on electric 15 generation equipment with a tax base valuation based on electric generation capacity, 16 production, nuclear storage, transmission, and distribution will benefit IOU host cities so 17 long as the change comes with a factor to increase the tax base valuation over time and 18 reimbursement to cities for revenues lost due to a change in state law. Likewise, any 19 changes to process by which investor owned utilities appeal the valuation of their property 20 should be made with the goal of reducing negative impacts on local governments, and 21 increasing stability, predictability, and transparency. 22 FF-13. Support for Transitioning Communities* 23 Issue: Technological advancements and market forces are rapidly changing the electric 24 generation industry. Investor-owned utilities (IOUs) in Minnesota are increasing the share of 25 their electric generation portfolios that are made up of renewable generation sources like wind 26 and solar, while planning to decrease the share of electric generation that is derived from 27 baseload power plants that produce energy from coal or nuclear sources. Due to the deep and 28 227 longstanding relationship IOUs have with some Minnesota cities, the possible retirement of these 1 power plants stands to have a significant disruptive effect on these cities. 2 Cities that host baseload power plants make significant investments to support those plants, 3 including infrastructure, public safety, and disaster preparedness. To compensate for this, IOUs 4 pay personal property tax on electric generation machinery. For some cities, these revenues can 5 account for over 50% of the city’s annual budget. Moreover, IOUs have other significant direct 6 and indirect impacts on host communities. IOUs tend to employ significant numbers of 7 employees at baseload power plants. Those employees are likely to live, work, attend school, and 8 shop in and around the local community. Therefore, the of the retirement of these plants would 9 have significant negative impacts on these communities. 10 While the power that is generated at these facilities goes to support the entire state of Minnesota, 11 the impacts of hosting these plants is felt most acutely in these local communities. In recent 12 years, the State of Minnesota has taken steps to support cities facing these unique 13 circumstances, including the creation of the Community Energy Transition Grant Program 14 under Minn. Stat. § 116J.551, and the creation of the Energy Transition Office and Advisory 15 Committee under Minn. Stat. § 116J.5491 – 5493. In 2023 the legislature established an electric 16 generation transition aid under 477a.24 for counties, cities, townships, and school districts that 17 lose tax base when an electric generation plant is retired. The initial aid amount is equal to the 18 tax base lost due to the retirement times the jurisdiction’s tax rate in the year prior to the tax base 19 loss. The aid is phased out over 20 years. 20 Response: The League of Minnesota Cities recognizes that the energy landscape is rapidly 21 changing and supports state policies to replace tax base in communities facing the closure 22 of a baseload power plant, as well as other policies or programs to help those communities 23 replace their local tax base through economic development. The League of Minnesota 24 Cities also support efforts by the state legislature and state agencies to study, analyze, and 25 design policy solutions to address the unique challenges these communities face. 26 228 FF-14. Taxation of Municipal Bond Interest 1 Issue: The federal and state laws that grant a tax exemption to bondholders for municipal bond 2 interest lowers borrowing costs for cities and reduces property tax levies. Recent proposed 3 Internal Revenue Service rules would potentially restrict some local government entities such as 4 housing and redevelopment authorities, economic development authorities and port authorities 5 from issuing tax exempt bonds. 6 Response: Congress and the state should maintain the tax exemption for municipal bond 7 interest income. Congress should also clarify the law to supersede proposed IRS rules and 8 thereby continue to allow housing and redevelopment authorities, economic development 9 authorities and port authorities to issue tax exempt debt. 10 FF-15. Pollution Control Exemption 11 Issue: Minnesota grants electric utilities and several other industries a property tax exemption 12 for personal and real property that is primarily used for pollution control. Minnesota adopted the 13 property tax exemption that now extends to electrical generation systems, agricultural operations, 14 and wastewater treatment facilities in 1967, before water and air pollution were heavily regulated 15 by the Environmental Protection Agency and the Minnesota Pollution Control Agency. The 16 language and the purpose of these statutes have evolved through the years. When states first 17 began adopting these tax incentives in the 1960s, they hoped to encourage utilities, industrial 18 plants, and others to install pollution control equipment. Gradually, as regulation increased, 19 states adopted the exemptions to help companies offset the cost of the equipment. 20 This tax benefit erodes local tax bases. In 2013, more than $1.8 billion of personal and real 21 property for electrical generation was exempted from the market value of utilities. The incentive 22 value of this benefit is low because utility companies are required to install the equipment 23 anyway. In addition, these companies frequently recover the cost of the equipment through rate 24 riders granted by the Public Utilities Commission. Allowing the pollution control equipment 25 exemption places the cost of this equipment on the citizens of the host community, rather than 26 the purchasers of electricity. 27 229 Response: The pollution control exemption places an undue burden on host communities 1 without incentivizing the environmentally responsible behavior that it was originally 2 created to encourage. The League of Minnesota Cities supports narrowing or eliminating 3 the pollution control equipment exemption for investor-owned electric generation facilities. 4 The League would also support allowing utilities to continue to recover their costs relating 5 to the pollution control equipment by spreading those costs to electricity users. 6 FF-16. Representative Democracy and Local Control 7 Issue: Local officials are elected by citizens to make decisions on behalf of their community, 8 including important taxation and expenditure decisions. At times, the legislature has enacted 9 blunt tools such as levy limits to supersede the discretion of city councils. Levy limits replace 10 local accountability with a state judgment about the appropriate level of local taxation and local 11 services. Additionally, state restrictions on local budgets, ordinances and fees can unnecessarily 12 restrict the abilities of city councils to respond to local needs and also have a negative effect on a 13 city’s bond rating due to the restriction on revenue flexibility. 14 As city officials try to plan for future local needs, levy limits can be as much a floor as a ceiling 15 on local government levies as local officials try to anticipate future state actions by “levying to 16 the limit” to preserve future levy authority. 17 Levy limits also fail to account for the decertification of tax increment financing districts. Upon 18 decertification, the property taxes that were formerly collected and used to support the public 19 improvements in the TIF district can no longer be collected at the same rate and used to support 20 ongoing general city operations. 21 Response: Local elected officials are elected to make decisions about local issues and 22 concerns and act to meet community needs in the short-term and the long-term. City 23 councilmembers and city mayors are elected by the citizens of their community to 24 represent them in the decision-making processes for and on behalf of their communities. 25 Those elected to serve are best suited to make decisions closest to the people most closely 26 affected. They make decisions about their activities in their city which are reflective of 27 their adopted municipal ordinances and annually adopted fee schedules. Local budgets, 28 230 fees and ordinances are based on each particular city’s own particular unique community 1 needs, attributes and considerations. The League of Minnesota Cities supports the 2 principle of representative democracy that allows local officials to make decisions without 3 state or other restrictions. 4 FF-17. Tax Hearing and Notification Process* 5 Issue: Cities must set a preliminary levy by September 30, which is the levy used to compute the 6 parcel-specific property tax notification forms. With only a few limited exemptions (e.g., voter-7 approved levies, levies for natural disasters and levies for certain tort judgments), this 8 preliminary levy, by law, becomes the maximum that cities can levy the following year. As a 9 result, cities may be unable to budget for unforeseen needs that arise after September 30. 10 In 2021, the legislature added Minn. Stat. § 275.065, subd. 3b that requires cities over 500 11 population to provide the county with summary budget information consistent with the summary 12 budget report submitted to the State Auditor under Minn. Stat. § 6.745 for the proposed budget 13 and the current budget. Although the requirement was delayed until the process to set 2023 14 budgets, cities will have a new, complicated reporting process that will add considerable 15 information to the annual proposed property tax statement. In addition, rather than explaining 16 city’s proposed budget, the amount of new information could overwhelm taxpayers. 17 Response: Cities should have the authority to increase the final levy from the preliminary 18 levy with the approval of the commissioner of the Department of Revenue, to meet 19 additional, unforeseen and uncontrollable needs, including arbitrator awards resulting 20 from labor negotiations, the impact of new and existing federal or state mandates including 21 administrative rules, or other non-discretionary budget factors. 22 The tax hearing and notification law should be carefully reviewed to assure that the 23 legislative intent is reflected in the statutes. 24 Specifically, the League of Minnesota Cities supports the following: 25 a) Modifying Minn. Stat. § 275.065 to clearly and fully exclude cities of population 500 and 26 under from the budget and levy hearing requirements; 27 231 b) Reinstating the exception to the tax hearing and notification requirements for cities 1 with more than 500 residents with a proposed levy increase below the implicit price 2 deflator (IPD); and 3 c) The summary budget information requirement enacted under the 2021 omnibus tax bill 4 should be evaluated for effectiveness and value to taxpayers. The requirement should 5 be converted to a suggested option and cities should be able to substitute their 6 established local process and format to explain their proposed budget to taxpayers. 7 In order to assist local officials with the challenge of explaining legislative changes to the 8 property tax system, legislators should attend and be encouraged to participate in local 9 government budget hearings in their districts. 10 FF-18. General Election Requirement for Ballot Questions 11 Issue: Under current state law, when cities are required to seek voter approval on a ballot 12 question or where statutes allow voters to petition for an election on a council action (reverse 13 referendum), these referenda can generally be held at a general or special election. This 14 flexibility allows cities to respond to local circumstances in a timely manner. 15 Response: Cities should be allowed to conduct elections on ballot questions at a date and 16 time set by the city council and that complies with existing election notification statutes. 17 FF-19. City Fund Balances 18 Issue: As a component of a prudent financial management plan, cities maintain a fund balance 19 composed of cash flow funds, savings for projects, and rainy-day reserves to maintain high level 20 bond ratings and to minimize borrowing costs. Although the size of a city’s fund balance should 21 be determined through local financial needs and local preferences, some cities are being 22 criticized for maintaining “excessive” reserves. As the recent pandemic unfolded, there were 23 calls to delay tax payments by property owners, citing city fund balances as evidence that cities 24 could absorb cash flow delays. 25 232 The Office of the State Auditor (OSA) report measures city fund balances on December 31, 1 shortly after the city receives its largest sources of revenue from the property tax and state aid 2 distributions. Measuring at this time, however, yields a picture of a high fund balance even 3 though the city will spend down these funds to cash flow the next five to six months of its 4 operations. 5 Response: The state should respect local decisions on adequacy of local fund balances. The 6 League of Minnesota Cities opposes any attempt to divert local reserves to benefit the state 7 budget or use reserves as a rationale for state aid cuts or property tax payment delays. 8 FF-20. Local Option Sales Tax and City Revenue Diversification* 9 Issue: Under current state law, the property tax is the only generally accessible form of local tax 10 revenue for cities. Allowing cities to diversify their revenue stream would help prevent rapid 11 additional future reliance on the property tax. 12 The basic public finance rationale for diversification of local tax systems is rooted in the fact that 13 economists generally agree that there is no perfect tax. Each tax has unique strengths and 14 weaknesses and the more intensively any single tax type is used, the more obvious its 15 shortcomings become. For example, the property tax is generally regarded as being very stable 16 throughout the economic cycle and it is considered to be a relatively easy tax to administer and 17 enforce. However, when property tax burdens become too high, there may be negative 18 consequences for other public policy objectives such as business development and home 19 ownership. 20 In addition to avoiding the problems created by excessive reliance on any single tax, a balanced 21 and diversified revenue system for Minnesota cities may create a more favorable business 22 climate and provide for greater stability of revenues to the recipient government unit throughout 23 the course of the economic cycle. 24 Under Minn. Stat. § 297A.99, the Legislature has created a set of local sales tax rules and a 25 defined process by which cities and other political subdivisions can impose a general local option 26 sales tax. Although the statutory process requires the city council to adopt a resolution 27 233 supporting the local sales tax, the process continues to require the authorization of the local sales 1 tax by the Legislature through the passage of a special law before finally seeking voter approval 2 at a general election. 3 The 2019 requirement to have separate ballot questions for each project has challenged cities to 4 draft ballot questions that are clear to voters. Each question must describe the project and the 5 sales tax that will support the proposed project however, the requirement could confuse voters 6 that each project would result in separate sales tax rate increases that would be cumulative. 7 Cities are also currently prohibited from imposing a new sales tax for a period of one-year from 8 the expiration of an existing local sales tax under Minn. Stat. § 297A.99, subd. 3(d), which 9 creates an administrative challenge for retailers who collect the local sales taxes when local sales 10 taxes blink off and then on again for a new project. 11 City requests for sales tax authority continue to increase. In 2019, the legislature granted local 12 sales tax authority to an additional 16 cities and in 2021, an additional 16 cities were authorized 13 to conduct a referendum to impose new or expanded local sales taxes. In 2023 the legislature 14 authorized 32 cities for either new local sales taxes or modifications to existing authority. 15 Additionally, the 2023 legislature created a two year moratorium on future consideration of any 16 local sales tax authorizations and created a task force to make recommendations on how these 17 requests should be handled moving forward. In 2022, 15 cities followed the process and an 18 additional four cities sought adjustments to their local sales taxes initially authorized in 2021 to 19 cover unexpected cost increases in building materials and interest rates that occurred after their 20 special laws were enacted, however, the legislature failed to pass a tax bill and therefore none of 21 the authorizations were enacted. 22 Response: Cities should be able to diversify their sources of revenues. The League of 23 Minnesota Cities continues to support a statutory change to generally allow a city to enact 24 a local sales tax for public improvements and capital replacement costs, including but not 25 limited to those specified in the 2019 legislation: 26 a) Convention or civic centers; 27 b) Public libraries; 28 234 c) Parks, trails, and recreational facilities; 1 d) Overpasses, arterial and collector roads, or bridges, on, adjacent to, or connecting to a 2 Minnesota state highway; 3 e) Railroad overpasses or crossing safety improvements; 4 f) Transportation infrastructure improvements, including construction, repair of 5 roadways, bridges and airports; 6 g) Flood control and protection; 7 h) Water quality projects to address groundwater and drinking water pollution problems; 8 i) Court facilities; 9 j) Fire, law enforcement, or public safety facilities; or 10 k) Municipal buildings. 11 Local sales taxes would follow the process outlined in Minn. Stat. § 297A.99 but without the 12 need for the approval by the Legislature and governor through the passage of special 13 legislation. 14 The existing general law governing local sales (Minn. Stat. § 297A.99) should be modified 15 as follows: 16 a) The local referendum requirement under Minn. Stat. § 297A.99, subd. 3(a) should be 17 clarified to allow the referendum to occur at any November election, regardless of 18 whether a city has candidates or questions on the ballot or a special election. 19 b) The requirement for separate ballot questions for each proposed project under Minn. 20 Stat. § 297A.99, subd. 3(a) should be clarified, possibly through changes to the structure 21 of the ballot, to avoid voter confusion. Alternatively, the legislature should consider 22 allowing a city the option of combining projects into a single ballot question. 23 235 c) The current prohibition on imposing a new local sales tax for a period of one-year from 1 the expiration of an existing local sales tax under Minn. Stat. § 297A.99, subd. 3(d), 2 creates administrative challenges for retailers and should be repealed. 3 d) The general law outlining the local sales tax process or individual special laws should 4 allow a city the flexibility to modify the ballot question to increase the total amount of 5 the sales tax collected and extend the duration of tax to cover unanticipated project cost 6 increases. 7 State law should also be modified to generally authorize any city to impose other types of 8 taxes such as a local payroll tax or an entertainment tax with the adoption of a supporting 9 resolution by the city council and after approval by the voters at a general or special 10 election. 11 In addition, Minn. Stat. § 469.190 should amended to allow cities to impose up to a five 12 percent local lodging tax and to allow cities to modify the uses of their local lodging tax 13 revenues to meet local needs. Cities should also have general authority to create utilities, 14 similar to the storm sewer utility authority, in order to fund local services where benefit or 15 usage of the service can be measured. 16 FF-21. City Franchise Authority 17 Issue: Under Minn. Stat. ch. 216B and Minn. Stat. § 301B.01, a city may require a public utility 18 furnishing gas or electric utility services or occupying streets, highways or other public property 19 within a municipality to obtain a franchise to operate within the community. In addition, cable 20 system operators are required to obtain a franchise under Minn. Stat. ch. 238. 21 Under a franchise, the city may require the utility to pay a fee to the municipality to raise 22 revenue or to defray increased municipal costs, such as maintenance and reconstruction costs, 23 accruing as a result of utility operations, or both. 24 State law currently allows the franchise fee to be based upon gross operating revenues or gross 25 earnings of the utility from its operations in the municipality. In this manner, all utility users 26 within the municipality contribute to the public costs associated with the utility operation. In the 27 236 absence of franchise fees, municipal costs resulting from utility operations are currently being 1 funded by property taxpayers. 2 Many cities also have policies related to utility company services and products that could be 3 supported under conditions of a franchise agreement, such as local renewable energy and energy 4 efficiency programs. Current statutes do not explicitly provide city authority to include those 5 types of performance conditions in a franchise agreement. 6 Under current law, cities are permitted to engage citizens when discussing a new or renewed 7 franchise fee arrangement in the manner that best fits the community. A recent legislative 8 proposal would have added a prescriptive notification and reverse referendum requirement to the 9 process of imposing or renewing a franchise agreement with a gas or an electric utility. 10 Response: Municipal authority to collect franchise fee revenues from utilities is an 11 important and equitable mechanism to offset the costs of maintaining public right-of-way 12 and to generate a return on a publicly held asset. Municipal franchise authority must be 13 preserved and should be expanded to allow city policy priorities to be addressed through 14 conditions in franchise agreements that have the cost covered by local ratepayers, where 15 appropriate, and can be accomplished within the local franchise boundaries. The League 16 opposes adding a one-size-fits-all notification requirement and a reverse referendum 17 procedure to the gas and electric franchise fee process. In addition, in situations where a 18 local provider decides to sell their operations, the city must have the right of first refusal to 19 purchase the assets of the utility. 20 FF-22. Utility Valuation Transition Aid* 21 Issue: In 2007, the Minnesota Department of Revenue revised its rules regarding the valuation of 22 electric and natural gas utility property. This change in the rules resulted in valuation changes 23 for utility property that dramatically reduced the amount of revenue that local governments will 24 collect in property tax from these utilities. 25 Recognizing that the communities that host these utilities bear extraordinary burdens connected 26 with stress on local infrastructure, public safety, and public nuisance due to the presence of these 27 237 facilities in their communities, the Legislature created the Utility Valuation Transition Aid 1 program. This program compensates host communities that have lost more than 4 percent of 2 their net tax capacity as a result of Department of Revenue’s rule changes. 3 Currently the taxation of electric generation personal property represents the best method for 4 reimbursing host communities for the cost of hosting IOUs. However, a 2015 MN Department of 5 Revenue study on electric generation taxation has generated proposals to change the state system 6 of taxing electric generation which raise equal or greater revenues for host cities. 7 Response: The League of Minnesota Cities supports the continuation of the Utility 8 Valuation Transition Aid program and opposes any efforts to change statutory language or 9 to divert promised funds away from host communities for any purpose unless statutory 10 language replaces promised funds with equal or greater revenue to host communities. If 11 the Legislature does determine that it is necessary to re-allocate the funds in the Utility 12 Valuation Transition Aid program for another purpose, the League supports other 13 legislative efforts that would compensate the host communities for the economic and 14 environmental costs of hosting these facilities through reimbursement from the investor-15 owned utilities. These other efforts could include, but are not limited to, increasing the 16 class rate on utility property to the extent that it would offset the negative effects of the 17 utility valuation rule change. 18 FF-23. State Assistance for Property Tax Refunds for State-Assessed Property 19 Issue: State law requires certain property, including pipelines, railroad, utility property be 20 assessed for property taxation purposes by the Minnesota Department of Revenue. When 21 companies challenge the valuation of these properties, local units of government may be required 22 to refund excess taxes, which in some cases, can create financial hardship for local units of 23 government and their taxpayers. 24 In 2021, the legislature appropriated $29.4 million from the state’s general fund to reimburse a 25 pipeline company for the tax court judgment. However, this one-time appropriation will not 26 provide assistance to other recent tax court decisions. 27 238 Response: The state should establish a permanent program to provide financial 1 compensation to all units of local government for court ordered property tax refunds 2 where the state has determined values. 3 FF-24. Transition for Property Acquired by Tax-Exempt Entities 4 Issue: When an existing taxable property is acquired by a tax-exempt entity other than a city or a 5 city development authority or otherwise becomes tax exempt and removed from the tax base, the 6 taxes formerly paid by the property owner are shifted to other, remaining taxable properties 7 within the jurisdiction. When the acquired property is a large percentage of the tax base of a city 8 or other local unit of government, the shift in taxes can be substantial. 9 Response: The state should establish a program to provide financial compensation to all 10 units of local government for court ordered property tax refunds where the state has 11 determined values. 12 FF-25. Payments for Services to Tax-Exempt Property 13 Issue: Taxable property in many cities is being acquired by nonprofit and government entities. 14 Converting the property to tax-exempt status can lead to serious tax base erosion without any 15 corresponding reduction in the service needs created by the property. 16 In 2013, legislation was introduced that would have broadly exempted non-profit property from 17 paying user fees or service charges for any service funded in part with property taxes over the 18 previous five years. Under certain circumstances, this proposal could have potentially exempted 19 non-profits from paying for even utility charges. 20 Response: Cities should have the authority to collect payments from statutorily-exempt 21 property owners to cover costs of service similar to the authority provided under the 22 special assessment law. The League of Minnesota Cities opposes legislation that would 23 exempt non-profits from paying for user fees and service charges that help fund services 24 these organizations use. 25 239 FF-26. Housing Improvement Areas and Special Service Districts Petitioned 1 by Business* 2 Issue: In 1996, cities were granted general authority under Minn. Stat. §§ 428A.11-.21 to use 3 Housing Improvement Areas (HIAs) in order to finance housing improvements for condominium 4 and townhome complexes. Several cities around the state have used this tool and found it to be a 5 useful mechanism for maintaining older association homes. 6 The 2013 Legislature also granted HIA authority to a county Community Development 7 Authority (CDA). As part of that authority, the CDA is required to gather local approval before 8 creating an HIA. 9 In 1996, the Legislature also gave cities the general authority to create Special Service Districts 10 (SSDs) under Minn. Stat. §§ 428A.01-.101. Cities around the state have used this tool to provide 11 an increased level of service to commercial or industrial areas, commonly in areas of retail 12 concentration. SSDs are established at the request of local businesses, who ultimately pay for and 13 benefit from the increased level of service. A SSD may be established anywhere in a city but 14 only business property (i.e. commercial, industrial, utility, or land zoned for commercial or 15 industrial use) will be subject to the service charge. Some special services have included street 16 and sidewalk cleaning, snow and ice removal, lighting, signage, parking, parking enforcement, 17 marketing and promotion, landscaping, and security. A SSD may be established only by petition 18 and the city adopts an ordinance to establish it. Minn. Stat. §§ 428A.09-10 establishes 19 procedures for the business owners in the SSD to veto or end the SSD. The 2013 legislature 20 extended the sunset for both tools for 15 years, making it set to expire on June 30, 2028. In 2017, 21 the House considered legislation that was ultimately unsuccessful to repeal the general SSD 22 authority for cities. There are currently over 15 cities that have established SSDs around the 23 state. 24 Additionally, in addressing the changing landscape of modern urban cores and the increase of 25 multi-family properties in downtown areas, the 2023 legislature allowed qualified multi-family 26 properties to be included in SSDs. 27 240 As cities work to develop and/or redevelop commercial, industrial, and residential areas, new 1 ways of paying for and providing increased levels of service should be available to local entities. 2 Use of Special Service Districts in mixed-use development is one tool that could be available for 3 this purpose. 4 Response: The Legislature should give cities permanent authority to create HIAs and SSDs. 5 The League of Minnesota Cities supports the authority for cities to work with multi-family 6 properties and businesses their business communities to establish SSDs and opposes efforts 7 to restrict general authority of the tool. 8 The League also supports the potential use of SSDs for mixed-use districts that include 9 residential and commercial/industrial properties. The law should be reviewed to determine 10 to what extent mixed-use properties can and should contribute to a Special Service District 11 from which they will benefit. The League would support legislation that expands SSDs to 12 include mixed-use development to the extent it balances the benefits and obligations of 13 residential properties within the district. 14 If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation 15 of an HIA must require local approval. 16 FF-27. Tax-Forfeited Properties and Local Special Assessments 17 Issue: Special assessments are a charge authorized by the Legislature and state law, imposed on 18 properties for a particular improvement that benefits those selected properties. Cities follow 19 complex, time-consuming statutory special assessment procedures to specially assess the 20 appropriate amount of the local infrastructure improvements to those properties. 21 If a property with validly attached special assessments goes into tax-forfeiture, the county auditor 22 cancels all of the local special assessments due and remaining unpaid on each parcel, which is 23 authorized in Minn. Stat. § 282.07. Therefore, the city loses the funds previously budgeted and 24 planned for to pay for the local improvements. To underline this point, the funds have already 25 been expended and if not collected, result in losses to the city. 26 241 When tax-forfeited land returns to private ownership, and the parcel benefitted from an 1 improvement for which the city canceled special assessments because of the forfeiture, the city 2 may assess or reassess the parcel. But cities must go through the same cumbersome notice and 3 hearing procedures in order to re-attach the assessments. 4 Response: The Legislature should remove cancellation of local special assessments from 5 state law, allowing cities to receive the funding validly assessed and counted on to fund 6 local infrastructure improvements. 7 FF-28. Distribution of Proceeds from the Sale of Tax-Forfeit Property 8 Issue: When properties go into tax forfeiture all levels of government lose tax revenue that 9 would otherwise support the services they provide. It is always in the best interest of taxpayers to 10 return these properties to the tax rolls as quickly as possible. 11 Although the tax forfeiture process is controlled by the county, and counties have a legitimate 12 need to be reimbursed for reasonable administrative costs, the city often has more at stake 13 financially in terms of costs fronted to facilitate development (e.g., assessments for public 14 infrastructure and unpaid development or utility fees). While the tax forfeit procedure provides a 15 process for the repayment of special assessments, it does not require the repayment of unpaid 16 utility charges or unpaid building and development fees. Further, due to large assessments that 17 some cities are left with, it may not be practical to sell a tax-forfeited property subject to a 18 special assessment, and city taxpayers may be forced to absorb the sunk costs of a project in 19 order to sell the property. 20 State statutes governing the apportionment of the proceeds from the sale of tax forfeit property 21 allow counties to first recover administrative costs related to the tax forfeiture process before 22 subsequent allocations are made for special assessments and hazardous waste cleanup associated 23 with the property. State law is unclear whether the proceeds from a tax forfeiture transaction 24 should be used to reimburse the county only for the expenses associated with the transacted 25 parcel, or if the proceeds can be used to reimburse the county for administrative costs associated 26 with other parcels that were not transacted. When the latter allocation method is employed by a 27 county, the transaction proceeds can be disproportionately applied to county administrative costs 28 242 resulting in a lower allocation of remaining proceeds to cover existing special assessments, 1 hazardous waste cleanup costs and ultimately the final allocation of residual tax forfeit sale 2 proceeds to cities. 3 In addition, counties are allowed to use 30 percent of the amount remaining after the deduction 4 for administrative expenses and the repayment of special assessments for forest development 5 projects and then 20 percent of any remaining proceeds for county parks and recreation projects. 6 The structure of the distribution of the proceeds frequently results in cities receiving a very small 7 percentage of the initial forfeit sale proceeds. As a result, cities may not recoup even a portion of 8 the unpaid taxes or special assessments owed on a property. 9 In most cases, cities and counties work collaboratively to ensure that properties are returned to 10 the tax rolls quickly to benefit all taxpayers. However, when consensus is not reached, the tax 11 forfeiture statutes place cities at a disadvantage and can disproportionately burden the taxpayers 12 of the city in which the properties are located. 13 Response: The League of Minnesota Cities believes the tax forfeiture statutes should be 14 reviewed and amended as necessary to ensure that the needs of city and county taxpayers 15 are properly balanced. Specifically, the League supports changes in the distribution of the 16 proceeds from the sale of tax forfeit property contained in Minn. Stat. § 282.08 to elevate 17 the priority for repayment of unpaid charges for electricity, water and sewer charges 18 certified pursuant to Minn. Stat. § 444.075 subd. 3(e), and any unpaid fees prescribed 19 pursuant to Minn. Stat. § 462.353 subd. 4(a), to require those unpaid charges and fees to be 20 repaid immediately after unpaid special assessments. 21 The proceeds from the sale of a tax forfeited parcel should be used to pay the assessments 22 and administrative and development costs for the transacted parcel. Minn. Stat. § 282.09 23 should be amended to prevent the proceeds from the sales of a tax forfeited parcel to be 24 used to pay excessive administrative costs or the costs for other parcels in the county until 25 the city is fairly reimbursed for unpaid assessments and development costs of the 26 transacted parcel. 27 243 Before the final distribution of any remaining proceeds from the sale of tax forfeited land 1 are distributed to cities, counties, and school districts, Minn. Stat. § 282.08(4)(i) and (ii) 2 give counties the right to take up to half of those proceeds for county forest development 3 and county park and recreation areas. The League also supports the elimination of these 4 separate statutory apportionments while allowing counties to use their designated 40 5 percent share of the remaining proceeds for these uses. 6 FF-29. State Hazard Mitigation and Response Support 7 Issue: Cities in Minnesota are exposed to extreme weather events such as winds, flooding, fires, 8 and drought and are facing the severe financial consequences of the clean-up, repairs, and 9 community social and economic recovery, even though damages may be deemed “not of such 10 severity and magnitude” as to qualify for federal assistance. 11 Response: The League of Minnesota Cities calls on our legislators and state executive 12 agencies charged with hazard mitigation planning to address not only a response to 13 extreme weather events but to also put into place a proactive strategy to minimize or 14 mitigate the financial consequences. At a minimum, this effort should offer a reasonable 15 loan funding program that is easily accessible by cities, businesses and homeowners to 16 financially recover and rebuild, with the ultimate goal of preserving jobs, industries, and 17 communities. 18 The state response should allow for the use of new technology and best management 19 practices for any reconstruction of infrastructure to lessen the impact of future disasters 20 and to mitigate the effects of disasters resulting from future extreme weather events. 21 FF-30. Library Funding* 22 Issue: State law requires that local governments maintain a minimum level of funding for public 23 library services. This is collectively known as “state-certified levels of library support,” or more 24 commonly known as, “maintenance of effort (MOE)” and is described in Minn. Stat. § 134.34. 25 A majority of public libraries in Minnesota belong a regional library system, which is the entity 26 that receives library funding from the Minnesota Department of Education. Six of the 12 regional 27 244 library systems are structured as a federated system where the individual libraries or library 1 systems operate autonomously from the regional library system but they can utilize certain 2 services such as inter-library loan distribution, digital card cataloging, which capitalize on 3 economies of effort from partnering with the other libraries in the regional system. The MOE for 4 any city that taxes separately for library services is now set at 90% of the amount established in 5 2011 (see Minn. Stat. § 275.761). In 2011, it was calculated using a formula that included 6 payments made in the form of the library employee salaries, payments toward operating the 7 facility, purchasing materials from the library, and other operating costs, adjusted net tax 8 capacity, and several other factors. The other half of the state’s public library systems are 9 consolidated systems, where the regional library system runs the libraries through a joint powers 10 agreement with counties and participating cities. The regional library system has a board and 11 hires the director. A city that participates in the regional system will have an MOE (calculated as 12 described above). The city MOE may include dollars provided directly to the regional library 13 system or operating dollars provided to support building costs (i.e. city-provided maintenance 14 services). 15 In the metropolitan area, the seven county library systems and one city library system belong to 16 the Metropolitan Library Services Agency (MELSA), the metro area regional library system. 17 Most of the cities that operate libraries independently from their county library system belong to 18 MELSA as affiliates of their county library system. The funding of libraries in MELSA may be 19 from a county levy, a city levy, a city library fund from the general city levy or a combination. 20 Most libraries not only serve city residents, but also serve people that reside outside of city limits 21 who, in some cases, are not fully contributing to the upkeep, maintenance or operations of the 22 library through property tax levies. While counties do contribute to municipal libraries, this 23 support falls well short of the per capita amounts contributed by city residents. 24 City officials support libraries and believe that a system of equitably funded libraries is needed. 25 One approach that has been previously approved by the Legislature is providing for funding 26 through regional tax levies designated as “library districts.” A district would have the authority 27 to levy for public library services in lieu of their member cities and counties. Under Minn. Stat. 28 245 § 134.201, the Great River Regional Library System and the East Central Regional Library 1 System already have authority to create “library districts.” 2 Some cities also contribute a supplemental amount of funding separate from MOE requirements, 3 usually to pay for building maintenance costs. When the state calculates the required MOE for 4 each local unit of government, local building costs are included in city MOE requirements and 5 all monies cities contribute to a library building, except capital, are taken into account. The MOE 6 requirement is a mandate on cities that does not allow for local decision making. However, it 7 provides a stable source of funding to protect the investment in library resources and services 8 around the state. There are some groups that are advocating for a restoration of the MOE to 9 levels at least as high as the 2010 level. 10 Response: The League of Minnesota Cities supports sufficient, stable and equitable funding 11 for local libraries to allow for local budget decision making. The League urges the state 12 legislature to increase funding for Regional Library Basic System Support in order to 13 amend the distribution of these funds to provide more stability and equity to each of the 12 14 regional public library systems. Specifically, the LMC supports: 15 a) Amending the distribution formula to increase the Basic System Services factor from 16 5% to 15% and reduce the Equalization factor from 25% to 15%; 17 b) Increasing the total appropriation from the current $13.57M/year to an amount 18 necessary to hold all 12 regional systems harmless through the formula change. 19 The League supports changes to the library maintenance of effort by the Legislature as 20 follows: 21 a) The required annual payment should reflect the amount the city itself pays toward 22 maintenance, upkeep, and capital improvements to the library in that year. 23 b) If the MOE reduction in Minn. Stat. § 275.761 is restored to a level at least as high as 24 the 2010 level, it should be phased in over three years. 25 c) Any relief provided to the county MOE requirement should not result in additional 26 funding requirements to cities. 27 246 The League also supports the creation of general authority for library systems to create 1 library taxing districts and the authority for municipal libraries to charge non-residents for 2 membership and/or other services without the loss of any State or Federal aids. 3 FF-31. Park and Library Land Tax Break 4 Issue: As the price for land increases, it is becoming more difficult for cities and other local units 5 of government to compete with developers to save and secure land and easements that are 6 deemed appropriate for park, library, trail, and green spaces. 7 Response: The state should amend the tax laws to provide tax incentives for property 8 owners who sell land and easements to local units of government when the land is to be 9 used for park, library, trail or green space purposes. 10 FF-32. Increasing Safe School Levy Authority 11 Issue: Strong partnerships between schools and local law enforcement are critical to school 12 safety. Police School Resource Officers (SROs) are valued professionals in school communities 13 and provide support, safety and security for students, staff and the public. Further, SROs can 14 provide regular opportunities for informal, positive interactions between students and police 15 personnel. 16 Under Minn. Stat. § 126C.44, the Safe Schools Levy allows school districts to levy for costs 17 associated with student and staff safety based on student enrollment numbers. Some eligible 18 expenses include police liaison services; drug abuse prevention programs; gang resistance 19 education training; school security; crime prevention; and implementation of student and staff 20 safety measures. 21 Using Safe Schools Levy authority, local school boards may raise additional resources for school 22 safety and security. Almost every Minnesota school district currently levies the full amount of 23 $36 per pupil. This amount does not cover the full cost of providing this important service, and 24 local law enforcement agencies are not being fully compensated for providing SROs. 25 247 Response: The League supports increasing the maximum Safe Schools Levy from $36 per 1 pupil up to $60 per pupil to ensure schools and communities are able to continue providing 2 safe schools programming. 3 FF-33. Equitable Funding of Community Education Services* 4 Issue: Under Minn. Stat. § 124D.20, school districts are authorized to levy for community 5 education programs that can include youth recreational activities. However, state statute limits 6 the total amount of revenue that can be raised by the school district to fund community education 7 programs and this limit has not been sufficiently increased in recent years. In many instances, 8 cities participate in the funding of these programs and with the statutory limit on the amount 9 school districts can levy, the increased cost of these programs is increasingly falling on cities and 10 their property taxpayers. In areas where the school district is significantly larger than the city, the 11 burden of funding these programs is falling disproportionately on city taxpayers while the 12 programs benefit the entire school district. In 2023 the legislature increased the basic community 13 education revenue allowance from $5.42 per capita to $6.35 per capita beginning in fiscal year 14 2025. 15 Response: The League of Minnesota Cities supports a periodicstatutory increase in the 16 community education revenue authorization for school districts. Increasing the amount of 17 the community service revenue available to school districts would provide a steady source 18 of revenue, which would be assessed against all properties in the school district, not just 19 against properties in the city. 20 FF-34. Street Reconstruction Bond Approval 21 Issue: Under Minnesota law, financing the maintenance of streets can be a challenge for city 22 councils. Minn. Stat. § 475.58 subd. 3b, authorizes a city council, by two-thirds vote, to approve 23 the issuance of bonds to finance street reconstruction or bituminous overlays without voter 24 approval. The two-thirds council approval requirement is further subject to a reverse referendum 25 process whereby a number equal to five percent of those voting in the last municipal general 26 election can petition for a referendum to approve the issuance of the bonds. 27 248 Response: Street maintenance is one of the essential functions of cities in Minnesota. The 1 laws governing issuance of bonds to maintain streets should be amended to allow the 2 approval of the bonds by a simple majority of the council. The existing reverse referendum 3 process assures that taxpayers could trigger a referendum on the issuance of bonds if they 4 can meet the five percent petition threshold. 5 FF-35. Special Assessment Election Requirements 6 Issue: City Councils are best situated to recognize the need to replace infrastructure and when to 7 schedule the replacement projects. Cities are often only able to carry out these and other vital 8 improvements by issuing bonds and assessing some amount of the cost to property owners. 9 Issuing bonds to finance most local improvement projects requires a special election unless the 10 city can legally collect at least 20% of the project costs through special assessments. As a legal 11 limit, cities cannot collect special assessments from any property greater than the increase in fair 12 market value bestowed to that property by the improvement (the "special benefit test"). On 13 occasion, the increase in property values as a result of the improvement can fail to add up to the 14 20% threshold necessary to finance projects without requiring a special election. 15 Response: In order to facilitate the financing of public infrastructure projects, the 16 threshold for requiring voter approval for issuance of improvement bonds under Minn. 17 Stat. 429.091 should be reduced to 15 percent. This change would provide more flexibility 18 for cities with their construction/bonding/assessment decisions and may be more likely to 19 survive a challenge while still providing value to the property owner. 20 FF-36. Homestead Market Value Exclusion* 21 Issue: In 2011, the legislature repealed the existing homestead market value credit program and 22 replaced it with a new Homestead Market Value exclusion (Minn. Stat. § 273.13, subd. 35). 23 Under the homestead market value exclusion, an amount equal to 40 percent of the assessor’s 24 estimate of the home’s market value for a home up to $76,000 in market value is excluded from 25 taxation. For homes in excess of $76,000 of market value, the exclusion phases out as home 26 249 values increase until it is totally phased out for homes over $413,800. The general parameters of 1 the program have not changed since 2011. 2 Recent trends in residential home values have significantly reduced the value of the exclusion for 3 many homeowners. According to the Minnesota Association of Realtors, in 2011, the median 4 sales price of homes in Minnesota, was $135,000, which received an exclusion of $25,090 or 5 nearly 19 percent of the total value of the home. In 2021, the median sales price was $306,750, 6 which received an exclusion of $9,633, or just 3.1 percent of the total value of the home. In 7 response to these rising home values, in 2023 the legislature modified the exclusion to equal 40% 8 of the first $95,000 of market value. For homesteads valued between $95,000 and $517,200, the 9 exclusion equals $38,000 minus 9% of the value over $95,000. Homesteads valued at $517,200 10 or more are not eligible to receive the exclusion. These changes are effective starting in 11 assessment year 2024. 12 During the 2022 legislative session, legislators considered proposals to increase the homestead 13 market value exclusion. The House would have increased the exclusion to 40 percent of the 14 value on the first $80,300 of value and extended the full phase-out to homes valued at up to 15 $437,100. The Senate would have increased the exclusion to 40 percent of the value on the first 16 $95,000 of value and extended the full phase-out to homes valued at up to $517,200. 17 Response: Due to the recent rapid increase in home values, the The League of Minnesota 18 Cities supports periodic modifications to the homestead market value exclusion program to 19 increase the benefit of the exclusion to qualifying homeowners. Changes to the homestead 20 market value exclusion should be considered in concert with the impact of the homestead 21 credit refund program 22 FF-37. State Fund for Non-weather-related Disaster/Catastrophe Relief 23 Issue: Municipalities and other governmental units are at risk of experiencing disastrous events 24 affecting their communities beyond natural disasters, whether from civil disturbances, industrial 25 catastrophes, or other disastrous events. Such events may result in unbudgeted and unfunded 26 costs related to clean-up, repairs, “social” and economic recovery, infrastructure restoration, 27 rebuilding structures, and other damage repair which may not be qualify for relief from Federal 28 250 resources. While some limited State resources may be available, cities do not have the resources 1 to respond to such disasters. 2 Response: The League of Minnesota Cities supports the creation of a state fund to assist 3 local communities in repair and response to these disastrous events with the ultimate goal 4 of preserving jobs, industries, and communities. 5 FF-NEW A. Park Dedication* 6 Issue: For decades, Minnesota cities have been permitted in Minnesota Law Chapter 462 to 7 adopt ordinances that require a reasonable portion of land be dedicated to the public, or to 8 impose a dedication fee on new housing units and new commercial and industrial development in 9 a city for parks. As a result, cities across the state have been able to create parkland that provides 10 intrinsic environmental, aesthetic, and recreation benefits to cities and their residents, which 11 enhances property values, increases municipal revenue, and supports local economic 12 development. However, current law only permits cities aside from Minneapolis and St. Paul to 13 collect parkland dedication only on subdivided land, which prohibits a city from collecting park 14 dedication or fees for redevelopment of existing parcels that does not require subdivision of the 15 property, but still generates need and impact for city parks. Cities with built out environments are 16 particularly disadvantaged as new residential units are added via redevelopment or infill 17 development without the ability for cities to assess a fee or land dedication for the new 18 residential units despite the increased demand for parks and green spaces from the new 19 residential units. 20 Response: The legislature should preserve existing city authority to require parkland 21 dedication and park dedication fees and amend Minn. Stat. § 462.358 to allow all cities the 22 option to require a reasonable portion of land or park dedication fee on new housing units 23 and new commercial and industrial development without the requirement that land be 24 subdivided.25 Legislative Policies January 2024 Metro Cities Association of Metropolitan Municipalities 145 University Ave. W. St. Paul, Minnesota, 55103-2044 Phone: (651) 215-4000 Website: www.MetroCitiesMN.org Fax: (651) 281-1299 Twitter: @MetroCitiesMN Ms. Patricia Nauman Mr. Mike Lund Ms. Ania McDonnell Ms. Jennifer Dorn Executive Director Gov’t Relations Specialist Gov’t Relations Specialist Office Manager (651) 215-4002 (651) 215-4003 (651) 215-4001 (651) 215-4004 Patricia@MetroCitiesMN.org Michael@MetroCitiesMN.org Ania@MetroCitesMN.org Jennifer@MetroCitiesMN.org Table of Contents 2024 Legislative Policies Municipal Revenue & Taxation 1 1-A State and Local Fiscal Relationship 1 1-B Revenue Diversification and Access 2 1-C Restrictions on Local Government Budgets 3 1-D Budget and Financial Reporting Requirements 3 1-E Local Government Aid (LGA)3 1-F State Property Tax Relief Programs 4 1-G Property Valuation Limits/Limited Market Value 4 1-H Market Value Homestead Exclusion Program 5 1-I Metropolitan Area Fiscal Disparities Program 5 1-J State Property Tax 6 1-K Class Rate Tax System 6 1-L Regional Facility Host Communities 6 1-M Sales Tax on Local Government Purchases 7 1-N City Revenue Stability and Fund Balance 7 1-O Public Employees’ Retirement Association (PERA)7 1-P State Program Revenue Sources 8 1-Q Post-Employment Benefits 9 1-R Health Care Insurance Programs 9 1-S State Budget Stability 9 1-T Taxation of Electronic Commerce 9 1-U Payments for Services to Tax Exempt Property 10 1-V Proceeds from Tax Forfeited Property 10 1-W Deputy Registrars 10 1-X Special Assessments 11 General Government 12 2-A Mandates, Zoning & Local Authority 12 2-B City Enterprise Activities 12 2-C Weapons on City Property 12 2-D 911 Telephone Tax 13 2-E 800 MHz Radio System 13 2-F Building Codes 13 2-G Administrative Fines 14 2-H Residential Programs 15 2-I Annexation 15 2-J Statewide Funding Sources for Local Issues with Regional Impact 16 2-K Urban Forest Management Funding 16 2-L Pollinator Habitat Resources 17 2-M Regulation of Harmful Substances and Products 17 Table of Contents 2024 Legislative Policies Housing & Economic Development 27 Policies 3-A to 3-J: Introduction 27 3-A City Role in Housing 27 3-B City Role in Affordable and Life Cycle Housing 28 3-C Inclusionary Housing 29 3-D Metropolitan Council Role in Housing 30 3-E Allocation of Affordable Housing Need 31 3-F Housing Policy & Production Survey 32 3-G State Role in Housing 32 3-H Federal Role in Affordable and Workforce Housing 35 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk 36 3-J Housing Ordinance Enforcement 37 3-K Economic Development, Redevelopment and Workforce Readiness 37 3-K (1) Economic Development 38 3-K (2) Redevelopment 39 3-K (3) Workforce Readiness 40 3-L Tax Increment Financing (TIF)41 3-M Eminent Domain 43 3-N Community Reinvestment 44 3-O Business Incentives Policy 44 3-P Broadband Technology 45 3-Q City Role in Environmental Protection and Sustainable Development 46 3-R Impaired Waters 47 17 18 18 19 19 21 21 21 22 22 23 2-N Private Well Drilling Restriction Authority2-O Organized Waste Collection2-P Election Administration2-Q Utility Franchise Fees, Accountability and Cost Transparency2-R Water Supply2-S Regulation of Massage Therapists 2-T Peace Officer Arbitration Reform2-U Public Safety Training and Resources2-V Race Equity 2-W Street Racing2-X Carjacking2-NEW Adult-Use Cannabis2-NEW Emergency Medical Services 2-NEW Copper and Other Metal Theft2-NEW Open Meeting Law2-NEW School Resource Officers 25 232425 26 Table of Contents 2024 Legislative Policies 48 48 49 49 50 50 51 51 53 53 53 54 55 56 57 58 5859 Metropolitan Agencies 4-A Goals and Principles for Regional Governance4-B Regional Governance Structure4-C Comprehensive Analysis and Oversight of Metropolitan Council4-D Funding Regional Services 4-E Regional Systems4-F Regional Water Supply Planning4-G Review of Local Comprehensive Plans4-H Comprehensive Planning Process 4-I Comprehensive Planning Schedule4-J Local Zoning Authority4-K Regional Growth4-L Natural Resource Protection 4-M Inflow and Infiltration (I/I)4-N Sewer Availability Charge (SAC)4-O Funding Regional Parks & Open Space4-P Livable Communities 4-Q Density4-R Comprehensive Plans and Environmental Review Transportation 61 Transportation Policies and Funding Introduction 61 5-A Road and Bridge Funding 61 5-B Regional Transit System 62 5-C Transit Financing 64 5-D Street Improvement Districts 64 5-E Highway and Bridge Turn Backs & Funding 65 5-F “3C” Transportation Planning Process: Elected Officials’ Role 65 5-G Electronic Imaging for Enforcement of Traffic Laws 65 5-H Transportation Network Companies and Alternative Transportation Modes 66 5-I Airport Noise Mitigation 66 5-J Funding for Non-Municipal State Aid (MSAS) City Streets 67 5-K County State Aid Highway (CSAH) Distribution Formula 67 5-L Municipal Input/Consent for Trunk Highways and County Roads 67 5-M Plat Authority 68 5-N MnDOT Maintenance Budget 68 5-O Transit Taxing District 68 5-P Complete Streets 69 60 Table of Contents 2024 Legislative Policies Committee Rosters 70 Municipal Revenue & Taxation 70 Housing & Economic Development 71 Metropolitan Agencies 73 Transportation & General Government 74 Municipal Revenue & Taxation 2024 Legislative Policies 1-A State and Local Fiscal Relationship A functional state and local fiscal relationship must emphasize adequacy, equitability, sustainability and accountability for public resources and communication among the state, cities, and public. An effective partnership must also emphasize practices that strengthen collaboration and partnership between the state and local units of government. Services provided by cities are traditionally funded through a combination of property taxes, fees, and state aids. Increasingly, cities are bearing more costs for services that have historically been the responsibility of the state. Metro Cities supports a state and local fiscal partnership that emphasizes the following: •Strong financial stewardship and accountability for public resources that emphasizes efficiencies in service delivery and effective communication among the state, local units of government, and the public. •Reliable and adequate revenue sources including the property tax and local government aids, and dedicated funds to meet specific local needs. Metro Cities opposes diverting dedicated funds or local aids to balance state budgets. •Sufficient revenue sources available to cities that allow cities to address local needs and citizens to receive adequate services at relatively similar levels of taxation, and that maintain local, regional, and state economic vitality and competitiveness. •Full state funding to cover mandates enacted by the state, and flexibility for local governments in implementing state mandates to ensure local costs are minimized. •Adequate and timely notification regarding new legislative programs or modifications to existing programs or policies to allow cities time to plan for implementation and manage any effects on local budgeting processes. •Support for cooperative purchasing arrangements between the state and local units of government. Such arrangements must be structured to be able to address unexpected delays or other challenges in the procurement of goods, so that any disruptions to local government operations and services that may result from such delays are minimized. State officials should seek local feedback in the vetting of product vendors. 1 Municipal Revenue & Taxation 2024 Legislative Policies •The concept of performance measuring, but opposition to using state established measurements to determine the allocation of state aids to local governments or restrict the ability of local governments in establishing local budgets and levies. 1-B Revenue Diversification and Access Metro Cities supports a balanced and diversified revenue system that acknowledges diverse city characteristics, needs and capacities and allows for greater stability in revenues. The 2023 Legislature authorized several local taxes, and also established a temporary moratorium and task force that will examine local sales taxes as a revenue mechanism. Metro Cities continues to support the ability of a city to impose a local sales tax for public improvements and capital replacement costs using local processes specified by law but without the need for special legislation. Metro Cities supports changes to state laws governing local taxes to include the following: •A statutory clarification to allow a referendum to occur at any November election or special election. •A clarification of laws governing separate ballot questions for each proposed local project or allowing a city to combine projects into a single question, to avoid voter confusion. •A repeal of the prohibition on imposing a local sales tax for one year from the expiration of an existing local sales tax. •Changes to laws on the local sales tax process to allow a city flexibility to modify a ballot question to increase the amount of the collected tax and extend the duration of tax to cover unanticipated cost increases. The Legislature should recognize equity considerations involved with local sales taxes and continue to provide aids to cities that have high needs, overburdens and/or low fiscal capacity. Metro Cities supports a modification to laws governing local lodging taxes to allow cities to impose up to a five percent lodging tax, and the ability of cities to modify the uses of revenues to meet local needs. Metro Cities supports current laws providing for municipal franchise fee authority and opposes statutory changes such as reverse referendum requirements or other constraints that would reduce local authority and flexibility for establishing, amending, or renewing franchise fees and interfere with local public processes and goals for establishing such fees. 2 Municipal Revenue & Taxation 2024 Legislative Policies 1-C Restrictions on Local Government Budgets Metro Cities strongly opposes levy limits, reverse referenda, super majority requirements for levy and valuation freezes, or other restrictions on local government budgeting and taxing processes. Such restrictions undermine local budgeting and taxing processes, planned growth, and the relationship between locally elected officials and their residents by allowing the state to decide the appropriate level of local taxation and services, despite varying local conditions and circumstances. 1-D Budget and Financial Reporting Requirements State laws require cities to prepare and submit or publish numerous budget and financial reports. These requirements often create significant costs to cities, and some requirements result in duplication. Additional reporting requirements should have a clearly defined statement of public purpose and need that is not covered under existing requirements and should balance needs for additional information with the costs of compiling and submitting the information. Considering the number of existing reporting requirements, Metro Cities supports reducing the number of mandated reports. Metro Cities supports efforts to consolidate municipal government financial reporting requirements in the Office of the State Auditor, including an electronic submission alternative to any remaining paper filing requirements, and to authorize the use of web publication where newspaper publication is currently required. While Metro Cities recognizes that enacted statutory requirements to the local truth-in- taxation process enacted in 2022 are intended to enhance citizen involvement in budget processes, the new requirements are significant and will be administratively challenging to produce and disseminate. Existing requirements are expansive and were designed to maximize citizen engagement in budgeting processes. Metro Cities will continue to monitor the new law and its effects on local government processes and budgets. 1-E Local Government Aid (LGA) The state’s prosperity and vitality depend significantly upon the economic strength of the metropolitan region, and cities within the region play critical roles in fostering the economic development, job creation and business expansion that underpin the state’s economic health. Metro Cities supports the city Local Government Aid (LGA) program as a means of ensuring cities remain affordable places to live and work while meeting the public service needs of residents and businesses. Metro Cities supports updates to the LGA formula factors and an increase in the program appropriation consistent with recommendations by a work group of city associations. Recommended updates will ensure the LGA program adequately addresses city needs. 3 Municipal Revenue & Taxation 2024 Legislative Policies To ensure appropriation levels are adequate to meet program objectives, Metro Cities supports increasing the LGA appropriation to address cities’ unmet need as defined by the LGA formula as well as increases in the LGA appropriation to account for inflation. Metro Cities supported the appropriation increase and updates to the LGA program formula passed by the 2023 Legislature. Many metropolitan cities do not receive LGA. Future reviews of the LGA program should be conducted every five years or earlier and should consider the needs and capacities of cities not receiving aid under the existing LGA program and formula. Metro Cities supports formula-based allocations for increases to the LGA appropriation, and opposes freezes of the LGA appropriation, reductions of LGA for balancing state budget deficits, and diversions of the LGA appropriation to other purposes or entities. Metro Cities opposes artificial limits or reductions that single out specific cities, and further opposes using LGA as financial leverage to influence activities and policy decisions at the local level. 1-F State Property Tax Relief Programs Metro Cities supports state funded property tax relief programs paid directly to homestead property taxpayers such as the “circuit breaker” program and enhanced targeting for special circumstances. Metro Cities also supports the renter’s credit program. Metro Cities supports an analysis of property tax relief programs to determine their effectiveness and equity in providing property tax relief to individuals and families across the state. Metro Cities supports efforts by the Minnesota Department of Revenue to expand outreach and notification efforts about state property tax relief programs to homeowners, and notifications to local units of government to support such efforts. Metro Cities also supports legislative modifications to make tax relief payments to taxpayers automatic. Metro Cities supports the use of the Department of Revenue’s Voss database to link income and property values, and the consideration of income relative to property taxes paid in determining eligibility for state property tax relief programs. Updates to the database should occur in a timely manner, with data reviewed periodically to ensure the database’s accuracy and usefulness. 1-G Property Valuation Limits/Limited Market Value. Metro Cities opposes the use of artificial limits in valuing property at market for taxation purposes since such limitations shift tax burdens to other classes of property and create disparities between properties of equal value. 4 2024 Legislative Policies Municipal Revenue & Taxation 1-H Market Value Homestead Exclusion Program The Market Value Homestead Exclusion Program (MVHE) provides property tax relief to qualifying homesteads, through reductions in property tax values, which shifts property taxes within jurisdictions. The MVHE replaced a former Market Value Homestead Credit Program, which provided credits on local government tax bills to qualifying properties, with reimbursements provided by the state to local governments. Metro Cities opposes restoration of the former Market Value Homestead Credit, as reimbursements to local governments were inconsistent, and encourages further study of the exclusion program, with input by city officials, to determine the program’s overall efficacy and its effects on local tax bases. Due to the recent rapid increase in home values, Metro Cities supported 2023 modifications to the homestead market value exclusion program to increase the benefit of the exclusion to qualifying homeowners and will continue to support future periodic modifications for qualifying homeowners. Changes to the homestead market value exclusion should be considered in concert with the impact of the homestead credit refund program. 1-I Metropolitan Area Fiscal Disparities Program The Metropolitan Area Fiscal Disparities Program, enacted in 1971, was created for the purposes of: •providing a way for local governments to share in the resources generated by the growth of the metropolitan area without removing existing resources; •promoting orderly development of the region by reducing the impact of fiscal considerations on the location of business and infrastructure; •establishing incentives for all parts of the area to work for the growth of the area as a whole; •helping communities at various stages of development; and •encouraging protection of the environment by reducing the impact of fiscal considerations to ensure protection of parks, open space and wetlands. Metro Cities supports the Fiscal Disparities Program. Metro Cities opposes any diversion from the fiscal disparities pool to fund specific state, regional or local programs, goals or projects as such diversions contradict the purposes of the program. 5 Municipal Revenue & Taxation 2024 Legislative Policies Legislation that would modify or impact the fiscal disparities program should only be considered within a framework of comprehensive reform efforts of the state’s property tax, aids, and credits system. Any proposed legislation that would modify or impact the fiscal disparities program must be evaluated utilizing the criteria of fairness, equity, stability, transparency, and coherence in the treatment of cities and taxpayers across the metropolitan region and must continue to serve the program’s intended purposes. Metro Cities opposes legislation that would allow for capturing and pooling growth in residential tax capacity to fund specific programs or objectives. Further studies or task forces to consider modifications to the fiscal disparities program must include participation and input from metropolitan local government representatives. 1-J State Property Tax The state levies a property tax on commercial/industrial and cabin property. Since cities’ only source of general funds is the property tax, Metro Cities opposes extension of the state property tax to additional classes of property. Metro Cities opposes using the state property tax to fund specific programs or objectives generally funded through state income and sales tax revenue. To increase transparency, Metro Cities supports efforts to have the state provide information on the property tax statement regarding the state property tax. Metro Cities opposes exempting specific classes of property under the tax as such exemptions shift the costs of the tax onto other classes of property. 1-K Class Rate Tax System Metro Cities opposes elimination of the class rate tax system or applying future levy increases to market value since this further complicates the property tax system. 1-L Regional Facility Host Communities Municipalities hosting regional facilities such as utilities, landfills or aggregate mining incur costs and effects such as environmental damage or lost economic development opportunities. Communities should be compensated for the effects of facilities that provide benefits to the region and state. Metro Cities supports efforts to offset the negative effects of these facilities and activities on host communities. Metro Cities would prefer that municipalities be allowed to collect a host fee that may be adjusted when state decisions affect those fees. 6 Municipal Revenue & Taxation 2024 Legislative Policies 1-M Sales Tax on Local Government Purchases Metro Cities supported the 2013 reinstatement of the sales tax exemption for purchases of goods and services made by cities. This reinstatement does not apply to all local government purchases. To ensure citizens receive the full benefit of this exemption, the law should treat purchases of all local government units the same, including purchases made by special taxing districts, joint powers entities, or any other agency or instrumentality of local government. Metro Cities supports simplifying the process on the exemption for construction materials that is complex and cost ineffective or converting the process to a refund program. Metro Cities supported the law enacted in 2021 that exempts construction materials purchased to construct public safety facilities from state sales tax. Metro Cities supports granting an extension of the motor vehicle sales tax exemption to all municipal vehicles that are used for general city functions and are provided by governmental entities. Currently, only certain vehicles, including road maintenance vehicles purchased by townships, and municipal fire trucks and police vehicles not registered for use on public roads, are exempt from the MVST. 1-N City Revenue Stability and Fund Balance Metro Cities opposes state attempts to control or restrict city fund balances, or to use city fund balances as a rationale for reducing state aids or property tax payment delays. These funds are necessary to maintain fiscal viability, meet unexpected or emergency resource needs, purchase capital goods and infrastructure, provide adequate cash flow and maintain high level bond ratings. 1-O Public Employees’ Retirement Association (PERA) Metro Cities supports employees and cities sharing equally in the cost of necessary contribution increases and a sixty percent employer/forty percent employee split for the PERA Police and Fire Plan. Metro Cities also supports state assistance to local governments to cover contribution burdens placed on cities over and above contribution increases required by employees. Cities should receive sufficient notice of increases so that they may take them into account for budgeting purposes. Metro Cities opposes benefit improvements for active employees or retirees until the financial health of the PERA General Plan and PERA Police and Fire Plan are restored. Metro Cities supports modifications to help align PERA contributions and costs, and reduce the need for additional contribution increases, including a modification of PERA eligibility guidelines to account for temporary, seasonal, and part-time employment situations, the use of pro-rated service credit and a comprehensive review of exclusions to 7 Municipal Revenue & Taxation 2024 Legislative Policies simplify eligibility guidelines. Further employer contribution rate increases should be avoided until other cost alignment mechanisms are considered. Metro Cities supports cities and fire relief associations working together to determine the best application of State Fire Aid. Flexibility in the application of aid, where combination departments exist, will ensure that fire services can be provided in the most cost-effective means possible. Regarding police pension contributions, Metro Cities supports a proactive review of factors contributing to the financial status of police and fire pension plans, to ensure that structural adjustments are considered in conjunction with potential increases in employee and employer contribution rates. Specifically, an area that could be considered is contractual overtime impacts on pension levels. In recent years, the number of public safety employees seeking duty disability determinations through the Public Employees Retirement Association (PERA) and making workers’ compensation claims for line-of-duty injuries has accelerated. The current system for processing and addressing duty disability benefits can be incompatible with the goal of restoring good health and returning employees to work and the fiscal implications of the increasing number of claims are unsustainable for employers and, ultimately, taxpayers. Metro Cities supports efforts by the League of Minnesota Cities and cities to invest resources into mental and physical injury, education, prevention, and treatment, and to gather empirical evidence related to the treatability of mental health injuries and provide early treatment. Metro Cities further supports full state funding for the Public Safety Officer Benefit account that reimbursees employers for continued health insurance to police officers and firefighters injured in the line of duty, funding to reimburse local governments for providing paid time off to public safety employees who experience work related trauma and/or are seeking treatment for a mental injury, and funding for trauma training, early intervention, and mental health treatment. Metro Cities supports removing the sunset of the PERA aid that is paid to local units of government to help address increased employer contribution costs. 1-P State Program Revenue Sources Metro Cities opposes any attempt by the state to finance programs of statewide value and significance, that are traditionally funded with state revenues, with local revenue sources such as municipal utilities or property tax mechanisms. Statewide programs serve important state goals and objectives and should be financed through traditional state revenue sources such as the income or sales tax. Metro Cities further opposes substituting traditionally state funded programs with funding mechanisms that would disparately affect taxpayers in the metropolitan area. For these reasons, Metro Cities opposed the metropolitan sales tax for the purposes of funding housing, that was enacted in 2023. 8 Municipal Revenue & Taxation 2024 Legislative Policies 1-Q Post-Employment Benefits Metro Cities supported statutory changes that allow local governments to establish trusts from which to fund post-employment health and life insurance benefits for public employees, with participation by cities on a strictly voluntary basis, in recognition of differing local needs and circumstances. Cities should retain the ability to determine the level of post-employment benefits to employees. 1-R Health Care Insurance Programs Metro Cities supports legislative efforts to control health insurance costs but opposes actions that undermine local flexibility to manage rising insurance costs. Metro Cities encourages a full examination of the rising costs of health care and the impacts on city employers and employees. Metro Cities also supports a study of the fiscal impacts to both cities and retirees of pooling retirees separately from active employees. 1-S State Budget Stability Metro Cities strongly supports a state revenue system that provides for stability, flexibility, and adequacy in the system, reduces volatility in state revenues and improves the long- term balance of state revenues and expenditures. Metro Cities supports a statutory budget reserve minimum that is adequate to manage risks and fluctuations in the state’s tax system and a cash flow reserve account of sufficient size so that the state can avoid short- term borrowing to manage cash flow fluctuations. Metro Cities supports the principle of representative democracy, and strongly opposes including tax and expenditure limits in the state constitution, as well as new constitutional amendments, as these limit flexibility by the Legislature and local governments to respond to unanticipated critical needs, emergencies, or fluctuating economic situations. Metro Cities also supports an examination of the property tax system and the relationships between state and local tax bases, with an emphasis on state budget cuts and effects on property taxes. State budget deficits must be balanced with statewide sources and must not further reduce funding for property tax relief programs and aids to local governments that result in local governments bearing more responsibility for the costs of services that belong to the state. 1-T Taxation of Electronic Commerce Metro Cities supports efforts to develop a streamlined sales and use tax system to simplify sales and use tax collection and administration by retailers and states. Metro Cities supports policies that encourage remote retailers to collect and remit state sales taxes in states that are complying with the Streamlined Sales and Use Tax Agreement. 9 Municipal Revenue & Taxation 2024 Legislative Policies Metro Cities opposes legislation that allows accommodation intermediaries such as online travel companies a tax exemption that terminates obligations to pay hotel taxes to state and local governments, or otherwise restricts legal actions by states and localities. The Legislature in 2011 clarified that these services are subject to state sales tax. Metro Cities supports statutory changes to further clarify that all lodging taxes, whether administered by the state or locally, apply to total charges, including charges for services provided by accommodation intermediaries. 1-U Payments for Services to Tax Exempt Property Metro Cities supports city authority to collect payments from tax exempt property owners to cover costs of services to those entities, similar to statutory authority for special assessments. Metro Cities opposes legislation that would exempt nonprofit entities from paying user fees and service charges. 1-V Proceeds from Tax Forfeited Property Metro Cities supports changes to state laws governing the proceeds for tax forfeited properties. Currently, counties can recover administrative costs related to a property before other allocations are made, and the law allows for the county to recoup a percentage of assessment costs once administrative costs are allocated. The result is often no allocation or a very low allocation, and usually insufficient level of proceeds available for covering special assessments, unpaid taxes, and fees to cities. State processes addressing tax-forfeited properties can have implications for local land use plans and requirements and can result in unexpected and significant fiscal impacts on local communities. The current process also does not require the repayment of unpaid utility charges or building and development fees. Metro Cities supports statutory changes that balance repayment of unpaid taxes and assessments, utility charges and other fees and that more equitably allocates the distribution of proceeds between counties and cities. 1-W Deputy Registrars In 2019, state officials elected to replace the MNLARS system with the Vehicle Title and Registration System (VTRS), also known as MNDRIVE. A 2022 Independent Expert Review found that the MNDRIVE system has increased overall reliability and accuracy across the driver and vehicle services ecosystem, but that deputy registrars are still experiencing difficulties that threaten their continued viability. Specifically, the transition to MNDRIVE has meant that more work is being done at service point counters and more staff time is being spent with customers. At the same time, simpler transactions have moved online. 10 Municipal Revenue & Taxation 2024 Legislative Policies Some registrar offices have relied on other local revenues, such as the property tax, to manage normal expenses due to unresolved glitches in the system and a shift from the state to the local level for additional processing time. These challenges have also created a high potential for negative public perceptions on local government services, on an issue over which local governments have no ability to control. Metro Cities supports state funding to compensate local deputy registrars for unanticipated, increased costs associated with the MNDRIVE system, and the shifting of per-transaction processing burdens that may result from the implementation of MNDRIVE. As the state works to identify efficiencies in the vehicle registration process and system, policy makers must consider the effects of changes on the financial viability of deputy registrars resulting from decreases in transaction fees collected by local registrars. The perspectives from local deputy registrars should have increased weight in discussions regarding future MNDRIVE system enhancements. Metro Cities supports increases to existing transaction fee levels that are set by state law, to ensure that local deputy registrars can sufficiently function and meet continually evolving local registrar service needs and address any necessary modifications to registrar operations to ensure these services can be provided safely to the public. Metro Cities further supports sharing revenue from mail-in and online transactions between Driver and Vehicle Services (DVS) and deputy registrars. 1-X Special Assessments When property owners challenge special assessments based on application of the special benefit test, some courts have interpreted “benefits received” to mean the one-year increase in property value that is directly attributable to a construction project. There is currently no consistency between state laws and rulings by some courts on the term “benefits received”. Metro Cities supports modifications to state laws governing special assessments for construction projects or other improvements arising from legislative authority to clarify the definition of “benefits received”. The modified definition should more closely align with how special assessments are calculated and recognizes that the benefit of the improvement to a property may be realized over time and not within one year. 11 General Government 2024 Legislative Policies 2-A Mandates, Zoning & Local Authority To serve their local citizens and communities, city officials must have sufficient local control and decision-making authority. Metro Cities supports local decision-making authority and opposes statutory changes that erode local authority and decision making. Minn. Stat. § 462.357, subd. 1, provide cities authority to regulate and set local ordinances for zoning. Metro Cities supports existing state laws that provide for this authority. Metro Cities supports statutory changes that give local officials greater authority to approve or deny variances to allow flexibility in responding to the needs of the community. Metro Cities also supports the removal of statutory barriers to uniform zoning ordinance amendment processes for all cities, regardless of city size classification. Metro Cities opposes the imposition of legislative mandates that increase local costs without a corresponding state appropriation or funding mechanism. Unfunded mandates potentially increase property taxes and impede cities’ ability to fund traditional service needs. To allow for greater collaboration and flexibility in providing local services, Metro Cities encourages the removal of barriers to coordination between cities and other units of government or entities. 2-B City Enterprise Activities Creation of an enterprise operation allows a city to provide a desired service while maintaining financial and management control. The state should refrain from infringing on this ability to provide and manage services for the benefit of a local community and residents. Metro Cities supports cities having authority to establish city enterprise operations in response to community needs, local preferences, or state mandates, or that help ensure residents’ quality of life. 2-C Weapons on City Property Cities should be allowed to prohibit handguns and other weapons in city-owned buildings, facilities, and parks and to determine whether to allow permit-holders to bring guns into municipal buildings, liquor stores, city council chambers and city sponsored youth activities. It is not Metro Cities’ intention for cities to have the authority to prohibit legal weapons in parking lots, on city streets, city sidewalks or on locally approved hunting land. Metro Cities supports local control to prohibit or restrict the possession of dangerous weapons, ammunition, or explosives on local government-owned or leased buildings and land. 12 General Government 2024 Legislative Policies 2-D 911 Telephone Tax Public safety answering points (PSAPs) must be able to continue to rely on state 911 revenues to pay for upgrades and modifications to local 911 systems, maintenance and operational support, and dispatcher training. Metro Cities supports state funding for technology and training necessary to provide the number and location of wireless and voice over internet protocol (VoIP) calls to 911 on computer screens and transmit that data to police, fire and first responders. 2-E 800 MHz Radio System Metro Cities urges the Legislature to provide cities with the financial means to obtain required infrastructure and subscriber equipment (portable and mobile radios) as well as provide funding for operating costs, since the prime purpose of this system is to allow public safety agencies and other units of government the ability to communicate effectively. Metro Cities supports the work of the Metropolitan Emergency Services Board (previously the Metropolitan Radio Board) in implementing and maintaining the 800 MHz radio system so long as cities are not forced to modify their current systems or become a part of the 800 MHz Radio System unless they so choose. 2-F Building Codes Thousands of new housing units as well as commercial and industrial buildings are constructed annually in the metropolitan area. The State Building Code (SBC) sets statewide standards for the construction, reconstruction, alteration, and repair of buildings and other structures governed by the code. A building code provides many benefits, including uniformity of construction standards in the building industry, consistency in code interpretation and enforcement, and life- safety guidance. Metro Cities supports an equitable distribution of fees from the Construction Code Fund, with proportional distribution based on the area of enforcement where fees were received. Metro Cities further supports efforts by the state, cities, and builders to collectively identify appropriate uses for the fund, including education, analysis of new materials and construction techniques, building code updating, building inspector training, and development of performance standards and identification of construction “best practices.” Metro Cities supports including the International Green Construction Code as an optional appendix to the State Building Code to allow cities to utilize appropriate parts of those guidelines in their communities. Metro Cities also supports adopting the international 13 General Government 2024 Legislative Policies energy conservation code to the state building code without amendments. Metro Cities does not support legislative solutions that fail to recognize the interrelationships among builders, state building codes and cities. Metro Cities supports efforts to increase awareness of the potential impacts and benefits of requiring sprinklers in new homes and townhouses. Metro Cities supports discussion and the dissemination of information on these impacts via the code adoption process through the Department of Labor and Industry. Metro Cities supports adopting and amending the State Building Code through the rulemaking process and opposes legislative changes to building codes absent unusual or extraordinary circumstances. As energy costs continue to rise, more attention must be paid to the poor energy efficiency of much of the existing housing stock as well as commercial and industrial buildings. Homes and other buildings that are energy inefficient are more costly to maintain and create added cost to ownership and occupancy. Making homes and buildings more energy efficient will make them more affordable to operate and will help the state achieve energy demand goals and will reduce greenhouse gas emissions. This includes supporting legislation to increase the efficiency of buildings on a pathway toward net zero energy. Metro Cities supports state funding and technical support for programs that provide support for property owners for weatherization and energy efficiency improvements, including programs available for local governments. While a single set of coordinated codes helps provide consistency in code administration and enforcement, implementation of sustainable building design, construction, and operation does not readily integrate with the existing state building and energy code system. As a result, many cities are interested in adopting stronger local standards for sustainable development and conservation. Metro Cities supports authorizing cities to employ stronger local standards for sustainable development and conservation that will help inform the state code development process. The state should include an optional sustainable appendix to the State Building Code to allow cities to utilize appropriate parts of guidelines in their communities. Metro Cities also supports the state adopting an advanced energy building standard for buildings within the State Building Code and allowing cities to adopt their own enhanced standards. 2-G Administrative Fines Administrative fines can be used to moderate local costs associated with traditional methods of citation, enforcement, and prosecution. Metro Cities supports the administrative fine authority that allows cities to issue administrative fines for defined local traffic offenses and supports further modifications to enhance functionality of this authority. Metro Cities continues to support cities’ authority to use administrative fines for regulatory ordinances 14 General Government 2024 Legislative Policies such as building codes, zoning codes, health codes, and public safety and nuisance ordinances. Metro Cities supports the use of city administrative fines, at a minimum, for regulatory matters that are not duplicative of misdemeanor or higher-level state traffic and criminal offenses. Metro Cities also endorses a fair hearing process before a disinterested third party. 2-H Residential Programs Sufficient funding and oversight is needed to ensure that residents living in residential programs have appropriate care and supervision and that neighborhoods are not disproportionately impacted by high concentrations of residential programs. Historically, federal and state laws have discouraged the concentration of residential group homes so as not to promote areas that reinforce institutional quality settings. Under current law, operators of certain residential programs are not required to notify cities when they intend to purchase single-family housing for this purpose. Cities do not have the authority to regulate the locations of residential programs. Cities have reasonable concerns about high concentrations of these facilities in residential neighborhoods, and additional traffic and service deliveries surrounding these facilities when they are grouped closely together. Municipalities recognize and support the services residential programs provide. However, cities also have an interest in preserving balance between residential programs and other uses in residential neighborhoods. Providers applying to operate residential programs should be required to notify the city when applying for licensure to be informed of local ordinance requirements as a part of the application process. Licensing agencies should be required to notify the city of properties receiving licensure to be operated as residential programs. Metro Cities supports changes to Minn. Stat. § 245A.11, subd. 4, to allow for appropriate non-concentration standards for all types of cities to prevent clustering. Metro Cities supports statutory modifications to require licensed agencies and licensed providers that operate residential programs to notify the city of properties being operated as residential programs. Metro Cities also supports the establishment of appropriate non-concentration standards for residential programs, to prevent clustering, and supports enforcement of these rules by the appropriate county agencies. 2-I Annexation Attempts have been made in recent years to reduce tensions between cities and townships in annexations. A Municipal Boundary Adjustment Task Force worked to develop recommendations regarding best practices annexation training for city and township officials to better communicate and jointly plan potential annexations. While the task force defined differences between cities and townships, no significant advancements were made in creating best practices. 15 General Government 2024 Legislative Policies Metro Cities supports continued legislative efforts to develop recommendations regarding best practices and annexation training for city and township officials to better communicate and plan for potential annexations. Further, Metro Cities supports substantive changes to the state's annexation laws that will lead to better land use planning, energy conservation, greater environmental protection, fairer tax bases, clarification of fee reimbursement and fewer conflicts between townships and cities. Metro Cities also supports technical annexation changes that are agreed to by cities and townships. 2-J Statewide Funding Sources for Local Issues with Regional Impact Many issues including, but not limited to, a metropolitan area groundwater monitoring network, emerald ash borer management, perfluoroalkyl and polyfluoroalkyl substances (PFAS/PFOS), and the cleanup of storm-water retention ponds, come with significant local costs, and have effects that reach beyond municipal boundaries. Metro Cities supports the availability of statewide funding sources to address local issues that have regional or statewide significance or are caused by state or regional actions. Metro Cities opposes any requirement to enact ordinances more restrictive than state law in exchange for access to these funds. 2-K Urban Forest Management Funding Urban forests are an essential local infrastructure component. Dutch elm disease, oak wilt disease, drought, storms, and emerald ash borer threaten public investments in trees and controlling these issues can be greatly consequential for city budgets. The Minnesota Department of Natural Resources, through its Urban and Community Forestry program, and the Minnesota Department of Agriculture, through its Shade Tree and Invasive Species program, have regulatory authority to direct tree sanitation and control programs. Although these programs allow for addressing some tree disease, pest, and other problems, funding has been inadequate to meet the need of cities to build capacity for tree programs and respond to catastrophic problems. Cities share the goal of the state’s ReLeaf Program – promoting and funding the inventory, planning, planting, maintenance, and improvement of trees in cities throughout the state. In addition, economic and environmental gains for storm water management, climate change mitigation, air quality management, tourism, recreation, and other benefits must be protected from tree loss. A lack of timely investment in urban forests costs cities significantly more in the long run. Metro Cities supports continued funding for state programs to assist cities with building and increasing capacity for urban forest management, meeting the costs of preparing for, and responding to, catastrophic urban forest problems and preventing further loss and increasing canopy coverage. Specifically, direct grants to cities are desperately needed for the 16 General Government 2024 Legislative Policies identification, removal, replacement, and treatment of trees related to management of emerald ash borer (EAB). 2-L Pollinator Habitat Resources Recent declines in the abundance of pollinator insects, such as bees and butterflies, have been identified by the United Nations Food and Agriculture Organization as a threat to food security, as these insects are an important method of plant pollination. According to the US Fish and Wildlife Service, the main threats facing pollinators are habitat loss, degradation and fragmentation. Pollinators lose food and nesting sites they need to survive when native vegetation is replaced by roadways, manicured lawns, crops and non-native gardens. This can have added detriment to pollinators that migrate. Research has shown that providing these insects with more habitat can create the conditions for these insect populations to recover. Converting traditional grass lawns has been identified as way to increase pollinator habitat. The Minnesota Legislature created the Lawns to Legumes program, which provides grants to private homeowners to convert traditional lawns to pollinator friendly landscape. The program also funds demonstration neighborhoods, which are pollinator programs run by local governments and nonprofit organizations. Metro Cities supports state funding to programs such as Lawns to Legumes that create pollinator habitat on both public and private lands. 2-M Regulation of Harmful Substances and Products In metropolitan regions where most cities share boundaries with other cities, local bans of harmful drugs and substances such as synthetic drugs, which have been found to be dangerous, do not eliminate access to these products unless all cities take the same regulatory action. Metro Cities supports statewide regulation and prohibition of products or substances in circumstances where there is evidence that products present a danger to anyone who uses them, where there is broad local support for a ban and where corresponding regulatory issues have regional or statewide significance. In addition, the Legislature should provide for the regulation of products that are known to damage water quality, sewer collection, and storm and wastewater treatment systems, not just at the treatment and infrastructure maintenance levels, but at the consumer and manufacturing levels, through accurate labeling of products, public education, and recycling and re-use programs. 2-N Private Well Drilling Restriction Authority Cities are authorized to enact ordinances that disallow the placement of private wells within city limits to ensure both water safety and availability for residents and businesses. This authority is 17 General Government 2024 Legislative Policies important for the appropriate management of local water supply conservation efforts. Municipal water systems are financially dependent upon users to operate and maintain the system. A loss of significant rate payers resulting from unregulated private well drilling would economically destabilize water systems and could lead to contamination of the water supply. Metro Cities supports current law authorizing cities to regulate and prohibit the placement of private wells within municipal utility service boundaries and opposes any attempt to remove or alter that authority. Metro Cities supports funding that can be used to cap private wells. 2-O Organized Waste Collection Cities over 1,000 in population are required by law to ensure all residents have solid waste collection available to them. A city can meet the statutory requirement by licensing haulers to operate in an open collection system, authorize city employees to collect waste, or implement organized collection through one or multiple haulers to increase efficiency, reduce truck traffic and control costs to residents. Metro Cities supports current laws that allow cities to work with existing haulers to achieve the benefits of organized collection or investigate the merits of organized collection without the pressure of a rigid timeline and requirement to pass ‘an intent to organize’ at the beginning of the discussion process. Metro Cities opposes any legislation that would further increase the cost or further complicate the process cities are required to follow to organize waste collection or prohibit cities from implementing, expanding or using organized waste collection. Metro Cities supports state funding to local governments to increase the availability of material and organic recycling. 2-P Election Administration Cities play a critical role in managing and ensuring the integrity of elections. Any changes made to election laws should not place undue financial or administrative burdens on local governments. Metro Cities supports reimbursement by the state to local units of government for any costs associated with changes to election laws. State laws that allow the filling of municipal vacancies by special election on one of four days specified in law, can create logistical and financial challenges for municipalities. Metro Cities supports changes to state laws that allow sufficient flexibility for municipalities in addressing vacancies in municipal offices. Metro Cities supports laws to increase efficiencies in administering absentee ballots and early voting, to reduce the potential for errors, and to improve absentee balloting and early voting processes. Metro Cities further supports: 18 General Government 2024 Legislative Policies •Laws allowing in-person absentee voters to place their ballots in a secure tabulator,and statutory changes to allow this for the duration of absentee voting. •Establishing an earlier deadline for ending in-person absentee voting. •Revising absentee ballot regulations to allow any person 18 and older to witness theabsentee process and sign the envelope as a witness. •Authorizing cities with health care facilities to schedule election judges to conductabsentee voting at an earlier date in health care facilities. •Additional funding and flexibility for cities that administer absentee balloting and early voting given the extended early voting period and required hours of operationduring evenings and weekends. 2-Q Utility Franchise Fees, Accountability and Cost Transparency Minnesota cities are authorized by Minn. Stat. 216B and Minn. Stat. § 301B.01 to require a public utility (gas or electric) that provides services to the city or occupies the public right of way within a city to obtain a franchise. Several metro area cities have entered agreements that require the utility to pay a fee to help offset costs of maintaining the right of way. Cities are also adopting energy policies that use renewable energy resources to light or heat public facilities. Policies and programs have also been instituted in cooperation with the public utility franchisee to increase energy efficiency for all users. Cities also contract, at city expense, with public utilities to “underground” wires. State laws also require energy companies to provide more electric energy from renewable sources. The specific amounts vary by type of utility. Metro Cities supports state policies adopted by legislation or through rules of the Public Utility Commission that provide cities with the authority to include city energy policies and priorities in a franchise or similar agreement with a franchisee. Metro Cities supports greater accountability and transparency for city paid costs associated with underground utility and similar work performed by electric utilities as part of a local project. 2-R Water Supply Municipal water suppliers are charged with meeting the water supply needs of their communities and work to do so with safe, reliable, and cost-effective systems that are sustainable both for established cities and for all future growth. The aquifers in the metropolitan area cross municipal boundaries and therefore require a coordinated regional approach to planning for their future availability. Currently, approximately 19 General Government 2024 Legislative Policies 75% of municipal water supply in the metropolitan area comes from groundwater. With proper management of the resource, the current water supply in the region is adequate; however, Metropolitan Council projections predict localized declines in aquifer availability due to population growth estimates if current usage levels are maintained. Regulation of water is complex and compartmentalized. Various agencies permit its use, plan for its availability, regulate stormwater, treat wastewater and protect the safety of water. To ensure that water supply remains adequate and sustainable across the region, we must understand how much water can be sustainably drawn from the aquifers and what effect increases in re-use, conservation and recharge can have on the sustainability and availability of both groundwater and surface water. Many of these strategies cross agency jurisdictions and will require improved coordination and cooperation. Municipal water suppliers have made significant infrastructure investments in their systems based on calculated water availability and DNR permits. Proposals to reduce the reliance on groundwater by switching municipal water systems from groundwater to surface water supplies will come with significant costs that could place excessive burdens on local resources. The outcomes and benefits of re-balancing the mix of groundwater and surface water use for specific municipalities and the region must be identifiable before any projects are undertaken. The sustainability of our water supply is an issue of regional and statewide significance and the expense of any necessary projects that benefit the region should not fall on individual cities. Any attempts to address water supply sustainability must also take into account all water users, including municipal water suppliers, industry, private wells, agriculture and contamination containment. The metropolitan region must consider the effects of groundwater use beyond the borders of the metropolitan area on the region’s groundwater availability and the cost of treating contaminants in surface water that comes into the metropolitan area for use. Metro Cities supports the removal of barriers to wastewater and storm water re-use, improved inter-agency coordination, clarifying the appropriate roles of local, regional and state governments with respect to water, streamlining and consolidating permit approval processes and the availability of statewide resources to plan for and ensure the future sustainability of water supply in the metropolitan area. Metro Cities also encourages the Metropolitan Council, in consultation with municipalities, to find ways to re-use wastewater and to develop other strategies to improve conservation. Metro Cities supports state funding for costs associated with converting water supply from groundwater to surface water and funds to encourage and promote water conservation as a strategy to improve water sustainability and to improve and protect water quality. 20 General Government 2024 Legislative Policies 2-S Regulation of Massage Therapists In the absence of statewide regulation for massage therapy practitioners, many cities have enacted local ordinances that require massage therapists to obtain a local professional license to assist law enforcement in differentiating between legitimate providers and illegitimate businesses fronting as massage therapy establishments. Metro Cities supports statewide registration or licensure of massage therapists to aid local law enforcement efforts in this area. Metro Cities supports cities’ ability to continue to license massage therapy businesses. 2-T Peace Officer Arbitration Reform Many municipalities in the metropolitan area provide law enforcement services and employ licensed peace officers. To ensure the public’s safety and trust, and to strengthen collaboration between citizens and peace officers, cities must have the authority to effectively govern local law enforcement agencies. City officials are ultimately responsible for the safety and protection of the local community. Metro Cities supports statutory arbitration reforms to allow for the discipline, including removal, of law enforcement officers who have been found to have violated local law enforcement agency policies. Metro Cities further supports a reasonable standard of review in law enforcement arbitration cases, which would limit the determination of arbitrators to whether the actions of an employer were reasonable and consistent with city and agency policies. Metro Cities further supports using administrative law judges (ALJs) or arbitration to address grievances and discipline related to police misconduct. 2-U Public Safety Training and Resources Metro Cities acknowledges that the tasks public safety responders have been asked to address are increasingly the result of inadequate social services and programs. Metro Cities recognizes the need for adequate resources for social service and mental health services and programs to help reduce the need for public safety responders to perform these services. Metro Cities supports ongoing state funding for public safety responders training, including training for crisis management, cultural awareness and implicit bias, mental health and de-escalation, and supports ongoing funding for equipment such as body cameras. Metro Cities supports ongoing state funding for public safety innovation at the local level. This could include funding for imbedded social workers or mental health crisis response. 21 General Government 2024 Legislative Policies Metro Cities supports resources for the MN Department of Public Safety to acquire and store with a third-party vendor anti-scale fencing, pedestrian doors, and vehicle gates for local government facilities to improve equitable access to these de-escalation and safety tools. 2-V Race Equity In the seven-county metropolitan region, people of color represent 28% of the population, and this percentage is expected to grow to 44% by 2050, according to the current population forecast from the Metropolitan Council. As racial and ethnic diversity increases in the region, people of color continue to experience significant barriers in housing, employment, criminal justice, public infrastructure, health, and education, and disparities are becoming more apparent. Across the metropolitan region, many cities are working to examine local policies and systems, to revise the delivery of public services, and to allocate resources to help advance race equity. All levels of government as well as the nonprofit and business sectors have roles to play in addressing race inequities and must work collaboratively to ensure that services and resources are considered, designed and implemented in a comprehensive, purposeful, informed and inclusive way to achieve race equity. Metro Cities supports: •An examination and revision of existing state, regional, county and city laws, ordinances and policies to address racial disparities. •State, regional, county and city resources to assist with comprehensive data collection, disaggregation and sharing to ensure informed policy and funding decisions at all levels of government. •Funding to assist in the development of tools and resources that advance racially equitable outcomes. •Activating partnerships among state, regional, and local governmental institutions and other entities to advance race equity. 2-W Street Racing Street racing is an issue of increasing concern for cities across the metropolitan region. This activity is highly mobile, is strongly associated with other illegal activity and poses significant public safety risks for participants, third-party observers, and the general public. Metro Cities supports modifications to state laws to prohibit street racing and activities associated with promoting and undertaking the activity of street racing. Specifically, Metro 22 General Government 2024 Legislative Policies Cities supports statutory changes that address the activity and associated risks posed by street racing, sliding, and drifting. These could include penalties such as license suspension, minimum impoundment periods, and vehicle forfeiture. Metro Cities supports state funding to help prevent and respond to street racing activity. This could include funding for State Patrol air supports and funding for costs, including overtime, associated with targeted law enforcement saturations and Toward Zero Deaths initiatives. Metro Cities also supports state resources to increase the Bureau of Criminal Apprehension’s intelligence gathering capabilities and to enhance existing coordination efforts among law enforcement agencies. Metro Cities further recognizes the importance and value of diversion programs that emphasize behavior modifications, which can help curb illegal activity and minimize recidivism. 2-X Carjacking The crime of carjacking has increased significantly in the metropolitan region, with serious consequences for individual and community public safety. Metro Cities supports the consideration by the Legislature of statutory changes to address the severity of this crime. This includes state funding to help state and local law enforcement agencies prevent and respond to carjacking. This could include funding for State Patrol air supports and for costs, including overtime, associated with targeted law enforcement saturations. Metro Cities also supports state resources to increase the Bureau of Criminal Apprehension’s intelligence gathering capabilities and to enhance existing coordination efforts among law enforcement agencies. Metro Cities further recognizes the importance and value of diversion programs that emphasize behavior modifications, which can help curb illegal activity and minimize recidivism. Metro Cities supports consumer protection efforts that require motor vehicle manufacturers to offer antitheft protection devices on certain vehicles that have been shown to be especially susceptible to theft. 2-NEW Adult-Use Cannabis The Minnesota Legislature legalized adult-use cannabis in 2023. The law establishes the Office of Cannabis Management, which will be responsible for licensing cannabis businesses and regulating the industry. The law includes a local registration process for cannabis business license holders where local governments are authorized to charge a registration and renewal fee. Responsible local governments are required to conduct compliance checks at cannabis businesses. Cities are authorized to establish, own, and operate a municipal cannabis store. The 23 General Government 2024 Legislative Policies law also includes an optional, population-based limit on the number of retail locations in each city or county. It is vital that local governments retain the ability to suspend retail registrations for businesses that pose an immediate threat to public health or safety. The law permits local units of government to establish reasonable restrictions on the time, place, and manner of cannabis business operations and includes a zoning compliance requirement for businesses where a local jurisdiction certifies that a business’ plans are appropriate and in line with local requirements. The law establishes a Local Cannabis Aid Account to provide aid to cities and counties. The account will receive 20% of the of the revenue from the 10% gross receipts tax on cannabis products. Half of the local cannabis aid will go to counties and half will be distributed to cities based on the number of businesses located in each city. Metro Cities opposes any efforts to reduce cities’ local control and zoning authority related to cannabis. Metro Cities supports legislation providing cities the ability to prohibit cannabis businesses within their jurisdiction. Metro Cities expects the Office of Cannabis Management to work closely with cities as this legislation is fully implemented. This includes working with local governments to create model ordinances and providing technical assistance on cannabis-related issues. Metro Cities supports the ongoing evaluation of costs associated with the legalization of adult-use cannabis. Funding should be made available to cities without cannabis businesses if such studies show that those communities face additional budgetary pressures because of cannabis legalization. Metro Cities supports the distribution of tax revenue from adult-use cannabis sales to cities based on the number of products sold and not the number of stores located in each municipality. 2-NEW Emergency Medical Services The Emergency Medical Services Regulatory Board (EMSRB) is the state regulatory entity that oversees and issues ambulance licenses and also has authority to designate exclusive emergency medical services (EMS) operating areas, or primary service areas (PSAs), for ambulance providers. Once a provider has been approved to operate in a PSA, the provider is authorized to serve the area for an indefinite period of time. Currently, no other state health licensing board grants providers an exclusive operating area. Health licensing boards play a critical role in setting professional standards and credentialing processes. However, the EMSRB has not imposed operational standards to ensure an area has adequate coverage and service levels such as response time requirements. Nor is there state oversight of ambulance billing rates. The current system does not require ambulance services to disclose the number of ambulances staffed, where an ambulance is responding from or any other important data points that would ensure a community is receiving quality ambulance services. 24 General Government 2024 Legislative Policies The lack of transparency within Minnesota’s ambulance industry compromises accountability by EMS providers. Metro Cities supports allowing local units of government to designate which licensed ambulance service provider(s) serve their community and to determine the appropriate level of service. Metro Cities further supports additional tools and local authority that ensure transparency by EMS providers. Metro Cities supports decoupling the professional standards overview role from the service area determination. Metro Cities additionally supports regional balance in the membership of the EMSRB and a requirement that includes representatives of municipal ambulance services on the EMSRB. The EMSRB should be required to submit biennial reports on EMS service delivery data points for all local governments, to appropriate legislative committees. 2-NEW Copper and Other Metal Theft Wire theft from streetlights, other public infrastructure, and private property negatively impacts communities, by reducing public safety for all transportation modes. These thefts also cost cities hundreds of thousands of dollars each year to replace and repair damaged streetlights. Metro Cities supports efforts to curtail the theft of copper wires from public infrastructure and private property. Metro Cities supports statutory changes that would require appropriate controls on the purchase and sale of scrap copper and other metals. 2-NEW Open Meeting Law Public meetings in the State of Minnesota, including city council meetings and local boards and commissions, must be conducted in accordance with the Open Meeting Law under Minnesota Statute 13D. In response to the COVID-19 pandemic, cities successfully pivoted to working remotely while maintaining and even increasing transparency and accessibility. Metro Cities supports amending the Open Meeting Law to allow city councilmembers and city board and/or commission members the ability to participate remotely in up to fifty percent of scheduled meetings each year without making their location open and accessible to the public as otherwise required under Minn. Stat. § 13D.02, subd. 1. Metro Cities also supports amending the Open Meeting Law to the remove the three-times-per-year cap for medical and military exceptions. 25 General Government 2024 Legislative Policies 2-NEW School Resource Officers In 2023, the Legislature included provisions in the omnibus education bill to limit the use of force toward students by school resource officers (SROs). The law has generated conflicting legal interpretations and created ambiguity for SROs on when use of certain restraints is authorized in school settings, and whether SROs retain the authority to use reasonable force, as provided by Minnesota Statutes 609.06. Due to these ambiguities and potential civil and criminal liability risks, some local law enforcement agencies suspended or terminated SRO contracts with school districts. Although two opinions released by the Attorney General make the law clearer, it is possible that these opinions could be challenged, and result in legal consequences for SROs and their employers. Metro Cities supports the Legislature and Governor working with stakeholders, including law enforcement, local government, and education organizations, to clarify laws pertaining to the authority SROs have in schools. 26 Housing & Economic Development 2024 Legislative Policies 3-A to 3-J: Introduction While the provision of housing is predominantly a private sector, market-driven activity, all levels of government – federal, state, regional and local – have a role in facilitating the production and preservation of affordable housing in Minnesota. Adequate affordable housing is a significant concern for the metropolitan region and effective approaches require participation from all levels of government, the private sector, and nonprofit groups. 3-A City Role in Housing Cities in Minnesota are responsible for most ground-level housing policy, including land use planning, code enforcement, rental licensing, and often the packaging of multi-level financial incentives. Cities are responsible for ensuring local health and safety and the structural soundness and livability of the local housing stock through building permits and inspections. Cities are charged with providing public infrastructure to serve current and future residents and must assess the effects of a new development on parks, local roads, water, sanitary sewer, and stormwater capacities to ensure that additional needs for infrastructure are assumed by the new development and not current taxpayers. It is the city that assumes the future financial responsibility, management, and maintenance for improvements and infrastructure after a developer has completed a project. It is also the responsibility of cities to periodically review local requirements such as land use regulations and ordinances, and make long range plans consistent with state statute, to ensure that they are consistent with these purposes. While local government financial resources constitute a relatively small portion of the total costs of providing housing, many cities take on a significant administrative burden by providing financial incentives and regulatory relief, participating in state and regional housing programs, and supporting either local or countywide housing and redevelopment authorities and community development agencies. When a developer seeks to advance a development proposal that does not meet straight housing and mixed-use zoning codes and requirements, the developer may request a planned unit development (PUD) agreement with a city. PUDs, where appropriate, can provide zoning flexibility to develop a site that is otherwise not permitted by a city code. The use of PUDs may allow for more variety and creativity in land uses, increased density on a site, internal transfers of density, construction phasing, reduced setbacks, and a potential for lower development costs. In the interest of adhering to local long-range plans and managing local health, safety, viability, and welfare needs, a city may request certain public benefits from a developer, including but not limited to additional open space, preservation of wooded land and environmentally sensitive areas, landscaping along major roadways, providing a mix of housing types, and enhanced design and landscaping features. Cities may also provide a developer with credit for investments 27 Housing & Economic Development 2024 Legislative Policies in public infrastructure greater than would be minimally required, including water, sanitary sewer, stormwater, or road infrastructure. Metro Cities strongly opposes any effort to reduce, alter or interfere with cities’ authority to carry out these functions in a locally determined manner. Metro Cities supports exceptions to the land use timelines in Minn. Stat. § 15.99 in the event of extenuating local and state circumstances. Metro Cities supports local authority determination when exercising the use of exceptions, recognizing projects may be in different stages of approval. If a state of emergency limits the ability of city staff to complete a land use review, it should not result in de facto approval of an application. 3-B City Role in Affordable and Life Cycle Housing Metro Cities supports housing that is affordable and appropriate for people at all stages of life. A variety of housing opportunities are important to the economic and social well-being of local communities and the metropolitan region. The region faces challenges in meeting the existing and future housing needs of low and moderate-income residents. Existing housing stock is aging, with over half older than 40 years old, according to the U.S. Census Bureau. Older housing stock can be more affordable; however, it requires investments to remain viable. Private investors have purchased subsidized and unsubsidized rental units, made improvements, and charged higher rents that have made access to previously affordable units prohibitive for low and moderate-income residents. This investor ownership has converted owner-occupied houses to rental houses, which has impacted the ability of lower-income renters to become homeowners and build wealth. Neighbors and cities have seen a lack of investment in these rental homes that has led to the deterioration of the housing stock. The Metropolitan Council has projected the region will add nearly 60,845 households earning up to 50 percent area median income between 2020 and 2030 that will need affordable housing. Senior households bring the number of low-income households up significantly, with the number of age 65+ households growing by 51,691 during that time-period. Cities should work with the private and nonprofit sectors, counties, state agencies and the Metropolitan Council to ensure the best use of new and existing tools and resources to produce new housing and preserve existing affordable housing. Cities can facilitate the production and preservation of affordable and life cycle housing by: •Applying for funding from available grant and loan programs; •Using city and county funds to support affordable housing. This can include creating a local or regional housing trust fund to support affordable housing; •Providing information, encouraging and incentivizing participation in the Section 8 Housing Choice Voucher program to landlords; 28 Housing & Economic Development 2024 Legislative Policies •Working with developers and residents to blend affordable housing into new and existing neighborhoods, including locations with access to amenities and services; •Working with the state and Metropolitan Council to recognize the relationship between housing and mobility options, including transit and pedestrian routes; •Periodically examining local requirements, policies and review processes to determine their impacts on the construction of affordable housing; •Considering criteria under which a city may change its fee structure in support of additional affordable housing; •Supporting housing options that meet a city’s current and future demographics, including family size, age, mobility, and ability levels; •Supporting housing design that is flexible, accessible and usable for residents with varied abilities at multiple stages of life; •Supporting housing with supportive services for people with disabilities; •Employing innovative strategies to advance affordable housing needs such as public- private partnerships or creative packaging of regulatory relief and incentives; •Using available regulatory mechanisms to shape housing communities; •Recognizing the inventory of subsidized and unsubsidized (naturally occurring) affordable housing, and working collaboratively with buyers and sellers of naturally occurring affordable housing to retain affordability; •Tracking the impacts on the housing market of investor-owned homes and enacting local strategies and policies that support home purchases by owners who reside in the homes; •Supporting policy solutions that provide cities with tools to mitigate any negative impacts on city housing stock and prospective homebuyers due to investor-owned purchasing of homes. 3-C Inclusionary Housing While Metro Cities believes there are cost savings to be achieved through regulatory reform, density bonuses as determined by local communities, and fee waivers, Metro Cities does not believe a mandatory inclusionary housing approach can achieve desired levels of affordability solely through these steps. Several cities have established local inclusionary housing policies, in some cases requiring the creation of affordable units if the housing development uses public 29 Housing & Economic Development 2024 Legislative Policies financial assistance or connecting the policy to zoning and land use changes. The Metropolitan Council, in distributing the regional allocation of housing need, must recognize both the opportunities and financial limitations of cities. The Council should partner with cities to facilitate the creation of affordable housing through direct financial assistance and/or advocating for additional resources through the Minnesota Housing Finance Agency. Metro Cities supports the location of affordable housing in residential and mixed-use neighborhoods throughout a city. Metro Cities supports a city’s authority to enact its own inclusionary housing policy. However, Metro Cities does not support passage of a mandatory inclusionary housing state law imposed on local governments that would require a certain percentage of units in all new housing developments to be affordable to households at specific income levels. 3-D Metropolitan Council Role in Housing The Metropolitan Council is statutorily required to assist cities with meeting the provisions of the Land Use Planning Act (LUPA) under Minn. Stat. § 473. The LUPA requires cities to adopt sufficient standards, plans and programs to meet their local share of the region’s overall projected need for low and moderate-income housing. The Council’s responsibilities include the preparation and adoption of guidelines and procedures to assist local government units with accomplishing the requirements of the LUPA. The Metropolitan Council also offers programs and initiatives to create affordable housing opportunities, including the Livable Communities Act programs and operation of a metropolitan housing and redevelopment authority. Unlike parks, transit and wastewater, housing is not a statutory regional system. The Metropolitan Council’s role, responsibilities and authority are more limited in scope, centered on assisting local governments by identifying the allocation of need for affordable housing, projecting regional growth and identifying available tools, resources, technical assistance and methods that cities can use to create and promote affordable housing opportunities in their communities. The Metropolitan Council should work in partnership with local governments to ensure that the range of housing needs for people at various life cycles and incomes can be met. Metro Cities opposes the elevation of housing to “Regional System” status. Metro Cities supports removing the Metropolitan Council’s review and comment authority connected to housing revenue bonds under Minn. Stat. § 462C.04. In 2014, the Metropolitan Council released its first housing policy plan in nearly thirty years. A Metropolitan Council housing policy plan should include defined local, regional, and state roles for the provision of housing in all sectors, identify the availability of and need for tools and resources for affordable and life-cycle housing, be explicit in supporting partnerships for the advocacy for state and federal resources for housing, and encompass policies, best practices, and 30 Housing & Economic Development 2024 Legislative Policies technical guidance for all types of housing. A plan should also recognize the diversity in local needs, characteristics, and resources. Metro Cities supports strategies such as regional and sub-regional cooperation and the sharing of best practices among local governments and other entities and partners to address the region’s affordable housing needs. A policy plan should allow for ongoing research and analysis by the Metropolitan Council to provide communities with timely and updated information on regional and local housing needs and market trends as regional and local needs change and evolve. Metro Cities supports the solicitation and use of local data, inputs and analyses and local governments’ review of such data. Metro Cities supports continued city representation in any updated or new regional housing policy plan and other regional housing policy considerations. 3-E Allocation of Affordable Housing Need The affordable housing need allocation methodology determines the number of needed affordable housing units for the metropolitan region and distributes the need by assigning each city its fair share through an affordable housing need number. Minn. Stat. § 473.859 requires cities to guide sufficient land to accommodate local shares of the region’s affordable housing need. Metro Cities supports additional Metropolitan Council resources to assist cities in meeting cities’ share of the region’s affordable housing needs. Metro Cities supports the creation of a variety of housing opportunities. However, the provision of affordable and lifecycle housing is a shared responsibility between the private sector and government at all levels, including the federal government, state government and Metropolitan Council. Land economics, construction costs, labor costs, and infrastructure needs create barriers to the creation of affordable housing that cities cannot overcome without assistance. Therefore, Metro Cities supports a Metropolitan Council affordable housing policy and allocation of need methodology that recognizes the following tenets: •Regional housing policies characterize individual city and sub-regional housing numbers as a range of needs in the community; •Cities need significant financial assistance from the federal and state government, as well as the Metropolitan Council, to make progress toward creating additional affordable housing and preserving existing affordable housing; •Metropolitan Council planning and policies must be more closely aligned to help ensure that resources for transportation and transit are available to assist communities in addressing their local share of the regional affordable housing need and to ensure that all populations have adequate mobility to reach jobs, education and other destinations 31 Housing & Economic Development 2024 Legislative Policies regardless of where they live; •The Metropolitan Council will not hold cities responsible if a city does not meet its affordable housing need number. However, efforts to produce affordable housing may be considered when awarding grants; •The Metropolitan Council, with input by local government representatives, should examine the allocation of need methodology with respect to the relationship between the regional allocation and the local share of the need. The formula should also be routinely evaluated to determine if market conditions have changed or if underlying conditions should prompt readjustment of the formula; •The Council should use a methodology that incorporates data accumulated by individual cities and not limited to census driven or policy driven growth projections; •The formula should be adjusted to better reflect the balance and breadth of existing subsidized and naturally occurring affordable housing stocks; and •The Council should work with local governments through an appeals process in order to resolve any local issues and concerns with respect to the need allocations and the plan review process. 3-F Housing Policy and Production Survey The Metropolitan Council calculates a city’s housing production annually. Production information is collected through an annual city survey as well as Council data. Cities participating in Livable Communities are required to include their housing action plan and ALHOA funding amounts in their survey responses. Beginning in 2022, the Council began compiling the data in a report to share city practices and funding sources that support the creation of new affordable housing units. Metro Cities supports a regular review of the survey questions and use of data, with city input. Any proposed new, deleted, or expanded uses or programs in which data from the Housing Policy and Production Survey would be used should be reviewed by local officials and Metro Cities. Metro Cities supports a consistent schedule for sending the annual housing production survey to cities. 3-G State Role in Housing The state must be an active participant in providing funding for housing, including direct funding, financial incentives, and initiatives to assist local governments and developers to support affordable housing and housing appropriate for people at all stages of life. State funding 32 Housing & Economic Development 2024 Legislative Policies is a major and necessary component for the provision of housing. Current resource levels are insufficient to meet the spectrum of needs in the metropolitan region and across the state. Primarily through programs administered by the Minnesota Housing Finance Agency (MHFA), the state establishes the general direction and prioritization of housing issues, and financially supports a variety of housing, including transitional housing, privately and publicly-owned housing, supportive housing, senior housing, workforce housing, and family housing. Minnesota’s low-income rental property classification, commonly known as class 4d(1), allows landlords to certify qualifying low-income rental property. The state must continue to be an active partner in addressing life cycle and affordable housing needs. Workforce housing is generally defined as housing that supports economic development and job growth and is affordable to the local workforce. A statewide program, administered through the Minnesota Housing Finance Agency, supports workforce homeownership efforts in the metropolitan area. State policies and funding should recognize that affordable housing options that are accessible to jobs and meet the needs of a city’s workforce are important to the economic competitiveness of cities and the metro region. In addition, significant housing related racial disparities persist in Minnesota, especially as it relates to the percentage of households of color who pay more than 30 percent of their income in housing costs and as it relates to the significant disparity gap in homeownership rates. Metro Cities supports: •Increased, sustainable and adequate state funding for new and existing programs that support life cycle, workforce and affordable housing, address homeownership disparities, address foreclosure mitigation, address housing for families with children, and support senior, transitional and emergency housing for the metro region; •An ongoing state match for local and regional housing trust fund investments and local policies in support of affordable housing. State funds should be issued on a timeline that works with a city’s budget process; •Private sector funding for workforce housing; •Housing programs that assist housing development, preservation and maintenance of existing housing stock, including unsubsidized, naturally occurring affordable housing that is affordable to residents throughout the low-to-moderate income range; •State funded housing assistance programs to help with affordability; •Housing programs designed to develop market rate housing in census blocks with emerging or high concentrations of poverty, where the private market might not otherwise invest, as a means of creating mixed-income communities and reconciling 33 Housing & Economic Development 2024 Legislative Policies affordable housing with community development goals; •Continuing the policy of using the Minnesota Housing Finance Agency’s investment earnings for housing programs; •City input into state legislation and administrative policies regarding distribution of tax credits and tax-exempt bonding; •Exemptions from, or reductions to sales, use and transaction taxes applied to the development and production of affordable housing; •Consideration of the use of state bond proceeds and other appropriations for land banking, land trusts, and rehabilitation and construction of affordable housing; •Programs that help avoid foreclosures, improve homeownership rates and reduce racial disparities through homeownership assistance programs and counseling services, including down payment assistance and pre-purchasing counseling to improve financial wellness and inform homeowner and potential homeowners of their rights, options, and costs associated with owning a home; •State tenant protection policies as well as a city’s ability to enact tenant protections to support access to affordable housing and housing stability for tenants; •Prohibiting landlords from denying housing opportunities to residents based on their source of income; •Housing stability for renters through policies that mitigate the impact of or reduces the number of evictions filed; •Policies that encourage public housing authorities and owners of federally assisted housing to consider a holistic approach to selecting tenants during the application and screening process, and avoid excluding tenants solely based on criminal records; •Exploring best practices toward increased housing affordability for residents, housing maintenance standards and providing quality housing for residents. Cities should work with rental housing owners and operators when establishing best practices; •Any program expansion proposals for state mandated class-rate reductions should include a full analysis of the impacts to local property tax bases before their enactment. Metro Cities opposes any changes to the 4d(1) program that substantially increases the tax responsibility for residents and businesses or increases the tax benefit for landlords without including increased benefits for renters of 4d(1) units. Metro Cities supports a 34 Housing & Economic Development 2024 Legislative Policies property owner being required to receive city approval where the property is located, for all 4d(1) property that has not in whole or in part been classified as 4d(1) property. Metro Cities also supports ongoing 4d(1) aid, and lowering the threshold of eligibility for cities to receive 4d(1) aid. Metro Cities supports the continuation of a reporting process for landlords benefitting from the 4d(1) class rate reduction to ensure deeper affordability or property reinvestment, and a sunset period for any changes made to the program to evaluate the range of impacts that expanding the program may have; •The state housing tax credit to support local governments and the private sector to help spur construction and secure additional private investment; and •Maintaining existing municipal authority to establish a housing improvement area (HIA). If the Legislature grants multi-jurisdictional entities the authority to create HIAs, creation of an HIA must require municipal approval. 3-H Federal Role in Affordable and Workforce Housing Federal funding plays a critical role in aiding states and local governments in their efforts to maintain and increase affordable and workforce housing. Providing working families access to housing is an important piece to the economic vitality of the region. Metro Cities encourages the federal government to maintain and increase current levels of funding for affordable and workforce housing. Federal investment in affordable and workforce housing will maintain and increase the supply of affordable and life cycle housing as well as make housing more affordable through rental assistance programs such as the Section 8 housing choice voucher program. In July 2015, the U.S. Department of Housing and Urban Development (HUD) released a final rule on affirmatively furthering fair housing (AFFH) with an aim to provide communities that receive HUD funding with clear guidelines to meet their obligation under the Fair Housing Act of 1968 to promote and reduce barriers to fair housing and equal opportunity. HUD has since provided new guidance to comply with the AFFH rule. Metro Cities supports: •Preserving and increasing funding for the Community Development Block Grant Program (CDBG) and the federal HOME program that are catalysts for creating and preserving affordable housing; •Preserving and increasing resources and incentives to sustain existing public housing throughout the Metro Area; 35 Housing & Economic Development 2024 Legislative Policies •Maintaining the federal tax credit program to help spur construction and secure additional private investment, including making the four percent Low Income Housing Tax Credit a fixed rate as was done with the nine percent credit in 2015; •Creating and implementing a more streamlined procedural method for local units of government to participate in and access federal funding and services dealing with grants, loans, and tax incentive programs for economic and community development efforts; •Additional resources to assist communities to meet obligations to reduce barriers to and promote fair housing and equal opportunity; •Maintaining and increasing resources to Section 8 funding and to support incentives for rental property owners to participate in the program; •Federal funding programs for renters with limited income or fixed income; •Rental increase caps when the rent increase exceeds a 5-year running average; and •Federal funding to provide short-term assistance for HRAs to facilitate the sale of tax- exempt bonds. 3-I Vacant, Boarded, and Foreclosed Properties and Properties at Risk Abandoned residential and commercial properties can harm communities when vacant buildings result in reduced property values and increased crime. The additional public safety and code enforcement costs of managing vacant properties are a financial strain on cities. Metro Cities supports solutions to vacant and boarded properties that recognize that prevention is more cost effective than a cure, the causes of this problem are many and varied, requiring a variety of solutions, and cities must not be expected to bear the bulk of the burden of mitigation, because it is not simply a “city” problem. Further, Metro Cities supports: •Registration of vacant and boarded properties; •Allowing cities to acquire vacant and boarded properties before deterioration and vandalism result in unsalvageable structures, including providing financial tools such as increasing eminent domain flexibility; •Improving the ability of cities to recoup the increased public safety, management, and enforcement costs related to vacant properties; 36 Housing & Economic Development 2024 Legislative Policies •Improvement of the redemption process to provide increased notification to renters, strengthen the ability of homeowners to retain their properties, and reduce the amount of time a property is vacant; •Expedition of the tax forfeiture process; •Increasing financial tools for neighborhood recovery efforts, including tax increment financing; and •Year-round notification by utility companies of properties not receiving utility service. 3-J Housing Ordinance Enforcement A Minnesota State Supreme Court ruling, Morris v. Sax, stated that provisions of the city of Morris’ rental housing code were invalid because there were subjects dealt with under the state building code and the city was attempting to regulate these areas “differently from the state building code.” Minn. Stat. § 326B.121, subdivision 1 states: “The State Building Code is the standard that applies statewide for the construction, reconstruction, alteration, repair, and use of buildings and other structures of the type governed by the code. The State Building Code supersedes the building code of any municipality.” Subdivision 2 states: “A municipality must not by ordinance, or through development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. This subdivision does not prohibit a municipality from enacting or enforcing an ordinance requiring existing components or systems of any structure to be maintained in a safe and sanitary condition or in good repair, but not exceeding the standards under which the structure was built, reconstructed, or altered, or the component or system was installed, unless specific retroactive provisions for existing buildings have been adopted as part of the State Building Code. A municipality may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance. A municipality may appeal the disapproval of a more restrictive ordinance to the commissioner.” Metro Cities supports the ability of cities to enforce all housing codes passed by a local municipality to maintain its housing stock. 3-K Economic Development, Redevelopment and Workforce Readiness The economic viability of the metropolitan area is enhanced by an array of economic development tools that create infrastructure, revitalize previously developed property, provide incentives for business development, support technological advances, support a trained workforce, and address disparities in economic development and workforce development. It should be the goal of the state to champion development and redevelopment by providing 37 Housing & Economic Development 2024 Legislative Policies adequate and sustainable funding to assure competitiveness in a global marketplace. The state should recognize the relationship between housing and economic development. Access to affordable child care supports working families and allows parents to enter or remain in the workforce. Economic development and redevelopment are not mutually exclusive – some projects require a boost on both counts. The State of Minnesota should recognize cities as the primary unit of government responsible for the implementation of economic development, redevelopment policies, and land use controls. 3-K(1) Economic Development For purposes of this section, economic development is defined as a form of development that can contain direct business assistance, infrastructure development, technical assistance, and policy support with the goal of sustainable job creation, job retention, appropriate state regulation or classification, or to nurture new or retain existing industry in the state. The measure of return on investment of public business subsidies should include the impact (positive or negative) of “spin- off development” or business development that is ancillary and supportive of the primary business. A strength of the regional economy is its economic diversity. Multiple industry clusters and sectors employ a specialized, trained workforce and support entrepreneurs in developing new businesses. Partnerships and collaborations among the state and local levels of government, higher education and industry should continue to develop, to commercialize new technologies and to support efforts to enhance the economic vitality of the region. While cities are the unit of local government primarily responsible for the implementation of economic development, counties have an interest in supporting local economic development efforts. Any creation of a county CDA, EDA or HRA with economic development powers should follow Minn. Stat. § 469.1082 that requires a city to adopt a resolution electing to participate. Cities can work with the public and private sectors to support the region’s economic growth by reducing barriers to economic participation by people of color. Metro Cities supports state funded programs that support new and expanding businesses, infrastructure development and public-private partnerships. This includes the Minnesota Investment Fund, Job Creation Fund and Angel Tax Credit. Programs using statewide funding should strive to award funds balanced between the metro region and greater Minnesota. Metro Cities supports competitive funding for statewide grant programs such as the Minnesota Investment Fund (MIF) as opposed to direct legislative appropriations for projects from these funds. Metro Cities supports a percentage of MIF loan repayments to cities. The state should provide administrative support and technical assistance to cities that administer these programs. Applications for state MIF funds should allow a city to indicate support for a MIF grant or a loan. Metro Cities supports economic tools that facilitate job growth without relying solely on the property tax base; green job development and related innovation and entrepreneurship; programs to support minority business start-ups; small business financing tools including a 38 Housing & Economic Development 2024 Legislative Policies state new markets tax credit program mirrored on the federal program; tools to attract and retain data centers and other IT facilities; access to affordable child care; and maintaining existing municipal authority to establish a special service district (SSD). Metro Cities supports further study of allowing mixed-use buildings that have both commercial and residential uses to be included in an SSD. 3-K(2) Redevelopment Redevelopment facilitates the re-use of previously developed land, thereby leveling the playing field between greenfield and brownfield sites so that a developer can choose to locate on land that has already been used. Redeveloping properties supports community vibrancy and revitalization. Redevelopment increases the local property tax base, increases land values, provides more efficient use of new or existing public infrastructure (including public transit), reduces urban sprawl, and enhances the livability of neighborhoods. Jobs are created three times – at demolition and cleanup, during construction, and ongoing jobs tied to the new use. Redevelopment may occur on non-polluted land or on brownfields. Brownfields are abandoned, idled, or underused industrial and commercial properties where financing or redevelopment is complicated by actual or suspected environmental contamination. Federal, state, regional and local governments fund investigation and cleanup of blighted or other brownfield properties that allows for redevelopment without risking human health or potential environmental liabilities. Correcting and stabilizing polluted soils and former landfill sites allows cities to redevelop and reuse properties. For many cities in the metropolitan region, redevelopment is economic development. Metro Cities supports increased funding from federal, state and regional sources. The Metropolitan Council’s Livable Communities Act programs fund redevelopment activities that support cleanup and tax base revitalization. Metro Cities supports allowing a maximum levy amount for this program, as provided under law. Metro Cities supports increased and sustained state funds for DEED-administered programs like the Redevelopment Grant and Demolition Loan Program, dedicated to metropolitan area projects, innovative Business Development Public Infrastructure grants, as well as increased, flexible and sustained funding for the Contamination Cleanup and Investigation Grant Program. The expansion of transit service throughout the region brings opportunity for redevelopment and transit-oriented development (TOD). Metro Cities supports financing, regulatory tools and increased flexibility in the use of Tax Increment Financing (TIF) to nurture TOD. Metro Cities supports funding Transit Improvement Areas (TIAs) and ensuring that the eligibility criteria encourage a range of improvements and infrastructure and accommodate varying city circumstances and needs. Metro Cities supports expansion of existing tools or development of new funding mechanisms to correct unsuitable soils as well as city authority to redevelop land previously 39 Housing & Economic Development 2024 Legislative Policies used as landfills and dumps. If a city receives initial approval from a state regulatory authority, a city’s redevelopment project approval should be considered final. Local governments and cities may choose to revitalize historic structures rather than construct new buildings. Metro Cities supports extension of the sunset of the state income tax credit and maintaining the federal tax credit for preservation of historic properties. Metro Cities supports collection of the state refund for the historic expenditures over one year. The COVID-19 pandemic changed the way Americans work. As more employees are working from home on a full-time or hybrid basis, more and more employers are downsizing their office spaces. As a result of this national trend, cities are experiencing significant commercial vacancy issues, especially in their downtowns. At the same time, cities are facing a shortage of housing, and a severe shortage of affordable housing. This is a national issue. According to the New York Times, there is about 998 million square feet of vacant office space in cities across the U.S. This presents an opportunity to convert vacant, functionally obsolete, and/or underutilized commercial space to housing units, and many U.S. cities and states are responding to this opportunity by creating incentives for these conversions. Metro Cities supports state funding, tax credits and policy tools that will assist with the conversion of vacant commercial space to residential or new types of uses that support economic growth of cities. Metro Cities supports state funding to allow cities and/or their development authorities to assemble small properties so that business expansion sites will be ready for future redevelopment. 3-K(3) Workforce Readiness A trained workforce is important to a strong local, regional, and state economy. Cities have an interest in the availability of qualified workers and building a future workforce based on current and future demographics, as part of their economic development efforts. Cities can work with the public and private sectors to address workforce readiness to include removing barriers to education access, addressing racial disparities in achievement and employment gaps, addressing the occupational gender gap, and support training and jobs for people with disabilities. The state has a role to prepare and train a qualified workforce through the secondary, vocational, and higher education systems and job training and retraining programs in the Department of Employment and Economic Development (DEED), including youth employment programs. Metro Cities supports: •Increased funding for the Job Skills Partnership, youth employment programs and other workforce training programs administered by the state that lead to jobs that provide a living wage and benefits, support workers of all abilities, and help address racial disparity gaps in employment; 40 Housing & Economic Development 2024 Legislative Policies •Innovative workforce programs and partnerships that foster workforce readiness for a full range of jobs and careers, including skilled municipal jobs and current high opportunity areas such as manufacturing and construction; •Investments in programs that address the gender wage gap, including training for women to enter nontraditional careers; •A payroll tax credit for job training programs that invest in employees; and •A city’s authority to tie workforce requirements to local public finance assistance. 3-L Tax Increment Financing (TIF) Tax Increment Financing (TIF) continues to be the primary tool available for local communities to assist economic development, redevelopment, and housing. Over time, statutory changes have made this critical tool increasingly difficult to use. At the same time, federal and state development and redevelopment resources have been steadily shrinking. The cumulative impact of TIF restrictions, shrinking federal and state redevelopment resources and highly restrictive eminent domain laws constrain cities’ abilities to address problem properties, which leads to an accelerated level of decline of developed cities in the metropolitan area. Thus, the only source of revenue available to accomplish the scope of redevelopment necessary is the value created by the redevelopment itself, or the “increment.” Without the use of the increment, development will either not occur or is unlikely to be optimal. Metro Cities urges the Legislature to: •Not adopt any statutory language that would further constrain or directly or indirectly reduce the effectiveness of TIF; •Not adopt any statutory language that would allow a county, school district or special taxing district to opt out of a TIF district; •Incorporate the Soils Correction District criteria into the Redevelopment District criteria so that a Redevelopment District can be comprised of blighted and contaminated parcels in addition to railroad property; •Expand the flexibility of TIF to support a broader range of redevelopment projects; •Amend MN Statutes to clarify that tax increment pooling limitations are calculated on a cumulative basis; •Increase the ability to pool increments from other districts to support projects; 41 Housing & Economic Development 2024 Legislative Policies •Expand authority for all cities to transfer unobligated pooled increment from a housing or redevelopment TIF district to support a local housing trust fund for any eligible expenditure under Minn. Stat. § 462C.16; •Modify the housing district income qualification level requirements to allow the levels to vary according to individual communities and/or to support deeply affordable units; •Continue to monitor the impacts of tax reform on TIF districts and if warranted provide cities with additional authority to pay for possible TIF shortfalls; •Allow for the creation of transit zones and transit-related TIF districts in order to shape development and related improvements around transit stations but not require the use of TIF districts to fund the construction or maintenance of the public transit line itself unless a local community chooses to do so; •Allow TIF eligibility expansion to innovative technological products, recognizing that not only physical items create economic value; •Support changes to TIF law that will facilitate the development of “regional projects”; •Shift TIF redevelopment policy away from a focus on “blight” and “substandard” to “functionally obsolete” or a focus on long range planning for a particular community, reduction in greenhouse gases or other criteria more relevant to current needs; •Encourage DEED to do an extensive cost-benefit analysis related to redevelopment, including an analysis of the various funding mechanisms, and an analysis of where the cost burden falls with each of the options compared to the distribution of the benefits of the redevelopment project; •Support TIF for neighborhood recovery efforts in the wake of the foreclosure crisis; •Consider creating an inter-disciplinary TIF team to review local exception TIF proposals, using established criteria, and make recommendations to the legislature on their passage; •Encourage the State Auditor to continue to work toward a more efficient and streamlined reporting process. There are an increasing number of noncompliance notices that have overturned longstanding practices or limited statutorily defined terms. The Legislature has not granted TIF rulemaking authority to the State Auditor and the audit powers granted by statute are not an appropriate vehicle for making administrative or legislative changes to TIF statutes. If the State Auditor is to exercise rulemaking authority, the 42 Housing & Economic Development 2024 Legislative Policies administrative power to do so must be granted explicitly by the Legislature. The audit enforcement process does not create a level playing field for cities to challenge the Auditor’s interpretation of statutes. The Legislature should provide a process through which to resolve disputes over TIF policy that is fair to all parties; •Clarify the use of TIF when a sale occurs after the closing of a district; •Revise the substandard building test to simplify, resolve ambiguities and reduce continued threat of litigation; and •Amend TIF statutes to address, through extending districts or other mechanisms, shortfalls related to declining market values. 3-M Eminent Domain Significant statutory restrictions on the use of eminent domain have resulted in higher public costs for traditional public use projects like streets, parks, and sewers, and have all but restricted the use of eminent domain for redevelopment to cases of extreme blight or contamination. The proper operation and long-term economic vitality of our cities is dependent on the ability of a city, its citizens, and its businesses to continually reinvest and reinvent. Reinvestment and reinvention strategies can occasionally conflict with the priorities of individual residents or business owners. Eminent domain is a critical tool in the reinvestment and reinvention process and without it our cities may deteriorate to unprecedented levels before the public reacts. Metro Cities strongly encourages the Governor and Legislature to revisit eminent domain laws to allow local governments to address redevelopment problems before those conditions become financially impossible to address. Specifically, Metro Cities supports: •Clarifying contamination standards; •Developing different standards for redevelopment to include obsolete structures or to reflect the deterioration conditions that currently exist in the metropolitan area; •Allowing for the assembly of multiple parcels for redevelopment projects; •Modifying the public purpose definition under Minn. Stat. § 117 to allow cities to more expediently address properties that are vacant or abandoned in areas with high levels of foreclosures, as well as address neighborhood stabilization and recovery; •Providing the ability to acquire land from “holdouts” who will now view a publicly funded project as an opportunity for personal gain at taxpayer expense; i.e. allow for 43 Housing & Economic Development 2024 Legislative Policies negotiation using balanced appraisals for fair relocation costs; •Examining attorney fees and limit fees for attorneys representing a property owner; •Allowing for relocation costs not to be paid if the city and property owner agree to a sale contract; •A property owner’s appraisal to be shared with the city prior to a sale agreement; and •Appropriately balanced awards of attorney fees and costs of litigation with the outcome of the eminent domain proceeding. 3-N Community Reinvestment Communities across the metropolitan region have aging residential and commercial structures that need repair and reinvestment. Reinvestment prevents neighborhoods from falling into disrepair, revitalizes communities and protects a city’s tax base. Metro Cities supports state programs and incentives for reinvestment in older residential and commercial/industrial buildings, such as, but not limited to, tax credits and/or property tax deferrals. Historically, the state has funded programs to promote reinvestment in communities, including the “This Old House” program, that allowed owners of older homestead property to defer an increase in their tax capacity resulting from repairs or improvements to the home and “This Old Shop” for owners of older commercial/industrial property that make improvements that increase the property’s market value. 3-O Business Incentives Policy Without a thorough study, the Legislature should not make any substantive changes to the Business Subsidy Act, as defined in Minn. Stat. § 116J.993, but should look to technical changes that would streamline both state and local processes and procedures. The Legislature should distinguish between development incentives and redevelopment activities. In addition, in order to ensure cohesive and comprehensive regulations, the legislature should limit regulation of business incentives to the Business Subsidy Act. Metro Cities supports additional legislation that includes tools to help enhance and facilitate economic development and job creation. Metro Cities supports increased flexibility for meeting business subsidy agreements during a state of emergency. 44 Housing & Economic Development 2024 Legislative Policies 3-P Broadband Technology Where many traditional economic development tools have focused on managing the costs and availability of traditional infrastructure – roads, rail, and utilities – the 21st century economy is dependent on reliable, cost effective, high bandwidth communications capabilities. This includes voice, video, data, and other services delivered over cable, telephone, fiber-optic, wireless, and other platforms. The state has increased its role in expanding broadband infrastructure across the state by funding broadband access for residents and businesses. The Governor’s Broadband Task Force regularly recommends updates to state broadband speed goals and funding levels to expand statewide broadband access. The Office of Broadband Development in the Department of Employment and Economic Development (DEED) supports the role of broadband in economic development. The Office coordinates broadband mapping and administers state broadband grant funds. Cities play a vital role in achieving significantly higher broadband speeds. Local units of government are contributing to increasing broadband capacity and ensuring internet connectivity, reliability, and availability. However, attempts have been made in Minnesota and other states to restrict or stop cities from facilitating the deployment of broadband services or forming partnerships with private sector companies to provide broadband services to unserved or underserved residents or businesses. Restricting municipal authority is contrary to existing state law on electric utility service, telecommunications, and economic development. Metro Cities opposes the adoption of state policies that further restrict a city’s ability to finance, construct or operate broadband telecommunications networks. Metro Cities supports: •State policies and support programs that substantially increase speed and capacity of broadband services statewide, including facilitating solutions at the local level. The state should offer incentives to private sector service providers to respond to local or regional needs and to collaborate with cities and other public entities to deploy broadband infrastructure capable of delivering sufficient bandwidth and capacity to meet immediate and future local needs as well as policies which seek to position Minnesota as a state of choice for testing next-generation broadband; •Metro eligibility for broadband funds, including increased capacity for areas with existing levels of service; •Testing and review of street-level broadband speeds and updating of comprehensive statewide street-level mapping of broadband services to identify underserved areas and connectivity issues. •Programs and projects that improve broadband adoption, achieve significantly higher broadband speeds, and support efforts to improve digital inclusion by ensuring that 45 Housing & Economic Development 2024 Legislative Policies robust and affordable Internet connectivity is widely available to all Minnesotans. •Municipal authority and encouragement of local governments to play a direct role in providing broadband service. This includes repealing Minn. Stat. § 237.19. The state should clarify that cities have the authority to partner with private entities to finance broadband infrastructure using city bonding authority; •Local authority to manage and protect public rights-of-way including public and private infrastructure, to zone, to collect compensation for the use of public assets, or to work cooperatively with and respond to applications from the private sector. Cities may exercise local authority over zoning and land-use decisions for siting, upgrading, or altering wireless service facilities and exercise regulations of structures in the public right-of-way; and •Public-private collaborations that support broadband infrastructure and services at the local and regional level, including partnerships and cooperation in providing last-mile connections. 3-Q City Role in Environmental Protection and Sustainable Development Historically, cities have played a major role in environmental protection, particularly in water quality. Through the construction and operation of wastewater treatment and storm water management systems, cities are a leader in protecting the surface water of the state. In recent years, increased emphasis has been placed on protecting ground water and removing impairments from storm water. In addition, there is increased emphasis on city participation in controlling our carbon footprint and in promoting green development. Metro Cities supports public and private environmental protection efforts to reduce greenhouse gas emissions and to further protect surface and ground water. Metro Cities also supports “green” design and construction techniques to the extent that those techniques have been thoroughly tested and are truly environmentally beneficial, economically sustainable and represent sound building practices. Metro Cities supports additional, feasible environmental protection with adequate funding and incentives to comply. Metro Cities supports state funding for municipal renewable energy objectives. Metro Cities supports sustained state funding for new and existing programs that support local climate action planning, climate resiliency, climate related infrastructure projects including funding and technical support for local level public-private planning initiatives that address climate resiliency issues that impact economic viability in the metropolitan area at a local and regional level. Green jobs represent employment and entrepreneurial opportunities that are part of the green economy, as defined in Minn. Stat. § 116J.437, including the four industry sectors of green products, renewable energy, green services and environmental conservation. Minnesota’s green 46 Housing & Economic Development 2024 Legislative Policies jobs policies, strategies and investments need to lead to high quality jobs with good wages and benefits, meeting current wage and labor laws. 3-R Impaired Waters Local units of government should not bear undue cost burdens associated with completed TMDL reports. As recent Total Maximum Daily Load (TMDL) reports show, non-point agricultural sources are producing more runoff pollution than urban areas at a rate of 13:1. Cities must not be required as primary entities for funding the clean-up and protection of state and regional water resources. Benefits of efforts must be proportional to the costs incurred and agricultural sources must be held responsible for their share of costs. Metro Cities supports continued development of the metropolitan area in a manner that is responsive to the market but is cognizant of the need to protect the water resources of the state and metropolitan area. Since all types of properties are required to pay storm water fees, Metro Cities opposes entity-specific exemptions from these fees. Metro Cities supports the goals of the Clean Water Act and efforts at both the federal and state level to implement it. Metro Cities supports continued funding of the framework established to improve the region’s ability to respond to market demands for development and redevelopment, including dedicated funding for surface water impairment assessments, TMDL development, storm water construction grants and wastewater construction grants. 47 Metropolitan Agencies 2024 Legislative Policies 4-A Goals and Principles for Regional Governance The Twin Cities metropolitan region is home to a majority of the state’s population and is poised for significant growth in the next two decades. The region faces significant challenges and opportunities, the responses to which will determine the future success of the metropolitan region and its competitiveness in the state, national and world economies. The Metropolitan Council was created to manage the growth of the metropolitan region, and cities are responsible for adhering to regional plans as they plan for local growth and service delivery. The region’s cities are the Metropolitan Council’s primary constituency, as regional and local growth are primarily managed through city comprehensive planning implementation and the delivery of public services. To function successfully, the Metropolitan Council must be accountable to and work collaboratively with city governments. The role of the Metropolitan Council is to set broad regional goals and provide cities with technical assistance and incentives to achieve the goals. City governments are responsible for and best suited to provide local zoning, land use planning, development, and service delivery. Any additional roles or responsibilities for the Metropolitan Council should be limited to specific statutory assignments or authorization and should not usurp or conflict with local roles or processes unless such changes have the consent of the region’s cities. Metro Cities supports an economically strong and vibrant region, and the effective, efficient, and equitable provision of regional infrastructure, services, and planning throughout the metropolitan area. Metro Cities supports the provision of approved regional systems and planning that are provided more effectively, efficiently, or equitably on a regional level than by individual local units of government. The Metropolitan Council must involve cities in the delivery of regional services and planning, be responsive to local perspectives on regional issues and be required to provide opportunities for city participation on Council advisory committees and task forces. The Metropolitan Council must involve cities at all steps of planning, review and implementation of the regional development guide, policy plans, systems statements, and local comprehensive plan requirements to ensure transparency, balance and Council adherence to its core mission and functions. These processes should allow for stakeholder input before policies and plans are released for comment and finalized. Any additional functions for the Metropolitan Council should not be undertaken unless authorized specifically by state law. 48 Metropolitan Agencies 2024 Legislative Policies 4-B Regional Governance Structure Metro Cities supports the appointment of Metropolitan Council members by the Governor with four-year, staggered terms for members to stabilize ideological shifts and provide for continuity of knowledge on the Council, which is appropriate for a long-range planning body. The appointment of the Metropolitan Council Chair should coincide with the term of the Governor. Metro Cities supports a nominating committee process that maximizes participation and input by local officials. Metro Cities supports expanding the nominating committee from seven to 13 members, with a majority of a 13-member committee being local elected officials. Of the local officials appointed to a nominating committee, two thirds should be elected city officials, appointed by Metro Cities. Consideration should be given to the creation of four separate nominating committees, with committee representation from each quadrant of the region. Metro Cities supports having the names of recommended nominees or other individuals under consideration for appointment to the Council by the Governor to be made public at least 21 days prior to final selection by the Governor, and a formal public comment period before members are appointed to the Council. Metro Cities supports the appointment of Metropolitan Council members who have demonstrated the ability to work with cities in a collaborative manner, commit to meet with local government officials regularly and who are responsive to the circumstances and concerns of cities in the district that they represent on the Council. Council members should understand the diversity and the commonalities of the region, and the long-term implications of regional decision-making. A detailed position description outlining the required skills, time commitment and understanding of regional and local issues and concerns should be clearly articulated and posted in advance of the call for nominees. Metro Cities supports opportunities for local officials to provide input during the decennial legislative redistricting process for the Metropolitan Council and supports transparency in the redistricting process. 4-C Comprehensive Analysis and Oversight of Metropolitan Council A comprehensive analysis of the Metropolitan Council’s functions and structure was conducted by a Governor’s Blue-Ribbon Committee in 2020. Metro Cities supports specific findings by this committee that recommended four-year staggered terms for Metropolitan Council members with members appointed by the governor, an expanded nominating committee with a majority of local officials on the committee, and the publication of nominees prior to their appointment. These findings are consistent with Metro Cities’ legislative policy on regional governance. The metropolitan region will continue to expand while simultaneously facing significant challenges for the effective, efficient, and equitable provision of resources and infrastructure. 49 Metropolitan Agencies 2024 Legislative Policies Metro Cities supports an objective study of the Metropolitan Council’s activities and services as well as its geographical jurisdiction to ensure that the Metropolitan Council’s services are positioned to be effective and adequate in addressing the future needs of the region. Such work must include the participation of local officials. The Metropolitan Council should also examine its scope of services to determine their benefit and efficiency and be open to alternative methods of delivery to assure that services are provided at high levels of effectiveness for the region. Metro Cities supports appropriate legislative oversight of the Metropolitan Council to regularly review the Council’s activities, and to provide transparency and accountability of its functions and operations. 4-D Funding Regional Services The Metropolitan Council should continue to fund regional services and activities through a combination of user fees, property taxes, and state and federal grants and should set user fees through an open process that includes public notices and hearings. User fees should be uniform and set at a level that supports effective and efficient public services based on commonly accepted industry standards and allows for sufficient reserves to ensure long-term service and fee stability. Fee proceeds should be used to fund regional services or programs for which they are collected. Metro Cities supports the use of property taxes and user fees to fund regional projects so long as the benefit conferred on the region is proportional to the fee or tax, and the fee or tax is comparable to the benefit cities receive in return. 4-E Regional Systems Regional systems are statutorily defined as transportation, aviation, wastewater treatment and recreational open space. The purpose of the regional systems and the Metropolitan Council’s authority over the systems is outlined in state law. The Metropolitan Council must seek a statutory change to alter the focus or expand the reach of any of these systems. Systems plans prepared by the Metropolitan Council should be specific in terms of size, location, and timing of regional investments to allow for consideration in local comprehensive planning. Systems plans should also clearly state the criteria by which local plans will be judged for consistency with regional systems. Additional regional systems should be established only if there is a compelling metropolitan problem or concern best addressed through the designation. Common characteristics of the existing regional systems include public ownership of the system and its components and established regional or state funding sources. These characteristics should be present in any new regional system that might be established. Water supply and housing do not meet necessary established criteria for regional systems. Any proposed additional system must have an established regional or state funding source. 50 Metropolitan Agencies 2024 Legislative Policies 4-F Regional Water Supply Planning The Metropolitan Council is statutorily authorized to carry out planning activities to address water supply needs of the metropolitan area. A Metropolitan Area Water Supply Advisory Committee (MAWSAC) that includes state agency representatives and local officials was established to assist the Council in developing a master water supply plan that includes recommendations for clarifying the roles of local, regional, and state governments, streamlining, and consolidating approval processes and recommending future planning and capital investments. The Master Water Supply Plan serves as a framework to assist communities in water supply planning, without usurping local decision-making. Many cities also conduct their own analyses for use in water supply planning. As the Metropolitan Council continues to assess the region’s water supply and water sustainability, it must work cooperatively with local policymakers and local professional staff to ensure an on-going base of information that is sound, credible, and verifiable, and considers local information, data, cost-benefit analyses, and projections before any policy recommendations are issued. Metro Cities encourages the Metropolitan Council to consider the inter-relationships of wastewater treatment, storm water management and water supply. Any state and regional regulations and processes should be clearly stated in the Master Water Supply Plan. Further, regional monitoring and data collection benefits should be shared expenses between the regional and local units of government. Metro Cities supports Metropolitan Council planning activities to address regional water supply needs and water planning activities as prescribed in statute. Metro Cities opposes the insertion of the Metropolitan Council as another regulator in the water supply arena. Further, while Metro Cities supports regionally coordinated efforts to address water supply issues in the metropolitan area, Metro Cities opposes the elevation of water supply to “Regional System” status, or the assumption of Metropolitan Council control and management of municipal water supply infrastructure. Metro Cities supports the technical advisory committee to the MAWSAC that maximizes participation by municipal officials and helps to ensure sound scientific analyses and models are developed with local expertise and input before legislative solutions are considered. Metro Cities supports efforts to identify capital funding sources to assist with municipal water supply projects. Any fees or taxes for regional water supply planning activities must be consistent with activities prescribed in Minn. Stat. § 473. 1565, and support activities specifically within the metropolitan region. 4-G Review of Local Comprehensive Plans Local officials identified concerns with the submission and review processes for 2018 local plans including requests for information beyond what should be necessary for the Metropolitan 51 Metropolitan Agencies 2024 Legislative Policies Council to review local plans for consistency with regional systems, regional requirements that evolved as local plans were prepared and finalized and finding plans to be incomplete or requiring detailed information on items of a local rather than regional nature, among others. The Metropolitan Council must work with Metro Cities and local officials to address challenges and concerns identified with the 2018 comprehensive planning process and undertake any necessary improvements in advance of the next comprehensive planning cycle. This work should be conducted with opportunities for ongoing input and consultation with local officials as any modifications to the comprehensive planning review processes are considered, including but not limited to a recently established regional planning advisory group that includes Metro Cities and municipal officials. This work shall include reviewing processes for comprehensive plan amendments and identifying areas for improvement. In reviewing local comprehensive plans and plan amendments, the Metropolitan Council should: •Recognize that its role is to review and comment, unless it is found that the local plan is more likely than not to have a substantial impact on or contain a substantial departure from one of the four system plans; •Be aware of statutory time constraints imposed by the Legislature on plan amendments and development applications; •Provide for immediate effectuation of plan amendments that have no potential for substantial impact on systems plans; •Require the information needed for the Metropolitan Council to complete its review, but not prescribe additional content or format beyond that which is required by the Metropolitan Land Use Planning Act (LUPA); •Work in a cooperative and timely manner toward the resolution of outstanding issues. When a city’s local comprehensive plan is deemed incompatible with the Metropolitan Council’s systems plans, Metro Cities supports a formal appeal process that includes a peer review. Metro Cities opposes the imposition of sanctions or monetary penalties when a city’s local comprehensive plan is deemed incompatible with the Metropolitan Council’s systems plans or the plan fails to meet a statutory deadline when the city has made legitimate, good faith efforts to meet Metropolitan Council requirements; •Work with affected cities and other organizations such as the Pollution Control Agency, Department of Natural Resources, Department of Health, and other stakeholders to identify common ground and resolve conflicts between respective goals for flexible residential development and achieving consistency with the Council’s system plans and policies; and 52 Metropolitan Agencies 2024 Legislative Policies •Require entities, such as private businesses, nonprofits, or local units of government, among others, whose actions could adversely affect a comprehensive plan, to be subject to the same qualifications and/or regulations as the city. 4-H Comprehensive Planning Process Metro Cities supports examining the comprehensive planning process to make sure that the process is streamlined and efficient and avoids excessive cost burdens or duplicative or unnecessary planning requirements by municipalities in the planning process. Metro Cities supports resources to assist cities in meeting regional goals as part of the comprehensive planning process, including planning grants and technical assistance. Metro Cities supports funding and other resources from the Metropolitan Council for the preparation of comprehensive plan updates, including grant funding. Grants and other resources should be provided to all eligible communities through a formula that is equitable, and recognizes varying city needs and capacities. 4-I Comprehensive Planning Schedule Cities are required to submit comprehensive plan updates to the Metropolitan Council every 10 years. A city’s comprehensive plan represents a community’s vision of how the city should grow and develop or redevelop, ensure adequate housing, provide essential public infrastructure and services, protect natural areas, and meet other community objectives. Metro Cities recognizes the merit of aligning comprehensive plan timelines with the release of census data. However, the comprehensive plan process is expensive, time consuming and labor intensive for cities, and the timing for the submission of comprehensive plans should not be altered solely to better align with census data. If sufficient valid reasons exist for the schedule for the next round of comprehensive plans to be changed or expedited, cities should be provided with financial resources to assist them in preparing the next round of plans. Metro Cities opposes cities being forced into a state of perpetual planning because of regional and legislative actions. Should changes be made to the comprehensive planning schedule, Metro Cities supports financial and other resources to assist cities in preparing and incorporating policy changes in local planning efforts. Metro Cities supports a 10-year time frame for comprehensive plan update submissions. Metro Cities supports the Metropolitan Council’s consideration to reduce requirements for 10-year Comprehensive Plan updates for cities under 2,500 residents. 4-J Local Zoning Authority Local governments are responsible for zoning and local officials should have full authority to approve variances to remain flexible in response to the unique land use needs of their own community. Local zoning decisions, and the implementation of cities’ comprehensive plans, 53 Metropolitan Agencies 2024 Legislative Policies should not be conditioned upon the approval of the Metropolitan Council or any other governmental agency. Metro Cities supports local authority over land use and zoning decisions and opposes the creation of non-local appeals boards with the authority to supersede city zoning decisions, and statutory modifications that would diminish the ability of cities to set and implement local zoning ordinances and policies. 4-K Regional Growth The most recent regional population forecast prepared by the Metropolitan Council projects a population of 3,746,000 people by 2040 and 4,001,000 by 2050. Metro Cities recognizes cities’ responsibility to plan for sustainable growth patterns and the integration of transportation, housing, parks, open space, and economic development that will result in a region better equipped to manage population growth, provide a high quality of life for a growing and increasingly diverse metropolitan area population, and improved environmental health. In developing local comprehensive plans to fit within a regional framework, adequate state and regional financial resources and incentives and maximum flexibility for local planning decisions are imperative. The regional framework should assist cities in managing growth while being responsive to the individual qualities, characteristics and needs of metropolitan cities, and should encourage sub-regional cooperation and coordination. In order to accommodate this growth in a manner that preserves the region’s high quality of life: •Natural resource protection will have to be balanced with growth and development/reinvestment; •Significant new resources will have to be provided for transportation and transit; and •New households will have to be incorporated into the core cities, first and second-ring suburbs, and developing cities through both development and redevelopment. In order for regional and local planning to result in the successful implementation of regional policies: The State of Minnesota must contribute additional financial resources, particularly in the areas of transportation and transit, community reinvestment, affordable housing development, and the preservation of parks and open space. If funding for regional infrastructure is not adequate, cities should not be responsible for meeting the growth forecast set forth by the Metropolitan Council; •The Metropolitan Council and Legislature must work to pursue levels of state and federal transportation funding that are adequate to meet identified transportation and transit needs in 54 Metropolitan Agencies 2024 Legislative Policies the metropolitan area; •The Metropolitan Council must recognize the limitations of its authority and continue to work with cities in a collaborative, incentives-based manner; •The Metropolitan Council must recognize the various needs and capacities of its many partners, including but not limited to cities, counties, economic development authorities and nonprofit organizations, and its policies must be balanced and flexible in their approach; •Metropolitan counties, adjacent counties and school districts must be brought more thoroughly into the discussion due to the critical importance of facilities and services such as county roads and public schools in accommodating forecasted growth; and •Greater recognition must be given to the fact that the “true” metropolitan region extends beyond the traditional seven-county area and the need to work collaboratively with adjacent counties in Minnesota and Wisconsin, and the cities within those counties. The region faces environmental, transportation, and land use issues that cannot be solved by the seven-county metro area alone. Metro Cities supports an analysis to determine the impacts of Metropolitan Council’s growth management policies and infrastructure investments on the growth and development of the collar counties, and the impacts of growth in the collar counties on the metropolitan area. Metro Cities opposes statutory or other regulatory changes that interfere with established regional and local processes to manage growth in the metropolitan region, including regional systems plans, systems statements, and local comprehensive plans. Such changes erode local planning authority as well as the efficient provision of regional infrastructure, disregard established public processes and create different guidelines for communities that may result in financial, environmental, and other impacts on surrounding communities. 4-L Natural Resource Protection Metro Cities recognizes the Metropolitan Council’s efforts to compile and maintain an inventory and assessment of regionally significant natural resources for providing local communities with additional information and technical assistance. The state and region play significant roles in the protection of natural resources. Any steps taken by the state or Metropolitan Council regarding the protection of natural resources must recognize that: •The protection of natural resources is significant to a multi-county area that is home to more than 50 percent of the state’s population and a travel destination for many more. Given the limited availability of resources and the artificial nature of the metropolitan area’s borders, and the numerous entities that are involved in protecting the natural resources of the region and state, neither the region nor individual metropolitan communities would be well served 55 Metropolitan Agencies 2024 Legislative Policies by assuming primary responsibility for financing and protecting these resources; •The completion of local Natural Resource Inventories and Assessments (NRI/A) is not a regional system nor is it a required component of local comprehensive plans under the Metropolitan Land Use Planning Act; •The protection of natural resources should be balanced with the need to accommodate growth and development, reinvest in established communities, encourage more affordable housing and provide transportation and transit connections; and •Decisions about the zoning or land use designations, either within or outside a public park, nature preserve, or other protected area are, and should remain, the responsibility of local units of government. The Metropolitan Council’s role with respect to climate change, as identified in the 2040 regional development guide, should be focused on the stewardship of its internal operations (wastewater, transit) and working collaboratively with local governments to provide information, best practices, technical assistance and incentives around responses to climate change. Metro Cities urges the Legislature and the Metropolitan Council to provide financial assistance for the preservation of regionally significant natural resources. 4-M Inflow and Infiltration (I/I) The Metropolitan Council has identified a majority of sewered communities in the metropolitan region to be contributing excessive inflow and infiltration (I/I) into the regional wastewater system or to be on the threshold of contributing excessive inflow and infiltration. Inflow and infiltration are terms for the ways that clear water (ground and storm) makes its way into sanitary sewer pipes and gets treated, unnecessarily, at regional wastewater plants. The number of identified communities is subject to change, depending on rain events, and any city in the metropolitan area can be affected. The Metropolitan Council establishes a surcharge on cities determined to be contributing unacceptable amounts of I/I into the wastewater system. The charge is waived when cities meet certain parameters through local mitigation efforts. Metro Cities recognizes the importance of controlling I/I because of its potential environmental and public health impacts, because it affects the size, and therefore the cost, of wastewater treatment systems and because excessive I/I in one city can affect development capacity of another. However, there is the potential for cities to incur increasingly exorbitant costs in their ongoing efforts to mitigate excessive I/I. Therefore, managing I/I at a regional as well as local level, is critical to effective mitigation and cost management. Metro Cities continues to monitor the surcharge program and supports continued reviews of the methodology used to measure excess I/I to ensure that the methodology 56 Metropolitan Agencies 2024 Legislative Policies appropriately normalizes for precipitation variability and the Council’s work with cities on community specific issues around I/I. Metro Cities supports state financial assistance for metro area I/I mitigation through future Clean Water Legacy Act appropriations or similar legislation and encourages the Metropolitan Council to partner in support of such appropriations. Metro Cities also supports resources, including identified best practices, information on model ordinances, public education and outreach, and other tools, to local governments to address inflow/ infiltration mitigation for private properties. A 2023 task force recommended parameters for a private property inflow-infiltration program that will be funded through a portion of the regional wastewater charge. As a program gets underway, Metro Cities will monitor program criteria for transparency and accessibility for eligible cities. Metro Cities supports continued state capital assistance to provide grants to metropolitan cities for mitigating inflow and infiltration problems into municipal wastewater collection systems. Grant funding should continue to be structured so that all eligible cities have access to this funding assistance. 4-N Sewer Availability Charge (SAC) Metro Cities supports a SAC program that emphasizes equity, transparency, simplification, and lower rates. Metro Cities supports principles for SAC that include program transparency and simplicity, equity for all served communities and between current and future users, support for cities’ sewer fee capacities, administrative reasonableness, and weighing any program uses for specific goals with the impacts to the program’s equity, transparency, and simplicity. As such, Metro Cities opposes the use of the SAC mechanism to subsidize and/or incent specific Metropolitan Council goals and objectives. Input from local officials should be sought if the SAC reserve is proposed to be used for any purpose other than debt service, including pay-as-you-go (PAYGO). Metro Cities opposes increases to the SAC rate while the reserve is projected to exceed the Metropolitan Council’s minimum reserve balance, without the express engagement of city officials in the metropolitan area. Metro Cities supports current SAC program criteria that use gross square feet in making SAC determinations, and do not require a new SAC determination for business remodels that do not change the use of the property. These changes were the result of a 2018 task force that made recommendations to simplify the SAC program for users, and to reduce incidents of “surprise” SAC charges. Metro Cities supports current SAC policy that enhances flexibility in the SAC credit structure for redevelopment purposes and supports continued evaluation of SAC fees to determine if they hinder redevelopment. 57 Metropolitan Agencies 2024 Legislative Policies Metro Cities supports the Metropolitan Council providing details on how any proposed changes to the SAC rate are determined. Metro Cities supports a periodic review of MCES’ customer service policies, to ensure that its processes are responsive and transparent to communities, businesses, and residents. Metro Cities supports continued outreach by MCES to users of the SAC program to promote knowledge and understanding of SAC charges and policies. Any modifications to the SAC program or structure should be considered only with the participation and input of local officials in the metropolitan region. Metro Cities supports a “growth pays for growth” approach to SAC. If state statutes are modified to establish a “growth pays for growth” method for SAC, the Metropolitan Council should convene a group of local officials to identify any technical changes necessary for implementing the new structure. Metro Cities supports allowing the Council to utilize a SAC ‘transfer’ mechanism when the SAC reserve fund is inadequate to meet debt service obligations. Any use of the transfer mechanism must be done so within parameters prescribed by state law and with appropriate notification and processes to allow local official input and should include a timely ‘shift back’ of any funds that were transferred from the wastewater fund to the SAC reserve fund. Efforts should be made to avoid increasing the municipal wastewater charge in use of the transfer mechanism. 4-O Funding Regional Parks & Open Space In the seven-county metropolitan area, regional parks essentially serve as state parks, and the state should continue to provide capital funding for the acquisition, development, and improvement of these parks in a manner that is equitable with funding for state parks. State funding apart from Legacy funds should equal 40 percent of the operating budget for regional parks. Legacy funds for parks and trails should be balanced between the metropolitan region and greater Minnesota. Metro Cities supports state funding for regional parks and trails that is fair, creates a balance of investment across the state, and meets the needs of the region. 4-P Livable Communities The Livable Communities Act (LCA) under Minn.Stat. 473.25 is administered by the Metropolitan Council and provides a voluntary, incentive-based approach to affordable housing development, tax base revitalization, job growth and preservation, brownfield clean up and mixed-use, transit-friendly development, and redevelopment. Metro Cities strongly supports the continuation of this approach, which is widely accepted and utilized by cities. Since its inception in 1995 the LCA program has generated billions of dollars of private and public investment, created thousands of jobs and added thousands of affordable housing units in the region. 58 Metropolitan Agencies 2024 Legislative Policies Metro Cities monitors the LCA programs on an ongoing basis and supports any necessary program modifications to ensure that the LCA program criteria are flexible and promote the participation of all participating communities, and to ensure all metropolitan area cities are eligible to participate in the Livable Communities Demonstration Account (LCDA). Metro Cities supports increased funding and flexible eligibility requirements in the LCDA to assist cities with development that may not be exclusively market driven or market proven in the location, in order to support important local development and redevelopment goals. Metro Cities supports the findings of a recent local official working group that identified the need for the Metropolitan Council to expand its outreach to cities on the LCA programs and to continue efforts to ensure that LCA criteria are sufficiently flexible to meet the range of identified program objectives. These efforts should include ongoing opportunities for structured input by Metro Cities and local officials. Metro Cities supports the statutory goals and criteria established for the Livable Communities Act and opposes any changes to LCA programs that constrain flexibility in statutory goals or program requirements and criteria. Metro Cities is monitoring 2021 modifications to the LCA program to ensure that program criteria are responsive to local needs within the context of overall LCA objectives. Metro Cities opposes funding reductions to the Livable Communities Act programs and the transfer or use of these funds for purposes outside of the LCA program. Metro Cities supports statutory modifications in the LCDA to reflect the linkages among the goals, municipal objectives, and Metropolitan Council system objectives. Metro Cities supports the use of LCA funds for projects in transit improvement areas, as defined in statute, if funding levels for general LCA programs are adequate to meet program goals and the program remains accessible to participating communities. Any proposed program modifications should be considered with input by local officials before changes to LCA programs are enacted or implemented. Use of interest earnings from LCA funds should be limited to covering administrative program costs. Remaining interest earnings should be considered part of LCA funds and used to fund grants from established LCA accounts per established funding criteria. 4-Q Density Metro Cities recognizes the need for a density policy, including minimum density requirements, that allows the Metropolitan Council to effectively plan for and deliver cost-efficient regional infrastructure and services. Regional density requirements must recognize that local needs and priorities vary, and requirements must be sufficiently flexible to accommodate local circumstances as well as the effect of market trends on local development and redevelopment activity. 59 Metropolitan Agencies 2024 Legislative Policies The Metropolitan Council asks cities to plan for achieving minimum average net densities across all areas identified for new growth, development, or redevelopment. Because each community is different, how and where density is guided is determined by the local unit of government, regional density requirements should use minimum average net densities and provide flexibility to accommodate individual city circumstances. Metro Cities opposes parcel-specific density requirements as such requirements are contrary to the need for local flexibility in a regional policy. Any regional density policy must use local data and local development patterns and must accommodate local physical and land use constraints such as, but not limited to, wetlands, public open space, trees, water bodies and rights-of-way, and any corresponding federal and state regulations imposed on local governments when computing net densities. The Metropolitan Council must coordinate with local governments in establishing or revising regional density requirements and should ensure that regional density and plat monitoring reports comprehensively reflect local densities and land uses. 4-R Comprehensive Plans and Environmental Review Comprehensive plans are essential guiding documents for cities and lay out a range of future land use scenarios, which are intended to allow for the orderly and economic development of the metropolitan region. To allow for local flexibility and functionality, as well as to best align local goals with regional requirements, it is essential that local comprehensive plans remain as high- level visioning documents that guide future development as well as other city policies. Recent litigation, if successful, could require local comprehensive plans to meet the standards of the Minnesota Environmental Rights Act (MERA), which is not possible given that they are high level visioning documents and not development plans. Comprehensive plans, under state law, are expressly exempt from the Minnesota Environmental Protection Act (MEPA), unlike development projects, which are regularly and rightfully reviewed under MEPA. This litigation threatens the autonomy of cities to conduct long term planning and the ability of the Metropolitan Council to conduct thoughtful, effective regional planning. Metro Cities supports legislative changes to clarify that cities’ comprehensive plans are exempt from review under the Minnesota Environmental Rights Act (MERA). 60 Transportation 2024 Legislative Policies Transportation Policies and Funding Introduction Metro Cities supports a comprehensive transportation system as a vital component in planning for and meeting the physical, social, and economic needs of the state and metropolitan region. A comprehensive transportation system includes streets and bridges, transit, and multi-modal solutions that work cohesively to best meet state, regional and local transportation needs. Adequate and stable sources of funding are necessary to ensure the development and maintenance of a high quality, efficient and safe transportation system that meets these needs and that will position the state and region to be economically competitive in the years ahead. Failure to maintain a functional transportation system will have adverse effects on the state’s ability to attract and retain businesses and create jobs. Transportation funding and planning must be a high priority for state, regional and local policymakers so that the transportation system can meet the needs of the state’s residents and businesses as well as projected population growth. Funding and planning for regional and statewide systems must be coordinated at the federal, state, regional and local levels to optimally achieve long-term needs and goals. 5-A Road and Bridge Funding Under current financing structures that rely primarily on local property taxes and fees as well as cities’ share of the Highway User Tax Distribution (HUTD) Fund, road and bridge needs in the metropolitan region continue to be underfunded. Metro Cities strongly supports stable, sufficient, and sustainable statewide transportation funding and expanded local tools to meet the transportation system needs of the region and local municipal systems. Consideration should be given to using new, expanded, and existing resources to meet these needs. Metro Cities supports the use of dedicated taxes and fees to fund transportation infrastructure. In addition, cities lack adequate tools and resources for the maintenance and improvement of municipal street systems, with resources restricted to property taxes and special assessments. It is imperative that alternative revenue generating authority be granted to municipalities and that state resources be made available for this purpose to aid local communities and relieve the burden on the property tax system. Metro Cities supports Municipal State Aid Street (MSAS) funding. MSAS provides an important but limited revenue source that assists eligible cities with street infrastructure needs and is limited to twenty percent of a city’s street system. Metro Cities supports state funding to assist cities over-burdened by cost participation responsibilities from improvement projects on state or county highways. Metro Cities supports flexibility in cost participation policies, especially for those cities with a disproportionate number of state or county highways in and around their local boundaries. 61 Transportation 2024 Legislative Policies Metro Cities supports state funding for state highway projects, including congestion, bottleneck and safety improvements. Metro Cities also supports state financial assistance, as well as innovations in design and construction, to offset the impacts of regional transportation construction projects on businesses. Metro Cities opposes statutory changes restricting the use of local funds for transportation projects. Metro Cities opposes restrictions on aesthetic related components of transportation projects, as these components often provide important safety and other benefits to projects. Metro Cities supports further research into the policy implications for electric and automated vehicles on roadways, transit, and other components of transportation systems. Metro Cities encourages the state to study the impact of electric and automated vehicles on transportation related funding and policies. 5-B Regional Transit System The Twin Cities Metropolitan Area needs a multi-modal regional transit system as part of a comprehensive transportation strategy that serves all users, including commuters and the transit dependent. The transit system should be composed of a mix of high occupancy vehicle (HOV) lanes, high occupancy toll (HOT) lanes, a network of bike and pedestrian trails, bus rapid transit, express and regular route bus service, exclusive transit ways, light rail transit, streetcars, and commuter rail corridors designed to connect residential, employment, retail, and entertainment centers. The system should be regularly monitored and adjusted to ensure that routes of service correspond to current and forecasted changes in the region’s transit service needs and priorities. Metro Cities supports strategic expansion of the regional transit system. Current congestion levels and forecasted population growth require a stable, reliable, and growing source of revenue for transit construction and operations so that our metropolitan region can meet its transportation needs to remain economically competitive. Metro Cities supports an effective, efficient, and comprehensive regional transit system as an invaluable component in meeting the multimodal transportation needs of the metropolitan region and to the region’s economic vibrancy and quality of life. Metro Cities recognizes that transit service connects residents to jobs, schools, health care, and activity centers. Transit access and service frequency levels should recognize the role of public transit in addressing equity, including but not limited to racial and economic disparities, people with disabilities and the elderly. Metro Cities supports efforts to transition the fleets of transit providers in the metropolitan region to low or zero emission buses and supports using equity and environmental criteria identified in transit providers’ zero emission bus transition plans to prioritize the deployment of zero or low-emission buses. Metro Cities opposes statutory changes restricting the use of local funds for planning or construction of transit projects. Restricting local planning and funding limits the ability of cities to participate in transit corridor planning and development. State and regional 62 Transportation 2024 Legislative Policies policymakers must coordinate with local units of government as decisions are made at the state level on transit projects that also involve municipal planning, funding, and policy decisions. In the interest of including all potential options in the pursuit of a regionally balanced transit system, Metro Cities opposes the imposition of legislative moratoriums on the study, planning, design, or construction of specific transit projects. Metro Cities supports a regional governance structure that ensures a measurably reliable and efficient system, recognizes the diverse transit needs of our region and addresses funding needs for all components of the system. These structures must work with and be responsive to the needs of the communities they serve. Metro Cities supports an open and collaborative regional transportation planning process that fully engages all public transit providers as partners in ongoing policy development to achieve desired outcomes, including establishment of transit project criteria that promote fair and equitable selection of projects throughout the region and transparent regional distribution of available funding. Metro Cities recognizes the need for flexibility in transit systems for cities that border the edges of the seven-county metropolitan area to ensure users can get to destinations outside of the seven-county area. Metro Cities encourages the Metropolitan Council to coordinate with collar counties so that riders can get to and from destinations beyond the boundaries of the region. Metro Cities is opposed to legislative or Metropolitan Council directives that constrain the ability of metropolitan transit providers to provide a full range of transit services, including reverse commute routes, suburb-to-suburb routes, transit hub feeder services or new, experimental services that may show a low rate of operating cost recovery from the fare box. Metro Cities strongly supports the autonomy of suburban transit providers to conduct operations to meet demonstrated and unique needs in their designated service areas independent from the operations of other regional transit providers. Metro Cities supports the ability of a new window to be established for cities to opt out of Metro Transit to either partner with or join an existing suburban transit provider or to establish their own transit service. Suburban transit providers are concerned that funding challenges may be used to attempt to justify a repeal of their authorizing legislation and to consolidate transit services into a single regional entity. This would result in reverting to conditions existing nearly 40 years ago when inadequate service caused twelve suburbs to elect not to be part of the traditional transit system. In the interest of safety and traffic management, Metro Cities supports further study of rail safety issues relating to water quality protections, public safety concerns relating to derailments, traffic implications from longer and more frequent trains and the sensitive balance between rail commerce and the quality-of-life impacts on the communities through which they pass. 63 Transportation 2024 Legislative Policies 5-C Transit Financing Shifting demographics in the metropolitan region will mean increased demand for various modes of transit in areas with and without current transit service. MVST revenue projections are unpredictable, and the Legislature has repeatedly reduced general fund support for Metro Transit, which contributes to persistent operating deficits for regional transit providers. Operating subsidies necessary to support a regional system should come from regional and statewide funding sources and not local taxpayers. Until recently, state and regional resources for transit had diminished, with costs shifting to local taxpayers in the metropolitan area. A system of transit provides significant economic benefits to the state and metropolitan region and must be supported with state and regional revenue sources. In addition, capital costs for the expansion of the regional transit system should be supported through state and regional sources, and not the sole responsibility of local units of government. In 2023, a 0.75% regional sales and use tax in the seven county metropolitan region was established to provide funding for transit operations, maintenance, capital projects. Metro Cities supports stable and predictable state and regional revenue sources to fund operating and capital expenses for all regional transit providers and Metro Mobility at a level sufficient to meet the growing operational and capital transit needs of the region and to expand the system to areas that lack sufficient transit service options. Metro Cities continues to support an advisory role for municipal officials in decisions associated with local transit projects. Metro Cities supports the early engagement of local governments in transit project planning and development including project scoping, cost estimating, funding requests and coordination with overlapping initiatives to achieve successful corridor-based projects. To promote stable and predictable distribution of Regional Transportation Sales and Use Tax receipts, Metro Cities supports a collaborative process by which the Metropolitan Council includes stakeholders in the creation of policy guiding the distribution of funds. Metro Cities supports the creation of a city allocation from the Regional Transportation Sales Tax to aid cities with local transportation infrastructure. 5-D Street Improvement Districts Funding sources for local transportation projects are limited to the use of Municipal State Aid Street Program (MSAS), property taxes and special assessments. With increasing pressures on city budgets and limited tools and resources, cities are finding it increasingly difficult to maintain aging streets. Street improvement districts allow cities in developed and developing areas to fund new construction as well as reconstruction and maintenance efforts. 64 Transportation 2024 Legislative Policies The street improvement district is designed to allow cities, through a fair and objective fee structure, to create a district or districts within the city in which fees are raised on properties in the district and spent within the boundaries of the district. Metro Cities supports the authority of local units of government to establish street improvement districts. Metro Cities also supports changes to special assessment laws to make assessing state-owned property a more predictable process with uniformity in the payment of assessments across the state. 5-E Highway and Bridge Turn Backs & Funding Cities do not have the financial capacity and in many cities the technical expertise other than through significant property tax increases, to absorb additional roadway or bridge infrastructure responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turn backs. Metro Cities supports jurisdictional reassignment or turnback of roads (Minn. Stat. § 161.16, subd. 4) on a phased basis using functional classifications and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continued maintenance. Metro Cities does not support a wholesale turnback of county or state roads or bridges without the consent of the municipality and the total cost, agreed to by the municipality, being reimbursed to the city in a timely manner. The process for establishing state policies to assign a shared cost participation for newly constructed or rebuilt bridges over trunk highways to local officials, must include input by the local municipalities affected, and any assigned shared costs and responsibilities must be agreed to by the municipalities. 5-F “3C” Transportation Planning Process: Elected Officials’ Role The Transportation Advisory Board (TAB) was developed to meet federal requirements, designating the Metropolitan Council as the organization that is responsible for a continuous, comprehensive, and cooperative (3C) transportation planning process to allocate federal funds among metropolitan area projects. Input by local officials into the planning and prioritization of transportation investments in the region is a vital component of these processes. Metro Cities supports continuation of the TAB with a majority of locally elected municipal officials as members and participating in the process. 5-G Electronic Imaging for Enforcement of Traffic Laws Enforcement of traffic laws with cameras and other motion imaging technology has been demonstrated to improve driver compliance and safety. 65 Transportation 2024 Legislative Policies Metro Cities supports cities having the authority to use such technology, including photos and videos, to enforce traffic laws. 5-H Transportation Network Companies and Alternative Transportation Modes The introduction of transportation network companies (TNC) such as Lyft and Uber, vehicle sharing and other wheeled transportation modes such as bicycles and scooters, require the need for local officials to determine licensing and inspection requirements for these modes, and to address issues concerning management over public rights-of-way. Cities have the authority to license rideshare companies, inspect vehicles, license drivers, and regulate access to sidewalks and streets. The use of autonomous delivery robots and aerial drones in public rights-of-way is also becoming more prevalent and cities must maintain and enhance the authority necessary to regulate the use of these vehicles to ensure safe use of the public right of way. Metro Cities supports the authority of local officials to regulate and establish fees on these transportation modes. Emerging and future transportation technologies have potentially significant implications for local public safety and local public service levels, the needs and impacts of which vary by community. 5-I Airport Noise Mitigation Communities closest to MSP and reliever airports are significantly impacted by noise, traffic, and other numerous expansion-related issues. Metro Cities supports the broad goal of providing MSP-impacted communities greater representation on the Metropolitan Airports Commission (MAC). Metro Cities encourages continued communication between MAC commissioners and the cities they represent. Balancing the needs of the MAC, the business community, and the airport host cities and their residents requires open communication, planning and coordination. Cities must be viewed as partners with the MAC in resolving differences that arise out of airport projects and the development of adjacent parcels. Regular contact between the MAC and cities throughout a project proposal process will enhance communication and problem solving. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights in and out of MSP. Metro Cities supports noise abatement programs and expenditures and the work of the Noise Oversight Committee to minimize the impacts of MAC operated facilities on neighboring communities. The MAC should determine the design and geographic reach of these programs only after a thorough public input process that considers the priorities and concerns of impacted cities and their residents. The MAC should provide full funding for noise mitigation for all structures in communities impacted by flights in and out of MSP. 66 Transportation 2024 Legislative Policies 5-J Funding for Non-Municipal State Aid (MSAS) City Streets Cities under 5,000 in population are not eligible for Municipal State Aid. Cities over 5,000 residents have limited eligibility for dedicated Highway User Tax Distribution Fund dollars, which are capped by the state constitution as being available for up to twenty percent of streets. Current County State Aid Highway (CSAH) distributions to metropolitan counties are inadequate to provide for the needs of smaller cities in the metropolitan area. Cities need long-term, stable, funding for street improvements and maintenance. In 2023, the Legislature established the Transportation Advancement Account which distributes revenue from the retail delivery fee and the auto parts sales tax to counties, cities, townships, and a food delivery support account. Specifically, this account will distribute 27 percent of the revenue collected to cities under 5,000 in population and 15 percent to cities over 5,000 in population. Metro Cities supported the distribution of revenue deposited into the Transportation Advancement Account to cities, providing sustainable funding for non-MSAS city streets. Metro Cities supports additional resources and flexible policies to meet local infrastructure needs and increased demands on city streets. 5-K County State Aid Highway (CSAH) Distribution Formula Significant resource needs remain in the metropolitan area CSAH system. Revenues provided by the Legislature for the CSAH system have resulted in a higher number of projects being completed. However, greater pressure is being placed on municipalities to participate in cost sharing activities, encumbering an already over-burdened local funding system. When the alternative is not building or maintaining roads, cities bear not only the costs of their local systems but also as much as fifty percent of county road projects. Metro Cities supports special or additional funding for cities that have burdens of additional cost participation in projects involving county roads. Although only 5 percent of CSAH roads are in the metropolitan area, they account for nearly 37 percent of the vehicle miles traveled. The CSAH formula passed by the Legislature in 2008 helped to better account for needs in the metropolitan region but additional resources for the region are needed. Metro Cities supports a new CSAH formula more equitably designed to fund the needs of our metropolitan region. 5-L Municipal Input/Consent for Trunk Highways and County Roads State statutes direct the Minnesota Department of Transportation (MnDOT) to submit detailed plans, with city cost estimates, at a point one-and-a-half to two years prior to bid letting, at which time public hearings are held for community input. If MnDOT does not concur with requested changes, it may appeal. Currently, that process would take a maximum of three and a half months and the results of the appeals board are binding on both the city and MnDOT. 67 Transportation 2024 Legislative Policies Metro Cities supports the municipal consent process and opposes changes to weaken municipal consent or adding another level of government to the consent process. Metro Cities opposes changes to current statutes that would allow MnDOT to disregard the appeals board ruling for state trunk highways. Such a change would significantly minimize MnDOT’s need to negotiate in good faith with cities for appropriate project access and alignment and would render the public hearing and appeals process meaningless. Metro Cities also opposes the elimination of the county road municipal consent and appeal process for these reasons. 5-M Plat Authority Current law grants counties review and comment authority for access and drainage issues for city plats abutting county roads. Metro Cities opposes any statutory change that would grant counties veto power or that would shorten the 120-day review and permit process time. 5-N MnDOT Maintenance Budget The state has failed in its responsibility for maintaining major roads throughout the state by requiring, through omission, that cities bear the burden of maintaining major state roads. MnDOT should be required to meet standards adopted by cities through local ordinances, or reimburse cities for labor, equipment and material used on the state’s behalf to improve public safety or meet local standards. Furthermore, if a city performs maintenance, the city should be fully reimbursed. Metro Cities supports MnDOT taking full responsibility for maintaining state-owned infrastructure and property, including, but not limited to, sound walls and right of way within city limits. Metro Cities supports cooperative agreements between cities and MnDOT, which have proven to be effective in other parts of the state. Metro Cities supports adequate state funding for the maintenance of state rights-of-way. 5-O Transit Taxing District The transit taxing district, which funds the capital cost of transit service in the Metropolitan Area through the property tax system, is inequitable. Because the boundaries of the transit taxing district do not correspond with any rational service line nor is being within the boundaries a guarantee to receive service, cities within and outside of the taxing district are contributing unequally to the transit service in the metropolitan area. This inequity should be corrected. Metro Cities supports a stable revenue source to fund both the capital and operating costs for transit at the Metropolitan Council. However, Metro Cities does not support the 68 Transportation 2024 Legislative Policies expansion of the transit taxing district without a corresponding increase in service and an overall increase in operational funds. To do so would create additional property taxes without a corresponding benefit. 5-P Complete Streets A complete street may include sidewalks, bike lanes (or wide paved shoulders), special bus lanes, comfortable and accessible public transportation stops, frequent and safe crossing opportunities, median islands, accessible pedestrian signals, curb extensions, narrower travel lanes and more. A complete street in a rural area will differ from a complete street in a highly urban area, but both are designed to balance safety and convenience for everyone using the road. Metro Cities supports options in state design guidelines for complete streets that would give cities greater flexibility to: •Safely accommodate all modes of travel. •Lower traveling speeds on local streets. •Address city infrastructure needs. •Ensure livability in the appropriate context for each city. Metro Cities opposes state-imposed mandates that would increase street infrastructure improvement costs in locations and instances where providing access for alternative modes including cycling and walking are deemed unnecessary or inappropriate as determined by local jurisdictions. 69 Name Title OrganizationDaniel Buchholtz City Administrator Spring Lake ParkCasey Casella Management Analyst Savage Jim Dickinson City Administrator Andover Lori Economy-Scholler Chief Financial Officer Bloomington Greg Evansky Councilmember Victoria Inderia Falana Government Relations Representative Minneapolis Ryan Garcia City Administrator South St. Paul LaTonia Green Finance Director Brooklyn Park *Dana Hardie City Manager Victoria **Alex Hassel IGR Representative League of MN Cities Chris Heineman City Administrator Little Canada Laurie Hokkanen City Manager Chanhassen Mike Huang Councilmember Chaska Steven Huser Government Relations Representative Minneapolis Tom Lawell City Administrator Apple Valley **Daniel Lightfoot IGR Representative League of MN Cities Kristi Luger City Manager Excelsior Madeline Mitchell Senior Budget Analyst St. Paul Darin Nelson Finance Director Minnetonka Justin Olsen Councilmember Cottage Grove Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Gillian Rosenquist Councilmember Golden Valley Cara Schulz Councilmember Burnsville Steven Stahmer City Administrator Rogers Katie Topinka IGR Director Minneapolis Christina Volkers City Administrator Oakdale *Committee Chair **Guest/Non-City Official 2023 Municipal Revenues Committee Members 70 Joe Amerman Economic Development Manager Maple Grove Brett Angell Community Development Director Rogers Karen Barton Community Development Director St. Louis Park Tara Beard Housing Director St. Paul Tim Benetti Community Development Director Apple Valley Josh Berg Councilmember Elko New Market Kim Berggren Community Development Director Brooklyn Park Jenn Brewington Community & Economic Development Director Victoria Kirt Briggs Mayor Prior Lake Connie Buesgens Councilmember Columbia Heights *Heather Butkowski City Administrator Lauderdale Aaron Chirpich Community Development Director Columbia Heights Jeffrey Dahl City Manager Wayzata Samantha DiMaggio Economic Development Manager Chanhassen Inderia Falana Government Relations Representative Minneapolis Ryan Garcia City Administrator South St. Paul Andrew Gitzlaff Community Development Director Oakdale Tom Goodwin Councilmember Apple Valley Ben Gozola Asst. Director of Community Assets and Development New Brighton Derek Gunderson Councilmember Victoria Janice Gundlach Community Development Director Roseville Maurice Harris Councilmember Golden Valley **Alex Hassel IGR Representative League of MN Cities Stephanie Hawkinson Affordable Housing Development Manager and Planning Edina Chris Heineman City Administrator Little Canada Steven Huser Government Relations Representative Minneapolis Cheryl Jacobson City Administrator Mendota Heights Marvin Johnson Mayor Independence Daniel Lightfoot** IGR Representative League of MN Cities Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Danette Parr Community Development Director Maplewood Eric Petersen IGR Director St. Paul **Richard Paul Julie Pointner Councilmember Plymouth Rebecca Schack Councilmember Minnetonka Cara Schulz Councilmember Burnsville Eric Searles Asst. Community Development Director Woodbury Alex Sharpe Planner & Economic Development Specialist Apple Valley Tracy Shimek Housing & Economic Development Coordinator White Bear Lake Cherie Shoquist Housing & Economic Development Manager Golden Valley Lori Sommers Senior Planner Plymouth Mike Supina Councilmember Eagan Jeff Thomson Community Development Director Burnsville Katie Topinka IGR Director Minneapolis 2023 Housing & Economic Development Committee Members 71 Julie Urban Housing & Redevelopment Manager Richfield Jason Wedel City Manager Prior Lake Kimberly Wilburn Councilmember Minnetonka Julie Wischnack Community Development Director Minnetonka *Committee Chair **Guest/Non-City Official 72 Name Title OrganizationKristy Barnett Councilmember Maple Grove Josh Berg Councilmember Elko New Market Deb Calvert Councilmember Minnetonka Macheal Collins City Clerk Burnsville Jim Dickinson City Administrator Andover Inderia Falana Government Relations Representative Minneapolis Thomas Fletcher Councilmember Greenwood Mike Funk City Manager Minnetonka *Gary Hansen Councilmember Eagan **Alex Hassel IGR Representative League of MN Cities Steven Huser Government Relations Representative Minneapolis Cheryl Jacobson City Administrator Mendota Heights Elizabeth Kautz Mayor Burnsville Gregg Lindberg City Manager Burnsville Amada Marquez Simula Mayor Columbia Heights Deb McMillan Mayor Victoria Hugo McPhee Assistant City Manager Burnsville Alyssa Nelson Assistant City Manager Victoria Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Eric Petersen IGR Director St. Paul Katie Rodriguez City Manager Richfield Jay Stroebel City Manager Brooklyn Park Michael Sund Civic Engagement Coordinator St. Louis Park Katie Topinka IGR Director Minneapolis Nyle Zikmund City Administrator Mounds View 2023 Metropolitan Agencies Committee Members *Committee Chair**Guest/Non-City Official 73 2023 Transportation & General Government Committee Members Name Title Organization Kristin Asher Public Works Director Richfield Josh Berg Councilmember Elko New Market Kissy Coakley Councilmember Minnetonka Inderia Falana Government Relations Representative Minneapolis Jesse Farrell City Engineer Oakdale **Anne Finn IGR Director League of MN Cities Thomas Fletcher Councilmember Greenwood Gary Hansen Councilmember Eagan **Alex Hassel Intergovernmental Relations Representative League of MN Cities Sean Hayford Oleary Councilmember Richfield Debra Heiser Engineering Director St. Louis Park Steven Huser Government Relations Representative Minneapolis **Craig Johnson IGR Representative League of MN Cities Dan Kealey Councilmember Burnsville Brad Larson City Administrator Savage **Daniel Lightfoot IGR Representative League of MN Cities Brent Mareck City Manager Carver Amáda Márquez Simula Mayor Columbia Heights Mary McComber Mayor Oak Park Heights Hugo McPhee Deputy City Manager Burnsville Justin Miller City Administrator Lakeville Alyssa Nelson Assistant City Manager Victoria Heidi Nelson City Administrator Maple Grove Kari Niedfeldt-Thomas Mayor New Brighton Loren Olson Senior Government Relations Representative Minneapolis **Hannah Pallmeyer Government Affairs Liaison Metropolitan Council Chelsea Petersen Assistant City Administrator Shakopee Eric Petersen IGR Director St. Paul Nick Peterson City Engineer St. Paul Andy Reiff Councilmember Victoria Dan Ruiz Public Works Director Brooklyn Park Dave Shoger Public Works Director Victoria *Michael Thompson Public Works Director Plymouth Katie Topinka IGR Director Minneapolis Patrick Trudgeon City Manager Roseville Wally Wysopal City Manager Fridley Nyle Zikmund City Administrator Mounds View *Committee Chair **Guest/Non-City Official 74 Date: January 2, 2024 Agenda Item #: IX.A. To:Mayor and City Council Item Type: Minutes From:Liz Moore, Engineering Coordinator Item Activity: Subject:Minutes: Energy & Environment Commission, November 9, 2023 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None; information only. INTRODUCTION: Receive the November 9, 2023, minutes of the Energy & Environment Commission. ATTACHMENTS: Description EEC Minutes: Nov 9, 2023 Agenda Energy and Environment Commission City Of Edina, Minnesota City Hall - Community Room Meeting will take place in person. Masks are optional. Thursday, November 9, 2023 7:00 PM I.Call To Order Chair Martinez called the meeting to order at 7:02pm. II.Roll Call Answering roll call were Chair Martinez, Vice Chair Lukens, Commisioners Haugen, Weber, Lanzas, Hovanec, Tessman, Schima, Dakane, and Student Commissioners Pugh and Langsweirdt. III.Approval Of Meeting Agenda Motion by John Haugen to Approve Meeting Agenda. Seconded by Teri Hovanec. Motion Carried. IV.Approval Of Meeting Minutes Motion by Teri Hovanec to Approve Meeting Minutes. Seconded by Hilda Martinez Salgado. Motion Carried. A.Minutes: Energy and Environment Commission Oct 12, 2023 V.Community Comment No community comment was received During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to staff for consideration at a future meeting. VI.Reports/Recommendations A.Advisory Communication: Organized Trash Collection Motion by Teri Hovanec to Approve Advisory Communication: Organized Trash Collection. Seconded by Cory Lukens. Motion Carried. B.Review & Recommend: Commercial Tree Ordinance Commissioner Huagen will present to Council at a future meeting Motion by Stephen Schima to Approve Commercial Tree Ordinance. Seconded by Hilda Martinez Salgado. Motion Carried. VII.Chair And Member Comments Chair Martinez thanked Staff Liaison Hancock for her service. VIII.Staff Comments Liaison Hancock shared the hiring plan for the new Sustainability Manager Liaison Hancock thanked the EEC for the chance to work together, as Hancock leaves the City for another position. IX.Adjournment The EEC meeting adjourned at 7:50pm. Motion by Cory Lukens to Motion. Seconded by Teri Hovanec. Motion Carried. T he City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: January 2, 2024 Agenda Item #: IX.B. To:Mayor and City Council Item Type: Minutes From:Andrew Scipioni, Transportation Planner Item Activity: Subject:Minutes: Transportation Commission, November 16, 2023 Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Receive the minutes of the Transportation Commission's November 16, 2023 regular meeting. ATTACHMENTS: Description Minutes: Transportation Commission, November 16, 2023 Draft Minutes☐ Approved Minutes☒ Approved Date: December 21, 2023 Minutes City Of Edina, Minnesota Transportation Commission City Hall Community Room November 16, 2023 I. Call To Order Chair Lewis called the meeting to order at 6:01 p.m. II. Roll Call Answering roll call: Commissioners Bildsten, Brown, Johnson, Olson, Plumb-Smith, Rubenstein, Wright, Lewis Late: Commissioners McCarthy, Karoussos Absent: Commissioner Donnelly Staff present: Transportation Planner Andrew Scipioni Commissioner Karoussos arrived at 6:03. III. Approval of Meeting Agenda Motion was made by Commissioner Bildsten and seconded by Commissioner Wright to approve the agenda with an amendment to add Item VI. F Organized Trash Collection. All voted aye. Motion carried. IV. Approval of Meeting Minutes Motion was made by Commissioner Johnson and seconded by Brown to approve the October 26, 2023 meeting minutes. All voted aye. Motion carried. V. Community Comment Jeannette Gadeberg, 5424 France Avenue, testified about Item B4 on the Traffic Safety Report of October 31, 2023. Gadeberg shared concerns that cars don’t stop for pedestrians when the lights are flashing and requested the return of the in-street pedestrian signs. Gadeberg encouraged Commissioners to see the situation for themselves any day after 3:30 pm or Saturday mornings, and suggested that the 50th & France District be given special consideration in the City’s pedestrian crossing policy. Commissioner McCarthy arrived at 6:09. Joe Whetstone, 6130 Beard Place, testified about Item B5 on the Traffic Safety Report of October 31, 2023. Whetstone noted that the City narrowed the streets in the neighborhood a few years ago, creating hardship for residents. When cars are parked on both sides, the street effectively becomes a one-way street. Whetstone shared concerns about emergency vehicle access and noted the limited parking at the Strachauer Park surface lot. Whetstone requested temporary no-parking signs during soccer season. Commissioner McCarthy left at 6:21. Draft Minutes☐ Approved Minutes☒ Approved Date: December 21, 2023 VI. Reports/Recommendations A. Traffic Safety Report of October 31, 2023 The Commission reviewed and commented on the Traffic Safety Report of October 31, 2023. • Item B3: Request to slow traffic on Eden Avenue west of Arcadia Avenue roundabout Motion was made by Commissioner Lewis and seconded by Commissioner Rubenstein to recommend placing a speed limit sign facing westbound traffic between the roundabout and the CP Rail bridge. All voted aye. Motion carried. Commissioner McCarthy returned at 6:25. • Item B5: Request for parking restrictions on Beard Place Motion was made by Commissioner McCarthy and seconded by Commissioner Wright to recommend one-sided parking on Beard Place north of W 62nd Street. Motion was amended by Commission McCarthy and seconded by Commissioner Lewis to also recommend that staff evaluate on-street parking on W 62nd Street. All voted aye. Motion carried. All voted aye. Motion carried. B. France Avenue Corridor Review The Commission reviewed and commented on the draft France Avenue Corridor Review report. Commissioner Lewis left at 7:23. Commissioner Lewis returned at 7:28. Commissioner Karoussos left at 7:54. Commissioner Karoussos returned at 7:56. C. Boulevard Tree Planting The Commission reviewed and commented on the draft Boulevard Tree Planting report. Commissioner Johnson left at 8:06. Commissioner Johnson returned at 8:09. Motion was made by Commissioner Lewis and seconded by Commissioner Bildsten to approve the Boulevard Tree Planting report with edits. All voted aye. Motion carried. D. Response to Community Comment The Commission reviewed and commented on draft handout language and suggested edits from staff. Motion was made by Commissioner Bildsten and seconded by Commissioner McCarthy to approve the Response to Community Comment handout with staff edits. All voted aye. Motion carried. Draft Minutes☐ Approved Minutes☒ Approved Date: December 21, 2023 E. 2023 Work Plan Updates • #1 Pedestrian Crossing Policy Review – Subcommittee will present a draft report at the next meeting. • #2 Bicycle Network Planning for Bikes as Transportation – Subcommittee will present a draft report at the next meeting. • #3 France Avenue Corridor Review – Commission reviewed draft report. Subcommittee will update the report and present at the next meeting for approval. • #4 Boulevard Tree Planting – Commission approved final report. • #5 Cahill Small Area Plan – Completed. • #6 Parking – Subcommittee met this week, next meeting is scheduled for January 9. • #7 Response to Community Comments – Commission approved handout language. F. Organized Trash Collection The Commission discussed the Energy & Environment Commission’s recent advisory communication on organized trash collection and staff’s upcoming presentation to City Council. Motion was made by Commissioner Lewis and seconded by Commission Plumb-Smith to approve an advisory communication to City Council on the topic of organized trash collection. All voted aye. Motion carried. VII. Chair and Member Comments – Received. VIII. Staff Comments A. 2024 Work Plan Update Liaison Scipioni provided an update on the 2024 work plan development process. IX. Adjournment Motion was made by Commissioner Johnson and seconded by Commissioner Plumb-Smith to adjourn the November 16, 2023 regular meeting at 8:51 p.m. All voted aye. Motion carried. Draft Minutes☐ Approved Minutes☒ Approved Date: December 21, 2023 TRANSPORTATION COMMISSION ATTENDANCE J F M A M J J A S O N D # of Mtgs Attendance % Meetings 1 1 1 1 1 1 1 1 1 1 1 11 SEAT NAME 1 Wright, Grant 1 1 1 1 1 1 1 1 1 9 100% 2 Rubenstein, Tricia 1 1 1 1 1 1 1 1 1 9 82% 3 Bildsten, Roger 1 1 1 1 1 1 1 1 1 9 100% 4 Lewis, Andy 1 1 1 1 1 1 1 1 1 1 10 91% 5 Johnson, Kirk 1 1 1 1 1 1 1 1 8 73% 6 Brown, Chris 1 1 1 1 1 1 1 1 1 9 82% 7 Olson, Bethany 1 1 1 1 4 80% 8 McCarthy, Bruce 1 1 1 1 1 1 1 1 8 73% 9 Plumb-Smith, Jill 1 1 1 1 1 1 1 1 1 9 82% 10 Donnelly, Sam (s) 1 1 33% 11 Karoussos, Evangelia (s) 1 1 2 67% Date: January 2, 2024 Agenda Item #: IX.C. To:Mayor and City Council Item Type: Advisory Communication From:Perry Vetter, Parks & Recreation Director Item Activity: Subject:Parks and Recreation Commission 2023 Work Plan initiative 1.6.4: Alternative Funding Sources Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Receive study and report from Parks and Recreation Commission 2023 Work Plan Initiative 1.6.4 Alternative Funding Sources. INTRODUCTION: The Parks and Recreation Commission 2023 Work P lan includes Initiative 1.6.4 on Alternative Funding Sources. This item was reviewed by the entire commission and approved by motion at the November 13, 2023 meeting. ATTACHMENTS: Description PARC Study and Report 1.6.4 Alternative Funding Sources Date: To: Mayor & City Council From: Parks and Recreation Commission Subject: Receive annual work plan report on Alterative Funding Sources Approved Work Plan Item: X Yes No Council Charge: X 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide Items not on the approved work plan: Council action is rarely taken mid-year for items not on the current approved work plan. Action is only taken if Council chooses to discuss the Advisory Communication at the Council meeting and provides specific direction through a Council vote. Commissions are encouraged to submit new initiative proposals through the annual work plan process. Action Requested: Receive Study and Report for Initiative 1.6.4 Alternative Funding Sources Situation: This report reflects the Park & Recreation Commission’s recommendations on potential alternative funding sources for improvements related to parks, park facilities, and enterprise operations. The report includes input from Park & Recreation Commissioners, City Staff and relevant external resources on this topic. Recommendation: The Parks and Recreation Commission approved the following report via unanimous motion at their November 13, 2023 regular meeting. Edina Parks and Recreation Commission Report and Recommendations on Alternative Funding Strategies Background The Parks and Recreation Commission participates in park planning, reviews operations of parks and facilities and advises the City Council on policies, parks, programs, and facilities. Annually the commission sets a work plan that includes initiatives to support that charge. For 2023 Initiative 1.6.4 calls for the commission to: Report and provide recommendations on alternative funding sources for park related improvements including parks, facilities, and enterprise upgrades. The report will include a philanthropic wish list. The initiative type is a Project, and the City Council Charge is a Study and Report. Contents Background .......................................................................................................................................................................... 1 Introduction ........................................................................................................................................................................ 3 Fiscal Lifecycle Projection Need .................................................................................................................................... 3 Alternate Funding Strategies – Research List ............................................................................................................. 4 Special Service District: ............................................................................................................................................... 4 Business Improvement District: ................................................................................................................................. 4 Tax Increment Financing Districts: ........................................................................................................................... 4 Sales and Use Tax: ........................................................................................................................................................ 5 General Obligation Bond: ........................................................................................................................................... 5 Levy on Property Tax: ................................................................................................................................................. 5 Special Purpose Levies: ................................................................................................................................................ 6 Capitalizing Maintenance Costs: ................................................................................................................................ 6 Park Dedication Fee: .................................................................................................................................................... 6 Development Impact Fees: ......................................................................................................................................... 6 Edina Law: ....................................................................................................................................................................... 7 Philanthropy .................................................................................................................................................................... 7 Naming Rights/Sponsorships: ..................................................................................................................................... 8 Round up for Parks ....................................................................................................................................................... 8 Legacy Funds .................................................................................................................................................................. 8 Infrastructure Grants ................................................................................................................................................... 9 Hennepin County Youth Sports Grant .................................................................................................................... 9 Enterprise Fund Activities ........................................................................................................................................... 9 Revenue Generating Activities ................................................................................................................................. 10 Sell Park Land for Private Purposes ........................................................................................................................ 10 Sell or Cease Operating Certain Facilities or Amenities with Low Value and Unfunded Projects ......... 10 Sell Park Equipment Assets ....................................................................................................................................... 11 Summary of Alternate Strategy Options .................................................................................................................... 12 Park and Recreation Commission Recommendations ............................................................................................ 13 Funding Park Infrastructure ...................................................................................................................................... 13 Future Funding ............................................................................................................................................................. 13 Introduction This report reflects the Park & Recreation Commission’s recommendations on potential alternative funding sources for improvements related to parks, park facilities, and enterprise operations. The report includes input from Park & Recreation Commissioners, City Staff and relevant external resources on this topic. Fiscal Lifecycle Projection Need The following chart provides an overview of Asset Funding Projections for categories of funding need. 0 5 10 15 20 25 30 35 40 45 50 Athletic Assoc Improvements Braemar Arena Braemar Golf Course Braemar Park MP Braemar Sports Dome Centennial Lakes Park Edina Aquatic Center Edina Art Center Edinborough Park Fred Richards MP Park Rehabilitation Projects Park Shelter Replacements Playground Projects Senior Center Millions Asset Funding Projections Funded 2023-2028 Funded LOST Projected Funded 2029-2034 Unfunded Horizon - Unfunded Alternate Funding Strategies – Research List1 The following is a list of potential strategies that have been used to fund park operations and capital projects. This list was created in part from research by the Parks and Recreation Commission members, city staff, and the NRPA publication Closing the Gap: Public and Private funding Strategies for Neighborhood Parks. Special Service District: Under Minnesota Law, businesses or property owners within a designated area can request that a city authorize a Special Service District (SSD). Within this district, property owners and businesses pay a service charge that is used for special services, such as public improvements, operations, and maintenance. The revenue generated by SSDs is managed by the city. Minneapolis has several successful SSDs, including the Nicollet Mall District, the Hennepin Theater District, and the Chicago Avenue Mall District. Property owners within the outlined district must agree to authorize. Potential Edina Application: Traditionally SSD are considered an assessment and not a property tax. Threshold for establishing an SSD requires impacted property owners to agree to establish. Under current law capital expenses and certain operating expenses are eligible. Do Not Recommend Further Evaluation Business Improvement District: This public-private partnership collects additional taxes from businesses within a designated area. The fees are used for public improvement projects, based on the notion that a well-maintained public space will increase commerce for local businesses. Generally used in downtown areas, a Business Improvement District (BID) is a useful strategy for pooling revenue to support a common goal. Unlike an SSD, BID funding is managed by a nonprofit corporation created through the District. BIDs that have a role in park management have been successful in Philadelphia’s Center City, Washington, DC’s Downtown and in Bryant Park in New York City. Potential Edina Application: This is a complex option that would require investments in creating a non-profit that oversees a business district and public property and any related management. This is not an attractive mechanism and would not work at scale for the entire park system. Do Not Recommend Further Evaluation Tax Increment Financing Districts: Tax Increment Financing Districts (TIF) capture increases in property tax revenue within a designated geographic area and allocates it for a specific public improvement purpose. TIF revenue has been used towards park acquisition, maintenance, and improvements in certain cities. In the past, Millennium Park in Chicago received revenue from the Central Loop TIF and Portland, Oregon used a TIF to fund Pioneer Courthouse Square and Jamison Square. Potential Edina Application: For general planning purposes park projects are not eligible to use TIF funding. Certain park projects that are located within a TIF district may be eligible for TIF 1 Adapted from NRPA publication: Closing the Gap: Public and Private Funding Strategies for Neighborhood Parks funding if the project contributes to the public benefit. Typically, a park project is viewed as an accessory to and not the primary focus of the TIF project, that can at times limit park funding eligibility. This is not a short-term or long-term viable strategy of funding the entire park system. It can be evaluated for application on a case-by-case basis. Do Not Recommend Further Evaluation. Sales and Use Tax: Some cities and states allocate a percentage of local or statewide sales taxes specifically for parks. A general sales tax applies to a broad base of goods, which means that “a substantial amount of revenue can be generated with a relatively low tax rate. This keeps the burden on households low.” (Walls, 2013, p11) Other Minnesota cities have allocated local sales tax to park acquisition and improvement, including St. Cloud and Saint Paul (Trust for Public Land, 2008). 0.25 percent of Boulder sales tax revenue goes to open space and mountain parks while 1/10 of a cent of sales tax from St. Louis City, St. Louis County and St. Charles County funds the Great Rivers Greenway in St. Louis, Missouri. City parks in Kansas City, Missouri are funded with a half-cent sales tax and state parks in Minnesota and Arkansas are partially funded by a dedicated sales tax (Walls, 2014b). Potential Edina Application: Local Option Sales Tax for Fred Richards Park Master Plan and Braemar Park Master Plan and Braemar Arena Facility Improvements were approved November 2022. The tax is specific to those two master plans as determined by the State Legislature and the referendum process. The sales tax will expire when collection of funds reaches the project limit or 19 years, whichever is earlier. Phase II of the Braemar Park Master plan was not included in the MN Legislative recommendation and is currently authorized by the State Legislature. It would require an additional referendum vote that is scheduled for November 2023 election. As shown with use of this option for Fred Richards and Braemar, this option should continue to be considered for qualifying improvement projects, in particular for any future improvements needed at, for example, the Aquatic Center. General Obligation Bond: General obligation bonds are a tool used by local governments to borrow money. The bonds are guaranteed by the governing body’s full faith and credit and backed by property tax revenues. The city can use revenue generated from the sale of the general obligation bonds to fund a park project and repay the bonds and interest with property tax revenue. Potential Edina Application: A referendum would be required to issue GO bonds for park purposes. GO bonds traditionally have a lower rate as they are repaid by tax revenues. Recommend evaluation as a funding source—focus on funding that is needed and cannot be generated through a Local Option Sales Tax. Levy on Property Tax: Public agencies around the country receive funding through property tax revenues. State laws vary on how these funds can be used – whether they can be applied to operating costs or capital investments. 58% of the Seattle Park District’s 2015 budget came from property taxes. In Minneapolis, the Minneapolis Park and Recreation Board (MPRB) certified tax levies for 2015 constitute 18% of the City of Minneapolis’ total tax. Potential Edina Application: Often described as the General Fund or Capital Improvement Fund, general levy is a property tax revenue collected for operations and capital improvements during the adopted budget process. Many communities dedicate annual capital levy for park purposes. See footnote for Woodbury, MN and Minnetonka, MN Capital Improvement Programi. Recommend dedicating annual capital for park purposes in view of identified capital improvement needs with a focus on capital improvements that do not qualify for Local Option Sales Tax Special Purpose Levies: Public agencies, including parks, can receive funding through a tax levy designated for a specific purpose and generally for a limited period of time. Other cities have implemented a special purpose levy with a regular schedule for renewal so that the city is held accountable for delivering what is laid out in the levy. Potential Edina Application: The 2023-2028 Capital Improvement Program includes an additional special purpose levy to fund playground replacements and park shelter replacements. The City Council would revisit extending or adjusting that amount during the CIP process. There are currently four (City Gymnasium, Fire Station, Public Works Facility, and Sports Dome) other debt service fund levies that account for the payment of principal and interest of those projects. Capitalizing Maintenance Costs: Levies and bonds for new projects do not always account for the ongoing maintenance and operations funding that will be needed by those projects. By capitalizing maintenance costs, cities include those anticipated costs into the specific levy or bond proposal and then set the funding aside in an endowment to cover future costs (Rizzo, 2014; Byer & Bounds, 2012). Potential Edina Application: Not a recommended practice to bond for ongoing operational cost because the impact to the City’s debt rating is unknown and could be viewed as a negative to credit rating agencies. Park Dedication Fee: A park dedication fee requires that a portion of any housing or commercial/industrial development be dedicated to public use, in the form of parks, recreation facilities, playgrounds, etc. Alternatively, the development may pay cash in lieu of a land dedication, which would be put in a special fund and used for future park acquisition. Potential Edina Application: Current inability to capture new PDF is due to State Statute requiring process of a subdivision and a plat. Most of land in Edina has already been platted or subdivided which limits PDF collection. Do Not Recommend Further Evaluation. Development Impact Fees: Development Impact Fees (DIF) are one-time fees assessed on residential or commercial development based on the theory that growth pays for growth. Revenue garnered from IDFs are allocated towards public infrastructure, including parks. The Portland Parks and Recreation Department established such development fees, called a System Development Charge in Oregon, in 1998; funds from this revenue are used for land acquisition and capital improvements. Potential Edina Application: Limited and narrow application to set DIF. This would require specific circumstances and additional legal research. Do Not Recommend Further Evaluation. Edina Law: The Edina law is a special state legislation adopted in 1961 which authorizes the City to issue general obligation bonds to finance recreational facilities. From a 1998 legal opinion memo to the City: Section 1 of the law provides that the City can pledge to the payment of bonds issued to finance recreational facilities any defined portion or all of the revenues derived by the City from any of its recreational facilities and any defined portion or all of the net revenues derived from the municipal liquor stores. Section 4 of the law provides such bonds may be issued without an election if the following two conditions are met: 1. The revenues pledged to the payment of the bonds equaled or exceeding in the preceding fiscal year to maximum amount of principal and interest to come due in any future year on all bonds (including the proposed bonds to be issued) for which such revenues are pledged; and 2. An amount of the revenues pledged to the bonds equal to the average annual amount of such principal and interest is appropriated and paid into a sinking fund for the bonds, before the delivery of the bonds to the purchaser. Potential Edina Application: Current bonds issued under Edina Law are for Braemar Golf Course improvements, Braemar Sports Dome, and Edina Aquatic Center improvements. Recommend evaluating as a funding source—assess in view of options such as Local Option Sales Tax. Philanthropy The Central Park Conservancy is the leader of the philanthropic model across the park world. It was established in 1980 by New York City residents and came under the leadership of Betsy Barlow Rogers, who facilitated a largescale fundraising campaign to fund the restoration and renewal of Central Park. The Central Park Conservancy is a non-profit organization with a contract from New York City that gives it the legal obligation to oversee all aspects of park maintenance, capital improvements, and restoration. The Conservancy raises 75% of the park’s $65 million annual operating budget from private contributions, membership fees, and special events. While the Central Park Conservancy may be the most famous of the conservancies, this model has been adopted in parks across New York City including the Prospect Park Alliance and the Riverside Park Conservancy. Like the Central Park Conservancy, these non-profit organizations were established by local activists with the goal of repairing the deteriorating historic parks through private-public partnerships and fundraising. They are non-profit organizations holding contracts with the City to provide a variety of supportive services from programming to maintenance and management of the park. Potential Edina Application: City staff is prevented via MN State Statute from soliciting funding directly from potential donors. This option requires community members to initiate and manage the donative/fund generation process. Currently the Edina Crime Prevention Fund through community driven donations operates to provide philanthropic support the Edina Police Department for public safety initiatives. The Edina Community Foundation operates to receive funding from civic minded organizations and individuals but does not proactively fundraise on behalf of the City of Edina. Funds typically fall into three categories, unrestricted have no conditions on the way they are used, restricted must be for a specific purpose for which they are given, and permanently restricted is typically used as an endowment where the donated funds cannot be spent but the interest or a portion of the interest can be used for restricted or unrestricted purposes. This category should be considered a potential funding source, in particular, for project funding that is driven by community members. Initiation and management of philanthropic effort has to be community driven. Naming Rights/Sponsorships: Traditionally naming rights are secured to name a tangible property and a sponsorship is for an event, both are usually for a defined period, in exchange for a financial commitment. Potential Edina Application: The Human Rights and Relations Commission conducted a review of current naming/sponsorships and did not make a recommendation on updates. Staff would need additional research on if naming rights impact tax exempt status for financing or bonding. Recommend to evaluate as a funding source with a focus on enterprise operations, in particular, the Braemar Ice Arena. Round up for Parks Allow online or in person campaigns to round up sales for a certain project or purpose. Could be conducted at checkout on general recreation registration or other purchases, such as Edina Liquor stores. Funding capacity has not been studied nor the political feel of a round up approach. Potential to limit to special projects or periods in the year. Potential Edina Application: Current recreation software has the ability to implement this type of feature if pursued. There is uncertainty on potential for revenue generation or public perception to this strategy. Unknown whether this strategy would be impactful Recommend to evaluate as a funding source—consider a pilot program (checkout on general registration) to assess potential impact. Legacy Funds From Legacy.mn.gov website: In 2008, Minnesota’s voters passed the Clean Water, Land and Legacy Amendment (Legacy Amendment) to the Minnesota Constitution to: protect drinking water sources; to protect, enhance, and restore wetlands, prairies, forests, and fish, game, and wildlife habitat; to preserve arts and cultural heritage; to support parks and trails; and to protect, enhance, and restore lakes, rivers, streams, and groundwater. The Legacy Amendment increases the state sales tax by three-eighths of one percent beginning on July 1, 2009 and continuing until 2034. The additional sales tax revenue is distributed into four funds as follows: 33 percent to the clean water fund; 33 percent to the outdoor heritage fund; 19.75 percent to the arts and cultural heritage fund; and 14.25 percent to the parks and trails fund. Potential Edina Application: Most likely limited to either Arts and Culture Heritage Fund, or Outdoor Heritage fund. City of Edina has very limited access to these funds, unless partnering with another entity or non-profit, such as the Edina Historical Society, Edina Garden Council, etc. Do Not Recommend Further Evaluation at this time. Infrastructure Grants Grants are a typically not a method to fund ongoing operations or are they eligible for all facets of the park system. They would be considered a priority to apply for available funding but are traditionally very uncertain. Potential Edina Application: Staff applies for grant opportunities when circumstances align with the project type. Recommend City staff continues to identify and seek access to appropriate funding opportunities in this category. Hennepin County Youth Sports Grant Often referred to as the Twins Stadium funding, Hennepin County added a portion of the Twins Stadium tax to fund libraries and alternative recreation use grants. LGU’s are able to apply for medium sized grants to the MYSC. Athletic associations are able to apply through their LGU for small equipment grants. Grants are set to expire when the stadium debt obligation is fulfilled. These require matching funds and in-kind contributions often cannot be counted. Potential Edina Application: Potential grant mechanism evaluated on project merits externally, often requiring matching funding. Provides an opportunity to associations to improve park amenities that would improve their association use of said parks. Staff applies for grant opportunities when circumstances align with the project type. Recommend City staff continues to identify and seek access to appropriate funding opportunities in this category. Enterprise Fund Activities Funding Park and Recreation enterprise facilities by revenue-generating activities or increasing fees associated with City enterprise offerings decreases access to parks and programs for low-income residents. There is typically a gap between revenue generation and the facility operational and capital costs. Potential Edina Application: Edina has enterprise operations however they are operated on a cost recovery model and budget gaps have been covered by design from Edina Liquor profits. Recommend further evaluation and assessment for differential non-resident fee increases for enterprise activities while maintaining fee rates or implementing differentially lower fee rate increases for residents (e.g., Braemar golf course fees). Revenue Generating Activities Programming fee’s or charging a fee for use of park programs is a common strategy. Funding recreation programs by revenue-generating activities or increasing fees associated with City enterprise offerings can decrease access to parks and programs for low-income residents. Scholarships are often less effective, because fewer residents access them and volunteer programs in exchange for access tends to burden already stressed families. Potential Edina Application: Edina has a fee based recreational programming set of offerings to cover programmatic costs of use. Programs are traditionally priced to cover operational costs and not generate revenue to offset other system wide costs. There are also programs with no cost that have wider community benefit, such as warming house operations, concerts and certain events. Recommend further evaluation and assessment for differential non-resident fee increases for enterprise activities while maintaining fee rates or implementing differentially lower fee rate increases for residents (e.g., Braemar golf course fees). Sell Park Land for Private Purposes Selling park property or other city owned parcels to fund operations or capital needs is a strategy some communities have used. It has the potential to be a low impact and high effort endeavor based on anticipated community engagement required, but in certain scenarios may be worth considering. The Comprehensive Guild Plan has a goal of ensuring there is at least 15% of the land be park green space. The current percentage is approximately 15.8%. A parcel or land area would have to be evaluated based upon a set of criteria to determine if this option is viable. Considerations could include existing land use, adjacent property use, upland and wetland impacts, density of vegetation and trees, species of plants and animals and proximity to other parks and parkland. Potential Edina Application: A recent parcel was considered for private sale/use and the outcome formalized the parcel as a park due to community feedback. Each area of land would have to be evaluated to determine if this is a viable strategy. Recommend City staff continues to selectively identify opportunities in this category and respond to external inquiries, evaluating on a case-by-case basis, for sale of City land. Sell or Cease Operating Certain Facilities or Amenities with Low Value and Unfunded Projects Selling, the disposal of, or ceasing operation of certain facilities or amenities is a strategy certain communities have implemented to allow for redirecting funding to higher value, demand amenities. Typically, those amenities are transferred to regional park entities that have greater expertise or tax base to reinvest and repurpose these assets into a wider community scope of use. Recent examples are ice arenas and golf courses, where a local entity facility is now operated by regional or county level operations. Potential Edina Application: This strategy would require additional discussion and direction before an analysis could be projected. There would most likely be impacts to the community good balance of the values of the city. The application has the potential to allow for the redirection of funding to more utilized and sought after amenities. Recommend continued monitoring of this option in view of utilization, short- and long-term community amenity demand, and cost to operate. Sell Park Equipment Assets Selling park equipment assets to fund operations or capital needs is not a known or researched option. Typically this occurs only to dispose of an asset at the end of it’s useful lifecycle, such as vehicles or other resources as part of a replacement program. Potential Edina Application: Determining if equipment is to be sold off to associations or a school district would most likely be the end result of a discussion and analysis to stop providing a service or amenity, thereby vacating the space as a provider of that asset to the community. Recommend continued monitoring of this option in view of utilization, community amenity demand, and cost to operate. Summary of Alternate Strategy Options Strategy Do Not Recommend Recommend with Reservations Recommend Special Service District Business Improvement District Tax Increment Financing District Sales and Use Tax General Obligation Bond Levy on Property Tax Special Purpose Levy Capitalizing Maintenance Costs Park Dedication Fee Development Impact Fee Edina Law Philanthropy 2 Naming Rights/Sponsorships 3 Round Up for Parks 4 Legacy Funds Infrastructure Grants Grants – Hennepin Youth Sports Enterprise Fund Activities Revenue Generating Activities Sell Park Land for Private Purposes Sell Certain Facilities or Amenities with Low Value and Unfunded Projects Sell Park Equipment Assets 2 A Philanthropy option would require additional legal research and details to effectively move from a strategy to a potential policy consideration. 3 Naming Rights and Sponsorship options would require additional market condition research and details to effectively move from a strategy to a potential policy consideration. 4 A Round Up for Parks option would require additional logistical research and details to effectively move from a strategy to a potential policy consideration. Park and Recreation Commission Recommendations Funding Park Infrastructure -Local Option Sales Tax (LOST) – LOST is currently implemented to fund the Fred Richards Park Master Plan, Braemar Park Master Plan and Phase 1 of the Braemar Arena project. Phase II of the Braemar Arena, the expansion, will be determined based upon results of the Nov. 2023 referendum question. -State Bonding – The city has requested state bonding funds in the past. This should continue to be assessed as a funding source. -Special Levy – The City Council instituted a special levy to fund playground replacement and park shelter replacements beginning in the 2023 budget. There are currently other special levy being implemented for Public Works, Fire Station, City Gymnasiums, and Sports Dome. Future Funding -City Budget General Fund – begin to incrementally build dedicated park infrastructure funding into the City Budget. -Local Option Sales Tax – continue to identify and explore opportunities for LOST funding. -Naming rights possibilities – Braemar Ice Arena, Sports Dome and Golf Dome – Recreation enterprise facilities. -Several sources for smaller scale incremental funding – such as Round up for Parks, Grants, Legacy Funds and Friends of the Parks Foundation could be options. Research/Comparable Examples i Minnetonka, MN CIP Funding Table example Woodbury, MN CIP Funding Table example Traditional types of generally accepted accounting definitions related to recreational offerings. Date: January 2, 2024 Agenda Item #: IX.D. To:Mayor and City Council Item Type: Advisory Communication From:Perry Vetter, Parks & Recreation Director Item Activity: Subject:Parks and Recreation Commission 2023 Work Plan initiative 1.6.5: Comparable Community Parks / Recreational Opportunities Information CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Receive study and report from Parks and Recreation Commission 2023 Work Plan Initiative 1.6.5 Comparable Community Parks/Recreational Opportunities. INTRODUCTION: The Parks and Recreation Commission 2023 Work P lan includes Initiative 1.6.5 Comparable Community Parks/Recreational Opportunities. This item was reviewed by the entire commission and approved by motion at the December 12, 2023 meeting. ATTACHMENTS: Description PARC Study and Report 1.6.5 Comparable Community Parks Recreational Opportunities Date: January 2, 2024 To: Mayor & City Council From: Parks and Recreation Commission Subject: Receive annual work plan report on Comparable Community Parks/Recreational Opportunities Approved Work Plan Item: X Yes No Council Charge: X 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide Items not on the approved work plan: Council action is rarely taken mid-year for items not on the current approved work plan. Action is only taken if Council chooses to discuss the Advisory Communication at the Council meeting and provides specific direction through a Council vote. Commissions are encouraged to submit new initiative proposals through the annual work plan process. Action Requested: Receive Study and Report for Initiative 1.6.5 Comparable Community Parks/Recreational Opportunities Situation: This report reflects the Park & Recreation Commission’s study and report work plan initiative on Comparable Community Parks/Recreational Opportunities. Recommendation: The Parks and Recreation Commission approved the following report via unanimous motion at their December 12, 2023 regular meeting. Edina Bloomington Brooklyn Park Eden Prairie Golden Valley Hopkins Ice Arena Comparable Braemar Arena Bloomington Ice Garden Brooklyn Park Ice Arena Eden Prairie Community Center NA Hopkins Pavilion Operational Expense Rev Rev NA EL GF Capital Expense GF CIP NA Aquatic Center - Outdoor Pool Comparable Edina Aquatic Center Bloomington Family Aquatic Center NA NA NA Operational Expense Rev Rev NA NA NA Capital Expense Rev / Edina Law Bonding GF CIP NA NA NA Aquatic Center - Outdoor Lake NA NA NA NA NA Shady Oak Beach Operational Expense NA NA NA NA NA Rev GF Capital Expense NA NA NA NA NA GF CIP General Parks Comparable Operational Expense Rev GF GF GF Capital Expense GF CIP GF CIP GF CIP ML Recreation Programming Comparable Operational Expense Rev Rev Rev GF GF GFCapital Expense X X X Indoor Play Area Comparable Edinborough Park NA Prairie Play Zone Backyard Indoor Playground Operational Expense Rev NA Rev Rev GF Capital Expense Rev NA GF CIP Reserve Fund (Rev)ML Community Center Comparable NA Creekside Community Center Community Activity Center | Zanewood Recreation Center Eden Prairie Community Center Davis Community Center NA Operational Expense NA GF Rev Rev GF NA GF GF Capital Expense NA GF CIP GF CIP GF (split with school district)NA ML Art Center Comparable Edina Art Center Bloomington Center for the Arts NA Eden Prairie Art Center NA Hopkins Center for the Arts Arts and Culture Commission Operational Expense Rev NA EL Capital Expense NA Senior Center Comparable Edina Senior Center Brooklyn Park Senior Center (part of Comm Center)Eden Prairie Senior Center NA Hopkins Activity Center Operational Expense Rev Rev GF, Rev, Donations, Grants, and SponsorshipsGF GF Capital Expense GF GF CIP GF, Donations, Grants, and Sponsorships Golf Course Comparable Braemar Golf Course Championship 18 and Executive 9 Dwan Golf Course Edinburgh USA 18 hole course | Brookland Golf Park 9 hole course Brookview Golf Course NA Operational Expense Rev Rev NA Capital Expense Rev / Edina Law Bonding NA Special/Unique Park Comparable Centennial Lakes Park Operational Exp Rev EL Capital Exp Rev KEY: GF General Fund EL Edina LiquorRevRevenuePDFPark Dedication Fees GF CIP General Fund Capital Improvment Program SB State BondingNANot Offered Amenity ML Municipal LiquorXNot Required Edina Minnetonka Plymouth Richfield St. Louis Park Maple Grove Ice Arena Comparable Braemar Arena Minnetonka Ice Arena Plymouth Ice Center Richfield Ice Arena St. Louis Park Rec Center Maple Grove Ice Arena Operational Expense Rev Rev Rev Rev EL GF GF Capital Expense GF CIP ML PDF, GF CIP, and SBSB Aquatic Center - Outdoor Pool Comparable Edina Aquatic Center NA Richfield Outdoor Pool Aquatic Park NA Operational Expense Rev NA GF GF NA Rev Rev Capital Expense Rev / Edina Law Bonding NA GF CIP GF CIP NA Aquatic Center - Outdoor Lake NA Shady Oak Beach / Libbs Lake Medicine Lake | Parkers Lake NA NA NA Operational Expense NA Rev Rev NA NA NA GF GF Capital Expense NA GF CIP NA NA NA General Parks Comparable Operational Expense Rev ML GF GF Capital Expense GF CIP GF & PDF SB Recreation Programming Comparable Operational Expense Rev GF Rev GF GFCapital Expense X X X Indoor Play Area Comparable Edinborough Park Williston Treehouse The K.U.B.E NA NA Maple Maze Operational Expense Rev Rev Rev NA NA Williston Center offset Capital Expense Rev Rev Rev NA NA Community Center Comparable NA Minnetonka Community Center | Williston Fitness Center | The Marsh Plymouth Community Center Richfield Community Center Maple Grove Community Center Operational Expense NA Rev Rev GF Rev GF GF GF Capital Expense NA GF CIP GF CIP SB PDF, GF CIP, and SB SB Art Center Comparable Edina Art Center NA NA NA NA NA Arts and Culture Commission Operational Expense Rev NA NA NA NA NA EL Capital Expense NA NA NA NA NA Senior Center Comparable Edina Senior Center NA NA Maple Grove Senior Center Operational Expense Rev Rev NA Rev GF GF GF Capital Expense GF GF CIP NA PDF, GF CIP, and SB Golf Course Comparable Braemar Golf Course Championship 18 and Executive 9 NA NA NA NA NA Operational Expense Rev NA NA NA NA NA Capital Expense Rev / Edina Law Bonding NA NA NA NA NA Special/Unique Park Comparable Centennial Lakes Park Ridgedale Commons Wolf Park Central Park Operational Exp Rev EL Capital Exp Rev PDF ($4m) SB KEY: GF General Fund EL Edina LiquorRevRevenuePDFPark Dedication Fees GF CIP General Fund Capital Improvment Program SB State BondingNANot Offered Amenity ML Municipal LiquorXNot Required What activities did you/your family do outside of the city? Where did you do this activity?Was this activity available in Edina? If yes, why did you travel outside the city? How was the experience? How did it compare to a similar Edina offering (ie: fee, crowds, ease of participation) Going for walks Minneapolis parks Yes; Minneapolis parks were closer to us than Edina parks The experience was very similar to what we might expect at an Edina park Swim, Ski, Hike, go to playgrounds, go to art/indoor activities for kids Swim: Health Club pools (LifeTimes in Plymouth, Chanhassen, Milwaukee, St. Louis Park), Splash pads in St. Louis Park, Aquatic Park in St. Louis Park. Swim: Yes, but we use a variety for the diversity. We made it to the Edina pool once this summer. Swim: We belong to the clubs, so those are "free". The Aquatic center in St. Louis Park was more expensive than the Edina pool, but has a fresher update. The splash pads in St. Louis Park was free, Edina doesn't have anything comparable. nature centers Ski: Various hills around the city Ski: this is not avail in Edina Ski: nothing comparable hiking/nature walks Hike: Parks south of the city and parks around Plymouth.Hike: We did a lot of Bredesen during Covid and have moved to try new settings. Hike: These were all free as well and are typically the same in quality, but larger outside of Edina. swimming Playgrounds: French Park in Plymouth, Highland Park in Bloomington, various parks in Minneapolis, Community Center indoor playground in Plymouth. Playgrounds: Edina has great playgrounds that we use often, but we do seek out some of the larger more diverse settings like French's park in Plymouth. Edinborough is all indoor, which we try to stay away from in the summer. Edinborough is often very crowded and tough to have adult interaction within the play area (unless you like climbing inside of tight quarters). To use the slide with your kids at Edinborough, you have to climb up to the third level. Playgrounds: French park and Highland Park are both free and bigger than Edinborough, though they are outside. Community Center Park in Plymouth has a fee for non-residents ($5), but is very nice and has a more spread out climbing structure. splash pads Activities: Interactive art installations/kids programs in Bloomington, NYC, Hopkins, Minnetonka. Activities: We have not found a lot of museums or areas to do some of these interactive art activities for groups of kids on a one off basis. For these, we typically seek areas outside of the city. Activities: we have not found these in Edina, but they may still be there. playgrounds Wood Lake (Richfield), Westwood Hills (SLP), Richardson (Bloomington)Not available in Edina Nothing similar in Edina. I know Edina is trying to expand nature education options in Arden Park, but it's not the same as these other facilities. frisbee golf Wood Lake (Richfield), Westwood Hills (SLP), Richardson (Bloomington) Yes, there are some nature trails in Edina at Arden, Rosland, and Bredesen. I prefer going to spots with nature centers because of the amenities and length of trails. Arden and Rosland are relatively short trails (less than a mile). For some reason I never go to Bredesen...All of the nature centers/trails I listed are excellent, no cost, and within 15 min drive of my home. Toddler Splash Pad St. Louis Park Lifetime Fitness pools in EP and Savage yes, we have EAC summer passes but it is just so much busier than the Lifetime options so typically we'd only use the EAC weekday evenings and use the lifetime pools on weekends. The experience at EAC is excellent in terms of location, price and amenities, but it just gets too crowded to be enjoyable during the day and on weekends. Hyland Play Area (playground)Miller Park (EP) No - there are no splash pads in Edina. Historically we used the Minneapolis public wading pools or the splash pad at Miller Park (EP) or Oak Hill Park in SLP. Excellent. I'm actually very surprised Edina doesn't have splash pads at their parks, especially anytime they build a new park. In the hot months, the playgrounds are unusuable in the afternoons due to heat/sun. Splashpads would be such a welcome amenity. The little kids area at the EAC is great but requires entrance fee. Also, there are no splash options when pool is closed for season but temps are still warm. Eden Prairie Splash Pad Hyland Park (Bloomington), Augsburg Adventure Park (Richfield), Miller Park (EP)Yes - we visit playgrounds in other cities due to the difference in amenities they offer, usually they're just bigger with more to do. I don't think there are any really good "destination" playgrounds in Edina, with exception of Rosland. Many of the other park playgrounds are great, but as kids get older they want more things to do, more challenges, more amenities, etc. Having a connected splash pad is a big draw (Miller) as is good shade (Augsburg). There are actually a number of parks in Edina that are great and close to our house but we do not go to very often due to lack of shade or undesirable ground cover (Wooddale, Chowen). Tennis Lessons hyland hills (Bloomington)Yes, at Rosland. Traveled outside of city for variety/challenge.Excellent experience. Inexpensive and well maintained course. What activities did you/your family do outside of the city? Where did you do this activity?Was this activity available in Edina? If yes, why did you travel outside the city? How was the experience? How did it compare to a similar Edina offering (ie: fee, crowds, ease of participation) Summer Camps Saint Louis Park, MN Yes, it was free in SLP and it was available at the edina aquatic center but I would be charged and had no idea if my toddler would even enjoy this activity. I was disappointed because I live on the same street as the Edina aquatic center. The SLP Splash pad was great and I would go back again! It wasn't very crowded at all, parking was easy and we spent only 2 hours there because my toddler got sick of it after awhile. Also was much less crowded/busy than edina aquatic center. Golf Bloomington, MN yes, it's similar to Edinborough but outdoors. Edinborough is too crowded and this play area was rated as one of the best in the twin cities for Toddlers. It was free vs Edinborough. I found that they had a nice section for younger children under 3 years old which Edinborough doesn't seem to have. They also had a much nicer area for parents to sit down and watch their kids, tables, chairs, and umbrellas vs the bleacher seating at edinborough. Swimming Pool Eden Prairie Yes, all activities available in Edina. We traveled outside for the kids activities (splash pad, tennis lessons, summer camps, and swimming pool) based on where our kid’s friends where attending, lifetime membership, and specialty coaching. Experience was great. We really enjoy the expertise of the coaches, programs they are putting on, and times offered. Chanhassen Minneapolis The main difference is the expertise of the coaches. We see the programs put on by outside coaches as more professional, more intentional, and smaller numbers of participants. Our experience with programs in Edina showed us they were better for introducing kids to sports and outside programs were better for advancement. LakevilleChaskaHopkins Hiking Southwest - Arizona and Utah Not to degree of difficulty we like to experience. Comparing Edina Aquatic Center vs Bloomington Aquatic Center. Edina offers an early bird discount to non-residents. Bloomington does not. This results in greater differentiation between the available discount available to residents in Bloomington vs Edina. In Edina a Resident can save 21.5% at the aquatic center or $23. Whereas in bloomington they can save $42 or 40.38%. This is mostly because Bloomington offers early bird discounts only to residents. Also as I checked other aquatic centers it was very uncommon to extend Early Bird Discounts at all and Edina was the only location I saw that offered early bird discounts to non-residents. Reciprocity/Resident Definition Saint Louis Park has a reciprocity agreement with other cities for a Resident Discount. They also include people who work full-time in their city as residents. https://www.stlouisparkmn.gov/government/departments-divisions/parks-rec/program-registration The takeaway from my research so far is that Bloomington has greater differentiation in pricing when it comes to residents vs non-residents than Edina. Courtsey of Commissioner Laungrath Date: January 2, 2024 Agenda Item #: IX.E. To:Mayor and City Council Item Type: Advisory Communication From:Jeff Brown, Community Health Administrator Item Activity: Subject:Advisory Communication: Community Health Commission Stop the Bleed Initiative Action CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Accept Community Health Commission recommendation regarding development of a Stop the Bleed program by City staff. INTRODUCTION: The Community Health Commission has evaluated implementation of a Stop the Bleed or similar program by the City over the past 2 years and created the attached recommendations. A staff report is also attached, detailing the capacity of staff and preliminary plans to start a program of this type. ATTACHMENTS: Description Advisory Communication: CHC Stop the Bleed Staff Report: CHC Advisory Communication Stop the Bleed Date: January 2, 2024 To: Mayor and Council From: Edina Community Health Commission Subject: Stop the Bleed Work Plan Item – Review and Recommend Action Requested: Accept Recommendations Background: In 2012 Lenworth Jacobs, Jr., MD, the Chair of Trauma Services at Hartford hospital, reviewed autopsies of the victims of the Sandy Hook mass casualty event and came to the conclusion that some of the fatalities may have been preventable. He convened a panel of national experts to evaluate the response to emergencies of this nature. Ultimately the panel produced a report known as the Hartford Consensus which emphasized the importance of early intervention by bystanders. In particular, the panel recommended the use of compression, preferably with anticoagulant-treated pads, and tourniquets. The panel then convened with Obama administration officials, including representatives of the armed services. When the recommendations were applied by military units in Iraq and Afghanistan, on-field mortality fell from roughly 7% to 2%. With those findings, the American college of surgeons, in cooperation with the Department of Defense, initiated the Stop the Bleed® program in October 2016. Assessment: Stop the Bleed encourages bystanders to become trained, equipped, and empowered to assist in a bleeding emergency before professional help arrives. The program turns ordinary citizens into trained individuals, currently numbering over 1.9 million, who can help victims of any serious hemorrhagic emergency, much in the manner that the American Heart Association has trained millions in CPR techniques. The victim of a bleeding emergency, be it from a mass shooting event, an ice-skating laceration, or an automobile crash, can bleed to death within 5 minutes, so it is essential that bystanders take action immediately. As an illustrative example, a bystander placed his belt as a tourniquet above the leg amputation of a victim of the Boston Marathon bombing. That victim was not unconscious from shock but rather was awake and talking as he was wheeled to an ambulance. Edina is not immune from the sort of mass casualty event that has traumatized cities across the US, nor are citizens of the city invulnerable to catastrophic accidents. The optimal approach for Edina is for its citizens to be prepared to potentially save lives in such an event by learning how to control life-threatening hemorrhage. The Page 2 development of a knowledgeable citizenry will improve the emergent response to life-threatening bleeding from any cause. Face to Face Training Option: The city of Edina can implement regular Stop the Bleed courses, each taught by an instructor. The 90- minute training sessions consist of lecture material followed by practical training in the use of tourniquets and compression packs. The lecture portion of the course is available on line at no charge ref. Each Stop the Bleed course includes hands-on experience with medical mannequins to simulate a bleeding victim. Courses could be held at various City of Edina facilities such as City hall, fire stations, Public Works Building. Instructors, who are trained by the program, are volunteers, so costs to the city beyond facility overhead are minimal. After local instructors had been trained, the courses could be advertised through social media, newspapers, City of Edina publications and website, and news items on radio and television. Training for instructors can be obtained by contacting Stop the Bleed at stopthebleed@facs.org. Virtual Training Option: The city of Edina can implement the interactive course in a virtual alternative or concurrently with the in- person lecture presentation. This free online course can be found at national Stop the Bleed website: https://www.stopthebleed.org/training/ Other States: In 2022 and 2023, the states of Colorado and California passed legislation related to Stop the Bleed. See link below and updates from these states below. https://www.stopthebleed.org/learn-more/advocate-promote-support/ Colorado Will Provide Schools with STOP THE BLEED® Training and Kits In May 2023, the Colorado legislature passed a bipartisan bill that was signed into law by Governor Jared Polis to provide STOP THE BLEED® kits and training to schools in the state who opt into receiving them. The law requires the Colorado Department of Public & Environmental Health, in coordination with the American College of Surgeons Committee on Trauma, to track school participation, training, and the number of kits placed in schools. California Passes STOP THE BLEED® Bill During the 2022 legislative session, the state of California passed legislation—Assembly Bill 2260—that requires the installation of trauma bleeding control kits in newly constructed public and private buildings throughout the state. The legislation, “Emergency Response: Trauma Kits,” is the first statewide law of its kind to make bleeding control kits widely accessible in this manner. Page 3 Minnesota Local Jurisdictions: Out of six local Minnesota jurisdictions reviewed, two had Stop the Bleed programs on their website. They were the cities of Minneapolis and St. Louis Park. Minneapolis: The City of Minneapolis offers a free online, interactive course using video, interactive learning and quizzes using national Stop the Bleed program. See details below in italics and on the website. https://www.minneapolismn.gov/resident-services/public-safety/prevent- prepare/emergency-prepare/ https://www.stopthebleed.org/learn-more/ Training and volunteer opportunities https://www.stopthebleed.org/training/online-course/ STOP THE BLEED® Interactive Course The interactive course is a virtual alternative to the in-person lecture presentation. The STOP THE BLEED® Interactive Course guides individuals through the three methods of bleeding control using video demonstrations, interactive learning, and spontaneous quizzes. This STOP THE BLEED® Interactive Course is free to all students and can be taken multiple times to learn and refresh knowledge of the STOP THE BLEED® Course. Click on the screen below to begin the course! St. Louis Park: The City of St. Louis Park offers a free formal presentation course followed by hands-on practice. See details below in italics and on the website link. https://www.stlouisparkmn.gov/government/departments- divisions/pulsepoint Stop the Bleed training consists of a formal presentation followed by hands-on practice of applying direct pressure, packing a wound and using a tourniquet to stop bleeding. Participants will receive a certificate stating they have met the training requirements at the end of the one-hour course. Classes are available for those ages 15 and over (an adult or guardian must be present with participants ages 15 – 17). There is a maximum of 10 participants per training. Training can be scheduled by contacting the fire department at 952.924.2595. Bloomington No Stop the Bleed information as of 7/3/2023 on city of Bloomington website. Eden Prairie No Stop the Bleed information as of 7/3/2023 on city of Eden Prairie website. Golden Valley No Stop the Bleed information as of 7/3/2023 on city of Golden Valley website Richfield Page 4 No Stop the Bleed information as of 7/3/2023 on city of Richfield website Equipment: While bystanders can save lives by applying their training from Stop the Bleed, ideally, they would have rapid access to equipment especially developed to create the greatest opportunity for success. Much as AEDs are now widely available in public places to allow bystanders to defibrillate heart attack victims, kits developed by Stop the Bleed contain the materials to provide optimal emergency care to a bleeding victim. The program has begun a campaign to place kits next to AEDs in other areas of the US. In Edina, kits could be placed in heavily traveled public venues, such as supermarkets, theaters, churches, schools, and shopping malls. A typical kit provides multiple sets of: One (1) tourniquet; 2 latex-free gloves; 1 emergency bandage; 1 pair of trauma shears; 2 rolls of primed and compressed gauze dressing; 1 H*Vent chest seal; 1 permanent marker; 4 Mylar emergency blankets. The City of Edina could encourage local businesses to place Stop the Bleed kits next to the AEDs in their facilities, but the city itself would probably need to invest in kits in order to provide optimal coverage throughout Edina. The Stop the Bleed organization sells enhanced kits for use in public venues for $500-600 retail (https://www.bleedingkits.org/all-products/enhanced-stop- the-bleed- stations.html). The City of Edina could place Stop the Bleed online interactive course on its Emergency Preparedness website similar to the City of Minneapolis. The City of Edina could explore partnering with the City of St. Louis Park and offer formal presentation by hands on course. Recommendation: 1) The Commission recommends that the city of Edina adopt the Stop the Bleed Program because it provides citizens with knowledge that may save lives of bleeding victims. 2) The Commission recommends that the city of Edina make the Stop the Bleed free virtual course available on the city of Edina’s website by linking to https://www.stopthebleed.org/training/. 3) The Commission recommends that the city of Edina offer a face to face Stop the Bleed formal Course by either partnering with the city of St. Louis Park’s face to face course or offering the formal course as a city. The Commission recommends that local Instructors for the Stop the Bleed program be recruited and trained to administer either of these program options. 4) The Commission recommends that the city of Edina explore the feasibility of placing Stop the Bleed kits in strategic locations around the city depending on the willingness of local businesses and public facilities to acknowledge the need for those materials and on the ability of the City of Edina to fund placement in city facilities, particularly schools. January 2, 2024 Mayor and Council Jeff Brown, Community Health Administrator, Community Health Commission Staff Liaison Community Health Commission Work Plan Item: Stop the Bleed Initiative Information / Background: The Community Health Commission work plan for 2023 contains an initiative to: Review and recommend actions from 2022 Stop the Bleed report for Council review and potential implementation. As implementation of these recommendations would utilize Fire Department staff, I presented them to Fire Chief Andrew Slama and Fire Training and Safety Chief Shaun White for feedback. The Advisory Communication submitted regarding this work plan item includes four recommendations for City action. Staff input regarding each recommendation is noted below: 1) The Commission recommends that the city of Edina adopt the Stop the Bleed Program because it provides citizens with knowledge that may save lives of bleeding victims. Staff Input: This action is feasible as it is a procedural action to adopt the program, but does not drive any large commitment of resources or staff time on its own. 2) The Commission recommends that the city of Edina make the Stop the Bleed free virtual course available on the city of Edina’s website by linking to https://www.stopthebleed.org/training/. Staff Input: This action would require resources from Communications and Fire Departments to create and manage the link and access to this program. If publicity and marketing are desired, this would also require additional staff time. 3) The Commission recommends that the city of Edina offer a face to face Stop the Bleed formal Course by either partnering with the city of St. Louis Park’s face to face course or offering the formal course as a city. The Commission recommends that local Instructors for the Stop the Bleed program be recruited and trained to administer either of these program options. Staff Input: This recommendation would require significant staff resources to establish relationships with outside vendors or other cities that offer the course, recruit and train local instructors, and manage STAFF REPORT Page 2 those relationships. Recommend putting this item on a staff work plan to evaluate the capacity and ability of existing staff to implement and manage this program going forward. This would likely involve staff from Communications, Fire, Public Health, and potentially other departments. 4) The Commission recommends that the city of Edina explore the feasibility of placing Stop the Bleed kits in strategic locations around the city depending on the willingness of local businesses and public facilities to acknowledge the need for those materials and on the ability of the City of Edina to fund placement in city facilities, particularly schools. Staff Input: Implementation of this recommendation would require staff management of this program. Similar to recommendation three, recommend putting this item on a staff work plan to evaluate the capacity and ability of staff to implement and manage this program. Potential involvement from Communications, Fire, and Public Health. Summary: The Community Health Commission has recommended creation and marketing of a program around the Stop the Bleed initiative. Edina Fire Department staff have recently developed a combined Stop the Bleed/Hands Only CPR course, which was recently taught to interested residents at Braemar Ice Arena. The Fire Department is willing to and interested in providing these trainings to the public as long as there is interest. Fire Department staff recommend working with Communications and Community Engagement to evaluate the interest in these trainings and make them available as interest demands. Fire Department staff have capacity to conduct trainings on a regular basis, possibly quarterly or similar. Marketing and outreach to fill classes would be necessary as well. The Fire Department has started the process to make the Stop the Bleed curriculum available to the public, and will incorporate the Community Health Commission’s recommendations. Creation of a new program is unnecessary, as Fire has already created a foundation for the program and will continue to evaluate capacity and demand for the program going forward. Date: January 2, 2024 Agenda Item #: X.A. To:Mayor and City Council Item Type: From: Item Activity: Subject:Prep Memo Jan. 2, 2024 CITY OF EDINA 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: INTRODUCTION: ATTACHMENTS: Description Prep Memo for Jan. 2, 2024 From: Don Uram <Duram@EdinaMN.gov> Sent: Tuesday, January 2, 2024 2:08 PM To: James Hovland <jhovland@hovlandrasmus.com>; James Pierce <JPierce@EdinaMN.gov>; Carolyn Jackson <CJackson@EdinaMN.gov>; Kate Agnew <kagnew@EdinaMN.gov>; Julie Risser <jrisser@EdinaMN.gov> Cc: Scott H. Neal <sneal@EdinaMN.gov>; Sharon Allison <SAllison@EdinaMN.gov> Subject: Prep Memo for City Council Meeting on January 2, 2024 Good A�ernoon Everyone – Here’s what we have for you tonight: WORK SESSION None scheduled. COUNCIL MEETING Councilmember Pierce will not be in atendance. Councilmember Risser has asked that Items R and S related to the Grandview Pedestrian Bridge be pulled from the Consent Agenda. City Engineer Chad Millner will be present to respond to ques�ons. Councilmember has also asked for more informa�on about the following payments from the check Register: • Check 490842 First Student Inc. total $6,273.60 First Student is the bus company the Park and Rec Department uses for our Travelin' Teen and Playground Pro's 2.0 Field Trips. The busses are covered by the program registra�on fees. Bussing services are no longer available through Edina Public Schools, that is why services from First Student were sought. Staff solicited quotes and First Student was the most affordable op�on available to us. First Student services are coordinated out of the Wayzata, MN office. • Check 491008 John Schweitzer total $17,254 John was a long�me employee of the City’s Building Department who moved to Colorado about 6 months ago. Due to this plus a re�rement at the same �me the Building Department was short staffed. We hired him on a project-by-project basis as an independent contractor to conduct plan review during the interim. Our hiring process has been completed so we expect to use less of his services going forward. For the state legisla�ve pla�orm item, the items related to affordable housing have been removed. As directed by the Council, those items will be considered at an upcoming HRA mee�ng. No ac�on is requested on this item tonight. Hennepin County Sheriff Dawanna Wit has been added to the agenda to give an update on her department. Chief Milburn will introduce her. That’s all so far. See you tonight. Don Don Uram, Interim Assistant City Manager 952-826-0416 | Fax 952-826-0390 Duram@EdinaMN.gov | EdinaMN.gov