HomeMy WebLinkAbout2024-02-06 Work Session Meeting PacketAgenda
City Council Work Session
City of Edina, Minnesota
City Hall Community Room
Tuesday, February 6, 2024
5:30 PM
I.Call To Order
II.Roll Call
III.2024 State Legislative Delegation Meeting
IV.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 ampli(cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: February 6, 2024 Agenda Item #: III.
To:Mayor and City Council Item Type:
Reports / Recommendation
From:Scott Neal, City Manager
Item Activity:
Subject:2024 State Legislative Delegation Meeting Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
None.
INTRODUCTION:
Staff have invited Edina's legislative delegation to attend the City Council's work session. Representatives from
the Municipal Legislative Commission, Metro Cities and the League of MN Cities are also invited.
Staff proposes to have a discussion about the City's 2024 state legislative platform, detailed in the attached staff
report and summary.
ATTACHMENTS:
Description
2024 State Legislative Platform
February 6, 2024
Mayor and City Council
Scott H. Neal, City Manager
Gillian Straub, City Management Fellow
2024 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 approved 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.
Third, it includes edits to item 5.4 Support Funding and Programming for Recruitment and Retention Needs
and added items 5.9 Technology Advancement throughout Hennepin County and 5.10: Request 1115
Waiver to Medicaid, requested by the City Council at the January 16, 2024, meeting.
City Council approved this legislative platform at the January 16, 2024, meeting.
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 5-8),
Affordable Housing (9), Environment and Sustainability (10-12), Transportation (12-13) and Public Safety (4-
16). 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
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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:
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• 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.
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• 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.
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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:
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• 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.
STAFF REPORT Page 14
5 PUBLIC SAFETY
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, state-provided health care for all law enforcement officers and their families, 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, scholarship programs with higher education
partners and increased support for 911 Telecommunications. 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.
STAFF REPORT Page 15
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
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
STAFF REPORT Page 16
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.
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.
5.9 Technology Advancement throughout Hennepin County
Hennepin County faces increasing healthcare costs and the prospect of implementing cost-reducing
technology, including facial recognition software. The City supports investments in healthcare technology for
individuals in custody and adequate transparency and disclosure around key law enforcement tools because:
• Members of the Edina community are held in Hennepin County Jail.
• Investments in healthcare technology like heartrate monitors can detect medical emergencies and
allow individuals to receive needed care sooner.
• Transparency and disclosure in law enforcement tools like facial recognition software allow prudent
use of the technology while protecting individual rights.
• Cost reductions resulting from technological advancements would enable staff to be more proactive
and mitigate communication issues that lead to mistakes.
5.10 Request 1115 Waiver to Medicaid
Currently, patients lose coverage 7 days after being incarcerated, and they face significant hurdles getting
coverage after they are released. 1115 Waiver to Medicaid allows for pilot programs which promote the
objectives of Medicaid and could allow for continuity of care for incarcerated people under Medicaid. The
City supports requesting the state apply for a 1115 Waiver because:
• Losing healthcare coverage and facing significant challenges regaining coverage after release drives up
health care costs and creates funding issues society-wide.
• Continuity of care ensures better health outcomes of those in Hennepin County’s custody, including
Edina residents.
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
5.9 Technology Advancement throughout Hennepin
County
Todd Milburn, Police Chief
TMilburn@EdinaMN.gov
952-826-0487
5.10 Request 1115 Waiver to Medicaid