HomeMy WebLinkAbout2024-11-25 City Council Meeting Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 25, 2024
City Hall, Council Chambers
Meeting No. 23-24
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVAL OF AGENDA
E. APPROVAL OF MINUTES
1. November 12, 2024 City Council Workshop Meeting Minutes
2. November 12, 2024 City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
2. Council Presentations
3. Strategic Plan Update for Third Quarter 2024
4. Proclamation Declaring November 30th as Small Business Saturday
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
1. Approval of Claims
2. Approval of Budgeted Transfers
3. Maplewood Area Historical Society Annual Appropriation
4. Purchase of Tandem Axle Truck Chassis
5. Kohlman Park Playground Replacement
6. Microsoft Software Subscription Renewal
7. Agreement with City of St. Paul and Acceptance of Department of Public Safety
Grant Money for 2025 “Toward Zero Deaths (TZD) Enforcement”
8. Addendum to Police Department Staffing Study
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address clearly
for the record. All comments/questions shall be posed to the Mayor and Council. The
Mayor will then direct staff, as appropriate, to answer questions or respond to comments.
None
I.UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Establish Project Budget for 2025 Pond Cleaning/Dredging Project, City Project
24-20
2. Draft Cannabis Ordinance
3. Draft Legislative Program
K. AWARD OF BIDS
None
L. ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon
request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office
at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with
the City Clerk for availability.
RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY
Following are rules of civility the City of Maplewood expects of everyone appearing at Council
Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s
opinions can be heard and understood in a reasonable manner. We appreciate the fact that when
appearing at Council meetings, it is understood that everyone will follow these principles:
Speak only for yourself, not for other council members or citizens - unless specifically tasked by
your colleagues to speak for the group or for citizens in the form of a petition.
Show respect during comments and/or discussions, listen actively and do not interrupt or talk
amongst each other.
Be respectful of the process, keeping order and decorum. Do not be critical of council members,
staff or others in public.
Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive.
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MINUTES
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:30P.M. Tuesday, November12, 2024
City Hall, Council Chambers
A.CALL TO ORDER
A meeting of the City Council was heldin the City Hall Council Chambers and was called to
order at5:30 p.m.by Acting Mayor Lee.
B.ROLL CALL
Marylee Abrams, MayorAbsent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, Acting MayorPresent
Nikki Villavicencio, CouncilmemberPresent
C.APPROVAL OF AGENDA
CouncilmemberCavemoved toapprove the agenda as submitted.
Seconded by CouncilmemberVillavicencio Ayes– All
The motion passed.
D.UNFINISHED BUSINESS
1.Ambulance Fund Presentation
City Manager Sable introduced the item. Fire & EMS Chief Mondor gave the presentation
and answered questions from the council.
No Action Required.
E.NEW BUSINESS
1.Budget Presentation – Community Development
Community Development Director Parr gave the presentation.
No Action Required.
D.ADJOURNMENT
Acting Mayor Leeadjourned the meetingat6:32p.m.
November12, 2024
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Tuesday, November 12, 2024
City Hall, Council Chambers
Meeting No. 22-24
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambersand was
called to order at7:00p.m.byActing Mayor Lee.
Acting Mayor Lee thanked Maplewood voters forvoting in the election and shared
Maplewood voter turnout statistics. Acting Mayor Lee also thanked Maplewood staff,
election judges, and City Clerk Sindt for all their work with the election.
B.PLEDGE OF ALLEGIANCE
Charlie Christensen, student at SaintAgnesSchool, led thecouncil in the pledge of
allegiance.
C.ROLL CALL
Marylee Abrams, MayorAbsent
Rebecca Cave, CouncilmemberPresent
Kathleen Juenemann, CouncilmemberPresent
Chonburi Lee, Acting MayorPresent
Nikki Villavicencio, CouncilmemberPresent
D.APPROVAL OF AGENDA
CouncilmemberCavemoved to approve theagenda as submitted.
Seconded by CouncilmemberJuenemann Ayes– All
The motion passed.
E.APPROVAL OF MINUTES
1.October28, 2024 City CouncilWorkshop Meeting Minutes
CouncilmemberJuenemannmoved to approve the October 28, 2024 City Council
Workshop MeetingMinutes assubmitted.
Seconded by CouncilmemberCaveAyes – All
The motion passed.
2.October 28, 2024 City Council Meeting Minutes
CouncilmemberJuenemannmoved to approve the October 28, 2024 City Council
MeetingMinutes assubmitted.
November 12, 2024
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Seconded by CouncilmemberCave Ayes – All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
1.Administrative Presentations
a.Council Calendar Update
City ManagerSablegave an update to the council calendar and reviewed other topics of
concern or interest requested by councilmembers.
2.Council Presentations
None
3.Resolution Approving Commissioner Appointments
City Manager Sable gave the staff report.
CouncilmemberJuenemannmoved to approve the resolutionto appoint the candidates
to the commissions as indicated below.
Resolution 24-11-2361
RESOLUTION
BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
Hereby appoints the following individuals, who the Maplewood City Council has
reviewed, to be appointed to the following commission or board:
Environmental & Natural Resources Commission(two openings)
Wes Saunders-Pearce term expires September 30, 2027
Joanne Cryer term expires September 30, 2026
n(one opening)
PlanningCommissio
Scott Wullschleger term expires December 31, 2026
Heritage Preservation Commission(one opening)
Kristi Reese term expires April 30, 2026
Seconded by CouncilmemberVillavicencio Ayes – All
The motion passed.
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G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember
requests additional information or wants to make a comment regarding an item, the vote
should be held until the questions or comments are made then the single vote should be
taken. If a councilmember objects to an item it should be removed and acted upon as a
separate item.
Agenda item G2 was highlighted.
CouncilmemberCavemoved toapprove agenda items G1-G4.
Seconded by CouncilmemberJuenemann Ayes – All
The motion passed.
1.Approval of Claims
approve the approval of claims.
CouncilmemberCavemoved to
ACCOUNTS PAYABLE:
$ 1,005,211.78 Checks # 121997 thru # 122036
dated 10/29/24
$ 119,331.93 Checks # 122037 thru # 122063
dated 11/05/24
$ 485,640.94 Disbursements via debits to checking account
dated 10/21/24 thru 11/03/24
$ 1,610,184.65 Total Accounts Payable
PAYROLL
$ 758,434.52 Payroll Checks and Direct Deposits dated 10/25/24
$ 758,434.52 Total Payroll
$ 2,368,619.17 GRAND TOTAL
Seconded by Councilmember JuenemannAyes – All
The motion passed.
2.Resolution Approving 2025 Pay Rates for Temporary/Seasonal and Casual
Part-Time Employees
November 12, 2024
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approve theresolution for temporary/seasonal and
CouncilmemberCavemoved to
casual part-time employees’ payrates effective January 1, 2025.
Resolution 24-11-2362
2025 PAY RATES RESOLUTION
TEMPORARY/SEASONAL & CASUAL P/T EMPLOYEES
WHEREAS, according to the Minnesota Public Employees Labor Relations act,
part-time employees who donot work more than 14 hour per week and
temporary/seasonal employees who work in positions that do notexceed 67 days in a
calendar year, or 100 days for full-time students, are not public employees and are
therefore not eligible for membership in a public employee union.
NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job
classifications arehereby established for temporary/seasonal, casual part-time
employees effective January 1, 2025 uponCouncil approval.
Accountant $15.00 - 30.00 per hour
Accounting Technician $15.00 - 22.00 per hour
Administrative Assistant $15.00 - 23.00 per hour
Background Investigator $35.00 - 45.00 per hour
Building Inspector $15.00 - 35.00 per hour
CSO $15.00 - 25.00 per hour
Election Judge $15.00 - 25.00 per hour
Fire Maintenance Engineer $15.00 18.00 per hour
Fire/EMS Cadet $15.00 - 25.00 per hour
Gardener $15.00 - 25.00 per hour
Intern $15.00 - 25.00 per hour
IT Technician $15.00 - 20.00 per hour
Laborer $15.00 - 20.00 per hour
Office Specialist $15.00 - 18.00 per hour
Receptionist $15.00 - 16.00 per hour
Recreation Worker $15.00 - 30.00 per hour
BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions
setting pay rates forthese pay classifications; and,
BE IT FURTHER RESOLVED, that the City Manager shall have the authority to
set the pay rate withinthe above ranges.
Seconded by CouncilmemberJuenemann Ayes – All
The motion passed.
3.JAG Grant 2024 – Ballistic Protection Shields
approve the JAG Grant 2024 Application.
CouncilmemberCavemoved to
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Seconded by CouncilmemberJuenemannAyes – All
The motion passed.
4.Certification of Delinquent Trash and Miscellaneous Accounts Receivable
CouncilmemberCavemoved to approvetheresolution certifying delinquent accounts
receivable and sewer service line repairs to the County Auditor.
Resolution 24-11-2363
RESOLUTION CERTIFYING DELINQUENT ACCOUNTS RECEIVABLE
TO THE COUNTY AUDITOR
RESOLVED, that the City Clerk is hereby authorized and directed to certify to the
Auditor of Ramsey County the following delinquent accounts, totaling $255,056.66 for
collection with the customers property taxes payable in 2025 and subsequent years, as
specified, including interest at theappropriate rate on the total amount.
Delinquent trash collection bills $146,981.99
Delinquent miscellaneous bills $37,739.82
Sewer service line assessments $70,334.85
Seconded by CouncilmemberJuenemann Ayes – All
The motion passed.
H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself
with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk
before addressing the council. At the podium please state your name and address
clearly for the record. All comments/questions shall be posed to the Mayor and Council.
The Mayor will then direct staff, as appropriate, to answer questions or respond to
comments.
1.Tax Increment Financing District No. 1-18
a.Public Hearing – Continued from October 28, 2024
b.Resolution Approving Modification of the Development District
Program for Development District No. 1 and the Tax Increment
Financing Plan for Tax Increment Financing District No. 1-18
Community Development Director Parr gave the staff report.
Acting Mayor Leere-opened the continued public hearing. The following people spoke:
None
Acting Mayor Leeclosed the public hearing.
Councilmember Juenemannmoved to approve the resolution approving Modification of
the Development District Program for Development District No. 1 and the Tax Increment
Financing Plan for Tax Increment Financing District No. 1-18.
Resolution 24-11-2364
November 12, 2024
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RESOLUTION APPROVING MODIFICATION OF THEDEVELOPMENT DISTRICT
PROGRAM FOR DEVELOPMENTDISTRICT NO. 1 AND THE TAX INCREMENT
FINANCINGPLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-18
BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota as follows:
Section 1. Recitals.
1.01. The City Council of the city of Maplewood (the “City”) established the
Maplewood Economic Development Authority (“MEDA”) to promote
development and redevelopment within the community.
1.02. On July 22, 2019, the City adopted a modified Enabling Resolution for MEDA,
giving it the authority of an economic development authority under Minnesota
Statutes, sections 469.090 through 469.1081 (the “EDA Act); of a housing
and redevelopment authority under Minnesota Statutes, sections 469.001
through 469.047 (the “HRA Act”); and of a city under Minnesota Statutes,
sections 469.124 through 469.134 (the “City Development Districts Act”).
1.03. In response to a proposal to redevelop the property at 1880 English Street N.,
MEDA determined to establish another tax increment financing district.
1.04. MEDA and the City investigated the facts and caused to be prepared a
modification to the Development District Program (the “Development
Program”) for Development District No. 1 (the “Development District”) and a
tax increment financing plan (the “TIF Plan”) for Tax Increment Financing
District No. 1-18 (the “TIF District”), describing the assistance which may be
provided to encourage redevelopment within the Project.
1.05. All actions required by law to be performed prior to the adoption of the
modified Development Program and the TIF Plan and establishment of the
TIF District have been performed, including approval of the TIF Plan by
MEDA at its meeting on November 12, 2024.
1.06. By letter dated September 27, 2024, MEDA and the City notified Ramsey
County and Independent School District No. 622 of the public hearing on the
modified Development Program and TIF Plan to be held before the City
Council on October 28, 2024. Notice was also given to the Ramsey County
commissioner in whose district the TIF District is located 30 days before
publication of the public hearing notice.
1.07. The modified Development Program and TIF Plan are contained in a
document entitled “Modification to the Development Program, Development
District No. 1 and Tax Increment Financing Plan for Tax Increment Financing
District No. 1-18,” on file at Maplewood city hall.
1.08. The City Council has fully reviewed the contents of the modified Development
Program and TIF Plan and on October 28, 2024 opened a public hearing
thereon. The public hearing was continued to November 12, 2024 on which
two occasions the views of all interested persons were received orally or in
writing.
November 12, 2024
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Section 2. Findings Relating to the Adoption of the Modified Development Program.
2.01. The City finds that the modified Development Program, which consists of
inclusion of an additional tax increment financing district, continues to be
consistent with the City’s comprehensive plan.
2.02. The City finds that the adoption of the modified Development Program will
promote redevelopment of property within the Project and is in the vital
interests of the community as a whole.
Section 3. Findings Relating to the Establishment of Tax Increment Financing District
No. 1-18.
3.01. The City finds and determines that it is necessary and desirable for the sound
and orderly development of the Project and of the community as a whole, and
for the protection and preservation of the public health, safety, and general
welfare, that the authority of the TIF Act be exercised by MEDA and the City
to establish Tax Increment Financing District No. 1-18.
3.02. The City further finds and determines, and it is the reasoned opinion of the
City, that the redevelopment proposed in the TIF Plan for the TIF District
could not reasonably be expected to occur solely through private investment
within the reasonablyforeseeable future and that the increase in estimated
market value of the land within the TIF District that could reasonably be
expected to occur without the use of tax increment financing would be less
than the increase in the market value estimated to result from the proposed
redevelopment, after making the subtractions shown in Appendix B of the TIF
Plan, and that therefore the use of tax increment financing is necessary to
assist the project.
3.03. The expenditures proposed to be financed through tax increment financing
are necessary to permit MEDA and the City to realize the full potential of the
Development District in terms of development intensity, diversity of uses and
tax base and to facilitate the redevelopment of land and provide additional
affordable housing within the City’s Gladstone area, which is consistent with
the City’s comprehensive plan.
3.04. The TIF Plan for the TIF District will afford maximum opportunity, consistent
with the sound needs of the City as a whole, for redevelopment of the
Development District by private enterprise.
3.05. The TIF Plan for the TIF District conforms to the general plan for the
development and redevelopment of Maplewood as a whole. The developer’s
plans to add affordable housing is fully consistent with the city’s area and
comprehensive plans.
3.06. The City has relied upon the written representation made by the developer,
review of the developer’s proforma, the opinions and recommendations of
City staff, and the personal knowledge of the members of the City Council in
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reaching its conclusions regarding the TIF Plan and the establishment of the
TIF District.
3.07. TIF District No. 1-18 is a housing tax increment financing district within the
meaning of Minnesota Statutes, section 469.174, subd. 11.
3.08. Additional reasons and supporting facts regarding the fundings required by
Minnesota Statutes, section 469.175, subd. 3 are included in Exhibit C to the
TIF Plan and are hereby incorporated into this resolution as if fully set forth
herein.
Section 4. Approval of Modified Development Program and Tax Increment Financing
Plan; Establishment of Tax Increment Financing District No. 1-18;
4.01. The modified Development Program for Development District No. 1 is hereby
approved.
4.02. The TIF Plan for TIF District No. 1-18 is hereby approved, as adopted by
MEDA. Tax Increment Financing District No. 1-18 is hereby established.
4.03. The Executive Director of MEDA is authorized and directed to transmit a
certified copy of this resolution together with a certified copy of the modified
Development Program and the TIF Plan to Ramsey County with a request
that the original tax capacity of the property within TIF District No. 1-18 be
certified to MEDA pursuant to Minnesota Statutes, section 469.177, subd. 1
and to file a copy of the modified Development Program and the TIF Plan for
TIF District No. 1- 18 with the Minnesota department of revenue and state
auditor.
Seconded by Councilmember VillavicencioAyes – All
The motion passed.
I.UNFINISHED BUSINESS
None
J.NEW BUSINESS
1.Resolution Canvassing the Municipal Results of the November 5, 2024
General Election
City Clerk Sindtgave the staff report.City Manager Sable provided additional
observations.
CouncilmemberJuenemannmoved toapprovetheresolution canvassing the municipal
results of the November 5, 2024 State General Election.
Resolution 24-11-2365
CANVASSING RESULTS OF GENERAL ELECTION
WHEREAS, a State General Election was held on November 5, 2024; and
November 12, 2024
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WHEREAS, the ballot included four candidates for two Maplewood four-year
councilmember positions and
WHEREAS, the city council shall serve as the canvassing board, canvass the
results and declare the results of the election; and
WHEREAS, the two four-year councilmember candidates receiving the highest
votes shall begin their terms once qualified.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Maplewood,
Ramsey County, Minnesota, acting as a canvassing board on November 12, 2024,
hereby declares:
1.The following results from the November 5, 2024, State General Election as
specified by the Abstract and Return of Votes Cast:
Councilmember Candidates (two four-year seats):
Rebecca Cave 7,685
Nikki Villavicencio 7,618
Alex Kline 4,712
Stephen Fitze 5,212
Write-In 222
2.The two councilmember candidates who received the highest number of
votes in the General Election are Rebecca Cave and Nikki Villavicencio.
3.The clerk is hereby directed to certify the results of the election to the county
auditor.
Seconded by Councilmember CaveAyes – All
The motion passed.
K.AWARD OF BIDS
None
L.ADJOURNMENT
Acting Mayor Leeadjourned the meeting at7:30p.m.
November 12, 2024
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F1a
CITY COUNCIL STAFF REPORT
Meeting Date
November 25, 2024
REPORT TO: City Council
REPORT FROM: Michael Sable, City Manage
r
PRESENTER: Michael Sable, City Manager
AGENDA ITEM: Council Calendar Update
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution Ordinance Contract/AgreementProclamation
Policy Issue:
This item is informational and intended to provide the Council an indication on the current planning for
upcoming agenda items and the Work Session schedule. These are not official announcements of the
meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars.
Recommended Action:
No motion needed. This is an informational item.
Upcoming Agenda Items and Work Sessions Schedule:
December 9: Council Meeting: Adopt 2025 Levy
January 13: Council Meeting: Swearing in of Council Members, 2025 City Council
Appointments to Boards, Commissions and Miscellaneous Groups
Council Comments:
Comments regarding Workshops, Council Meetings or other topics of concern or interest.
1.Discuss option of permanently moving City fireworks event to fall
2.Transit Discussion (December or January)
3.Discuss Charitable Gambling Policy
Community Outreach Events:
Santa Parade
Saturday, December 21 (9 am - 1 pm)
City Wide Event
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F3
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO: Michael Sable, City Manager
REPORT FROM: Lois Knutson, Senior Administrative Manager
PRESENTER: Lois Knutson, Senior Administrative Manager
AGENDA ITEM: Strategic Plan Update for Third Quarter of 2024
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Staff is presenting the attached report, which is a progress update on the status of the CityÓs
Strategic Priorities through the third quarter of 2024.
Recommended Action:
Motion to accept the Strategic Plan Report for Third Quarter of 2024.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
The executive report on the Strategic Plan includes all six pillars of the plan.
Background:
Strategic planning is an organizational management activity that is used to set priorities, focus
energy and resources, strengthen operations, ensure that employees and other stakeholders are
working toward common goals, establish agreement around intended outcomes/results, and assess
and adjust the organization's direction in response to a changing environment.
The City of Maplewood's Strategic Plan consists of six (6) strategic priorities which are established
by the City Council. These priorities are supported by a series of Key Outcomes and underlying
Performance Measures, which describe desired outcomes and are a metric in measuring success.
Strategic planning is a continual journey and our plan is modified every year to ensure that it is up
to date and reflects the changing dynamics of our community. Modifications were made to the plan
during the first quarter of 2024.
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F3
Attachments:
1.Strategic Plan Report for Third Quarter of 2024
2.Presentation
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F3, Attachment 1
Strategic Plan Progress Report - 3rd Quarter 2024
City of Maplewood's Strategic Plan
Report Created On: Nov 19, 2024
Page 1
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F3, Attachment 1
£¡££
Strategic PriorityKey OutcomePerformance Measure
Overall Summary
%
On Track77.9
Some Disruption6.7
Major Disruption1.0
67%
Status Completed14.4
Progress
Summary: The City of Maplewood's Strategic Plan, with a progress rate of 67% and status indicators suggesting
most initiatives are on track or completed, aims for integrated communication, sustainable financial and asset
management, community inclusiveness, environmental stewardship, operational eectiveness, and targeted
redevelopment. Accomplishments include enhanced city project understanding and communication through
agenda management, achieving an 'AA+' financial rating with a stable outlook, completion of various community
and environmental initiatives, and progress in aordable housing projects. The plan also emphasizes diversity
and equity, community engagement, infrastructure management, and public safety improvements, though it
faces several roadblocks that require strategic resolutions.
Accomplishments: Noteworthy achievements include the implementation of strategic financial practices that
have resulted in a robust long-term financial outlook, and community initiatives that increase engagement and
inclusivity, evidenced by organizing diverse community events and maintaining cultural awareness in recruitment
processes. Environmental eorts have seen success with extensive tree planting and native species management,
meeting stormwater compliance for developments, and enhancing sustainability practices through the GreenStep
Cities program. Operationally, progress in fire department health initiatives and IT standardization contributes to
a healthier and more eicient workforce. In redevelopment, substantial strides have been made with aordable
housing projects and participative planning for community developments.
Roadblocks: Challenges such as logistical issues with live streaming, soware conversion impacts on financial
tracking, and delays in code enforcement policy evaluations impede some initiative areas. Roadblocks aecting
diversity and inclusion include existing barriers hindering diverse applicant entry into fire services, while project
disruptions like the establishment of a scattered site housing program await resolution. Additionally, increasing
call volumes impact emergency response times, and the transition of critical communications infrastructure
necessitates long-term strategic budget alignment.
Recommendations: The plan advises continued financial prudence, updating soware systems to optimize
financial reporting, and pressing on with strategic housing initiatives to meet community needs. Enhancing
communication strategies and expanding job posting platforms can widen reach and improve diversity
recruitment. To sustain environmental and community engagement, ongoing review and application of master
plan recommendations, alongside community-connected programming, are needed. Operational improvements
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F3, Attachment 1
should focus on finalizing standardization processes and optimizing emergency resource allocation. Engagement
with industry leaders and peer organizations in public initiatives could yield insights driving best practices for
sustainable community growth and development.
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F3, Attachment 1
Strategic Priority 1
Progress 57%
%#
Community Inclusiveness: Create a city where everyone is valued and respected,
On Track92.8613
Completed7.141
and celebrate our strengths as a diverse multi-cultural, multi-lingual community.
We recognize that our dierent perspectives and experiences that bind us together
make us stronger.
3H<9L=< GF ,GN ¦² ¡ ³³¡¢
Accomplishments:
Established a mission statement emphasizing community collaboration and inclusivity.
Organized community events like Trunk or Treat, attracting diverse participants.
Police Department engaged with over 13,000 community members through 68 outreach events.
Successful collaboration for events like the 2024 Fall Festival.
Collected and utilized a database for announcements and job notifications.
Consistent job postings on multiple platforms and successful recruitment targeting BIPOC community.
Initiated job description reviews focusing on cultural awareness and completed ADA audits.
Conducted environmental education classes and organized community events.
Chief Mondor graduated from the National Fire Academy's EFO Program and completed a Capstone
Research project.
Roadblocks:
Survey results showed only 57% of residents view the community as open and accepting of people of
color.
Delay in working with a cultural content expert due to other HR priorities.
Need to expand the database and enhance communication strategies for broader reach.
Existing barriers prevent diverse applicants from entering the fire service.
Next Steps:
Prepare for another community survey in early 2025 with a new provider.
Continue community engagement eorts under new leadership.
Plan community events for the upcoming year and conduct meetings to enhance cultural agility.
Expand the database, improve communication strategies, and explore additional job posting platforms.
Complete job description updates by Q1 2025 and organize additional recruitment events.
Implement ADA projects as part of the 2025 CIP plan.
Continue oering and expanding environmental education and recreational opportunities.
Implement research findings to address employment barriers and enhance workforce diversity.
Key Outcome 1.1
Progress 67%
%#
Maplewood is a welcoming community where residents are accepted and engaged.
On Track100.04
3H<9L=< GF ,GN ¦² ¡ ¤³¡£³¡
Accomplishments:
Established a mission statement emphasizing community collaboration and inclusivity.
Organized a series of community events, including Trunk or Treat, attracting diverse participants.
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F3, Attachment 1
Police Department held over 68 community outreach events, engaging with over 13,000 community
members.
Roadblocks:
Survey results indicated that only 57% of residents view the community as open and accepting of people
of color, showing a need for improvement.
Next Steps:
Prepare for another community survey in early 2025 with a new provider to explore specific city
attributes.
Continue community engagement eorts under the leadership of the new City Manager, guided by the
Mayor and City Council.
Performance Measure 1.1.1
Progress 53%
%#
70% of residents view Maplewood as an open and accepting community.
On Track100.01
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ¦³¢³ ¤
In 2023, we conducted a community survey, the results of which were presented to the City Council. Based on
the findings, we established a mission statement to guide our work, which includes the value statement: "We
are committed to community collaboration and public engagement that is respectful and inclusively aware."
The survey revealed that only 57% of our residents perceive our community as open and accepting of people of
color, indicating a decrease from previous surveys. This highlights a significant area for improvement.
Our plan includes preparing to conduct another survey in early 2025. Plans are to utilize a new survey provider
with a focus on digging deeper into specific attributes within the City of Maplewood. These initiatives will be
led by our new City Manager at the direction of our Mayor and City Council.
Performance Measure 1.1.2
Progress 64%
%#
Ensure community events attract a wide variety of populations that call Maplewood
On Track100.01
home.
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ¦³¤³¡¤
Progress continues to be made on this measure. The City conducted a full series of community events and
outings attracting a variety of people. As a snap shot the Trunk or Treat brought in people from a variety of
backgrounds.
Of the 285 respondents to our poll: 150 identified as white, 64 identified as Hmong, 40 identified as black, 20
identified as Latino.
Page 6
Council Packet Page Number 18 of 430
F3, Attachment 1
Performance Measure 1.1.3
Progress 75%
%#
The Police Department is strategizing to organize and implement community
On Track100.02
outreach events throughout the City of Maplewood, with emphasis on senior living,
multi-family and rental housing communities. These events are created to be
welcoming to underrepresented groups, fostering inclusivity and engagement.
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ¦³¦³£
As of September 30, 2024, the Police Department has held over 68 community outreach events throughout the
city. Targeted groups were senior communities, middle to high school youth at the YMCA and the Salvation
Army, elementary school students, multi-family and rental communities, diverse neighborhood visits, faith
community celebrations, and community gatherings that were attended by diverse populations.
As of September 30, 2024, the Police Department has engaged with over 13,000 community members through
outreach events.
Target Audience for Community Events
Cultural Agility
Last Update: Nov 18, 2024 19:24:36
Target Audience for Community Events
AdultsAdults - - 1212
Senior CitizensSenior Citizens - - 1414
Preschool / Elementary AgePreschool / Elementary Age - - 99
Middle School / High School AgeMiddle School / High School Age - - 77
Faith CommunitiesFaith Communities - - 11
FamiliesFamilies - - 2323
29J?=L 9M<A=F;= 9LL=F<AF? !GEEMFALQ #N=FLK L@JGM?@ L@AJ< IM9JL=J G> ¡±
Page 7
Council Packet Page Number 19 of 430
F3, Attachment 1
Community Outreach Events
Cultural Agility
Last Update: Nov 18, 2024 19:30:10
Community Outreach Events
10k
9,4569,456
7.5k
5k
# of Attendees
2,4402,440
2.5k
1,6521,652
0
2024 Q12024 Q22024 Q3
Date
# of Attendees
Community Outreach Events Statistics
Cultural Agility
Last Update: Nov 18, 2024 20:30:33
50
40.040.0
40
36.036.0
28.028.0
30
20
Number of Events
10
0
Department Initiated EventsHosted by OthersEvents with a Diverse Audience
Number of Events
Key Outcome 1.2
Progress 41%
%#
Employees are engaged in community outreach and are culturally aware
On Track66.672
Completed33.331
3H<9L=< GF ,GN ¦² ¡ ¤³¡¥³¢
Accomplishments:
Page 8
Council Packet Page Number 20 of 430
F3, Attachment 1
Successful collaboration with city departments for various events, notably the 2024 Fall Festival with
significant community participation.
Roadblocks:
Delay in working with a cultural content expert due to other HR priorities.
Next Steps:
Plan community events for the upcoming year in a scheduled fall meeting.
Conduct meetings with department supervisors starting October 2024 to enhance cultural agility in
hiring and workplace practices.
Consider including cultural content expertise in supervisor training.
Performance Measure 1.2.1
Progress 41%
%#
100% of benefit earning employees will participate in City sponsored community
On Track66.672
Completed33.331
events annually
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ³¢³¡¡
In 2024, the team has eectively collaborated with various city departments to organize and participate in
numerous events. The highlight was the 2024 Fall Festival, which attracted a significant turnout from
community members and residents across the eastern metro. A meeting is scheduled later this fall to plan
community events for the upcoming year.
A series of meetings with department supervisors has been scheduled by the Human Resource Manager,
beginning in October 2024. The meetings will aim to enhance cultural agility in the hiring process and
throughout the workplace.
Performance Measure 1.2.2
Bring in cultural content expert speakers to raise awareness among all City sta on Maplewood's various
communities.
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ¥³ ¦³
Work on this has been on hold as other HR priorities have taken precedent.
It's possible that it will be part of the SMT training conducted by Nancy (HR)
Key Outcome 1.3
Progress 51%
%#
The demographics of the organization reflect the community and its needs
On Track100.05
3H<9L=< GF ,GN ¦² ¡ ¤³¢³
Accomplishments:
Page 9
Council Packet Page Number 21 of 430
F3, Attachment 1
Successfully collected and utilized a database of names and emails for announcements and job
notifications.
Consistent job postings on MN-SHRM, LinkedIn, and alternative newspapers.
Progress made on updating job descriptions, aiming for completion by Q1 2025.
Monitored diversity in the candidate pool and aligned recruiting initiatives with inclusivity
commitments.
Successful recruitment initiatives in Public Safety targeting the BIPOC community.
Roadblocks:
Need to expand the database and enhance communication strategies for broader audience reach.
Exploration of additional platforms for job postings is required for maximum visibility.
Next Steps:
Expand the database and improve communication strategies.
Explore additional job posting platforms.
Complete job description updates by the end of Q1 2025.
Enhance strategies for promoting inclusivity in recruitment.
Organize additional recruitment events in collaboration with the LMC in 2025.
Performance Measure 1.3.1
Progress 51%
%#
Increase the percentage of employee diversity among City sta by 2% per year with
On Track100.05
a goal of mirroring the City's diverse community.
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ³ ³¡
Accomplishments:
Successfully collected and utilized a database of names and emails for announcements and job
notifications.
Consistent job postings on MN-SHRM, LinkedIn, and alternative newspapers.
Progress made on updating job descriptions, aiming for completion by Q1 2025.
Monitored diversity in the candidate pool and aligned recruiting initiatives with inclusivity
commitments.
Successful recruitment initiatives in Public Safety targeting the BIPOC community.
Roadblocks:
Need to expand the database and enhance communication strategies for broader audience reach.
Exploration of additional platforms for job postings is required for maximum visibility.
Next Steps:
Expand the database and improve communication strategies.
Explore additional job posting platforms.
Complete job description updates by the end of Q1 2025.
Enhance strategies for promoting inclusivity in recruitment.
Organize additional recruitment events in collaboration with the LMC in 2025.
Page 10
Council Packet Page Number 22 of 430
F3, Attachment 1
Diversity of Employees
Last Update: Nov 15, 2024 21:31:43
Diversity of Employees
16%
14.80%14.80%
14.60%14.60%
14%
13.60%13.60%
13.40%13.40%
12.20%12.20%
12%
11.41%11.41%
10.98%10.98%
10.70%10.70%
% Diversity of Employees
9.80%9.80%
10%
8%
201620172018201920202021202220232024
% Diversity of Employees
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Diversity of New Hires
Last Update: Nov 15, 2024 21:31:44
Diversity of New Hires
100%
82%82%
77%77%
75%75%75%75%
73%73%
71%71%
75%
67%67%
53%53%
47%47%
50%
33%33%
29%29%
27%27%
25%25%25%25%
23%23%
25%
18%18%
0%
20172018201920202021202220232024
% Caucasian% Non-Caucasian
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Key Outcome 1.4
City services and facilities are accessible to our diverse community
3H<9L=< GF ,GN ¦² ¡ ¤³¢ ³¡
Page 11
Council Packet Page Number 23 of 430
F3, Attachment 1
Accomplishments:
HR initiated a review of job descriptions with a focus on cultural awareness to promote inclusivity and
fairness in recruitment.
Completed ADA audits for City Hall, the Police Department, Public Works, and the Nature Center.
Reviewed proposed projects and estimated costs for ADA compliance, included in the 2025 CIP plan.
Roadblocks:
No specific roadblocks mentioned.
Next Steps:
Schedule and conduct meetings with department supervisors starting October 2024 to enhance cultural
agility in hiring and workplace processes.
Implement ADA projects as part of the 2025 CIP plan.
Performance Measure 1.4.1
Each City department or division will evaluate two (2) existing departmental programs, facilities and/or essential
operations, through the lens of equity, to ensure that delivery of public services are fair and equitable.
Cultural Agility
3H<9L=< GF ,GN ¥² ¡ ³¡¢³¡
HR Initiated an extensive review of job descriptions, placing a significant focus on cultural awareness. We
remain committed to promoting inclusivity and fairness in our recruitment processes through the continuous
refinement of our job descriptions.
A series of meetings with department supervisors has been scheduled by the Human Resource Manager,
beginning in October 2024. The meetings will aim to enhance cultural agility in the hiring process and through
processes and procedures in the workplace.
Performance Measure 1.4.2
Conduct an ADA audit on City Facilities
Cultural Agility
3H<9L=< GF ,GN ¡² ¡ ¢³¥³¥
Sta has completed a review of City Hall, the Police Department, Public Works, and the Nature Center. Sta
has completed a review of proposed projects and their estimated costs. As part of the proposed 2025 CIP plan
funding for implementation of ADA projects has been included.
Key Outcome 1.5
Progress 75%
%#
Parks & Natural Resources programs that embrace diversity, celebrate arts and
On Track100.02
culture, value health and wellness, and promote stewardship of the environment.
Page 12
Council Packet Page Number 24 of 430
F3, Attachment 1
3H<9L=< GF ,GN ¦² ¡ ¤³¢¤³£
Accomplishments:
Conducted various environmental education classes, including buckthorn training, bluebird monitoring,
and tree care.
Published articles on environmental topics such as oak wilt and the new nature center bird area.
Organized service learning activities, including paver installations and native plantings.
Collaborated with local organizations to oer recreational opportunities and maintained an
informational webpage.
Hosted free community events, including a combined fall event for previously canceled activities.
Roadblocks:
No specific roadblocks were mentioned in the provided information.
Next Steps:
Continue oering and expanding environmental education and recreational opportunities.
Maintain and update the webpage with current recreational oerings.
Plan and execute future community events and collaborations.
Performance Measure 1.5.1
Provide access to a variety of environmental education opportunities.
3H<9L=< GF ,GN ¥² ¡ ¥³¥³¡
Environmental classes finished:
Three buckthorn Pop-Up Trainings - January 12, 26 and February 9
Bluebird Monitor Training - March 1
Tree & Shrub Care Plus Pruning Basics - March 22
Frog Monitor Training - April 5
Invasive Plant Patrol Training - April 12
MNC Pollinator and Bird Watching Area Ground Breaking Event - April 19
Century College student volunteers planting event at MNC -May 1
Arbor day Tree Planting Demo - May 4
May 18 & 20 - Tree Sale pickup - planting instruction handout
October 26 Buckthorn pop-up program
Living Articles:
Aug - Audubon Friends Grant, Buckthorn article and coupon
"Did you know" - Oak wilt and Goat permit articles
New Nature Center Bird and Pollinator Viewing Area article
Service Learning:
May 1 - MNC Bird and Pollinator Area paver installation 1
May 30 - MNC Bird and Pollinator Area paver installation 2
June 1 -Native plant purchase day with Friends of Maplewood Nature
Page 13
Council Packet Page Number 25 of 430
F3, Attachment 1
June 3 - Woodbury Sr High Service Day - MNC projects
June 8 - Shrub planting event at Applewood with Friends of the Mississippi River & volunteers
Several native plant plantings with Friends and Audubon volunteers
Performance Measure 1.5.2
Progress 75%
%#
Provide access to a variety of recreational opportunities.
On Track100.02
3H<9L=< GF -;L ² ¡ ¥³¦³
The team has been collaborating with Maplewood YMCA and RevSports to oer recreational activities for
Maplewood residents. We have continued our collaboration with Ramsey County 4H and ISD622 Community
Education to provide nature-based programs at the Nature Center. Additionally, we have created and are
maintaining a webpage dedicated to sharing information about recreational opportunities oered by
surrounding communities and other organizations.
We had a number of free community events this summer and there was a fall event that combined the 4th of
July and Touch A Truck as a make up for those cancelled events.
Key Outcome 1.6
Create opportunities to include community voice in the city's diversity, equity and inclusion initiatives.
3H<9L=< GF ,GN ¦² ¡ ¥³³¢
Accomplishments:
Chief Mondor graduated from the National Fire Academy's Executive Fire Oicer (EFO) Program in Q3
2024.
Completed a Capstone Research project titled "A study of community perceptions of the fire service, How
the United States Fire Service can better connect with diverse community members to create a
representative workforce."
Conducted a qualitative research study to understand perceptions of diverse community members
regarding barriers to employment in the fire service.
Roadblocks:
Existing barriers that prevent diverse applicants from entering the fire service.
Need for further work to eectively instill community voice in department initiatives.
Next Steps:
Continue eorts to build relationships within the community.
Implement findings from the research to address employment barriers and enhance workforce diversity.
Engage community members in agency decisions that aect them.
Page 14
Council Packet Page Number 26 of 430
F3, Attachment 1
Performance Measure 1.6.1
The Fire Department will provide opportunity to instill community voice in department initiatives or services
every year. (Involve the community in agency decisions that aect them.)
Cultural Agility
3H<9L=< GF ,GN ¢² ¡ ¦³ ¥³¢
In Q3 2024, Chief Mondor graduated from the National Fire Academy's, Executive Fire Oicer (EFO) Program.
Chief Mondor's Capstone Research project was titled "A study of community perceptions of the fire service,
How the United States Fire Service can better connect with diverse community members to create a
representative workforce." This qualitative research study was to understand the perceptions of diverse
community members relating to barriers that have historically prevented fire department's from employing a
workforce that is representative of the communities they serve. The study explored community perceptions of
community members relationship with their local fire department, perceptions towards careers in the fire
service, barriers that exist for diverse applicants in entering the fire service and how other public and/or private
industries have been successful in creating workforces that represent those they serve. While there is more
work to be completed to instill community voice in department initiatives, this research was a meaningful step
towards building relationships in the community.
Strategic Priority 2
Progress 82%
%#
Environmental Stewardship: Lead in the protection and enhancement of our
On Track50.010
Some Disruption5.01
natural resources and assets through stewardship, education, and proactive policy.
Completed45.09
Preserve and advocate for a healthy and sustainable environment.
3H<9L=< GF ,GN ¦² ¡ ³¡³
Accomplishments:
Released RFQ for tree planting, resulting in 85 trees planted by Homan and McNamara Nursery.
Conducted prescribed burns with special seed mix and native plantings post-burn.
Planted 110 bur oak trees at Fish Creek for a carbon sequestration study.
Engaged students in invasive species removal and native seed spreading.
Removed 488 ash trees and planted 682 trees citywide in 2024.
Ensured development projects met stormwater quality requirements.
Replaced the playground at Sunset Ridge Park and selected Kohlman Park for the next replacement.
Implemented Nature Center and Recreation Task Forces' recommendations.
Achieved GreenStep Cities Step 5 status.
Increased recycling collection at small businesses and churches.
Roadblocks:
Tree removal eorts are dependent on sta availability and weather.
Staing shortage delayed the Cartegraph GIS system implementation.
Decrease in recycling participation due to business relocations.
Next Steps:
Continue removing ash trees and evaluate additional trees for removal.
Resume Cartegraph GIS system implementation in spring 2025.
Continue implementing Parks System Master Plan recommendations.
Page 15
Council Packet Page Number 27 of 430
F3, Attachment 1
Complete trail ratings in the fall.
Implement recommendations from the Climate Adaptation Plan annually.
Progress on the Climate Mitigation Plan.
Key Outcome 2.1
Progress 72%
%#
Natural Resources are managed to ensure high ecological quality and long-term
On Track85.716
Some Disruption14.291
sustainability.
3H<9L=< GF ,GN ¦² ¡ ¥³³¢
Accomplishments:
Released RFQ for tree planting to close out DNR EAB and SUFR Grants; 85 trees planted by Homan and
McNamara Nursery.
Conducted prescribed burns at multiple locations, including MNC, Gladstone Savanna, and others, with
special seed mix and native plantings post-burn.
Planted 110 bur oak trees at Fish Creek as part of a carbon sequestration study area restoration.
Engaged Century College students in invasive species removal and native seed spreading at several sites.
Removed 488 ash trees from public land and right-of-way; 682 trees planted citywide in 2024.
Ensured all development projects met stormwater quality requirements; received four stormwater
maintenance agreements.
Roadblocks:
Tree removal eorts are dependent on sta availability, weather, and other maintenance work.
Staing shortage has delayed the implementation of the Cartegraph GIS system for BMP maintenance
notifications.
Next Steps:
Continue removing ash trees and evaluating additional trees for removal based on condition.
Resume research and implementation of Cartegraph GIS system for BMP maintenance in spring 2025.
Performance Measure 2.1.1
Progress 75%
%#
Annual management of City preserves, open spaces and trees within City right-of-
On Track100.03
way.
3H<9L=< GF ,GN ¥² ¡ ¥³¥³¢
An RFQ was created and released to seek bids to plant trees on boulevards and in Parks to close out the
2021-2024 DNR EAB Grant and SUFR Grant.
85 trees were planted by Homan and McNamara Nursery
Prescribed burns were conducted at:
MNC
Gladstone Savanna
Beaver Creek
Prairie farm
Prairie planting west of YMCA parking lot.
Prescribed burns were conducted at Applewood Preserve and Carver Preserves; contracted by our grant
partner, Friends of the Mississippi River (FMR). A special buckthorn- preventing seed mix was spread
Page 16
Council Packet Page Number 28 of 430
F3, Attachment 1
aer the burn, followed up with planting of native flowering shrubs and forbs.
A prescribed burn was conducted at Fish Creek, through our partners Great River Greening (GRG),
National Park Service and Mississippi Park Connection.
110 bur oak trees were planted at Fish Creek to replace those lost in the carbon sequestration study area.
Trees were purchased by GRG and planted by Mississippi Park Connection. Tree cages were constructed
by Century College students and installed by a contractor (funded by GRG).
Open Space Monitors have been active in 2024 at Joy, Spoon Lake, Fisher's Corner, Maplewood Nature
Center, Applewood and Carver Preserves and Fish Creek.
Century College students and instructors removed buckthorn at Kohlman Creek, Maplewood Nature
Center, Jim's Prairie and Maplewood City Hall. They also collected native plant seeds, removed invasive
plants at Prairie Farm and Gladstone Savanna (cactus), and spread $5000 worth of native seed at the City
Hall restoration.
Performance Measure 2.1.2
Progress 71%
%#
Track the number of trees removed annually on City land, parks, and right-of-way
On Track100.02
due to disease or hazard. Work towards replacement of the tree canopy.
3H<9L=< GF ,GN ¡² ¡ ¥³¢³¥
A total of 488 ash trees have been removed from public land and City right-of-way this year. Sta will be
continuing to remove ash trees from public land and City right-of-way throughout the year. Removals are
prioritized based on the condition of the trees. Additionally, sta will be evaluating other ash trees in removal
areas to be as eicient as possible with removal. Sta's availability to do tree removal is dependent on other
annual maintenance work and can be aected by weather and reactive maintenance work.
Through the first three quarters of 2024, a total of 682 trees have been planted in the city. This includes
boulevard ash replacements, parks plantings, trees sold as part of the Arbor Day Tree Sale, and replacement
trees as part of the EAB grant program.
Page 17
Council Packet Page Number 29 of 430
F3, Attachment 1
Trees - Removed and Planted
Last Update: Nov 15, 2024 21:31:44
Trees - Removed and Planted
800
682682
600
488488
375375
400
258258
246246
224224
203203203203
177177
200
160160
147147
trees removed and planted annually
125125
0
201920202021202220232024
Trees RemovedTrees Planted
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 2.1.3
Progress 70%
%#
100% of development/redevelopment projects will meet the City's stormwater
On Track50.01
Some Disruption50.01
quality requirements.
3H<9L=< GF ,GN ¥² ¡ ³¡¦³¢¡
All developments in Maplewood, which need to meet the City's stormwater management standards, are
required to enter into a stormwater maintenance agreement to ensure their private stormwater management
system is maintained to function as originally designed. To date, the City has received four such agreements in
2024. These agreements are stored in the Cartegraph GIS system.
Sta have investigated utilizing the Cartegraph GIS system to provide an eicient means of identifying BMPs in
need of maintenance. Likewise, the system is being researched for use in generating notifications to private
BMP owners of the need for regular maintenance. This initiative has been temporarily placed on hold due to a
staing shortage and will be resumed in the spring of 2025.
Key Outcome 2.2
Progress 71%
%#
City parks, trails and open spaces are well-maintained, accessible, and meet the
On Track66.674
Completed33.332
changing needs of the community.
3H<9L=< GF ,GN ¦² ¡ ¥³ ³
Accomplishments:
Replaced the playground at Sunset Ridge Park in July.
Selected Kohlman Park for the next playground replacement based on 2023 ratings.
Page 18
Council Packet Page Number 30 of 430
F3, Attachment 1
Completed 2024 playground inspections and began rating picnic shelters.
Conducted a refresher Cartegraph Training for pavement/trail rating in April, with trail ratings scheduled
for fall.
Implemented recommendations from the Nature Center and Recreation Task Forces, including new
nature and recreation programming.
Maintained collaboration with Friends of Maplewood Nature and other partners for programming.
Scheduled school classes with 4H and hosted events such as the Pumpkin Party.
Hosted a new class on "Common Birds in Minnesota" through Community Education.
Partnered with Friends of Maplewood Nature for summer photo contest prizes.
Roadblocks:
No specific roadblocks mentioned.
Next Steps:
Continue with the implementation of the Parks System Master Plan recommendations.
Complete the rating of trails in the fall as scheduled.
Maintain and enhance resident satisfaction with parks, trails, and open spaces.
Performance Measure 2.2.1
Progress 63%
%#
Implement recommendations from the current Parks System Master Plan to ensure
On Track75.03
Completed25.01
the system is meeting the needs of our residents.
3H<9L=< GF ,GN ¥² ¡ ¥³ ³¡¢
The playground at Sunset Ridge Park was replaced in July of this year. Based on the 2023 playground ratings,
Kohlman park was chosen for the next playground replacement.
Sta completed the 2024 playground inspections and is rating existing picnic shelters.
Sta did a refresher Cartegraph Training on rating pavement/trails in April and is set to rate trails. They will fit
this into the schedule with most taking place in fall.
Performance Measure 2.2.2
Progress 88%
%#
Maintain a 70% resident satisfaction rating with Citys parks, trails and open spaces
On Track50.01
Completed50.01
3H<9L=< GF ,GN ¢² ¡ ³¥³¦
The team has successfully implemented numerous recommendations put forth by the Nature Center and
Recreation Task Forces. These include the introduction of nature programming at the Nature Center and
recreation programming through various partners such as the YMCA, Revsports, District 622 Community
Education, and Ramsey County 4H. We have also maintained a strong collaborative relationship with Friends of
Maplewood Nature.
We have a number of schools out classes scheduled again with 4H now and just recently hosted the first one in
the series with the Pumpkin Party. Community Education just hosted a new class about "Common Birds in
Minnesota" as well.
We again partnered with The Friends of Maplewood Nature to provide the prizes for our summer photo
contest.
Page 19
Council Packet Page Number 31 of 430
F3, Attachment 1
Key Outcome 2.3
Progress 100%
%#
Maplewood will be a leader in preserving and advocating for a healthy and
Completed100.07
sustainable environment.
3H<9L=< GF ,GN ¦² ¡ ¥³¤³¡¦
Accomplishments:
Maplewood achieved the GreenStep Cities Step 5 status in June 2024.
Recycling collection at small businesses and churches increased from 22.39 tons in 2022 to 22.71 tons in
2023, despite a reduction in participating businesses.
Environmental education was provided at the Waterfest event, focusing on the curbside food scraps
collection program and other recycling opportunities.
Roadblocks:
The number of small businesses and churches participating in recycling decreased from 27 in 2023 to 23
in 2024 due to relocations.
Next Steps:
Continue implementing at least three recommendations from the 2021 Climate Adaptation Plan
annually.
Progress on the Climate Mitigation Plan as part of the Climate Adaptation Plan actions.
Performance Measure 2.3.1
Progress 100%
%#
Maintain GreenStep Cities Step 5 Status and Gold Leaf Participation
Completed100.03
3H<9L=< GF ,GN ² ¡ ³¢³£
Maplewood was awarded the GreenStep Cities Step 5 in June 2024.
Page 20
Council Packet Page Number 32 of 430
F3, Attachment 1
Green Step Cities chart
Last Update: Nov 15, 2024 21:28:59
Green Step Cities Status
6
5555555555555555
4444
4
33
2
Green Step Cities Score
0
20132014201520162017201820192020202120222023
Year
Green Step Cities Score
Performance Measure 2.3.2
Progress 100%
%#
Decrease trash and increase recycling in the Citys curbside residential and park
Completed100.02
solid waste programs.
3H<9L=< GF ,GN ² ¡ ³¢¢³¡
In 2023 Tennis Sanitation collected recycling at 27 small businesses and churches. This was reduced to 23 in
2024 due to businesses moving. The recycling collected at small businesses and churches increased from 2022
to 2023, from 22.39 tons to 22.71 tons.
The Environmental and Natural Resources Commission had an environmental education booth at the June 1
Waterfest event. The booth included education and outreach on the curbside food scraps collection program
as well as other opportunities to recycle food waste.
Page 21
Council Packet Page Number 33 of 430
F3, Attachment 1
Recycling Collected Monthly
Last Update: Nov 15, 2024 21:29:23
Average Pounds of Recycling Collected per Month
60
53.9953.9954.0154.01
50
46.1346.13
43.7443.74
43.5443.54
41.2041.20
40
36.4436.44
30
20
12.9512.95
12.1512.15
11.0211.02
Pounds per Single Family Home
10.3910.39
10.1410.14
9.929.929.769.76
10
0
2017201820192020202120222023
Year
Pounds per Single Family HomePounds per Multi-family Home
2@AK <9L9 AK HJGNA<=< 9FFM9DDQ :Q GMJ J=;Q;DAF? HJGNA<=J±
Residential Trash Collected Annually
Last Update: Nov 15, 2024 21:29:38
9250 tons
8,972.03 tons8,972.03 tons
9000 tons
8,932 tons8,932 tons
8,871.61 tons8,871.61 tons
8750 tons
8,546.99 tons8,546.99 tons
8500 tons
8,406.11 tons8,406.11 tons
Solid Waste Collected Annually
8250 tons
8,146.44 tons8,146.44 tons
8000 tons
201820192020202120222023
Date
Solid Waste Collected Annually
2@AK <9L9 AK HJGNA<=< 9FFM9DDQ :Q GMJ LJ9K@ HJGNA<=J±
Page 22
Council Packet Page Number 34 of 430
F3, Attachment 1
# of Illegal Dumping Events
Last Update: Nov 15, 2024 21:30:06
15
1313
10101010
10
5
# of Illegal Dumping Events
0
Mar 31, 2024Jun 30, 2024Sep 30, 2024
Date
# of Illegal Dumping Events
Performance Measure 2.3.3
Progress 100%
%#
Implement a minimum of 3 recommendations from the 2021 Climate Adaptation
Completed100.02
Plan annually.
3H<9L=< GF ,GN ² ¡ ³¢¤³¡¦
Continuing work on the Climate Mitigation Plan, which is an action item in the Climate Adaptation Plan.
Strategic Priority 3
Progress 70%
%#
Financial & Asset Management: Maintain fiscal sustainability while building and
On Track74.0720
Some Disruption14.814
managing assets to preserve long-term investment and ensure uninterrupted
Completed11.113
quality services.
3H<9L=< GF ,GN ¦² ¡ ³¤³ ¥
Accomplishments:
S&P Global Ratings assigned an 'AA+' long-term rating to Maplewood and airmed the 'AA+' rating on the
city's GO debt outstanding.
The financial outlook is stable with an increased unassigned fund balance of $15,364,120 as of December
31, 2023, representing 58.7% of the current year's revenue and 60.9% of expenditures.
Maintained an average annual rate of return on investments close to the 2-year treasury yield rate.
The current debt/capita ratio is $1,175, below the maximum threshold of $1,450, with compliance to
debt policy projected for the 10-year CIP period.
Progress towards the GFOA Triple Crown Award by planning to deliver a popular annual financial report
for the first time.
Cleaned 1/3 of sanitary sewer mains, inspected 4-5% of the system annually, and initiated cleaning and
inspection of stormwater BMPs.
Page 23
Council Packet Page Number 35 of 430
F3, Attachment 1
Construction on the 2024 Maplewood Street Improvement Project is nearly complete with 4.3 miles of
streets improved this year.
Roadblocks:
The City's average rate of return was slightly below the 2-year treasury yield rate by 0.02% as of
9/30/2024.
Eorts are ongoing to achieve at least an "adequate" S&P rating on the Debt and Contingent Liability
measure.
Soware conversion process has caused some disruption, impacting budget performance tracking.
Disruption in developing a facilities rating system and determining a funding source; city council
chamber's broadcast equipment replacement project is on hold.
Review of existing ROW Ordinance and permit forms is ongoing; long-term solution for Gopher State One
Call ticket processing is still in development.
Next Steps:
Continue maintaining financial management practices to uphold the 'AA+' rating and stable outlook,
ensuring the unassigned fund balance remains in line with or exceeds city policy requirements.
Implement strategies to increase the average rate of return to exceed the 2-year treasury yield rate.
Continue working towards achieving the desired S&P rating.
Review options for financial reporting once soware conversions are complete and maintain budget to
actual performance within 5% of budgeted expenditures.
Develop a facilities rating system and secure funding for the program; finalize long-term budget for city
council chamber's broadcast equipment replacement.
Complete minor punch-list items for the 2024 Maplewood Street Improvement Project and incorporate
ROW permit process into Accella soware by fall 2024.
Key Outcome 3.1
Progress 95%
%#
Credit Quality
On Track66.672
Completed33.331
Achieve highest possible level of credit quality in the bond market
3H<9L=< GF ,GN ¦² ¡ ¥³¦³
Accomplishments:
S&P Global Ratings assigned an 'AA+' long-term rating to Maplewood.
S&P Global Ratings airmed the 'AA+' rating on the city's GO debt outstanding.
The financial outlook is stable.
The unassigned fund balance increased to $15,364,120 as of December 31, 2023, representing 58.7% of
the current year's revenue.
The unassigned fund balance represents 60.9% of the current year's expenditures, exceeding the city
policy minimum and desired levels.
Roadblocks:
No specific roadblocks mentioned.
Next Steps:
Continue maintaining the financial management practices to uphold the 'AA+' rating and stable outlook.
Ensure the unassigned fund balance remains in line with or exceeds city policy requirements.
Page 24
Council Packet Page Number 36 of 430
F3, Attachment 1
Performance Measure 3.1.1
Progress 95%
%#
Under S&Ps financial management assessment methodology:
On Track66.672
Completed33.331
1. Maintain Excellent Bond Rating of AA+
± +9AFL9AF +9F9?=E=FL 1;GJ= G> ¾N=JQ KLJGF? E9F9?=E=FL¿
3H<9L=< GF ,GN ¥² ¡ ¡³¥³
As of 6/30/24:
- S&P Global Ratings assigned its 'AA+' long-term rating to Maplewood.
- S&P Global Ratings airmed its 'AA+' rating on the city's GO debt outstanding.
- The outlook is stable.
The unassigned fund balance was $15,364,120 as of December 31, 2023, representing 58.7% of the current
year's revenue. This was an increase from the prior year.
The unassigned fund balance also represents 60.9% of the current year's expenditures which is in line with the
city policy of a minimum of 41.67% and a desired level of 50%.
S&P Bond Rating and Management Score
Last Update: Aug 07, 2024 19:31:24
S&P Bond Rating and Management Score
Key Outcome 3.2
Progress 95%
%#
Maintain an investment strategy that maximizes yield without compromising safety,
On Track100.01
liquidity and diversity.
3H<9L=< GF ,GN ¦² ¡ ¥³³¤
Accomplishments:
Maintained an average annual rate of return on investments close to the 2-year treasury yield rate.
Roadblocks:
The City's average rate of return was slightly below the 2-year treasury yield rate by 0.02% as of
9/30/2024.
Page 25
Council Packet Page Number 37 of 430
F3, Attachment 1
Next Steps:
Implement strategies to increase the average rate of return to exceed the 2-year treasury yield rate.
Performance Measure 3.2.1
Progress 95%
%#
Maintain average annual rate of return on investments above the 2-year treasury
On Track100.01
yield rate.
3H<9L=< GF ,GN ¥² ¡ ¡³³¢
The 2-year treasury yield rate as of 9/30/2024 is 3.66%. The City's average rate was 3.64% as of 9/30/2024.
Benchmark Interest Rate Yield
Last Update: Nov 15, 2024 20:32:14
Benchmark Interest Rate Yield
5%
4.41%4.41%
4.23%4.23%
4%
3.66%3.66%
3.34%3.34%
3%
2.48%2.48%
2.45%2.45%
2.23%2.23%
1.99%1.99%
1.89%1.89%
2%
1.58%1.58%
1.27%1.27%
1.14%1.14%
0.89%0.89%
1%
0.73%0.73%
0.13%0.13%
0%
20172018201920202021202220232024
2 Year TreasuryPortfolio YTM @ Cost
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Key Outcome 3.3
Progress 70%
%#
Strategically manage the debt portfolio in a manner that balances long-term
On Track100.02
financial sustainability with community needs.
3H<9L=< GF ,GN ¦² ¡ ¥³³ ¤
Accomplishments:
The current debt/capita ratio is $1,175, which is below the maximum threshold of $1,450.
The City is in compliance with its debt policy and is projected to remain compliant for the 10-year CIP
period.
Roadblocks:
Page 26
Council Packet Page Number 38 of 430
F3, Attachment 1
Eorts are ongoing to achieve at least an "adequate" S & P rating on the Debt and Contingent Liability
measure.
Next Steps:
Continue working towards achieving the desired S & P rating.
Performance Measure 3.3.1
Progress 90%
%#
Debt/Capita ratio is no higher than $1,450
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ¡³³
The current debt/capita ratio is at $1,175. The City is currently in compliance with its own debt policy and is
projected to be in compliance for the 10-year CIP period.
Debt per Capita Ratio
Last Update: Nov 18, 2024 20:52:18
Debt Per Capita
$1800
$1,633$1,633
$1600
$1,467$1,467
$1,453$1,453
Debt per capita ratio is no higher than $1,450
$1,379$1,379
$1400
$1,331$1,331
$1,275$1,275
Debt per Capita
$1,207$1,207
$1,175$1,175
$1200
$1000
20172018201920202021202220232024
Year
Debt per Capita
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 3.3.2
Progress 50%
%#
1 . J9LAF? G> 9L D=9KL ¾9<=IM9L=¿ GF "=:L 9F< !GFLAF?=FL *A9:ADALQ E=9KMJ=
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ¡³³ ¦
We are working toward this goal.
Page 27
Council Packet Page Number 39 of 430
F3, Attachment 1
S & P Debt and Contingent Liability Score
Last Update: Nov 18, 2024 20:52:55
Key Outcome 3.4
Progress 17%
%#
Develop an annual budget that meets community needs and is in alignment with
On Track66.672
Some Disruption33.331
the strategic plan and City financial policies.
3H<9L=< GF ,GN ¦² ¡ ¥³³¡¡
Accomplishments:
Progress towards receiving the GFOA Triple Crown Award by planning to deliver a popular annual
financial report for the first time.
Roadblocks:
Soware conversion process has caused some disruption, impacting budget performance tracking.
Next Steps:
Continue to review options for financial reporting once soware conversions are complete.
Maintain budget to actual performance within 5% of budgeted expenditures to allow for contingencies.
Performance Measure 3.4.1
Progress 25%
%#
Receive the GFOA Triple Crown Award.
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ¡³³¢
This goal will require us to deliver a popular annual financial report for the first time. We will continue to
review options once our soware conversions are complete.
Page 28
Council Packet Page Number 40 of 430
F3, Attachment 1
GFOA Distinguished Budget Award
Last Update: Aug 07, 2024 19:31:24
GFOA Distinguished Budget Award
Performance Measure 3.4.2
Progress 13%
%#
Maintain budget to actual performance within 5% of budgeted expenditures to
On Track50.01
Some Disruption50.01
ensure an allowance for contingencies.
3H<9L=< GF ,GN ¥² ¡ ¡³ ³
The soware conversion process has caused some disruption.
Budget to Actual Expenditures - General Fund
Last Update: Nov 18, 2024 20:53:37
Budget to Actual Expenditures - General Fund
100%
99.89%99.89%
99.00%99.00%
Goal of being within 1%
98.50%98.50%
98%
97.58%97.58%
97.30%97.30%
97.20%97.20%
96.12%96.12%
96%
95.30%95.30%
% of Budget to Expenditures
94%
92%
20172018201920202021202220232024
Year
% of Budget to Expenditures
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Page 29
Council Packet Page Number 41 of 430
F3, Attachment 1
Key Outcome 3.5
Progress 65%
%#
Capital assets (buildings, grounds and equipment) shall be maintained at a
On Track72.738
Some Disruption27.273
sustainable level that will protect the Citys investment.
3H<9L=< GF ,GN ¦² ¡ ¥³¢³¢¢
Accomplishments:
Cleaned 1/3 of sanitary sewer mains and inspected 4-5% of the system annually.
Initiated cleaning and inspection of stormwater BMPs using Cartegraph for tracking.
Tracked facility maintenance help desk tickets, totaling 59 tickets over three quarters.
Completed 179 reactive repairs/service calls and 142 preventative maintenance tasks in the third quarter
of 2024.
Roadblocks:
Disruption in developing a facilities rating system and determining a funding source.
City council chamber's broadcast equipment replacement project is on hold.
Next Steps:
Continue cleaning and inspecting sanitary sewer mains and stormwater BMPs.
Develop a facilities rating system and secure funding for the program.
Finalize long-term budget for city council chamber's broadcast equipment replacement.
Maintain tracking of vehicle and equipment maintenance activities.
Performance Measure 3.5.1
Progress 72%
%#
Ensure sanitary sewer system is maintained by inspecting and cleaning mains each
On Track100.03
year.
3H<9L=< GF ,GN ² ¡ £³ ³¡
Sta has cleaned 1/3 of sanitary sewer mains and inspected 4-5% of the system annually based on
recommendations from the League of Minnesota Cities.
Page 30
Council Packet Page Number 42 of 430
F3, Attachment 1
SS Mains Cleaned Annually
Last Update: Nov 13, 2024 17:32:09
Sanitary Sewer Main - Feet Cleaned Annually
400k
329,600329,600
309,637309,637
285,473285,473
284,519284,519
300k
261,444261,444
227,047227,047
218,201218,201
189,558189,558
200k
Thousand Feet
100k
0
20172018201920202021202220232024
Date
Thousand Feet
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
SS Main # of Feet Inspected Annually
Last Update: Nov 13, 2024 17:32:09
Sanitary Sewer Main - Feet Inspected Annually
125k
110,011110,011
100k
75,57575,575
75k
57,00457,004
Feet
51,89751,897
46,83346,833
50k
42,08442,084
27,12627,126
22,89822,898
25k
0
20172018201920202021202220232024
Feet
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Page 31
Council Packet Page Number 43 of 430
F3, Attachment 1
Sanitary Sewer Back Up Calls
Last Update: Nov 13, 2024 17:32:09
Total # Sanitary Sewer Back Up Calls
40
31.031.0
30 28.028.0
23.023.0
22.022.022.022.0
20
Total Calls
10 8.08.08.08.0
6.06.06.06.06.06.0
5.05.05.05.0
3.03.03.03.0
2.02.02.02.02.02.02.02.02.02.0
1.01.01.01.01.01.01.01.0
0.00.00.00.0
0
20202021202220232024
Year
Total SS Main Back Up CallsCity SS Main Back UpsHomes ImpactedNo Homes ImpactedCity Claims Filed
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 3.5.2
Progress 74%
%#
Annually inspect 100% of structural stormwater BMPs and clean as needed.
On Track100.03
3H<9L=< GF ,GN ¡² ¡ ¥³£³¢¤
Sta is in the process of cleaning and inspecting sump structures as part of the stormwater BMP's. They have
started using Cartegraph to track the inspection and cleaning tasks along with how much debris is removed
through the stormwater sumps.
Page 32
Council Packet Page Number 44 of 430
F3, Attachment 1
Tons of Material Prevented from Entering the City's Stormwater System Through Annual Sweeping
Last Update: Nov 14, 2024 18:30:38
Tons of Material Prevented from Entering the City's Stormwater System Through Annual Sweeping
2500
2,3092,309
1,9351,935
2000
1,8721,872
1500
1000
850850
Tons of Material
403403
500
0
20202021202220232024
Tons of Material
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 3.5.3
Progress 45%
%#
Ensure that City facilities are maintained to meet the needs of the community and
Some Disruption100.03
sta.
3H<9L=< GF ,GN ¡² ¡ ¥³¡³¦
Sta is currently tracking the number of facility maintenance help desk tickets submitted internally by City
sta. The following is a summary of submitted Internal Help Desk Ticks related to City facilities:
First Quarter - 28 tickets
Second Quarter - 31 tickets
Third Quarter - 31 tickets
Total Tickets - 59 tickets
There is some disruption in the development of a facilities rating system and determining a funding source for
the program.
Page 33
Council Packet Page Number 45 of 430
F3, Attachment 1
# of Internal Building Maintenance Help Desk Tickets Submitted
Last Update: Nov 13, 2024 20:31:43
# of Internal Building Maintenance Help Desk Tickets Submitted
80
60.060.0
60
43.043.0
40.040.0
40
33.033.0
32.032.0
31.031.031.031.0
29.029.0
28.028.028.028.0
27.027.027.027.0
# of Help Tickets
25.025.0
21.021.0
19.019.0
20
0
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q42024 Q12024 Q22024 Q3
Date
# of Help Tickets
Performance Measure 3.5.4
Replace city council chamber's broadcast equipment that is at the end of its life.
3H<9L=< GF ,GN ¥² ¡ ¥³ ¦³¦
Project on hold. Equipment is generally holding up well. Communications is working with finance on a long
term budget. The project still has funding earmarked.
Performance Measure 3.5.5
Progress 73%
%#
Ensure that the city's vehicles and equipment are serviced and maintained to allow
On Track100.02
sta to perform their essential job duties.
3H<9L=< GF ,GN ¡² ¡ ¥³¡³¡¢
Sta is tracking all reactive repairs / service calls and preventative maintenance tasks completed quarterly by
fleet maintenance sta. In 2024, sta completed 179 (3rd Quarter) reactive repairs/service calls. Additionally,
sta has completed 142 (3rd Quarter) preventative maintenance activities.
Page 34
Council Packet Page Number 46 of 430
F3, Attachment 1
Fleet Maintenance - # of Preventative Maintenance and Repair Tasks Preformed
Last Update: Nov 13, 2024 17:32:09
Total # of Fleet Maintenance Tasks Performed
1500
1,3861,386
1,2391,239
1,2371,237
1,1141,114
962962
1000
866866
849849
727727
600600
535535
500
418418
390390
387387386386
371371
Fleet Maintenance Tasks Performed
0
20202021202220232024
Date
Total Fleet Maintenance Tasks# of Preventative Fleet Maintenance Tasks# of Fleet Maintenance Repair Tasks
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Key Outcome 3.6
Progress 86%
%#
Local City roads managed to provide a high quality transportation system.
On Track71.435
Completed28.572
3H<9L=< GF ,GN ¦² ¡ ¥³¥³¡¡
Accomplishments:
Construction on the 2024 Maplewood Street Improvement Project is nearly complete with 4.3 miles of
streets improved this year.
Preparation of a feasibility report for the 2025 Maplewood Street Improvements is underway.
In Q3, 73.5 tons of asphalt were used for patching and 407 tons for spot paving.
Four road complaints and four pothole complaints were logged in Q3 using Cartegraph.
The sign survey is complete, with 12 signs identified for replacement and 6 signs/posts repaired in Q3.
Minor changes implemented to the Gopher State One Call marking request process.
Roadblocks:
Review of existing ROW Ordinance and permit forms is ongoing.
Long-term solution for Gopher State One Call ticket processing is still in development.
Next Steps:
Complete minor punch-list items for the 2024 Maplewood Street Improvement Project.
Continue tracking asphalt usage and road conditions using Cartegraph.
Incorporate ROW permit process into Accella soware by fall 2024.
Complete review of Cartegraph GIS system for GSOC ticket processing by early 2025.
Page 35
Council Packet Page Number 47 of 430
F3, Attachment 1
Performance Measure 3.6.1
Progress 85%
%#
70% of all roads will have a PCI (Pavement Condition Index) of a minimum of 70
On Track75.03
Completed25.01
3H<9L=< GF ,GN ¥² ¡ ³¢£³ £
Construction on the 2024 Maplewood Street Improvement Project is nearly complete, with only minor punch-
list items remaining to be completed. Likewise, the preparation of a feasibility report is underway for the 2025
Maplewood Street Improvements.
City sta will continue to track tons of asphalt used for patching and paving. In quarter three, 73.5 tons of
asphalt was used for patching and 407 tons of asphalt was used for spot paving.
Sta continues to utilize Cartegraph to track all road concerns and complaints. This is one of the tools that
sta uses to monitor road conditions, such as potholes. and make adjustments as needed to future road
projects. In Quarter three, four road complaints were logged and four pothole complaints were logged.
PCI Ratings of City Streets
Last Update: Nov 15, 2024 21:45:33
PCI Ratings of City Streets
75%
73.50%73.50%
73.30%73.30%
70.84%70.84%
Goal of 70%
70%
68.66%68.66%
65%
61.08%61.08%
60.43%60.43%
59.55%59.55%
60%
58.80%58.80%
% of lane miles with a PCI over 70
55%
20172018201920202021202220232024
Year
% of lane miles with a PCI over 70
2@AK AK 9F 9FFM9D E=9KMJ= :9K=< GF KLJ==L J9LAF?K ;GEHD=L=< =9;@ KHJAF?ÒKMEE=J±
Page 36
Council Packet Page Number 48 of 430
F3, Attachment 1
Miles of Street Improved Annually
Last Update: Nov 18, 2024 22:30:29
6
5.405.40
5.805.80
4.354.35
4.304.304.304.30
4.244.24
4.144.14
4.124.12
4.004.00
3.733.73
4
3.573.57
3.533.53
3.403.40
3.253.25
3.203.20
Miles
2
0
201620172018201920202021202220232024
Year
OutcomeAverageTarget: 3.5
Total Tons of Asphalt Used for Paving and Patching (annually)
Last Update: Nov 14, 2024 18:30:36
2000
1879.01879.0
1578.01578.0
1465.01465.0
1454.01454.0
1500
1000
812.0812.0
656.0656.0
598.95598.95
585.0585.0
500
396.0396.0
78.578.5
Total Tons of Asphalt Used for Patching and Paving
0
20202021202220232024
Total Paving (Tons)Total Patching (Tons)
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Page 37
Council Packet Page Number 49 of 430
F3, Attachment 1
# of Road & Pothole Complaints on City Maintained Roads
Last Update: Nov 13, 2024 18:30:42
# of Road & Pothole Complaints on City Maintained Roads
50
41.041.0
40
33.033.0
30
27.027.0
20
12.012.0
11.011.0
10.010.0
# of Road & Pothole Complaints
8.08.0
10
0
2018201920202021202220232024
Year
# of Road Complaints# of Pothole Complaints on City Maintained Roads
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 3.6.2
Progress 100%
%#
Develop a new snow and ice policy
Completed100.01
3H<9L=< GF ,GN ¥² ¡ ³¢¦³
Sta has completed the Snow and Ice Policy.
Several coordination meetings were held with supervisors from the Parks and Natural Resources, Streets &
Storm, and the Sanitary Sewer Divisions of Public Works. These meetings included a review of existing
operations, identification of challenges, review of current equipment and sta, and development of route
optimizations. The new policy was created based on the findings during these meetings.
Performance Measure 3.6.3
Track number of traic sign maintenance tasks completed as identified through the sign survey, street
improvement projects and reported issues.
3H<9L=< GF ,GN ¡² ¡ ¥³£³
The sign survey has been completed and sta is currently making and installing the signs as recommended. In
Quarter three, sta identified 12 signs to be replaced and repaired 6 signs/posts.
Page 38
Council Packet Page Number 50 of 430
F3, Attachment 1
# of Traic Sign Maintenance Tasks Completed
Last Update: Nov 14, 2024 18:30:38
# of Traic Sign Maintenance Tasks Completed
200
158158
150
103103
100
5959
5454
5252
c Sign Maintenance Tasks Completed
50
2121
1515
12121212
# of Traf
6666
22
0000
0
2023 Q12023 Q22023 Q32023 Q42024 Q12024 Q22024 Q3
Date
# of Signs Written Up for Replacement# of Signs/Posts Repaired
Performance Measure 3.6.4
Progress 75%
%#
Update Right-of-way permitting and annual registration process.
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ³³ £
Sta are currently reviewing the existing ROW Ordinance and permit forms to identify any needed changes
prior to incorporating the ROW permits into the Accella soware. It is anticipated that the ROW permit process
will be incorporated into the Accella soware during the fall of 2024.
Performance Measure 3.6.5
Progress 90%
%#
Update Gopher State One Call marking request process.
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ³³¡
Sta have implemented minor changes to the previous locate marking process while working towards a long-
term solution to streamline the Gopher State One Call ticket processing methodology. Sta have begun
reviewing the use of the Cartegraph GIS system to process GSOC tickets in a more eicient manner than the
current soware. The review of this soware will be completed in early 2025.
Page 39
Council Packet Page Number 51 of 430
F3, Attachment 1
Strategic Priority 4
Progress 78%
%#
Integrated Communication: Create a long-term vision that reflects our community
On Track100.02
identity and eectively communicates a consistent, broad-based message and
brand through a variety of mediums.
3H<9L=< GF ,GN ¦² ¡ ³ ³¢
Accomplishments:
Implemented an agenda management document under City Manager leadership, enhancing
understanding of city projects and improving communication.
Achieved successful media outreach with a development pitch leading to a story in mainstream news.
Conducted successful live streams from community events like Celebrate Summer and Friday Fireworks.
Roadblocks:
Logistical issues prevented a successful live stream from the bus tour.
The creation of a Joint Powers Agreement (JPA) with surrounding cities for drone operations is unlikely
due to in-house portfolio expansion.
Next Steps:
Continue eorts to produce a drone video for potential mainstream media coverage.
Prepare a review of Community Connect success for possible legacy media reporting.
Plan live streams for the Santa Parade, utilizing a GPS Santa tracker for improved execution.
Key Outcome 4.1
Progress 78%
%#
A more informed and engaged community by proactively telling the Citys story and
On Track100.02
establishing Maplewood as a regional leader.
3H<9L=< GF ,GN ¦² ¡ ¥³ ³¡
Accomplishments:
Implementation of an agenda management document under City Manager leadership, enhancing
understanding of city projects and improving communication.
Successful media outreach with a development pitch leading to a story in mainstream news.
Conducted successful live streams from community events like Celebrate Summer and Friday Fireworks.
Roadblocks:
Logistical issues prevented a successful live stream from the bus tour.
The creation of a Joint Powers Agreement (JPA) with surrounding cities for drone operations is unlikely
due to in-house portfolio expansion.
Next Steps:
Continue eorts to produce a drone video for potential mainstream media coverage.
Prepare a review of Community Connect success for possible legacy media reporting.
Plan live streams for the Santa Parade, utilizing a GPS Santa tracker for improved execution.
Page 40
Council Packet Page Number 52 of 430
F3, Attachment 1
Performance Measure 4.1.1
Progress 78%
%#
Ensure key city leaders and sta are helping identify potential content for
On Track100.02
Maplewood's social media platforms to increase annual engagement .
3H<9L=< GF ,GN ¥² ¡ ¥³¡³ £
Under the leadership of City Manager Sable, an agenda management document has been implemented. This
has enhanced the understanding of future city projects and has opened avenues for communication to
showcase the city's progress. Some of the results this has produced are a better understanding of the status of
public works projects. We're more informed what developments are coming to town. and we have more
focused collaboration with public safety.
Performance Measure 4.1.2
Broader media outreach with at least 3 City-initiated stories that appear in mainstream Twin Cities news outlets
annually.
3H<9L=< GF ,GN ¥² ¡ ³¢³¢¢
The development pitch led to a story about the Ponds at Battle Creek.
We're working on the drone video that hopefully leads to more mainstream coverage.
We're also putting together a review of Community Connect success to see if it materializes into a legacy media
report.
Performance Measure 4.1.3
Ensure that each department be featured in at least 1 livestream broadcast annually. Public Safety and Parks and
Natural Resources will be featured in at least 3 annually.
3H<9L=< GF ,GN ¥² ¡ ³£³
Sta Conducted Live streams from the Celebrate Summer and the Friday Fireworks.
We attempted a live stream from the bus tour but ran into too many logistical issues.
We plan on doing live streams from the Santa Parade, which should be aided by the addition of a GPS Santa
tracker.
Performance Measure 4.1.4
Create a JPA with surrounding cities to generate revenue via drone operation and general communications
support.
3H<9L=< GF ,GN ¥² ¡ ³¤³£
This likely won't happen as we expand Kevin's in-house portfolio.
Page 41
Council Packet Page Number 53 of 430
F3, Attachment 1
Strategic Priority 5
Progress 67%
%#
Operational Eectiveness: Create a culture that is built on trust, conveys clearly
On Track86.6726
Some Disruption6.672
identified goals and expectations, and is focused on the citys long-range mission
Completed6.672
and vision. Value organizational eiciencies which are based on performance
measurement, accountability, and best practices.
3H<9L=< GF ,GN ¦² ¡ ³ ³¢¡
Accomplishments:
Workers Compensation Experience Modification Factor achieved at 0.84.
Employee Wellness Program participation exceeded 80% city-wide in 2023.
Updates to city hall wellness areas implemented, including SHIP grant projects.
Progress in Fire Department's Health, Safety, and Wellness committee initiatives.
Participation in Sigma Tactical Wellness testing for cardiovascular risk.
Healthy nutrition options introduced for fire/EMS incidents.
NIOSH Top 5 factors integrated into firefighter training.
Consistent evaluation of turnover rate and competitive remuneration oered.
Citizen Access Portal configuration underway for enhanced permit application.
80% of code enforcement complaints closed within 90 days.
100% inspection of licensed establishments using a new electronic system.
IT helpdesk Service Level Agreement compliance maintained over 90%.
Zero catalytic converter thes reported in Q3 2024.
Fire department maintained a 93% response rate within 8 minutes for emergencies.
Roadblocks:
Ongoing evaluation of industry best practices for screenings and assessments.
Need to enhance workforce culture and work setting.
Pause in code enforcement policy evaluation due to sta leave.
Completion of soware standardization pending.
Rising call volumes impacting response times.
Next Steps:
Finalize guiding principles for the Fire Department's committee by Q1 2025.
Complete evaluation of mental health resources expansion by early 2025.
Present recommendations for screenings and assessments by Q4 2024.
Continue wellness updates and oerings expansion in 2025.
Focus on fostering a robust workforce culture and family values.
Continue configuration of the Citizen Access Portal.
Complete soware standardization by end of Q4.
Roll out formal cybersecurity training in Q4 2024.
Monitor response times and optimize resource placement.
Enhance collaboration with neighboring agencies for mutual aid.
Key Outcome 5.1
Progress 69%
%#
Maintain a safe work environment and a healthy workforce.
On Track100.06
Page 42
Council Packet Page Number 54 of 430
F3, Attachment 1
3H<9L=< GF ,GN ¦² ¡ ¥³ ¦³£
Accomplishments:
Achieved a Workers Compensation Experience Modification Factor of 0.84, meeting the target of less
than 1.0.
Employee Wellness Program participation exceeded 80% city-wide in 2023, the highest in the program's
history.
Implemented updates to city hall wellness areas, including a SHIP grant for the courtyard and
construction of wellness/lactation rooms.
Fire Department's Health, Safety, and Wellness committee made progress on injury prevention and
safety committee roles.
Participated in Sigma Tactical Wellness testing for cardiovascular risk assessment and support.
Introduced healthy nutrition options for sustained fire/EMS incidents and firefighter rehab.
Integrated NIOSH Top 5 factors into firefighter survival and live fire training.
Roadblocks:
Ongoing evaluation of industry best practices for pre-employment screening and annual assessments.
Conducting a gap analysis on fireground firefighter rehab procedures.
Forming mission, vision, and values for the Health, Safety, and Wellness committee.
Exploring expansion of mental health resources, with completion expected in early 2025.
Next Steps:
Finalize guiding principles for the Fire Department's Health, Safety, and Wellness committee in Q4
2024/Q1 2025.
Complete evaluation of Fire Department's mental health resources expansion by early 2025.
Present recommendations for pre-employment screening and annual assessments to the fire chief in Q4
2024.
Continue wellness updates and oerings expansion in 2025.
Performance Measure 5.1.1
Progress 75%
%#
The target for the annual Workers Compensation Experience Modification Factor is
On Track100.02
1.0 or less
3H<9L=< GF ,GN ¥² ¡ ³¤³¢¡
We have successfully implemented enhanced educational programs and safety training, resulting in a current
modification factor of .84 which meets the goal of being less than 1.0.
Page 43
Council Packet Page Number 55 of 430
F3, Attachment 1
Workers Compensation MOD Factor
Last Update: Nov 15, 2024 21:48:51
Workers' Compensation MOD Factor
1.75
1.661.66
1.5
1.391.39
1.381.38
1.25
1.181.18
1.161.16
1.131.131.131.13
1.101.10
1.071.071.071.07
cation Factor
Goal of 1.00 or less
1
0.890.89
Modi
0.840.84
0.75
0.690.69
0.5
2012201320142015201620172018201920202021202220232024
Modication Factor
2@AK AK 9F 9FFM9D E=9KMJ= L@9L AK ;9D;MD9L=< >JGE (MDQ LG (MF= ±
Performance Measure 5.1.2
Progress 75%
%#
Achieve employee wellness program participation above 82% city-wide and at least
On Track100.02
76% in each department.
3H<9L=< GF ,GN ¥² ¡ ³¦³¦
Sta continues to reach out to new hires on the benefits of our Employee Wellness Program. Our participation
was consistently over 80% in 2023 city wide which is the highest it has been throughout the history of the
wellness program. We are currently in Trimester 3 of the 2024 Wellness Program year.
Our focus for Q3 of 2024 has been on updates to the city hall wellness areas including a SHIP grant for the
courtyard and construction of 2 wellness/lactation rooms on site. We will continue to expand wellness updates
and oerings in 2025.
Page 44
Council Packet Page Number 56 of 430
F3, Attachment 1
Overall Wellness Participation
Last Update: Nov 18, 2024 21:10:14
Wellness Program Participation
90%
89.0%89.0%
86.0%86.0%86.0%86.0%86.0%86.0%
85.0%85.0%85.0%85.0%
84.0%84.0%84.0%84.0%
85%
83.0%83.0%
81.0%81.0%
80.0%80.0%80.0%80.0%80.0%80.0%80.0%80.0%
Goal
79.0%79.0%
80%
78.0%78.0%78.0%78.0%78.0%78.0%
76.0%76.0%76.0%76.0%
74.0%74.0%
75%
% Total Participation
71.0%71.0%
70.0%70.0%
70%
65%
77788899900011122233344
11111111122222222222222
00000000000000000000000
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% Total Participation
0=HGJLAF? GF 5=DDF=KK H9JLA;AH9LAGF AK GF 9 LJAE=KL=J KQKL=E² OAL@ H=JAG<K =F<AF? AF +9J;@² (MDQ 9F< ,GN=E:=J±
Wellness Participation by Department
Last Update: Nov 18, 2024 21:11:29
Wellness Participation by Department
100%
100.0%100.0%
93.0%93.0%
90.0%90.0%
83.0%83.0%
80.0%80.0%80.0%80.0%
80%
75.0%75.0%
Goal
70.0%70.0%
% Participation
60%
40%
2024
% Participation Admin% Participation Comm Dev% Participation Finance% Participation Fire
% Participation IT% Participation Parks & Rec% Participation Police% Participation Public Works
"9L9 AK >JGE LJAE=KL=J G> ¡±
Performance Measure 5.1.3
Progress 56%
%#
The fire department seeks to promote and enhance health, safety and wellness.
On Track100.02
3H<9L=< GF ,GN ¦² ¡ ¥³ ¡³
Page 45
Council Packet Page Number 57 of 430
F3, Attachment 1
The Health, Safety and Wellness committee made meaningful progress in Q3 2024. During Q3, committee
members received an HR update overviewing injury prevention, the city's MOD factor and the city's safety
committee roles and objectives. The committee created the foundation to begin reviewing first report of injury
and accident investigations internally to augment the city's safety committee.
The department participated in Sigma Tactical Wellness testing which provides sta with greater information
regarding their risk factors related to cardiovascular disease. This program also provides support for sta
through nutrition and exercise counseling and the 4my Heart program which allows sta to participate in
monthly check-ins with a nutritionist in an eort to provide sta with tools to encourage healthy eating habits.
The department implemented healthy nutrition options for sustained fire/EMS incidents and firefighter rehab.
Through this program, sta will have access to healthy food and re-hydration during prolonged emergency
incidents.
The committee began evaluating industry best practices as it relates to pre-employment screening and annual
assessments and recommendations for next steps will be prevented to the fire chief in Q4 2024.
The committee evaluated it's fireground firefighter rehab procedure and is conducting a gap analysis to ensure
that the department is following existing guidance to ensure that adequate firefighter rehab is occurring aer
response to prolonged incidents.
The committee reviewed and prioritized purchasing considerations for physical fitness and engagement
related activities.
The committee began to form a mission, vision and values and will finalize those guiding principles in Q4
2024/Q1 2025.
The committee began exploring the expansion of mental health related resources and will complete this
evaluation in early 2025.
The Fire Department Training Committee is dedicated to integrating the NIOSH Top 5 into 2024 lesson plans. In
October, the NIOSH Top 5 factors were incorporated into firefighter survival training. In December, the factors
will be incorporated into live fire training at the East Metro Training Facility.
Key Outcome 5.2
Progress 35%
%#
Recruitment and retention of talented and qualified workforce.
On Track100.03
3H<9L=< GF ,GN ¦² ¡ ¥³¡¤³¤
Accomplishments:
Consistently evaluating turnover rate.
Providing competitive remuneration and benefits.
Roadblocks:
Need to further enhance workforce culture and work setting.
Next Steps:
Focus on fostering a robust workforce culture and prioritizing family values.
Learn from industry leaders in recruitment through organizations like SHRM and ICMA.
Page 46
Council Packet Page Number 58 of 430
F3, Attachment 1
Performance Measure 5.2.1
Progress 53%
%#
Full-time employee turnover rate will be 10% or less
On Track100.02
3H<9L=< GF ,GN ¥² ¡ ³³
We have demonstrated unwavering commitment in consistently evaluating our turnover rate. Our approach
extends beyond providing competitive remuneration and benefits.
Our future focus is on fostering a robust workforce culture and a work setting that prioritizes family values.
Employee Turnover Rate
Last Update: Nov 15, 2024 21:31:44
Employee Turnover Rate
16
15.315.3
13.713.7
14
12
10.010.0
10
9.49.4
8.78.7
Turnover Rate
7.97.9
8
5.55.5
6
5.35.3
4
20172018201920202021202220232024
Year
Turnover Rate
!MJJ=FL <9L9 J=>D=;LK Q=9J LG <9L= LGL9DK±
Performance Measure 5.2.2
Progress 0%
%#
Evaluate industry leaders who are successful at recruitment and learn from their
On Track100.01
successes.
3H<9L=< GF ,GN ¥² ¡ ³³¢£
We have committed ourselves to continuous learning through respected organizations like the Society of
Human Resources (SHRM) and International City Managers Association (ICMA). Our focus is to further enhance
our ability to eectively meet the needs of our employees.
Key Outcome 5.3
Progress 80%
%#
Provide timely response to resident needs and requests.
On Track57.144
Some Disruption14.291
Completed28.572
3H<9L=< GF ,GN ¦² ¡ ¥³¡¦³
Page 47
Council Packet Page Number 59 of 430
F3, Attachment 1
Accomplishments:
Citizen Access Portal configuration is underway to enhance permit application and tracking for citizens
and contractors.
80% of code enforcement complaints are being closed within 90 days, with eective tracking
mechanisms in place.
Consistent performance by the Neighborhood Preservation Oicer in meeting standards.
Illegal dumping events are being eectively tracked and responded to, with 10 events logged in the third
quarter.
85% of field permit and facility rental applications are answered within 5 business days.
Data Practice requests are being completed within 10 days, with a 95.65% completion rate in the third
quarter.
89% of non-tree related public works issues are resolved within two weeks.
Roadblocks:
Pause in the evaluation of code enforcement policies due to sta leave.
Ongoing eorts to obtain data from the City's trash collector for tracking trash removal.
Next Steps:
Continue the configuration of the Citizen Access Portal for enhanced service delivery.
Resume collaboration with the consultant to update code enforcement policies and ordinances.
Implement the Wakefield 2025 rental date request lottery to improve the application experience.
Finalize data collection from the City's trash collector for comprehensive tracking of trash removal.
Performance Measure 5.3.1
Progress 45%
%#
Establish the Citizen Access Portal for the building permit module to open online
On Track100.01
services to our citizens and contractors to allow them the ability to apply for
permits, track progress, schedule inspections, and see current information
regarding their residential and commercial building permits.
3H<9L=< GF ,GN ¢² ¡ ³¡¤³¢
We are working on configuring our Citizen Access Portal to allow citizens and contractors to see and access
their permit data through our Citizen Access portal.
Performance Measure 5.3.2
Progress 90%
%#
80% of code enforcement complaints in the City will be closed within 90 days of
On Track33.331
Some Disruption33.331
receipt
Completed33.331
3H<9L=< GF ,GN ¥² ¡ ³ ³¡¢
Sta is using its tracking soware to track complaints based on 30, 60 and 90+ day timeframes. This will work
to understand the remaining outstanding cases and ensure sta closes cases when possible.
The City's Neighborhood Preservation Oicer has consistently met the established standards.
Page 48
Council Packet Page Number 60 of 430
F3, Attachment 1
City sta has collaborated with a consultant to evaluate the city's code enforcement policies and ordinances.
Sta put a pause on this work due to a sta leave situation currently occurring. We anticipate presenting dra
updates to the council for consideration early next year.
Performance Measure 5.3.3
Progress 86%
%#
Track tons of trash removed from the park system and City-owned spaces. Track
On Track50.01
Completed50.01
number of illegal dumping events responded to by City sta.
3H<9L=< GF ,GN ² ¡ ¥³ ¢³¢¥
Sta has expanded the utilization of Cartegraph and is now tracking all illegal dumping events that are
responded to by Park Maintenance, Sewer, and Street crews. Some examples of illegal dumping includes; tires,
mattresses, household furniture, and garbage dumped in City streets, boulevards, parks, and open spaces. In
quarter three, 10 illegal dumping events have been logged in the system and responded to by Sta.
Sta is also working on getting data from our City trash collector to track the tons of trash that is removed from
the park system and City-owned spaces.
Performance Measure 5.3.4
Progress 75%
%#
85% of completed field permit and facility rental applications are answered within 5
On Track100.01
business days.
3H<9L=< GF -;L ² ¡ ¥³³¢
Applications continue to be answered within 5 business days.
WAKEFIELD 2025 RENTAL DATE REQUEST LOTTERY:
In an eort to improve the application experience of prospective renters looking for 2025 Wakefield dates we
are developing a lottery process for any date that has multiple applications submitted for it. This window will
eliminate the previous need for people to submit applications on January 1st at 12:01am to get in the "queue"
first. Details will be posted on the website.
Performance Measure 5.3.5
80% of Data Practice requests will be completed within 10 days
3H<9L=< GF 1=H ² ¡ ¢³³
The third quarter of 2024 had a slight decrease from the first and second quarter with 23 requests. We were
able to respond to 22 within 10 days which is 95.65% of the requests. The overall average days to complete a
request was 2.6 days providing a speedy and reasonable return of response.
Page 49
Council Packet Page Number 61 of 430
F3, Attachment 1
Data Requests
Last Update: Oct 04, 2024 19:30:32
Data Request Responses
125
100.00%100.00%100.00%100.00%
97.00%97.00%
96.60%96.60%96.40%96.40%
96.15%96.15%96.00%96.00%
95.65%95.65%
100
90.63%90.63%
90.00%90.00%
Goal of 80% of higher
73.33%73.33%
75
Requests
50
36363636
3333
32323232
30303030
29292929
2828
2727
2626
2525252525252525
2424
2323
2222
2020
25
1818
22
0
2022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q42024 Q12024 Q22024 Q3
Date
Total Number of RequestsTotal Processed in Under 10 days% Objective Reached
Performance Measure 5.3.6
Respond, track and resolve/close 85% of all non-tree issues reported to Public Works within 2 weeks from the
reported date.
3H<9L=< GF ,GN ² ¡ ¥³ ¢³ ¥
The goal is to have 85% of the reported issues closed within two weeks or less from the reporting date. In
quarter three, 83 total issues (excluding tree related issues) were reported. Currently, we have four issues that
remain open and have 89% of the reported issues closed within two weeks.
Page 50
Council Packet Page Number 62 of 430
F3, Attachment 1
% of Cartegraph Issues Closed W/I 2 Weeks
Last Update: Nov 13, 2024 19:30:45
% of Cartegraph Issues Closed Within Two Weeks
400100
92.692.6
92.492.492.192.192.492.4
9090
8989
88.388.388.588.5
352.0352.0
9696
346.0346.0
9595
Target
82.482.4
8282
8080
78.678.6
7878
75.675.6
297.0297.0
300 281.0281.0 75
231.0231.0
52.452.4
205.0205.0
46.846.8
184.0184.0
20050
178.0178.0
164.0164.0
155.0155.0
150.0150.0
127.0127.0
119.0119.0
Total Reported Issues
98.098.0
85.085.085.085.0
83.083.0
100 80.080.079.079.0 25
00
1234123412341234123
QQQQQQQQQQQQQQQQQQQ
0000111122223333444
2222222222222222222
0000000000000000000
2222222222222222222
Total Reported Issues% Issues Closed W/I 2 Weeks
Key Outcome 5.4
Progress 74%
%#
Practice Continuous Improvement (Best Practices in Employee Operations).
On Track87.57
Some Disruption12.51
3H<9L=< GF ,GN ¦² ¡ ¥³¢³£
Accomplishments:
100% of licensed food, pools, and lodging establishments have been inspected annually using a new
electronic system, which also generates reports on-site.
Maintained IT helpdesk Service Level Agreement compliance over 90% during the busy summer period.
Tracked 16 hours of Fleet Maintenance sta assisting other city departments in Q3 2024.
Continued diligence in patching vulnerabilities and educating employees on cybersecurity risks, with
formal training planned for Q4 2024.
Acquired licenses for standardized soware applications across all city departments, with almost all sta
using the new soware.
Roadblocks:
Completion of soware standardization across all departments is pending, targeted for the 4th quarter.
Next Steps:
Complete the implementation of standardized soware applications and hardware by the end of Q4.
Roll out formal cybersecurity training to sta in Q4 2024.
Page 51
Council Packet Page Number 63 of 430
F3, Attachment 1
Performance Measure 5.4.1
100% of licensed food, pools and lodging establishments will be inspected by the Environmental Health Oicer on
an annual basis.
3H<9L=< GF -;L ¡² ¡ £³³
Health inspection sta is using its electronic system to conduct and track food inspections. This new system
allows the inspector to conduct an inspection and generate a report in the field, generating the report on the
spot, which can be emailed to the food manager. During this year, the system has also been implemented for
pool and lodging inspections. Annual inspections are occurring as required.
Performance Measure 5.4.2
Progress 75%
%#
Ensure the percentage of IT helpdesk request Service Level Agreements met is 90%
On Track100.02
or above.
3H<9L=< GF ,GN ¥² ¡ ³¢³¡¢
Summer is always busy but we maintained SLA compliance over 90%.
Percentage of IT helpdesk request SLAs met is 90% or above
Last Update: Nov 18, 2024 21:25:39
100%
95.67%95.67%95.63%95.63%
95.33%95.33%
94.67%94.67%
94.59%94.59%
95%
94.10%94.10%94.13%94.13%
93.91%93.91%
93.79%93.79%
93.67%93.67%93.67%93.67%93.67%93.67%
93.38%93.38%
93.17%93.17%93.20%93.20%
92.99%92.99%
92.69%92.69%
92.67%92.67%92.67%92.67%92.63%92.63%
92.57%92.57%
92.49%92.49%
92.34%92.34%
91.67%91.67%91.67%91.67%
91.33%91.33%
90.95%90.95%
Percentage
Target: 90% or greater
89.33%89.33%
90%
88.67%88.67%
87.85%87.85%
85%
3
123412341234123412
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0000111122223333444
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000000000000000
0000
2222222222222222222
Date
KPIAverageTarget: 90% or greater
Performance Measure 5.4.3
Progress 75%
%#
Track the number of hours that Fleet maintenance sta assists other city
On Track100.01
departments, as needed, to help complete their tasks and objectives.
3H<9L=< GF ,GN ¡² ¡ ¥³¡³¡
Sta is currently tracking the number of hours spent cross training and assisting other departments.
In quarter three of 2024, Fleet Maintenance sta spent 16 hours across training or assisting other departments.
Page 52
Council Packet Page Number 64 of 430
F3, Attachment 1
Fleet Maintenance - # of Hours Spent Cross Training/Assisting Others
Last Update: Nov 13, 2024 17:32:09
150
109.0109.0
102.5102.5
100
73.073.0
69.069.0
68.068.0
64.064.0
63.063.0
53.053.052.552.5
45.045.0
42.042.0
50
40.040.0
Other Departments
31.031.0
21.521.5
16.016.0
10.510.5
10.010.0
4.54.5
Hours Spent Crossing Training/Assisting
1.01.0
0
0000111122223333444
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222222222222222222
2
,,,,,,,,,,,,,,,,,,,
1001100110011001100
3333333333333333333
rrrrr
cccc
npnpnpnpnp
aaaaa
eeee
ueueueueue
JJJJJ
MMMMM
SDSDSDSDS
Date
Hours Spent Crossing Training/Assisting Other Departments
Performance Measure 5.4.4
Progress 70%
%#
Implement proactive measures to safeguard the City's IT assets against emerging
On Track50.01
Some Disruption50.01
cybersecurity risks.
3H<9L=< GF ,GN ¥² ¡ ¦³¢¥³¡
We continue to be diligent when it comes to patching any vulnerabilities and IT continue to educate employees
on what to keep an eye out for. Formal training is being created and will be sent to sta in Q4 2024.
Performance Measure 5.4.5
Progress 75%
%#
Implement standardized soware applications and hardware across all city
On Track100.03
departments for enhanced eiciency and uniformity.
3H<9L=< GF ,GN ¥² ¡ ¦³¢¥³
Making sure sta in all departments are all using a standard set of tools enables greater options for
collaboration and cross-training in our organization. We've acquired the licenses needed to standardize all
productivity suite versions and almost all sta are now utilizing the new soware. We will complete this in the
4th quarter.
Key Outcome 5.5
Progress 56%
%#
Ensure a Safe and Secure Community through prevention and risk reduction
On Track100.06
programs.
3H<9L=< GF ,GN ¦² ¡ ¥³¢³¡
Page 53
Council Packet Page Number 65 of 430
F3, Attachment 1
Accomplishments:
Continued use of the Electronic Roll Call Log and SARA models for information sharing and problem-
solving strategies.
Community Outreach Specialist successfully managed outreach events and the Lights On Voucher
program, receiving positive feedback.
Ongoing recruitment and hiring of Patrol Oicers and Community Service Oicers.
Zero catalytic converter thes reported in Q3 2024, with active work by Auto The Detectives.
Crime Analyst provided investigative support, enhancing patrol and investigation eorts.
Fire department maintained a 93% response rate within 8 minutes for emergency incidents in Q3 2024.
Successful community engagement with over 5,000 residents and participation in major events.
Published 2023 Annual Crime Report and maintained monthly Compstat publication for crime data
analysis.
Roadblocks:
Rising call volumes and increased mutual aid requests impacting response times.
Ongoing need for hiring to reach full capacity in the patrol division.
Next Steps:
Continue monitoring response times and call volume trends to optimize resource placement.
Maintain eorts in hiring and recruitment to fill patrol division vacancies.
Enhance collaboration with neighboring agencies to manage mutual aid requests eectively.
Further develop crime data analysis and tracking of repeat oenders with the Crime Analyst.
Performance Measure 5.5.1
Progress 50%
%#
Through prevention, enforcement, and problem solving eorts use analysis to
On Track100.02
mitigate targeted oenses. Targeted oenses include crimes against person, auto
the and the from auto.
3H<9L=< GF 1=H ² ¡ ¢³³
Quarter 3: July 1 - September 30, 2024
On-going use of the Electronic Roll Call Log and SARA models to share information among personnel. Active problem-
solving strategies being reviewed by Sergeants daily during Roll Calls.
Barb Johnson, our full time Community Outreach Specialist, continues to plan a wide variety of Community Outreach
events and continues to manage the Lights On Voucher program, which provides a voucher for a replacement vehicle
light for drivers spotted in Maplewood with a vehicle light out. This program has been well received and we have
received positive feedback from recipients of the Lights On Vouchers.
Hiring and recruiting is ongoing with new Patrol oicers and Community Service Oicers.
Two Auto The Detectives continue to work on auto the initiatives; zero catalytic converter thes were reported in the
third quarter of 2024.
Our Crime Analyst continues to establish her role as crime analyst, providing investigative support to both our patrol
and investigations departments.
Page 54
Council Packet Page Number 66 of 430
F3, Attachment 1
Violent Crimes Oenses - Quarterly
Last Update: Oct 09, 2024 21:30:35
Violent Crimes Oenses
60
00
88
00
77
22
55
1111
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12341234123412341234123
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Date
HomicideForcible RapeRobberyAggravated Assault
Motor Vehicle Thes - Quarterly
Last Update: Oct 09, 2024 21:30:35
Motor Vehicle Thes - Quarterly
125
100
75
103103
50
9393
9090
Total # of Thefts
8989
7979
6969
6868
6565
6060
5151
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4444
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41414141
3939
3737
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99990000111122223333444
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00000000
000000000000000
22222222222222222222222
Date
Motor Vehicle Thefts
Page 55
Council Packet Page Number 67 of 430
F3, Attachment 1
The From Motor Vehicles - Quarterly
Last Update: Oct 09, 2024 21:30:35
The From Motor Vehicles
400
300
136136108108
117117
200
202202
115115
192192
129129
8787
Total # of Thefts
8585
148148
110110
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Date
23F- Theft From Motor Veh.23G- Theft of Motor Veh. Parts/Accs
Thes from Motor Vehicles - Annual w/Rolling Avg
Last Update: Nov 18, 2024 21:26:35
Thes from Motor Vehicles
1250
1,0321,032
1000
832832
778778
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580580
556556
552552
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348348
298298
250
Reported Thefts from Motor Vehicle
0
20142015201620172018201920202021202220232024
Year
Reported Thefts from Motor VehicleRolling Average
Page 56
Council Packet Page Number 68 of 430
F3, Attachment 1
Catalytic Converter Thes
Last Update: Oct 09, 2024 21:30:35
200
147147
150
134134
118118
104104
103103
100
8484
6868
6060
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Catalytic Converter Thefts
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Performance Measure 5.5.2
Progress 70%
%#
Respond to all emergency (lights and siren) incidents in 8 minutes or less (travel
On Track100.02
time) for 90% of the incidents
3H<9L=< GF ,GN ¥² ¡ ¢³¡£³£
In Quarter 1, 2 and 3 2024, the fire department responded to emergency incidents in 8 minutes or less:
January: 91%
February: 96%
March: 94%
April: 96%
May: 94%
June: 90%
July: 94%
August: 92%
September: 92%
Overall for Q1 2024: 94%, Q2 2024: 93% and Q3 20224: 93%
Cumulative through end of Q3: 93%
Part of the recommendations to achieve the 90th percentile response time at 8 minutes or less included
occupying the new North Fire Station. The department has occupied the new station since June 27th, 2022.
The department will continue to monitor this metric and call volume trends as they impact response times.
Call volumes continue to rise and the department is monitoring emergency calls and the demand for service
along with unit hour utilization and resource placement. The department has continued to see an increase in
mutual aid requests, specifically for EMS related incidents. The department continues to monitor mutual aid
Page 57
Council Packet Page Number 69 of 430
F3, Attachment 1
utilization and has met with neighboring agencies to develop strategies to reduce the demand of mutual aid
requests received. The 90th percentile times reported in this report include only incidents that occurred within
the city limits of Maplewood.
The 90th percentile for all emergency (lights and siren) incidents, including mutual aid is below:
January: 90%
February: 95%
March: 90%
April: 94%
May: 92%
June: 93%
July: 93%
August: 91%
September: 89%
Overall for Q1 2024: 92%, Q2 2024: 93% and Q3 2024: 91%
Cumulative through end of Q3 2024: 92%
Emergency Response Time
Last Update: Nov 18, 2024 21:27:12
100%
93.73%93.73%
93.33%93.33%
92.66%92.66%
90.93%90.93%
90.66%90.66%
90.00%90.00%
Goal of 90% or higher
89.33%89.33%
88.67%88.67%
90%88.33%88.33%88.33%88.33%
87.66%87.66%
87.59%87.59%
86.66%86.66%
85.33%85.33%
84.67%84.67%
83.73%83.73%
82.66%82.66%
82.23%82.23%
81.59%81.59%
80%
is 8 minutes or less
% of incidents where emergency response time
70%
1234123412341234123
QQQQQQQQQQQQQQQQQQQ
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Date
% of incidents where emergency response time is 8 minutes or less
Performance Measure 5.5.3
Progress 48%
%#
Identify, establish and provide fire and EMS prevention programs
On Track100.02
3H<9L=< GF ,GN ¥² ¡ ³¥³¤
The fire department completed 36 fire inspections based on targeted risk in Q3 2024. Additionally, community
risk reduction sta completed 86 other risk reduction activities including fire alarm acceptance testing, pre-
plans, sprinkler, fire alarm and tank review, hydrostatic testing, sprinkler and fire alarm and food truck
Page 58
Council Packet Page Number 70 of 430
F3, Attachment 1
inspections. The fire department has transitioned to a new fire inspection soware and pre-planning soware
which will provide additional tools for our sta when responding to emergency incidents. The department
completed 36 pre-incident plans in Q3 2024.
Q3 2024 was a busy quarter of outreach and engagement within the fire department.
Sta participated in 29 events with varying degrees of scale from small school and daycare visits to the
Touch a Truck and Fireworks event
Fire Department personnel contributed over 300 hours of COE hours in Q3 brining our yearly total to over
800
Sta connected with nearly 5,000 residents and/or visitors of the City of Maplewood with over 50%
coming from diverse backgrounds
Engaged with numerous residents, visitors and neighborhoods on National night out and attended over
50 block parties with over 1,000 combined attendance
Participated in the first combined Touch a Truck and Fireworks event at Hazlewood Park which was a
huge success with a lot of positive feedback from residents and attendees in appreciation of the timing
of fireworks for families and younger children
Met with local businesses (3M) for their emergency response appreciation event
Engaged with numerous diverse populations including with the Philippine Center of Minnesota at their
Open House and gave safety presentations to the Karen community through their church
Engaged with the special needs community at the Annual REM picnic at Battle Creek where group homes
from all across Ramsey County meet for a BBQ
Attended 2 days of the Karen Martyr Festival at Hazelwood Park and handed out hundreds of soccer balls
while engaging with members of the Karen community
Performance Measure 5.5.4
Analyze crime, arrest and use of force data in a non-biased manner through the annual Community Information
Report.
3H<9L=< GF 1=H ² ¡ ¢³³
The 2023 Annual Crime report is published and available on the city's/department's website. Hiring is ongoing
as we strive to reach full capacity in the patrol division and the backgrounding and interviewing process is
ongoing. Oicers continue to utilize Sara Models and eRoll call logs to target hot spots. Our Crime Analyst has
maintained the publication of a monthly Compstat with crime data for oicers to review. Our Records
Management System is shared with several other agencies in Ramsey County, allowing us to access a greater
amount of data while researching and investigating criminal activity. Records users from these agencies meet
monthly to network and share information on how to best utilize our resources within our Records
Management System. Investigators continue to partner with patrol oicers in eorts to get repeat oenders
charged and are working with our Crime Analyst to better coordinate tracking of repeat oender data and
suspect identification.
Page 59
Council Packet Page Number 71 of 430
F3, Attachment 1
Strategic Priority 6
Progress 40%
%#
Targeted Redevelopment: Guide residential development by leveraging resources
On Track90.9110
Major Disruption9.091
to expand the tax base but also create housing options that meets the diversity of
the community. Promote commercial development through the green building
code and innovation that supports business growth.
3H<9L=< GF ,GN ¦² ¡ ³ £³¢
Accomplishments:
Collaborated with JB Vang and Beacon on redevelopment projects in Gladstone, with JB Vang's first
phase underway and land use approvals secured for the second phase.
Received a DEED grant to support Beacon's development project at 1375 Frost.
Participated in planning for the Rice-Larpenteur Alliance's Winter Warm-Up event and pre-development
site planning for Rice-Larpenteur Gardens.
Provided guidance for development projects to ensure compliance with the North End Vision Plan.
Londin Lane project added 119 aordable housing units in summer 2023.
Approval of JB Vang's 65-unit aordable housing project and Beacon Interfaith Housing's 40-unit project
at Gladstone House.
Annual inspection of nearly 500 rental housing licenses covering about 4,000 units.
Roadblocks:
Maplewood City Council's resolutions withholding support for the Purple Line project along the White
Bear Avenue corridor.
Disruption in establishing a scattered site housing program.
Next Steps:
Continue collaboration with Metro Transit, Saint Paul, and Maplewood sta to evaluate the Purple Line
project.
Proceed with construction plans for JB Vang's second phase of aordable housing in 2025.
Maintain active engagement in the Rice-Larpenteur Alliance initiatives and development meetings.
Review and approval of land use applications submitted by the owners of Birch Run for developing two
outbuildings.
Advance multi-family housing projects to add up to 400 aordable units in the next one to three years.
Continue utilizing resources to improve housing quality and increase homeownership opportunities.
Key Outcome 6.1
Progress 43%
%#
Facilitate Investment to Revitalize Neighborhoods
On Track80.04
Major Disruption20.01
3H<9L=< GF ,GN ¦² ¡ ¥³¢¡³
Accomplishments:
Collaboration with JB Vang and Beacon on redevelopment projects in Gladstone, with JB Vang's first
phase underway and land use approvals secured for the second phase.
Received a DEED grant to support Beacon's development project at 1375 Frost.
Active participation in planning for the Rice-Larpenteur Alliance's Winter Warm-Up event and pre-
development site planning for Rice-Larpenteur Gardens.
Page 60
Council Packet Page Number 72 of 430
F3, Attachment 1
Roadblocks:
Maplewood City Council's resolutions withholding support for the Purple Line project along the White
Bear Avenue corridor.
Next Steps:
Continue collaboration with Metro Transit, Saint Paul, and Maplewood sta to evaluate the Purple Line
project.
Proceed with construction plans for JB Vang's second phase of aordable housing in 2025.
Maintain active engagement in the Rice-Larpenteur Alliance initiatives and development meetings.
Performance Measure 6.1.1
Progress 27%
%#
Attract residential and commercial development within the Gladstone
On Track66.672
Major Disruption33.331
neighborhood
3H<9L=< GF ,GN ¥² ¡ ³¦³ ¤
Sta continues to work with JB Vang and Beacon to finalize the remaining steps needed to support their
redevelopment projects in Gladstone. JB Vang's first phase has broken ground, and the developer received
land use approvals for its second phase. The second phase will include 56 units of additional aordable
housing and is slated to start construction in 2025.
Metro Transit sta, Saint Paul sta and Maplewood sta have continued the technical process of evaluating the
White Bear Avenue corridor for potential use of the Purple Line. The Maplewood City Council recently adopted
resolutions withholding support for this project.
The city recently received a new DEED grant to support Beacon's development project at 1375 Frost.
Performance Measure 6.1.2
Progress 68%
%#
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On Track100.02
City of St. Paul.
3H<9L=< GF ,GN ¥² ¡ ³¡³¢
Maplewood Community Development sta have actively participated in the planning process for the upcoming
Winter Warm-Up event. Sta has also been actively involved in the pre-development site planning process for
the Rice-Larpenteur Gardens by attending development meetings, participating in stakeholder workshops
hosted by the Rondo Land Trust, and consulting with their consultants.
Key Outcome 6.2
Progress 48%
%#
Improve economic condition and appearance of the North End and ensure regional
On Track100.02
and community-wide needs are met through future planning and development.
3H<9L=< GF ,GN ¦² ¡ ¥³¢¢³¡
Accomplishments:
Page 61
Council Packet Page Number 73 of 430
F3, Attachment 1
Guidance and direction provided for development projects to ensure compliance with the North End
Vision Plan.
Sta is actively reviewing all permits and requests in the North End for compliance.
Roadblocks:
No specific roadblocks mentioned, but ongoing review processes could potentially delay progress.
Next Steps:
Review and approval of land use applications submitted by the owners of Birch Run for developing two
outbuildings within the center's parking lot.
Planning commission, CDRB, and council to complete reviews by the end of the year.
Work towards adding one multi-family housing development to the North End within the next 3 to 5
years.
Performance Measure 6.2.1
Progress 25%
%#
Guide and direct development projects to ensure compliance and execution of the
On Track100.01
North End Vision Plan.
3H<9L=< GF ,GN ¥² ¡ ³ ³£
Sta will review all permits and requests in the North End to ensure compliance with the Vision Plan.
Performance Measure 6.2.2
Progress 70%
%#
Add 1 multi-family housing development to the North End within 3 to 5 years
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ³ ³¦
The owners of Birch Run have submitted land use applications to develop two outbuildings within the center's
parking lot. This will be reviewed by the planning commission, CDRB and council by the end of the year.
Key Outcome 6.3
Progress 33%
%#
Ensure there is ample life cycle housing to meet the needs of all residents.
On Track100.04
3H<9L=< GF ,GN ¦² ¡ ¥³¢£³¡¥
Accomplishments:
Londin Lane project added 119 aordable housing units in summer 2023.
Approval of JB Vang's 65-unit aordable housing project in spring 2023.
Approval of Beacon Interfaith Housing's 40-unit project at Gladstone House in summer 2023.
Approval of JB Vang's Phase II for 56 additional units.
Annual inspection of nearly 500 rental housing licenses covering about 4,000 units.
Roadblocks:
Disruption in establishing a scattered site housing program.
Next Steps:
Page 62
Council Packet Page Number 74 of 430
F3, Attachment 1
Advance multi-family housing projects to add up to 400 aordable units in the next one to three years.
Continue utilizing resources to improve housing quality and increase homeownership opportunities.
Performance Measure 6.3.1
Progress 40%
%#
Work to incorporate the Met Councils goal of adding 510 aordable housing units
On Track100.01
by 2028
3H<9L=< GF ,GN ¥² ¡ ³ ³¦
The Londin Lane project opened summer 2023, including 119 new aordable housing units. JB Vang was
approved in spring 2023 for a 65-unit aordable housing project. Beacon Interfaith Housing's 40-unit
permanent supportive housing project at the Gladstone House property also received approval in the summer
of 2023. JB Vang's Phase II was recently reviewed and approved by the city and will add 56 aordable housing
units.
There are several other multi-family housing projects in Maplewood in various phases of development, which
would include up to 400 additional aordable housing units at varying aordability levels. These projects are
expected to move forward with construction in the next one to three years, which would meet the comp plan
goal of providing 510 aordable housing units by 2028.
There is some disruption in the establishment of a scattered site housing program.
Performance Measure 6.3.2
Progress 50%
%#
Inspect 100% of the Citys rental housing properties annually.
On Track100.01
3H<9L=< GF ,GN ¥² ¡ ³¡ ³¡
Of the nearly 500 rental housing licenses issued, which cover nearly 4,000 units of housing, all properties are
annually inspected.
Performance Measure 6.3.3
Progress 20%
%#
Improve the quality of the housing stock and increase opportunities for
On Track100.02
homeownership in Maplewood.
3H<9L=< GF ,GN ¥² ¡ ³ ³¢
Sta is utilizing many of its available resources - economic development, code enforcement, etc to move this
eort forward throughout the year.
Page 63
Council Packet Page Number 75 of 430
F3, Attachment 2
November 25, 2024
3rd Quarter of 2024
Strategic Plan Update
Council Packet Page Number 76 of 430
F3, Attachment 2
Plan Status and Progress
Council Packet Page Number 77 of 430
F3, Attachment 2
all.
Mission
safety, and
Statement:
To sustainably
provide health,
quality of life for
Council Packet Page Number 78 of 430
F3, Attachment 2
Council Packet Page Number 79 of 430
F3, Attachment 2
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Council Packet Page Number 80 of 430
F3, Attachment 2
Council Packet Page Number 81 of 430
F3, Attachment 2
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Council Packet Page Number 82 of 430
F3, Attachment 2
Council Packet Page Number 83 of 430
F3, Attachment 2
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F3, Attachment 2
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F3, Attachment 2
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Council Packet Page Number 86 of 430
F3, Attachment 2
Council Packet Page Number 87 of 430
F4
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO: Michael Sable, City Manager
REPORT FROM: Joe Sheeran, Communications Manager
PRESENTER: Michael Sable, City Manager
th
AGENDA ITEM: Proclamation Declaring November 30 as Small Business Saturday
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
Encouraging Maplewood community members to support small locally owned business on Small
Business Saturday.
Recommended Action:
th
Motion to Proclaim Saturday, November 30 as Small Business Saturday in Maplewood.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
Encourage residents to support small, locally owned businesses in our community.
Background:
The City of Maplewood is home to numerous small businesses that supply a wide variety of goods.
Maplewood would join other cities across the country in proclaiming the Saturday after
Thanksgiving as Small Business Saturday to highlight and encourage people to shop at our small
businesses. MaplewoodÓs Communications Department compiled a list of businesses where people
could go for holiday goods and continue shopping with them throughout the year. It will be located
on the City website, be featured in social media posts, and in the Maplewood Living.
Attachments:
1.Small Business Saturday Proclamation
Council Packet Page Number 88 of 430
F4, Attachment 1
Small Business Saturday Proclamation
Whereas, the City of Maplewood celebrates our local small businesses and the
contributions they make to our local economy and community; and
Whereas, according to the United States Small Business Administration, there are more
than 34 million small businesses in the United States, small businesses are responsible for
more than 60% of net new jobs created since 1995, and small businesses employ 45% of
people in the private sector, and
Whereas, the City of Maplewood supports our local businesses that create jobs, boost our
local economy, and preserve our communities.
Now, Therefore, the City of Maplewood proclaims, November 30, 2024, as Small Business
Saturday.
And urges our community to support small businesses on Small Business Saturday, which
is celebrating its 15th year.
Council Packet Page Number 89 of 430
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G2
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM:Joe Rueb, Finance Director
PRESENTER: Joe Rueb, Finance Director
AGENDA ITEM: Approval of Budgeted Transfers
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Transfers between funds are periodically necessary to maintain appropriate accounting standards.
City Council approval of transfers is required. The transfers on the attached lists are budgeted
administrative, capital project and debt service transfers for 2024.
Recommended Action:
Motion to approve the transfers dated November 25, 2024, and authorize the Finance Director to
make the necessary accounting entries.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
Transfers are a component of the City’s annual budget or for the restructuring of accounts. They
provide operational effectiveness.
Background:
Transfers are part of the City’s budget and long-term financial plan and do not have a fiscal impact
because transfers represent activity between funds.
The Budgeted Debt Service Transfers are planned transfers from Tax Increment Financing (TIF)
and utility funds to provide the pledged revenues to service the G.O. bonds. These transfers were
part of the original debt issuance agreement.
Council Packet Page Number 105 of 430
G2
The Budgeted Administrative Transfers primarily represent contributions from utility and TIF funds
for administrative overhead costs. Each year the City budgets for administrative contributions from
these funds.
The Budgeted Capital Project Transfers represent contributions from utility and capital project
funds to finance the 2024 street improvement projects. These transfers are part of the approved
financing plan for each specific street project.
Attachments:
1. Transfers dated November 25, 2024
Council Packet Page Number 106 of 430
G2, Attachment
Council Packet Page Number 107 of 430
G3
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM:Joe Rueb, Finance Director
PRESENTER: Joe Rueb, Finance Director
AGENDA ITEM: Maplewood Area Historical Society Annual Appropriation
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The Maplewood Area Historical Society (MAHS) has requested its annual appropriation of $5,000 for
both 2023 and 2024. Funding is available in the City’s 2024 Budget.
Recommended Action:
Motion to approve the annual appropriation of $5,000 per year for 2023 and 2024 to the Maplewood
Area Historical Society.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $10,000
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
The MAHS offers many programs that provide value to the community and align with the City’s
strategic priorities. The city has been making this appropriation since 2001.
Background:
On September 11, 2001, the City Council approved a motion to include a $2,000 appropriation to the
Maplewood Historical Society in the city’s budget each year. In 2017, the appropriation amount
increased to $5,000, with $3,000 coming from Charitable Gambling Funds. For 2019, the
appropriation increased to $5,000, with an invitation to apply for additional funds from Charitable
Gambling. In 2014, the City Council requested Historical Society financial reports each year.
Attachments:
1. Maplewood Area Historical Society Annual Report 2022 and 2023.
Council Packet Page Number 108 of 430
G3, Attachment 1
Statement of Financial Position
TOTAL
ASSETS
Current Assets
Bank Accounts
1010 Premier Bank Checking (0350)32,382.04
1020 Bill.com Money Out Clearing0.00
1040 Petty Cash150.00
Total Bank Accounts$32,532.04
Accounts Receivable
1120 Allowance for Doubtful Debt-30,000.00
Total Accounts Receivable$ -30,000.00
Other Current Assets
1510 Equity Advisors GWI Portfolio73,428.81
Total Other Current Assets$73,428.81
Total Current Assets$75,960.85
TOTAL ASSETS$75,960.85
LIABILITIES AND EQUITY
Liabilities
Current Liabilities
Credit Cards
2220 Credit Card (Elan 8614)929.26
Total Credit Cards$929.26
Other Current Liabilities
2320 Payroll Liability0.00
2330 Renter Deposits Payable1,300.00
Total Other Current Liabilities$1,300.00
Total Current Liabilities$2,229.26
Total Liabilities$2,229.26
Equity
3010 Fund Balance108,042.39
Net Revenue-34,310.80
Total Equity$73,731.59
TOTAL LIABILITIES AND EQUITY$75,960.85
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Council Packet Page Number 109 of 430
G3, Attachment
!"
Statement of Financial Position
# $% &'(')*'+ ,-. /0/,
TOTAL
ASSETS
Current Assets
Bank Accounts
1010 Premier Bank Checking (0350)15,636.49
1020 Bill.com Money Out Clearing0.00
1040 Petty Cash0.00
Total Bank Accounts$15,636.49
Accounts Receivable
1120 Allowance for Doubtful Debt-39,700.00
Total Accounts Receivable$ -39,700.00
Other Current Assets
1050 In-Kind Clearing0.00
1505 Due From Employee40.17
1510 Equity Advisors GWI Portfolio0.00
1540 Prepaid Expenses0.00
1560 Undeposited Funds0.00
Total Other Current Assets$40.17
Total Current Assets$ -24,023.34
Fixed Assets
1230 Building Improvements12,727.00
1235 Accumulated Depreciation-1,658.74
Total Fixed Assets$11,068.26
TOTAL ASSETS$ -12,955.08
LIABILITIES AND EQUITY
Liabilities
Current Liabilities
Credit Cards
2220 Credit Card (Elan 8614)5,058.25
Total Credit Cards$5,058.25
Other Current Liabilities
2320 Payroll Liability0.00
2330 Renter Deposits Payable1,300.00
2350 Deferred Revenue - Weddings19,170.66
2360 Deferred Revenue - Mission Events0.00
2370 Deferred Revenue - Fundraising Events0.00
Total Other Current Liabilities$20,470.66
Total Current Liabilities$25,528.91
Total Liabilities$25,528.91
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Council Packet Page Number 110 of 430
G3, Attachment 1
!"
Statement of Financial Position
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TOTAL
Equity
3010 Fund Balance73,731.59
Net Revenue-112,215.58
Total Equity$ -38,483.99
TOTAL LIABILITIES AND EQUITY$ -12,955.08
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Council Packet Page Number 111 of 430
G4
CITY COUNCILSTAFF REPORT
Meeting Date November 25, 2024
REPORT TO:MichaelSable, City Manager
REPORT FROM: Steven Love, Director of Public Works/City Engineer
Scott Schultz, Utility/Fleet Superintendent
PRESENTER:Steven Love
AGENDA ITEM: Purchase of Tandem Axle Truck Chassis
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City of Maplewood’s proposed 2025-2029 Capital Improvement Plan (CIP) identifies the
replacement of the Combination Jet/Vac truck. City Council approval is needed to move forward
with this purchase.
Recommended Action:
Motion to approve the purchase of a tandem axle truck chassis and direct the Mayor and City
Manager to enter into a contract with Nuss Truck and Equipment for the purchase under MN State
Contract #T-647(5) in the amount of $155,567.80.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $155,567.80
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: The 2025-2029 CIP identifies
$600,000.00 for the replacement of the Jet/Vac truck. Due to supply chain issues the truck chassis
needs to be ordered in advance of the truck body/equipment buildout. The cost of the purchase of
the tandem truck chassis is $155,567.80. The Finance Director has reviewed the fleet fund balance
and there are sufficient funds to move forward with this purchase.
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
The Jet/Vac truck is a vital piece of equipment for the maintenance and cleaning of the City’s
sanitary sewer and storm sewer system. This piece of equipment helps ensure that sanitary sewer
and storm sewer systems work as intended and provides reliable services to the public.
Council Packet Page Number 112 of 430
G4
Background:
The 2011 Jet/Vac truck (Unit 616) is in need of replacement. This unit is utilized throughout several
departments in Public Works including Fleet, Sanitary Sewer, Storm Sewer, Streets, and Building
Maintenance. Its uses include cleaning and maintenance of sanitary sewers and lift stations, storm
sewers and catch basins, all the sumps in City Hall, the parks and public works buildings, and fire
stations. It is important to note this piece of equipment is vital in meeting our MS4 NPDES Permit
requirements through removal of sediments in our storm sewer sump structures.
As part of the city’s asset management program, fleet assets use a Vehicle Replacement Rating
(VRR) score to reflect the current condition of vehicles and to establish priority of replacement. The
VRR score is based on a scale of 0 to 30 where 0 is a brand-new vehicle and 30 is the highest
priority for replacement. VRR scores are generated by rating a vehicle in six categories. These
categories include the age of the vehicle, usage (distance driven or time used), maintenance and
repair costs (not including accident repairs), reliability (frequency the vehicle is in the shop for
repairs), type of service the vehicle receives, and condition based on mechanic’s inspection. Due to
the heavy wear and a VRR rating of 23, this piece of equipment is recommended for replacement.
For past purchases of vehicles, the agenda reports included both the cost for ordering the chassis
and the vehicle body/equipment buildout. Due to supply chain issues the chassis needs to be
ordered prior to January 1, 2025 to ensure delivery in the second quarter of 2025. Ordering the
vehicle body/equipment buildout is not recommended at this time because inflation and supply
chain issues could drastically change the cost of the buildout by the time the chassis is delivered.
To help control purchasing costs and equipment funding levels, staff is recommending purchasing
the chassis and then get quotes for the buildout once the city receives the chassis. After the chassis
is delivered, staff will then be able to receive an accurate buildout quote, review available funding,
and bring the vehicle equipment buildout purchase to Council for approval.
Following is the cost for one tandem axle chassis:
Nuss Truck and Equipment $155,567.80
Attachments:
1. Quote/Specs from Nuss Truck and Equipment.
Council Packet Page Number 113 of 430
G4, Attachment 1
Council Packet Page Number 114 of 430
G4, Attachment 1
Council Packet Page Number 115 of 430
G4, Attachment 1
Council Packet Page Number 116 of 430
G4, Attachment 1
Council Packet Page Number 117 of 430
G5
CITY COUNCILSTAFF REPORT
Meeting Date November 25, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM: Steven Love, Director of Public Works/City Engineer
Audra Robbins, Parks and Recreation Manager
PRESENTER:Steven Love
AGENDA ITEM: Kohlman Park Playground Replacement
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
As part of the Parks System Master Plan implementation, staff is proposing to replace the
playground at Kohlman Park. This replacement will be funded through the Park Improvement Fund
with a not to exceed budget amount of $130,000. Staff is recommending using Northland
Recreation/Little Tikes for this project and purchasing directly off of the State Purchasing Contract.
Recommended Action:
Motion to approve the replacement of the Kohlman Park playground and authorize the City
Manager and the Mayor to enter into a contract with Northland Recreation/Little Tikes (State
Contract #030117-LTS) with a not to exceed budget of $130,000.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $129,830.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: The 2024-2028 Capital Improvement
Plan (CIP) identifies $130,000 for the proposed playground replacement. Proposed funding for the
playground replacement will utilize Park Improvement Funds.
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The Parks System Master Plan states taking care of the existing parks system was found to be
Maplewood’s highest community priority. This means reinvesting in and upgrading existing parks
and facilities.
Council Packet Page Number 118 of 430
G5
Background
Since the adoption of the Parks System Master Plan in early 2015, staff has been working with the
Parks and Recreation Commission and the City Council on implementing the master plan. Some of
the major outcomes of the plan were to take care of what we have and to improve upon our existing
facilities.
Staff began working with Northland Recreation/Little Tikes through the State Purchasing Contract
for the design of the playground equipment in 2024. The Parks and Recreation Commission
approved the design options. At a neighborhood meeting in October 2024, residents and park users
were able to view designs, equipment options and color schemes and vote for their favorite. This
input was incorporated into the final design. If approved, construction of the playground would begin
in spring of 2025.
Staff recommends that a project budget of $130,000 be established for the replacement of the
Kohlman Park playground and to enter into a contract with Northland Recreation/Little Tikes under
the State Contract.
Attachments
1.Kohlman Park Playground Quote
Council Packet Page Number 119 of 430
G5, Attachment 1
Council Packet Page Number 120 of 430
G5, Attachment 1
Council Packet Page Number 121 of 430
G5, Attachment 1
Council Packet Page Number 122 of 430
G6
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM: Mychal Fowlds, IT Director
PRESENTER:Mychal Fowlds, IT Director
AGENDA ITEM: Microsoft Software Subscription Renewal
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The Microsoft subscription renewal is over $50,000 and therefore requires City Council approval per
our purchasing policy.
Recommended Action:
Motion to approve the Microsoft software subscription renewal payment.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $62,468.40.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: N/A
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
The timely renewal of these Microsoft software subscriptions ensures that the applications and
capabilities remain available to staff.
Background
This item includes the renewal of Microsoft subscriptions for O365 and EMS product suites. Within
each of these suites are a number of applications and capabilities that every employee in the city
uses on a daily basis.
Microsoft applications have been the backbone of City operations since computers were introduced
to the workforce. In 2024 the City of Maplewood renewed its Enterprise agreement with Microsoft
which provides discounted and consistent pricing for applications and subscriptions. City staff uses
the tools included in the O365 and EMS subscriptions on a daily basis to perform their various
functions.
Attachments
1.SHI invoice
Council Packet Page Number 123 of 430
G6, Attachment 1
Council Packet Page Number 124 of 430
G6, Attachment 1
Council Packet Page Number 125 of 430
G6, Attachment 1
Council Packet Page Number 126 of 430
G6, Attachment 1
Council Packet Page Number 127 of 430
G7
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO:Michael Sable, City Manager
REPORT FROM:Brian Bierdeman, Public Safety Director
PRESENTER: Brian Bierdeman, Public Safety Director
AGENDA ITEM: Agreement with City of St. Paul and Acceptance of Department of Public
Safety Grant Money for 2025“Toward Zero Deaths (TZD) Enforcement”
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
City Council approval is requested to sign the agreement and accept the grant money.
Recommended Action:
Motion to approve the agreement with City of St. Paul and accept the Department of Public Safety grant
money for 2025 “Toward Zero Deaths (TZD) Enforcement.”
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $26,428.00.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: Grant Revenue.
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
City Council approval is required to sign the agreement.
Background:
The Maplewood Police Department, as part of a 2025 “Toward Zero Deaths (TZD) Enforcement” grant
through the Minnesota Department of Public Safety, will be receiving $26,428.00 to assist in the funding of
targeted traffic safety enforcement activities, such as of DWI, seatbelt, speed, ‘move over’ law, and
distracted driving offenses. The St. Paul Police Department has taken on the administrative
responsibilities for this grant, so there will be minimal administrative expenses for the City of Maplewood.
The grant begins October 1, 2024 and will be completed on September 30, 2025.
Attachments:
1.Agreement with City of St. Paul
2.MN Department of Public Safety Grant Agreement
Council Packet Page Number 128 of 430
G7, Attachment 1
Agreement
Between the City of Saint Paul and City of Maplewood
THIS AGREEMENT, made and entered into this __25th____ day of ____November_ 2024, is by
and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State
of Minnesota, hereinafter referred to as "City" and City of Maplewood, a political subdivision of
the State of Minnesota, hereinafter referred to as "Provider."
The City and Provider, in consideration of the mutual terms and conditions, promises, covenants,
and payments hereinafter set forth, agree as follows:
SECTION 1: scope of Services.
A.Provider agrees to provide services or perform activities as related to its individual
entity as described in the attached state grant award (Attachment A) that is incorporated herein
and agrees to comply with all special conditions, financial reporting, and other requirements as
detailed in Attachment A.
SECTION 2: Time for Completion.
A.The services described in Section 1 shall be commenced on October 1, 2024 and
will be completed in accordance with the schedule mutually agreed upon with the City through
September 30, 2025.
B.Provider shall not proceed with any task outside of the grant award without specific
authorization from the Project Manager designated by the City.
C.There will be no extension of this contract beyond the date outlined above.
SECTION 3: Billings, Payment, and Reporting.
A.For the Provider's faithful performance of this Agreement, the City hereby agrees
to compensate the Provider in the amounts and according to the provisions of Attachment A.
Total payments to the Provider shall not exceed $26,428.00.
B.The above amounts shall fully compensate the Provider for all costs. No claim for
services and/or costs provided by the Provider, not specifically provided for in this Agreement
will be honored by the City.
C.The Provider shall submit an itemized invoice as well as detailed backup
documents to the City on a quarterly basis. The Provider will be provided with the deadline for
submitting the detailed backup after the grant reporting deadlines have been finalized. The
Provider shall submit the detailed backup within the budget categories as detailed on Attachment
B.Upon receipt of the invoice and verification of the charges by the Project Manager, payment
shall be made by the City to Provider within thirty-five (35) days of the City receiving payment
or reimbursement from the State of Minnesota for services provided under this Agreement.
Council Packet Page Number 129 of 430
G7, Attachment 1
D.Provider shall submit programmatic reporting as requested by the fiscal agent, City
of Saint Paul, on a quarterly basis. No payments shall be made to Provider without programmatic
reports completed by the due date.
E.In the event the Provider fails to comply with any terms or conditions of the
Agreement or grant award (see Attachment A) or to provide in any manner the work or services
as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied
that corrective action has been taken or completed. This option is in addition to and not in lieu of
the City's right to termination as provided in other sections of this Agreement.
SECTION 4: Project Management.
A.The City requires the Provider to assign specific individuals as principal project
members and to assure that the major work and coordination will remain the responsibility of
this individual during the term of the Agreement. Removal of any principal project member
without replacement by equally qualified individual or without the prior written approval of
the City is grounds for termination of the Agreement by the City. Provider's principal project
member is:
Sergeant Tony Gabriel
Maplewood Police Department
1830 County Road B East
Maplewood, MN 55109
B.The Provider has designated Sgt. Tony Gabriel, as the Project Manager for this
Agreement, and the individual to whom all communications pertaining to the Agreement shall
be released. The Project Manager shall have the authority to transmit instructions, receive
information, authorize amendments or changes to the Agreement, and interpret and define the
Provider's policies and decisions pertinent to the work covered by this Agreement.
SECTION 5: City Responsibilities.
A.City agrees to provide the Provider with access to any information from City
documents, staff, and other sources needed by the Provider to complete the work to the extent
permitted by law.
SECTION 6: Work Products, Records, Dissemination of Information.
A.For purposes of this Agreement, the following words and phrases have the
meanings set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Work product" means any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that results
solely from the Provider's services under this Agreement.
"Supporting documentation " means any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other formats which result solely from
Council Packet Page Number 130 of 430
G7, Attachment 1
Provider's services and this agreement and are which are used to generate any and all work
performed and work products generated under this Agreement.
"Business records " means any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to the Provider and
pertaining to services under this Agreement.
B.All Work Products and Supporting Documentation that result from the Provider's
services under this Agreement must be delivered to the City and will become the property of the
City after final payment is made to the Provider with no right, title, or interest in said work
products or supporting documentation vesting in the Provider.
C.Unless otherwise required under State or Federal data privacy law, the Provider
agrees not to release, transmit, or otherwise disseminate information associated with or
generated as a result of the work performed under this Agreement without prior knowledge and
written consent of the City.
D.In the event of termination, all documents finished or unfinished, and supporting
documentation prepared by the Provider under this Agreement, must be delivered to the City by
the Provider by the termination date without further obligation of the City to the Provider except
for payment of amounts due and owing for Services performed and costs incurred as of the date
and time of termination.
E.The Provider must maintain all business records relating to the Agreement in such
a manner as will readily conform to the terms of this Agreement and to make such materials
available at its office at all reasonable times during this Agreement period and for six (6) years
commencing after the later of the date of the final payment under the Agreement or resolution of
all audit findings, for audit or inspection by the City, appropriate federal agency or agencies, the
Audit of the State of Minnesota, or other duly authorized representative.
F.The Provider agrees to abide strictly by Chapter 13, Minnesota Statutes
(Minnesota Government Data Practice Act) as well as any other applicable federal, state, and
local laws or ordinances, and all applicable rules, regulations, and standards established by any
agency of such governmental units which are now or hereafter promulgated insofar as they
relate to the Provider's performance of the provisions of this Agreement.
SECTION 7: Equal Opportunity Employment.
A.The Provider will not discriminate against any employee or applicant for employment
for work under this Agreement because of race, color, religion, gender, age, sexual orientation,
or national origin and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color, religion, gender, age,
sexual orientation, or national origin.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their forms
of compensation; and selection for training, including apprenticeship.
Council Packet Page Number 131 of 430
G7, Attachment 1
SECTION 8: Compliance with Applicable Law.
The Provider agrees to comply with all federal, state, and local laws or ordinances, and
all applicable rules, regulations, and standards established by any agency of such governmental
units, which are now or hereafter promulgated insofar as they relate to the Provider's
performance of the provisions of this Agreement. The Provider also agrees to comply with the
federal requirements contained in Attachments B, C, and D of this agreement and any applicable
provisions of the Federal Uniform Guidance pursuant to 2 C.F.R. § 200 and all relevant
subparts. It shall be the obligation of the Provider to apply for, pay for, and obtain all permits
and/or licenses required.
SECTION 9: Independent Contractor.
A.It is agreed by the parties that, at all times and for all purposes within the scope of this
Agreement, the relationship of the Provider to the City is that of an independent contractor and
not that of employee. No statement contained in this Agreement shall be construed so as to find
the Provider an employee of the City, and the Provider is entitled to none of the rights,
privileges, or benefits of Saint Paul employees.
SECTION 10: Subcontracting.
A.The Provider agrees not to enter into any subcontracts for any of the work
contemplated under this Agreement (unless specifically outlined in the grant) without obtaining
prior written approval of the City.
SECTION 11: Hold Harmless.
That each party will be responsible for their own acts or omissions for their employees,
agents and officials. Nothing in this agreement shall constitute a waiver by either party of any
statutory or common law defenses, immunities, or limits or exceptions on liability.
SECTION 12: Assignment.
A.The City and the Provider each binds itself and its successors, legal representatives,
and assigns of such other party, with respect to all covenants of this Agreement; and neither the
City nor the Provider will assign or transfer their interest in this Agreement without the written
consent of the other.
SECTION 13: Termination.
A.This Agreement will continue in full force and effect until completion of the
Provider's services as described herein unless either party terminates it at an earlier date. Either
party to this Agreement may terminate it by giving no less than thirty (30) days written notice of
the intent to terminate to the other party.
Council Packet Page Number 132 of 430
G7, Attachment 1
B.With Cause. The City reserves the right to suspend or terminate this Agreement if
the Provider violates any of the terms or conditions of this Agreement or does not fulfill, in a
timely and proper manner, its obligations under this Agreement as determined by the City. In the
event that the City exercises its right to suspend or terminate under this Section, will submit
written notice of suspension to the Provider, specifying the reasons therefore, and the date upon
which such suspension becomes effective. Within ten days of receipt of such notice, the
Provider will take all actions necessary to cure the default. If the Provider fails to cure the default
within the ten-day period, the Agreement is immediately terminated. Upon termination of this
Agreement, the Provider will discontinue further commitments of funds under this Agreement.
C.In the event of termination, the City will pay the Provider for all services actually
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until
the date of termination. The Provider will deliver all work products and supporting
documentation developed up to the date of termination prior to the City rendering final payment
for services.
SECTION 14: Default by Provider.
A.In the event Provider fails or neglects to comply with any term or condition of this
Agreement or to provide the services stated herein, City shall have the right, after written notice,
to cease payment hereunder. This remedy shall be in addition to any other remedies, including
termination, available to the City in law or equity.
SECTION 15: Amendment or Changes to Agreement.
A.The City or the Provider may request changes that would increase, decrease, or
otherwise modify the Scope of Services.
B.Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement are valid only when reduced to writing and duly signed by the parties.
C.Modifications or additional schedules may not be construed to adversely affect
vested rights or causes of action which have accrued prior to the effective date of such amendment,
modification, or supplement. The term "this Agreement" as used herein is deemed to include any
future amendments, modifications, and additional schedules made in accordance herewith.
Council Packet Page Number 133 of 430
G7, Attachment 1
SECTION 16: Notices.
A.Except as otherwise stated in this Agreement, any notice or demand to be given under
this Agreement must be delivered in person, sent by certified United States Mail, via electronic
mail with Return Receipt Requested. Any notices or other communications should be addressed
to the individuals and the addresses listed on page one (1) of this Agreement. Any notices or
other communications must be addressed as follows:
To Provider: To City:
Sgt. Tony Gabriel Michele Bunce, Accountant
City of Maplewood Saint Paul Police Department
1830 County Road B East 367 Grove Street
Maplewood, MN 55109 Saint Paul, MN 55101
SECTION 17: Waiver.
A.Any failure of a party to assert any right under this Agreement will not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's provision.
SECTION 18: Survival of Obligations.
A.The respective obligations of the City and the Provider under these terms and
conditions, which by their nature would continue beyond the termination, cancellation, or
expiration of the Agreement will survive such termination, cancellation, or expiration hereof.
B.If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, will terminate. If
a provision is so terminated but the parties legally, commercially, and practicably can continue
this Agreement without the terminated provision, the remainder of this Agreement will continue
in effect.
SECTION 19: Interpretation of Agreement, Venue.
A.This Agreement will be interpreted and construed according to the laws of the State of
Minnesota. All litigation related to this Agreement shall be venued in the District Court of the
City of Ramsey, Second Judicial District, State of Minnesota, where applicable.
SECTION 20: Force Majeure.
A.Neither the City nor the Provider will be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control, including, but
not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and
other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other
civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities.
Council Packet Page Number 134 of 430
G7, Attachment 1
SECTION 21: Entire Agreement.
It is understood and agreed that the entire Agreement supersede all oral agreements and
negotiations between the parties relating to the subject matters herein.
SECTION 22: Attachments.
As so referenced in these terms and conditions, the Attachments and Addenda attached
to this Agreement, and all obligations and duties articulated and certifications made therein, are
incorporated into and made part of this Agreement.
Attachment A: Scope of Work
Attachment B: Budget Categories and Amounts
Attachment C: Standard Federal Award Requirements: Non-Discrimination,
Federally Assisted Construction Contracts, Contractor Debarment,
Suspension, and Responsibility Certification
Attachment D: Additional Federal Provisions
Attachment E: Anti-Lobbying Certification Addendum: Grant Specific
Requirements
SECTION 23: Applicable Contract Terms and Conditions.
By signing this Agreement, the Provider acknowledges and agrees that federal financial
assistance may be used to fund all or a portion of the contract. The Provider will comply with all
applicable federal law, regulations, executive orders, policies, procedures, and directives. In
addition, Provider will comply with all applicable terms and conditions, requirements,
attachments, and addenda no matter the source of funding. Provider further agrees that contract
terms and conditions, requirements, Attachments, and addenda are subject to change based on
source of funding.
SECTION 24: Electronic Signatures.
The Parties agree that the electronic signature of a Party to this Agreement will be as valid as an
original signature of such Party and will be effective to bind such Party to this Agreement. The
Parties further agree that any document (including this Agreement and any attachments or exhibits
to this Agreement) containing, or to which there is affixed, an electronic signature will be deemed
(i)to be "written" or "in writing," (ii) to have been signed and (iii) to constitute a record established
and maintained in the ordinary course of business and an original written record when printed
from electronic files. For purposes hereof, "electronic signature" also means a manually signed
original signature that is then transmitted by any electronic means, including without limitation a
faxed version of an original signature or an electronically scanned and transmitted version (e.g.,
via PDF) of an original signature. Any Party's failure to produce the original signature of any
electronically transmitted signature will not affect the enforceability of this Agreement.
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G7, Attachment 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and
year first above written.
For the City: For City of Maplewood:
Approved as to form:
By:
Anthony Edwards
Assistant City Attorney
Date:
By:
Paul Ford
Assistant Chief of Police
Date:
By: By:
John McCarthyMichael Sable
Director of Financial Services City Manager
Date: Date:
By: By:
Melvin CarterMarylee Abrams
Mayor Mayor
Date: Date:
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EXHIBIT A
Scope of Work
The purpose of this SOW is to describe the work, services, tasks and/or deliverables that Provider
will provide to the City under the City Terms and Conditions agreed upon by the Parties, (the
"Agreement"). Additional terms and conditions may be set forth in this SOW. To the extent the
terms and conditions of this SOW are inconsistent with those of the Agreement, the terms of this
SOW will control with respect to the work, services, tasks and/or deliverables described herein.
Capitalized terms used herein shall have the same meaning as those used in the Agreement. This
SOW is an attachment to and is incorporated by this reference into the Agreement as if fully set
forth therein and made a part thereof. This SOW, together with the Agreement, represents the
complete and total understanding of the parties regarding the Services to be provided by Provider
hereunder.
File Attached:
\[TZD Enforcement 2024-25 A-ENFRC25-2025-SPPD-027-EXECUTED 10.23.24.pdf\]
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EXHIBIT C
Budget Categories and Amounts
Maplewood Police Department
Budget Categories Budget Amount
Total DWI $15,548.00
Distracted Driving
$3,460.00
(April 1-30)
Speed
$1,920.00
(May 1-June 30)
Seatbelt
$1,920.00
(May 19- Jun 1)
Speed
$760.00
(July 1-Sept 1)
Seatbelt (Sep 21-27) $640.00
Special Projects $1,820.00
Grand Total: $26,428.00
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G7, Attachment 1
EXHIBIT C
Standard Federal Award Requirements
I.Non-Discrimination.
Contractor will comply with any applicable federal or state law regarding non-discrimination. The
following list includes, but is not meant to limit, laws which may be applicable:
A.The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq.
which prohibits discrimination in employment because of race, color, religion, sex or national
origin.
B.Equal Employment Opportunity-Executive Order No. 11246, 30 FR 12319, signed
September 24, 1965, as amended, which is incorporated herein by reference, and prohibits
discrimination by U.S. Government contractors and subcontractors because of race, color,
religion, sex or national origin.
C.The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3
(J)and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified
handicapped persons in the access to or participation in federally-funded services or
employment.
D.The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as amended,
and Minn. Stat. § 181.81, which generally prohibit discrimination because of age.
E.The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d), which provides that an
employer may not discriminate on the basis of sex by paying employees of different sexes
differently for the same work.
F.Minn. Stat. Ch. 363A, as amended, which generally prohibits discrimination because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation or age.
G.Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race,
creed, or color in any state or political subdivision contract for materials, supplies or
construction. Violation of this section is a misdemeanor and any second or subsequent violation
of these terms may be cause for forfeiture of all sums due under the Agreement.
H.Americans with Disabilities Act of 1990, 42 U.S.C, §§ 12101 through 12213, 47 U.S.C.
§§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against
qualified individuals on the basis of a disability in term, condition or privilege of employment.
1.Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. and including 45 CFR Part
80, prohibits recipients of federal financial assistance from discriminating on the basis of
national origin which includes not discriminating against those persons with limited English
proficiency.
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J.Equal Protection of the Laws for Faith-based and Community Organizations, Exec. Order No.
13279 signed December 12, 2002, and as amended May 3, 2018. Prohibits discrimination against
grant seeking organizations on the basis of religion in the administration or distribution of federal
financial assistance under social service programs, including grants and loans.
K, Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212,
with regulations at 41 C.F.R. Part 60-250, which prohibits discrimination in employment against
protected veterans.
Il. Contractor Debarment, Suspension, and Responsibility Certification.
Federal Regulation 45 CFR 92.35 prohibits state and local governments from purchasing goods
or services with federal money from vendors who have been suspended or debarred by the federal
government. Similarly, Minn. Stat. § 16C.03, subd. 2 provides the Commissioner of
Administration with the authority to debar and suspend vendors who seek to contract with the
State of Minnesota or a local government. Vendors may be suspended or debarred when it is
determined, through a duly authorized hearing process, that they have abused the public trust in
a serious manner.
By Signing This Agreement, Contractor Certifies: That it and its Principals and Employees:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from transacting business by or with any federal, state or local
governmental department or agency; and
B.Have not within a three (3) year period preceding this Agreement: 1) been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (federal, state or local)
transaction or contract; 2) violated any federal or state antitrust statutes; or 3) committed
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property; and
C.Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain or performing a public (federal, state or local) transaction; 2) violating any federal or
state antitrust statutes; or 3) committing embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements or receiving stolen property; and
D.Are not aware of any information and possess no knowledge that any subcontractor(s)
that will perform work pursuant to this Agreement are in violation of any of the certifications
set forth above; and
E.Shall immediately give written notice to the City Project Manager or Buyer should the
Contractor come under investigation for allegations of fraud or a criminal offense in connection
with obtaining, or performing a public (federal, state or local government) transaction; violating
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any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property.
"Principals" for the purposes of this certification means officers; directors; owners; partners; and
persons having primary management or supervisory responsibilities within a business entity (e.g.
general manger; plant manager; head of a subsidiary, division, or business segment and similar
positions).
Anti-Lobbying and Required Certificate
Contractors that apply or bid for an award exceeding $ 100,000 must file the required
certifications pursuant to 31 U.S.C. 1352. By entering into this Agreement, Contractor certifies
it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each Contractor and Subcontractor must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient (i.e. the City) who will in turn forward the
disclosure(s) to the relevant Federal Agency. If the required certification is applicable,
Contractor or Subcontractor must sign the certification attached hereto as Exhibit D, and
complete a disclosure form if required, and submit it to the City.
Clean Air Act
Contractors that apply or bid for an award exceeding $ 150,000 must comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) Clean Air Act (42
USC. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended. Violations will be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
Rights to Inventions Made Under a Contract or Agreement
If this Agreement meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
Contractor wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Contractor must comply
with the requirements of 37 CFR Part 401 , "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency (the City).
Prohibition on certain telecommunications and video surveillance services or equipment.
The City and Contractor are prohibited from obligating or expending loan or grant funds to:
(1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a
contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
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G7, Attachment 1
uses covered telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law
115232, section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities).
(i)For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities).
(ii)Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii)Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director of
the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected to, the government
of a covered foreign country.
Domestic references for procurements.
The Contractor should, to the greatest extent practicable under a Federal award, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products).
For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that
all manufacturing processes, from the initial melting stage through the application of coatings, occurred in
the United States; (2) "Manufactured products" means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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G7, Attachment 1
EXHIBIT D
Additional Federal Provisions
A.APPLICABILITY
The following list contains additional public laws, executive orders and other federal regulations
or requirements which may be applicable to activities funded in whole or in part with federal
funds.
COPELAND ANTI-KICKBACK ACT
18 U.S.C. § 874; 29 C.F.R. Part 3
Prohibits kickbacks to public employees, and any person involved in the administration of federal
funds.
EXECUTIVE ORDER 11246 AS AMENDED BY EXECUTIVE ORDERS 11375 11478 12086
AND 12107
41 C.F.R. Chapter 60; 24 C.F.R. § 24 C.F.R. §
Relates to equal employment opportunities under HUD contracts and HUD assisted construction
contracts.
UNIFORM ADMINISTRATIVE REOUIREMENTS
2 C.F.R. Part 200, subps. C and D; 24 C.F.R. 570.502, 570.610
Contains uniform administrative requirements applicable to federally funded grants and contracts.
Includes requirement for the City and/or HUD to monitor/review/report on subgrantee activities.
UNIFORM COSTS PRINCIPLES
2 C.F.R. Part 200, subp. E; 24 C.F.R. 570.502, 570.610
Relates to cost and expenditure principles for federally funded grants and contracts.
UNIFORM AUDIT REOUIREMENTS
2 C.F.R. Part 200, subp. F; 24 C.F.R. 570.502, 570.610
Contains audit requirements for non-profit organizations and governmental entities.
EXECUTIVE ORDERS 11625 12432 AND 12138
2 C.F.R. § 200.321; 24 C.F.R. 24 C.F.R. § 570.904(d)
Relates to the national programs for Minority Business Enterprises and Women's Business
Enterprises.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974
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G7, Attachment 1
42 U.S.C. § 5309; 24 C.F.R. Part 6; 24 C.F.R. § 570.602
Prohibits discrimination on the basis of race, color, religion or national origin in any activity or
program funded in whole or in part with CDBG or UDAG funds.
AGE DISCRIMINATION ACT OF 1975
42 U.S.C. 6101-6107; 24 C.F.R. £ 5.1050(1)¤, 24 C.F.R, Part 146; 24 C.F.R. £570.602
No persons shall, on the basis of age, be excluded from participation or be denied benefits, or be
subject to any discrimination from any program receiving federal assistance.
ARCHITECTURAL BARRIERS ACT OF 1968
42 U.S.C. 4151-4157; 24 C.F.R. § 570.614(a)
Requires certain Federal and Federally funded buildings and other facilities to be designed,
constructed, or altered in accordance with standards that insure accessibility to, and use by,
physically handicapped people.
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
42 U.S.C. 4321-4370m-12¤, 24 C.F.R. Part 58; 24 C.F.R. £ 570.604
The recipient of federal funds assumes the responsibility for ensuring that environmental reviews
are completed prior to the start of any activity funded in whole or in part with federal funds.
NATIONAL HISTORIC PRESERVATION ACT OF 1966
54 U.S.C. 300101-307108; 24 C.F.R. §
Relates to the process for designating structures on the National Historic Preservation List, and
the kinds of activities which may be done as a result of this designation.
ARCHEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974
54 U.S.C. 312501-312508; 24 C.F.R. §
Provides for the preservation of significant scientific, prehistorical, historical, or archeological
data that may otherwise be lost in the course of work on federally funded projects.
EXECUTIVE ORDER 11593
24 C.F.R. §
Provides for the protection and enhancement of the cultural environment.
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G7, Attachment 1
HATCH ACT
5 U.S.C. 1501-1508; 24 C.F.R. §
Prohibits the financing of any type of political activities with federal funds.
CODE OF CONDUCT AND CONFLICT OF INTEREST
2 C.F.R. § 200.317-.318, 24 C.F.R. § 570.611
States that no person(s) administering federally funded programs may, as a result of their position,
receive personal gain.
IMMIGRATION AND NATIONALITY ACT AS AMENDED BY IMMIGRATION
REFORM
AND CONTROL ACT
8 U.S.C. 1324a-1330¤, 8 C.F.R. £ 245a.5; 24 C.F.R. £ 570.613
Prohibits employers from hiring and employing an individual for employment in the U.S. knowing
that the individual is not authorized with respect to such employment. The requirements of this
Act apply to Subgrantee and any and all contracts that Subgrantee enters into with any contractor
or subcontractor. Also prohibits certain newly legalized aliens from being eligible to apply for
benefits under covered activities funded by the programs listed in 24 C.F.R. § 570.613.
DRUG-FREE WORKPLACE ACT OF 1988
41 U.S.C. § 701; 24 C.F.R. § 5.105(d)
Requires federal grant recipients and federal contractors with a contract for more than $100,000
to adopt a drug-free workplace policy and establish a drug-free awareness program.
EVALUATION OF COST REASONABLENESS
2 C.F.R. and 2 C.F.R. 200.404
Provides criteria that costs must meet in order to be allowable under Federal awards and lists
considerations that must be given in determining the reasonableness of a given cost.
\[Section Left Intentionally Blank.\]
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G7, Attachment 1
EXHIBIT E
Lobbying Certification
The undersigned certifies, to the best of the undersigned's knowledge and belief, on behalf of
Contractor that:
A.No Federal appropriated funds have been paid or will be paid, by or on behalf of Contractor,
to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, Contractor shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3.Contractor shall require that the language of this certification be included in the award
documents for all subcontracts at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
1
not more than $ 100,000 for each such failure.
The undersigned hereby represents and warrants that the undersigned has the authority to
sign on behalf of Contractor. The undersigned certifies or affirms the truthfulness and
accuracy of each statement of each certification made herein and disclosure, if any. In
addition, the undersigned understands and agrees that the provisions of 31 U.S.C. Chap.
38, Administrative Remedies for False Claims and Statements, apply to this certification
and disclosure, if any.
1
These civil penalty amounts are subject to adjustments for inflation pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil
Inflation Adjustment Act Improvements Act of 2015.
Penalties
Council Packet Page Number 146 of 430
G7, Attachment 1
IN WITNESS WHEREOF, the undersigned has caused this Certification to be executed the day
and year first above written on behalf of Contractor.
Contractor Name By:
Print Name:
Its
Council Packet Page Number 147 of 430
G7, Attachment 2
Grant Contract Agreement Page 1 of 2
Grant Program:
Office of Traffic Safety2025 Enforcement
445 Minnesota Street, Suite 1620
Saint Paul, Minn., 55101 Grant Contract Agreement No.:
A-ENFRC25-2025-SPPD-027
Grantee:
Grant Contract Agreement Term:
St. PaulPolice Department
367 Grove Street Effective Date:Oct. 1, 2024
St. Paul, Minn. 55101-2416 Expiration Date:Sept. 30, 2025
Grant Contract Agreement Amount:
CommanderJeremyEllisonOriginal Agreement$969,900.00
St. PaulPolice DepartmentMatching Requirement*$0.00
367 Grove StreetSee special conditions
St. Paul, Minn. 55101-2416
(651)266-5457
Jeremy.Ellison@stpaul.gov
Federal Funding:CFDA/ALN: 20.600, 20.608, 20.616
FAIN:69A37523300004020MN0,
Shannon Grabow
69A37523300001640MNA, 69A3752330000405HMN0
Office of Traffic Safety
State Funding: N/A
445 Minnesota Street, Suite 1620
Saint Paul, Minn., 55101
*Special Conditions:If equipment is purchased, a 50
(651)373-9671
percent match of the item is required. Refer to program
shannon.grabow@state.mn.us
manual.
Under Minn. Stat. § 299A.01, Subd 2 (4)the State is empowered to enter into this grant contract agreement.
Term: Per Minn. Stat.§16B.98, Subd. 5,the Grantee must not begin work until this grant contract agreement is
fully executed and the State's Authorized Representative has notified the Grantee that work may commence.Per
Minn.Stat.§16B.98Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully
executed. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for
expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only
be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is
the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first.
The Grantee, who is not a state employee, will:
2025
which is incorporated by reference into this grant contract agreement
EnforcementApplication
and on file with the State at 445 Minnesota Street, Suite 1620, Saint Paul, Minnesota 55101. The Grantee shall
also comply with all requirements referenced in the 2025 EnforcementGuidelines and Application which includes
the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are
incorporated by reference into this grant contract agreement.
Budget Revisions:
and incorporated into this grant contract agreement. As stated in the Grantees Application and Grant Program
Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation
and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by
the Grantee.
Matching Requirements:
matching requirement will be met by the Grantee.
DPS Grant Contract Agreement Non-State (rev. March 2024)
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G7, Attachment 2
Grant Contract Agreement
Page of
22
Payment: As stated in the Grantees Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
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1.ENCUMBRANCE VERIFICATION3.STATE AGENCY
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Individual certifies that funds have been encumbered as
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required by Minn. Stat. £ 16A.15.Signed: _____________________________________________
(with delegated authority)
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Signed: _____________________________________________ Title: ______________________________________________
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Date: _______________________________________________ Date: ______________________________________________
Grant Contract Agreement No./ P.O. No.
A-ENFRC25-2025-SPPD-027/3000097919
Project No. 25-04-01
2.GRANTEE
The Grantee certifies that the appropriate person(s)
have executed the grant contract agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
Signed: ______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Title: ________________________________________________
Date: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Title: ________________________________________________
Date: ________________________________________________
Date: ________________________________________________
Signed: ______________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: ________________________________________________
Council Packet Page Number 149 of 430
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G8
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO: Michael Sable, City Manager
REPORT FROM: Mychal Fowlds, IT Director
PRESENTER:Mychal Fowlds, IT Director
AGENDA ITEM: Addendum to Police Department Staffing Study
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
This item is an addendum to a previously approved contract and therefore requires City Council
approval per our purchasing policy.
Recommended Action:
Motion to approve the addendum to the Police Department staffing study which adds a technology
assessment.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $20,000.00.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
The technology assessment will help to identify gaps, improve operational efficiency, and ensure
that Police technology meets their evolving needs. The assessment also provides IT with
actionable information on how best to support the Police department now and in the future.
Background:
Earlier this year the City Council approved a Police Department staffing study contract. An optional
add-on to that staffing study is a technology assessment. A technology assessment for Police
Department ensures that current systems are effective, reliable, and meet operational needs. It will
help identify gaps and optimize resource use while keeping pace with emerging trends and
advancements. It is beneficial to have the same company perform both the staffing study and the
technology assessment because it ensures a holistic approach, aligning staffing needs with
technology to optimize overall efficiency and effectiveness.
Attachments:
1. Addendum to Police Department Staffing Study
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J1
CITY COUNCILSTAFF REPORT
Meeting Date November 25, 2024
REPORT TO:MichaelSable, City Manager
REPORT FROM: Steven Love, Director of Public Works/City Engineer
PRESENTER:Steven Love
AGENDA ITEM: Establish Project Budget for 2025 Pond Cleaning/Dredging Project, City
Project 24-20
Action Requested:MotionDiscussionPublic Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
Stormwater ponds and retention basins are an important component for managing stormwater
runoff and to help improve water quality for our lakes, ponds, and wetlands. The 2024-2028 Capital
Improvement Plan (CIP) and the proposed 2025-2029 CIP Plan identifies maintenance work to be
done on some of the city-maintained storm ponds in the winter of 2024/2025. The City Council will
consider establishing a project budget of $330,000 for the 2025 Pond Cleaning/Dredging Project,
City Project 24-20.
Recommended Action:
Motion to establish a project budget of $330,000 for the 2025 Pond Cleaning/Dredging Project, City
Project 24-20.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $330,000.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: The 2024-2028 CIP and the proposed
2025-2029 CIP identifies $330,000.00 for the cleaning/dredging on some of the city-maintained
stormwater ponds. Proposed funding for this project will come from the Environmental Utility Fund
(EUF). A total of $110,000 of EUF funding in 2024, 2025, and 2026 is proposed for a total budget of
$330,000. The majority of the project costs will be reimbursed to the Ramsey Washington Metro
Watershed District (RWMWD) in 2025 and 2026.
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated CommunicationOperational EffectivenessTargeted Redevelopment
Stormwater pond and retention basins are an important component of the City’s storm water
system. Maintenance work is required to ensure these systems continue to operate as designed.
Council Packet Page Number 161 of 430
J1
Background:
Stormwater ponds and retention basins are utilized to control the runoff rate and minimize
downstream flooding and erosion issues. These ponds and basins also capture sediment and help
settle pollutants found in stormwater runoff. Maintenance of the City’s stormwater ponds and basins
includes conducting dredging projects to remove sediment that has collected over time.
As part of Ramsey Washington Metro Watershed District’s (RWMWD) Capital Improvement Plan
the District has offered local cities a partnership opportunity to take part in their 2024/2025 pond
dredging project. RWMWD performs all of the pond surveys, collection and review of sediment core
data, provides engineering design, and administration of the pond cleaning contract. Local cities
can choose to participate by having ponds/basins of their choice included with the RWMWD project.
This partnership allows the city to maximize the amount of dredging that can be done through
economy of scale as well as benefitting from the RWMWD expertise. Dredging activities would take
place early in the winter of 2024/2025 with majority of the reimbursement to RWMWD taking place
in 2025 and 2026.
The City’s 2024-2028 CIP plan and the proposed 2025-2029 CIP plan identify a pond
cleaning/dredging project in the winter of 2024/2025 with a maximum budget amount of $330,000.
Staff identified the top three ponds in need of dredging. This included the pond at Maple Hills Drive,
the pond north of the intersection of Arlington Avenue and Currie Street, and the storm outlet into
Kohlman Lake north of Kohlman Park (see attached maps).
In December of 2024, RWMWD will hold their bid opening and award a contract for the dredging
work. The total estimated cost for the City of Maplewood is $248,000. Maplewood’s share of the
project will be based on bid results and final quantities. The estimated cost includes some
contingency for contaminated sediment, which can cause an increase in disposal costs.
Staff recommends that a project budget of $330,000 be established for the dredging of the three
ponds/basins listed above. The majority of costs associated with this project will be reimbursed
back to RWMWD in 2025 and 2026.
Attachments:
1.Pond Cleaning/Dredging Map
Council Packet Page Number 162 of 430
J1, Attachment 1
Pond Location Maps
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Maple Hills Pond
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Pond at Arlington and Currie
Council Packet Page Number 163 of 430
J1, Attachment 1
Pond Location Maps
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Kohlman Lake Outlet
Council Packet Page Number 164 of 430
J2
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO: Michael Sable, City Manage
r
REPORT FROM: Mike Darrow, Assistant City Manager/Director of Human Resources
PRESENTER: Mike Darrow, Assistant City Manager/Director of Human Resources
Ron Batty, City Attorney
AGENDA ITEM: Draft Cannabis Ordinance
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Chapter 342 of Minnesota Statutes, approved in 2023 & updated in 2024, allows for adult-use
cannabis throughout the State of Minnesota. The City Council has discussed elements of this
ordinance over the past year related to definitions, the number of proposed cannabis businesses
allowed within the City, buffer areas, application processing and land uses. A Planning Commission
public hearing will occur to review and approve the use table prior to formal adoption of the
Ordinance.
Recommended Action:
No formal action is being requested at this Council meeting. Formal adoption of the Ordinance
would occur after a Public Hearing before the Planning Commission on December 3, 2024. It is
anticipated this item will come back to the City Council for formal approval on December 9, 2024.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship
Integrated Communication Operational Effectiveness Targeted Redevelopment
Upon passage of the Ordinance, there will be business opportunities available within the City.
Background:
Over the past year, City staff have presented information pertaining to a model cannabis ordinance.
In preparation for this draft, staff have reviewed updated information from the Office of Cannabis
Council Packet Page Number 165 of 430
J2
Management (OCM) as well as proposed standards from neighboring communities. Below are
some of the key elements of this draft:
There will be no cap on the number of businesses allowed within the City of Maplewood.
Temporary cannabis events will be allowed by permit only and must comply with event
requirements.
Cannabis retail will not be allowed as a home occupation.
Buffering requirements from schools, licensed day care, park features, or residential
treatment facility are 500 feet.
Cannabis businesses are permitted only within zoning districts outlined within the use table.
(The use table will require a public hearing before the Planning Commission).
Attachments:
1. Cannabis Ordinance Draft
2. Draft Use Table (This will be presented to the Planning Commission on December 3, 2024).
3. Presentation
Council Packet Page Number 166 of 430
J2, Attachment 1
ORDINANCE NO. _____
An Ordinance Creating Chapter 15 to Regulate Cannabis Businesses
The Maplewood City Council ordains as follows:
Section I. The city council hereby creates Chapter 15 of the Maplewood code of ordinances by adding
the following:
/I!t9w ЊЎ͵ Α /ğƓƓğĬźƭ .ǒƭźƓĻƭƭ
Sec. 15-1. - Findings and Purpose.
The City of Maplewood makes the following legislative findings: The purpose of this chapter is to
protect the public health, safety and welfare of the City by implementing regulations pursuant to
Minnesota Statutes, Chapter 342 related to cannabis and hemp businesses. The City finds and
concludes that these regulations are appropriate and lawful, that the proposed amendments will
ƦƩƚƒƚƷĻ ƷŷĻ ĭźƷǤƭ źƓƷĻƩĻƭƷ źƓ ğ ƩĻğƭƚƓğĬƌĻ ƭƷğĬźƌźƷǤ źƓ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ğƓķ ƩĻķĻǝĻƌƚƦƒĻƓƷ ƚŅ ƷŷĻ /źƷǤ
for now and in the future and that the regulations are in the public interest and public good.
{Ļĭ͵ ЊЎΏЋ͵ Α 5ĻŅźƓźƷźƚƓƭ͵
All definitions found in Minn. Stat. 342.01 are adopted by reference, in addition to the following
definitions:
Applicant means an entity with a license issued by the Office of Cannabis Management (OCM) that is
applying for an initial registration or the renewal of a registration through the City.
The Act means Minnesota Statutes, Chapter 342, as may be amended from time to time.
Cannabis Retail Business means a cannabis retail business retailer and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations
endorsement, medical combination businesses operating a retail location. Any person, partnership,
firm, corporation, association, foreign or domestic, selling cannabis to a consumer and not for the
purpose of resale in any form.
Lower-potency hemp edible is a defined under Minn. Stat. 342.01 subd. 50.
OCM means the Office of Cannabis Management.
Park feature means an attraction within a public park that is regularly used by minors, including a
playground or athletic field. These may include playground equipment, courts, ice rinks, active or
passive park features.
Potential licensee means an entity that has not received a license from the OCM.
Preliminary license approval means OCM pre-approval for a cannabis business license for applicants who
qualify under Minn. Stat. 342.17.
Residential treatment facility means any facility licensed or regulated by the Minnesota Department of
Human Services that provides 24-hour-a-day care, loķŭźƓŭͲ ƚƩ ƭǒƦĻƩǝźƭźƚƓ ƚǒƷƭźķĻ ğ ƦĻƩƭƚƓƭ ŷƚƒĻ ğƓķ
which also provides chemical dependency or mental health services.
Council Packet Page Number 167 of 430
J2, Attachment 1
Retail registration means an approved registration issued by the city of Maplewood to a state-licensed
retail business.
Retailer means a cannabis retail business or lower-potency hemp edible retailer that is required to
obtain a retail registration from the city.
School means a public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must
meet the reporting requirements under Minn. Stat. 120A.24.
State license means the approved license issued by the {ƷğƷĻ ƚŅ aźƓƓĻƭƚƷğƭ hŅŅźĭĻ ƚŅ /ğƓƓğĬźƭ
Management to a cannabis retail business.
Zoning Ordinance means all city land use ordinances authorized under Minn. Stat. Chapter 462.
{Ļĭ͵ ЊЎΏЌ͵ Α !ǒƷŷƚƩźƷǤ ğƓķ WǒƩźƭķźĭƷźƚƓ͵
The City has authority to adopt this ordinance pursuant to Minn. Stat. 342.13(c) allowing a local
unit of government to adopt reasonable restrictions of the time, place and manner of the operation of a
cannabis business provided that such restrictions do not prohibit the establishment or operation of
cannabis businesses; Minn. Stat. 342.22, requiring local registration and enforcement of state-licensed
cannabis retail businesses and lower-potency hemp edible retail businesses; and Minn. Stat. 462.357,
granting the authority of a local unit of government to adopt zoning ordinances.
{Ļĭ͵ ЊЎΏЍ͵ Α tƩĻΏƌźĭĻƓƭĻ /ĻƩƷźŅźĭation of Cannabis Businesses.
(a) Authorization. The City Manager is authorized to appoint staff to certify to the OCM
ǞŷĻƷŷĻƩ ğ ƦƩƚƦƚƭĻķ ĭğƓƓğĬźƭ ĬǒƭźƓĻƭƭ ĭƚƒƦƌźĻƭ ǞźƷŷ ƷŷĻ /źƷǤƭ ǩƚƓźƓŭ ƚƩķźƓğƓĭĻƭͲ Ʒŷźƭ
Chapter, and if applicable, with state fire code and building code pursuant to Minn. Stat.
342.13.
(b) Certification. Potential licensees are responsible for obtaining all necessary zoning approvals
prior to the City receiving the request for certification from the OCM. If a potential licensee
fails to obtain necessary zoning approvals prior to the City receiving a request for
certification, the City will inform the OCM that the potential licensee does not meet zoning
and land use laws. If, at the time the City receives a request for zoning certification, there
are no further intended alterations to the building where the business is to be conducted,
the City will also certify compliance with building and fire code regulations, provided that
ƷŷĻ ƦƚƷĻƓƷźğƌ ƌźĭĻƓƭĻĻ ŷğƭ ƚĬƷğźƓĻķ źƓƭƦĻĭƷźƚƓƭ ƦƩźƚƩ Ʒƚ ƷŷĻ /źƷǤƭ ƩĻĭĻźƦƷ ƚŅ ğ ƩĻƨǒĻƭƷ ŅƚƩ
certification from the OCM. Building and fire code inspections will be valid for 1 year from
completion.
{Ļĭ͵ ЊЎΏЎ͵ Α wĻƷğźƌĻƩ wĻŭźƭƷƩğƷźƚƓ͵
(a) Retail Registration Required. Before making retail sales to customers or patients, a Retailer
must register with the City. Making retail sales to customers or patients without an active
registration is prohibited. Subject to Minn. Stat. 342.22, subd. 5(e) the city may impose a
ĭźǝźƌ ƦĻƓğƌƷǤͲ ğƭ ƭƦĻĭźŅźĻķ źƓ ƷŷĻ /źƷǤƭ CĻĻ {ĭŷĻķǒƌĻͲ ŅƚƩ ƒğƉźƓŭ ğ ƭğƌĻ Ʒƚ ğ ĭǒƭƷƚƒĻƩ ƚƩ
patient without a valid registration from the City and a valid license from the OCM.
(b) Limits. Any interested business that has completed an approved application may operate
within the City, subject to the conditions of this chapter. Applications will be considered
Council Packet Page Number 168 of 430
J2, Attachment 1
complete when all materials found in Sec. 15.5(c) are received by the City and include all of
the information and fee described in Sec. 15-5(d).
(c) Application. The applicant must submit a registration application or renewal form provided
by the City. The form may be amended from time to time, but must include or be
accompanied by:
(1) Name of the property owner
(2) Name of the applicant
(3) Address and parcel ID for the property for which the registration is sought
(4) Certification that the applicant complied with the requirements of this Chapter
(5) Proof of taxes, assessments, utility charges or other financial claims of the city or
the state are current.
(6) A copy of a valid state license or written notice of OCM license preapproval.
(d) Fee required. At the time of the initial application, ğƓķ ƦƩźƚƩ Ʒƚ ƷŷĻ /źƷǤƭ ĭƚƓƭźķĻƩğƷźƚƓ ƚŅ
any renewal application, each Retailer must pay, ğƭ ĻƭƷğĬƌźƭŷĻķ źƓ ƷŷĻ /źƷǤƭ ŅĻĻ ƭĭŷĻķǒƌĻͲ
the following fees:
(1) At the time of initial registration:
a. An initial registration fee. The initial registration fee will pay for the costs of
registration and the cost of the first year of operation.
b. {ǒĬƭĻƨǒĻƓƷ ƩĻƓĻǞğƌ ŅĻĻƭ Ǟźƌƌ ĬĻ ŅƚǒƓķ ǞźƷŷźƓ ƷŷĻ /źƷǤƭ CĻĻ {ĭŷĻķǒƌĻ͵
(2) At the time of the first annual renewal (prior to the second year of operation), no
fee will be due.
(3) At the time of the second annual renewal, and each year thereafter, the renewal fee
must be paid prior to the City issuing any renewal registration.
(e) Non-refundable. Initial registration fees and renewal registration fees are non-refundable.
{Ļĭ͵ ЊЎΏЏ͵ Α tƩĻƌźƒźƓğƩǤ /ƚƒƦƌźğƓĭĻ /ŷĻĭƉ͵
Prior to issuing any retail registration, the City shall conduct a preliminary compliance check to
ensure compliance with this Chapter and any other regulations established pursuant to Minn. Stat.
342.13.
{Ļĭ͵ ЊЎΏА͵ Α wĻğƭƚƓƭ ŅƚƩ 5ĻƓźğƌ͵
The City shall not issue a registration or renewal if any of the following conditions are true:
(1) The applicant has not submitted a complete application.
(2) The applicant does not comply with the requirements of this Chapter.
(3) The applicant does not comply with the applicable zoning and land use regulations.
(4) The applicant is found to not comply with the requirements of the Act or this
Chapter at the preliminary compliance check.
(5) The applicant is not current on all property taxes and assessments at the location
where the retailer is located.
(6) The applicant does not have valid license from the OCM.
{Ļĭ͵ ЊЎΏБ͵ Α LƭƭǒźƓŭ ƷŷĻ wĻŭźƭƷƩğƷźƚƓ ƚƩ wĻƓĻǞğƌ͵
Council Packet Page Number 169 of 430
J2, Attachment 1
The City shall issue the registration or renewal if the Retailer meets the requirements of this
Chapter, including that none of the reasons for denial in Sec. 15-7 are true.
{Ļĭ͵ ЊЎΏВ͵ Α bƚƓƷƩğƓƭŅĻƩğĬƌĻ͵
A registration is not transferable to another person, entity or location.
{Ļĭ͵ ЊЎΏЊЉ͵ Α wĻŭźƭƷƩğƷźƚƓ 9ƓŅƚƩĭĻƒĻƓƷ͵
(a) Generally. The City Council may impose a fine or suspend a registration under this Chapter on a
finding that the registered business has failed to comply with the requirements of this Chapter
or any applicable statute or regulation.
(b) Notice and Right to Hearing. Prior to imposing a fine or suspending any registration under this
chapter, the City shall provide the registered business with written notice of the alleged
violations and inform the registered business of their right to a hearing on the alleged violation.
(1) Notice shall be delivered in person or by regular mail to the address of the
registered business and shall inform the registered business of its right to a hearing.
The notice will indicate that a response must be submitted within ten (10) business
days of receipt of the notice, or the right to a hearing will be waived.
(2) If no request for a hearing is received within ten (10) business days following the
service of the notice, the matter shall be submitted to the City Council for
imposition of the fine or suspension of the registration.
(3) ŷĻ ƩĻŭźƭƷĻƩĻķ ĬǒƭźƓĻƭƭ Ǟźƌƌ ĬĻ ŭźǝĻƓ ğƓ ƚƦƦƚƩƷǒƓźƷǤ ŅƚƩ ğ ŷĻğƩźƓŭ ĬĻŅƚƩĻ ƷŷĻ /źƷǤƭ
designated Hearing Officer before final action to fine or suspend a registration. Prior
to the hearing, the hearing officer shall prepare findings. The Hearing Officer shall
give due regard to the frequency and seriousness of the violations, the ease with
which such violations could have been cured or avoided and good faith efforts to
comply and shall issue a decision to fine or suspend the registration only upon
ǞƩźƷƷĻƓ ŅźƓķźƓŭƭ͵ źƷŷźƓ ƷĻƓ ΛЊЉΜ ĬǒƭźƓĻƭƭ ķğǤƭ ƚŅ ƷŷĻ IĻğƩźƓŭ hŅŅźĭĻƩƭ ƚƩķĻƩͲ ƷŷĻ
decision may be appealed to the City Council, provided, the registered business has
submitted a written application for appeal within ten (10) business days after the
notice was served.
(c) Emergency. If, in the discretion of the City, a registered business poses an imminent threat to
the health or safety of the public, the City may immediately suspend the registration and
provide notice of the right to hold a subsequent hearing as prescribed in part two (2) of this
section.
(d) Reinstatement. The City may reinstate a registration if it determines that the violations have
been resolved. The City shall reinstate a registration if the OCM determines the violations have
been resolved.
{Ļĭ͵ ЊЎΏЊЊ͵ Α /ƚƒƦƌźğƓĭĻ /ŷĻĭƉƭ
(a) The City shall complete at minimum one compliance check per calendar year of every registered
business to assess if the business meets age verification requirements, as required under \[Minn.
Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24\] and any applicable cannabis or hemp regulations
adopted by the City.
Council Packet Page Number 170 of 430
J2, Attachment 1
(b) The City shall conduct at minimum of at least one unannounced age verification compliance
check per calendar year. Age verification compliance checks shall involve persons at least 17
years of age but under the age of 21 who, with the prior written consent of a parent or guardian
if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the
direct supervision of a law enforcement officer or an employee of the City.
(c) Any failures under this section are a basis for enforcement action and must be reported to the
OCM.
{Ļĭ͵ ЊЎΏЊЋ͵ Α IƚǒƩƭ ğƓķ 5źƭƷğƓĭĻ wĻƨǒźƩĻƒĻƓƷƭ
(a) Hours of Operation. Sales of approved products at a registered cannabis retail business are only
allowed between the hours of 10 a.m. and 9 p.m. seven days per week. The cannabis retail
business may not be open to the public or sell any other products at times when the business is
prohibited from selling approved products.
(b) Buffer Zones. The city prohibits the establishment and operation of a cannabis business within
the following buffer zones:
(1) 500 feet from a School;
(2) 500 feet from a Residential treatment facility;
(3) 500 feet from an attraction with a Park feature
(c) Measuring buffers. ŷĻ ĬǒŅŅĻƩƭ Ǟźƌƌ ĬĻ ƒĻğƭǒƩĻķ ŅƩƚƒ ƷŷĻ ƦƚƷĻƓƷźğƌ ƌźĭĻƓƭĻĻƭ ƦƩƚƦƚƭĻķ
business location based on the location of schools, residential treatment facilities, and park
features on the date the city receives the request from the OCM for certification pursuant to
Sec. 15-4(b). Buffer distances will be measured from the edge of the property line to the
property line of the proposed business. In the case of a park feature, it will be measured from
the park feature to the property line of the proposed business.
(d) Exemptions. Nothing in this section shall prohibit a cannabis business from continuing to
operate at the same location if a school, residential treatment facility, or park feature
establishes within the buffer.
{Ļĭ͵ ЊЎΏЊЌ͵ Α ĻƒƦƚƩğƩy Cannabis Events
(a) Permit Required. A permit is required to be issued and approved by the City prior to holding a
Temporary Cannabis Event held by a licensed Cannabis Event Organizer, as established and
provided for in Minnesota Statutes, Chapter 342.
(b) Permit Fee. ! ƦĻƩƒźƷ ŅĻĻͲ ğƭ ĻƭƷğĬƌźƭŷĻķ źƓ ƷŷĻ /źƷǤƭ fee schedule, shall be charged to applicants
for Temporary Cannabis Event permits.
(c) Permit Standards. The applicant must meet ƷŷĻ ƭƷğƓķğƩķƭ ƚŅ /źƷǤ /ƚķĻ {Ļĭ͵ ЊЍΏЌБЎ Α {Ļĭ͵ ЊЍΏ
492, Large Assemblies.
(d) Application Submittal. An applicant must submit an application for city approval of a temporary
cannabis event permit in a form provided by the city clerk. The application may be amended
from time to time but shall include or be accompanied by:
(1) Full name of the property owner and applicant;
(2) Address, email address and telephone number of the applicant;
(3) A copy of the OCM cannabis event license application, submitted pursuant to Minn.
Stat. 342.39 subd. 2.;
Council Packet Page Number 171 of 430
J2, Attachment 1
(4) tĻƩƒźƷ ŅĻĻ ğƭ ƩĻƨǒźƩĻķ źƓ ƷŷĻ ĭźƷǤƭ ŅĻĻ ƭĭŷĻķǒƌĻ͵
(e) Application Review.
(1) The application shall be submitted to the City clerk, or other designee for review. The
application will be considered complete when the application form is submitted with all
of the required information included and application fee paid. If the submitted
application is incomplete, the city clerk shall return the application to the applicant with
the notice of deficiencies.
(2) Once an application is considered complete, the designee shall inform the applicant as
such, process the application fees, and forward the application to the City Manager or
designee for approval or denial.
(3) The application fee shall be non-refundable once processed.
(f) Denial. A request for a Temporary Cannabis Event that does not meet the requirements of this
Section shall be denied. The City shall notify the applicant of the standards not met and basis for
denial.
(g) On-Site Consumption. Pursuant to Minn. Stat. 342.40, subd. 8, the City (prohibits/permits may
approve) on-site consumption of certain cannabis and hemp products.
(h) Use of City property. Temporary cannabis events are (prohibited/permitted) on City property.
{Ļĭ͵ ЊЎΏЊЍ͵ Α tĻƓğƌƷźĻƭ !ķƒźnistration and Enforcement
Any violation of the provisions of this Chapter or failure to comply with any of its requirements
constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur
regardless of whether or not a permit is required for a regulated activity listed in this ordinance.
źƚƌğƷźƚƓƭ ƚŅ Ʒŷźƭ /ŷğƦƷĻƩ ƒğǤ ğƌƭƚ ĬĻ ğķķƩĻƭƭĻķ ǒƓķĻƩ /źƷǤ /ƚķĻ {Ļĭ͵ ЊΏЊА Α !ķƒźƓźƭƷƩğƷźǝĻ tĻƓğƌ
Offenses.
{Ļĭ͵ ЊЎΏЊЎ͵ Α {ĻǝĻƩğĬźƌźƷǤ
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected
thereby.
{Ļĭ͵ ЊЎΏЊЏ Α {Ļĭ͵ ЊЎΏВВ͵ Α wĻƭĻƩǝĻķ͵
Section II. The ordinance shall be effective January 1, 2025 following its adoption and publication.
Approved by the city council of the City of Maplewood this ____ day of ______, 2024.
Council Packet Page Number 172 of 430
J2, Attachment 2
Section 7. Zoning and Land Use
The City of Maplewood Zoning Code is hereby amended to read as follows:
Changes in the following sections are denoted with an underline for new text or a strikethrough for deleted
language. Subsequent sections and cross-references are renumbered accordingly.
1. Chapter 44; Section 44-6 Definitions
Cannabis business has the same meaning as in Section 342.01 subd. 14 of Minnesota Statutes.
Cannabis cultivation means a cannabis business licensed to grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant, harvest cannabis Ť ower
from mature plant, package and label immature plants and seedlings and cannabis Ť ower for sale to
other cannabis businesses, transport cannabis Ť ower to a cannabis manufacturer located on the
same premises, and perform other actions approved by the oce.
Cannabis delivery business means a cannabis business licensed to purchase cannabis, cannabis
products, and hemp products from retailers or cannabis business with retail endorsements for
transport and delivery to customers.
Cannabis manufacturing means a cannabis business which involves the compounding, processing,
packaging, wholesaling, testing, or treatment of cannabis products.
Cannabis retailer means any person, partnership, ŋ rm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
Cannabis transportation business means a cannabis business licensed to transport immature
cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis
businesses.
2. Table 44-46-1 Principal Use Table
Use Type Mixed Use Commercial Industrial Use Specific
Standard
MU NE NC CO BC LBC BC(M) SC M-1 M-2
Cannabis business PS PS PS PS PS PS PS See Division
19 of Chapter
44
3. Chapter 44, Section 44-321 Principal Uses
(3) Cannabis business
a. All cannabis businesses must provide evidence of a state license under Minnesota Statutes,
342.14, and be in compliance with the provisions of the Zoning Code, City Code, and all
applicable state laws and regulations.
b.Cannabis businesses shall be allowed as follows:
i. Cannabis retail and cannabis delivery businesses in the MU, NE, BC, BC(M), SC, M-1,
and M-2 districts;
Draft Only. 11.14.24 md
Council Packet Page Number 173 of 430
J2, Attachment 2
ii. Cannabis cultivation and cannabis manufacturing in the M-1 and M-2 districts; and
iii. Cannabis transportation businesses as a CUP in the M-1 and M-2 districts.
c. Buffers as stated in section XX shall be required for cannabis retail businesses.
Draft Only. 11.14.24 md
Council Packet Page Number 174 of 430
J2, Attachment 3
City Council MeetingNovember 25, 2024
Cannabis Update #3
Council Packet Page Number 175 of 430
J2, Attachment 3
Public Hearing at the Planning Commission and City Council Adoption December
November Draft Ordinance review
Begin collecting Council vision September
Decisions
May Initial Discussion
Council Packet Page Number 176 of 430
J2, Attachment 3
bǒƒĬĻƩ ƚŅ ƌƚĭğƷźƚƓƭ Αbƚ ĭğƦCity or County registration-City registrationIƚǒƩƭ ƚŅ ƚƦĻƩğƷźƚƓƭ ΑЊЉ !a Ʒƚ В ta Ļğĭŷ ķğǤCĻĻƭ ğƓķ ŅźƓĻƭ Αağǣ ğƌƌƚǞĻķ ǒƓķĻƩ {ƷğƷĻ {ƷğƷǒƷĻƚƓźƓŭ Α
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Cannabis
Retailers
Council Packet Page Number 177 of 430
J2, Attachment 3
park feature
treatment facility, commercial day care and
Maplewood: 500 feet from school, residential
Surrounding Municipalities
Council Packet Page Number 178 of 430
J2, Attachment 3
permit
Allowed through a large assembly
Θ{ĻĭǒƩźƷǤͲ ƦğƩƉźƓŭ ğƓķ ƭğƓźƷğƷźƚƓ ƩĻƨǒźƩĻƒĻƓƷƭΘLƓƭǒƩğƓĭĻΘ\[ƚĭğƷźƚƓΘIƚǒƩƭΘ/ƚƓƭǒƒƦƷźƚƓ
Permit would require:
Cannabis Events
Council Packet Page Number 179 of 430
J2, Attachment 3
ce.
rm, corporation, or
ower for sale to other cannabis businesses,
means a cannabis business licensed to
means a cannabis business licensed to purchase
ower from mature plant, package and label immature
means a cannabis business which involves the
means a cannabis business licensed to grow cannabis plants
ower to a cannabis manufacturer located on the same
has the same meaning as in Section 342.01 subd. 14 of
means any person, partnership,
Cannabis business Minnesota Statutes. Cannabis cultivation within the approved amount of space from seed or immature plant to mature plant, harvest cannabis plants and seedlings and
cannabis transport cannabis premises, and perform other actions approved by the o Cannabis delivery business cannabis, cannabis products, and hemp products from retailers or cannabis
business with retail endorsements for transport and delivery to customers.Cannabis manufacturing compounding, processing, packaging, wholesaling, testing, or treatment of cannabis products.Cannabis
retailer association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.Cannabis transportation business transport immature cannabis
plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses.
¤¤¤¤¤¤
Land Use Definitions
Council Packet Page Number 180 of 430
J2, Attachment 3
Standard See Division 19 of Chapter 44
PS
IndustrialUse Specific
PS
PS
PS
Commercial
PS
Cannabis retail and cannabis delivery businesses in the MU, NE, BC, BC(M), SC, M-1, and M-2 districts;Cannabis cultivation and cannabis manufacturing in the M-1 and M-2 districts; andCannabis
transportation businesses as a CUP in the M-1 and M-2 districts.
PS
¤¤¤
MUNENCCOBCLBCBC(M)SCM-1M-2
Cannabis businesses are permitted in the same districts as their non-cannabis ĭƚǒƓƷĻƩƦğƩƷ͵ ź͵Ļ͵ /ğƓƓğĬźƭ ƩĻƷğźƌ ğƓķ ƩĻƷğźƌ ğƩĻ ƦĻƩƒźƷƷĻķ źƓ ƷŷĻ ƭğƒĻ ķźƭƷƩźĭƷƭ͵ͼ Cannabis businesses shall
be allowed as follows:
PS
¤¤
Use TypeMixed UseCannabis business
Land Use Table
Council Packet Page Number 181 of 430
J3
CITY COUNCIL STAFF REPORT
Meeting Date November 25, 2024
REPORT TO: City Council
REPORT FROM: Michael Sable, City Manager
PRESENTER: Michael Sable, City Manager
AGENDA ITEM: Draft Legislative Program
Action Requested: MotionDiscussion Public Hearing
Form of Action: Resolution OrdinanceContract/Agreement Proclamation
Policy Issue:
The City of Maplewood is seeking legislative changes to Minnesota Statutes to further its
community goals. The 2025 Legislative Session begins on January 14, 2025.
Recommended Action:
Discussion only.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other: n/a
Strategic Plan Relevance:
Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship
Integrated Communication Operational EffectivenessTargeted Redevelopment
The City of Maplewood is seeking legislative changes to Minnesota Statutes to further its
community goals.
Background:
Attached is a draft of the City of Maplewood 2025 Legislative Program, which highlights the CityÓs
legislative polices and priorities for consideration. Included in the legislative policies are references
to the League of Minnesota Cities and Metro Cities legislative platforms.
Attachments:
League of Minnesota Cities Î Legislative Policies
Council Packet Page Number 182 of 430
J3, Attachment 1
2025
LEGISLATIVE
PROGRAM
PRIORITIESȟ
2025 BONDING REQUESTS
East Metro Public Safety Training Facility - $4.8 million
HOUSING & ECONOMIC DEVELOPMENT
Support Tax-Increment Pooling of Maplewood TIF District(s) to further
redevelopment, including site acquisition, and other redevelopment activities
Encourage housing funding from the State that rewards and further incentivizes cities
which are achieving regional goals for affordable rental and homeownership
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
PUBLIC SAFETY
Support changes to existing Emergency Medical Services agreements to allow for more
local control within Primary Service Areas (PSAs), including modifying existing PSAs to
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ͼΜ ƌźƓĻƭ
Encourage additional investments of Public Safety State Aid funding
Encourage and support statewide technology integration between justice partners
ADULT USE CANNABIS
Any legislation considered should be responsive to the needs of cities from the
implementation through the Local Government Cannabis Aid fund and ensure funding for
local governments to respond to challenges resulting from changes
Community Inclusiveness. Environmental Stewardship. Financial and Asset Management.
Integrated Communication. Operational Effectiveness. Targeted Redevelopment
Council Packet Page Number 183 of 430
J3, Attachment 1
SUSTAINABILITY
Shifting public resources, services, investments, purchasing power, and procurement
toward more economically and environmentally sustainable outcomes where those
solutions are cost effective and appropriate.
DATA PRACTICES, VOTING, AND PUBLIC MEETINGS
Support additional flexibility to allow remote attendance by public officials
ADDENDUM & SUPPORT OF OTHERS:
LEAGUE OF MINNESOTA /LL9{ Α th\[L/L9{
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Community Inclusiveness. Environmental Stewardship. Financial and Asset Management.
Integrated Communication. Operational Effectiveness. Targeted Redevelopment
Council Packet Page Number 184 of 430
J3, Attachment 2
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Council Packet Page Number 187 of 430
J3, Attachment 2
Table of Contents
COVER ...........................................................................................................................................1
IGR Staff Page................................................................................................................................3
COMMITTEE MEMBERSHIP...................................................................................................9
LMC POLICY DEVELOPMENT PROCESS ..........................................................................1
PURPOSE, PROCESS AND PRINCIPLES OF CITY POLICIES ........................................1
IMPROVING SERVICE DELIVERY......................................................................................1
SD- 1. Local Control ....................................................................................................................1
SD- 2. Unfunded Mandates .........................................................................................................1
SD- 3. Local Approval of Special Laws ......................................................................................1
SD- 4. State Government Shutdowns .........................................................................................17
SD- 5. Duration of Conservation Easements .............................................................................18
SD- 6. Racial Equity in Minnesota .............................................................................................18
SD- 7. Immigration Reform ........................................................................................................19
SD- 8. Responsibility for Locating Private Underground Facilities........................................20
SD- 9. Utility Relocation Under Design-Build Road Construction .........................................21
SD- 10. National Fire Protection Association (NFPA) Standards ...........................................21
SD- 11. Fire Mutual Aid ..............................................................................................................22
SD- 12. Clarification of Joint Powers Relationships with Federally Recognized Indian
Tribes .............................................................................................................................22
SD- 13. Ambulance Service Costs and Liability ........................................................................23
SD- 14. Emergency Medical Services .........................................................................................24
SD- 15. Fees for Service ...............................................................................................................24
SD- 17. Improving and Increasing Access to Information .......................................................25
SD- 18. Administrative Fines for Code Violations ....................................................................26
SD- 19. Contracting and Purchasing ..........................................................................................26
SD- 20. City Enterprise Operations ...........................................................................................27
SD- 21. Preservation of Order in City Council Meetings .........................................................27
SD- 22. Constitutional Amendments ..........................................................................................27
SD- 23. Initiative and Referendum .............................................................................................28
SD- 24. Civil Liability of Local Governments ...........................................................................28
SD- 25. Private Property Rights and Takings ...........................................................................29
SD- 26. Organized Solid Waste Collection ................................................................................30
SD- 27. Private Well Drilling ......................................................................................................31
SD- 28. Sustainable Development ...............................................................................................31
SD- 29. Construction Codes ........................................................................................................33
SD- 30. Building Officials ............................................................................................................33
SD- 31. Disability Access Requirements ....................................................................................34
SD- 32. Assaults on Code Enforcement Officials ......................................................................35
SD- 33. Restrictions on Possession of Firearms.........................................................................36
SD- 34. Public Safety Communications .....................................................................................36
SD-35. Collateral Consequences and Expungements ...............................................................37
SD- 36. Criminal and Juvenile Justice Information .................................................................37
SD- 37. Pawn Shop Regulation and Use of the Automated Property System (APS) .............38
SD- 38. City Costs for Enforcing State and Local Laws ..........................................................39
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SD- 39. Compensation and Reimbursement for Public Safety Services .................................40
SD- 40. Administrative Traffic Citations ...................................................................................40
SD- 41. Juveniles in Municipal Jails ...........................................................................................41
SD- 42. Justice System Funding ..................................................................................................41
st
SD- 43. 21Century Policing ......................................................................................................42
SD- 44. Post-Incarceration Living Facilities ..............................................................................43
SD- 45. Cybersecurity ..................................................................................................................44
SD- 46. Legalization of Fireworks ..............................................................................................44
SD- 47. Traffic Enforcement Cameras.......................................................................................45
SD- 48. Operation of Motorized Foot Scooters .........................................................................45
SD-49. Operation of Electric Assisted Bicycles .........................................................................46
SD- 50. Copper Wire Theft Prevention......................................................................................46
SD- 51. Drug Courts ....................................................................................................................47
SD- 52. Drug Paraphernalia........................................................................................................47
SD- 53. Regulation of Massage Therapists ................................................................................48
SD-54. Regulation of Adult-Use Cannabis and Cannabinoid Products..................................49
SD- 55. Lawful Gambling and Local Control ...........................................................................49
SD- 56. Liquor Liability Insurance Limits ................................................................................50
SD- 57. On-Sale Liquor or Wine Licenses .................................................................................50
SD- 58. Liquor Licensing of Non-Contiguous Spaces ...............................................................51
SD- 59. Wine and Off-Sale Licenses ...........................................................................................51
SD- 60. Youth Access to Alcohol and Tobacco ..........................................................................51
SD- 61. Consumer Small Loans ..................................................................................................52
SD- 62. Regulation of Mobile Businesses ...................................................................................52
SD- 63. Regulation of Party Buses and Boats-for-Hire ............................................................53
SD- 64. Environmental Protection..............................................................................................54
SD- 65. Impaired Waters .............................................................................................................55
SD- 66. Municipal Public Water Supplies .................................................................................57
SD- 67. Municipal Electric Utilities ............................................................................................58
SD- 68. State Support for Municipal Energy Policy Goals ......................................................59
SD- 69. Urban Forest Management Funding ............................................................................60
SD- 70. City Pesticide Application Authority ............................................................................60
SD- 71. Election Issues .................................................................................................................61
SD- 72. Administering Absentee Balloting and Early Voting ..................................................61
SD- 73. Ranked Choice Voting ...................................................................................................63
SD- 74. Election Judge Recruitment and Retention .................................................................63
SD-75. Mail Balloting...................................................................................................................64
SD-76. Modernizing Charter Amendment Process ..................................................................64
SD-77. Presidential Nomination Primary ..................................................................................65
SD-78. Health Care Facility Voting ............................................................................................65
SD-79. Voters Experiencing Homelessness ................................................................................66
SD-80. Voter Registration ...........................................................................................................66
IMPROVING LOCAL ECONOMIES ......................................................................................68
LE- 1. Growth Management and Annexation ...........................................................................68
LE- 2. Wildlife Management Areas ............................................................................................69
LE- 3. Official State Mapping Responsibility............................................................................69
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LE- 4. Electric Service Extension ...............................................................................................70
LE- 5. Statutory Approval Timelines .........................................................................................70
LE- 6. Maintenance of Retaining Walls Adjacent to Public Rights of Way ...........................72
LE- 7. Development Disputes ......................................................................................................72
LE- 8. Foreclosure and Neighborhood Stabilization ................................................................72
LE- 9. Housing Policy ..................................................................................................................74
LE- 10. Resources for Affordable Housing................................................................................76
LE- 11. Greater Minnesota Housing ..........................................................................................78
LE- 12. Energy Efficiency Improvement Requirements for Housing .....................................80
LE- 13. In-Home Day Care Facilities .........................................................................................81
LE- 14. Residential Programs .....................................................................................................81
LE- 15. Inclusionary Housing .....................................................................................................83
LE- 16. Community Land Trusts ...............................................................................................84
LE- 17. Telecommunications and Information Technology ....................................................84
LE- 18. Broadband.......................................................................................................................85
LE- 19. Cable Franchising Authority.........................................................................................86
LE- 20. Public Right-of-Way Management ...............................................................................87
LE- 21. Wireless Infrastructure and Equipment Siting ...........................................................88
LE- 22. County Economic Development Authorities................................................................89
LE- 23. Local Appropriations to Economic Development Organizations ..............................89
LE- 24. Workforce Readiness .....................................................................................................89
LE- 25. Business Development Programs ..................................................................................90
LE- 26. Remediation and Redevelopment .................................................................................90
LE- 27. Development Authority Levy Limits ............................................................................91
LE- 28. Tax Increment Financing (TIF) ....................................................................................91
LE- 29. Property Tax Abatement Authority .............................................................................93
LE- 30. Revisions to the OSA Audit Function ...........................................................................93
LE- 31. OSA Time Limitations ...................................................................................................94
LE- 32. Workforce Housing ........................................................................................................94
LE- 33. Development Along Transit Corridors ........................................................................96
LE- 34. Greenhouse Gas Emissions and Vehicle Miles Traveled Assessment Requirements
on Trunk Highway Projects.........................................................................................97
LE- 35. Authority to Create Public Infrastructure Utilities ....................................................97
LE- 36. Adequate Funding for Transportation .........................................................................98
LE- 37. Turnbacks of County and State Roads ........................................................................99
LE- 38. MnDOT Rights-of-Way Maintenance ..........................................................................99
LE-39. Funding for Non-Municipal State Aid City Streets .................................................. 100
LE-40. City Cost Participation on State and County Roads ..................................................101
LE- 41. Authority to Allow Amenities in MnDOT Rights-of-Way .......................................101
LE- 42. Authority to Implement Infrastructure Fees .............................................................102
LE- 43. Safe Routes to School Grants Management ...............................................................102
LE- 44. Railroads .......................................................................................................................103
LE- 45. Airport Planning and Funding....................................................................................104
LE- 46. Airport Safety Zones ....................................................................................................105
HUMAN RESOURCES & DATA PRACTICES ....................................................................107
HR-1. Personnel Mandates and Limits on Local Control ......................................................107
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HR-2. State Mandates on Employer Leave Policies ...............................................................107
HR-3. Pay Equity Compliance ..................................................................................................109
HR-5. Implications of Janus v. AFSCME ................................................................................110
HR-6. Essential Employees .......................................................................................................111
HR-7. Re-employment Benefits ................................................................................................112
HR-8. Public Employee Defined Benefit Pension Plans .........................................................112
HR-9. Deferred Compensation .................................................................................................114
HR-10. Continued Health Insurance for Duty Disabled Peace Officers and Firefighters ..115
HR-11. Health Care Insurance Programs ...............................................................................116
HR-12. Workers’ Compensation ..............................................................................................117
HR-13. Public Safety Duty Disability .......................................................................................118
HR-15. Veterans Preference .....................................................................................................122
HR-16. Military Leave Reimbursement ..................................................................................122
Data Practices .............................................................................................................................123
DP-1. Data Practices Compliance Costs ..................................................................................123
DP-2. Records Retention Compliance Costs ...........................................................................124
DP-3. Updating the Minnesota Government Data Practices Act ..........................................125
DP-4. Maintaining Government Data in Large Databases ....................................................126
DP-5. Sharing of Student Data with Local Law Enforcement in Emergencies ...................126
DP-6. Disclosure of Victim Data ...............................................................................................127
DP-7. Challenges to the Accuracy of Data ...............................................................................127
DP-8. Law Enforcement Technologies .....................................................................................128
DP-9. Body-Worn Cameras ......................................................................................................129
DP-10. Open Meeting Law ........................................................................................................129
DP-11. Needed Closed Meeting Exceptions to the Open Meeting Law ................................130
DP-12. Remote Participation under the Open Meeting Law .................................................131
Federal Employment Law .........................................................................................................132
FED-1. Consolidated Omnibus Budget Reconciliation Act (COBRA) .................................132
FED-2. Flexible Spending Accounts .........................................................................................132
FED-3. IRS Regulations on Death Benefits .............................................................................133
FED-4. Federal Public Safety Collective Bargaining Bill.......................................................133
FED-5. Federal Health Care Reform .......................................................................................133
FED-6. Amended Internal Revenue Code Regarding 403(b) Retirement Plans ..................134
FED-7. Amended Internal Revenue Code Regarding Health Savings Account Eligibility
and Medicare Enrollment ..........................................................................................134
FED 8. Affordable Care Act Reporting ...................................................................................135
IMPROVING FISCAL FUTURES ..........................................................................................137
FF- 1. State-Local Fiscal Relations ...........................................................................................137
FF- 2. State Budget Stability .....................................................................................................138
FF- 3. Funding Local Government Aid ...................................................................................138
FF- 4. State Charges for Administrative Services ...................................................................140
FF- 5. Reporting Requirements ................................................................................................140
FF- 6. Taxation Duplication ......................................................................................................141
FF- 7. Direct Property Tax Relief Programs ...........................................................................141
FF- 8. Sales Tax on Local Government Purchases .................................................................142
FF- 9. Taxation of Electronic Commerce ................................................................................142
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FF- 10. Local Lodging Taxes.....................................................................................................143
FF- 11. Taxation of Electric Generation Personal Property ..................................................143
FF- 12. Electric Generation Taxation Reform ........................................................................144
FF- 13. Support for Transitioning Communities ....................................................................145
FF- 14. Taxation of Municipal Bond Interest ..........................................................................146
FF- 15. Pollution Control Exemption .......................................................................................146
FF- 16. Representative Democracy and Local Control ..........................................................146
FF- 17. Tax Hearing and Notification Process ........................................................................147
FF- 18. General Election Requirement for Ballot Questions .................................................148
FF- 19. City Fund Balances .......................................................................................................148
FF- 20. Local Option Sales Tax and City Revenue Diversification .......................................148
FF- 21. City Franchise Authority .............................................................................................150
FF- 22. State Assistance for Property Tax Refunds for State-Assessed Property ...............151
FF- 23. Transition for Property Acquired by Tax-Exempt Entities .....................................151
FF- 24. Payments for Services to Tax-Exempt Property ........................................................151
FF- 25. Housing Improvement Areas and Special Service Districts Petitioned by Business
......................................................................................................................................152
FF- 26. Tax-Forfeited Properties and Local Special Assessments ........................................152
FF- 27. Distribution of Proceeds from the Sale of Tax-Forfeit Property .............................153
FF- 28. State Hazard Mitigation and Response Support .......................................................154
FF- 29. Library Funding ...........................................................................................................155
FF- 30. Park and Library Land Tax Break .............................................................................156
FF- 31. Increasing Safe School Levy Authority ......................................................................156
FF- 32. Equitable Funding of Community Education Services .............................................157
FF- 33. Street Reconstruction Bond Approval ........................................................................157
FF- 34. Special Assessment Election Requirements................................................................157
FF- 35. Homestead Market Value Exclusion ...........................................................................158
FF- 36. State Fund for Non-weather-related Disaster/Catastrophe Relief ...........................158
FF- 37. Park Dedication ............................................................................................................158
FF-38. Fundraising Authority...................................................................................................159
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J3, Attachment 2
COMMITTEE MEMBERSHIP
Elizabeth Howard, City Administrator, Pine
2024-2025 Improving Service Delivery
Chair: Carly Johnson, Councilmember, Island
Oakdale Cheryl Jacobson, City Administrator,
Vice-Chair: Athanasia Lewis, Assistant City Mendota Heights
Administrator, Centerville Tony Jeffries, City Administrator, Buhl
BJ Jungmann, Fire Chief, Burnsville
Josh Berg, City Council Member, Elko New Emily King, Deputy City Clerk, Hastings
Market Hannah Klimmek, City Administrator, Big
Richard Brainerd, Mayor, Mahtomedi Lake
Daniel Buchholtz, Administrator, Karen Larson, Councilmember, St. Cloud
Clerk/Treasurer, Spring Lake Park* Sara Ludwig, City Clerk, Oakdale
Deb Calvert, City Councilmember at Large, Molly MacGregor, Councilmember, Grand
Minnetonka Rapids
David Chanski, City Administrator, Breezy Teresa Miller, Councilmember, Little
Point Canada
Heather Corcoran, Legislative Affairs & Melissa Moore, City Clerk/Communications
Policy Director, RochesterManager, Fridley
Jake Dickson, City Clerk-Administrator, Loren Olson, Senior Government Relations
Caledonia Representative, Minneapolis
Brenda Dietrich, Mayor, Inver Grove Hunter Panning, Police Officer, Chaska
Heights Chelsea Petersen, Assistant City
Claudia Ettesvold, City Clerk, Victoria Administrator, Shakopee
Hope Fairchild, City Administrator/Clerk-Eric Petersen, Intergovernmental Relations
Treasurer, Walker Associate, St. Paul
Inderia Falana, Intergovernmental Relations Duane Pulford, Council Member,
Representative, Minneapolis Lauderdale
Gwenia Fiskevold Gould, City Councilor, Christina Regas, City Administrator,
Bemidji Blackduck
Tom Fletcher, Mayor, Greenwood Chad Roberts, Council Member, Victoria
Mary Gaasch, Mayor, Lauderdale Calvin Saari, Mayor, Nashwauk
Matthew Gabb, Sustainability Specialist, Cara Schulz, Council member, Burnsville
Edina Brandon Silgjord, Chief of Police, Sartell
Jodi Gallup, City Clerk/Administrative Alex Smith, Deputy City Administrator,
Coordinator, Plymouth Cambridge
Heidi Garrido, City Councilwoman, Cathy Sorensen, City Clerk, Blaine
Hopkins Kevin Stahl, Chief of Police / Emergency
Nate George, Mayor, Braham Management Director, Braham
Karissa Goers, Administrative Services Mike Supina, Council Member, Eagan
Director, Lake Elmo Mary Supple, Mayor, Richfield
Jimmy Gordon, Mayor, Isanti Katie Topinka, Director, Intergovernmental
Clark Gregor, City Council Member, Relations, Minneapolis
Plymouth Hanna Valento, Forest Lake
Erica Henderson, Deputy City Clerk, Nhia Vang, Sr. Policy Analyst/Hearing
Burnsville Officer, St. Paul
Council Packet Page Number 193 of 430
J3, Attachment 2
Norman Wahl, Councilmember, Rochester Katherine Doll Kanne, Council Member,
Deb Wegeleben, Big Lake Vadnais Heights
Duane Willenbring, Mayor, Rockville Inderia Falana, Intergovernmental Relations
Andrew Wittenborg, Communications and Representative, Minneapolis
Marketing Manager, Minnetonka Janie Farrar, Councilmember, Red Wing
Mark Ziebarth, Councilmember, Cambridge Gwenia Fiskevold Gould, City Councilor,
Angel Zierden, Mayor, Breezy Point Bemidji
Nyle Zikmund, City Administrator, Mounds Tom Fletcher, Mayor, Greenwood
View Mitchell Forney, Community Development
Coordinator, Columbia Heights
*LMC Board of Director Jason Franzen, Councilmember, Delano
Mike Funk, City Manager, Minnetonka
2024-2025 Improving Local Economies Matthew Gabb, Sustainability Specialist,
Chair: Steve Bot, City Administrator, St. Edina
MichaelNate George, Mayor, Braham
Vice-Chair: Cathy Mehelich, Economic Andrew Gitzlaff, Community Development
Development Director, St. Cloud Director, Oakdale
Emily Goellner, Community Development
Patrick Antonen, City Administrator, Circle Director, Wayzata
Pines Lynn Gorski, City Administrator,
Karen Barton, Community Development Farmington
Director, St. Louis Park Derek Gunderson, Council Member,
Josh Berg, City Council Member, Elko New Victoria
Market Dan Gustafson, Council member, Burnsville
Mark Box, City Administrator, Deer River Kari Haakonson, Project Supervisor, Sartell
Kyle Box, City Operations Director, Gary Hansen, Councilmember, Eagan
Willmar Kyle Harris, City Manager, Benson
Sue Budd, City Councilmember, St. Louis Maurice Harris, Councilmember, Golden
Park Valley
Brooke Carlson, Council President, Liz Heyman, Public Works Director,
Rochester Brooklyn Center
David Chanski, City Administrator, Breezy PeggySue Imihy Bean, Special Projects and
Point Initiatives Manager, Hopkins
Aaron Chirpich, Community Development Cheryl Jacobson, City Administrator,
Director/Assistant City Manager, Columbia Mendota Heights
Heights Tony Jeffries, City Administrator, Buhl
Kissy Coakley, Councilmember, Scott Johnson, City Administrator, Medina
Minnetonka Kelcey Klemm, City Administrator, Detroit
Heather Corcoran, Legislative Affairs & Lakes
Policy Director, RochesterHannah Klimmek, City Administrator, Big
Amelia Cruver, Finance Director, St. Louis Lake
Park Karen Larson, Councilmember, St. Cloud
Jake Dickson, City Clerk-Administrator, Jennifer Levitt, City Administrator, Cottage
Caledonia Grove
John Doan, Councilmember, Shoreview Holly Masek, Port Authority Administrator,
Bloomington
Council Packet Page Number 194 of 430
J3, Attachment 2
Brian McCann, City Planner, Victoria 2024-2025 Human Resources & Data
Mary McComber, Mayor, Oak Park Heights Practices
Luke Merrill, Council member, Isanti Chair: Evan Vogel, City Administrator,
Jennie Meyer, Receptionist-Accounting-Cambridge*
Zoning-Clerk-Administrator, Walker Vice-Chair: Joan Lenzmeier, City Clerk,
Kari Niedfeldt-Thomas, Mayor, New Coon Rapids
Brighton
Loren Olson, Senior Government Relations Wayne Boucher, Mayor, Hermantown
Representative, Minneapolis Richard Brainerd, Mayor, Mahtomedi
Eric Petersen, Intergovernmental Relations Aaron Chirpich, Community Development
Associate, St. PaulDirector/Assistant City Manager, Columbia
Michele Peterson, City Administrator, Heights
Chatfield Heather Corcoran, Legislative Affairs &
Duane Pulford, Council Member, Policy Director, Rochester
LauderdaleAmber Dale, City Manager, Springfield
Christina Regas, City Administrator, Sarah Donovan, Human Resources
BlackduckManager, Minnetonka
Joe Roby, City Administrator, Le Sueur Hope Fairchild, City Administrator/Clerk-
Al Roder, City Administrator, Byron Treasurer, Walker
Gillian Rosenquist, Council Member, Julie Flaten, Assistant City
Golden ValleyAdministrator/Human Resources Director,
Calvin Saari, Mayor, Nashwauk Farmington
Maria Solano, Deputy City Manager, Michael Freske, Employment Attorney,
Plymouth Brooklyn Park
Dave Steichen, Council Member, Dilworth Karissa Goers, Administrative Services
Jeff Thomson, Community Development Director, Lake Elmo
Director, Burnsville Melissa Haas, Human Resources Manager,
Katie Topinka, Director, Intergovernmental Apple Valley
Relations, Minneapolis Kyle Harris, City Manager, Benson
Elizabeth Torkelson, City Administrator, Corrine Heine, City Attorney, Minnetonka
Olivia Elizabeth Howard, City Administrator, Pine
Evan Vogel, City Administrator, Island
Cambridge* Patrick Keane, Councilmember, Rochester
Deb Wegeleben, Finance Director, Big LakeKaren Larson, Councilmember, St. Cloud
Marcia Westover, Community Development Melanie Lee, Human Resources Director,
Director, Cambridge Oakdale
Kimberly Wilburn, Councilmember, Peyton Mastera, City Administrator,
Minnetonka Dilworth
Kevin Zabel, Mayor, Oakdale Jenny Max, City Administrator, Nisswa*
Angel Zierden, Mayor, Breezy Point Luke Merrill, Council member, Isanti
Caroline Moe, Director of Finance,
*LMC Board of Director Cambridge
Shari Moore, City Clerk, St. Paul
Kevin O'Brien, Recreation Superintendent,
Faribault
Hunter Panning, Police Officer, Chaska
Council Packet Page Number 195 of 430
J3, Attachment 2
Eric Petersen, Intergovernmental Relations Nate George, Mayor, Braham
Associate, St. PaulJimmy Gordon, Mayor, Isanti
Christina Regas, City Administrator, Marshall Hallock, Administrative Business
BlackduckDirector, Red Wing
Angela Rivera, Finance /HR Specialist, Valerie Halter, City Clerk, Lamberton
Victoria Kyle Harris, City Manager, Benson
Al Roder, City Administrator, Byron Maurice Harris, Councilmember, Golden
Emily Rousseau, City council member/ Valley
group data privacy manager, Arden hills Tim Ibisch, City Administrator, Kasson
Rebecca Schack, Councilmember, Cheryl Jacobson, City Administrator,
Minnetonka Mendota Heights
Megan Schlei, Human Resources Generalist, Karen Larson, Councilmember, St. Cloud
Hastings Tom Lawell, City Administrator, Apple
Jackie Schulze, Assistant City Valley
Administrator, Waconia Athanasia Lewis, Assistant City
Janet Shefchik, Human Resources Manager, Administrator, Centerville
Inver Grove Heights Ben Martig, City Administrator, Northfield
Terri Spangrud, City Clerk, New Brighton Dan Matejka, City Administrator, Goodview
Melissa Stenson, Clerk, South Haven Caroline Moe, Director of Finance,
Katie Topinka, Director, Intergovernmental Cambridge
Relations, Minneapolis Loren Olson, Senior Government Relations
Mike Tracy, Human Resources Director, Representative, Minneapolis
Burnsville Susan Ostlund, Finance - Deputy Clerk,
Deb Wegeleben, Big Lake Walker
Nyle Zikmund, City Administrator, Mounds Shaun Palmer, City Council Member-
View Rochester, Rochester
Eric Petersen, Intergovernmental Relations
*LMC Board of Director Associate, St. Paul
Trisha Pollock, Assistant City
2024-2025 Improving Fiscal Futures Manager/Finance Director, Victoria
Chair: Sarah Rathlisberger, Finance Duane Pulford, Council Member,
Director, Monticello Lauderdale
Vice-Chair: Darin Nelson, Finance Director, Christina Regas, City Administrator,
Minnetonka Blackduck
Jenny Rhode, Council member, Burnsville
Heather Corcoran, Legislative Affairs & Ian Rigg, City Manager, Albert Lea
Policy Director, Rochester Joe Roby, City Administrator, Le Sueur
Lindy Crawford, City Manager, White Bear Al Roder, City Administrator, Byron
Lake Carl Sonnenberg, City Manager, Director of
Amelia Cruver, Finance Director, St. Louis Utilities & Public Works, Waseca
Park Kevin Stahl, Chief of Police / Emergency
Inderia Falana, Intergovernmental Relations Management Director, Braham
Representative, Minneapolis Joe Starks, Finance Director, Fridley
Gwenia Fiskevold Gould, City Councilor, Melissa Stenson, Clerk, South Haven
Bemidji Katie Topinka, Director, Intergovernmental
Jason Franzen, Councilmember, Delano Relations, Minneapolis
Council Packet Page Number 196 of 430
J3, Attachment 2
Christina Volkers, City Administrator, Brad Wiersum, Mayor, Minnetonka
Oakdale Vince Workman, Council member,
Rob Voshell, Finance Director, Sartell Burnsville
Kevin Watson, City Administrator, Vadnais Neal Younghans, Debt Manager, Saint Paul
Heights
Deb Wegeleben, Finance Director, Big Lake*LMC Board of Director
Jim Weikum, Mayor, Biwabik
Council Packet Page Number 197 of 430
J3, Attachment 2
LMC POLICY DEVELOPMENT PROCESS
The City Policies document addresses more than 180 legislative issues that impact cities and
serves as the foundation of the League of Minnesota Cities (LMC) advocacy efforts. City
officials from across the state are recruited throughout the year to serve on one or more policy
committees. In 2024, over 150 city officials participated in the policy committees. Policies are
considered, discussed, and revised annually with considerable member input. Then, draft policies
are published online for member comments before being considered for approval by the LMC
Board of Directors. Guided by the City Policies, LMC member cities and staff actively advocate
for city-friendly legislation. Below are some of the major events in the policy development
process:
January The Minnesota Legislature begins the first session of each two-year biennium in
January of odd-numbered years. The 2025 Legislative session began on January
14.
February The Legislature typically begins the second session of each biennium in February
or March of even-numbered years. The 2024 Legislative Session began on Feb.
12.
March/April In March, the National League of Cities hosts the Congressional City Conference
in Washington, D.C. The League’s legislative conference is held in St. Paul. The
2024 Legislative Conference attained over 200 participants.
May Under the Minnesota Constitution, the deadline to end any legislative session is
the first Monday following the third Saturday in May (May 22, 2024). The
governor may call special legislative sessions when necessary.
June In June members come together at the LMC Annual Conference (held in Duluth
this year from June 26 to June 28).
July Policy committees hold their first of three meetings. The July meeting typically
includes a review of the most recent legislative session and a preliminary
discussion of emerging issues.
August Policy committees hold their second of three meetings to hear from subject-matter
experts on existing and potential new policy topics.
September Policy committees meet for a third time to finalize their work and make specific
policy recommendations to the LMC Board of Directors.
October Draft policies, as approved by the policy committees, are shared with members
online during the comment period. Member input is also sought from city officials
attending LMC City Meetups around the state each fall.
November The LMC Board of Directors reviews member input, then considers and amends
the policies for the following calendar year. The Board adopts policies on behalf
of League members before the start of the next legislative session.
Council Packet Page Number 198 of 430
J3, Attachment 2
PURPOSE, PROCESS AND PRINCIPLES OF CITY POLICIES
The League of Minnesota Cities is dedicated to promoting excellence in local government through
effective advocacy, expert analysis, and trusted guidance for all Minnesota cities. Each year, the
League’s member cities identify common needs and goals, and the Board of Directors adopts
policies designed to help cities overcome obstacles and reach those goals. These policies serve as
the foundation of the League’s advocacy work on behalf of Minnesota cities.
There are 855 cities in Minnesota, and 837 cities are members of the League of Minnesota Cities.
Eleven townships and 63 special districts/other members are also League members. The League’s
members include the smallest rural cities in Greater Minnesota and the largest cities in the urban
core; they include suburban communities in the Metropolitan Area and regional centers in every
corner of the state. Every member of the League has a voice in developing the following policies.
Two core principles guide the development of City Policies and the actions of the League:
1. Local units of government must have sufficient authority and flexibility to meet the
challenges of governing and providing citizens with public services. The Legislature must
avoid imposing unfunded and underfunded mandates that erode local control and create
liability and financial risk for city taxpayers.
2. The increasingly complex and costly requirements necessary for cities to provide services
to their citizens require a strong partnership between federal, state, and local governments.
This partnership should be based upon a shared vision for Minnesota and should allow
individual communities to tailor that vision to the unique needs of their citizens.
Because of the fluid nature of emerging issues, state and national politics, and current events,
additional and alternative policies may be proposed after the policies are adopted by the Board of
Directors. The League will make every effort to notify members of substantial changes or
additions to policies after they are adopted by the Board of Directors.
Council Packet Page Number 199 of 430
J3, Attachment 2
IMPROVING SERVICE DELIVERY
mandates force cities to reduce funding for
SD-1. Local Control
other basic services or to increase taxes and
Issue:Cities are often laboratories for
service charges.
determining public policy approaches to the
Response:
challenges that face residents. Success in
providing for the basic needs of a functional
a) Existing unfunded mandates should be
society is rooted in local control to determine
reviewed and modified or repealed
how best to respond to the ever-changing
where possible.
needs of the population. Because city
b) No additional statewide mandates
government most directly impacts the lives of
should be enacted unless full funding
people, and representative democracy ensures
for the mandate is provided by the
that locally elected officials are held
level of government imposing it or a
accountable for their decisions through local
permanent stable revenue source is
elections, local governments must have
established.
sufficient authority and flexibility to meet the
challenges of governing and providing
c) Cities should not be forced to comply
residents with public services.
with unfunded mandates.
Response: The increasingly complex and
d) Cities should be given the greatest
costly requirements necessary for cities to
flexibility possible in implementing
provide services to their residents would
mandates to ensure their cost is
benefit from a strong partnership between
minimized.
federal, state and local governments. This
e) In the event that state funding for
partnership should be based upon a
mandates or programs is repealed or
shared vision for Minnesota and should
sunsets, the original mandate or
allow individual communities to tailor that
program should be repealed as well.
vision to the unique needs of their
The financial burden should not shift
residents without mandates and policy
to the cities once state funding is no
restrictions imposed by state and federal
longer provided
policy makers. The state should recognize
that local governments, of all sizes, are
SD-3. Local Approval of Special
often the first to identify problems and
Laws
inventive solutions to solve them, and
Issue: The Minnesota Constitution prohibits
should encourage further innovation by
special legislation except for certain special
increasing local control. The state should
laws relating to local government. It provides
not enact initiatives that erode the
that a special law must name the affected
fundamental principle of local control in
local unit of government and is effective only
cities across Minnesota.
after approval by the local government unit,
SD-2. Unfunded Mandates
unless general state law provides otherwise.
Under (Minn. Stat. §§ 645.021-645.024), a
Issue: Federal and state mandated programs
special law is not effective unless approved
substitute the judgment of Congress, the
by the affected local unit of government,
president, the Minnesota Legislature, and the
except under limited circumstances.
governor for local budget priorities. These
Council Packet Page Number 200 of 430
J3, Attachment 2
In recent yearsc) Loss of access to critical information
, the Legislature has
occasionally enacted general laws that affect such as the Bureau of Criminal
Apprehension database and state-
a single local unit of government. By
enacting a general law with limited mandated reports.
application, local approval is not required.
d) The shutdown of transportation projects
Response:The League of Minnesota Cities on the trunk highway and state aid
supports the Constitutional requirement system.
that a special law must be approved by the
e) Interruption of local economic
affected local unit of government before it
development due to the state having sole
can take effect. If a law is intended to
authority to inspect, review and approve
affect or benefit a single local unit of
various plans and types of projects.
government, the Legislature must follow
Although the 2011 shutdown ultimately
the requirements for enacting a special law
resulted in judicially-ordered continuation of
set forth in the Minnesota Constitution
many state government services, a 2017
and in Minn. Stat. §§ 645.021-645.024. The
Minnesota Supreme Court decision (A17-
League specifically opposes the
1142) would likely exacerbate the impacts on
Legislature's technique of bypassing the
cities in a future state government shutdown.
Constitution by not naming the local
In that decision, the court stressed that
government, but describing the local
“Article XI, Section 1 of the Minnesota
government in such narrow terms that it
Constitution does not permit judicially
can only apply to one entity.
ordered funding for the Legislative Branch in
SD-4. State Government Shutdowns
the absence of an appropriation.” The effect
of the 2017 decision has yet to be tested.
Issue: Twice in less than one decade, the
state Legislature and governor failed to reach
Response:The League of Minnesota Cities
a global agreement on the state budget by the
urges the Legislature and governor to
end of the fiscal biennium (June 30 of odd-
establish a procedure in state law to
numbered years). As a result of these
continue certain state government
impasses, portions of state government were
operations into a new biennium in the
shut down. The shutdowns, particularly the
event that the governor and legislators
shutdown in 2011, created a range of
cannot reach a budget agreement.
challenges for cities, as well as for the state’s
Specifically, the Legislature and governor
courts, residents, businesses, licensed
should modify state law to assure that the
professionals, state employees and others.
staff necessary to distribute state funds
that are already encumbered or statutorily
For cities, the most pronounced challenges
appropriated to local governments are
related to the shutdowns were as follows:
distributed as statutorily scheduled, or in
a) Uncertainty about the timing and amount
the absence of a statutory payment
of aid and credit reimbursement payments
schedule, are released in a predictable and
and the distribution of local sales tax
timely manner in the event of future
revenues.
shutdowns.
b) Inability of licensed city professionals
The Legislature should also pass
such as peace officers and water
legislation that allows existing licenses of
treatment facility operators to renew
public employees to be continued during
licenses.
any future state government shutdown
Council Packet Page Number 201 of 430
J3, Attachment 2
and should identify a Stat. §§ 84.64-.65 regarding conservation
dditional areas, such
as electrical and plumbing inspection and restrictions were originally enacted in 1974.
Because conservation easements and
plumbing plan review, where local
governments could reasonably step in to conservation restrictions are not listed among
handle the inspections, review, and the restrictions that are not subject to Minn.
approval necessary for local projects to Stat. § 500.20, subd. 2a, it is possible to
move forward, and allows work on conclude, by negative implication, that subd.
approved projects to continue in state 2a does apply to the conservation easements
rights-of-way. and conservation restrictions created by
earlier enacted statues. This conclusion is
SD-5. Duration of Conservation
inconsistent with the language in Minn. Stat.
Easements
§ 84C.02(b) that “a conservation easement is
unlimited in duration unless the instrument
Issue:The Minnesota Marketable Title Act
creating it otherwise provides.”
provides that any deed over 40 years old can
be disregarded unless the holder of the
Response:The League ofMinnesota Cities
interest re-records it. There is an exception
supports legislation that excepts holders of
for a person in possession of the property. A
conservation easements from re-recording
2010 Minnesota Supreme Court decision said
the easements under the Minnesota
that the person in possession has to show that
Marketable Title Act and that clarifies
the possession has been visible enough to put
that Minn. Stat. § 500.20, subd. 2a, does
a prudent person on notice of the interest, and
not apply to conservation easements and
that the possession has to be continuous.
restrictions.
Sampair v. Village of Birchwood, 784
SD-6. Racial Equity in Minnesota
N.W.2d 65 (Minn. 2010).
Issue: Since the earliest days of its history,
This creates issues for cities that have
race and racial inequity issues have been
conservation easements. It is difficult, if not
present in Minnesota. Land acquisition and
impossible, to show actual use of the
ownership, discriminatory covenants
easement because conservation easements are
restricting homeownership to white
passive easements, not active ones. As a
Minnesotans, and patterns of systemic,
result, cities will have to re-record the
structural, and institutional racism have
easements every 40 years in order to maintain
brought the state to experience some of the
them. This will result in a significant
worst racial disparities in the country for
administrative burden and increase costs for
employment, housing, education, health,
local units of government due to staff time,
criminal justice, and law enforcement.
legal fees, and recording fees.
Explicit and implicit bias toward people of
Additionally, Minn. Stat. § 500.20, entitled
color is prevalent in public policies and other
“Defeasible Estates,” provides in subd. 2a
rules governing Minnesota residents. Racial
that private covenants, conditions, or
equity is accomplished when race can no
restrictions that affect the title or use of real
longer be used to predict success, and we
estate cease to be valid 30 years after the date
have government and systems that work for
of the instrument creating them and they may
all.
be disregarded. This provision was initially
The data is readily available from the U.S.
enacted in 1988.
Census, the state demographer, and local
Minn. Stat. ch. 84C regarding conservation
government. For example, Minnesota ranks
easements was enacted in 1985, and Minn.
50th in the nation for median income equality
Council Packet Page Number 202 of 430
J3, Attachment 2
and 49th in homeownership eregardless of race. To optimize success for all
quality. The
killing of George Floyd and the Minnesotans, cities cannot work in isolation
on racial equity issues.
disproportionate impact of COVID-19 on
communities of color have further
Further, it should be acknowledged that
highlighted the critical need to overhaul our
community members who are both from
laws, policies, and practices to address
communities of color and are immigrants
systemic racism.
require local governments to understand the
Racial demographics are continually intersection between these two issues and
changing throughout the state. According to evaluate public policy initiatives from
the state demographer, 20 percent of multiple social justice perspectives. League
Minnesota’s population are people of color. policies on immigration and racial equity are
All racial groups have recently increased in heavily interrelated in that situation.
the state, but between 2010 and 2018,
Response:In order to best support and
Minnesota has added five times as many
serve all Minnesotans, the State should
people of color as white residents.
take a leadership role by prioritizing
While every city may be in a different place, addressing racial equity through its
the need for racial equity and the need to actions:
repair past racial harms touches all
a) Partner with local government and
communities, from the most racially diverse
communities of color to identify and
cities to cities with very few or no people of
address racial equity issues;
color. In recognition of the need to strive for
b) Proactively assess past racial harms
racial equity, cities are invested in building a
and develop actions to address them;
more equitable future when every resident
can thrive regardless of race. Among efforts
c) Collect and provide data disaggregated
cities are undertaking are:
by race necessary for cities and the
state to make informed decisions about
a)Examining how cities deliver services
how to address racial disparities;
and set local policies among city staff and
elected officials;
d) Develop a state system for the
proactive and innovative development
b) Creating high-level staff positions and
and delivery of resources to local
departments to address race equity,
government to address racial equity
financial and educational opportunity,
including policy and service options,
diversity, and analysis of city policies;
local engagement tools, policy
c)Engaging with the communities of color
expertise, and financial resources; and
to build/rebuild relationships and trust;
e) Actively review and amend existing
d) Establishing city commissions to address
statutory language to identify laws that
race and racial equity issues with local
contribute to racial inequities and
affected communities; and
consider racial equity impacts when
e)Working to improve access to city crafting proposed legislation and
procurement opportunities for veteran-, policies.
woman-, and minority-owned businesses.
SD-7. Immigration Reform
However, cities acknowledge that there is
Issue: The United States and the State of
much work that still needs to be done before
Minnesota have long traditions of welcoming
success for all Minnesotans can be achieved
Council Packet Page Number 203 of 430
J3, Attachment 2
immigrants. Immigran
ts strengthen
SD- 8. Responsibility for Locating
Minnesota by contributing to the state’s
Private Underground Facilities
economy, enhancing cultural resources, and
Issue: Cities are responsible for complying
participating in efforts to build strong
with state pipeline safety regulations that
communities.
hold cities responsible for locating and
According to the National League of Cities,
marking private service laterals that connect
roughly 35 percent of undocumented
in public rights-of-way to city sanitary and
immigrants have lived in the United States
storm sewer, water, and district heating
for 10 years or more. Approximately 1.6
systems. The Minnesota Office of Pipeline
million undocumented immigrants are
Safety (MNOPS) is proposing amendments
children, and another 3.1 million children in
to state pipeline and safety rules related to the
the United States have at least one
definition of excavation and changes to
undocumented parent. These families are
mandatory damage reporting.
forced to live “underground” and are unable
Cities are concerned that damage to private
to get drivers’ licenses or car insurance in
service laterals within the public right-of-way
most states. In addition, they are unlikely to
continues due, in part, to construction
obtain health insurance and are afraid to
methods during the replacement, repair
report crimes to local law enforcement.
and/or installation of underground utilities
Since immigrants are barred from most
which cross city water and sewer services
federal public assistance, the burden of
that are in the public rights-of-way.
providing social services, education, and
Trenchless excavation could potentially
health care falls to state and local
cause damage to underground service laterals
governments that are increasingly feeling the
and negatively impact the quality of utility
financial impact of both legal and illegal
services.
immigrants living in their communities.
Response:The League supports the
Response: The League of Minnesota Cities,
changes to the definition of excavation
together with the National League of
presented by MNOPS at the 2012 Review
Cities, urges Congress to move quickly to
of Minn. Stat. ch. 216D. Cities support the
enact and enforce effective immigration
elimination of windbreaks, shelterbelts,
laws.
and tree plantations from the definition of
excavation, unless any of these activities
Federal and state governments must not
disturbs the soil to a depth of 18 inches or
transfer responsibility for enforcing U.S.
more.
immigration laws to local personnel,
including police officers, firefighters,
The League supports exempting normal
educators, health professionals, and social
maintenance of roads and streets from the
service employees. Federal and state
definition of excavation if the maintenance
governments must not prohibit local units
does not change the original grade and
of government from implementing policies
does not involve the road ditch by defining
aimed at fostering positive relationships
“original grade” as the grade at the date of
between local government officials,
issue of the first notice by the excavator.
including law enforcement personnel, and
The League supports increasing MNOPS
immigrant communities.
fines for violators of state pipeline safety
requirements, bringing state penalties in
line with federal penalties.
Council Packet Page Number 204 of 430
J3, Attachment 2
The League oppose same standards as privately-owned utilities
s mandatory damage
reporting and recommends a simple that exist in the public right-of-way.
standardized form to encourage cities to
Response: The League of Minnesota Cities
voluntarily report damages. The League
supports use of the design-build
opposes requirements that would force
procedure, however, municipal utilities
cities to mark underground facilities of all
that exist in the public right-of-way should
sizes and materials.
not be penalized under this process.
The League recognizes that trenchless Municipal utilities legitimately exist in the
excavation presents concerns to cities. public right-of-way. When a MnDOT
Private property owners in the excavation construction project requires the
area must receive advance notice of any relocation of utilities, the cost of relocating
trenchless or other excavation activities municipal utilities should be shared
that could affect the quality of utility equitably between MnDOT and affected
services. Notice must include at least one municipal utilities.
phone number for assistance in case of any
SD-10. National Fire Protection
service problems.
Association (NFPA) Standards
Contractors must comply with city permits
Issue: The National Fire Protection
requiring that the drill head be visible
Association (NFPA) is an international
when crossing any paint marks and
association of individuals and trade and
moving through the pothole at the depth
professional organizations that deals with fire
that the city allows for the installation.
and life safety. The NFPA has advocated
Cities must not be required to locate
legislation and Occupational Safety and
privately-owned water and sewer laterals
Health Administration (OSHA)requirements
and must not be held responsible for
that would mandate two standards: NFPA
actions by excavators when the city
1710, Organization and Deployment of Fire
determines not to locate such facilities.
Suppression Operations, Emergency Medical
Excavators should be responsible for
Operations, and Special Operations to the
locating and protecting any private service
Public by Career Fire Departments, and
lateral that is impacted by excavation
NFPA 1720, Organization and Deployment
activities conducted on private property
of Fire Suppression, Emergency Medical
beyond the public right-of-way.
Operations, and Special Operations to the
Public by Volunteer Fire Departments. NFPA
SD-9. Utility Relocation Under
standards 1710 and 1720 define minimum
Design-Build Road Construction
response times, minimum fire company
Issue: The Minnesota Department of
staffing levels, initial full alarm response
Transportation (MnDOT) has promoted
levels, and extra alarm response levels.
legislation relating to the design-build
Although NFPA codes and standards are
construction process that would require
voluntary, they are often adopted by local
private and public utilities to be responsible
jurisdictions.
for utility relocation necessitated by road
Response:Levels of service delivery for
construction. The policy, if enacted, would
fire and emergency medical services
create unanticipated costs for utilities owned
(EMS) have always been determined by
and operated by cities. Municipally-owned
local jurisdictions. If mandated, the NFPA
utilities would be unreasonably held to the
standards would force local governments
Council Packet Page Number 205 of 430
J3, Attachment 2
to shift doll agreements that are similar to the LMCIT
ars from fire prevention
programs to fire suppression activities, model agreement. To provide uniformity,
there should be a statute that is similar to
potentially increasing the risk of fire and
the danger to local firefighters. Minn. Stat. § 12.331, to govern daily fire
mutual aid situations that do not rise to the
The League supports permanent and
level of emergencies.
ongoing state funding to assist fire
departments statewide to improve Response:The Legislature should pass a
emergency response and work toward statute to provide uniform provisions
industry standards. when fire departments assist each other.
These provisions should include statutory
The League of Minnesota Cities opposes
definitions and clarifications for:
any attempt to mandate standards for
minimum staffing levels of fire, specialized a) Who is in command of the mutual aid
or EMS vehicles controlled by units of scene.
local government. The League also
b) Who will cover the firefighters for
opposes any attempt to adopt a standard
worker's compensation.
dictating or affecting the response time of
c) How liability and property claims will
any fire, specialized or EMS vehicle.
be handled.
SD-11. Fire Mutual Aid
d) Who will pay for expendable supplies
Issue: City and township fire departments
such as foam.
regularly assist each other with firefighting
e) When fire departments will charge
and other response activities. This mutual aid
each other for these services.
is mostly authorized by individual written
contracts with each city or township, which
f) The ability for fire departments to opt
results in a patchwork of different
out by having a separate written
agreements with different provisions. Often,
agreement.
each city attorney recommends different
SD-12. Clarification of Joint Powers
provisions.
Relationships with Federally
Following the Red River floods and the St.
Recognized Indian Tribes
Peter tornados, emergency responders
(including fire departments) met and helped
Issue: During the 2010 legislative session,
pass a statute to govern mutual aid situations
Minn. Stat. § 471.59 was modified to allow
when there is an emergency declared by
federally recognized Indian tribes to
mayor or governor and no written agreements
participate in joint powers agreements with
exist. The statute, Minn. Stat. § 12.331,
other governmental entities, including
provides a framework for how worker’s
Minnesota cities. Indian tribes are extremely
compensation, liability, property claims,
unique legal entities under federal law and
insurance, and charges between the
international treaties. The new law was a
departments will be handled in mutual aid
broad brush authorization that did not address
situations.
important issues that uniquely arise when
dealing with Indian tribes related to
The League of Minnesota Cities Insurance
sovereignty, insurance liability and liability
Trust (LMCIT) developed a model mutual
limits (commonly called “tort caps”).
aid agreement that contains the same basic
Previous laws, such as Minn. Stat. § 626.93
structure for liability as the statute. Many
(authorizing tribes to act as law enforcement
cities have entered into area-wide mutual aid
Council Packet Page Number 206 of 430
J3, Attachment 2
entities) explifor many ambulance services. In addition, in
citly addressed these concerns.
Since the new law passed, interest has been most cases Medicare does not pay for costs
related to treatment of patients that are not
expressed by public safety groups and
individual cities in entering into joint powers transported. The BBA mandates are
agreements with federally recognized Indian impacting the ability of some Minnesota
tribes. However, legislative guidance is ambulance service providers to adequately
needed to address concerns related to fund their operations.
sovereignty, insurance and liability limits for
The loss of revenue due to Medicare and
these agreements.
Medicaid reimbursement changes, coupled
Response: Include in Minn. Stat. § 471.59 with higher insurance rates, is affecting the
(the joint powers statute) language ability of many ambulance service providers
substantially similar to Minn. Stat. § to deliver emergency care, particularly in
626.93 that clarifies that Indian tribes rural Minnesota. All ambulance services and
entering into joint powers relationships personnel are regulated by Minn. Stat. ch.
agree to: 144E and must comply with the same
licensing, training, and equipment-related
a) Be subject to liability for its torts and
requirements, regardless of ownership.
those of its officers, employees, and
agents acting within the scope of their In addition, the liability exposure of medical
employment or duties arising out of the directors associated with ambulance service
joint powers agreement to the same is a concern. While medical directors of
extent as a municipality under Minn. government-based ambulance services may
Stat. ch. 466; and arguably be covered by public official
immunity, the law is unclear and should be
b) Notwithstanding Minn. Stat. § 16C.05,
clarified.
subd. 7, waive its sovereign immunity
with respect to claims arising from Response:The League of Minnesota Cities
liability under the joint powers. supports federal legislation that would:
a) Require Medicare to set ambulance
SD-13. Ambulance Service Costs
payment rates to cover the cost of
and Liability
providing service for both transport
Issue: The cost of providing ambulance care
and non-transport care of patients;
has increased steadily over the last several
b) Require adequate reimbursement for
years due in part to changes in Medicare and
ambulance providers;
Medicaid reimbursement. The federal
Balanced Budget Act (BBA) of 1997 made
c) Require Medicare to reimburse for 911
two significant changes to ambulance billing.
ambulance transports regardless of
First, the act mandated that all ambulance
medical necessity;
services accept Medicare and Medicaid
d) Make it easier for providers to file
assignments as payment in full; that is,
claims with Medicare by eliminating a
ambulance services cannot bill the Medicare
processing system that often leads to
or Medicaid patient for any unpaid balance
the rejection of legitimate
beyond the Medicare or Medicaid
reimbursement claims.
assignment. Second, the act mandated a
If the federal government does not
uniform fee schedule that was implemented
increase Medicare and Medicaid rates in
in April 2002. The new fee schedule
the immediate future to fully reimburse
significantly reduced reimbursement levels
Council Packet Page Number 207 of 430
J3, Attachment 2
providers for the ambulance industry compromises
cost of treating and
transporting patients, the state should accountability by EMS providers.
provide defined additional funding to
Response:The League of Minnesota Cities
offset the gap.
calls for the legislature and Office of EMS
The League also urges the Legislature to to implement policies that would:
extend the protection of the state and
a) Allow local units of government to
municipal Tort Claims Act to licensed
designate which licensed ambulance
third parties that contract with a
service provider or providers may
municipality to provide ambulance
serve their communities and to
services. The League also supports
determine the appropriate level of
extending the applicability of public
service;
official immunity to medical directors in
b) Provide local units of government with
the course of ambulance service activities.
tools and authority to ensure
SD-14. Emergency Medical Services
transparency by EMS providers;
Issue: The Emergency Medical Services
c) Uncouple the professional standards
Regulatory Board (EMSRB) is the State of
overview role of the Office of EMS
Minnesota’s regulatory entity that oversees
from service area determinations;
and issues ambulance licenses. It will be
d) Include representatives of
replaced in 2025 by a new Office of
municipalities on the Office of EMS’
Emergency Medical Services. Currently, the
EMS Advisory Council;
EMSRB has the authority to designate exclu-
sive emergency medical services (EMS)
e) Provide authority for the Office of
operating areas, or primary service areas
EMS to set professional standards; and
(PSAs), for ambulance providers. Once a
f) Requiring the Office of EMS to submit
provider has been approved to operate in a
biennial reports on EMS service
PSA, the provider is authorized to serve that
delivery data points for each local unit
PSA for an indefinite period of time. No
of government to appropriate
other health licensing board in Minnesota
legislative committees.
grants a provider an exclusive operating area.
SD-15. Fees for Service
Historically, health licensing boards have
played a critical role in setting professional
Issue: While general services—such as
standards and establishing credentialing
permitting, inspections or enforcement—are
processes. However, the EMSRB has not
typically funded out of a city’s general fund,
imposed operational standards to ensure an
cities often impose fees to cover the cost of
area has adequate coverage and service level
providing certain services, permits, and
such as response time requirements on EMS
licenses.
providers. Furthermore, there is currently no
The Legislature and interest groups often
oversight of ambulance billing rates. The
seek to mandate or preserve fee limitations
current system does not require ambulance
for city services. Over the last several years,
services to disclose the number of
the Legislature has enacted a number of new
ambulances staffed, where an ambulance is
laws designed to rigorously control local fee-
responding from or any other important data
setting authority. Examples of such mandates
points that would ensure a community is
include placing limits on coin-operated
receiving quality ambulance services. The
amusement machine license fees, on-sale and
lack of transparency within Minnesota’s
Council Packet Page Number 208 of 430
J3, Attachment 2
off-sale liquor lit must be circulated in the city which it
icense fees, license fees for
retailers selling fireworks, deputy registrar purports to serve, and either have at least 400
copies regularly delivered to paying
fees and planning and zoning fees. The state
also requires cities that collect more than subscribers or have at least 400 copies
$5,000 in development-related fees each year distributed without charge to local residents.
to annually report all construction and For cities under 1,300 population, the
development fees to the Department of Labor delivery and distribution threshold is 250
and Industry. copies.
Response: While the state has a role in As the newspaper industry has been
providing a general, statewide funding challenged by alternative technologies, a
policy, the state should not interfere in the growing number of cities are unable to find a
decision-making functions performed by newspaper that meets the qualifications in
cities when setting city budgets to provide state statute. In addition, as technology has
city services. The League of Minnesota evolved, people have become more
Cities seeks authority for cities to charge accustomed to the instantaneous availability
fees that are reasonably related to the cost of online information. Because cities are
of providing the service, permit or license. committed to providing information to
The League opposes legislation that would residents and responding to this demand, they
require specific methods to pay for city have invested heavily in their websites and in
services or would place caps on city fees. growing a robust online presence. They
survey residents about what method of
SD-17. Improving and Increasing
communication is preferred and based on
Access to Information
this, cities update, reform, evolve, and
advance communication tools and often, they
Issue:State law requires that cities publish
do so with limited means and resources to
certain types of information in a “qualified”
ensure residents have access to information
newspaper designated by the city. While the
about their city.
requirements vary based on city population
size, most cities must publish ordinances
Because of the publishing mandate outlined
before they can take effect; advertisements
in state statute, cities continue to publish in
for bids; various financial reports; meeting
newspapers with limited resources while
and hearing notices; notices of elections;
simultaneously providing information to
dates for filing affidavits of candidacy; and
residents in the format they actually demand
sample ballots. Collectively, these items are
online. These requirements originated in
referred to as “official notices,” legal notices”
1949 and to ensure the original intent of the
and “public notices” in state statute.
law – providing residents access to their local
government – it is time to eliminate these
There are several requirements (Minn. Stat. §
outdated requirements and make
331A.02) for a newspaper to be a “qualified”
communicating with residents more efficient.
or “official” newspaper for the city. For
instance, there can only be one newspaper
Response: The Legislature should
chosen for the city; it must be printed in
eliminate outdated and unnecessary
English in a newspaper format; if it is a daily
publication requirements that are no
newspaper, it must be distributed at least five
longer relevant or representative of the
days each week; if not a daily paper, it may
technology we now have that has
be distributed twice a month with respect to
significantly increased access to
the publishing of government public notices;
Council Packet Page Number 209 of 430
J3, Attachment 2
government. Citi In 2009, the Legislature amended Minn. Stat.
es should have the
authority to: ch. 169, the chapter of law pertaining to state
traffic regulations, to allow cities and
a) Determine whether web publication
counties to issue administrative citations for
should replace or supplement
certain minor traffic offenses. Since the
newspaper publication based on the
passage of the 2009 administrative traffic
unique needs of each community.
citations law, some people have questioned
b) Designate an appropriate publication
whether administrative citations for non-
that reaches the maximum number of
traffic, liquor, and tobacco license code
residents possible.
violations can be legally issued by statutory
cities given that state law does not expressly
c) Use alternative means of
provide authority on other code matters.
communication to fulfill statutory
requirements such as city newsletters,
Response: The League of Minnesota Cities
cable television, video streaming, e-
continues to support the use of city
mail, blogs and city websites.
administrative fines for local regulatory
ordinances, such as building codes, zoning
d) Expand the use of summaries where
codes, health codes, public nuisance
information is technical or lengthy.
ordinances, and regulatory matters that
e) Publish and provide public access to
are not duplicative of misdemeanor or
local codes of ordinances on a website
higher-level state traffic and criminal
accessible to the public and to post
offenses. The Legislature should clarify
revisions and changes to city codes,
that both statutory and home rules charter
resolutions, and rules on the city
cities have the authority to issue
website, when feasible.
administrative citations for code
violations. Further, state statute should
SD-18. Administrative Fines for
allow statutory and home rule charter
Code Violations
cities to adjudicate administrative citations
Issue: Many statutory and home rule charter
and to assess a lien on properties for
cities have implemented administrative
unpaid administrative fines.
enforcement programs for violations of local
SD-19. Contracting and Purchasing
regulatory ordinances such as building codes,
zoning codes, health codes, and public
Issue: Minnesota statutes stipulate
nuisance ordinances. This use of
contracting and purchasing requirements for
administrative proceedings has kept
Minnesota cities. The law prescribes the
enforcement at the local level and reduced
process political subdivisions must use to
pressure on over-burdened district court
make purchases and award contracts, and
systems. Cities using administrative
requires a competitive sealed bid procedure
enforcement processes experience a lower
for contracts or purchases over $175,000.
cost of enforcement and a quicker resolution
The intent of these statutory requirements is
to code violations.
to provide taxpayers with the best value for
their dollar and ensure integrity in the
Minnesota statutes expressly provide the
process. However, imposing these statutory
authority for all cities to utilize
requirements may, at times, result in political
administrative enforcement of local codes
subdivisions paying more for goods and
and enforcement of liquor license and
services than private entities under the same
tobacco license violations.
circumstances.
Council Packet Page Number 210 of 430
J3, Attachment 2
The Legislature
recognized the benefits service at a reasonable cost. The benefits of
associated with alternative purchasing an enterprise operation, therefore, should be
methods when it amended municipal evaluated not solely in terms of profitability
contracting law in 2004 to authorize the use but also on the service benefits to residents of
of reverse auctions to purchase supplies, the community.
materials, and equipment. Similarly, other
Response:The League of Minnesota Cities
contracting procedures, including “design-
supports the local decisions made by cities
build” and direct negotiation are proven
to deliver services by establishing a city
alternatives to the formal bidding process.
enterprise operation. The state should
Authorizing broader use of these types of
refrain from infringing on the ability of a
alternatives as the Legislature did in 2009 by
city to provide services for its community.
authorizing a design-build pilot program,
would enhance the ability of cities to make
SD-21. Preservation of Order in City
appropriate and fiscally responsible
Council Meetings
purchasing decisions.
Issue: The Minnesota Supreme Court held a
Response:The League of Minnesota Cities
provision in Minn. Stat. § 609.72, subd. 1(2),
supports broader use of alternative
that prohibits disturbing public meetings was
contracting and purchasing methods that
unconstitutionally broad. State v. Hensel,
streamline the process and reduce local
A15-0005 (Minn. 2017). Minn. Stat. §
purchasing costs. Specifically, the League
412.191 gives statutory authority to city
supports authorizing cities to use the
councils to preserve order and regulate
design-build procedure and providing
procedure at their meetings. Cities rarely
municipalities with broader authority,
relied on the struck-down statute, but instead
similar to that of private businesses, to
used other avenues to maintain order, such as
directly negotiate contracts. The
issuing warnings and enforcing decorum
Legislature should establish a task force to
rules. The struck-down statute served as a
review municipal contracting laws, and
last resort when other options did not work.
consider contracting and purchasing
Response: The Legislature should ensure
reforms that give cities the flexibility to
statutes adequately balance public
provide quality goods and services at the
participation with the ability to effectively
lowest cost to taxpayers.
manage public meetings and protect
SD-20. City Enterprise Operations
public safety.
Issue: Historically, city enterprise operations
SD-22. Constitutional Amendments
have been created in response to community
Issue: The Minnesota Constitution requires
needs, lack of a private market, financial
that a constitutional amendment be approved
reporting requirements, state and federal
by a simple majority of both chambers of the
mandates, to enforce state and local law, and
Legislature at one session, and must then be
to ensure a quality of life for the residents of
ratified by a majority of all the voters voting
a community. Establishing an enterprise
at the election. Minnesota is one of 18 states
operation allows a city to provide a desired
that require a simple majority vote by
service while maintaining financial control
legislators while 26 states require a higher
over service levels, costs, and public inputs.
threshold (17 states require a two-thirds
In some cases, enterprise operations produce
majority and nine require a three-fifths
general public benefits and may require
majority). Since statehood, 216 proposed
public support to ensure a desired level of
Council Packet Page Number 211 of 430
J3, Attachment 2
constitutional am and enact public policy that reflects
endments have been voted
on by the electorate; 121 of them have been statewide interests.
approved (56%) and 95 rejected (44%).
The process of adopting state law based on
Cities provide a variety of critical and good public policy is best upheld and
essential services to residents of Minnesota. supported by increasing the accountability
Many public policy decisions at the state and responsiveness of the legislative
level impact cities and therefore, city officials process, not by circumventing it.
depend on their state legislators to represent Presenting complex issues to voters in the
city interests at the Legislature. guise of direct democracy further weakens
representative government.
Additionally, unlike a statutory change, a
constitutional amendment is difficult to A state constitutional amendment to
modify or repeal once enacted. provide for initiative and referendum
subjects cities and their residents and
Response: The League of Minnesota Cities
taxpayers to the unintended outcomes of
strongly supports our representational
sometimes unwise attempts to place
system of government and opposes laws
significant public policy decisions into the
and amendments that restrict local
hands of special interests that can raise
government. The Legislature is the
unlimited funds for the purpose of
appropriate governing body to consider
promoting their more narrow interests.
and enact laws that reflect statewide
interests. Utilizing constitutional
SD-24. Civil Liability of Local
amendments to change public policy
Governments
circumvents this process.
Issue: One of the barriers to the delivery of
Therefore, the League supports requiring
governmental services and programs is the
a supermajority vote (two-thirds in
exposure of local governments and their
support) by the Legislature to put an
officials to civil damage claims. The state has
amendment on the ballot.
acted to protect itself and its local
governments by enacting exceptions and
SD-23. Initiative and Referendum
limitations to liability suits, and authorizing
Issue: The Legislature has frequently
self-insurance and other mechanisms to deal
considered legislation to establish initiative
with claims allowed by law.
and referendum by proposing to place a
Response: The League of Minnesota Cities
question for voter approval on the state
supports:
general election ballot to amend the state
constitution to allow voters to initiate or
a) Creating an exception to municipal
repeal state laws by submitting a petition
tort indemnification law, Minn. Stat. §
which would cause such questions to be
466.07, where an employee is defended
placed on the state general election ballot.
and indemnified for claims under a
contract of insurance carried by the
Response: Cities strongly support our
employee.
representational system of governance
and, therefore, oppose amending the state
b) Extending the protection of the state
constitution to provide for initiative and
and municipal Tort Claims Act to
referendum. The Legislature is the
quasi-governmental entities when
appropriate governing body to consider
performing public services such as
firefighting or licensed third-party
Council Packet Page Number 212 of 430
J3, Attachment 2
ambulance provi that apply to all condemnation actions,
ders that contract
with a municipality to provide including those for traditional public uses
such as roads, parks, and schools. Legislation
ambulance services.
to control cities’ abilities to perform
c)Existing constitutional safeguards for
regulatory acts—such as road rights-of-way
protecting public and private property
condemnation, shooting range zoning, and
interests without any statutory
amortization—has also received strong
expansion of property rights.
support from legislators. In addition, some
d) Clarifying and maintaining the
legislators would like to authorize businesses
applicability of municipal immunity in
to seek inverse condemnation when a
various areas, including, but not
governmental entity enters the business
limited to, vicarious official immunity
market and provides competing goods or
and park and recreational immunity,
services or limits the number of businesses
including the extension to entities
that can operate privately or receive public
providing a public service that have
contracts.
not traditionally been included within
Such legislative initiatives threaten a wide
the immunity (e.g., state trails over
array of planning, environmental, historic
municipal utility easements).
preservation, and land conservation measures
e) Preserving changes to Minnesota’s
and undermine the fundamental
joint and several liability laws that
responsibility of cities to protect the public
require a municipality to be at least 50
health, safety, and welfare of its residents.
percent at fault to be held responsible
In 2006, the Legislature enacted Minn. Stat. §
for 100 percent of a damage award.
117.031, a statute related to attorney fees in
f) Reasonable limits on the amount and
the eminent domain process. The structure of
circumstances in which statutory
the statute has resulted in attorney fee awards
attorney fees may be awarded in order
in eminent domain actions that have no
to encourage settlement by all parties
relationship to the outcome of the case, serve
and decrease the likelihood of
only to encourage litigation, and shift limited
litigation.
public funding away from infrastructure
projects.
g) Preserving the essential structure of
the local government tort liability caps
Response: State law must continue to
in Minn. Stat. § 466.04.
provide cities with the tools needed to
balance the rights of private property
SD-25. Private Property Rights and
owners with the interests of the public.
Takings
The League of Minnesota Cities opposes
legislation that diminishes the ability of
Issue: In the wake of the U.S. Supreme
cities to act in the best interest of the
Court’s 2005 decision, Kelo v. City of New
health, safety, and welfare of its residents;
London, 545 U.S. 469, which upheld the
that increases the cost of doing business
ability of local governments to use eminent
for the public good; or that creates the
domain for economic development purposes,
possibility of additional lawsuits against
the Legislature enacted significant
cities.
restrictions on cities’ use of eminent domain
for economic development and
Specifically, the League opposes legislation
redevelopment, and imposed new
that:
compensation and procedural requirements
Council Packet Page Number 213 of 430
J3, Attachment 2
a) Allows busin
esses to seek inverse c) Improving the efficiency, cost and quality
condemnation when a city provides of garbage and recycling service provided
competing goods or services, or limits to local residents;
the number of private operators.
d) Cooperating with other local
b) Creates an automatic cause of action governments to best meet solid waste
for damages any time a local management and recycling objectives;
regulatory action impacts the use or
e) Taking local steps to reduce energy
reduces the value of private property.
impacts of public services; and
The League supports legislation that:
f) Meeting the requirements of county
a) Authorizes cities to use eminent ordinances and solid waste management
domain for economic development and plans as required under Minn. Stat. §
redevelopment projects that advance a 115.94.
greater public good that benefits the
community.
Organized collection is also encouraged in
b) Empowers local elected officials to state solid waste policies as a means of
determine whether a particular taking improving the efficiency and coordination of
of property serves a public purpose. solid waste management between local units
of government. There are very specific and
c) Creates incentives to encourage
burdensome public procedures laid out in
landowners to voluntarily sell their
statute defining how such a decision must be
property to the public for development
publicly vetted and approved and over what
or redevelopment.
time period that can occur.
d) More appropriately balances awards of
Despite all of these important and valid
attorney fees and costs of litigation
reasons for using organized collection,
with the outcome of the eminent
legislation has been discussed in several
domain proceeding.
recent sessions that would allow special
takings claims or contractual damages to be
SD-26. Organized Solid Waste
claimed by the solid waste industry if local
Collection
governments make decisions that limit the
Issue: “Organized collection” refers to a
number of companies that can collect
situation where a local unit of government,
garbage in a community in a manner that
for any of a variety of reasons, decides that
prevents a company currently operating in
there is a public interest served by limiting
the community from continuing to do so
the number of solid waste and recycling
through the implementation of organized
collection services available in the area. The
collection. The unspecified and ongoing
reasons for implementing organized
liability this change would create would have
collection can vary, but include:
the effect of eliminating organized collection
as a waste management option. This change
a)Public safety concerns caused by the
would also create a virtual monopoly
number and frequency of large trucks
situation for any company awarded a solid
moving quickly through residential
waste contract under organized collection.
neighborhoods;
The local unit of government would have to
b) Reducing wear on public infrastructure
“buy out” a contractor in the future to change
from heavy truck traffic;
providers, even if their services were no
Council Packet Page Number 214 of 430
J3, Attachment 2
longer the lowest biProviding clean, safe, cost-efficient drinking
d. It also creates an
incentive for bidders under organized water to residents is an essential service
provided by 726 active municipal water
collection to submit high bids, as they would
be eligible for damages if they fail to win systems. The Minnesota Department of
without having to provide service. Health (MDH) agrees that cities have the
Furthermore, this is a precedent that, if statutory authority to determine whether
applied to other government purchasing and private wells are an appropriate use within
service contracting decisions, would clearly their boundaries and that cities must protect
run counter to the public purpose of the public water supplies from numerous
government providing services at the lowest private wells in city boundaries. Private
feasible cost to taxpayers. wells in a city increase the risk of
contaminating public water supplies and
Response:The League of Minnesota Cities
encourage over use of water. Cities have the
opposes efforts to apply inverse
authority to regulate and even prohibit
condemnation claims to city solid waste
private wells by local ordinance.
contracting decisions or to allow automatic
contractual damage claims for solid waste Response: The League of Minnesota Cities
haulers that lose competitive bids in supports current law that authorizes cities
organized collection communities. to protect public health and safety through
local controls regulating or prohibiting
Further, the League supports the current
private wells being placed within
state policy that organized collection is a
municipal water utility service boundaries
valuable tool as part of a comprehensive
and would oppose any changes to law to
solid waste and recycling management
remove that authority.
program and recognizes the need to
protect and preserve the authority of cities
SD-28. Sustainable Development
to adopt solid waste service contracts that
Issue: Minnesota cities spend significant
protect public safety, the environment and
time and resources planning for growth,
public infrastructure.
development, and redevelopment that will
SD-27. Private Well Drilling
best serve the future needs of their residents.
Numerous factors are considered as part of
Issue: The state has continued to place
that process, but an area of increasing interest
requirements on public water supply
involves concepts often categorized as
providers to add drinking water treatment and
“sustainable development.” Minn. Stat. §
testing, to restrict the volume of water used,
4A.07, subd. 1(b), defines this term, as it
and to increase the cost of water use through
pertains to local government, to mean
fees and requirements on utility rate
“development that maintains or enhances
structures. As a result, many water users are
economic opportunity and community well-
choosing to obtain all or portions of their
being while protecting and restoring the
water from wells they place on their own
natural environment upon which people and
property. This creates risks to public health
economies depend. Sustainable development
and safety, can affect the surrounding
meets the needs of the present without
environment, can affect city water supplies,
compromising the ability of future
and can leave city water utilities with
generations to meet their own needs.”
massive losses of customer load and rate
revenue. Cities play a key role in fostering sustainable
development and other conservation practices
due to their role in land use planning and
Council Packet Page Number 215 of 430
J3, Attachment 2
zoning, stormwater supersede the authority of local
and wastewater
management, and local economic governments to determine their own
policies regarding land use and related
development. Local governments can take a
lead on these issues by choosing to issues.
incorporate aspects of sustainable
Providing technical assistance and
development into their local operations and
financial incentives, streamlining
facilities. They can also develop local
regulations to encourage local
policies and regulations that support and
governments and private property owners
guide individual and private sustainability
to engage in sustainable development
efforts. The ability of a city to affect these
practices, and providing education and
changes can, however, be restricted by
information to the building industry and
policies and requirements imposed by other
the public are the best means to generate
levels of government.
successful results. These programs should
Sustainable development initiatives can cover focus on outcomes, allowing flexibility in
a wide range of issues, but share the benefit how to best meet those outcomes in
of lessening the future environmental impacts different locations and situations. The
of communities on the land, air, and water in League opposes mandates that limit the
their area. Lakes, streams, rivers, wetlands, authority of cities to determine what
wildlife habitat, shoreland areas, and other practices will best meet the needs of their
natural resources can be protected and communities.
enhanced in quality through local efforts.
The League supports sustainable
Energy efficiency and renewable energy
development efforts that meet the above
production reduce the energy demands of a
criteria, including programs proposed in
community and the environmental impacts of
the following areas:
energy production. By more efficiently using
a) Shifting public resources, services,
public infrastructure and minimizing resource
investments, purchasing power, and
consumption, the costs to individuals,
procurement toward more
business, and government can be reduced.
economically and environmentally
New and expanded business and job
sustainable outcomes where those
opportunities are also generated by the
solutions are cost effective and
“green” products and services needed to
appropriate.
implement sustainable development
initiatives. The ideal result of well-planned
b) Using local land-use planning and
sustainability, natural resources management,
zoning to protect and enhance limited
and conservation efforts is a city that is more
natural resources, and reduce the
efficient in the use of its resources and
impacts of growth and development on
infrastructure, creates fewer environmental
local infrastructure.
problems for future generations to address,
c) Promoting efficient and renewable
and is a more desirable home for residents
energy sources.
and businesses.
d) Encouraging sustainable building
Response:The League of Minnesota Cities
design, construction, and operation
supports federal, state, and regional
strategies focused on integrated design,
efforts to promote sustainable
energy efficiency, water conservation,
development where the effectiveness of the
stormwater management, waste
proposed practice is supported by sound
reduction, pollution prevention, indoor
science, and as long as those efforts do not
Council Packet Page Number 216 of 430
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environmental q While a single set of coordinated codes helps
uality, and the use of
low-impact building materials and provide consistency in code administration
and enforcement, implementation of
products.
sustainable building design, construction, and
e)Supporting sustainable economic
operation does not readily integrate with the
development, such as brownfield clean-
existing state building and energy code
up, on-site stormwater management,
system. As a result, many cities are interested
and sustainable business practices and
in adopting an advanced energy building
technologies.
standard beyond the base statewide
f) Assisting and recognizing local
commercial code for the construction,
governments that take actions to
reconstruction, and alteration of public and
reduce greenhouse gas emissions and
private commercial buildings. An advanced
increase energy efficiency by providing
energy building standard would allow
and identifying technical assistance,
municipalities to require more energy
financial assistance, and best practices.
efficient buildings, reducing the energy
burden for building occupants and lowering
SD-29. Construction Codes
overall greenhouse gas emissions.
Issue: The State Building Code (SBC) is the
Response: A statewide-enforced building
statewide standard for the construction,
code may have benefits, but requiring it
reconstruction, alteration, and repair of the
would result in an unfunded mandate.
buildings and other structures of the type
Enforcing the State Building Code should
governed by the code. A building code
remain a local option for the
provides many benefits, including uniformity
municipalities that have not already
of construction standards in the building
adopted the Code, unless the state fully
industry, consistency in code interpretation
funds the costs of enforcement and
and enforcement, and life-safety guidance.
inspection services necessary to enforce a
Since 2018, the state will adopt a new version
statewide building code. If the Legislature
of the SBC every six years after a rulemaking
requires all cities to enforce the State
process that allows for significant public
Building Code, local governments must
input. The League supports adopting and
have the option to hire or select a building
amending the SBC through the rulemaking
official of their choice and set the
process, and opposes legislative changes to
appropriate level of service—even if the
the building codes absent unusual or
state fully funds code enforcement
extraordinary circumstances.
activities.
While all cities must enforce certain codes—
The state should collaborate with local
such as the accessibility code and the
governments, construction industry
bleacher safety code—enforcement of the
representatives, and other stakeholders to
SBC remains a local option for cities outside
review the building and energy codes and
of the seven-county metropolitan area with
consider modifications to encourage
fewer than 2,500 people that did not adopt
sustainable building design, construction,
the code before Jan. 1, 2008. Requiring
and operation.
enforcement of the SBC by smaller cities in
Greater Minnesota is cost-prohibitive for
SD-30. Building Officials
many cities, and would result in an unfunded
mandated. Issue: There is a shortage of certified
building officials in Minnesota. This shortage
Council Packet Page Number 217 of 430
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is particularly construction regulations to protect the
acute in Greater Minnesota
where some cities have trouble finding health and safety of residents. These
education efforts should include training
certified building officials to perform
inspections required by state law. Minnesota to assist local building officials gain the
needs to hire a new generation of certified requisite experience to qualify for
building officials and must ensure that delegation of state-licensed facilities and
current officials have adequate training and public buildings. The Legislature should
opportunity to inspect a wide range of encourage the Minnesota Department of
projects. In light of emerging technologies Labor and Industry to provide training
and offsite building methods such as opportunities to ensure certified building
panelization and modular construction, it is officials across the state have the skills and
important that certified building officials expertise to provide onsite inspections of
have training opportunities that address buildings constructed by new building
inspection processes for new trends in methods such as panelization and modular
homebuilding. construction.
The Department of Labor and Industry (DLI) The League urges the state to make
has authority over state-licensed facilities and surplus revenue from the building permit
public buildings. Pursuant to Minn. Stat. § surcharge available to local governments
326B.106, subd. 2, it must delegate authority to help defray the cost of complying with
to inspect projects on these buildings to a code official training and education
municipality if DLI determines that the requirements.
municipality has adequate qualified local
SD-31. Disability Access
building officials to perform plan review or
Requirements
inspection of the projects. In 2014 the
Legislature passed legislation requested by
Issue: Title II of the Americans with
the League of Minnesota Cities and agreed to
Disabilities Act (ADA) of 1990 requires that
by DLI to provide more transparency and
state and local governments provide people
clarity to the delegation process. DLI, after
with disabilities equal opportunity to benefit
consulting local governments and the
from all of their programs, services, and
League, implemented a new delegation
activities. Public entities are not required to
procedure as required by statute. Although
take actions that would result in significant
the new delegation process is a significant
financial and administrative burdens, but they
improvement, it can still be difficult for local
must modify policies, practices, and
building officials to achieve the experience
procedures to avoid discrimination unless
necessary to be delegated full inspection
they can demonstrate that doing so would
authority.
fundamentally alter the nature of the service,
program, or activity being provided.
Response: Minnesota’s housing and
construction industries depend on the
State and local governments are also required
work of local building officials, and cities
to follow specific standards when
that enforce the State Building Code
constructing new facilities and altering
endeavor to provide quality code
existing public buildings, and they must
administration and enforcement. The
relocate programs or otherwise provide
State must increase its efforts to train new
access in inaccessible older buildings. Under
building officials and must provide
the ADA, public entities are not necessarily
sufficient education to help local officials
required to make each existing facility
efficiently administer and enforce
Council Packet Page Number 218 of 430
J3, Attachment 2
accessible. Howev
er, their programs—when
SD-32. Assaults on Code
viewed in their entirety—must be readily
Enforcement Officials
accessible to people with disabilities. A
Issue: Many city employees and contractors
public entity may achieve program
are required to enforce city codes and
accessibility through various methods. For
ordinances and state statutes and rules as part
example, a city may alter existing facilities,
of their job duties. Code enforcement can
acquire or construct new facilities, relocate a
involve denying a building permit, ordering a
service or program to an accessible facility,
landlord to make repairs to rental properties,
or provide services at other accessible sites.
or fining property owners for failing to abate
One district court judge has taken an
a nuisance. Because of the nature of their job,
expansive view of disability access
code enforcement officials can be subjected
requirements for public recreation facilities.
to verbal assaults, threats, and physical
The case involved a parent who sued a city
violence.
due to difficulty viewing soccer and baseball
Minnesota law recognizes the need to protect
games on certain city fields. The court, in
certain employees whose jobs make it more
interpreting the Minnesota Human Rights Act
likely that they will be the target of assaults
(MHRA), held that any public facility is a
by escalating assault charges from fifth to
public service. Since the MHRA requires that
fourth degree for the assaults of peace
every public service be accessible to disabled
officers, firefighters, school officials, and
persons, the court concluded that each and
“public employees with mandated duties”.
every playing field and other public facility
Minn. Stat. § 609.2231, subd. 6, specifically
must be fully accessible. The court rejected
defines “public employees with mandated
the ADA’s limitations on modifications for
duties” as agricultural inspectors,
physical access to older facilities, as well as
occupational safety and health inspectors,
the ADA’s “when viewed in its entirety”
child protection workers, public health
language for program access. The result is a
nurses, animal control officers, and probation
more restrictive state standard for physical
or parole officers. An assault on one of these
access to public facilities than required by the
employees who is engaged in the
ADA and the State Building Code.
performance of a duty mandated by law,
Response: The League of Minnesota Cities
court order, or ordinance, is a gross
supports changes to the MHRA that will
misdemeanor if the person knows the
make state accessibility standards
employee is engaged in the performance of
compatible with the federal ADA for
official duties and inflicts demonstrable
public services and facilities. The
bodily harm.
Legislature should clarify that a facility
Under current law, an assault on a code
that is in compliance with Accessibility
enforcement official not enumerated in Minn.
Code provisions of the State Building Code
Stat. § 609.2231, subd. 6, while performing
meets the physical access requirements of
official business can only be charged as fifth
the MHRA. State law should also specify
degree assault, a misdemeanor, unless it
that accessibility requirements apply to
results in substantial bodily harm. All code
public programs and services as a whole,
enforcement officials should be afforded the
rather than to each individual aspect of a
same protections under Minnesota Statutes,
public program or service.
and the legislature should amend the statute
to expand the employees covered by the
statute.
Council Packet Page Number 219 of 430
J3, Attachment 2
Response:The lecities to prohibit firearms in city-owned
gislature should expand
Minn. Stat. § 609.2231, subd. 6, to include buildings, facilities, and parks. The League
supports clarifying the Act to state that a
code enforcement officials. The term code
enforcement official should be defined permit holder, under the terms of a
broadly to include public employees and permit, is allowed to carry a pistol-length
contractors whose jobs require them to firearm, but not a semiautomatic military-
enforce all administrative codes, rules, style assault weapon. The League is not
ordinances, and state laws. seeking a repeal of the Citizens Personal
Protection Act, nor authority to prohibit
SD-33. Restrictions on Possession of
legal weapons in parking lots or on city
Firearms
streets and sidewalks. The League also
supports efforts by commercial property
Issue:The Minnesota Citizens Personal
owners to clarify that the prohibition on
Protection Act, also known as “conceal-and-
restricting possession by tenants and their
carry,” prohibits guns on most school
guests applies only to residential rental
properties but forbids other local units of
property.
government from prohibiting loaded firearms
on their properties. The inconsistencies in the
SD-34. Public Safety
law’s treatment of different kinds of
Communications
properties have caused confusion about how
the law applies to multi-use facilities, such as Issue: The state role in financing public
municipal ice arenas used for school-safety communications has important cost
sponsored programs. implications for cities. The state needs to
accept financial responsibility for use by
Further, the law gives private property
cities of the state public safety radio
owners the right to prohibit guns in their
communications backbone. Cities have
establishments, but prohibits landowners
struggled to pay high expenses to participate
from restricting firearm possession by tenants
in the 800 MHz statewide public safety
and their guests without distinguishing
system.
between residential and commercial
properties. This creates confusion for In previous state budgets, the Legislature
shopping malls and other retail properties turned to revenue sources upon which cities
with large common areas that are not depend to cover costs to purchase and operate
occupied by the tenants but which the tenants new communications technology and
and their customers must cross to access the hardware for computer-aided dispatch, 911
tenant’s space. public safety answering points (PSAPs), and
interoperable radio communications
Finally, the Citizens Personal Protection Act
equipment and subsystems in order to finance
does not explicitly state the type of firearm a
the build-out of the state backbone for the
permit holder may carry, and this has led to
new system. As a result, fees were directed to
ambiguity regarding whether the law is
fund revenue bond debt service used to
limited to the right to carry a pistol-length
complete the statewide build-out of the
firearm in public or if it allows for any
Allied Radio Matrix for Emergency
firearm, including a military-style assault
Response (ARMER) and the cost of
rifle.
operations of the state public safety radio
Response: The League of Minnesota Cities
communications backbone.
requests an amendment to the Citizens
Personal Protection Act that would allow
Council Packet Page Number 220 of 430
J3, Attachment 2
At the federal lev
el, the Federal petition the court for an order expunging the
Communications Commission (FCC) has record. These automatic expungement
ordered reservation of 700 MHz wireless provisions go into effect Jan. 1, 2025.
spectrum for a national interoperable Offenses that are considered violent or
broadband network to meet public safety otherwise not subject to automatic
communications needs. FirstNet was expungement in the new law will still require
established in 2012 as an independent a petition and court order.
authority within the National
Additionally, 2023 legislation requires
Telecommunications and Information
automatic expungement of certain cannabis-
Administration (NTIA) and is responsible for
related records. Eligible felony level
constructing a nationwide high-speed public
cannabis-related records will be reviewed by
safety wireless broadband network.
a Cannabis Expungement Board to determine
Response: The League of Minnesota Cities whether the records meet the criteria
supports continued and increased state identified for expungement. The cannabis
financing of substantial local costs to law went into effect Aug. 1, 2023, and
participate in ARMER, including the cannabis-related expungements are expected
acquisition and modernization of to be implemented mid-2024.
subscriber equipment, such as portable
Response: The League supports legislation
and mobile radios required for ARMER
addressing the collateral consequences of
users. The League also opposes efforts to
criminal records in a balanced manner
divert dedicated ARMER funds to the
that helps rehabilitated individuals
state’s general fund. The Legislature
succeed and ensures public safety and
should fund regional cooperation and
victim interests are met.
partnerships for effective delivery of 911
The interests of rehabilitated individuals
service, training and use of ARMER.
seeking expungement to live without the
The League also urges the FCC to
stigma of an arrest or conviction record
continue to support availability of wireless
should be balanced with the public’s
spectrum necessary to expand channel
interest in maintaining criminal histories
capacity that allows local public safety
for future criminal investigations and to
agencies to meet future needs of cities and
make safe hiring, rental, and other
other local units of government.
decisions about individuals. The state
should monitor the impacts of changes
SD-35. Collateral Consequences and
enacted in 2023 to expungement laws and
Expungements
the legislature should make changes as
Issue: Collateral consequences of criminal
necessary to balance the benefit to
records have been discussed at the federal
individuals in providing automatic
and state levels for many years. Collateral
expungements and the interests of the
consequences are adverse impacts on
public and public safety.
housing, employment, professional licensure,
SD-36. Criminal and Juvenile
immigration, etc. They can impact successful
Justice Information
reentry and rehabilitation of offenders.
In 2023, legislation was enacted that requires Issue: Criminal justice information
automatic expungement of certain records integration is about getting the right
information into the hands of the right people
from a person’s criminal history, replacing
the existing requirement that a person at the right time and in the right place to
Council Packet Page Number 221 of 430
J3, Attachment 2
make key decisions t To ensure compliance with the MGDPA,
hroughout the criminal
justice process. The integration of criminal comprehensive guidelines and operational
practices should be implemented to
justice information remains complex and
multifaceted. It takes time and resources from safeguard access to and use of criminal
all levels of government. Public safety is and juvenile justice data. However, data
compromised when there is a lack of practices policies should not create new,
centralized, complete, and accurate criminal unfunded mandates for local units of
history data about individuals, incidents, and government or compromise the usefulness
cases. of criminal and juvenile justice systems by
creating unnecessary barriers.
City officials are aware of the complex issues
raised by the utilization of electronic record
SD-37. Pawn Shop Regulation and
keeping, data sharing, and access to records
Use of the Automated Property
that identify data subjects. The League of
System (APS)
Minnesota Cities recognizes that one of the
Issue: Minn. Stat. ch. 325J enables licensure
ongoing challenges with the integration of
for pawnbrokers and provides statewide
criminal and juvenile justice information is
minimum regulations for the pawn industry.
meeting the requirements of the Minnesota
Government Data Practices Act (MGDPA).
Specifically, the law:
More than 500 cities operate police
a) Requires pawnbrokers to record all
departments. These departments vary
transactions, including details of the item
dramatically in fiscal capacity, staffing
pawned or sold, information about the
resources, and technical expertise. Further,
customer and the cost of the transaction.
each municipal law enforcement agency has
b) Requires pawnbrokers to maintain
unique operating procedures, strengths, and
records of all transactions for three years,
needs based on the community it serves. The
and to make records available upon
League knows the integration and security
request to law enforcement agencies.
access to criminal and juvenile justice
information systems has a significant impact
c) Allows pawnbrokers to charge a
on municipal police business practices.
maximum monthly interest rate of 3
percent of the principal amount loaned in
Response: The League of Minnesota Cities
a transaction, plus a reasonable fee for
supports continued efforts by the state to
storage and services.
integrate and make available criminal
justice information systems. This includes
The Automated Property System (APS) is a
efforts in key areas of funding, data
computerized system for tracking and
practices, collaborative relationships,
monitoring pawn transactions. The purpose
balancing privacy and public safety, and
of the APS is to provide a tool to verify
addressing aging systems. The League also
compliance with Minn. Stat. ch. 325J, to help
supports the Criminal and Juvenile Justice
identify and minimize illegal activity, to
Information Advisory Group, cooperation
recover stolen property, and to provide a
among legislators, law enforcement,
legitimate environment for consumers.
corrections agents, court officials,
Currently, almost 260 law enforcement
prosecutors, community groups, and
agencies and over 190 stores in Minnesota
businesses that build public support for
and Wisconsin participate in the APS system
criminal justice systems.
as either a “query only” or “contributing”
member.
Council Packet Page Number 222 of 430
J3, Attachment 2
All access to and us The League supports cooperation between
e of information in the
APS system is governed by the Minnesota law enforcement agencies and the pawn
industry that enhances the ability to
Data Practices Act. Only authorized users
have access to the data. There is no public identify illegal activity and recover stolen
access to the data. Further, data that would property. Access to transaction
reveal the identity of persons who are information by law enforcement agencies
customers of a licensed pawnbroker or is vital to accomplishing this goal. Further,
secondhand goods dealer are private data on the sharing of information through the use
individuals and only used for law of the APS is a proactive way to prevent
enforcement purposes. Data describing the property and other crimes.
property in a regulated transaction with a
SD-38. City Costs for Enforcing
licensed pawnbroker or secondhand goods
State and Local Laws
dealer is public.
Issue: Cities experience substantial costs
Original pawn and secondhand transactions
enforcing state and local laws, particularly
reported to the APS carry a $1 fee, regardless
those related to traffic, controlled substances,
of the number of items involved. All
and incarceration of prisoners. The current
subsequent updates or corrections to
method in our criminal justice system of
transactions are processed without charge.
recovering costs for law enforcement and
Contributing jurisdictions may also add
prosecution through fines is insufficient to
regulatory costs to the transaction fee. The
meet the costs incurred by local governments.
total transaction fee is then typically assessed
Further, when a violator requests relief from
by the dealer to the customer.
paying the full amount of the fine and
A bill that would weaken Minn. Stat. ch.
surcharge, the courts have been more inclined
325J and restrict the use of the APS has been
to waive the fine than to reduce the
introduced in the Minnesota Legislature.
surcharge. When this occurs, the local units
Specifically, the legislation would forbid law
of government recover no costs even though
enforcement agents from acquiring customer
the city has incurred expenses.
information from pawn and secondhand
Response: The Legislature should review
shops until they have probable cause to do so,
this issue and adopt measures that provide
and would eliminate the authority of local
for complete reimbursement of the costs
units of government to more strictly regulate
incurred by local governments in
pawn and secondhand dealers.
enforcing state and local laws. Solutions
Response: The League of Minnesota Cities
that should be considered include:
supports the authority of cities to regulate
a) Increasing fine amounts.
and license pawnbrokers, and opposes any
legislation that would remove the
b) Removing or modifying county and
authority of local governments to enact
state surcharges that conflict with cost
more restrictive regulations than currently
recovery principles.
exist in Minn. Stat. ch. 325J.
c) Requiring the courts to consider
The League supports the authority of cities
ordering restitution from the
to set licensing and transaction fees that
defendant to reimburse the costs of
enable them to recover their full
enforcement and prosecution as part of
regulatory and enforcement expenses.
any sentence.
Council Packet Page Number 223 of 430
J3, Attachment 2
d) Requiring thatmunicipal public safety departments, the
if a court reduces the
amount paid by a violator, any costs of providing emergency medical care
to individuals should be covered by
reduction should be made from the
surcharge and not the fine. insurance and not be borne exclusively by
the community’s taxpayers. Cities should
SD-39. Compensation and
have the authority to bill for the full cost
Reimbursement for Public Safety
of first responder medical services they
Services
provide and to collect on unpaid bills.
Insurance companies should be required
Issue: Municipal public safety personnel
to reimburse local governments for the full
often respond to emergencies involving non-
cost of providing these emergency medical
residents. For example, municipal fire,
services. Finally, auto and homeowner’s
police, and/or ambulance services may be
insurance policies should be required to
dispatched to the scene of a traffic accident
insure for the cost of emergency responses.
on an interstate highway involving victims
from other cities or states. Although cities
SD-40. Administrative Traffic
can bill for some public safety services they
Citations
provide to non-residents, they have limited
Issue: Cities have implemented
authority to collect on unpaid bills.
administrative enforcement programs for
Cities have also found that auto insurance
violations of local regulatory ordinances,
policies vary when it comes to coverage for
such as building codes, zoning codes, health
emergency responses. Insurance companies
codes, and public nuisance ordinances. This
of those responsible for accidents sometimes
use of administrative proceedings has kept
deny payment for fire service.
enforcement at the local level and reduced
pressure on over-burdened district court
Additionally, municipal public safety
systems.
personnel commonly respond to emergencies
that require the provision of medical services.
The Legislature has repeatedly increased the
The medical services provided by the city-
fine surcharge on district court cases to
employed first responders are part of a
generate revenues for the state’s general
continuum of health care that is covered by
fund. The surcharge—the amount paid over
insurance companies when provided by
and above the fine—is now $75 per citation.
paramedics and other medical care providers;
The growth in the surcharge has dramatically
however, insurance policies vary when it
increased the cost of citations and has caused
comes to coverage for municipally provided
some to question whether the total of the fine
medical services. Insurance companies of
and surcharge is disproportionate for minor
those treated by municipal public safety
matters. To lower the amount imposed on
personnel frequently deny payment for
their residents, a number of cities have
emergency medical services when they are
expanded their administrative programs to
billed by a municipality.
include some offenses traditionally heard in
district court, such as minor traffic offenses.
Thus, when a municipal public safety agency
provides first response medical assistance,
The increased state surcharges have not been
they commonly do so at the expense of local
used to assist local units of government with
property taxpayers.
the growing costs of enforcement and
prosecution. No matter which entity—city,
Response: While emergency medical
county or state—issues a statutory citation,
responses are legitimate functions of
Council Packet Page Number 224 of 430
J3, Attachment 2
the violator pays bet
ween $115 and $127 for awaiting transfer to a county jail or juvenile
a minor speeding violation. Of this amount, detention facility. In 2012, the Minnesota
the city receives between $13 and $20, and Department of Corrections (DOC) issued a
the county receives just slightly more. reinterpretation of an existing law to say that,
“\[W\]here counties have secure juvenile
Further, when a violator requests relief from
correctional facilities…juveniles are not
paying the full amount of the fine and
allowed to be held in jail and/or municipal
surcharge, the courts have been more inclined
lock-ups for any length of time.”
to waive the fine than to reduce the
surcharge. When this occurs, the local units This interpretation is in conflict with a
of government recover no costs even though provision in Minn. Stat. § 260B.181, subd. 4,
the city has incurred expenses. which provides that juveniles can be held in a
licensed juvenile facility for up to six hours.
In 2009, the Legislature amended the statutes
Many municipal jails, including those in
to allow administrative fines to be issued for
counties where juvenile detention facilities
certain minor traffic offenses. Cities report
exist, have been operating under the six-hour
that the short list of offenses noted in that law
holding law.
change does not adequately address the needs
of local law enforcement. Additional Managers of municipal jails indicate the
authority is necessary to allow law reinterpretation of the law is contrary to
enforcement officers to implement an common practice and presents significant
effective program to reduce violations. challenges for municipal law enforcement
personnel.
Response: The League of Minnesota Cities
continues to support the use of city Response:The League of Minnesota Cities
administrative fines for local regulatory supports a statutory clarification that
ordinances, such as building codes, zoning would allow juveniles to be held for
codes, health codes, public nuisance questioning and booking in licensed jail
ordinances and regulatory matters that facilities for up to six hours, regardless of
are not duplicative of misdemeanor or whether the county has a juvenile
higher level state traffic and criminal detention facility.
offenses. Cities should have the authority
SD-42. Justice System Funding
to issue administrative citations for low-
level moving and equipment violations
Issue: Over the past several years,
that: 1) would otherwise result in
Minnesota’s justice system has operated
warnings, and 2) occur on roadways where
under consecutive budget shortfalls. Public
the speed limit is 45 miles per hour or less.
service windows are closed part of each week
in many courthouses. Delays in case filings,
If state leaders choose not to expand the
hearings and dispositions are building
list of administrative traffic offenses, they
throughout the state as staff and judges
should then change the distribution of
struggle to keep up with caseloads. The
statutory violation fine revenues so that
budget shortfalls limit the ability of the courts
cities are adequately compensated for
to process cases pertaining to shoplifting,
enforcement and prosecution costs.
trespassing, worthless checks, traffic and
SD-41. Juveniles in Municipal Jails
ordinance violations, juvenile truancy,
runaways and underage drinking, consumer
Issue: Municipal jails have long served as
credit disputes, property-related and small
holding facilities for suspects who are being
civil claims, and many other cases. Timely
questioned and/or booked, and for those
Council Packet Page Number 225 of 430
J3, Attachment 2
processing of te) Training and Education; and
hese cases is critical to
keeping communities safe and to preserving
f) Officer Safety and Wellness.
the quality of life residents expect.
Many Minnesota communities have
The State Court Administrator has advocated
st
embraced 21 Century Policing concepts, and
for statutory changes that have resulted in
municipal police departments throughout the
efficiencies and cost savings while preserving
state have adopted policies that align with
core services. These changes involve
st
21
Century Policing principles. The
consolidating services where practicable and
Legislature and governor made progress
using technology to reduce costs. They
st
toward advancing 21 Century Policing
include centralized payable processing, use
principles statewide by enacting the 2020
of e-citations and restructuring of state
Police Accountability Act.
mandated programs.
In Minnesota, police chiefs have indicated
Response: The League of Minnesota Cities
strong interest in securing additional training
supports a statement by former Chief
st
in 21 Century Policing practices for officers.
Justice Eric J. Magnuson that calls for “an
Demand for training has increased in recent
adequately funded, functioning justice
years, and in 2017 the Legislature responded
system that resolves disputes promptly in
by increasing continuing education
order to ensure the rule of law, protect
requirements for officers, expanding the
public safety and individual rights and
scope of this training to include more
promote a civil society.” The League
community policing, and by providing $6
supports the use of technology to reduce
million per year for training reimbursement
costs and preserve services. The League
provided by the Peace Officer Standards and
opposes any changes that would
Training (POST) Board. This funding is not
decriminalize local ordinances, petty
permanent and sunsets in 2024.
misdemeanors or misdemeanor offenses,
The POST Board is funded through a special
or that would make prosecution of these
revenue account from a surcharge on
crimes more difficult.
criminal and traffic convictions. However, a
st
SD-43. 21 Century Policing
significant amount of the special revenues
collected are diverted to the state’s general
Issue: Published in May 2015, the
fund and are not made available for training
President's Task Force on 21st Century
reimbursement, and the amount of the
Policing Report makes multiple
surcharge paid to the state has been
recommendations aimed at helping law
declining. There is also growing concern
enforcement agencies and communities
about the impact of the surcharge on
strengthen trust and collaboration, while
residents, particularly those of low income
reducing crime by implementing the next
and persons of color, and concern about
phase of community-focused policing. The
funding policy training based on ticket
report contains recommendations related to
revenue.
six key areas of law enforcement:
Response: The League of Minnesota Cities
a)Building Trust and Legitimacy;
recognizes the need for communities and
b) Policy and Oversight;
law enforcement agencies to strengthen
trust and collaboration, while continuing
c)Technology and Social Media;
to reduce crime. The League supports the
d) Community Policing and Crime
recommendations of the President’s Task
Reduction;
Council Packet Page Number 226 of 430
J3, Attachment 2
Force on 21st Cent
ury Policing Report as
SD-44. Post-Incarceration Living
well as the training, policy and
Facilities
accountability provisions contained in the
Issue: Sufficient funding and oversight is
2020 Police Accountability Act. To that
needed to ensure that residents living in post-
end, the League supports:
incarceration living facilities have
a) POST Board model policies that align
appropriate care and supervision, and that
with the recommendations of the
neighborhoods are not disproportionately
President’s Task Force on 21st
impacted by high concentrations of these
Century Policing Report and the 2020
types of facilities. Under current law,
Police Accountability Act;
operators of certain post-incarceration living
facilities are not required to notify cities
b) POST Board approved training
when they intend to purchase single family
opportunities for new recruits and in-
housing for these purposes. Cities do not
service peace officers that include but
have authority to regulate the locations of
are not limited to procedural justice,
post-incarceration living facilities. Cities
bias/implicit bias and cultural
have reasonable concerns about the safety of
awareness, de-escalation, and crisis
facility residents and neighborhoods,
intervention training;
particularly in cases of public safety. Cities
c)Increased state and federal funding for
also have an interest in preserving a balance
peace officer training that includes
in residential neighborhoods between this
reimbursement for tuition, travel, time
type of facilities and other uses. It is in the
and backfilling the shifts of officers
best interest of providers to inform and work
who are out for training;
with cities before opening a facility in order
d) Permanent funding for police training
to educate providers of community standards
that is not based on criminal and
and expectations.
traffic ticket revenue;
Response: Cities should have statutory
e)State and federal funding for peace
authority to require agencies, as well as
officer safety and wellness initiatives;
licensed and registered providers, that
operate post-incarceration living facilities
f) State policies, training and funding
to notify the city before properties are
that support co-responder programs to
operated. Cities should be provided with
enhance the safety and effectiveness of
the necessary contact information once
responses involving people with mental
licensed or registered. Providers applying
illnesses;
to operate post-incarceration living
g) State policies, training and funding
facilities should be required to contact the
that support non-traditional
city to be informed of applicable local
community based public safety
regulations. The Legislature should also
programs; and
require establishment of non-
concentration standards for post-
h) Authority and grants for municipal
incarceration living facilities to prevent
police departments to deploy
clustering. Finally, licensing or registering
technologies such as dash cameras and
authorities must be responsible for
police body worn cameras that
removing any residents incapable of living
enhance both criminal justice and
in such an environment, particularly if
officer accountability.
Council Packet Page Number 227 of 430
J3, Attachment 2
they become a dangstrengthen state and local capabilities. The
er to themselves or
others. League supports the inclusion of funding
to evaluate state government cyber
SD-45. Cybersecurity
vulnerabilities, single points of failure, and
fixes, and, based on those findings, create
Issue: Dating back to at least 2012, U.S.
an ability for municipal governments to
Defense Secretaries have warned that the
apply for grant funding or assistance to
United States are increasingly vulnerable to
help conduct the same evaluation.
foreign computer hackers who could
Additionally, state and federal
dismantle the nation’s power grid,
policymakers should:
transportation system, financial networks and
government. On a state level, the Governor’s
a) Seek municipal government input on
Task Force on Broadband issued
any direction of state or federal
recommendations regarding cybersecurity in
funding that seeks to address
their 2016, 2017, and 2018 annual reports.
cybersecurity preparedness and
After consistent recommendation by the
response and ensure city government
Broadband Task Force, a Legislative
participation in any task force or
Commission on Cybersecurity was
planning committee tasked with
established in 2021 to provide oversight of
directing funding priorities for local
the state’s cybersecurity measures and review
government cybersecurity efforts;
and make policy recommendations to state
b) Ensure that any grant program
agencies and the legislature to strengthen the
administered by Minnesota IT
state’s cybersecurity infrastructure.
balances the unique needs of smaller
However, many of the commission and task
less-resourced cities and larger cities
force recommendations have not yet been
and base cybersecurity funding
implemented, which creates cybersecurity
opportunities on locally identified
vulnerabilities especially at the local level as
needs; and
many communities lack the necessary tools
and capabilities needed to protect their
c) Avoid unfunded mandates related to
systems. The problem is serious. Each month
data notification breaches by ensuring
Minnesota IT Services defends against
proactive discussions with lawmakers
roughly 27,000 phishing emails and
and state leaders regarding
messages across all state agencies and several
cybersecurity awareness, prevention,
cities and counties have been recent targets of
remediation and breach notification
ransomware attacks as local governments
SD-46. Legalization of Fireworks
continue to remain particularly vulnerable to
cyberattacks. The passage of the federal
Issue: In 2002, the state enacted a law
Infrastructure Investment and Jobs Act of
allowing the sale and use of non-aerial, non-
2021 provided additional federal resources to
explosive consumer fireworks, including
Minnesota to better prepare the state’s
sparklers, party poppers, snakes, and other
preparedness and response to future
novelty items—relaxing the ban on consumer
cyberattacks. However, even with additional
fireworks in place in Minnesota since 1941.
federal resources, many cities across the state
In 2008, the Legislature further relaxed the
remain vulnerable to cyberattack and are in
ban by increasing the amount of explosive
need of hardware and software support.
material allowed in legal fireworks.
Response: The League of Minnesota Cities
Local fire service professionals have reported
supports state action to identify and
that consumers and law enforcement
Council Packet Page Number 228 of 430
J3, Attachment 2
personnel have had dif consumer fireworks. The League supports
ficulty distinguishing
between legal and illegal fireworks, and that a repeal of the 2002 law that relaxes the
ban on the sale and use of consumer
the 2002 law resulted in greater use in
Minnesota of illegal fireworks purchased in fireworks.
other states.
Fees are needed to cover the costs
According to data provided by the Minnesota associated with compliance checks,
State Fire Marshal Division, injury trends education, and inspections relating to the
and dollar losses related to fireworks sale of a regulated product. The current
incidents surged after the consumer fireworks fee caps do not allow cities to recover these
ban was lifted. Hospital reports reveal that costs. The League supports allowing cities
the annual number of injuries caused by to establish and impose reasonable fees on
fireworks rose dramatically in 2002 and retailers that sell fireworks. The League
remains elevated. Likewise, Minnesota Fire opposes restrictions on requiring
Incident Reporting System records show that fireworks retailers to purchase additional
the annual dollar loss resulting from liability insurance. Finally, the League
fireworks incidents increased significantly in seeks repeal of the NFPA reference.
2002 and has since grown.
SD-47. Traffic Enforcement
In 2003, the state enacted a number of
Cameras
provisions limiting local authority pertaining
Issue: Drivers who disobey traffic laws can
to fireworks sales. The 2003 law caps the
cause serious traffic accidents and contribute
allowable municipal permit fee at $100 per
to gridlock. In spite of the severity of this
vendor selling fireworks with other products,
problem, cities cannot always afford the
and $350 per vendor selling fireworks
levels of peace officer enforcement that
exclusively. The law restricts cities from
residents demand. The technology exists to
requiring fireworks sellers to purchase
enforce traffic laws with photographic
additional liability insurance. Finally, the
evidence. For example, there is less running
2003 law states that cities cannot prohibit or
of red lights when motions imaging recording
restrict the display of consumer fireworks if
systems (MIRS) are installed at traffic
the display and structure comply with
signals.
National Fire Protection Association (NFPA)
Standard 1124. The NFPA is a private
Response:Local law enforcement agencies
international association of individuals and
should have the express authority to use
trade and professional organizations. (NFPA
photo enforcement technology to enforce
Standard 1124 is not a public document and
traffic laws. Sworn and non-sworn local
is available only for a fee.)
law enforcement officers should have the
express authority to issue citations for
Fireworks products can cause serious injuries
traffic violations by mail where the
and fire loss. The legal sale of consumer
violation is detected with photographic
fireworks undermines fire prevention efforts.
evidence.
The sale and use of consumer fireworks
increase local public safety enforcement,
SD-48. Operation of Motorized Foot
emergency response, and fire-suppression
Scooters
costs.
Issue: Current state statute (Minn. Stat. §
Response: The League of Minnesota Cities
169.225) regulates the operation of motorized
opposes legislation that would further
foot scooters and treats motorized foot
relax the ban on the sale and use of
Council Packet Page Number 229 of 430
J3, Attachment 2
scooters similar toMinn. Stat. § 169.011, subd. 27, with
bicycles in terms of rights
and duties. By statutory definition (Minn. maximum capable speeds up to 28 miles per
hour similarly to bicycles in terms of rights
Stat. § 169.011, subd. 46), motorized foot
scooters must be powered by an engine or and duties. The law provides limited local
motor that is limited to a maximum speed of control and prohibits any person under the
15 miles per hour. The law provides that an age of 15 from operating them. Conversely,
operator must be 12 years of age or older. Minn. Stat. § 169.223 and 171.02, subd. 3,
Although the law contains safety provisions, require a driver’s license or motorized
including a requirement that operators under bicycle permit to operate motorized bicycles,
the age of 18 must wear helmets, it does not which are defined in in Minn. Stat. §
require training or permits for operators of 169.011, subd. 45, as having maximum
any age. capable speeds of 30 miles per hour.
Motorized foot scooters that are part of With the advancements in ebike technology
organized sharing or rental businesses rely on to provide similar maximum speeds as
the ability to park in the public right-of-way, motorized bicycles the differences between
especially onpublic sidewalks, to facilitate the two are semantic and there is no public
customer access and vending. Cities have safety difference with their similar urban
express authority to regulate parking on city road speed capabilities.
streets and sidewalks. Local government
Response:The League of Minnesota Cities
units should also have clear authority to
supports modifying state statute to include
regulate or proscribe unauthorized use of city
the same driver’s license or motorized
right-of-way for motorized foot scooter
bicycle/electric assisted bicycle permit for
parking, to require a permit or license for
ebikes as it currently does for motorized
each scooter or sharing company, and to
bicycles. The required permit training
include terms and conditions dictated by the
should advance ebike rider safety. Ebike
granting authority.
riders under 18 should be required to
In order to protect public health, safety and wear protective headgear just as is
welfare, it is important that cities have clear currently required for motorized bicycle
authority to regulate motorized foot scooter riders. The minimum age for both ebike
parking and sharing options. and motorized bicycle operation should
remain 15 years old. No passengers should
Response:State law should support the
be allowed on an ebike unless it was
ability of local governments to regulate or
originally designed to safely carry more
proscribe unauthorized use of city right-
than one rider. Providing law officers with
of-way for motorized foot scooter parking,
better options for reasonable suspicion
to require a permit or license authorizing
stops and violation citations will help to
motorized foot scooter parking or sharing
prevent accidents and tragedies.
in the public right-of-way, and to impose
terms, conditions, and local rules on
SD-50. Copper Wire Theft
businesses seeking such a permit or
Prevention
license.
Issue: The high cost of copper has led to an
SD-49. Operation of Electric
increase in copper wire thefts from private
Assisted Bicycles
property as well as streetlights, signal lights
and other public infrastructure. Stolen copper
Issue: Minn. Stat. § 169.222 treats electric
wire is sold to businesses that profit from
assisted bicycles, or ebikes, as defined in
Council Packet Page Number 230 of 430
J3, Attachment 2
selling recycled mprobation officers, law enforcement,
etal. Copper wire thefts
compromise public safety by disabling educational and vocational experts,
community leaders and others), whose roles
streetlights and traffic signals. The cost to
repair and replace infrastructure damaged by have been substantially modified, but not
copper wire thefts is borne by taxpayers. relinquished, in the interest of helping
defendants deal with addiction.
Response:The League of Minnesota Cities
supports efforts to curtail the theft of Response: The League of Minnesota Cities
copper wire from public infrastructure supports the efforts of drug courts to
and private property. The League address substance abuse and reduce crime.
supports increasing penalties for copper The League supports funding for
wire theft that results in damage to public additional drug courts.
property and calls for statutory changes
SD-52. Drug Paraphernalia
that prevent metal recycling businesses
from purchasing and reselling stolen
Issue: In 2023 the legislature modified
copper.
several provisions pertaining to the sale and
possession of drug paraphernalia. As a result,
SD-51. Drug Courts
under current state statutes it is not a crime to
Issue:The League of Minnesota Cities sell or possess drug paraphernalia, and
recognizes the impact of substance abuse on possession of drug paraphernalia containing a
individuals, communities and taxpayers. residual amount of one or more mixtures of
According to the National Council on controlled substances is exempted from the
Alcoholism and Drug Dependence, the definition of drug possession. The definition
relationship between alcohol and drugs and of “drug paraphernalia” does not include
crimes--including domestic abuse and hypodermic syringes or needles or any
violence, underage drinking, robbery, assault instrument or implement which can be
and sexual assault--is clearly documented. adapted for subcutaneous injection. The laws
The National Center on Addiction and pertaining to the sale of drug paraphernalia
Substance Abuse reports 65 percent of the conflict with some previously adopted local
nation’s inmates meet certain medical criteria ordinances, and the decriminalization of
for substance abuse and addiction, but only possession of drug paraphernalia may create
11 percent received treatment for their unintended consequences for law
addictions. enforcement.
Drug courts are an effective problem-solving Response:The League of Minnesota Cities
approach for dealing with alcohol and other supports a requirement for the
drug addicted offenders in the judicial Department of Public Safety to collect data
system. Drug courts closely monitor the during the implementation of the 2023
defendant's progress toward sobriety and changes to drug paraphernalia laws. If the
recovery through ongoing treatment, frequent laws are shown to have unintended public
drug testing, regular mandatory check-in safety consequences, the League supports
court appearances, and the use of a range of passage of legislation that would limit the
immediate sanctions and incentives to foster sale and possession of drug paraphernalia.
behavior change.
In drug court, judges collaborate with other
traditional court participants (prosecutors,
defense counsel, treatment providers,
Council Packet Page Number 231 of 430
J3, Attachment 2
different city. Without any sort of statewide
SD-53. Regulation of Massage
database of these businesses, one city’s
Therapists
solution may become another city’s problem.
Issue:The state does not currently license
Additionally, local law enforcement agencies
nor register massage therapists. Minn. Stat.
do not have access to national criminal
ch. 146A is the Complementary and
history data. This has allowed those with
Alternative Health Care Practices Act which
criminal convictions in other states related to
identifies prohibited provider conduct and
sex trafficking and prostitution to obtain
authorizes the Minnesota Department of
massage therapy business and/or professional
Health to take disciplinary action against
licenses in cities in Minnesota. Allowing
noncompliant providers who are not
access to this information could help cities
registered or licensed by a health-related
prevent sex trafficking across state lines.
licensing board. The office has authority to
respond to allegations of prohibited behavior
Response: The League of Minnesota Cities
through an investigatory process but this
supports the statewide registrationor
function is triggered mainly by consumer
licensure of massage therapists that would
complaints and there is no requirement that
not pre-empt the ability of cities to
the office take any action. Additionally,
regulate massage therapy establishments.
resources for these purposes have been
The League also supports legislation
severely limited.
pertaining to the practice of massage
therapy that accomplishes the following:
In absence of any required statewide
standards or regulation, several cities have
a) Helps cities establish legitimacy of
entered the traditional state domain of health-
providers and businesses applying for
care licensure by enacting ordinances that
a local license to practice, including
require all massage therapists to obtain a
allowing local law enforcement
local professional license and many cities
agencies access to national criminal
have also required bricks and mortar
history databases.
establishments to obtain a business license.
b) Prevents individuals from conducting
These ordinances help local law enforcement
criminal activities suchas prostitution
officers to differentiate between legitimate
and sex trafficking out of
providers and businesses engaged in sex
establishments operating as massage
trafficking and prostitution as well as provide
therapy facilities.
for health and sanitation standards.
c) Improves provider compliance with
City staff and law enforcement have spent
Minn. Stat. ch. 146A and requires the
much time and resources conducting
state to take action in response to
statewide criminal background checks;
noncompliance.
investigating massage therapist accreditation
d) Protects the public from injury and
programs to determine legitimacy and
from other conditions that may result
credibility; and inspecting and monitoring
in harm.
establishments due to resident complaints and
concerns. This has resulted in different
procedures, requirements and fee structures
across the state. Despite the thorough work of
city staff and law enforcement, when an
illegitimate business suspects investigation, it
will often close down and re-open in a
Council Packet Page Number 232 of 430
J3, Attachment 2
interim ordinance study should better align
SD-54. Regulation of Adult-Use
with the establishment of rules for the new
Cannabis and Cannabinoid
law to allow cities to properly study the issue.
Products
Many questions remain for what is to be seen
Issue: The 2023 legislative session enacted
from the Office of Cannabis Management
rd
legislation making Minnesota the 23state
and the cannabis industry as it is established.
across the country to legalize adult-use
Cities will be a critical component of the
cannabis. The new law, ch. 342, created a
regulation and enforcement of this industry.
statewide regulatory framework for adult-use
Response: In any future legislation, the
cannabis establishing state-issued licenses for
following should be considered:
the industry from seed to sale. The law also
expunged certain prior convictions related to
a) The timeline authorized for interim
cannabis, implemented a tax on cannabis and
ordinances to conduct studies on the
cannabinoid products including a Local
adult-use cannabis industry should be
Government Cannabis Aid fund, and updated
extended to better align with the
criminal penalties related to cannabis.
conclusion of rulemaking for ch. 342 to
provide adequate time for cities to
The regulatory structure includes local
study the rules once adopted.
regulation, with cities responsible for
registering certain cannabis businesses that
b) Any legislation considered should be
are licensed by the state and conducting
responsive to the needs of cities as they
compliance checks. The law requires
arise from the implementation of this
businesses to comply with local zoning
industry, including evaluating and
ordinances, authorizes cities to implement
potentially increasing the
license limits, and authorizes cities to
appropriation provided through the
implement ordinances to establish a petty
Local Government Cannabis Aid fund
misdemeanor for public use of cannabis and
to ensure adequate funding for local
cannabinoid products. These authorizations
governments to respond to challenges
aside, cities have very limited discretion in
resulting from the cannabis industry.
the regulation of the industry.
c) Legislation should increase, and at a
In addition to the adult-use cannabis market,
minimum maintain, any discretion and
cities continue to navigate the regulation of
local control granted to cities in
cannabinoid products legalized by the 2022
current legislation.
legislative session under chapter. § 151.72.
d) The League opposes any proposals to
As the Office of Cannabis Management is
diminish local control related to the
created and rulemaking is conducted, cities
cannabis industry.
have continued to implement local licenses
for the products.
SD-55. Lawful Gambling and Local
Finally, the new law authorizes cities to
Control
impose an interim ordinance to study the
Issue: As part of the 2009 reforms to lawful
issue and restrict, regulate, and prohibit
gambling statutes, some local control was
cannabis businesses until January 1, 2025.
removed from the lawful gambling process.
However, estimates from state agencies and
Previously, the lawful gambling licensee
the rulemaking timeline established by law
would have to obtain the city council’s
indicates that final rules will not be available
approval as part of its application to renew
until early 2025. The authority to conduct an
the organization’s premises permit (some
Council Packet Page Number 233 of 430
J3, Attachment 2
forms of lawful gone occurrence, and $100,000 for other
ambling require obtaining
an organizational license and a premises pecuniary loss of two or more persons in any
one occurrence. These limits have not been
permit(s) from the state). This step was
removed when the state established a updated since at least 1985 and would
perpetual organizational license and premises provide very little relief to persons impacted
permitting system. Because these licenses by an intoxicated person. While cities can
and permits are issued by the state, under the choose to require higher limits of liability
current system a city’s authority over these than required by statute, it may create
licensees is limited to: 1) approval of the competitive imbalance between communities
initial premises permit; and 2) enforcement if the limits are not consistent.
of the city’s lawful gambling ordinance.
Response: The minimum limits in Minn.
Some city officials have concerns that
Stat. § 340A.409 should be increased to
gambling organizations will be more apt to
$500,000 per occurrence with a $500,000
ignore local regulations (such as spending the
annual aggregate.
required percentage of lawful gambling
expenditures in the city’s trade area) if they
SD-57. On-Sale Liquor or Wine
don’t need the city’s approval for the renewal
Licenses
of their state-issued premises permits.
Issue: Minn. Stat. § 340A.404 defines the
Response:The licensee should be required
establishments to which a city may issue an
to obtain local approval on an annual
on-sale intoxicating liquor license. Every
basis, or at longer intervals as determined
year cities see local businesses and
by the city, and file the resolution of local
organizations with innovative models for
approval with the Gambling Control
event centers, food halls, arenas, boutiques,
Board.
museums, art spaces, and cultural or
community centers that are not clearly named
SD-56. Liquor Liability Insurance
in this statute but would like to obtain a
Limits
liquor license. Several cities have received
Issue: Minn. Stat. § 340A.409 requires that special legislation allowing their
“no retail license may be issued, maintained municipalities to issue on-sale liquor or wine
or renewed unless the applicant demonstrates licenses to these types of entities. However,
proof of financial responsibility with regard this process interferes with the ability of
to liability imposed by Minn. Stat. § municipalities to respond expeditiously to
340A.801” relating to the sale of alcoholic innovative business models, control the
beverages. The minimum limits of liability placement and operating manner of these
currently in statute require $50,000 of entities, and limits municipalities from
coverage because of bodily injury to any one providing licenses for businesses that would
person in any one occurrence, $100,000 generate local tourism and revenue.
because of bodily injury to two or more
Response:The Legislature should
persons in any one occurrence, $10,000
modernize and expand the list of
because of injury to or destruction of
establishments in Minn. Stat. § 340A.404
property of others in any one occurrence,
to which municipalities are authorized to
$50,000 for loss of means of support of any
issue on-sale liquor or wine licenses,
one person in any one occurrence, $100,000
subject to restrictions imposed by the
for loss of means of support of two or more
municipality, to allow for innovative
persons in any one occurrence, $50,000 for
other pecuniary loss of any one person in any
Council Packet Page Number 234 of 430
J3, Attachment 2
business models
and economic impact to the business pursuing the original
development within their jurisdiction.license.
Additionally, if a business applies for an on-
SD-58. Liquor Licensing of Non-
sale wine license, the state may choose to
Contiguous Spaces
conduct an inspection of the business further
Issue: During the COVID-19 outbreak,
delaying approval of the license and full
restaurants and bars were able to open at
operation of the establishment. This
limited capacity for in-person service with
inspection is often in addition to a city
spacing requirements between tables both
certificate of occupancy inspection and a
inside and outside. To provide opportunities
county health inspection.
for businesses to open and serve the public,
Response: The Legislature should remove
many cities allowed for non-contiguous
the requirement of approval by the
spacing of tables outside despite
commissioner for city-issued liquor
requirements outlined in Minn. Stat. §
licenses and simply require cities to notify
340A.410, subd 7. This allowed customers to
the state of newly issued and renewed
go to restaurants and bars and remain outside,
licenses as is already the case for
which had been deemed preferable to dining
intoxicating on-sale liquor licenses and all
indoors in mitigating the risk of exposure to
3.2-liquor licenses. If the state requires an
the virus. This model proved to be successful
inspection to certify an on-sale wine
for many businesses and enjoyed by
license, this should be delegated to either
residents. Cities would like to respond to
the city or county to be conducted at the
customer and business expectations and
same time as other inspections. This will
continue being authorized to issue licenses to
expedite the process for both the state and
non-contiguous spaces.
the business.
Response: The increased flexibility during
SD-60. Youth Access to Alcohol and
the COVID-19 pandemic allowed
Tobacco
businesses and cities to partner in response
to the pandemic and city residents have
Issue: To promote public safety and public
enjoyed increased seating options. The
health, cities have an interest in preventing
League of Minnesota Cities supports
youth from obtaining alcohol and tobacco.
amending Minn. Stat. § 340A.410 to allow
For example, the Minnesota Department of
for licensing of spaces that are not
Health reports that 80 percent of adult
compact and contiguous during and after
smokers had their first cigarette before the
the pandemic.
age of 18; reducing youth tobacco use may
help prevent adverse impacts of tobacco in
SD-59. Wine and Off-Sale Licenses
the future. To this end, many cities operate
Issue: Minn. Stat. ch. 340A authorizes cities
compliance check programs in an effort to
to issue liquor licenses to various
discern the current level of youth access and
establishments within their jurisdictions, but
to reduce youth access. Statewide, a number
in virtually all cases, the license issued by the
of cities have created community
city is not valid until the state approves it.
partnerships with their court systems, local
This is true for such commonly issued
businesses, and school districts to quickly
licenses as wine, off-sale intoxicating liquor
address problems associated with youth
and temporary on-sale intoxicating liquor
access to alcohol and tobacco.
licenses. The result is extra time spent for
city staff, as well as a time-based commercial
Council Packet Page Number 235 of 430
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Response:The Lea Response: The League of Minnesota Cities
gue of Minnesota Cities
opposes any proposal that could result in seeks statewide legislation that would
protect consumer small loan borrowers
increased risks of youth access to alcohol
and tobacco products and supports against predatory lending practices. Also,
statutory changes that assist in reducing cities should have explicit authority to
youth access to alcohol and tobacco regulate consumer small loan conditions
products. The League supports locally-including the ability to cap finance charges
determined alcohol compliance check and interest rates.
programs, but any state mandate for
SD-62. Regulation of Mobile
alcohol compliance checks should come
Businesses
with state-supported funding initiatives to
support these locally-determined
Issue: The transient nature of mobile
compliance efforts. The Legislature should
businesses presents unique challenges to
consider a grant program supporting
traditional city zoning and permitting and
locally-based community partnerships that
may create an unfair competitive advantage
can quickly and effectively respond to
over traditional businesses that pay property
youth access problems.
taxes and generate income for a city. Cities
also make significant investments in the
SD-61. Consumer Small Loans
development of retail districts and
Issue: Consumer small loans, also known as
downtowns and have a strong interest in
“payday loans,” are short-term cash loans
maintaining a level playing field for brick
based on the borrower's personal check held
and mortar establishments.
for future deposit or on electronic access to
Minnesota has seen a sharp increase in the
the borrower's bank account. Borrowers write
number of food trucks (Mobile Food Units)
a personal check for the amount borrowed
operating throughout the state. Food trucks
plus the finance charge and receive cash. In
are licensed as food and beverage service
some cases, borrowers sign over electronic
establishments by the Minnesota Department
access to their bank accounts to receive and
of Health (MDH) or by local jurisdictions
repay payday loans. Lenders hold the checks
pursuant to an MDH delegation agreement.
until the borrower’s next payday when loans
Food trucks are prohibited from operating in
and the finance charge must be paid in one
the same location for more than 21 days
lump sum.
without approval of the regulatory authority.
Consumer small loans are typically predatory
In 2015, the Legislature authorized the Board
in nature. According to Debt.org, an
of Cosmetologist Examiners to adopt rules
organization dedicated to helping consumers
governing the licensure, operation and
understand and overcome debt, predatory
inspection of “Mobile Salons” which are
lenders typically target minorities, the poor,
operated in a mobile vehicle or mobile
the elderly and the less educated. They also
structure for exclusive use to offer personal
prey on people who need immediate cash for
services defined in Minn. Stat. § 155A.23,
emergencies such as paying medical bills,
subd. 3. The rules must prohibit mobile
making a home repair or car payment. These
salons from violating reasonable municipal
lenders also target borrowers that do not
restrictions on time and place of operation of
qualify for conventional loans or lines of
a mobile salon within its jurisdiction, and
credit due to credit problems or
shall establish penalties, up to and including
unemployment.
Council Packet Page Number 236 of 430
J3, Attachment 2
revocation of a linspection personnel once every three years
icense, for repeated
violations of municipal laws. (or annually if the hull is made of wood).
The vessels must also be operated by a
Response: It is appropriate for mobile
licensed master and must follow all
businesses to be licensed by the state or its
Minnesota Dept. of Natural Resources’
designees in the same manner as non-
boating and water recreation regulations.
mobile business establishments. Such state
regulation must not preempt the ability of Party buses and boats-for-hire are sometimes
local governments to enact reasonable time chartered for celebrations such as weddings,
and place restrictions on the operation of proms, bachelor and bachelorette parties,
mobile businesses within their birthdays and tours. Party buses are also
jurisdictions.popular for round trips to casinos and
sporting events, and personalized drop-offs
SD-63. Regulation of Party Buses
and pick-ups at various bars and nightclubs.
and Boats-for-Hire
Additionally, both party buses and boats-for-
hire have become popular settings for adult
Issue: A party bus (also known as a party
entertainment.
ride, limo bus, limousine bus, party van, or
luxury bus) is a large motor vehicle usually
Cities have seen a sharp increase in the
derived from a conventional (school) bus or
number of party buses and boats-for-hire
coach, but modified and designed to carry 8
being used as venues for illegal activities
or more people for recreational purposes. In
such as underage drinking, drug use and sex
Minnesota, these vehicles are regulated by
trafficking. The transient nature of party
default under Minn. Stat. ch. 221 (the chapter
buses and boats-for-hire presents unique
of law dealing with motor carriers) and
challenges to traditional city zoning,
registered by the Minnesota Dept. of
permitting and law enforcement. While state
Transportation’s (MnDOT’s) Office of
laws regulate requirements for the operation
Freight and Commercial Vehicle Operations.
of party buses and boats-for-hire, the law is
The regulations require operators to carry
silent on enforcement, penalties, inspection
commercial insurance, have an annual
and liability related to illegal activities that
vehicle inspection and be registered with the
occur in party buses and on boats-for-hire.
state. Party bus drivers are required to hold a
Response: The League of Minnesota Cities
current commercial driver’s license (CDL)
supports changes to state statutes that
issued through the Minnesota Dept. of Public
would help reduce criminal activities
Safety’s Driver and Vehicle Services
taking place on party buses and boats-for-
Division.
hire. Specifically, the League supports:
A boat-for-hire is a watercraft used by
a) Creation of statutory definitions of
owners and operators to carry passengers for
“party bus” and “boat-for-hire” that
hire. Minn. Stat. § 326B.94 and Minn. Rules
contain permissible uses of the
5225.6000 through 5225.7200 govern the
vehicles;
requirements of boat owners and operators
carrying passengers for hire on Minnesota’s
b) Prohibition on offering or allowing
inland waters. These vessels must have a
“adult entertainment” as defined by
permit to carry passengers for hire. They
Minn. Stat. § 617.242, “sexual
must have an annual safety inspection and a
conduct” as defined by Minn. Stat. §
dry-dock inspection performed by Minnesota
617.241, or “nudity” as defined by
Department of Labor and Industry boiler
Council Packet Page Number 237 of 430
J3, Attachment 2
Minn. Stat. § 617.292, subd existence, attainability or cost of existing
. 3, on party
buses and boats-for-hire;programs and standards.
b) Regulatory bodies fail to consistently use
c) Explicit authority for peace officers to
investigate suspicious activities on the best science available and the most
party buses and boats-for-hire and to current and accurate data when
cite individuals on board who are establishing water quality standards.
involved in illegal activities; and
c) Regulatory bodies impose new permit
d) Requiring the appropriate authority to requirements without going through
utilize existing authority to impose rulemaking. Instead, the agencies rely on
fines, or to deny, suspend, or revoke internal documents, program strategies,
permits or registration certificates held and “best professional judgment of staff”
by operators found to have adult when setting permit criteria.
entertainment, drug, or underage
d) Regulatory bodies approve permits and
consumption violations.
programs that compete with traditional
municipal services and encourage urban
SD-64. Environmental Protection
sprawl. This behavior puts at risk the
Issue: Cities demonstrate strong stewardship
public investments and growth
for the protection and preservation of the
management efforts cities have made
environment. Minnesota municipalities have
when planning for future development.
historically been the leading funding source
e) Permit fees and other cost-transfer
for environmental protection and
elements of federal and state programs do
improvements. Municipal efforts include
not provide an incentive for
environmental protection through wastewater
environmental agency efficiency, policy
treatment, wetland restorations, stormwater
prioritization or risk assessment.
treatment, public utility emission reductions,
Additionally, all residents of the state
brownfield cleanup, safe drinking water
contribute to the need for wastewater,
programs, as well as others.
drinking water, and stormwater treatment
At some point, however, the diminishing or
and benefit from the resulting improved
nonexistent environmental benefit received
water quality. These factors make the
from additional efforts is fiscally
state general fund an appropriate source
irresponsible. The programs are often
for significant portions of state water
improperly designed to meet their stated
program funding.
goals. Additionally, the absence of funding
f) Third-party environmental advocacy
by the state and federal government has
groups create significant hardships on
removed an essential restraining feature in
cities by threatening litigation even when
program design and implementation.
the best science available may not
Agencies are less accountable to the
support the groups’ positions.
governments that mandate environmental
programs when they do not have to find the
g) Cities are often required to pay the cost of
money to implement the programs.
removing problem materials from the
waste stream, rather than preventing the
Specific problems faced by cities include:
problem at the consumer product or
a) New programs or standards are
manufacturing level.
continually adopted without regard to the
Council Packet Page Number 238 of 430
J3, Attachment 2
Response:AlternState agencies need to develop science-
ative wastewater
treatment and cooperative service systems based standards and quantify new effluent
standards, ensuring that they are
should be prohibited from operating in
areas that can reasonably and effectively scientifically and economically practicable.
be served by existing municipal systems, State and federal agencies should
unless: coordinate and integrate their monitoring
data to assure that all pertinent data is
a) The municipal system is proven to be
available and utilized.
substantially less cost-effective and
substantially less beneficial to the The state general fund is an appropriate
environment; andsource for state water program funding.
Municipal water permit fees should only
b) The operation of these systems will not
be increased if new revenue is needed
create a stranded public investment in
because of increased costs of processing
the existing system.
municipal water permits or if the funds
Sufficient state and federal financial
would go for specific scientific research,
assistance should be provided to local
technical and financial support for cities,
governments when complying with state
or agency staffing needed by cities to
and federal infrastructure requirements,
address environmental and public health
particularly with regard to wastewater,
concerns, not as a means to generate new
stormwater, and drinking water facilities.
revenue to cover other budget shortfalls.
The Minnesota Pollution Control Agency
Additionally, the Legislature should create
(MPCA) should streamline its permitting
effective, producer-led reduction, reuse,
and re-issuing processes to allow for
and recycling programs to deal with a
effluent standards and permit
product’s lifecycle impacts from design
requirements to be known earlier, thereby
through end-of-life management and
giving communities more time to defend
should regulate products and compounds
against contested case hearings.
that damage water quality, sewer
collection, stormwater or wastewater
The Legislature should require the MPCA
treatment systems at the consumer and
to make its determination regarding
manufacturing levels, not just at the
permit-required submittals, permit
treatment and infrastructure maintenance
modifications, and the reissuance of a
level. Examples include requiring accurate
permit within a reasonable set time period,
labeling as to whether disposable wipes
and require the MPCA to make its
can be safely flushed and creating
determinations and reissue the permit
incentives for private salt applicators to
within that reasonable set time frame.
reduce the volume of salt they apply.
The state should ensure townships are
SD-65. Impaired Waters
required to meet the same environmental
protection and regulatory requirements as
Issue: Despite the billions of dollars that
cities.
Minnesota municipalities have invested and
continue to invest in wastewater and
Legislation should be passed that requires
stormwater management systems, and best
state agencies to establish permit
management practices to protect, preserve,
requirements only when the criteria they
and restore the quality of Minnesota’s surface
are using is developed through the rule-
waters, the quality of some of Minnesota’s
making process.
surface waters does not meet federal water
Council Packet Page Number 239 of 430
J3, Attachment 2
quality requir municipal wastewater and stormwater
ements. The federal Clean
Water Act requires that further efforts be permitting and technical support,
including the Clean Water Revolving
made by the state to reduce human impacts
on surface waters that are determined to be Loan Fund, Wastewater Infrastructure
impaired due to high pollutant loads of Fund, TMDL Grants Program, Small
nutrients, bacteria, sediment, mercury, and Community Wastewater Treatment
other contaminants. Scientific studies of Grant and Loan Program, and other
these waters must be conducted to determine state programs that provide financial
how much pollution they can handle (Total resources for city wastewater
Maximum Daily Loads, or TMDLs). The treatment facilities, septic tank
pollutant load reduction requirements will replacement, stormwater management
affect municipal, industrial, and agricultural projects, and other city water quality
practices and operations along any river, improvement and protection projects;
stream or lake determined to be impaired.
d) More adequately cover the current
While the sources of 86 percent of the
five-year wastewater infrastructure
pollutants affecting Minnesota waters are
funding need projection of more than
non-point sources, there will also be new
$1.65 billion;
costs and requirements for point-source
e) Recognize and address the upcoming
dischargers, like municipal wastewater
costs of stormwater management
treatment facilities. Municipal stormwater
infrastructure and operation on
systems will also face increased protective
municipalities from new regulatory
requirements and regulation as part of the
mandates and load reduction
state’s impaired waters program.
requirements;
Response: The League of Minnesota Cities
f) Allow flexibility in achieving pollutant
will work actively with the administration,
load reductions and limitations
the Legislature, and other stakeholders in
through offsets or trading of pollutant
the design and implementation of
load reduction credits for both point
Minnesota’s impaired waters program to:
and non-point load reduction
a) Ensure equitable funding solutions are
requirements within watersheds;
found, such as the state general fund or
g) Recognize and credit the work
bonding, that broadly collect revenue
underway and already completed by
to address this statewide problem;
local units of government to limit point
b) Support legislative appropriation of
and non-point source water pollutant
constitutionally dedicated clean water
discharges;
revenues that will supplement
h) Recognize the diversity of efforts and
traditional sources of funding for these
needs that exists across the state;
purposes, not be used to cover budget
cuts, backfill past program reductions,
i) Ensure the best science available is
or to otherwise supplant normal state
used to accurately determine the
spending on water programs;
sources of pollutant load in order to
maximize positive environmental
c) Direct the majority of funds collected
outcomes and minimize unnecessary
by the state for impaired waters into
regulatory and financial burdens for
programs that fund municipal
cities by correctly accounting for and
wastewater and stormwater projects,
and for state programs needed for
Council Packet Page Number 240 of 430
J3, Attachment 2
addressing agri technologically, environmentally, and
cultural and other non-
point pollutant sources;economically efficient. City water suppliers
have invested many billions of dollars to
j) Ensure the state requires that the
develop their utility systems and
MPCA retain control of the TMDL
infrastructure in a manner that meets those
development process and that all
criteria.
scientific research related to TMDLs is
conducted by the MPCA or qualified, Demand and supply sides of this issue are
objective parties pursuant to state being addressed throughout the state. Cities
contracting, procurement, and conflict have established educational programs,
of interest laws; and incentives, and local water use restrictions to
further improve water conservation efforts,
k) Clarify state water quality mandates so
while appliances and plumbing fixtures are
cities know specifically what they are
becoming more efficient in their water use.
required to do and what methods of
Furthermore, stormwater is being infiltrated
achieving those outcomes are
into the ground at unprecedented levels as
acceptable to state and federal
part of municipal stormwater permit
regulators.
requirements and is being redirected for
SD-66. Municipal Public Water irrigation purposes in some cities.
Supplies
Despite those efforts, there are places in the
state where monitoring data indicates that
Issue:Essential residential water supplies
water may be being used faster than the
provided by public water supply systems are
supply can sustain, particularly in the case of
classified as the highest priority for the use of
underground aquifers. These issues are very
public water under Minn. Stat. §103G.261.
complex, however, and causes and effects are
Minnesota cities spend significant resources
not always easily documented or understood.
meeting their responsibility to providing safe,
City water supplies are not the only users of
reliable, affordable water to their residents in
that water, either. Industries, smaller private
a sustainable manner. That is an essential
wells, agricultural operations, irrigation
element in assuring a healthy and stable
systems, and contamination containment and
future for public health, the environment, and
treatment can all be major drains on local
economic development. As a result,
water supplies.
municipal water suppliers have collected
some of the most current and accurate
Hard facts and sound science need to be used
information available on local water
to determine the best courses of action to
conditions.
assure that safe, reliable, affordable water
supplies are available to future Minnesotans.
The state requires extensive planning and
Those approaches will vary considerably
permitting processes for municipal water
depending on local water and soil conditions,
suppliers to document that their systems are
the types and sizes of users, and the quantity
drawing water at sustainable levels, that the
and quality of available water. They also
water is safe for human consumption, that
need to be coordinated between the many
they have land use controls in place to protect
state entities that play a role in water
public water supplies from contamination,
management and regulations so that scarce
that adequate plans exist for emergency and
local resources are not wasted and efforts are
high demand situations, and that rate
not counterproductive to other priority
structures meet state statutory requirements.
environmental and public health results.
Those systems are constantly becoming more
Council Packet Page Number 241 of 430
J3, Attachment 2
Response: The s
tate should lead the amended, how their very limited customer
development of sound scientific base is protected, and how they are treated in
information on water supply, aquifer relation to other types of electric utilities is
recharge, and groundwater availability important to them remaining affordable,
and quality, making good use of the efficient, and effective.
existing studies, data, and staff expertise of
Currently, the legislative proposals have been
municipal water suppliers.
made to allow unregulated third-party
The state should also be working to electricity sales from generators directly to
remove barriers to water re-use, aquifer the customer, circumventing long-established
recharge, encouraging cultural changes in consumer protections. In some cases,
water use practices, applying technology municipal utilities would be required to
for smart water use, exploring impacts “wheel” energy from third parties across their
and creative mitigation options at power lines to retail customers in violation of
contaminated sites, on ways to incent and the utility’s exclusive service area rights.
enable alternate uses of stormwater, and
Another way to arrange third-party sales is by
ways to make sure that all water users
selling electricity from solar panels or other
play a role in ensuring that water supplies
generating equipment sited on a consumer’s
are being managed in a manner that is
own property to retail customers, while
sustainable for future residents. Those
maintaining ownership of those panels or
solutions need to keep in mind that
equipment. The equipment owner would
essential residential water use is the
charge for electricity it provides, yet rely on
highest preferred use of public water
the local utility to provide reliable service to
supplies.
the customer at all other times. While such
Finally, in cases where sound management arrangements may seem convenient to an
of water resources will require substantial unregulated third-party, they come at a
modifications in public water systems that significant cost to the utilities and
were previously determined to be subsequently, to the rate payers of that utility.
adequate, the state needs to be a partner in
Providing municipal reliable utility services
developing cost-effective solutions and in
comes with certain unavoidable expenses
providing the technical and financial
such as electric generation, power lines,
resources to make those changes to
poles, and substations. These types of fixed
prevent communities from being
costs are on-going and should be equitably
economically uncompetitive.
shared by the local customers. However, both
current and previously proposed changes to
SD-67. Municipal Electric Utilities
state law would give third-party providers an
Issue:Municipal electric utilities provide
advantage subsidized by the remaining rate
essential community services to many
payers and/or taxpayer.
Minnesota cities. The League of Minnesota
Response: The legislature should support
Cities works closely with the Minnesota
and maintain the current regulatory
Municipal Utilities Association (MMUA) to
compact, and recognize the value of the
identify issues of concern and to support their
dependable services provided by
legislative and administrative efforts to
municipal utilities, and the fact that
address them.
municipal utilities are accountable directly
How those entities are regulated by the state,
to residents. Further, the legislature
how their service territory is defined and
should reject giving third-party providers
Council Packet Page Number 242 of 430
J3, Attachment 2
any advantage over muni not consistent between electric utilities, with
cipal utilities, as
well as any other effort to de-regulate many using different rate categories,
significantly complicating B3 benchmarking
utilities.
reporting and billing transparency. For
Additionally, current state practice is for
projects on which a utility provides capital,
the Department of Commerce and Public
the length of time over which city projects
Utility Commission to require payment of
are amortized can also be extended to the
quarterly fees on municipal utilities to the
point that energy cost savings are eliminated,
Department of Commerce three quarters
even with substantial demand reductions. The
in advance. The state should bill for those
application of demand and peak demand rates
fees only for the upcoming quarter.
in repayment schedules can also reduce or
eliminate energy cost savings.
SD-68. State Support for Municipal
Energy Policy Goals
Response:The League of Minnesota Cities
calls on our legislators and state executive
Issue: The State of Minnesota has adopted an
agencies charged with accomplishing the
aggressive energy policy focusing on the
state’s energy policy goals to assist cities,
promotion of energy efficiency and the
townships and counties with tailored
expansion of renewable energy with the goal
efforts to identify appropriate energy
of achieving a reduction in carbon generation
efficiency and renewable energy projects
through reduced use of fossil fuels. To meet
for undertaking at the local level. Among
state energy and greenhouse gas reduction
those tools, the state should:
goals, efforts at the city level will be
essential. That local work will generate
a) Provide grants to support the
significant economic benefits both in
development of local climate action
communities where it is done and more
and adaptation plans and tie those
broadly, as industries and professional
plans to funding made available to
contractors expand their services throughout
implement them;
the state.
b) Where possible, build on existing
Minnesota cities share this goal, as
assistance and incentive programs to
demonstrated by over 140 cities voluntarily
limit duplication of effort, improve
participating in the GreenStep Cities
efficiency, and minimize new tracking
program. However, already strained budgets
and reporting requirements;
and reserves at the state and local level have
c) Help ensure that reduced energy use
limited the ability of the state to assist local
results in reduced energy costs by
units of government in furthering specific
addressing problems with amortization
projects that support the overall state goal. In
timing;
addition, institutional knowledge and
capacity of most cities limits their ability to
d) Have laws that allow and support
explore energy efficiency or renewable
utility grant and loan programs;
energy projects, even projects whose energy
e) Create a grant program to assist in
“payback” could finance project capital costs.
covering local capital costs to install
As the role cities are playing in reducing
solar energy systems on public
energy use and developing renewable energy
buildings;
generation expands, how those efforts are
affected by electric utility practices also
becomes more important. Utility billing is
Council Packet Page Number 243 of 430
J3, Attachment 2
f) Use proceeds from t
he Renewable through its Shade Tree and Invasive Species
Development Fund to support local program, currently have regulatory authority
government projects; to direct tree sanitation and control programs.
Although these programs allow for
g) Provide increased flexibility for
addressing some tree disease, pest, and other
utilities to work with local government;
problems, funding levels have been
h) Support development of a unified
inadequate to meet the need of cities to build
electric energy billing and usage
capacity for urban tree programs and respond
structure that is easily imported into a
to catastrophic problems. Cities share the
B3 Benchmarking tracking system;
goal of the state’s Releaf Program—
promoting and funding the inventory,
i) Develop a framework that allows
planning, planting, maintenance, and
Property Assessed Clean Energy
improvement of trees in cities throughout the
Programs;
state. In addition, economic gains for
j) Play an increased role in providing a
stormwater management, tourism, recreation,
comprehensive network of charging
and other benefits must be protected from
stations to support a transition to
tree loss. A lack of timely investment in
electric vehicles and equitable access to
urban forests costs cities significantly more
charging stations;
in the long run.
k) Create a grant and loan program to
Further, more and more cities are facing
offset start-up capital expenses for
immediate costs for the identification,
projects identified where the savings in
removal, replacement, and treatment of
energy costs can offset capital project
emerald ash borer (EAB) as it spreads across
costs or where projects are needed to
the state. The state has no program to assist
meet energy policy goals;
cities in covering those expenses.
l) Clarify state law so that cities may use
Response:The League of Minnesota Cities
public utility franchise agreements to
supports funding from the general fund or
advance energy policy goals, and;
other appropriate state funds for a state
matching grant program to assist cities
m) Recognize that for the state to meet its
with building capacity for urban forest
goals, hands-on state energy agency
management and meeting the costs of
technical expertise needs to be made
preparing for, and responding to,
available to cities at no cost.
catastrophic urban forest problems,
SD-69. Urban Forest Management
including emerald ash borer. The state
Funding
should establish an ongoing grant
program with at least $15 million per year
Issue:Urban forests are an essential part of
that is usable for those activities.
city infrastructure. Dutch elm disease, oak
wilt disease, drought, storms, and emerald
SD-70. City Pesticide Application
ash borer threaten our investment in trees.
Authority
The costs for control and removal can be
Issue: Current state law in Minn. Stat. §
catastrophic and put pressure on city budgets.
18B.09 was amended in 2023 to allow cities
The Minnesota Department of Natural
of the first class to prohibit the application or
Resources, through its Urban and
use of certain pesticides designated by the
Community Forestry program, and the
state as “pollinator-lethal,” with a list of uses
Minnesota Department of Agriculture,
Council Packet Page Number 244 of 430
J3, Attachment 2
that would still be allo c) Expedite court action to resolve
wed. With many cities
working to increase pollinator-friendly candidate eligibility related to
residency in errors and omissions
habitat and reduce the impact of pesticide
usage known to be lethal to pollinators, cities proceedings; and
are seeking further tools to meet those public
d) Eliminate redundant audio testing of
expectations. With small lot sizes, primarily
assistive voting technology and
non-agricultural property uses, increased
equipment by election judges in
state and local promotion of natural
precinct polling places on Election
landscaping, and dense residential
Day; and
concentrations, cities often find that the
e) Increasing flexibility for elections
broader state pesticide regulations are not
administrators to purchase assistive
adequately protective of pollinators and are
voting equipment and technology that
seeking additional state authority to address
best meets the needs of voters with
these issues in their communities.
disabilities.
Response:The state legislature should
f) Support local governments with
further amend Minn. Stat. § 18B.09 to
ongoing and sufficient funding through
allow cities of any size to opt to restrict the
the Voting Operations, Technology,
application or use of Minnesota
and Election Resources Account
Department of Agriculture designated
(VOTER) fund to provide cities with
pollinator-lethal pesticides within their
resources to conduct elections and meet
community.
the mandated requirements set forth in
SD-71. Election Issues
statute.
Issue:Cities play an important role in
SD-72. Administering Absentee
administering state and federal election law
Balloting and Early Voting
and conducting voting activities.
Issue: Eligible voters in Minnesota may vote
Response: To strengthen the effectiveness
by absentee ballot prior to Election Day.
of elections administration, the Legislature
Starting 46 days before the election, a voter
should:
can request an application for an absentee
a) Seek the input of cities, townships,
ballot and, if approved, receive and cast an
counties, and school districts on
absentee ballot in one visit to their county or
proposed changes to voter registration,
city election offices. Ballots can also be
election law, and needed improvements
requested, applied for and received by mail
and updates to the Statewide Voter
and returned by the voter to the election
Registration System;
office by 8:00 pm on Election Day. Absentee
balloting results are not known until
b) Amend the timeline for candidate
combined with polling place results when the
filings in cities without a primary so
polls close on Election Day.
that the final day of filing is prior to
the August primary date and align the
The process for voting by absentee ballot in-
date when city and school district
person was changed during the 2023
ballot questions must be submitted to
legislative session to establish early voting
the county to match the close of
for the 18 days leading up to an election.
candidate filing;
Early voting will replace direct balloting,
allowing voters to vote in person as they
would on election day without filling out an
Council Packet Page Number 245 of 430
J3, Attachment 2
absentee ballotmay request a ballot by mail, a voter can also
application. Until early voting
is implemented the direct balloting timeline vote before election day through direct
balloting and early voting, vote during the
has also been extended to the 18 days leading
up to an election. The law also established extended hours required on the Tuesday
additional non-business hours that cities before a general election or the three
administering absentee balloting must be weekend days required before a general
open for early voting, including extended election, or a voter can vote on election day.
evening hours on the Tuesday before the Reviews of available voter participation data
election and required weekend hours for the and anecdotal observation by city clerks on
two Saturdays and one Sunday leading up to in-person absentee participation prior to the
th
election day. While the extended timeline for 18 day indicate that it accounts for as little
early voting allows for additional time to as a tenth or less of total turnout in a given
process absentee ballots and the early voting election. While Minnesota has a long
process creates some efficiencies, the absentee balloting time, the most popular
mandated extended hours require additional days for early voting are the 18 days before
staff and resources for cities that administer the election. With the many opportunities
absentee balloting. provided to voters, including the new
extended early voting period, requiring all
For those who vote absentee in-person prior
cities to conduct in-person absentee voting
to the 18 days before Election Day, there is
before the direct balloting and early voting
confusion and in some cases, frustration that
timeline begins may not be the most efficient
they are not allowed to place their ballots
use of resources for all cities. In most cases,
directly into a tabulator. A voter can request
decisions made in partnership between cities
to place their ballot in a series of envelopes
and counties on appropriate service levels for
similar to those returned by mail to be
absentee voting tend to work best as local
processed after they have left the building.
jurisdictions best know their communities
Few, if any, voters request to place their
and trends regarding the demand for in-
ballot into envelopes.
person voting.
Current law allows for in-person absentee
As more and more voters choose to vote
voting until 5:00 p.m. on the day before
early with absentee balloting, improvements
Election Day. This does not leave adequate
must be made to increase efficiency of
time for election officials to process absentee
administering absentee balloting before
ballots, prepare supplemental lists indicating
Election Day, reduce the potential for errors,
which voters have already cast absentee
and to improve voter experience.
ballots and deliver the lists to precincts prior
to opening of the polls on Election Day. The Response: The League of Minnesota Cities
current absentee voting process further supports:
requires that additional supplemental lists of
a) Eliminating the option to place an in-
final absentee voters be delivered to the polls
person absentee ballot in a series of
after the last mail delivery on Election Day
envelopes instead of a tabulator;
and often leads to administrative challenges
b) Establishing an earlier deadline for
and increased potential for errors in the
ending in-person absentee voting;
process.
c) Allowing cities to only conduct early
There are several methods a voter can utilize
voting and opt-out of in-person
to vote in each election. In addition to the 46-
day absentee voting period in which a voter
Council Packet Page Number 246 of 430
J3, Attachment 2
absentee voting band resolve any challenges with RCV
efore the early voting
period. elections that run concurrently with
other elections;
d) Revising absentee ballot regulations to
allow any person 18 and older to b) Statewide standards for those cities
witness the absentee process and sign that choose to adopt RCV to ensure it
the envelope as a witness; and is implemented consistently throughout
the state to give voters confidence in
e) Providing ongoing resources to cities
the fairness of the alternative process
that administer absentee balloting and
of casting their ballots and in the
early voting for the extended early
outcome of such elections;
voting period and additional weekend
hours required during a general c) A state certification process for voting
election. systems used in tabulating RCV
elections; and
SD-73. Ranked Choice Voting
d) Allowing for the use of more than one
Issue: Current law allows charter cities to
ballot should a city with RCV conduct
consider and adopt Ranked Choice Voting
a municipal election in conjunction
(RCV) as an alternative voting method in
with a state general election.
local elections. State statute does not extend
SD-74. Election Judge Recruitment
this authority to statutory cities. Additionally,
there are no statewide standards for
and Retention
conducting RCV. The lack of consistent
Issue: Nearly 30,000 Minnesotans serve as
guidelines on how to effectively implement a
election judges. The recruitment and
RCV system imposes significant challenges
retention of election judges is a significant
for election administrators and voters.
and essential component of administering
The Office of the Secretary of State certifies
elections throughout the State of Minnesota.
voting systems for cities and counties across
State statute requires that precincts with more
the state. This process does not include the
than 500 registered voters be assigned at least
systems used for RCV elections. This makes
four election judges and those with fewer
it difficult for cities to access voting systems
than 500 registered voters be assigned at least
approved by the state.
three election judges. Minn. Stat. § 204B.21
Minn. Stat. § 204D.11 and 206.90 require the
requires that at least two election judges in
use of one ballot only for a state general
each precinct serve with a different major
election unless there is a need for a separate
political party designation, except for student
judicial ballot. To allow cities that have
trainee election judges. The remaining
implemented RCV to hold municipal
election judges in a precinct can serve
elections in conjunction with a state general
without an affiliation to a major political
election, state statute must be amended to
party and no more than half the judges in a
allow for more than one ballot.
precinct may belong to the same major
political party. Statute specifically requires
Response: The League of Minnesota Cities
election judge party balance to perform four
supports:
polling place activities: assisting a voter in
a) Legislation that would give statutory
curbside voting; opening the ballot box;
cities the same authority given to
duplicating ballots; and in conducting an
charter cities to consider and adopt
election at a Healthcare Facility. Political
RCV. Any legislation should address
party affiliation is also unnecessary in city
Council Packet Page Number 247 of 430
J3, Attachment 2
special elect has not declared a party affiliation;
ions when offices on the ballot
are nonpartisan. and
c)Require major political parties to
Minn. Stat. § 204B.19 allows high school
students to be excused from school to serve provide updated lists of persons
as a trainee election judge if the student interested in serving as election judges
submits a written request signed and directly to cities and counties and on
approved by the student's parent or guardian an ongoing basis so that recruitment
to be absent from school and a certificate lists are timely to best assist cities in
from the appointing authority stating the meeting party balance requirements.
hours during which the student will serve as a
SD-75. Mail Balloting
trainee election judge to the principal of the
school at least ten days prior to the
Issue: Minn. Stat. § 204B.45 authorizes all
election. This process is not currently
townships and cities with less than 400
extended to college students which has
registered voters to hold elections by mail. A
proven to be a barrier for recruiting college
city may conduct mail balloting for an
students to serve as election judges.
individual precinct having fewer than 100
Additionally, teachers and college faculty are
registered voters, subject to the approval of
also allowed to take time off of work to serve
the county auditor.
as an election judge.
Staffing and equipment needs can be very
Response: To ensure state requirements
costly and mail balloting is an efficient way
are met, party balance is maintained, and
of conducting an election for cities that have
to expand the opportunity of serving as an
lower numbers of registered voters regardless
election judge to others, the League of
of location in or outside the metro area. It is
Minnesota Cities supports the following
not uncommon for the redistricting process to
changes:
create very small precincts in the metro area
that are more cost-effectively served by a
a) Authorize college students to get time
mail balloting process. Additionally, for
off from classes if they have been
special elections that historically have lower
appointed to serve as an election judge;
turnout, mail balloting could increase voter
b) Allow for one election judge affiliated
participation.
with any major political party defined
Response: The League of Minnesota Cities
in Minn. Stat. §200.02, subd. 7 or
supports allowing all cities to conduct mail
minor political party in Minn. Stat. §
balloting.
200.02, subd. 23 to perform an election
activity that requires party balance
SD-76. Modernizing Charter
specifically outlined in statute and
Amendment Process
based on the election judge’s oath that
Issue: Minn. Stat. § 410.12 outlines the
all will perform duties in a fair and
process for amending city charters and one of
impartial manner and not attempt to
the methods is via petition for which Minn.
create an advantage for any party or
Rules 8205 provides specific criteria for
candidate. If partisan requirements
formatting. City staff then review the petition
cannot be met because of late staffing
to determine if it is valid and has met
changes in the polling place, then cities
statutory requirements for completion and
should be allowed to meet party
submission. To ensure that both residents and
balance through an election judge who
Council Packet Page Number 248 of 430
J3, Attachment 2
city staff fullBecause the presidential nomination primary
y understand the requirements,
clarifying changes should be made. is a partisan activity administered on behalf
of political parties, it is critical that local
Response: To improve the process for
units of government be reimbursed fully and
amending a city charter, the League of
that no cost be borne by cities. Additionally,
Minnesota Cities supports:
conducting a primary election by mail could
a) Adding clarifying language regarding
conserve resources and potentially increase
“registered voters”. These voters must
voter participation.
be eligible voters in the district for
Response: The League of Minnesota Cities
which the petition is being circulated
supports:
who are in active status on the
statewide registration system at the a) Ensuring that local units of
time of petition verification and have government are fully reimbursed for
not had a name or address change all anticipated and unanticipated costs
since the most recent voter registration of conducting the presidential
application was submitted. nomination primary; and
b) Ensuring that petitioners have access b) Allowing the presidential nomination
to the petition, public information lists primary to be conducted via mail
used to verify registered voters, and the balloting.
examination log available for
SD-78. Health Care Facility Voting
inspection on request of any registered
voter.
Issue: Minn. Stat. § 203B.11 outlines the
process for individuals living in health care
c)Revising Minn. Rules 8205 to ensure
facilities to vote. Local election officials send
that formatting requirements are clear
teams of election judges to facilities such as
and up to date.
nursing homes and hospitals during the 35
SD-77. Presidential Nomination
days before the election. They distribute
ballots to eligible residents of the facility and
Primary
provide assistance as needed. Allowing more
Issue: In 2016, the legislature passed into
time for this process would increase resident
law a process for the state of Minnesota to
ability to register to vote or apply for an
conduct a presidential nomination primary in
absentee ballot and ensure their ballot is
2020 for president of the United States. This
submitted.
is administered by cities and counties much
There have been instances when facility staff
the same way elections are conducted.
have refused entry to city elections officials
Minn. Stat. § 207A.15 provides a process for
to provide health care facility outreach
local units of government to be reimbursed
voting. It is essential that city staff are able to
for expenses incurred from conducting the
provide this service to ensure that every
primary. The Office of the Secretary of State
eligible resident is able to vote should they
(OSS) submits to the Department of
choose to.
Management and Budget (MMB) an
It is not uncommon for residents of health
estimated cost of administering the primary,
care facilities to move to different rooms or
and MMB provides funding to the OSS. That
units within a building. If their voter
funding is then distributed to local units of
registration is tied to a specific unit within
government as a reimbursement based on
the building, they must re-register to vote
expense reporting submitted to the OSS.
Council Packet Page Number 249 of 430
J3, Attachment 2
after moving or theias defined in Minn. Stat. § 200.031. This
r ballot may be rejected.
This is unnecessary given the resident still could be an intersection or shelter address.
Because the voter does not have a permanent
lives in the same facility.
mailing address, the registration is often
The process for health care facility voting is
challenged which then requires a voter to re-
required in precincts that conduct elections
register each election. This process also
by mail. This is confusing for residents and
requires a registered voter in the precinct to
facility staff. This requirement should be
vouch for that person which can be difficult
eliminated in mail-only precincts though
to find when experiencing homelessness.
elections administrators should work to
ensure that any new resident of a facility is For those experiencing homelessness, leaving
able to register and receive a ballot. their space and any belongings can
potentially mean losing them. This becomes a
Response: It is critical that those living in
significant barrier to registering to vote and
health care facilities are able to vote
participating in elections.
securely and with minimal complication.
To do so, the League of Minnesota Cities Response: The League of Minnesota Cities
supports amending state law to increase supports the following to improve the
flexibility for cities and health care process for voters experiencing
facilities partnering in administering homelessness to safely and securely vote.
elections. This includes:
a) Update Minn. Stat § 200.031 to allow
a) Extending the time period that clerks an eligible voter to designate a
are required to administer health care residential address or the address of a
facility voting up to 46 days before an facility or residential shelter, such as
election to coincide with the start of homeless shelter or woman’s shelter,
absentee voting instead of the pre-that assists people experiencing
registration deadline.;homelessness where their official
election mail may be sent and have that
b) Requiring entry into facility for city
serve as the address for assigning a
elections officials to ensure residents
precinct and polling location.
are able to vote;
b) Allow cities to do outreach in areas
c) Eliminating the need to include a
with concentrated populations of those
specific room or unit number on voter
experiencing homelessness to register
registration or absentee ballot
people to vote, assist with applications
applications of those living in health
for absentee ballots, and issue and
care facilities; and
receive ballots in a process similar to
d) Exempting mail-only precincts from
Health Care Facility outreach.
also conducting health care facility
SD-80. Voter Registration
voting while ensuring that new
residents are able to register and
Issue: While registering to vote is the most
receive a ballot.
critical step an eligible voter must complete
prior to casting a ballot, it remains a
SD-79. Voters Experiencing
complicated process and barrier to new
Homelessness
voters. Procedures currently utilized in the
state have largely remained unchanged for
Issue: Minnesotans experiencing
many election cycles and fail to account for
homelessness are able to register to vote
changes in population demographics and
using the location of where they usually sleep
Council Packet Page Number 250 of 430
J3, Attachment 2
increasing demandsand services are also not accounted for.
for non-traditional voting
methods. Consideration should be given to adding
documents like work paystubs, tax returns,
Minn. Stat. § 201.061 currently stipulates
mortgage closing paperwork, non-standard
that eligible voters may either register to vote
lease/rental agreements (Hotels, AirBnB,
no less than 20 days prior to an election or on
group homes), a social service agency letter
Election Day at their polling place. In
describing where a homeless voter lives,
addition to completing the necessary
USPS address change verification, and other
paperwork, a potential voter is required to
documents issued by government entities.
provide proof of identity and residence. One
option for proof of residence is to have a Additionally, under Minn. Rules 8200.5100,
registered voter from the same voting voters may present bills due or dated within
precinct vouch for the eligible voter. 30 days of Election Day to meet proof of
residence requirements. This timetable can be
The vouching process is a vital option for
problematic when the absentee voting period
voters lacking current documentation but
starts 46-days prior to the election. The 30-
remains challenging. While voters very likely
day window around Election Day often
know people in their neighborhood, this does
results in some voters not having a current
not guarantee they reside in the same voting
enough bill to register in the first few weeks
precinct. Local roads are often used to divide
of absentee voting. It can be confusing for
voting precincts, thus putting neighbors
voters as to why their most current bill is not
across the street in different precincts. This
accepted as proof of residence. Having a start
issue is even more prevalent for voters
date coincide with the start of absentee voting
experiencing homelessness where vouching
would provide more voters access and
is often the only viable option for registering.
remove confusion on the different deadlines.
Expanding the eligible vouching list to those
who reside in the same city would provide Response: The League of Minnesota Cities
further flexibility to voters and allow election supports modernizing current voter
officials to still track the limit of 8 vouches registration procedures such as:
per person.
a) Expanding eligible vouchers to any
Under Minn. Rules 8200.5100 the Secretary registered voter in the same city.
of State defines the list of acceptable
b) Expanding the list of acceptable
documents that voters may use for proof of
documents that can be used for proof
residence. While there are many options
of residence.
currently authorized, many comparable or
c) Expanding the current 30-day window
similar documents are not currently allowed.
for original bills that voters may utilize
The lack of consistency creates a great deal
for registration to coincide with the 46-
of confusion for voters as to why documents
day absentee voting period.
providing the same information are not
treated the same. New emerging industries
1
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J3, Attachment 2
IMPROVING LOCAL ECONOMIES
d) Give cities broader authority to
LE-1. Growth Management and
extend their zoning, subdivision, and
Annexation
other land-use controls outside the
city’s boundaries, regardless of the
Issue: Unplanned and uncontrolled growth
existence of county or township
has a negative environmental, fiscal, and
controls, to ensure conformance with
governmental impact on cities, counties, and
city facilities and services;
the state because it increases the cost of
providing government services and results in
e)Provide authority for cities to plan
the loss of natural resource areas and prime
and implement plans for roadway
agricultural land.
improvements in areas where urban
or suburban development has created
Response: The League of Minnesota
the need for annexation;
Cities believes the existing framework for
guiding growth and development
f) Clearly define and differentiate
primarily through local plans and
between urban and rural development
controls adopted by local governments
and restrict urban growth without
should form the basis of a statewide
municipal services or annexation
planning policy, and that the state should
agreements outside city boundaries.
not adopt a mandatory comprehensive
This should contain a requirement
statewide planning process. Rather, the
that counties and joint power districts
state should:
that provide sewer, water, and other
services, which have been traditionally
a) Provide additional financial and
provided by cities, include as a
technical assistance to local
condition of providing service the
governments for cooperative planning
annexation of properties that are the
and growth management issues,
recipients of such services in cases
particularly where new
where annexation is requested by a
comprehensive plans have been
city that could feasibly be providing
mandated by the Legislature;
those services;
b) Keep comprehensive planning
g) Facilitate the annexation of urban
timelines on a ten-year cycle due to
land to cities by amending state
the financial and workload impacts
statutes that regulate annexation to
these processes place on cities;
make it easier for cities to annex
c) Clearly establish the public purposes
developed or developing land within
served by existing statewide controls,
unincorporated areas;
such as shore land zoning and
h) Oppose legislation that would
wetlands conservation; clarify,
reinstate the election requirement in
simplify, and streamline these
contested annexations;
controls; eliminate duplication in their
administration; and fully defend and
i) Support legislation to prohibit
hold harmless any local government
detachment of parcels from cities
sued for a “taking” as a result of
unless approval of the detachment has
executing state land-use policies;
been granted by both the affected city
and township and the affected county
Council Packet Page Number 252 of 430
J3, Attachment 2
has been notified prior to the city and numbers of nonconformities on properties
township acting on the request; within city limits and would make state
wildlife management areas far less desirable
j) Oppose legislation that allows orderly
due to impacts on future city development.
annexation agreements to be adopted
that prohibit annexation by other In rural areas, where this is less of a
cities of property not being annexed concern, counties and townships have the
under the agreement; authority to object to the state purchasing
land for the outdoor recreation system for
k) Encourage ideas consistent with the
these very reasons. Cities do not have that
long-term goal of allowing urban
statutory right. Due to recent statutory
development only in areas currently
changes (Minn. Stat. § 97A.137, subd. 4)
or about to become urban or
removing city authority to adopt ordinances
suburban in character; and
related to firearm discharge, hunting and
l) Establish stricter criteria on the
trapping activity in wildlife management
amount cities can pay to townships as
areas within their borders, these purchases
part of an orderly annexation
should not occur without city consent and
agreement so that payments to
input.
townships are limited to
Response:The League of Minnesota
reimbursement for lost property tax
Cities opposes the state imposing
base for no more than a fixed number
retroactive development restrictions
of years, documented stranded
around existing wildlife management
assessments, and other items for
areas.
which there is a clear nexus.
When purchasing state wildlife
LE-2. Wildlife Management Areas
management areas and other
conservation and outdoor recreation
Issue: The Department of Natural Resources
system land, the state should either
has been pressing for legislative
purchase sufficient land to provide an
requirements creating development
internal buffer from surrounding
restrictions on property adjacent to land
development or purchase development
purchased by the state for hunting and other
rights to land adjacent to the property if
conservation purposes. This issue has been
such a buffer is deemed essential to
increasingly controversial as urban growth
preserving the intended uses for the
extends into areas previously considered
property. This should be required for new
rural and residential property owners are
land purchases and done where feasible
finding themselves adjacent to public
for existing wildlife management areas.
hunting land. With large amounts of new
revenue going into state land purchase for
Furthermore, Minn. Stat. § 84.944 and §
game and fish habitat and public access
97A.145 should be amended to include
purposes because of the passage of the
cities in the local government notification
constitutional amendment, these problems
and approval process the state must
could occur even more frequently.
follow before purchasing public land.
The solution being proposed will put local
LE-3. Official State Mapping
governments in the position of enforcing
Responsibility
state land use restrictions and would require
extensive changes to local plans, controls
Issue: For many years, the Minnesota
and ordinances. It would also create large
Department of Transportation (MnDOT) has
Council Packet Page Number 253 of 430
J3, Attachment 2
provided the mapping services to keep
serve properties located within rural electric
survey-level accuracy in place for the state’s cooperative (REC) or other electric service
official maps and records. That information
provider service territory in annexed areas,
changes when roads are made or improved, even if the REC or other electric utility had
and needs regular adjustment when not served them prior to annexation.
municipal boundary adjustments are made.
Response:The League of Minnesota
The information is then used at all levels of
Cities opposes any attempt to remove or
government to accurately determine
alter the eminent domain option available
property boundaries for transportation aid,
to municipal electric utilities in state law,
utility service boundaries, state and local
or to make it financially unfeasible for
funding formulas, election issues, and a
municipal utilities to compensate rural
number of other uses.
electric cooperatives or other electric
No state agency, however, has ever been utilities for serving future customers who
statutorily provided with mapping reside in annexed areas where that
responsibility and MnDOT is not funded for electric utility has not provided service.
providing that level of detail in its mapping.
LE-5. Statutory Approval
Because MnDOT, as an agency, requires
Timelines
less specificity in its maps, a change has
slowly been integrated to mostly restrict
Issue: Cities since 1995 have been required
MnDOT mapping to what changes occur in
to act on written requests relating to zoning,
road ownership and responsibility, leaving
septic systems, the expansion of
many mapping needs unmet for other users
Metropolitan Urban Service Areas (MUSA),
of boundary data.
and other land-use applications in
accordance with a statutory time period
Response: The League of Minnesota
generally referred to as the 60-day rule.
Cities supports legislation making a
Pursuant to Minn. Stat. § 15.99, state and
named state entity the official provider of
local government agencies must approve or
survey-level mapping for the state,
deny a permit within a statutory timeframe.
including maps for municipal boundary
Failure by the agency to issue a specific
adjustments. The Legislature must
denial of the application is deemed an
provide the necessary appropriations to
approval.
the entity for providing that service.
Minn. Stat. § 15.99 does not directly address
LE-4. Electric Service Extension
whether an appeal of a decision triggers an
Issue: Minnesota law preserves the right of
extension or is part of an original zoning
municipal electric utilities to grow with the
request that must be handled within the 60-
cities they serve. Municipal electric utilities
or 120-day time period. In a 2004 Minnesota
may grow either through application to the
Court of Appeals decision, the court found
Minnesota Public Utilities Commission
that a zoning application is not approved or
(MPUC) or through condemnation
denied for the purposes of Minn. Stat. §
proceedings. Eliminating authority of
15.99 until the city has resolved all appeals
municipal electric utilities to extend
challenging the application. Moreno v. City
services, or making extension of municipal
of Minneapolis, 676 N.W.2d 1 (Minn. Ct.
electric service to annexed property
App. 2004). According to the court, an
unreasonably costly, would interfere with
appeal is not a request for a permit, license
community development and make it
or other governmental approval; therefore, it
unfeasible for municipal electric utilities to
Council Packet Page Number 254 of 430
J3, Attachment 2
does not trigger a new 60-day time period. resources are increasingly limited, flexibility
Under this interpretation, a decision in the length of approval timeline
rendered by a zoning board or planning requirements may be needed at the local
commission is not the final approval or level.
denial of an application if the city allows an
Response:The Legislature should repeal
appeal to the city council.
or amend Minn. Stat. § 15.99. If repeal is
This court decision is problematic for a unlikely, amendments should:
couple of reasons. Forcing cities to further
a) Increase the initial time limit to 90
condense the process for considering
days or have the language in Minn.
planning and zoning applications will make
Stat. § 15.99 apply as the default
it more difficult to gather public input and
requirement onlyin cases where
leave less time for thoughtful deliberation by
permitting bodies have not established
zoning boards and planning commissions. It
an independent approval timeline;
may also provide an incentive for cities to
b) Clarify that approval does not
extend the original 60-day period in every
abrogate the need for approvals under
instance in order to build-in adequate time to
other applicable federal, state or local
consider possible appeals.
requirements;
The Minnesota Supreme Court recently
c)Provide appeal rights to adjacent
issued another 60-day rule decision that held
property owners;
that an application to the Minneapolis
Heritage Preservation Commission for a
d) Clarify that, if requests are to be
certificate of appropriateness was a “written
decided by a board, commission or
request related to zoning,” and therefore was
other agent of a governmental agency,
subject to the automatic approval provision
and the decision of the board,
of the 60-day rule. 500, LLC v. City of
commission or other agent is adopted
Minneapolis, 837 N.W. 2d 287 (Minn.
subject to appeal to the governing
2013). This opinion creates ambiguity and
body of the agency, then the agency
uncertainty about what permit applications
may extend the 60-day time limit to
are subject to the law.
resolve the appeal; and
Additionally, the statute does not allow for
e) More clearly define that the phrase
exceptions to the timelines in event of
“related to zoning” refers to a
extenuating local circumstances. If a state of
traditional land use decision such as
emergency limits the ability of city staff to
rezoning, conditional use permits, and
complete the work, it should not result in a
variances.
de facto approval of applications.
f) To address states of emergency, add
Clarification is needed about how these
the following new language to the
instances are fairly handled to ensure a fair
statute: (h) The time limits in
public process can occur for all interested
subdivision 2 and 3 are paused if the
and involved parties.
governor declares a state of
While the Legislature has clarified some
emergency under section 12.31. In
aspects of this law, additional modifications
cases described in these paragraphs,
are necessary to assist cities in providing
the deadlines in the areas included in
accurate and timely responses to applicants
the emergency declaration remain
and to allow adequate time for public input.
paused until ten days after the
Furthermore, as city staff and financial
Council Packet Page Number 255 of 430
J3, Attachment 2
expiration of the state of emergency, consuming historical research that may not
applied to any written application reveal a clear answer.
awaiting action that was submitted
Response:The Legislature should amend
prior to or during the state of
the special assessment statute so that
emergency.
retaining walls needed to facilitate public
improvements are treated the same as
LE-6. Maintenance of Retaining
other local improvements. In cases where
Walls Adjacent to Public Rights of
retaining walls located along public rights
Way
of way or within drainage and utility
Issue: The Minnesota Constitution grants
easements separate public improvements
cities the power to “levy and collect
from adjacent properties, the Legislature
assessments for local improvements upon
should establish a rebuttable presumption
property benefited hereby.” Retaining walls
that the need for lateral support was
are one of the many improvements that a
created by the property owner.
city is authorized to make on behalf of its
LE-7. Development Disputes
residents, and Minnesota’s special
assessment law, Minn. Stat. ch. 429,
Issue:State law is clear that fees collected
authorizes cities to charge special
under Minn. Stat. ch. 462 are eligible for
assessments on properties that are benefitted
judicial review in the event of dispute. The
by an improvement.
Legislature limited the timeframe during
which an aggrieved party may challenge
The Minnesota Court of Appeals held that
planning and zoning fees to 60 days after
the city of Minneapolis had a nondelegable
approval of an application. However, the
duty of lateral support to a property owner
law is not clear about what notice
with a retaining wall abutting a city
requirements to the municipality are
sidewalk. Howell v. City of Minneapolis,
necessary, relative to the timing for a person
2013 WL 1707759 (April 22, 2013). A
aggrieved by an ordinance or decision under
subsequent jury found that the city created
the municipal planning act to seek review.
the need for lateral support when it built the
street and sidewalk adjacent to the property,
Response:The Legislature should amend
making the city responsible for the
Minn. Stat. § 462.361 to establish a 60-
maintenance the retaining wall, despite the
day time limitation in which an aggrieved
fact that the property is clearly benefitted by
person may bring an action against the
the retaining wall.
municipality.
The special assessment statute anticipates
LE-8. Foreclosure and
the need for cities to create retaining walls
Neighborhood Stabilization
when making public improvements, and this
Issue: Cities dedicate scarce resources to
holding could create significant costs for
address public safety and maintenance
cities forced to repair and maintain retaining
challenges associated with foreclosed,
walls that benefit a single property. A choice
vacant, and under-maintained homes. Left
by a developer or previous property owner
unaddressed, these properties destabilize
to build a retaining wall to improve the
neighborhoods, depress neighborhood
value or usefulness of property may appear
property values, and potentially increase the
to be necessary today, but determining who
costs of municipal services. Cities’ revenue
first created the need for lateral support in
also continues to decline due to delinquent
the past can involve costly and time-
Council Packet Page Number 256 of 430
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utility payments and property tax payments, acting essentially as renters. It is difficult to
as well as added costs for nuisance determine who is responsible for
abatements. Although the number of those maintaining the property or for paying utility
mortgage foreclosures has stabilized bills and property taxes, and cities may not
somewhat since the peak of the recession in be able to inspect substandard properties if
2008 and the height of the COVID-19 they are not subject to a lease agreement. In
pandemic, issues surrounding community some situations, property owners may wish
recovery remain ongoing. to have a renter be the responsible party for
utility bills and utilize contract for deed
State and local governments can play an
arrangements to have the person living on
important role in spurring reinvestment in
the property be the responsible party. The
struggling neighborhoods, but without
property may also not be recorded at the
additional resources to address the variety
county for homesteading purposes if the
and costly impacts of foreclosures and
buyer is not aware of the formal change in
vacant properties, cities cannot maintain or
ownership that results from a contract for
increase those activities to meet local needs.
deed. During the 2024 legislative session,
The federal government has provided funds
contracts for deed policy reform was passed
for neighborhood stabilization and direct
by the legislature and signed into law that
mortgage assistance to residents, but such
provides additional protections to buyers.
funds are limited in eligible uses and scope,
Policy to further protect buyers in contracts
and they are only available to a limited
for deed include additional time to make late
number of cities.
payments and a requirement that the burden
Contracts for deed have been used to
for recording the contract is now on the
successfully buy and sell thousands of
seller among other protections to prevent
homes around Minnesota. According to
predatory uses of contracts for deed.
research completed by the Pew Charitable
In recent years, investor ownership of
Trusts that analyzed land contracts in the
single-family housing stock has increased as
U.S. from 2005-2022, Minnesota has the
investors including both small investors and
fourth-most land contracts in the U.S.
large private equity companies have
However, some property owners use
continued to purchase single-family homes
contracts for deed as an alternative to a
to convert to residential rental uses.
traditional lease, even though the purchaser
According to the Minneapolis Federal
has no intention of buying the home. Some
Reserve Bank, investor-ownership rate for
communities have encountered a situation
residential properties in the metropolitan
where a property owner is buying many
area has more than doubled from 2006 to
homes in a community, then selling them on
2015 but has since stabilized in the past
contract for deed. This can allow a person
three years. While the trend of investor
to essentially act as a landlord while evading
ownership has stabilized, the increase in
a city’s rental inspection and rental licensing
single-family rental housing continues to
process, while the buyers lose the traditional
impact city housing stock as investor
legal rights and protections as
purchases of affordable single-family homes
tenants. Many view it as a way to rent the
are often concentrated in lower income
property and may not be aware of it being a
neighborhood, which can remove
contract for deed.
homeownership opportunities and make it
Numerous problems arise for cities and
harder for lower-income households to
neighborhoods when property owners are
compete in the housing market. While
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investor ownership creates single-family available to cities, when a property is
rental opportunities, strategies deployed by in the foreclosure process and vacated
certain investors that seek to maximize and advance policies that make it
profits can lead to a deterioration of housing easier for cities to step in during the
quality. tax forfeiture sale process in order to
more effectively address blighted
Response: The Legislature should:
properties;
a) Secure increased state and federal
f) Support coordinated responses to
resources and provide financing tools
prevent foreclosures, activate and
to help cover city costs associated with
guide private investment and home
foreclosed and /or vacant properties,
purchases, and support distressed
community revitalization strategies,
neighborhoods;
and community investment, including
revenue sources for programs that g) Continue to study and monitor the
support foreclosure mitigation, impacts on the housing market of
homeownership counseling, and investor-owned homes and enact
expanded homeownership policy that provides cities with the
opportunities and are sustainable; tools to mitigate any negative impacts
on city housing stock and prospective
b) Explore additional city authority to
homebuyers due to investor-owned
allow cities to take more expedient
purchasing of homes without
action to acquire tax forfeited
penalizing small investors and
property in order to protect foreclosed
property owners;
and/or vacant homes from damage
and to help preserve property values h) Re-enact a program at the state level
in neighborhoods where similar to “This Old House” to allow
concentrations of such conditions are owners of qualifying single-family
present, including an expedited homes or multi-unit rental properties
process to address nuisance to defer the increase in tax capacity
properties;from repairs or improvements to their
homestead property as an incentive
c)Reexamine the Contract for Deed
for cities to maintain and improve the
statutes to mitigate predatory contract
sustainability of housing stock or
for deed arrangements and ensure
provide state assistance to cities who
property owners adhere to local rental
wish to provide incentives for
licensing requirements, and provide
homeowners to make repairs and
local jurisdictions resources to allow
improvements to their property; and
for education of future buyers and
sellers in contract for deed i) Support programs that provide
arrangements;resources to cities for rehabilitation or
new construction of single-family
d) Support local authority for cities to
homes.
collect all delinquent taxes, utility
bills, liens, and assessments on
LE-9. Housing Policy
foreclosed, vacant, boarded and/or tax
Issue: Cities recognize that stable housing is
forfeited properties;
essential to the health, safety, and welfare of
e)Improve notification to cities, and
residents. Since the Fair Housing Act of
consistency in the information
1968, and more recently with the
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recognition that certain barriers to housing homeownership rates in the nation, but the
disparately impact certain members of our state has the fourth largest disparity in
communities, local government has been homeownership rates between white/non-
obligated to promote and reduce barriers to Hispanic households and households of
fair housing and equal opportunity. For color.
example, households with housing choice
According to the most recent U.S. Census
vouchers face many barriers to securing
Bureau’s American Community Survey,
housing in the private rental market,
households of color are also more likely to
especially when rental vacancy rates are
experience cost burden (paying more than
low. Currently rental vacancy rates are at a
30% of their income on housing). In
historic low in much of the state. As a
Minnesota, 57% of renter households of
result, many families and individuals may be
color experience cost burden as compared to
unable to use their housing choice vouchers
45.5% of white renter households. Project
and thus unable to secure safe, decent and
based and voucher based rental assistance
affordable housing. Additionally, many
that enable renters to pay no more than 30%
renters and homeowners face challenges
of their income on housing are critical to
from housing displacement due to rising
reducing cost burden disparities. Nationally,
costs, uninhabitable housing, and eviction
according to data analysis provided by the
that exacerbates housing instability and
Urban Institute, only 1 in 5 households who
homelessness.
qualify for a Section 8 voucher receive this
Despite progress since the Fair Housing Act critical form of rental assistance. Despite
of 1968, households of color nevertheless legislative efforts in Minnesota to create a
experience a gap in homeownership rates sustainable state rental assistance program,
compared with white households and have the program is likely to fall short of
faced barriers to housing due to a history of addressing the need. As a result, low-income
housing policies and lending practices that families often make tradeoffs to reduce
disproportionately benefit white households housing costs. Families may choose or only
(i.e., application of GI bill largely only to be able to afford living in poor-quality,
white soldiers returning from war, redlining, substandard housing or a long distance from
and restrictive covenants). According to the work opportunities to reduce housing costs.
U.S. Census Bureau and American The imbalance between the demand for
Community Survey data, the affordable housing and the supply of low-
homeownership rate in Minnesota for non-cost rentals contributes to increasing
Hispanic White Americans is 78%, which is housing costs. At the same time, wages have
above the national rate of 74.4% However, remained stagnant and not kept up with
the homeownership rate for homeowners of increased housing costs resulting in more
color in Minnesota is 41.8%, which remains and more families experiencing housing cost
well below the national black burden. Rent-burdened households have
homeownership rate of 44 percent. higher eviction rates, increased financial
Comparatively for Hispanic Americans, the fragility, and wider use of social safety net
homeownership rate is around 47% and for programs, compared with other renters and
Asian Americans, it has hovered around homeowners. The rates and severity of rent
53%. According to the Minnesota Housing burden, especially for households of color,
Finance Agency analysis of the most recent have increased housing instability and
U.S. Census Bureau’s American Community resulted in fewer households transitioning
Survey, Minnesota has one of the highest from renters to homeowners.
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J3, Attachment 2
Response: The Legislature should: homebuyer education and funding for
down payment assistance to low-
a) Support policies that allow local
income households;
leadership on zoning and land use
changes that are sensitive to e) Support programs that seek to recruit
individual community needs and and retain emerging and diverse
housing goals including incentive-developers interested in housing
based approaches and options that development.
can be tailored to each individual
f) Support programs that reduce cost
community and oppose policies that
burden among renters and support
seek to impose one-size-fits-all rigid
policies that address barriers for
zoning and land use framework on
people of color when accessing safe,
cities.
healthy and quality affordable rental
b) Support resources and programs that housing; and
seek to assist communities and
g) Support resourcesand policies that
landlords in their efforts to reduce
encourage public-private partnerships
barriers to housing and promote fair
between cities and entities seeking to
housing and equal opportunity
expand new affordable
including a prohibition on landlords
homeownership and rental
denying housing opportunities to
opportunities, prevent renter
residents based on their source of
displacement, and reduce the racial
income and support efforts by the
gap in homeownership and reduce
federal government to promote fair
cost burden.
housing policies intended to protect
people from housing discrimination LE-10. Resources for Affordable
andencourage the federal government
Housing
to provide more flexibility within the
Issue: Cities, along with local housing
Section 8 voucher program so that
officials, are concerned about the need for
renters can more readily maintain and
proactive commitment at the state level to
place their vouchers in a tight rental
aid cities to meet demand for affordable
market;
housing that is sensitive to local conditions,
c)Support housing stability for renters
emerging trends, and changing
through policies that mitigate the
demographics. This includes meeting the
impact of or reduce evictions filed
needs of lowest-income households as well
including providing clear statutory
as an aging population and ensuring a wide
authority for cities who seek to impose
range of lifecycle housing options that allow
tenant protection ordinances that
seniors of all incomes to stay in their
mitigate renter displacement;
community, addressing racial disparity gaps
in housing, and responding to emerging
d) Seek to identify and reduce racial
trends, such as the need to preserve federally
disparities in homeownership in
subsidized housing and naturally occurring
Minnesota and support policies and
(unsubsidized) affordable housing. The
encourage innovative solutions that
League also recognizes that federal, state
address structural barriers for people
and local governments all have a role to play
of color when it comes to accessing
in meeting affordable housing needs,
housing including policies that
overcoming barriers to housing stability
encourage fair lending and provide
Council Packet Page Number 260 of 430
J3, Attachment 2
such as high market prices, eviction, and homeownership, consistently fund the
foreclosure, and responding to problems state housing tax credit program and
caused by vacant homes and the increase in contribution fund to continue building
rental properties that are the result of upon the state’s partnership with local
foreclosure. governments and the private sector in
the development of homeownership,
It is generally agreed that Minnesota has a
and multi-family rental assistance and
substantial supply gap of housing units
housing renovation programs;
across the housing spectrum, especially units
that are affordable to lower income c) Consider establishing a program to
Minnesotans making 30% of average address immediate needs throughout
median income or less. Housing for the year to provide a match for new or
extremely low-income Minnesotans and existing city-supported affordable
supportive housing with social services are housing projects. This could include
particularly underserved by traditional matching funds, issued on a timeline
market rate housing providers and require that is consistent with local budgeting
committed ongoing operating funding along processes, for local revenues allocated
with initial capital support. to a local affordable housing trust
fund;
Response: TheLegislature should:
d) Expand authority for all cities to
a) Support the affordable housing
transfer unobligated pooled increment
priorities of the Minnesota Housing
from a housing or redevelopment TIF
Finance Agency (MHFA) that benefit
district to support a local housing
cities, which include making resources
trust fund for any eligible expenditure
and methods available to maintain
under Minn. Stat. § 462C.16 and
and improve existing affordable
expand TIF flexibility to allow for
homes, including publicly subsidized
housing TIF districts to include
deeply affordable, and housing stock
income averaging and allow for rental
that is aging such as naturally
and homeownership units for incomes
occurring (unsubsidized) affordable
higher than the existing 20-50 and 40-
housing;
60 income limitations;
b) Provide stable and long-term funding,
e) Substantially increase long-term
including but not limited to dedicated
funding for the Economic
funding sources, for Minnesota
Development & Challenge Fund to
Housing and other affordable housing
leverage local private and public
programs that support local housing
resources to develop workforce rental
efforts, including those that encourage
and single-family homes;
innovation and recognize regional
markets, provide flexibility for cities f) Support legislation to provide sales,
to create partnerships and leverage use, and transaction tax exemptions or
resources with private and public reductions for development and
entities. Support capital investment production of affordable housing and
resources for affordable and public use state bond proceeds for land
housing, stable and long-term funding banking and trusts as well as
for supportive services and programs rehabilitation and construction of
that address homelessness and reduce affordable housing;
barriers to stable housing and
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J3, Attachment 2
g) Provide funding and financing tools to residential sites are shovel ready for
cities to create affordable senior development; and
housing for our aging population;
m) Authorize resources by way of a tax
h) Provide funding and financing tools to credit, tax increment financing
cities to create affordable housing and including property in existing TIF
prevent foreclosure for veterans; districts, and other policy tools or
general fund appropriations to
i) Support for funding to reduce the
support the conversion of existing
racial gap in homeownership rates,
non-residential property, including
such as targeted homeownership
vacant properties, into multi-family
capacity building and homebuyer
housing or new types of uses that
assistance;
support economic growth of cities.
j) Support additional funding for the
n) Support cities and Housing and
housing choice voucher programs or
Redevelopment Authorities’
other rental assistance programs and
affordable housing and
financial, tax, and/or other incentives
homeownership programs by
for rental property owners to
directing state agencies to eliminate or
participate in these programs;
reduce the transactional costs
k) Support the continuation and possible
associated with the purchase, transfer,
expansion of guardrails required by
remediation, and preparation of state-
the current 4d Low-Income Rental
owned remnant, undeveloped or
Classification under Minn. Stat. §
underutilized properties that could be
273.128 that provides a class rate
utilized for residential development.
reduction in property taxes to
o) Amend the pooling restrictions in
qualifying low-income rental
469.1763 subd. 2d to increase the
properties. Extend the 4d transition
percentage of expenditures for
aid to all cities on a permanent basis
activities located outside the district
and base any program expansion
from 10% to 25% and the eligible uses
proposals of any state mandated class-
of those funds if the expenditure is
rate reduction on a full analysis of the
transferred to housing initiatives that
impacts to local property tax bases.
serve 115% or less of local area
Ensure that any modifications to
median income.
class-rate reductions or market value
exclusions are balanced between the
LE-11. Greater Minnesota Housing
tax benefit to existing and future
Issue:Cities in greater Minnesota share
units that benefit from the property
many of the same housing needs as metro
tax reduction and the increased tax
communities. However, not unlike differing
burden on the existing property tax
real estate markets within a city, greater
base due to any expansion;
Minnesota communities often have vastly
l) Support sustainable funding for
different market conditions for housing that
infrastructure grants currently
can necessitate priorities that vary from
available to cities to assist with the
metropolitan areas. Greater Minnesota cities
cost of providing critical
face unique challenges that affect the
infrastructure and ensure that
affordability, quality, and availability of
housing. While local communities in greater
Council Packet Page Number 262 of 430
J3, Attachment 2
Minnesota are focusing on local efforts to developments because of these valuations or
attract development and encourage growth, low prevailing rents.
assistance is often needed from state and
The circumstances also mean that the few
federal resources to construct and
affordable housing projects that do make
rehabilitate greater Minnesota housing stock
their way to greater Minnesota are often
and that assistance should better
notably of higher quality than the average
accommodate the varying realities of a
market rate housing stock if they were lucky
diverse state and housing markets.
enough to produce any. Many of these
Like many metropolitan cities, greater affordable units rent for 20-37% higher than
Minnesota city housing studies often cite what individuals would otherwise be able to
challenges at many levels of the economic afford in many greater Minnesota cities if
spectrum that impact local economies and they were buying a median valued home of
population growth. However, incomes significant age. Though numbers certainly
within exclusively rural and rural/town mix differ, modest market rate units that have
counties are well below average incomes in been attempted or in some instances
exclusively urban counties. The US Bureau advanced in Greater Minnesota communities
of Economic Analysis demonstrates over a have a per unit cost of $140-$150,000 while
62% earnings gap between entirely rural and a tax credit project with their added soft cost
entirely urban counties. Greater Minnesota can often reach costs of $225,000 per unit or
communities in many cases do not have a more. Project costs for workforce housing
significant percentage of high-earner can also become prohibitive for many
workers that earn a high enough salary to developers in greater Minnesota due to
afford today’s newly constructed housing prevailing wage requirements. While greater
units. This factor along with the rising costs Minnesota cities are looking to gain every
of construction materials and labor are advantage and stretch limited local resources
outside of the control of local communities for housing, more state assistance should be
but lead to an overall lack of housing stock focused to allow rural communities to
in many greater Minnesota cities. minimize the financial gap of market rate
production.
However, one of the most vexing difference
in the housing continuum is the lack of Response:The Legislature should:
production of market rate housing in rural
a) Appropriate funding to state
communities. The lack of market rate
assistance programs serving greater
production has led to aging housing stock in
Minnesota including increasing base
greater Minnesota cities that hinders
appropriations for the Statewide
economic growth. At least 25% of the
Affordable Housing Aid program to
housing stock in 34 of greater Minnesota’s
ensure all Greater Minnesota cities
80 counties was built before 1940 and only
regardless of population receive a
four counties in greater Minnesota have 5%
meaningful amount of resource via
or more of their housing stock constructed in
formula for housing priorities and
2010 or later. The aging owner-occupied
ensure other program appropriations
and rental housing stock have low assessed
to account for the state imposed
values far below any reasonable cost of new
prevailing wage requirements;
construction and thereby translates to an
b) Require a comprehensive analysis of
environment where lenders and developers
the state’s housing assistance
often shy away from new market rate
programs to better determine the
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J3, Attachment 2
specific needs of greater Minnesota regulatory and smart growth
communities and adjust programs principles.
accordingly;
LE-12. Energy Efficiency
c)Change Tax Increment Financing
Improvement Requirements for
rules to address specific housing
Housing
challenges in greater Minnesota,
Issue: Rising energy costs have brought
including but not limited to,
attention to the poor energy efficiency of
permanently extending the timeframe
many private residences and multi-family
for pooling redevelopment TIF
properties, especially in older housing stock.
projects from 5 to 10 years to allow
The affordability of housing could be
more flexibility for rural communities
severely impacted by continued increases in
to amass properties and finance
home energy costs. Improvements in the
projects while removing blight and
energy efficiency of housing would improve
amending the affordability
the affordability of local housing options
restrictions for housing TIF to be used
and would help achieve state energy demand
for workforce or market rate housing
and greenhouse gas emission reduction
production in areas of low market rate
goals. The challenge is how best to achieve
production to provide parity at a 25-
that result.
year duration;
Legislative discussions have suggested that
d) Appropriate more state resources and
minimum energy efficiency improvements
establish grant and forgivable loan
could be added as point-of-sale
programs that support market rate
requirements, including energy use
and senior housing development
disclosure and basic renovations such as
proposals in greater Minnesota
improved attic insulation levels, window
communities where production is
caulking and other air sealing, or improved
extremely low and modify the
light fixtures.
Statewide Affordable Housing Aid
program income restrictions to allow
While the goals of such a program are
for market rate housing development;
laudable, there are a number of concerns for
and
how this would actually be accomplished in
individual cities. Most cities do not, for
e) Work to address the disconnect
example, have point of sale inspections.
between communities that follow the
There will also be cases where the building
Statewide Building Code and those
could be structurally unable to meet high
areas that do not to ensure a level
attic insulation requirements, such as with
playing field while encouraging
manufactured housing or with older houses
prudent health and safety measures
with very little attic space. There are also
and ensure that building code changes
concerns that the cost of meeting these
that add cost to housing construction
energy requirements could result in
and maintenance include a cost-
homeowners being reluctant to sell their
benefit analysis. Furthermore, the
houses because of the expense of the
building code should not be used to
improvements that would be required to
further disadvantage cities for the
meet new standards or property owners
investments they have made in
passing on the cost of upgrades to tenants.
infrastructure to comply with
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J3, Attachment 2
Increased exposure to educational Cities should use their communication
information, such as increased access to tools, such as newsletters, web sites, and
energy audits and more familiarity with and staff communications to promote these
access to programs that finance energy efforts and to help link property owners
efficiency projects could increase adoption to educational materials and program
of energy efficiency improvements. Electric resources. Additionally, cities could be
utilities provide successful, cost-effective incentivized to adopt strategies to disclose
energy efficiency programs, have a customer energy usage data for building owners to
relationship with homeowners, a regulatory identify options for cost-efficient energy
requirement to meet energy demand improvements.
reduction goals through conservation
LE-13. In-Home Day Care Facilities
spending, and access to technical expertise
that can take into account variations in
Issue:There are restrictions on the ability of
building age and construction. Cities could,
a city to regulate licensed day care facilities.
however, play a strong role in increasing
Minn. Stat. § 462.357, subd. 7, states that
public exposure to approved educational
certain licensed residential facilities and day
materials and providing incentives through
care facilities must be considered a
the use of other local financing support
permitted single-family use for zoning
options for property owners, such as grants,
purposes. The restriction is designed to
loans, and a Property Assessed Clean
protect “in-home” daycare facilities, but the
Energy (P.A.C.E.) program. Cities could
law applies even if the facility is not the
also take advantage of the recently added
primary residence of the day care provider.
assessment authority in Minn. Stat. §
This creates a loophole for providers to use a
429.021 to provide financing for energy
single-family home as a commercial daycare
improvement projects in residential
facility, which might not otherwise be
properties of five or more units if a property
allowable under a city zoning ordinance. In
owner petitions for an energy improvement
2024, legislation was passed to prevent
project in an existing building.
homeowner’s associations, condo
associations, housing cooperatives, or any
Response: The League of Minnesota
covenant on real property from prohibiting a
Cities agrees that there is a need to
homeowner from having a licensed in-home
improve the energy efficiency of
day care.
residential building stock to reduce
energy consumption and improve the
Response: The Legislature should amend
affordability and livability of housing.
Minn. Stat. § 462.357, subd. 7, to clarify
The state should focus its efforts on
that a licensed day care facility serving 12
improving educational programs and on
or fewer persons is considered a
improving the use of the existing
permitted single-family use only if the
statewide Conservation Improvement
license holder owns or rents and resides
Program (CIP) and similar programs and
in the home.
provide property owners with technical
LE-14. Residential Programs
and financial support for weatherization
and energy efficiency improvements.
Issue:Minnesota’s deinstitutionalization
Further, the state should work to make
policy seeks to ensure that all people can
residential Property Assessed Clean
live in housing that maximizes community
Energy (P.A.C.E.) programs viable for
integration. Minn. Stat. § 462.357, subd. 6a.
local governments.
states that “persons with disabilities should
Council Packet Page Number 265 of 430
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not be excluded by municipal zoning license to a residential program of six or
ordinance or other land use regulations from fewer people within 1,320 feet of an existing
the benefits of normal residential residential program in cities of the first
surroundings.” Minnesota cities support class.
inclusion of people with and without
In 2015, Minn. Stat. § 245A.11, subd. 4, was
disabilities in their communities, but these
amended to clarify that the Commissioner of
policies are best implemented with minimal
Human Services is required to approve
encroachments on municipal zoning
licenses for “community residential settings”
authority and positive working relationships
within 1,320 feet of existing residential
between cities, care providers, and the state.
programs. A “community residential
On one hand, treating persons with setting” is commonly known as adult foster
disabilities differently generally raises care. While this was the original intent of
questionable issues of disparate treatment the legislature, statutory terms changed over
with the Federal Fair Housing Act. On the the years; this amendment was to make
other hand, without some regulation, cities various statutory references consistent.
are powerless to protect individuals with
In 2022, Minn. Stat. § 245A.11, subd. 2, was
disabilities from a clustering of residential
amended to temporarily allow licensed
programs within one neighborhood. As the
residential care services provided to more
Department of Justice has stated, while
than four people with developmental
density regulations are generally suspect, “if
disabilities in a supervised living facility,
a neighborhood came to be composed
including intermediate care facilities for
largely of group homes, that could adversely
people with developmental disabilities as a
affect individuals with disabilities and
permitted single-family residential use at an
would be inconsistent with the objective of
increased capacity of seven to eight people
integrating persons with disabilities into the
until July 2023. Cities that have zoning
community.” (Joint Statement of the
regulation already in place prohibiting this
Department of Justice and the Department
type of facility as a single-family residential
of Housing and Urban Development.)
use do not have to permit the use.
To this end, and in upholding a state and
Sufficient funding and oversight are needed
local dispersal requirement, the Eighth
to ensure that residents living in residential
Circuit Court of Appeals stated that the
programs have appropriate care and
requirement was designed to ensure that
supervision, and that neighborhoods and
people with disabilities “needing residential
residents of residential programs are not
treatment will not be forced into enclaves of
negatively impacted by high concentrations
treatment facilities that would replicate and
of these types of programs. As it stands now,
thus perpetuate the isolation resulting from
there is nothing preventing clustering of
institutionalization.” Familystyle of St. Paul,
residential programs in most cities in the
Inc. v. St. Paul, 923 F.2d 91, 95 (8th Cir.
state. Cities want to be part of the solution,
1991).
and more than anything cities desire to be,
City authority to regulate the locations of and should be, partners in serving the
residential programs is limited by state policies of deinstitutionalization. Cities
statute and the federal Fair Housing Act have an interest in, and are in the best
(FHA), although Minn. Stat. § 245A.11, position, to preserve a balance in residential
subd. 4, prohibits the Commissioner of neighborhoods between residential programs
Human Services from granting an initial and all other uses. Because Minnesota cities
Council Packet Page Number 266 of 430
J3, Attachment 2
are committed to inclusion of all individuals,
LE-15. Inclusionary Housing
it is in the best interest of the state, care
Issue: Provisions in current state statute
providers, and those individuals served, that
(Minn. Stat. § 462.358, subd. 11) allowing
all parties include cities as partners before
cities to enter into development agreements
opening a residential program to best plan
for the inclusion of a portion of the units in
for community integration.
the development to be affordable for low- or
In 2024, legislation was passed that
moderate-income families have been a
prohibited all cities from subjecting state
source of conflict between cities and
licensed group assisted living facilities
housing developers.
licensed under Minn. Stat. § 144G and
Cities are concerned builders that view this
Minn. Stat. § 245D.02 with six or fewer
statute as a restriction on local authority to
residents from any city-imposed rental
adopt policies that promote availability of
licensing requirements.
housing affordable to those who are unable
Response: Cities should maintain the
to purchase or rent housing at price points
statutory authority to require agencies, as
that the market alone provides.
well as licensed and registered providers
Response:The Legislature should:
that operate residential programs, to
notify the city before properties are
a) Strengthen and clarify cities’
operated. Cities should be provided with
authority to carry out policies that
the necessary contact information after a
offer developers a range of incentives
residential program is licensed or
in return for including a designated
registered. Providers applying to operate
number of affordable units in their
residential programs should be required
projects and clarify in statute that
to contact the city to be informed of
both statutory and charter cities have
applicable local regulations. Finally,
the option to collect a payment in lieu
licensing or registering authorities must
of the inclusion of affordable housing
be responsible for quickly responding to
units that can be directed to a local
life-safety issues within a property and
housing trust fund to support
issues that arise that impact surrounding
affordable housing preservation,
residents including the removal of any
development, and tenant stabilization;
residents incapable of living in such an
b) Identify strategies to ensure long-term
environment, particularly if they become
affordability of rental and owner-
a danger to themselves or others. The
occupied housing produced as a result
Legislature should recognize the
of such policies and practices
importance of city rental licensing
including expanding the parameters
requirements that ensure minimum life
of affordable housing restrictive
safety standards, hold providers
covenants to extend beyond 30 years
accountable, and protect residents. The
to ensure long-term affordability;
League supports repealing the legislation
c) Focus state housing policy to support
passed in 2024 that prohibited all cities
for local assessment of housing needs
from subjecting state licensed group
and direct additional state resources
assisted living facilities licensed under
and the full exercise of local authority
Minn. Stat. § 144G and Minn. Stat. §
to increase development of affordable
245D.02 with six or fewer residents from
rental units and access to entry-level,
any city-imposed life safety rental
owner-occupied housing; and
licensing requirements.
Council Packet Page Number 267 of 430
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d) Support voluntary measures to b) Support class-rate reduction for
encourage cities to adopt and carry community land trust properties
out land-use plans, activities, and equivalent to the existing 4d Low-
subdivision regulations aimed at Income Rental Classification so long
providing for construction and as the reduction in property taxes does
marketing of housing where a portion not result in an undue tax burden on
of all new units are affordable to other properties that will have to
lower-income households. accommodate the shift in property
taxes.
LE-16. Community Land Trusts
LE-17. Telecommunications and
Issue: The increasing price of land available
Information Technology
for housing development, particularly for
retaining affordability of housing for lower-
Issue: Telecommunications and information
income households, is a concern throughout
technology is essential public infrastructure
the state. Creating more permanently
for the efficient, equitable, and affordable
affordable, owner-occupied housing depends
delivery of local government services to
heavily on maximizing the cost-
residents and businesses.
effectiveness of taxpayer investments. The
Telecommunications includes voice, video,
Legislature has previously appropriated
data, and services delivered over cable,
funding and granted the Minnesota Housing
telephone, fiber-optic, wireless, and all other
Finance Agency authority to assist cities
platforms.
with funding community land trusts (CLTs)
Response:The League of Minnesota
for affordable housing.
Cities supports a balanced approach to
Currently, Land Trust properties have a tax
telecommunications policy that allows
classification of .75% and property owners
new technologies to flourish while
must pay property taxes based on the market
preserving local regulatory authority.
value of the property, which is assessed
Regulations and oversight of
relative to neighboring properties. However,
telecommunications services are
because land trust properties are to remain
important prerogatives for local
permanently affordable, land trust owners
government to advance and balance
can only receive a portion of the
community interests, including ensuring
appreciation of the value of the home when
public safety, ensuring equitable access,
a sale is made.
maintaining high quality basic services
that meet local needs, spurring economic
Response: The Legislature should:
development, and providing affordable
a) Support continuation of the land trust
rates to all consumers. Policies should
capacity-building program and
strengthen and not diminish local
provide capital start-up funds so
authority to manage public rights-of-way
community land trusts can continue to
including public and private
offer gap financing, interest rate
infrastructure, to zone, to collect
write-downs, predevelopment
reimbursement of costs and reasonable
financing, and financial underwriting
compensation for the use of public assets,
and explore other incentives for
or to work cooperatively with the private
homeowners to sell their properties to
sector. The League opposes the adoption
land trusts to build capacity; and
of state and federal policies that restrict
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cities’ ability to finance, construct, and broadband expansion through broadband
operate telecommunications networks. mapping and managing the state’s Border-
to-Border Broadband grant program, which
LE-18. Broadband
is funded by state general fund
appropriations and more recently funds
Issue: High-speed Internet is essential
authorized by the federal government for
infrastructure needed by cities to compete in
broadband deployment. In addition to the
a global economy. Yet many communities
state’s focus on extending broadband to
do not have access to broadband at
unserved areas, Minnesota must also be on
affordable prices. High fixed costs, low
the cutting edge for next-generation
density, and short-term return-on-investment
broadband investments and ensuring that
thresholds for private sector providers
Minnesota’s statutory speed goals in Minn.
contribute to the lack of broadband across
Stat. § 237.012 are updated to reflect
the state. Investing in universal broadband
emerging technologies and broadband use
access has substantial local and regional
trends. It is also critical that the state
economic benefits for communities of all
maintain authorization of stable general fund
sizes. Cities and other local units of
spending for broadband infrastructure
government are facilitating the deployment
deployment as a priority to address the
of broadband services to increase
state’s statutory speed goals and utilize state
connectivity, reliability, availability, and
resources to bolster federal broadband
affordability for residents, schools and
funding including the Broadband Equity
businesses through a variety of models,
Access and Deployment (BEAD) Program
including municipal broadband and public-
authorized by the fedral Infrastructure
private partnerships. However, attempts
Investment and Jobs Act of 2021.
have been made to restrict cities from
providing telecommunications services,
Response: To promote economic
particularly in unserved or underserved
development, education and achieve state
areas. Past court cases have overturned
broadband goals, the Legislature,
interpretation by the Federal
Governor’s office, and state agencies
Communications Commission (FCC) that
should:
states may not limit the extension of
a) Identify and implement actions for the
municipal broadband services from one city
state to reach and maintain a position
to another.
in the top five states for broadband
Due to the high costs of broadband
speed that is universally accessible to
infrastructure, the state continues to expand
residents and businesses;
its role to identify and formulate tools and
b) Make significant investments to the
provide resources to expand broadband
Border-to-Border Broadband Grant
access. The Office of Broadband
Program and continue to encourage
Development within the Department of
public/private sector collaboration
Employment and Economic Development
including options that use technologies
(DEED) has developed a strong partnership
such as wireless while remaining
through its efforts on broadband
consistent with the League’s Right-of-
infrastructure deployment and digital
Way Management policy to cost-
inclusion between the state, local
effectively expand broadband service
communities, and broadband providers to
access;
deploy high-speed Internet in unserved and
underserved areas. The Office supports
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c)Support measures to authorize and including wireless options. These
encourage cities and other local units maps are used by funders to
of government to play a direct role in determine grant program eligibility
providing broadband infrastructure making overstatement of available
and/or services; services highly consequential with
negative impacts for rural places;
d) Offer incentives to private sector
service providers to respond to local j) Recognize the crucial role of local
or regional needs and to collaborate government in the work of the
with cities and other public entities to Governor’s Broadband Task Force
deploy broadband infrastructure and fund the Office of Broadband
capable of delivering sufficient Development (OBD) and ensure base
bandwidth and capacity to meet budgets supporting OBD remain at
immediate and future local needs; levels sufficient for it to meet its
statutory mandates;
e)Adopt policies which seek to position
Minnesota as a state of choice for k) Support the creation of new policies
testing next-generation broadband and resources that improve
technologies;broadband adoption, hold internet
service providers receiving funding
f) Affirm that cities have the authority to
accountable, achieve significantly
partner with private entities to finance
higher broadband speeds, and support
broadband infrastructure using city
efforts to improve digital inclusion
bonding authority;
including the ability for cities to
g) Remove barriers that limit the ability
franchise broadband providers;
for the state to deploy Border-to-
On thefederal level, the League urges
Border Broadband grant funds in
Congress to adopt laws restoring the
areas that may be served by existing
ability of municipalities to extend beyond
or future federal broadband programs
their borders to serve unserved and
and those that restrict anti-
underserved areas. The League also urges
competitive practices, and prevent
Congress and the Federal
predatory action that prevent or
Communications Commission to
impede cities, municipal utilities,
structure federal broadband grant
schools, libraries, and other public
programs to work in conjunction with the
sector entities from collaborating and
state’s Border-to-Border Broadband
deploying broadband infrastructure
grant program and not prohibit state
and services at the local and regional
funding in areas that receive federal
level;
broadband assistance if those areas could
h) Supporting funding and efforts to
also benefit from state funding.
continuously update and verify
LE-19. Cable Franchising
comprehensive statewide street-level
Authority
mapping of broadband services to
identify underserved areas and
Issue: Municipal cable franchising has
connectivity issues;
resulted in equitable construction with cable
operators providing uniform quality of cable
i) Discuss how well the FCC and state
service and uniform cable pricing to city
broadband maps document actual
residents. Municipal franchising authorities
broadband coverage across Minnesota
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have acted to protect cable subscribers and that of the local broadcast stations,
have required cable operators to provide and ensuring programming is
public benefits, such as the construction of accessible and searchable by all
municipal networks and access channels. residents of the local authority
Communications systems not subject to through detailed Electronic
franchising in many areas have systems Programming Guide listings and
incapable of serving municipal residents other navigation and distribution
uniformly. Municipal cable franchising has technologies that are equivalent to
been the most successful authorization of that of local broadcast stations;
communications service providers with
d) Advancing legislation that dedicates
access to the public rights-of-way including
funding for municipal digital media,
equitable deployments resulting in uniform
such as a dedicated tax or fee on
quality of service, pricing and public
digital products
benefits.
e) Ensuring continued cost-effective local
Response: State and federal policy should
government access to capacity on
maintain local cable franchising authority
institutional networks (I-Nets)
and local oversight of the public rights-of-
provided by local cable system
way and the legislature and federal
operators for public safety
government should take all efforts
communications, libraries, schools,
necessary to update and improve
and other public institutions to use
municipal cable franchising authority in
state-of-the-art network applications;
all state and federal legislative and
and
regulatory proceedings to reflect market
f) Strengthening local authority to
trends and emerging technology.
enforce customer service standards
a) Maintaining provisions in Minn. Stat.
and transparency in pricing.
Ch. 238 that establish and uphold
local franchising authority, including
LE-20. Public Right-of-Way
the authority to receive a franchise fee
Management
based on gross revenues irrespective
Issue:Cities hold local rights-of-way in
of any in-kind contributions;
trust for the public as an increasingly scarce
b) Refraining from adopting any FCC
and valuable asset. As demand increases for
rule changes that would further
use of public rights-of-way (PROW), cities
restrict existing local authority to
must coordinate the use of this resource
charge for and control access to public
among competing uses and to manage the
rights-of-way by all video and cable
use of the PROW for delivery of essential
service providers;
municipal utility services. Cities continue to
experience increased demand for space in
c) Maintaining local authority to charge
the PROW including the siting of
fees on providers to ensure the
underground wired and overhead wireless
provision of public, educational,
facilities and sites for wireless
governmental (PEG) programming,
communications. Additionally, technology
and interactive technologies to require
located in the public right-of-way will
the provision of video channels and
continue to support the increase of new
video streaming for PEG
modes of mobility and delivery methods
programming with video and audio
including Connected Autonomous Vehicles
quality/channel location equivalent to
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(CAV) that may also operate in the public g) Ensure the removal of abandoned
right-of-way. While local management equipment and accompanying support
responsibilities vary and are site specific, the structures by the service providers
increased demand for utilizing space in the from the public right-of-way;
public right-of way underscores the
h) Maintain the courts as the primary
necessity for maintaining local authority.
forum for resolving disputes over the
Response: State and federal policymakers exercise of such authority;
and regulators should:
i) Maintain existing local authority to
a) Support municipal authority to review and approve or deny plans for
manage and protect public rights-of-installation or relocation of additional
way, including franchising, reasonable wires or cables on in-place utility
zoning and subdivision regulation, poles. In the alternative, cities should
reasonable regulations of structures in have broader authority to require the
the public right-of-way, and the underground placement of new and/or
exercise of local police powers; existing services at the cost of the
utility or telecommunications
b) Recognizethat cities have a
provider;
paramount role in developing,
locating, siting, and enforcing utility j) Support the collaboration with local
construction and safety standards; units of government as the state
explores efforts to expand
c)Support municipal authority to
infrastructure in the public right-of-
franchise all service providersthat site
way to provide for increased
infrastructure in the public right-of-
connectivity for Connected
way and ensure local authority to
Autonomous Vehicles (CAV).
control use of public rights-of-way.
LE-21. Wireless Infrastructure and
d) Support legislation to authorize
Equipment Siting
Minnesota cities to franchise
broadband providers and to receive
Issue: Demand for wireless communication
franchise fees under Minn. Stat. Sec.
service has increased requests by private and
222.37 and 116J.399, Subd. 8 and such
public sector providers to site additional
other statutes as necessary.
towers, antennas, small cells and other
facilities in cities. It is anticipated that
e)Encourage a collaborative process
applications to install small cell wireless
with stakeholders, including cities, to
facilities and distributed antenna systems
determine any revised standards if
(DAS) will continue to grow as technology
needed;
evolves over time. Despite changes made to
f) Recognize that as rights-of-way
Minn. Stat. § 237.163 that created a special
become more crowded, the costs of
process for the siting of small wireless
disrupting critical infrastructure
facilities, maintaining cities’ local zoning
become evident and the exercise of
authority and police power to manage and
local authority to manage competing
coordinate the siting of these facilities
demands and ensure public safety in
continue is necessary and appropriate.
the PROWs becomes increasingly
Response: Cities must continue to exercise
important;
full authority to consider public health,
safety, and welfare concerns in
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J3, Attachment 2
responding to requests to site, upgrade or
unnecessary restrictions on a city’s ability to
alter wireless facilities. The Legislature, work with non-profit development
Federal Communications Commission
corporations. Local governments should
(FCC), and Congress should not place have the flexibility to work with outside
further restrictions on city authority to organizations if local elected officials
manage the siting of wireless facilities in believe it is in the best interest of their
the public right-of-way nor enact communities to do so. Such appropriations
compensation restrictions that would are subject to the same budgetary oversight
result in local government subsidization as other government expenditures, and local
of wireless providers. Furthermore, cities elected officials are ultimately responsible to
must have recourse to require removal by the voters for how local tax dollars are
the provider of equipment deemed spent.
abandoned.
Response:The Legislature should amend
Minn. Stat. § 469.191 to eliminate or
LE-22. County Economic
increase the cap on appropriations to
Development Authorities
incorporated development societies or
Issue: The 2005 Legislature authorized all
organizations.
counties outside the metropolitan area to
LE-24. Workforce Readiness
establish county economic development
authorities (EDAs). Minn. Stat. § 469.1082
Issue: Incumbent worker training and
provides specificity on certain process and
education must be an important component
limitations issues, including the ability of
of Minnesota’s efforts to improve workforce
cities to prohibit the county EDA from
readiness. By making firms and employees
operating within the city as well as within an
more competitive, incumbent worker
agreed-upon urban service area or within a
training can increase wages, increase
distance approved during the formation of
employment opportunities, fill skilled
the county EDA. County EDA activity in
worker gaps, and keep jobs and employers
areas surrounding cities will directly impact
in their communities. The Minnesota Job
the adjacent city in terms of service
Skills Partnership is one proven tool that
provision and taxes.
provides training to thousands of incumbent
workers each year.
Response: The Legislature should require
city approval for proposed county EDA
Response: The Legislature should:
activities within two miles of a city.
a) Fully fund the Minnesota Job Skills
LE-23. Local Appropriations to
Partnership and other workforce
training programs administered by
Economic Development
the Department of Employment and
Organizations
Economic Development, the
Issue: Cities and towns are allowed to
Department of Human Services, and
appropriate up to $50,000 per year from
the various education agencies;
general fund revenue to an incorporated
b) Provide additional flexible funding to
development society or organization for
local workforce councils, including
“promoting, advertising, improving, or
governments and educational
developing the economic and agricultural
facilities, for the purpose of upgrading
resources” of the city or town. The $50,000
the skills and productivity of the
cap has been in place since 1989 and places
workforce, and pursue additional
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creative programming and funding to and make adjustments to the
prepare and place underemployed administration of the program as
and unemployed Minnesotans, as well necessary. The League supports
as address the issue of those phasing Department of Employment and
out of the workplace and retiring;Economic Development (DEED) studying
and making recommendations on
c) Provide additional funding for
methods to improve the geographic
programs specifically designed to
balance of recipients, by allowing the use
address youth employment such as
of additional evaluation criteria beyond
career and workforce readiness
the current job creation goal such as
programs, and employment
providing higher-wage jobs or achieving
disparities; and
racial equity policy goals. that would
d) Continue to support cities that
allow all regions of the state to better
provide workforce programs that are
prosper.
coordinated with and complement
LE-26. Remediation and
state and regional efforts by seeking
Redevelopment
municipal approval before making
any changes to those service areas.
Issue:Communities across Minnesota are
faced with expensive barriers to re-using
LE-25. Business Development
property. These roadblocks include
Programs
deteriorating, obsolete, and vacant
Issue: Programs such as the Minnesota
structures, and contaminated land.
Investment Fund (MIF), the Job Creation
Larger scale redevelopment projects often
Fund (JCF), the Redevelopment Program,
require the purchase and assembly of
and contaminated site clean-up grants
multiple, smaller parcels of land that are not
provide funding opportunities for
suitable for development on their own.
communities and businesses to develop their
Cities and development authorities may
local and regional economies. These well-
need to purchase land over a period of years
utilized programs create infrastructure,
and hold them for later development,
revitalize property, and help businesses
reducing the effectiveness of traditional
generate and expand jobs. Cities are key
financing tools that require immediate
facilitators in the implementation of
development.
economic development strategies through
land use and other policies. Such barriers pose significant problems for
cities seeking to re-use existing
Response: The League of Minnesota
infrastructure, maintain and improve
Cities supports continued and sustainable
property tax base, provide jobs and housing
funding for the Minnesota Investment
opportunities, and preserve historic
Fund and the Job Creation Fund to assist
structures. Land remediation activities are
local communities and businesses in
particularly costly because significant
creating, growing, and retaining jobs. The
remediation must occur before private-sector
Legislature should also provide dedicated
interest can be generated. Exacerbating this
and sustainable funding for the
situation, the land remediation programs
Redevelopment Grant and Demolition
administered by the Department of
Loan Program.
Employment and Economic Development
DEED should solicit input from cities
about how best to implement the Fund,
Council Packet Page Number 274 of 430
J3, Attachment 2
(DEED) and the Metropolitan Council program’s age limit qualifications under
programs continue to be underfunded. Minn. Stat § 273.11, subd. 19, should be
modified to include properties that are at
Response: In recognition of the unique
least 30 years old.
needs of land remediation projects
statewide, the Legislature should increase The League is supportive of recent
funding for the statewide redevelopment extensions to the Minnesota Historic
account. The League of Minnesota Cities Structure Tax Credit in Minn. Stat. §
also supports the creation of a land 116J.8737, which provides a 20 percent
assembly grant or loan program to assist tax rebate for rehabilitation of qualified
cities and economic development historic buildings. However, the
authorities with the challenge of Legislature should eliminate the sunset
assembling small parcels for provision of the tax credit to provide
redevelopment. The League supports certainty to cities and their project
competitive programs administered by developer partners to proceed with
DEED that distribute the funds equitably historic redevelopment projects that are
between greater Minnesota and the metro complex and time consuming.
area. The Legislature should continue its
LE-27. Development Authority
support and increase funding levels for
Levy Limits
state and regional programs to assist in
contamination cleanup and brownfields
Issue: Under Minn. Stat. § 469.107, §
remediation efforts.
469.033, and § 469.053, Economic
Development Authorities (EDAs), Housing
The State should recognize that the
and Redevelopment Authorities (HRAs) and
rehabilitation of land due to obsolescence
port authority levies for economic
or incompatible land uses is a component
development activities are capped. These
of redevelopment. The Legislature should
limits can hinder the planning of future
amend the definition of redevelopment
development.
district in Minn. Stat. § 469.174, subd. 10,
to include the obsolescence and
Response:The Legislature should
incompatible land uses included in a
increase or repeal levy limits or increase
renewal and renovation district (Minn.
the levying authority for EDA, HRA, and
Stat. § 469.174, subd. 10a), thereby
port authority activities in Minn. Stat. ch.
providing cities with more flexible tools to
469.
address land remediation and
LE-28. Tax Increment Financing
redevelopment.
(TIF)
The Legislature should also revive a
Issue: TIF is the most important tool
program similar to “This Old Shop”
available to fund community development
(Minn. Stat. § 273.11, subd. 19), which
and redevelopment efforts. Over time, the
would allow cities greater flexibility in
TIF law has become increasingly complex
targeting commercial development and
as the Legislature seeks to provide cities
redevelopment. The Legislature should
with the resources to grow the state’s
consider enacting authority that would
economy while maintaining limits on the use
provide a tax deferral on improvements
of property taxes. Cities need greater
to commercial buildings, including those
flexibility to use TIF for community and
located in designated rehabilitation or
economic development that support a city’s
historic preservation districts. The
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residents and businesses. Further authorities greater flexibility in the
restrictions of TIF would render the tool less use of lease revenues to fund ongoing
effective and will hinder local efforts to operations;
support job creation, housing,
f) Expand the use of TIF to assist in the
redevelopment and remediation.
development of technological
The need for flexibility has been accentuated infrastructure and products,
due to the pandemic economic downturn biotechnology, research, multi-modal
which has dramatically slowed existing transportation and transit-oriented
projects that must continue to comply with development, restoration of
statutory timelines. Many projects will have designated historic structures, non-
difficulty meeting time-line requirements retail commercial projects, and non-
such as the five-year rule without special wetland areas where unstable/non-
legislation authorization.buildable soils exist;
Further restrictions of TIF would render the g) Increase the ability of TIF to facilitate
tool less effective and will hinder local redevelopment and housing activities;
efforts to support job creation, housing,
h) Modify the housing district income
redevelopment and remediation.
qualification level requirements to
Response: The Legislature should not allow the levels to vary according to
enact future TIF law restrictions, rather individual communities;
the Legislature should:
i) Encourage compact development and
a) Modify Minn. Stat. 469.174, subd. 10, consider reauthorization of compact
to allow a redevelopment district to be development TIF districts with
established where only 50 percent of modifications to increase their
the buildings are required to be effectiveness;
structurally substandard to a degree
j) Discourage any statutory mechanisms
requiring substantial renovation or
that directly or indirectly decrease the
clearance.
impact of city redevelopment and
b) Clarify that expenditures for the economic development projects;
necessary maintenance of properties
k) Simplify the substandard building test
within TIF districts are an allowable
to resolve ambiguities and reduce the
use of tax increment under Minn. Stat.
continued threats of litigation;
§ 469.176, subd. 4;
l) Create an exception to the interfund
c) Allow term extensions for
loan resolution requirement in Minn.
redevelopment districts which are
Stat. 469.178, subd. 7, to authorize the
taking longer to develop;
development authority to delegate to a
d) Amend Minn. Stat. § 469.1763, subd. staff person the ability to set the terms
3, to eliminate the “Five-year Rule” and conditions of an interfund loan.
for districts that are taking longer to
m) Amend the definition of
develop;
redevelopment district under the TIF
e) Amend Minn. Stat. § 469.174, subd. Act to include the obsolescence and
25, to provide time limits on the incompatible land uses included in a
"deemed increment" created by land renewal and renovation district,
sales, leases and loans, and allow thereby providing cities with more
Council Packet Page Number 276 of 430
J3, Attachment 2
flexible tools to address land a) Expand the abatement authority to
remediation and redevelopment.allow abatement revenues to be used
for economic development activities
n) Amend Minn. Stat. 469.1763 subd. 2
such as workforce readiness and
to provide development authorities
assistance programs, and technology
greater flexibility to address local
infrastructure improvements;
housing needs by removing section 42
requirement for housing projects b) Develop a state fund to facilitate state
outside the district. participation in abatement projects by
allowing the state property tax to be
LE-29. Property Tax Abatement
abated;
Authority
c) Increase funding caps under Minn.
Issue: Although tax increment financing
Stat. § 469.1813, subd. 8 and duration
(TIF) continues to be the primary financing
limits under Minn. Stat. § 469.1813,
mechanism for local development projects,
subd. 6; and
tax abatements provide cities with an
d) Amend Minn. Stat. § 469.1813, subd.
important, additional economic development
5, to create a streamlined notice and
tool. Recognizing the need for municipal
hearing requirement for multi-
development tools, the 2008 Legislature
jurisdictional tax abatement projects.
expanded the abatement authority by
converting the limit on abatements from ten
LE-30. Revisions to the OSA Audit
percent of the current tax levy to ten percent
Function
of net tax capacity.
Issue: Pursuant to Minn. Stat. § 469.1771,
The tax abatement law requires that a
the Office of the State Auditor (OSA) is
political subdivision may only approve an
responsible for tax increment financing
abatement after holding a public meeting
(TIF) oversight. As part of its review of TIF
with a minimum of 10 days published public
districts, the OSA identifies alleged
notice. When more than one political
violations of the TIF laws and issues
subdivision abates property taxes for a
noncompliance notices to TIF authorities. In
development project, there must be separate
recent years, a number of cities have
notices and hearings for each subdivision.
received letters of inquiry from the OSA that
This requirement can be particularly
raise questions about practices long accepted
burdensome for programs designed to
by the OSA or limit statutory definitions that
develop multiple properties over an
have not been amended by the legislature for
extended period of time. If one political
over a decade. The audit power in Minn.
subdivision could be designated as the lead
Stat. § 469.1771 is necessary to ensure that
entity for purposes of the notice and hearing
individual cities comply with the TIF
requirements, such projects could be made
statutes, but is not effective in clarifying the
more efficient without sacrificing public
legislative intent of the TIF statutes.
transparency.
In addition, the TIF statute requires that
Property tax abatements should not be
authorities respond to noncompliance
considered a replacement for TIF.
notices within 60-days of receiving the
Response: In light of current economic notification. There is no deadline for the
conditions existing property tax OSA to respond, and authorities often do not
abatement authority should be receive timely responses on the matter from
strengthened. The Legislature should: the OSA. Government agencies typically
Council Packet Page Number 277 of 430
J3, Attachment 2
have response-time deadlines, and it is whether the authority to resolve such
appropriate for the OSA to respond by a disputes should be shifted from county
time certain to provide finality to the audit attorneys to the Office of Administrative
process. Any final disposition notice must Hearings.
be clear about the final disposition of the
LE-31. OSA Time Limitations
matter.
Issue:The Office of the State Auditor
Finally, the statutory audit enforcement
(OSA) has the authority to issue
process does not create an environment
noncompliance notices for every existing tax
where these policy questions can be fairly
increment financing (TIF) district in the
and sufficiently resolved. County attorneys
state for alleged violations of the TIF laws.
lack the resources to prioritize TIF disputes
This authority extends retroactively to the
and lack the subject matter expertise needed
inception of the district. Accordingly, TIF
to analyze the merits of the OSA’s audit
authorities can receive noncompliance
findings. This results in excessive deference
notices for alleged violations that occurred
granted to the OSA’s original audit findings.
20 or more years ago. Often, staff and
Faced with the potential loss of increment,
record-keeping procedures have changed,
payment of attorney fees, and small
and TIF authorities find it difficult to
likelihood of success on the merits, cities
reconstruct the past in order to identify and
often acquiesce to the OSA to save time and
remedy these situations. Similarly, the OSA
money.
claims the authority, based on the state’s
Response: The League of Minnesota
records retention schedule, to audit TIF
Cities believes there should be a more
districts for up to 10 years after
defined process to establish rules or
decertification, which requires cities to
guidelines for TIF authorities with
expend staff resources to maintain files and
adequate input from local government
a working knowledge of old districts for an
officials and public finance professionals
unreasonable period of time.
prior to their adoption.
Response: A reasonable timeframe within
In the event that the OSA determines to
which alleged violations are identified
issue a final noncompliance notice to a
should be established. The Legislature
TIF authority, the Legislature should
should reasonably restrict the OSA’s
require the OSA to issue the notice within
ability to issue noncompliance notices to
60 days of receiving the authority’s
the six-year period prior to the notice’s
response. Any final noncompliance notice
issuance date. The Legislature should also
should contain the OSA’s final position
require the OSA to conduct any audits on
on the matter, the date upon which it
decertified districts within one year of
forwarded the matter to the county
decertification.
attorney, and the next steps that are
LE-32. Workforce Housing
required to be taken according to state
law. Upon expiration of the 60-day
Issue: Job creation is one of the
period, the authority should be deemed to
fundamental goals of economic
be in compliance with the TIF laws if no
development. When employers create new
final noncompliance notice is received.
jobs through expansion or relocation there
must be sufficient housing in the host
In order to ensure a fair process to
community for the new workers and their
resolve disputes over TIF findings of the
families to live. In rural communities, a lack
OSA, the Legislature should consider
Council Packet Page Number 278 of 430
J3, Attachment 2
of housing stock for new workers can subd. 3, county and school boards must
prevent a planned expansion or relocation, approve the TIF plan before it is enacted and
hampering job growth and economic the authority sunsets in 2027. These
development. The economics of building a additional requirements specific to
housing development in greater Minnesota workforce housing TIF districts put
communities makes private development additional barriers on workforce housing
difficult, and workers with higher paying development and does not fully recognize
jobs do not qualify for traditional affordable the role of cities as the typical lead
housing. This housing gap can bring government entity on housing projects.
development and job growth in a community Minn. Stat. § 469.175, subd. 2, currently
to a halt. requires cities to provide the county auditor
and clerk of the school board with the
In 2014, at the urging of cities through
proposed TIF plan and an estimate of the
Minnesota, the Legislature created a
fiscal and economic implications of the
workforce housing pilot program for three
proposed TIF district at least 30 days before
cities in Roseau and Pennington Counties. In
the public hearing required by Minn. Stat. §
2015 the Legislature passed League-
469.175, subd. 3. The county auditor and
sponsored legislation that created the
school board shall provide copies of these
workforce housing development program
TIF plan materials to members of their
and appropriated $4 million to the
boards. These current requirements provide
Department of Employment and Economic
sufficient notice to taxpayers and other
Development (DEED) to administer the
government entities about proposed TIF
program. Once grant awards from DEED
districts.
were made, prevailing wage requirements,
construction costs, and land prices have Response: The League of Minnesota
shown to lessen the effectiveness of creating Cities supports additional tools for local
more workforce housing units. It is communities to develop workforce
important to ensure the appropriate housing:
resources and process exist for the
a) MHFA should solicit input from local
Department of Labor and Industry (DLI) to
communities to ensure that the goals
determine representative and accurate
of the Workforce Housing
prevailing wage amounts in different areas
Development Program are met, and
across the state.
MHFA should award funds to eligible
The 2017 Legislature approved funding for projects as quickly and efficiently as
the Workforce Housing Grant Program at $2 possible;
million each year. The program was moved
b) The Legislature should increase
from DEED to be administered by MN
funding to the Economic Development
Housing Finance Agency (MHFA) in Minn.
and Housing Challenge Program to
Stat. 469A.39 with a change in
aid housing in support of job growth,
qualifications that gives preference to cities
and amend Minn. Stat. § 462A.33 to
under 30,000 population (rather than 18,000
either increase or eliminate the
previously).
maximum income levels for
The 2017 Legislature also approved a new participation in the program; and
use of TIF authority for workforce housing
c)The Minnesota Housing Finance
(Minn. Stat. § 469.174-176). In addition to
Agency should make administrative
requirements under Minn. State. 469.175,
changes to the Economic Development
Council Packet Page Number 279 of 430
J3, Attachment 2
and Housing Challenge Grant
and current tools are not well-suited for the
program to streamline the application creation of public spaces, enhancement of
process, reduce the per-unit cost of
infrastructure, and investments such as
constructing affordable housing, and parking ramps that are necessary
increase the construction of affordable components of a transit-oriented
rental units at 80% of median income development plan.
and owner-occupied units at 115% of
In 2008 the Department of Employment and
median income, as currently allowed
Economic Development (DEED) was
by state and federal law; and
authorized to establish Transit Improvement
d) The Legislature should modify the Areas, which should complement long-term
statewide housing tax credit to more transportation planning initiatives such as
effectively spur development of MAP-21 and Minnesota GO. Transit
workforce housing by removing Improvement Areas include parcels of land
income restrictions for projects in that are located in part within one-half mile
Greater Minnesota and allowing of a transit station. A transit station is
individual contributions to be eligible defined as a physical structure or designated
for donation to a city’s local housing area which supports the interconnection of
trust fund. various transportation modes, including light
rail, commuter rail and bus rapid transit, and
e)The Legislature should scale the
which promotes and achieves the loading,
Workforce Housing Development
discharging and transporting of people. The
Program to account for the additional
commissioner of DEED may designate a
cost associated with the prevailing
Transit Improvement Area if it will increase
wage requirements.
the effectiveness of a mass transit project by
f) The Legislature should streamline the
incorporating one or more modes of public
provisions in Minn. Stat. § 469.175,
transportation with commercial and housing
subd. 3 required of cities to establish a
development, as well as providing a clean
workforce housing TIF district
and pleasant place for pedestrian use. DEED
including eliminating the provision
has designated over 50 Transit Improvement
that requires a city to determine
Areas; all but two are located in the seven-
average vacancy rates and county
county metropolitan area. Although the
board and school board approval for
language passed and was signed into law by
a workforce housing TIF plan before
the governor (Minn. Stat. § 469.35), there
it is enacted and the Legislature
was no funding put into place to implement
should also eliminate the sunset of the
the new program.
workforce housing TIF authority.
Response: The League of Minnesota
Cities urges the Legislature to increase
LE-33. Development Along Transit
the ability of traditional economic
Corridors
development tools, including tax
Issue: While the establishment of transit
increment financing, tax abatement, and
lines and corridors provide the impetus for
special service districts, to address the
economic development, there are limits to
needs of transit-oriented development.
existing development tools that hinder full
The League encourages the Legislature to
development of transit corridors. For
appropriate bonding and general fund
example, acquisition of land outside of the
dollars for revolving loans and grants to
line but within the corridor can be difficult,
fund the TIA program. Additionally, the
Council Packet Page Number 280 of 430
J3, Attachment 2
Legislature should consider adding park projects that address safety needs or provide
and ride facilities to the list of qualifying regional economic benefits.
transportation modes, as defined in Minn.
Response:The League of Minnesota
Stat. § 469.351. Because the majority of
Cities supports limiting greenhouse gas
the DEED-designated Transit
emissions and vehicle miles traveled
Improvement Areas are currently located
assessments to the trunk highway system.
in the seven-county metropolitan area,
The requirements should continue to be
increased funding for this program will
administered and managedon a
not be balanced between greater
programmatic, or statewide, level versus
Minnesota and the metro area. Additional
at the project level to best encourage
funding for this program should not
investment in transit and other projects
change the overall balance of state
that provide the greatest return on
funding between greater Minnesota and
investment while also not unduly
the seven-county metropolitan area.
burdening Greater Minnesota projects
where mitigation efforts may not be as
LE-34. Greenhouse Gas Emissions
efficient or implementable. The League
and Vehicle Miles Traveled
also supports removing the vehicle miles
Assessment Requirements on
traveled assessments as a requirement
Trunk Highway Projects
when a project improves greenhouse gas
emissions. In Greater Minnesota, where
Issue: For all grade separation and capacity
feasible transit solutions do not uniformly
improvement projects on the trunk highway
exist, there must be reasonable
system that are not in the Statewide
alternatives for greenhouse gas emissions
Transportation Improvement Program
offsets. New interchanges should be
(STIP) or have not submitted a layout to the
exempt from both assessments when the
Minnesota Department of Transportation
project provides economic benefits. Safety
(MnDOT) for approval by February 2025,
improvement projects aimed at reducing
state statute requires assessments of
fatalities should also be exempt due to
greenhouse gas emissions and vehicle miles
public safety benefits. Finally, the League
traveled. The law applies to capacity
supports state funding for mitigation
improvement projects with a cost of $15
projects so mitigation/offsets will not have
million or more in the metro area and $5
to be included in the cost of the project.
million or more in Greater Minnesota. If the
project is not in conformance with
LE-35. Authority to Create Public
established greenhouse gas emissions and
Infrastructure Utilities
vehicle miles traveled reduction targets,
there must be a change in the scope or
Issue: Successful economic development
design of the project, sufficient impact
efforts and community stability are
mitigation on the statewide system and a
dependent upon a city’s ability to make
revised assessment. If these conditions are
infrastructure investments. Current
not met, the project must be halted and
infrastructure funding options available to
disallowed from inclusion in the STIP. The
cities are inadequate and unsustainable.
requirements in this law will significantly
Funding pressures have been exacerbated by
increase costs on important future highway
levy limits, unallotment and reductions in
expansion and interchange projects in
the local government aid and market value
Minnesota. Further, the law does not exempt
homestead credit programs. The existing
special assessment law, Minn. Stat. ch. 429,
Council Packet Page Number 281 of 430
J3, Attachment 2
does not meet cities’ financing needs general funding shift from the state to
because of the special benefit requirement. local governments for building and
The law also requires a bond election unless maintaining necessary infrastructure; the
a minimum of 20 percent of such a project benefits to all taxpayers of a properly
can be specially assessed against affected maintained public infrastructure; and,
properties due to the increase in fair market the limitations of existing special
value or “benefit” from the project. In assessment authority.
practice, however, proof of increased
LE-36. Adequate Funding for
property value to this degree of benefit can
Transportation
rarely be proven from regular repair or
replacement of existing infrastructure such
Issue:A well-coordinated state
as streets or sidewalks. Alternatives to the
transportation policy utilizing all modes of
Minn. Stat. ch. 429 methods for financing
transportation in moving passengers and
infrastructure improvements are nearly
freight will enhance the state economic
nonexistent.
development of new and expanding business
as well as foster additional tourism
The Legislature has given cities the
opportunities.
authority to operate utilities for waterworks,
sanitary sewers, and storm sewers. The
Response:More resources must be
storm sewer authority, established in 1983,
dedicated to all components of the state’s
set the precedent for a workable process of
transportation system, and local units of
charging a use fee on a utility bill for a city
government must have access to resources
service infrastructure that is of value to
and funding tools to meet growing needs.
everyone in a city. Similar to the storm
The League of Minnesota Cities supports:
sewer authority, a transportation or sidewalk
a) Development of a comprehensive state
utility would use technical, well-founded
transportation policy which provides
measurements and would equitably
an environment where all modes of
distribute the costs of local infrastructure
transportation (motor, rail, air, water
services.
and pipeline) complement each other
Response: The Legislature should
in moving passengers and freight
authorize cities to create, as a local
within the state.
option, additional utilities such as a
b) Increased dedicated and sustainable
transportation or sidewalk utility, that
state revenue source for non-
ensure funding for the maintenance of
municipal state aid city streets.
these public amenities. Additionally,
whether established as a new chapter of
c) MVST distribution of 60 percent for
law or added to the list of service charges
roads and bridges and 40 percent for
in Minn. Stat. § 429.101, cities should be
transit.
able to impose service charges against
d) A permanent increase in the gas tax.
property to ensure the maintenance and
e) Trunk highway bonding provided the
safety of the right of way for all
Legislature implements reasonable
Minnesotans without having to prove an
restrictions on the amount of debt
increase in fair market value or having to
service the state will incur, and
determine whether those contributing to
provided the Legislature appropriates
the utility fund are taxable or tax-exempt.
funding to assist with local costs
Such authority would acknowledge the
effects of repeated levy limits and the
Council Packet Page Number 282 of 430
J3, Attachment 2
related to projects funded with trunk tolling mechanisms for funding of
highway bonds. maintenance and construction (where
feasibility studies indicate the
f) General obligation bonding for local
program is appropriate).
roads and bridges, particularly for
routes of regional significance.
LE-37. Turnbacks of County and
State Roads
g) A sales tax increase dedicated to
transportation.
Issue: As road funding becomes
increasingly inadequate, more roads are
h) Funding to assist cities burdened by
being “turned back” to cities from counties
cost participation responsibilities
and the state.
imposed by improvement projects on
the state’s principal arterial system
Response: Turnbacks should not occur
and on the county state aid highway
without direct funding or transfer of a
(CSAH) system.
funding source. A process of negotiation
and mediation should govern the timing,
i) Funding for transportation
funding, and condition of turned-back
components of economic development
roads. Agreements should be negotiated
and redevelopment projects.
and finalized before work on a project
j) Full funding for all components of
requiring a turnback begins. City
state highway projects, including
taxpayers should receive the same
related stormwater management
treatment as township taxpayers. The
systems, through state sources.
requirement for a public hearing,
k) Establishment of a “Mainstreets
standards about the conditions of
Fund” to assist cities with non-
turnbacks, and temporary maintenance
transportation related components of
funding should also apply to county
trunk highway projects such as utility
turnbacks to cities. At a minimum, roads
upgrades and improvements that
that are proposed to be turned back to a
contribute to economic development.
city government should be brought up to
the standards of the receiving
l) Funding to build roads to standards
government, or that city should be
that can accommodate the year-round
compensated with a direct payment.
transport of heavy loads.
Direct funding should be provided for
m) A sales tax exemption for materials
smaller cities that are not provided with
purchased for state and local road,
turnback financing through the
bridge, sidewalk, trail and transit
municipal state aid system.
construction projects.
LE-38. MnDOT Rights-of-Way
n) Authority for cities to impose
Maintenance
development impact fees for
Issue: Maintenance of property, including
transportation infrastructure.
government property and facilities, is
o) Local funding options that would
important to public safety and to the image
allow cities to raise revenues for
of Minnesota cities. Cities are acutely aware
roads, bridges, sidewalks, trails, and
of the responsibility they have for enforcing
transit.
property maintenance codes pertaining to
p) Expanded use of alternative revenue
grass mowing, noxious weed abatement, the
sources such as MnPASS and other
Council Packet Page Number 283 of 430
J3, Attachment 2
placement of trash in yards and fence
over 5,000 (155 of 855 cities). This means
maintenance. almost 85 percent of municipal streets are
ineligible for municipal state aid (MSA)
Minnesota has many miles of highways that
funds and must be paid for with property
run through cities. In recent years, the
taxes and special assessments. Funding
Minnesota Department of Transportation
challenges are compounded by city cost
(MnDOT) has cut a substantial percentage
participation requirements in state and
of its rights-of-way management staff. The
county highway projects, which divert
cuts have resulted in reduced maintenance
resources from city-owned streets.
along some corridors and on parcels
acquired by MnDOT for transportation Recognizing the unique street funding needs
purposes. Specifically, MnDOT has reduced in cities under 5,000 population, the 2015
the frequency of mowing, litter collection, legislature created the Small Cities
noxious weed abatement, graffiti abatement Assistance Account (Minn. Stat. § 162.145).
and repair of fences and guard rails. This Funds in the account are distributed through
maintenance reduction has created public a formula to all cities under 5,000
safety concerns, undermined efforts to keep population for street maintenance and
corridors attractive and presented challenges reconstruction.
for communities working to promote
Maintenance costs increase as road systems
economic development.
age, and no city--large or small—is
Response: MnDOT must maintain state spending enough on roadway capital
rights-of-way and parcels acquired by improvements to maintain a 50-year
MnDOT for transportation purposes lifecycle. For every one dollar spent on
located within city limits in a manner maintenance, a road authority--and therefore
consistent with local ordinances taxpayers--save seven dollars in repairs.
governing the upkeep of private property
In 2023 the legislature created the
when requested by the city. Alternatively,
Transportation Advancement Account,
MnDOT should reimburse Minnesota
which will provide ongoing funding for the
cities for the labor, supplies, and
Small Cities Assistance Account and a new
equipment necessary to maintain state
Larger Cities Assistance Account. The
rights-of-way to meet city standards
revenues for this account have not yet been
and/or minimize public safety hazards.
collected, and there will be a delay of
The Legislature must provide MnDOT
approximately two years before meaningful
with adequate funds to maintain state
amounts of funding flow to these accounts.
rights-of-way.
Response: City streets are a separate but
LE-39. Funding for Non-Municipal
integral piece of the network of roads
State Aid City Streets
supporting movement of people and
goods. Cities need greater resources and
Issue: Minnesota has over 141,000 miles of
flexible policies in order to meet growing
roadway, and more than 22,500 miles—or
demands for street improvements and
16 percent--are owned and maintained by
maintenance. The League of Minnesota
Minnesota’s 855 cities.
Cities supports:
The Minnesota Constitution limits eligibility
a) Increased dedicated and sustainable
for dedicated Highway User Tax
state funding for non-MSA city streets
Distribution Fund dollars to up to twenty
in large and small cities statewide;
percent of streets in cities with populations
Council Packet Page Number 284 of 430
J3, Attachment 2
b) One-time funding for the Small Cities factors including a disproportionate number
Assistance Account and the Larger of trunk highway lane miles in some
Cities Assistance Account to bridge communities, the high cost of some projects,
the gap between when the or tax base challenges that may limit the
Transportation Advancement Account financial ability of some cities to pay. Cost
was created and when funds will participation obligations can consume the
reach the account; finances or debt capacity of communities for
many years, especially because impacted
c) enabling legislation that would allow
cities largely have no say in the timing of
cities to create street improvement
projects. Furthermore, regional agencies are
districts (similar to sidewalk
mainly focused on facilitating travel and
improvement districts already allowed
commerce through--and not into--a local
under Minn. Stat. § 435.44); and
community. Trends in cost share policies,
d) the creation of a new fund that would
including ownership and long-term
provide grants to cities burdened by
maintenance of regional assets, continue to
cost participation requirements
add to the local burden every time a cost
related to trunk highway and county
share policy is updated or developed.
state-aid projects.
Response: The League of Minnesota
Cities supports flexibility in, or exemption
LE-40. City Cost Participation on
from, cost participation policies when a
State and County Roads
city cannot meet cost share obligations
Issue: When municipal state aid (MSA)
due to unique circumstances. The League
eligible cities (those with populations
calls for special or additional funding for
greater than5,000) face significant cost
cities that have burdens of additional cost
participation requirements related to state
participation in projects involving state
and county road projects, they commonly
and county roads including the placement
dedicate all or large portions of their
of underground utilities due to those
available MSA to meet cost participation
projects
obligations. When this happens, MSA funds
LE-41. Authority to Allow
are not available for use on the MSA system
within the city, and local taxpayers must
Amenities in MnDOT Rights-of-
fully fund their own local roads and
Way
stormwater infrastructure. This has been
Issue: Cities served by the state’s trunk
exacerbated by significant new
highway system frequently request features
transportation infrastructure investments on
on the highway right-of-way (ROW) that
the trunk highway system authorized by the
would improve the aesthetics of the highway
state and federal governments. Additionally,
or provide public amenities exceeding
these state and county projects often present
components the Minnesota Dept. of
a once-in-a-lifetime opportunity to replace
Transportation (MnDOT) may include.
or rehabilitate utilities under regional
Minn. Stat. §161.20, Subd. 2(b), gives the
roadways, forcing cities to allocate resources
MnDOT commissioner authority to make
immediately and defer more urgent utility
agreements with and cooperate with any
infrastructure needs.
governmental authority relating to trunk
“The one-size fits all” cost participation
highway construction and improvements;
policies adopted by the state and counties
however, Minn. Stat. §161.434 provides that
are inequitable. They do not consider unique
Council Packet Page Number 285 of 430
J3, Attachment 2
arrangements and agreements must be “for statute does not provide the authority for
highway purposes”. cities to impose infrastructure fees to fund
future road improvements when approving
These restrictions are problematic in cities
subdivision applications under Minn. Stat. §
where a downtown commercial area exists
462.358, subd. 2a. Given the existing
along a trunk highway. Some of these cities
authorization to impose fees on new
desire amenities that would make
development of other infrastructure, such as
commercial areas adjacent to trunk
water, sanitary and storm sewer, and for
highways more vibrant by allowing outdoor
park purposes, it is reasonable to extend the
dining, landscaping, decorative lighting or
concept to additional public infrastructure
other aesthetic improvements that do not
and facilities improvement also necessitated
serve a highway purpose. Under current law,
by new development.
the city cannot approve amenities that
encroach on the ROW. Response:The Legislature should
authorize local units of government to
Response: The League of Minnesota
impose infrastructure fees so new
Cities supports authorizing cities, by
development pays its fair share of the off-
ordinance, to allow amenities that do not
site, as well as the on-site, costs of public
serve highway purposes on trunk
infrastructure and other public facilities
highway ROW within their jurisdictions.
needed to adequately serve new
The League also supports a requirement
development.
that MnDOT develop and approve rules
related to local ordinances.
LE-43. Safe Routes to School
Grants Management
LE-42. Authority to Implement
Infrastructure Fees
Issue: The Safe Routes to School (SRTS)
Program provides funding support for
Issue: New development and the resulting
capital projects that promote and encourage
growth create an increased demand for
more students to walk or bicycle to school
public infrastructure and other public
by making the school routes safer and more
facilities. Severe constraints on local fiscal
accessible.
resources and dramatic forecasts for
population growth have prompted cities to The following are some types of SRTS
reconsider ways to pay for the inevitable infrastructure improvement grants that are
costs associated with new development. provided by the state and offered through
the Minnesota Dept. of Transportation
Traditional financing methods tend to
(MnDOT):
subsidize new development at the expense
of the existing community, discourage sound a) School site improvements: secure
land-use planning, place inefficient bicycle parking facilities, traffic
pressures on public facilities, and allow diversion improvements, and Americans
under-utilization of existing infrastructure. with Disabilities Act (ADA)
Consequently, local communities are improvements;
exploring methods to ensure new
b) Pedestrian facilities: new sidewalk,
development pays its fair share of the true
sidewalk gap closures, and related ADA
costs of growth.
improvements;
In Harstad v. City of Woodbury, 916
N.W.2d 540 (Minn. 2018), the Minnesota
Supreme Court recently clarified that state
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c)Bicycle facilities: bicycle trails,
a) Local public safety personnel are
separated multi-use or shared paths and underequipped to respond to a potential
related ADA improvements; and
derailment of a train carrying hazardous
materials such as crude oil or nuclear
d) Traffic calming and crossing
products.
improvements: curb extensions, speed
humps, median refuges, enhanced b) The cost-share ratio related to roadway
crosswalk markings, timed on/off crossing improvements is borne
beacons, vehicle feedback signs disproportionately by the public sector.
(dynamic speed signs), and other traffic Some estimates are 80 percent public to
control devices. 20 percent private funding, regardless of
the public entity’s ability to pay or
Cities that receive municipal state aid
whether service is provided within the
(MSA)--those with populations above
community. Funding has not kept pace
5,000--may apply for and administer their
with the growing need for grade
own SRTS grants. Non-MSA cities, even
separations.
those with a city engineer on staff or
contract, must rely on the county to manage c) Legislation brought by the railroad
any grant funds secured as well as to industry that would exempt railroads
approve the project design. In some cities, from stormwater fees and assessments
this requirement has led to project delays and shift the cost of complying with
and disputes with counties over project stormwater management to other
design and delivery. property owners.
Response: The League of Minnesota d) The financial burden is faced by the
Cities supports changes to MnDOT rules public sector to deal with mitigation
to allow small cities that have the capacity improvements, a cost that the Surface
to manage SRTS grants and projects to Transportation Board (STB) is not
do so without county approval. requiring the private sector to pay.
e) At-grade crossings are blocked by both
LE-44. Railroads
long moving trains and by trains that
Issue: Railroads support economic activity,
stop and remain stopped, sometimes for
relieve pressure on roadway and bridge
hours at a time. Blocked crossings delay
infrastructure, and are the safest and most
motorists and sometimes prevent
energy efficient form of land based freight
passage of emergency vehicles.
transportation with greenhouse gas
f) Difficulty and expense of imposing and
emissions that are a fraction of those for
enforcing whistleblowing ordinances.
trucks per ton mile of freight. Improvements
in Minnesota’s intermodal connections
g) Unabated graffiti on railroad cars and
between railroads and highways will reduce
structures.
freight transportation costs and help
h) Negative impacts of long- and short-
Minnesota businesses to be more
term storage of rail cars on adjacent
competitive in national and world markets.
properties.
Conversely, railroads bring noise,
environmental impacts and safety challenges
i) Pre-emption of local and state authority
for neighboring cities. Below are some of
to regulate railroad activities.
the concerns cities have raised about
Response: The League of Minnesota
railroads:
Cities opposes legislation and policies that
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disproportionately shift authority, costs crossing repairs or improvements. The
and/or liability away from railroad federal government must exercise greater
companies and onto other entities. The oversight of the STB to ensure fair and
railroad industry, along with state and equitable solutions are reached when
federal government, must: dealing with cities in Minnesota. Finally,
the Minnesota Department of
a) Adequately mitigate the negative
Transportation’s (MnDOT’s) Office of
impacts of railroads on communities;
Freight and Passenger Rail should
b) Allow local governments to enforce
advocate on behalf of local communities
the existing state and federal laws
when conflicts between cities and railroad
regarding the maximum time a
entities arise.
crossing may be blocked, and provide
The League supports efforts to improve
a mechanism to do so;
intermodal connections between railroads
c) Provide that timely notice to the
and highways that do not have a
impacted municipality is required in
disparate impact on neighboring
advance when a crossing or crossings
communities.
will be blocked by a stopped train;
LE-45. Airport Planning and
d) Require railroad companies to
Funding
provide a direct emergency response
Issue: Airports are an essential component
telephone number for city first
of Minnesota’s transportation infrastructure.
responders (police, fire, ambulance or
Airports in the State of Minnesota serve
other designated official) to call when
important gateway to the region, the nation,
an at-grade crossing is blocked, and
and global markets. They serve as a primary
the emergency services need this
access point to our national airport system.
crossing immediately unblocked to
The Minneapolis St. Paul International
continue their response;
Airport (MSP) is critical to the movement of
e) Allow local governments to enforce
people and goods in and out of the state and
whistle-free zones;
even with all the planned improvements, it
f) Impose and implement safety
will eventually reach its capacity. The state
standards that are in the best interest
needs to implement a long-term strategy to
of the public;
make better use of other airport facilities and
existing resources, reduce environmental
g) Equip and train local public safety
impacts, and achieve sound and sustainable
officials to respond to potential
economic growth throughout the state.
catastrophic rail incidents;
Aviation planning is a multi-layered effort
h) Develop plans and identify funding
with different levels of responsibilities.
sources for more grade separations
Currently, the State Airports System Plan is
between railways and roadways; and
put together by MnDOT with individual
i) Fund and implement improvements to
pieces developed by the Federal Aviation
rail car storage facilities.
Agency (FAA), Metropolitan Council (MC),
and Metropolitan Airports Commission
The public sector should not incur the
(MAC). Aviation planning could be
costs of improvements sought by the
improved by a more unified statewide effort
private sector, and cities should not be
and coordination of the various aviation
required to fund most of the cost of
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strategies through creation of an oversight allow existing businesses to remain and
body. grow, help attract new businesses,
increase employment, and lower product
Minn. Stat. § 360.017 establishes the State
and service costs for the benefit of the
Airport Fund and authorizes the Minnesota
region.
Department of Transportation (MnDOT)
Office of Aeronautics to support cities, Finally, the Legislature should not
counties and townships in the planning, authorize shifting of dedicated State
development, maintenance and safe Airports Fund dollars to resolve general
operation of public airports. In recent years, fund deficits
in order to help balance the state’s budget,
LE-46. Airport Safety Zones
the Legislature transferred funds from the
State Airport Fund to the General Fund.
Issue:The field of aeronautics is regulated
Although the borrowed funds were
generally by Minn. Stat. ch. 360 and Chapter
eventually repaid in full, efforts to preserve
8800 of the Minnesota Rules. Land use
and improve the quality of airports
safety zones and other public airport zoning
throughout the state were hindered by the
standards are established in Minnesota Rules
unavailability of these revenues.
Chapter 8800.2400, and are adopted by local
airport zoning regulations that are submitted
The Minnesota Council of Airports
to the Minnesota Department of
(MCOA), a membership organization for
Transportation (MnDOT) commissioner for
airport authorities and municipal entities
review and approval before adoption.
who own airports, has led efforts to bring
Airport safety zones are intended to restrict
stakeholders together. Most recently, the
land uses that may be hazardous to the
MCOA established the State Airports Fund
operational safety of aircraft using the public
Committee to work with the MnDOT Office
airport, and to protect the safety and
of Aeronautics to discuss and advise future
property of people on the ground in the area
management practices of the State Airport
near the public airport.
Fund.
While some of the provisions included in the
Response: The state needs a higher degree
Minnesota Rules are required by the Federal
of integration of agencies (FAA, MnDOT,
Aviation Administration (FAA), other
MC, and MAC) and communities related
provisions go well beyond the federal
to aviation planning. The League of
requirements. In some cases, the Minnesota
Minnesota Cities supports the
Rules do not make sense for the community
collaborative efforts initiated by the
served by a public airport.
MCOA and supports the development of
a statewide airport advisory board, which
Finally, in some cases airports cross
could provide input, review and make
multiple municipal jurisdictions. Neither
recommendations to assist in development
state law nor Minnesota Rules provide
of a comprehensive statewide State
powers for joint airport zoning boards.
Airports System Plan.
These boards could be useful in resolving
interjurisdictional issues involving airport
The state needs to make planning and
planning, development, funding and zoning.
investment decisions that will maximize
the potential for airports to become
Response: The League of Minnesota
economic development centers that
Cities supports efforts to protect the
provide access to domestic and global
safety and property of people living and
marketplaces. Investments in airports
working near public airports. The League
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also recognizes that the Minnesota Rules
related to public airport zoning standards
exceed the FAA’s and other states’
standards and, thus, needlessly infringe
on local control. The League supports
changes to Minnesota Rules pertaining to
airport zoning standards that will more
closely align Minnesota’s Rules with those
in other states, while at the same time
retaining local authority to be more
restrictive than the Minnesota Rules. The
League also supports changes to
Minnesota Statutes and Minnesota Rules
that would authorize powers for joint
airport zoning boards so issues related to
funding, staffing, and authorityto enforce
ordinances can be resolved at the local
level.
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HUMAN RESOURCES & DATA PRACTICES
b) Provide funding that pays the full
HR-1. Personnel Mandates and
costs of any mandated employment-
Limits on Local Control
related expenditures.
Issue: Many state laws increase the cost of
c) Avoid and eliminate expensive and
providing city services to residents by
time-consuming duplicative legal
requiring city governments to provide
protections and processes for public
certain levels of compensation or benefits to
employees, including those that
public employees such as paid family and
preclude promotional probationary
medical leave, and the provision of an
periods.
expansion of earned sick and safe time, by
specifying certain working conditions, or by
d) Eliminate contradictory existing laws
limiting city governments’ ability to
regarding public employment.
effectively manage their personnel
e) Eliminate mandates for local
resources. For instance, existing state laws
government employers that are not
limit governments’ ability to effectively
imposed upon the state as an
address incompetence or misconduct of city
employer.
employees by specifying certain procedures
f) Use the collective bargaining process
or standards of conduct that cities must
established by state law, rather than
follow. Additionally, state law limits the
legal mandates, to determine benefits
tools that cities can use to recruit and retain
for employees covered by collective
talent which creates challenges during times
bargaining agreements.
of low unemployment and a competitive
labor market. Finally, several laws are
HR-2. State Mandates on Employer
potentially contradictory and force local
Leave Policies
governments to choose which one to follow.
Issue: The 2023 legislature enacted two
Response: Any new legislation and
types of paid leave laws governing employer
changes to existing legislation should meet
leave policies. The two paid leave laws
the following goals:
include Earned Sick and Safe Time (ESST)
a) Recognize the need for local decision-
and Minnesota Paid Leave (MN Paid
making authority by local elected
Leave). These mandates at times conflict not
officials with regard to the terms and
only with each other but also existing
conditions of employment for local
federal and state leave laws, making
government employees (e.g. allow
implementation challenging. For most cities,
local elected officials to determine
these mandates are in addition to existing
employee compensation, employee
generous sick leave policies local
recognition and to make employee
governments already offer to their
benefit decisions, and allow greater
employees as part of key attraction and
flexibility in how cities may utilize
retention strategies. Along with increasing
public funds for the recruitment and
the amount of required paid leave the state
retention of employees in an ever
mandates also limit employers’ ability to
changing job market).
monitor employees’ use of the paid leave.
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This is particularly burdensome on cities as
remainder, up to 50 percent of the total
they need to depend on personnel to be premium, remains the employee’s
ready and available to provide core essential
responsibility to be charged through payroll
public services and respond to emergencies. deduction. The law has a limited exemption
for seasonal employees working in
Earned Sick and Safe Time (ESST) law
hospitality but lacks exemptions for unique
requires all employers provide employees
city positions where it is difficult to apply
one hour of sick and safe time for every 30
the law’s requirements due to their unique
hours worked. This law required employees
and limited employee-employer relationship,
to be eligible to accrue up to 48 hours in a
such as paid on-call firefighters, elected
year and 80 hours ongoing after the first
officials, election judges, and paid appointed
year of employment. The law does not have
advisory, committee, or commission
any exemptions for seasonal employees or
members that are not elected officials or
unique positions that cities may have such as
regular city employees.
election judges, and paid appointed,
unelected advisory, committee, or With respect to represented workers,
commission members or regular city benefits are negotiated in good faith based
employees. For these positions, it is difficult on the legal requirements present at the time
for cities to apply the new law’s of contract negotiation. Prior to ESST and
requirements due to their unique and limited MN Paid Leave, employers were able to
employee-employer relationship. The 2024 leverage savings clauses to bring non-
legislature addressed some of the challenges compliant contract language into compliance
cities faced when applying the new law’s with the minimum threshold of new laws
requirements, including but not limited to, enacted. Recent changes to ESST and MN
creating exceptions for elected officials, Paid Leave, however, now require that some
volunteer firefighters, paid on-call benefits be granted to union employees in
firefighters, volunteer ambulance attendants, addition to what the law requires. This leads
and ambulance service personnel and to: (1) uncertainty in union negotiations due
establishing a limited weather event to changing laws; and (2) cities being
exception—if approved through collective required to provide greater benefits above
bargaining with unions— for select and beyond what is obtained through the
positions necessary to respond to weather-collective bargaining process and/or what is
related emergencies as part of their job legally required.
duties. However, the 2024 legislature also
Response: Any new legislation and
significantly expanded the application of
changes to existing legislation should meet
ESST to other forms of paid leave provided
the following goals:
by employers for absences related to an
a) With respect to ESST, amend Minn.
employee’s personal illness or injury.
Stat. § 181.9445, subd. 5 to
MN Paid Leave takes effect January 1,
incorporate a well-defined “public
2026, and provides an additional protected
employee” definition, not to include
leave of absence with a combined maximum
unique positions in which there is not
of 20 weeks in a benefit year for medical
a formal employer-employee
and/or family leave. The 2023 legislature
relationship such as paid appointed
established a cost sharing provision
advisory, committee, or commission
requiring employers pay at least 50 percent
members, election judges, or other
of the total premium, with the option to pay
non-traditional positions.
up to 100% of the total premium. The
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J3, Attachment 2
b) Minimize legal mandates to a) Explore and document problems
incentivize employers to establish individual local governments are
and/or continue to provide more experiencing, and evaluate whether
generous paid leave benefits to the problems are widespread and if
employees. Specifically, eliminate the they can be resolved administratively;
expansion of mandated benefits to
b) Evaluate the reporting process, and
paid leave previously negotiated in
make recommendations for
good faith and/or adopted in
improvement as needed;
personnel policies in excess of what is
c)Review the methodology for analyzing
legally required.
pay equity data; and
c) Provide funding that pays the full
d) Evaluate the process by which cities
costs of any mandated employment-
receive notification of reporting
related expenditures.
requirementsand compliance issues
d) Avoid and eliminate expensive and
and make recommendations for
time-consuming duplicative legal
improvement as needed.
protections and processes for public
employees, including those that
HR-4. Public Employment Labor
preclude promotional probationary
Relations Act (PELRA)
periods.
Issue:The League of Minnesota Cities
e) Eliminate contradictory existing laws
supports the purpose of the Public
regarding public employment.
Employment Labor Relations Act (PELRA)
to balance the rights and interests of public
HR-3. Pay Equity Compliance
employees, public employers, and the
Issue: In 1984, the Legislature passed the
general public. However, certain changes
Local Government Pay Equity Act to
are necessary to assist public employers in
eliminate sex-based wage disparities in
implementing this law. For example, current
public employment. The Act requires each
definitions of “public employee” are
local government to submit reports of its pay
confusing and difficult to manage. In
structure to the state’s Pay Equity
addition, the arbitration process has
Compliance Coordinator within the
produced decisions that are contrary to the
Department of Management and Budget.
interests of the public, and the legal standard
The data is then subject to analysis to
for overturning arbitration decisions is very
determine if there are inequities in the city’s
difficult to meet. Also, recent
pay structure. Since its passage, the
interpretations of Minn. Stat. § 179A.25
administrative rules implementing the Act
(independent review of non-union employee
have not substantively changed.
grievances) has created uncertainty and
confusion in the longstanding judicial
Response: The League of Minnesota
process used by courts to review city council
Cities supports the Local Government
administrative decisions, particularly
Pay Equity Act and seeks to partner with
employment termination decisions of non-
the Legislature and the state’s Pay Equity
union employees.
Compliance Coordinator to update and
improve the current system so that cities
Additionally, the 2023 legislative session
can more efficiently and effectively fulfill
resulted in changes to PELRA that diminish
the mandated reporting requirements.
essential employer rights to conduct
Local governments and the state should:
operations and provide public services. The
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new law removed number of personnel as an c) Provide different options for accessing
inherent managerial right and added staffing arbitrators and utilizing the
ratios to the terms and conditions of arbitration process in order to
employment subject to collective “address inequities” between union
bargaining. It is unclear how this new and management representatives.
condition would be bargained. Additionally,
d) Allow public employers to bypass
limiting public employers from determining
mandatory arbitration required under
the number of personnel hired for various
PELRA and directly access the
positions could hinder the ability to respond
district court or Office of
expeditiously in a crisis, limits their ability
Administrative Hearings system in
to be responsive to taxpayers, and subjects
situations where an employee is being
them to risk if they are unable to meet
terminated for gross misconduct (e.g.,
bargained terms due to external challenges
excessive use of force, sexual
such as a competitive labor market.
harassment, sexual abuse, theft or a
Consistent with these themes, the 2024 felony conviction) that is related to the
legislative session resulted in an expansion employee’s position with the public
of the number of instances that can give rise employer, including establishment of a
to an unfair labor practice charge. standard that defers to the public
Specifically, it is now an unfair labor employer’s decisionon termination if
practice for a public employer to: 1) refuse it has met a standard of
to reassign a position after the Bureau of reasonableness.
Mediation Services Commissioner has
e) Repeal Minn. Stat. § 179A.25 or, in
determined the position was not placed in
lieu of repeal, exclude employment
the correct bargaining unit; and 2) fail or
terminations from Minn. Stat.
refuse to provide information related to
§ 179A.25; require a 60-day
contract enforcement or negotiations upon
timeframe for filing a petition for
receipt of a request for this information from
review of a grievance under Minn.
the exclusive representative, absent mutual
Stat. § 179A.25; and clarify that
agreement, within 30 days for contract
decisions of Bureau of Mediation
enforcement information or 60 days for
Services (BMS) under this section are
contract negotiation information.
non-binding and merely advisory.
Response: Minn. Stat. ch. 179A should be
f) The League opposes legislation that
modified to:
would propose employer payment of
a) Remove the existing service limit of 14 grievance arbitration fees when a
hours per week or 35% of the normal settlement is offered to a grievant and
work week for part-time employees, declined.
and replace it with a definition in
g) League opposes legislation that
which part time employees are
diminish or restrict inherent
excluded if they work an annual
managerial rights of public employers.
average of 20 hours or less per week.
HR-5. Implications of Janus v.
b) Exclude temporary or seasonal
AFSCME
employees, as well as unpaid
volunteers, from the PELRA
Issue: Historically, both members and non-
definition of public employee in Minn.
members of public sector unions could opt
Stat. ch. 179A.
out of paying the portion of dues that
Council Packet Page Number 294 of 430
J3, Attachment 2
explicitly go to the union’s political in the wake of the recent Supreme Court
activities. But, until recently, non-members ruling.
were still required to pay what was called a
Additionally, as public sector unions are
“fair share” fee, allegedly because even non-
examining methods to compensate for fair
members receive the benefits of union
share revenue that may now be lost, laws
representation. Union dues are deducted
have been proposed in states outside of
from employee paychecks by employers
Minnesota, which preempt the bargaining
based on notification of membership
process and impose new requirements on
provided by labor unions.
public employers. Some of the proposed
Overruling decades of precedent, in June requirements are designed to help unions
2018, the U.S. Supreme Court ruled it is market their services to their members or to
unconstitutional for public employees who require the public employers to pay the costs
object to belonging to a union to be required of collective bargaining.
to pay a fair share fee. (Janus v. AFSCME).
Response:To ensure that both public
Specifically, the Supreme Court held that
employers and public employees
laws compelling fair share dues from
successfully navigate the current
unwilling members violated the First
unknowns following the Janus decision,
Amendment by requiring these employees
the League of Minnesota Cities urges
to, in effect, pay for speech with which they
BMS to provide and disseminate
do not agree, and that affirmative, voluntary
information to employees about union
consent is required for dues deduction.
membership across the state. The League
Given the degree of uncertainty about the
also urges the Legislature to act to protect
implications of the ruling, public employees
public employers against:
are seeking information about their
a) ULP charges when providing factual
constitutional rights regarding labor union
information to employees about union
membership and associated dues. The
membership;
Minnesota Public Employment Labor
Relations Act defines unfair labor practices
b) ULP charges when requiring unions
(“ULPs”) to include dominating or
to provide original documentation of
interfering with the formation, existence, or
voluntary consent to dues deduction;
administration of union membership. To
and
avoid a potential allegation that they have
c)being forced to pay the direct cost of
engaged in unfair labor practices, if
employee representation by unions.
employees seek information about union
membership from their employers,
HR-6. Essential Employees
employers often refer their employees to
Issue:Cities must balance the health,
union representatives for additional
welfare, and safety of the public with the
information. The Minnesota Bureau of
costs to taxpayers. Essential employee status
Mediation Services (BMS) is the state
removes the right to strike but gives the right
agency charged with providing technical
to mandatory binding arbitration. This status
training and information on collective
can result in arbitration awards that exceed
bargaining for the public sector in
the city’s budget or conflict with the city’s
Minnesota. BMS would be an ideal resource
compensation policy.
for employees to find critical information
about labor union membership, particularly
Response:The Legislature should
carefully examine requests from interest
Council Packet Page Number 295 of 430
J3, Attachment 2
groups seeking essential employee status Response:Cities should not be forced to
under Minn. Stat. ch. 179A (PELRA). pay benefits as base wage employers if the
The League of Minnesota Cities opposes employee is determined to have
legislation that mandates arbitration that committed gross misconduct during their
increases costs and removes local employment with the city, even if the
decision-making authority. employee voluntarily resigns. In addition,
cities (as reimbursement employers)
The League supports a mandate for Final
should be allowed to enter into
Offer/Total Package arbitration for all
agreements with employees to not contest
essential groups on a trial basis. The
a determination of eligibility for
League also supports a change in the
unemployment benefits where the
PELRA law that would strengthen
employer and employee mutually agree to
existing language (Minn. Stat. § 179A.16,
this as a term of separation.
subd. 7) requiring arbitrators to consider
a public employer’s obligation to
HR-8. Public Employee Defined
efficiently manage their operations.
Benefit Pension Plans
Specifically, the statute should be
Issue: Public pensions are an important
amended to require arbitrators to take
employee benefit that can help cities attract
into consideration any wage adjustments
and retain employees. However, unlike
already given to or negotiated with other
salary and other employee benefits that are
groups – both union and non-union for
established by each city, the pension
the same employer in the same contract
contribution rates and benefit levels are set
year.
by the state legislature. Benefit levels and
HR-7. Re-employment Benefits
plan costs must be carefully balanced to
assure long-term sustainability of the
Issue: Cities are often required to help pay
pension plans and affordability to employers
the benefits of workers who have initially
and employees.
been denied benefits through their
employment with the city but later been re-
In 2018, the Legislature enacted a major
employed by a different employer;
pension reform package to improve the
sometimes this occurs when the employee
long-term financial status of the PERA
has been found to have committee gross
pension plans. The legislation included
misconduct while employed by the city.
benefit reductions for active employees,
contribution increases for Police and Fire
Additionally, employers are prohibited from
Plan employers and active employees and a
entering into agreements with employees not
modified cost of living adjustment (COLA)
to contest or appeal payment of
for retirees.
unemployment benefits as part of a
settlement agreement at termination of
The 2023 omnibus Pensions bill
employment. Because most cities are
appropriated a total of $485.9 million in
“reimbursement employers,” the majority of
one-time state aid, allocated to the plans
the cost of benefits paid to the employee are
roughly on the basis of accrued liabilities,
at the direct expense of the city. The ability
and provided a one-time COLA increase.
to enter into such an agreement can greatly
Due to the one-time nature of budget target
aid a city in reaching a settlement at a
for the Pensions bill, no significant
relatively low-cost to the city’s taxpayers.
structural changes were made to PERA
plans.
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The bill also reduced the actuarial would make PERA consistent with the
assumption for investment return from 7.5% other major Minnesota pension plans.
to 7%, effective June 30, 2023, and reduced
c) A comprehensive review of exclusions
the number of years of service required for
from pension participation with the
full vesting from five years to three years for
goal of simplifying current eligibility
all members of the PERA General Plan.
guidelines. Such a review should also
Response: The League of Minnesota include a possible revision of current
Cities supports the sustainability penalties for employers that fail to
modifications enacted by the legislature in report covered employees to ensure
2018 and continues to oppose any benefit that these penalties are not overly
improvements for retirees or active harsh and punitive.
employees until the financial health of the
d) The transfer of all school district
General Plan and the Police and Fire Plan
employees out of the PERA General
is restored.
Plan and into another fund that is
For the PERA General Plan, any further more appropriate for school district
increases in employer contributions employees as long as the change would
should only be considered by the not negatively impact the financial
Legislature after other measures have health of the pension funds nor result
been considered, including: in employer contribution increases.
The continued authority of cities to
a) An increase in employee contributions
effectively use retirees in
so that employees and employers truly
reemployment situations. The League
bear the same responsibility to bring
supports policy changes which would
the pension plans to full funding; or
include an increase in the earnings
b) The removal of the cap on PERA
threshold for such retirees and
Pension Aid payments under Minn.
supports keeping the required break
Stat. § 273.1385 and the extension of
in service at 30 days and opposes
the aid program after FY2020, so the
suspending payments to retirees.
state equalizes the contributions of
For PERA Police and Fire, any further
employees and employers.
increases in employer contributions
The League also supports:
should only be considered by the
Legislature after other measures have
a) Fully offsetting the additional
been considered, including:
unfunded liability of any proposed
employee contribution reduction with
a) An initial increase in the employee
direct state aid to the plan.
contribution of at least 1.0% of salary
with subsequent increases split evenly
b) Modifications to the PERA eligibility
between employee and employer so
guidelines to take into account
that the contribution ratio moves
temporary, seasonal, unique part-
toward a more equitable split between
time, and student employment
employees and employers; or
situations in cities, particularly in
recreational operations. These
b) An additional state general fund
modifications should include the use
appropriation to fund the deficiency
of pro-rated service credit, which
in police and fire pension aid
payments so that the state equalizes
Council Packet Page Number 297 of 430
J3, Attachment 2
the contributions of employers and For PERA Corrections Plan the League
employees. supports:
c) Increasing the minimum and full a) Maintaining the current definition of
retirement ages for new PERA Police covered employees for the PERA
and Fire plan participants. corrections plan, which does not
include dispatchers due to the
d) Implementing a contribution-based
substantial differences between the
benefit formula that would align
job responsibilities of dispatchers and
benefits payable with contributions
the existing corrections positions
made on behalf of an employee in
covered by this plan.
order to address high-five spiking
issues.b) Fully offsetting the additional
unfunded liability of any proposed
The League also supports:
employee contribution reduction with
a) Maintaining the current 60/40
direct state aid to the plan.
contribution split between employers
For all PERA defined benefit plans the
and employees.
League supports:
b) Fully offsetting the additional
a) Adjustments to the benefits for active
unfunded liability of any proposed
members and retirees to reduce the
employee contribution reduction with
cost of the plans.
direct state aid to the plan.
b) Requiring special legislation for
c)Maintaining the statutory changes
individual employee pension benefit
made to Minn. Stat. § 353.01 in 2007
increases be initiated or approved by
that separate injuries resulting from
the city council of the impacted city
“hazardous duties” from injuries
unless the cost of the benefit increase
resulting from “non-hazardous
is fully covered by the individual or
duties” for purposes of police and fire
the legislation addresses a clerical or
disability retirement benefits.
administrative error.
d) A thorough study by PERA of the
c) Requiring PERA to collect and
current effects of overtime
consider all employer-provided
accumulation and outside employment
information, including independent
compensation on individual pension
medical examinations and other
benefits and the overall funding of the
relevant personnel data and to
plan. The study should also include
broaden the basis for appealing
recommendations on whether the
disability determination decisions.
overtime or outside employment
should be factored into or excluded
HR-9. Deferred Compensation
from high five average wage
Issue: Cities and other local units of
calculations.
government have been offering employees
e) Allowing cities, including cities with
the option to invest in deferred
combination (full-time and paid-on
compensation programs under 457(b) of the
call staff) fire departments, to work
federal Internal Revenue Code. Minn. Stat.§
with their fire relief associations to
356.24, subd. 3 imposes requirements for
determine the best application of fire
the plan administrator or vendor of a
state aid.
deferred compensation plan to: (1) provide
Council Packet Page Number 298 of 430
J3, Attachment 2
the fee disclosure document to the plan’s
law was enacted in 1997, it contained a
participants, and (2) file the fee disclosure provision requiring the Department of
document with the executive director of the
Public Safety (DPS) to reimburse employers
LCPR (Legislative Commission on Pensions for the full amount of administering this
and Retirement) within 30 days of the end of benefit.
each fiscal year of the plan. If a 457(b) plan
By 2002, the fund created to provide this
administrator or vendor fails to comply with
benefit became deficient. Instead of
the reporting requirements, the plan would
increasing the fund, the 2003 Legislature
potentially be an unlawful recipient of
amended the law to pro-rate reimbursements
public funds that are made by a city on
to cities based on the amount available and
behalf of an employee.
the number of eligible applicants. The 2003
These new requirements are ambiguous and law change triggered a significant and
confusing. For example, it is unclear unanticipated cost to cities. The cost has
whether the prohibition on contributing increased every year for cities, and the
“public funds” to a 457(b) plan includes funding for the account has never been
situations where cities allow unused leave or increased. Even if the health insurance
unused health insurance contributions to be benefit was discontinued entirely, the costs
converted to a monetary contribution. for existing recipients will substantially
increase well into the future due to the
The law should also specify that any
growing cost of health insurance.
deferred compensation plan authorized by
Internal Revenue Service regulations for In 2015, the Legislature expanded the health
local units of government are also insurance benefit to include survivors of
authorized by the state. volunteer firefighters who die in the line of
duty. This change increased the number of
Response: The Minn. Stat. § 356.24, subd.
firefighters eligible for this benefit from
3 reporting requirements enacted in 2020
2,000 to 20,000.
for 457(b) deferred compensation plans
are confusing, unclear and unnecessary A League-supported bill that passed in 2023
and should be repealed. At minimum, the reinstated full funding to reimburse
requirements need to clearly define what employers for the cost of the continued
constitutes public funds, and exempt health insurance benefit; however, the one-
public employers that do not contribute time funding appropriated is expected to run
public funds to a 457(b) plan from the out in approximately three years.
reporting requirements.In addition, the
Response:The League of Minnesota
law should be amended to include all IRS-
Cities supports the following legislative
approved deferred compensation plans
actions to adequately fund the continued
that are authorized for local units of
health insurance mandate:
government.
a) The state must fully fund programs
HR-10. Continued Health
that pay for health insurance for
Insurance for Duty Disabled Peace
police and fire employees injured in
the line of duty and dependents of
Officers and Firefighters
police and fire employees killed in the
Issue: Minn. Stat. § 299A.465 requires
line of duty as originally required
public employers to continue health
under Minn. Stat. § 299A.465.
insurance benefits for firefighters and peace
officers injured in the line of duty. When the
Council Packet Page Number 299 of 430
J3, Attachment 2
b) The legislature must avoid further the benefits granted under Minn. Stat.
expansion of eligibility for benefits § 299A.465.
under Minn. Stat. § 299A.465 unless
g) The legislature should establish a task
1) full funding for benefits is provided
force to study the long-term costs of
by the state; and 2) beneficiaries can
this program, including funding for
be enrolled in a state health insurance
an actuarial consultant, and make
plan such as the Public Employees
recommendations on changes to make
Insurance Program (PEIP).
it more financially feasible for
c) Cumulative injuries that occur over Minnesota taxpayers.
time in the job should not qualify a
h) The employer’s obligation under
police officer or firefighter for benefits
Minn. Stat. § 299A.465 should expire
under Minn. Stat. § 299A.465 since
when the employee reaches age 55, the
these types of cumulative injuries are
normal age of retirement.
not unique to the dangers of police
i) Obligations under Minn. Stat. §
officer and firefighter duties.
299A.465 should be proportioned
d) The legislature must clarify that the
between employers when the employee
amount of an employer’s contribution
has worked for multiple employers
under Minn. Stat. § 299A.465 is no
and the employer at the time of injury
greater than that given to active
is in question or the injury is
employees in the same job class.
cumulative.
e) The legislature must establish the
j) An employer should be able to appeal
minimum criteria used to determine
the binding assignment of continued
ability to work and set a percentage
health insurance coverage without the
threshold of disability for eligibility
burden of proving a duty disability
into this program. At a minimum, the
does not exist.
legislature must identify that a
workers’ compensation determination
HR-11. Health Care Insurance
as to whether the injury is work-
Programs
related is necessary in order to receive
Issue:Cities, like other employers in the
the benefits under Minn. Stat. §
state, are struggling with the rising costs of
299A.465.
health care insurance for their employees. In
f) Employees who receive a police and
addition, cities must cope with unfunded
fire disability retirement benefit and
mandates imposed on them by the
accept another job that offers them
Legislature such as the requirement to pool
group health benefits should be
early retirees with active employees and the
required to pay for their group health
requirement to bargain over changes in the
benefits with the city should they
“aggregate value” of benefits, even when the
decide to continue them. The
city’s contribution has not changed.
legislature must amend Minn. Stat. §
Response:The League of Minnesota
299A.465 to reflect that employees are
Cities supports legislative efforts to
required to inform the city when they
control health insurance costs while
become eligible for coverage under
maintaining quality health care services.
another group plan and that failure to
However, cities have differing local needs
do so is grounds for termination from
and circumstances and must retain the
Council Packet Page Number 300 of 430
J3, Attachment 2
flexibility to provide unique and creative g) Opposes any mandatory, centralized,
solutions to the rising costs of health care statewide health insurance option for
insurance for their employees. The active or retired city employees.
League:
h) Supports changing Minn. Stat. §
a) Opposes legislative action that 62A.21 to place reasonable limits on
undermines local flexibility to manage health care continuation for former
rising health care costs. spouses, similar to the Federal
COBRA law.
b) Encourages the Legislature to
carefully examine the costs and
HR-12. Workers’ Compensation
administrative impacts of any new,
Issue:Rising medical costs are an
mandated insurance-related benefit
increasingly serious problem for all
before imposing it upon city
employers and insurers, and now represent
employers.
over half of all loss costs within the
c) Supports changes to Minn. Stat.
workers’ compensation system. Medical
§ 471.6161, subd. 5, that would clarify
costs will be a major driver of future
the intent of the subdivision is to
workers’ compensation premium increases.
address changes in cost vs. changes in
In addition, the 2013 legislature added post-
value (e.g., changes in provider
traumatic stress disorder (PTSD) as a
networks, changes in benefit levels
compensable injury and in 2014, a
required by an incumbent insurance
Minnesota Supreme Court decision found
carrier, changes required for
that provisions in the Workers’
compliance with state and federal
Compensation statute which allow workers
laws).
compensation benefits for permanent and
total disabilities to be offset by disability
d) Supports changes to Minn. Stat.
benefits and pension benefits such as Social
§ 471.61 so that the requirement for
Security does not apply to retirement
cities to offer retiree coverage begins
benefits of the Public Employees Retirement
on the date the retiree and/or
Association. In 2018, the Legislature
dependents become eligible for federal
modified Minn. Stat. § 176.011, subd. 15,
Medicare coverage.
which defines an occupational disease to add
e) Supports a clarification to Minn. Stat
a rebuttable presumption to a diagnosis of
§ 471.61 and to Minn. Stat. § 471.617
PTSD in certain public safety and related
to explicitly alleviate a city’s
personnel. In 2020, the legislature initially
responsibility to comply with group
modified Minn. Stat. § 176.011, subd. 15 to
health benefits mandated by state law
temporarily add a diagnosis of COVID-19
when the city’s employees are covered
for peace officers, firefighters, paramedics
under a union plan authorized by
and other defined employee classes as a
federal statutes.
presumed occupational disease covered by
the workers’ compensation system and this
f) Supports statutory authorization for
presumption was extended through January
cities to collect up to a two percent
13, 2023. The Minnesota Legislature also
administrative fee from retirees
regularly considered proposals to expand the
receiving post-retirement health
heart, lung and infectious disease
insurance benefits.
presumptions for public safety workers, and
to make the presumptions more conclusive
Council Packet Page Number 301 of 430
J3, Attachment 2
and difficult to rebut. These types of benefit be passed on to cities and their
expansions would further increase municipal taxpayers.
workers’ compensation costs.
e) Extending the time limit on denials of
Response: Legislative action is necessary liability for PTSD injuries from the
to address increasing workers’ current 14 days in order to allow
compensation costs, particularly rising diagnosis in accordance with the
medical costs. The League of Minnesota requirements contained in the
Cities supports: Diagnostic and Statistical Manual of
Mental Disorders (DSM) which guides
a) Use of the Workers Compensation
the diagnosis of PTSD under
Advisory Council (WCAC) system to
Minnesota Law (Minn. Stat. §
consider proposals for changes to the
176.011, subd. 15).
workers’ compensation law and urges
the WCAC and the Legislature to The League opposes expansion of
approve medical cost containment workers’ compensation and related health
reforms. insurance benefits because of the
potential for dramatically increasing costs
b) Filling an existing WCAC employer
to cities. Specifically, the League opposes
vacancy with a public-sector employer
expansion of the heart, lung and
representative or adding a designated
infectious disease and PTSD
public-sector employer representative
presumptions, the creation of new
to the WCAC.
occupational disease presumptions as well
c) Continuing the WCRA as the
as any expansion of the law that would
mandatory workers’ compensation
require payment of health insurance
reinsurer for insurers and self-
premiums.
insurers in Minnesota and supports
HR-13. Public Safety Duty
modifying state statutes to treat PTSD
Disability
events involving several affected
parties as one occurrence for retention
Issue: The League of Minnesota Cities and
purposes, thereby reducing the
the communities it serves recognize the
exposure of self-insured entities and
inherent dangers faced by peace officers and
the statewide insurance pools. Such a
firefighters in the line of duty. The duties
change would not have any effect on
performed by public safety employees
the benefit an individual employee
sometimes lead to physical and mental
would receive.
injuries.
d) Legislation that would disallow the
In recent years, the number of public safety
“stacking” of PERA retirement
employees seeking duty disability
benefits and Workers Compensation
determinations through the Public
benefits due to the fact that some
Employees Retirement Association (PERA)
injured employees could receive total
and making workers’ compensation claims
compensation from workers’
for line-of-duty injuries has accelerated.
compensation and PERA retirement
This is particularly true in the wake of a
benefits that would be well above the
2019 legislative change that made post-
salary that they had been earning and
traumatic stress disorder (PTSD) a
the fact that the costs would ultimately
presumptive condition for workers’
compensation purposes. The League is
Council Packet Page Number 302 of 430
J3, Attachment 2
concerned about these trends for the achieve optimal outcomes of restoring good
following reasons: health for themselves, their families and
returning to work. The League is actively
a)Every injury that leads to a PERA duty
working with cities and other stakeholders,
disability retirement and/or workers’
including public safety labor representatives,
compensation claim impacts the
to advance the following:
employee, the employee’s family and the
employee’s organization. a) Normalizing conversations about mental
health within local government
b) The current system for processing and
organizations and their public safety
addressing duty disability benefits can
departments;
be incompatible with the goal of
restoring good health and returning b) Promoting statewide peer support best
employees to work. practices and training programs;
c)The fiscal impact of the increasing c) Identifying ways to promote cultural
number of claims is unsustainable for behaviors that enhance public safety
employers and, ultimately, taxpayers. physical and mental wellness;
d) Public safety agencies, particularly those d) Educating stakeholders (employers,
that are very small and already employees and state and local leaders)
experiencing recruitment and retention about PTSD signs, symptoms, treatment
challenges, will not remain viable if they options and outcomes;
continue to sustain significant personnel
e) Gathering empirical evidence related to
losses.
treatability of mental injuries;
Given these concerns, in 2023 the League
f) Develop human resources guidance that
and other stakeholders helped secure
focus on:
passage of legislation that establishes mental
1) Enhancing relationships between
injury prevention and treatment measures
public safety and human resources
and provides $104M to pay for related costs.
managers to coordinate and
The bill also provides full reimbursement to
streamline prevention of, and
employers for the continued health
response to, duty disability injuries;
insurance requirement for disabled
employees. The funding for the legislation is
2) Implementing best practices and
one-time, and ongoing funding will be
initiatives aimed at improving mental
needed to successfully address ongoing duty
health wellness and preventing and
disability challenges. As the 2023 legislation
coping with PTSD;
has been implemented, the League has
3) Providing early
identified portions of the new law that
intervention/resources for public
should be clarified.
safety employees who experience
Additionally, the League and cities across
work-related trauma; and
Minnesota have invested resources into
4) Providing paid time off or light duty
mental and physical injury education,
for public safety employees who
prevention and treatment. The League has
experience work-related trauma;
also consulted with experts, including those
experienced with treating combat veterans,
g) Identifying resources (partnerships) to
who report that with successful treatment,
help temporarily backfill positions so
many injured public safety employees can
employees may take needed time off
Council Packet Page Number 303 of 430
J3, Attachment 2
without losing their jobs or causing a) provide an employee must meet
hardship for employers/agencies; and correspondence requirements with
their employer while seeking or taking
h) Developing best practices for return-to-
leave to receive mental health
duty following a mental injury.
treatment, and must communicate
Response: In order for the 2023 duty
with PERA within established time
disability law to be effective, ongoing state
frames;
funding is necessary. The League of
b) provide that employees receiving
Minnesota Cities supports ongoing full
benefits under the duty disability law
state funding for:
must provide to their employer
a) The Public Safety Officer Benefit
minimal treatment data (i.e. start
Account that reimburses employers
date, end date, and treatment week
for providing continued health
number) and treatment invoices
insurance to police officers and
within established time frames;
firefighters injured in the line of duty
c) clarify that employers are privy to
and dependents of those killed (Minn.
mental health treatment invoices to
Stat. § 299A.465);
the extent necessary to apply for
b) Reimbursement to local governments
reimbursement;
for providing paid time off to public
d) require PERA to provide notice to an
safety employees who experience
employee receiving treatment, and
work-related trauma and/or are
their employer, when there is 30 days
seeking treatment for a mental injury;
remaining of the first 24 weeks of
c)Initiatives and programs that provide
treatment, and require the employee
peer support, emotional trauma
to respond to PERA’s requirements
training, early intervention and
within established time frames;
mental health treatment; and
e) define “seeking treatment” and clarify
d) Emotional trauma training for pre-
when an employer’s obligation to
service and in-service public safety
continue salary and benefits begins
officers.
and ends;
Additionally, clarifications are needed to
f) place a cap on the number of weeks an
ensure:
employer is obligated to continue an
employee’s salary and benefits during
a) adequate communication, including
one treatment period;
timely documentation, between
employers, employees and PERA;
g) provide that employees may continue
working while receiving treatment,
b) employees and employers are held
and employers are eligible for
financially harmless while an
reimbursement for treatment costs for
employee is receiving treatment; and
employees who continue to work while
c) employees are eligible for mental
being treated for a mental health
health treatment while they are still
condition;
working and they may continue to
h) clarify that a public safety officerwho
work while receiving treatment if they
has notified their employer and been
are able to work.
approved by PERA to take a leave
The Legislature should:
Council Packet Page Number 304 of 430
J3, Attachment 2
from employment to receive mental
providing a substitute sample, providing a
health treatment under the duty sample that is not human urine, providing a
disability lawisnot required to
sample that is not capable of being tested,
exhaust paid time off accruals while etc.
they are receiving treatment for a
Finally, laws enacted during the 2023 and
mental heath condition; and
2024 legislative sessions legalized adult-use
i) clarify that salary continuation under cannabis in Minnesota and updated
Minn. Stat. § 353.032 runs DATWA including, as an alternative to
concurrently with other paid leave using services of a testing laboratory, to
such as the Family and Medical Leave allow oral fluid testing for alcohol, drugs
Act (FMLA). and cannabis or their metabolites for certain
employees or job applicants. Currently,
urine testing for cannabis can show evidence
HR-14. Drugs, Alcohol, and
of usage 30 or more days prior to testing,
Cannabis Testing in the Workplace
while oral fluid testing can show evidence of
usage 24 or more hours prior to testing, but
Issue: Employer testing of job applicants,
there is no test available to determine an
employees and independent contractors is
employee’s current intoxication from
governed by Minn. Stat. § 181.950 –
cannabis. This creates challenges for
181.957, known as the Drug, and Alcohol
employers when investigating workplace
Testing in the Workplace Act (DATWA). It
incidents in which an employee is suspected
applies to all employers with one or more
to be intoxicated by cannabis while working.
employees, including cities. DATWA has
not been amended to reflect various and
Response: The League of Minnesota
significant changes in drug-testing
Cities supports the following changes to
technology nor policy changes at the federal
the DATWA:
level.
a) Updates to reflect new issues, such as
DATWA prohibits an employer from
adding new definitions as needed to
terminating an employee for their first a
reflect current practices;
positive drug, alcohol or cannabis test
b) Clarification that a positive drug,
without first providing the employee a
alcohol, or cannabis test during an
chance for rehabilitation and treatment. This
employee’s probationary does not
law applies to probationary employees as
require the employer to provide an
well as those who have completed their
employee who has not completed their
probationary period.
probationary period a chance for
Currently, breathalyzer use and saliva swabs
rehabilitation and treatment; and
are permitted for alcohol testing under
c) Permitting the use of breathalyzers as
federal commercial driver testing laws
acceptable technology for determining
though Minnesota does not allow for the use
alcohol use.
of breathalyzers in testing. Use of
d) The legislature should continue to
breathalyzers for employee alcohol testing is
invest funds into research to develop
a less invasive, less expensive method. In
technology that can assist with
addition, federal commercial driver testing
determining cannabis intoxication in
laws address a number of outcomes other
the workplace.
than a positive test result, including but not
limited to tampering with a sample,
Council Packet Page Number 305 of 430
J3, Attachment 2
with employment law. Hiring an arbitrator
HR-15. Veterans Preference
for a hearing instead of utilizing an
Issue: Cities have a long history of
established civil service commission is
recruiting and hiring veterans as they are a
inefficient.
natural fit in city government. Across the
Response:The League of Minnesota
state, cities are partners in working with and
Cities recognizes the important
ensuring veterans have a variety of
contributions veterans have made and
opportunities afforded to them given their
supports giving veterans limited
sacrifice and service. The purpose of the
preference in employment. To strengthen
Minnesota Veteran’s Preference Act (VPA)
and improve the VPA, the legislature
is to facilitate the transition of veterans from
should:
the military to civilian life and to help
compensate veterans for their sacrifices of
a) Allow cities to place veterans on
health and time to the community, state and
probationary periods upon promotion
nation. The VPA grants veterans limited
as they do with other employees; and
preference over nonveterans in hiring and
b) Restore the language in Minn. Stat. §
promotion for most state and local
197.46 requiring a hearing to be held
government employment to recognize the
before a local civil service commission
training and experience they received as a
where one exists.
result of serving in the military. It also
provides local government employees who
HR-16. Military Leave
are veterans some protection against unfair
Reimbursement
demotions and dismissals. These preferences
Issue: Minn. Stat. § 192.26 subd. 1, requires
and protections are commonly referred to as
local units of government to provide 15 days
“veteran’s preference” and are codified in
of compensation per year to employees who
Minn. Stat. § 43A.11, 197.455, 197.46,
are members of the military for military
197.48, and 197.481.
leave. State laws give preference to hiring
Once a veteran has completed an initial
veterans for public sector jobs, and, veterans
probationary period upon hire, they cannot
are a natural fit to also serve as public safety
be removed from their position or
personnel. As such, many public safety
employment, except for incompetency or
personnel are often also members of the
misconduct shown after a properly noticed
military and are required to conduct training
hearing. Currently, a veteran can only be
and military duties throughout the year.
placed on probation upon hire but not
In addition to providing compensation for
following a promotion. It is common
mandatory military leave, cities must also
practice to place employees on probation
ensure that these temporary vacancies are
following employee promotion making this
adequately filled by public safety personnel
restriction inconsistent with current practice
whose training and qualifications are unique
and procedure.
to providing public safety. This can result in
Termination hearings are held before the
added overtime costs and may impact public
local civil service commission or before an
safety service levels.
arbitrator and Minn. Stat. § 197.46 allows a
Government employers honor and recognize
veteran to choose a hearing before the local
the importance of ensuring members of the
civil service commission, or an arbitrator.
military are able to fulfill their duties and
Members of civil service commissions are
participate in mandatory training, while also
chosen for their expertise and experience
Council Packet Page Number 306 of 430
J3, Attachment 2
aiming to ensure that public safety service in In 2014, the Legislature imposed additional
their community is efficient, seamless, and security requirements on political
cost-effective. In response to this issue, there subdivisions in an attempt to prevent
have been recent legislative proposals to unauthorized individuals from accessing
reimburse local units of government for private data. Adequate security measures are
military leave paid to public safety important, but they make compliance with
personnel. the MGDPA more difficult and costly.
Although the Legislature has made
Response: The League of Minnesota
compliance with the MGDPA a priority,
Cities supports state funding to ensure
funding for the Data Practices Office of the
that local units of government can
Department of Administration, the
maintain quality and cost-effective public
department charged with overseeing the
safety services in their communities and
MGDPA, does not reflect the increased need
for their taxpayers while also offering full
for local government assistance.
support for employees who are members
of the military. Such state funding could Cities continue to receive repetitive, overly
include reimbursement of costs incurred broad and far-reaching data requests that
to local units of government related to require significant staff time to locate
compensating personnel on military leave government records, redact private data or
as well as reimbursement for costs related data unrelated to the request, and assemble
to ensuring these temporary vacancies are documents to be provided in order to
adequately filled. comply with requirements to provide access
to public government data. Cities are
Data Practices
experiencing significant increases in wide-
ranging data requests, often utilizing specific
DP-1. Data Practices Compliance
word searches through multiple databases.
Costs
“Word search” requests typically result in a
Issue: The purpose of the Minnesota
voluminous quantity of data that must be
Government Data Practices Act (MGDPA)
reviewed and redacted, with significant staff
is to protect personal information from
cost. Because word searches retrieve even
indiscriminate disclosure while balancing
incidental references to the searched term,
the right of the public to know what the
the search results often contain a significant
government is doing. The Act also attempts
volume of data that has little informational
to balance these rights within a context of
value. If the requestor does not request
effective government operation. The League
copies, the search costs cannot be recovered
of Minnesota Cities supports the public
– even though the requestor dictated the
policy behind the MGDPA while
specifics of the search.
acknowledging that compliance with the law
Furthermore, in some situations, as with
imposes costs on local taxpayers. Smaller
overly broad data requests related to
cities struggle with limited staff and
“applicant” lists, staff time and costs are
resources while larger cities struggle with
significantly increased and not recoverable
larger complex databases. The MGDPA
for very limited public benefit. The MGDPA
must balance the right of residents to access
also limits the ability of cities to be
public data with the cost to municipalities of
reimbursed for responding to requests.
complying with certain types of data
requests.
Cities are limited to charging only 25-cents
per page for copies of police motor vehicle
Council Packet Page Number 307 of 430
J3, Attachment 2
incident reports, which does not cover the g) Amending the MGDPA to limit what
city cost for copying, while the is considered public applicant data to
Commissioner of Public Safety is exempt better balance the value of public data
from this restriction—thereby permitting the with the cost related to data practices
Department of Public Safety to continue to compliance.
charge $5 for incident reports that cities are
h) Allowing political subdivisions to
required to submit to the department.
charge the same amount for copies of
Response: As the cost of complying with motor vehicle incident reports issued
the MGDPA increases, the League by local police and fire departments as
supports: the commissioner of public safety.
a) Providing additional state funding to The League of Minnesota Cities opposes:
assist political subdivisions with
a) Further increasing the maximum
meeting the increasing complexity of
exemplary damages that courts may
managing government data.
impose against government entities,
b) Providing state funding for statewide including cities, found to have violated
data practices training. the MGDPA; further increasing the
maximum civil penalty that may be
c)Allowing political subdivisions to
imposed when a court order is issued
charge for the staff time that is
to compel a government entity to
required to comply with wide-ranging
comply with MGDPA; or any
data requests regardless of whether
statutory change that would make it a
copies of the data are requested or
mandatory civil penalty to compel
allowing political subdivisions to
compliance under the MGDPA.
charge for actual costs for collection of
data when the requestor makes his or b) Repealing of the administrative
her own copy of the data by taking a remedies provisions adopted by the
photo, bringing a copy device, etc. 2010 Legislature to address disputes
regarding MGDPA compliance issues.
d) Providing a mechanism that would
permit cities to challenge whether a
DP-2. Records Retention
data request is reasonable and made
Compliance Costs
in good faith.
Issue: The Official Records Act requires
e)Creating and funding an
government entities to “make and preserve
ombudsperson position in the Data
all records necessary to a full and accurate
Practices Office to determine
knowledge of their official activities.” In
reasonableness and proportionality of
accordance, cities must establish a records
data practices requests.
retention schedule, and maintain and destroy
official records according to this schedule.
f) Providing funding and authority to
There are rigorous requirements for any
the Data Practices Office to engage in
changes to a city’s records retention
the rulemaking process to establish
schedule, including getting approval from
standards and procedures related to
the statutorily-created Records Disposition
requests and responses to data
Panel, which strikes an appropriate balance
practices requests that impose
between the government entity’s decision-
significant burdens on government
making role in determining retention and
entities.
disposition of official records with the
Council Packet Page Number 308 of 430
J3, Attachment 2
public’s right to know the government Technology has exploded, and the type of
entity’s official activities. data collected by this new technology has
multiplied. In our current reality, the public
Response: As the cost of complying with
and government have been frustrated by
the records management laws increases,
how best to access government data. In
the League supports providing additional
Webster v. Hennepin County, 910 N.W. 2d
state funding to assist political
420 (Minn. 2018), the County was asked to
subdivisions with meeting the increasing
conduct a computer-aided search of all its
complexity of managing government
email accounts over multiple years for 20
records.
separate search terms related to biometrics
The League of Minnesota Cities opposes
and facial recognition. The Minnesota
changing the current record management
Supreme Court found that the County failed
requirements and statutory definitions. If
to establish procedures to ensure appropriate
changes are needed, subject matter
and prompt compliance with data requests
experts should make recommendations
but did not find that the County failed to
through the records retention schedule
keep its records in an arrangement and
process.
condition to make them easily accessible for
convenient use. The Court also did not
DP-3. Updating the Minnesota
address if a term search was a valid data
Government Data Practices Act
practices request or if a request could be
unduly burdensome. The lack of direction
Issue: The Minnesota Government Data
from the Court on these issues leaves a void.
Practices Act (MGDPA) was first enacted in
1979. Over 40 years later, times have
There are also other advances in technology
changed dramatically. In particular, there
that are not comprehensively addressed by
has been exponential change in technology.
the MGDPA. While the Legislature has
In 1979, cities were largely maintaining data
attempted to address technological
in paper form, computers had just become
advancements as they come, it has been in
viable for home users, word processing had
piecemeal ways.
just become a reality, the first point-and-
Response: The MGDPA should undergo a
shoot, autofocus camera came on the
comprehensive review periodically to
market, and the internet was still about a
address technological changes, and the
decade on the horizon.
Legislature should update the law to
While the MGDPA was originally drafted to
address those changes. Because the
be future thinking by contemplating the
MGDPA is a complicated area of law, the
various forms data could be held – including
Legislature should make changes based
the concept of storage media – the
on the recommendations from subject
legislators of the time could not have
matter experts from all levels of
imagined where technology would be today.
government and interested stakeholders,
For example, the originally-drafted MGDPA
including recommendations on what
made reference to photostatic,
constitutes reasonable data practices
microphotographic, or microfilmed records.
request and when a data practices request
Minn. Stat. § 13.03, subd. 1. The current law
is unduly burdensome.
still refers to these same mediums of data,
despite few cities maintaining data in this
manner.
Council Packet Page Number 309 of 430
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both financially and technologically
DP-4. Maintaining Government
challenging to achieve.
Data in Large Databases
The Legislature should address the
Issue: The Minnesota Department of
growing and costly impact on cities of
Administration Advisory Opinion 10-016
providing access to specific public data
issued in June 2010 maintains that the
housed in large electronic databases.
Minnesota Government Data Practices Act
(MGDPA) requirescities to keep records
DP-5. Sharing of Student Data with
containing public government data so that
Local Law Enforcement in
they can be easily accessible and convenient
Emergencies
to use, regardless of how they are kept.
Cities maintain that the application of this
Issue: Minn. Stat. § 13.32, subd. 3(l),
advisory opinion to large databases in which
defines education data as private data that
records are kept in an electronic format
must not be disclosed except to the juvenile
forces cities to risk the daily threat of
justice system in cases where information
allegations of noncompliance or leaves local
about the behavior of a student who poses a
government officials confused regarding
risk of harm is reasonably necessary to
how to apply the requirement for access to
protect the health or safety of the student or
data in circumstances where information
other individuals. In addition, the federal
technology is utilized to facilitate the
Family Education Rights & Privacy Act
management and organization of records
(FERPA) bars schools from disclosing
and information which often includes public,
information on student educational records
private, and nonpublic data within individual
that contains personally identifiable
data sets.
information without consent of a parent or
eligible student, with only limited
In addition, large databases today contain
exceptions.
different forms of data, including video,
audio, images, and social media. In
Minn. Stat. § 13.32 does not adequately
responding to data practices requests,
define who is responsible for making the
responsive data could be stored in multiple
determination that an emergency or risk of
data bases. Further, with the advent of
harm exists. As a result, school district
cloud-based information systems provided
officials have interpreted the statute in
by the private sector, newer databases are
conjunction with the restrictions in FERPA
not typically designed to be controlled by
to require that the determination be made
cities to easily separate public from non-
solely by school officials.
public data.
Local police officials are often frustrated in
Response: The state of current
their efforts to investigate allegations of
technology requires cities to maintain
criminal or other illegal activity when school
large databases that are designed to
officials refuse, under Minn. Stat. § 13.32,
provide secure data storage and
subd. 3(l), and FERPA, to provide
maintenance. Those databases are
information to follow up such complaints or
already burdensome and expensive for
to assist local police in solving crimes that
cities to maintain but are not available in
have already taken place.
a form in which public and private data
School boards are responsible to have
can be easily separated. Requiring cities
policies in place that require school officials
to design such databases to accommodate
to report a student who possesses an
extensive data requests under MGDPA is
Council Packet Page Number 310 of 430
J3, Attachment 2
unlawful firearm to law enforcement or the the initial period of recovery more difficult
juvenile justice system. But schools are not for victims but erodes the trust between
allowed to release the name of a student in victims and state and local government.
dangerous weapon reports involving use or
Response:The Legislature should amend
possession of such weapons that are made to
Minn. Stat. § 13.82 to allow law
the Minnesota Department of Education.
enforcement agencies to temporarily
Response: Minn. Stat. § 13.32 should be withhold the disclosure of data that
clarified to allow local law enforcement identifies victims and casualties and the
agencies to work with school officials to medical facilities to which they are taken
jointly make the determination that an if the agency reasonably determines that
emergency or risk of harm exists in order access to the data would cause emotional
to enable police enforcement actions to be harm to the individual or otherwise
taken in a timely manner, and to aid in impede the individual’s recovery. The
the investigation of possible crimes. Legislature should also amend Minn.
Stat. 13.82 to clearly and permanently
DP-6. Disclosure of Victim Data
prohibit the disclosure of traffic accident
victim identity, similar to the protections
Issue: Under the Minnesota Government
for crime victims.
Data Practices Act (MGDPA), the name and
address of a victim or casualty of an
DP-7. Challenges to the Accuracy of
accident or incident to which a law
Data
enforcement agency responds is public
government data. In addition, the name and
Issue: The Minnesota Government Data
location of the health care facility to which
Practices Act (MGDPA) allows the subject
victims or casualties are taken is public
of government data to challenge the
government data. The MGDPA allows a
accuracy or completeness of data maintained
victim or witness to prevent the disclosure
by the government entity. If the government
of public data unless the law enforcement
entity denies the challenge, the Act allows
agency determines that revealing the identity
the data subject to appeal that determination
will not threaten the victim or witness’s
through a contested case proceeding under
personal safety or property. However,
the Administrative Procedures Act (APA).
victims and their families can be traumatized
In the human resources context, a
by the events that caused their injuries, even
performance evaluation is a tool used to
when their safety or property is not
document and evaluate employee job
threatened. Publicly disclosing their
performance. Performance evaluations are
identities and the location where they are
not discipline; however, some jurisdictions
receiving medical care places a burden on
and some union contracts have appeal
families and victims who may be questioned
processes to challenge a performance
by reporters, solicited by lawyers, and
evaluation. Performance evaluations are
contacted by other members of the
normally conducted once a year.
community. While there are legitimate
public policy reasons to make this
The Minnesota Supreme Court has held that
information public, the MGDPA provides no
a public employee could use the MGDPA to
discretion for city officials and law
challenge the accuracy of certain
enforcement to temporarily withhold victim
information contained in the employee’s
data when releasing it is not in the best
performance evaluation. Schwanke v. Minn.
interest of the victims. This not only makes
Dept. of Admin., 851 N.W. 2d 591 (Minn.
Council Packet Page Number 311 of 430
J3, Attachment 2
2014). While the Court held that effectively use all available tools, including
“dissatisfaction with a subjective judgment technology, in a manner that balances
or opinion cannot support a challenge under privacy interests of individuals, transparency
the \[MGDPA\],” a data subject can still of their work, and costs related to these
challenge data that supports the subjective technologies. The Legislature has balanced
judgment. There is currently no limitation these concerns in the recent License Plate
on when a performance evaluation challenge Readers law and the Police-Worn Body
may be brought. Often there is no retention Camera law.
period for the underlying data because it is
License Plate Readers (LPRs) are an
rarely an official record. Furthermore, the
important tool that assist law enforcement
more time that passes, the less likely those
agencies in locating wanted individuals,
with the knowledge of a given performance
recover stolen vehicles, and many other
evaluation may be still employed by the city.
types of investigations. Nevertheless, the use
It is to everyone’s benefit to have the
of this technology raises legitimate privacy
challenge to accuracy of data conducted as
concerns. In 2015, the Legislature passed
soon as possible.
compromise legislation regulating the use of
Under Schwanke, an invalid challenge to a LPRs, the classification of LPR data, and the
subjective opinion can no longer be retention period for LPR data that struck a
dismissed by the Department of fair balance between the need for robust law
Administration; it can only be dismissed in a enforcement and individual privacy rights.
contested-case proceeding. In even a
Police-worn body cameras (or portable
frivolous challenge the data subject will
recording systems) provide invaluable
have the right to submit evidence and call
evidence when investigating crimes and
witnesses at taxpayer expense.
prosecuting criminals and strengthened trust
This right of review is in addition to any of residents in law enforcement by
union grievance process and can be increasing the accountability between peace
exercised by an employee before or after officers and the public. Different than other
such a grievance is undertaken. This process kinds of data, body camera data use involves
can result in conflicting decisions and has the unique complexities of the sensitive
the potential to create a heavy burden on all nature in its use in private homes as well as
levels of government and impose significant the sheer volume of data in daily use. In
costs on taxpayers. 2016, the Legislature contemplated all of
these issues and passed compromise
Response: In light of the Schwanke
legislation regulating use of body cameras,
decision, the Legislature should modify
classification of body camera data, retention
the data challenge provision of Minn.
period for body camera data, release of body
Stat. § 13.04, subd. 4, to balance the rights
camera data, audit requirements, and written
of data subjects to challenge the accuracy
policy requirements.
and completeness of data with the
administrative and financial burdens on The Legislature has recently engaged in
local governments and taxpayers. conversation about other types of law
enforcement technology, such as drones,
DP-8. Law Enforcement
facial recognition, etc.
Technologies
Response:Cities and/or law enforcement
Issue: To aid law enforcement in work, law
agencies should be allowed to decide
enforcement agencies need the flexibility to
whether to utilize technology and be given
Council Packet Page Number 312 of 430
J3, Attachment 2
the flexibility to decide how they are used about how law enforcement uses body-
in the field. camera technology, when the data should be
released, etc. Cities have found redaction for
a) The League supports the continued
private data and non-public data to be more
use of License Plate Readers under the
extensive than anticipated, particularly as
terms of the 2015 legislation and
data practices requests for body-camera data
opposes any furtherrestrictions on
have grown larger in scope and breadth and
their use or any reduction in the
the number of first responders, such as city
current 60-day retention period.
and county firefighters, paramedics, and
b) With emerging law enforcement
mental health professionals, responding to
technologies, the League supports a
calls has increased as well.
balanced approach to the values of
Response: The League supports the
privacy for individuals, transparency
continued use of police-worn body
of the work of law enforcement, and
cameras under the terms of the 2016
discretion to determine what
legislation. However, if the Legislature
technologies will be used, such as
makes changes to the body-worn camera
effective use of these technologies,
law, the League encourages the
functional accuracy, emerging law
Legislature to update the law by
enforcement needs, communities
adequately balancing the competing
served, and costs and benefits of
values of transparency of police work,
technology.
privacy interests of data subjects, and
DP-9. Body-Worn Cameras integrity of police investigations.
Issue: Police-worn body cameras (or
DP-10. Open Meeting Law
portable recording systems) provide
Issue: The purpose of the Open Meeting
invaluable evidence when investigating
Law generally requires that all meetings of
crimes and prosecuting criminals and
public bodies must be open to the public.
strengthen trust of residents in law
This presumption of openness serves three
enforcement by increasing the accountability
vital purposes: to prohibit actions from
between peace officers and the public.
being taken at secret meetings, to assure the
Different than other kinds of data, body-
public’s right to be fully informed, and to
camera data use involves the unique
afford the public an opportunity to present
complexities of the sensitive nature in its use
views to the public body.
in private homes as well as the sheer volume
of data in daily use. In 2016, the Legislature Technology has outpaced the Open Meeting
contemplated all of these issues and passed Law. Recent city response to COVID-19 has
compromise legislation regulating use of illustrated that remote participation for
body cameras, classification of body camera meetings can allow for meaningful
data, retention period for body camera data, interaction with the city and the public.
release of body camera data, audit While the legislature recently changed the
requirements, and written policy law to allow for greater participation by
requirements. interactive technology when a state of
emergency has been declared, this change
The longer body-camera technology is used
was for a limited amount of time. Cities are
in Minnesota, the more nuanced questions
in need of greater flexibility now to utilize
have become. For example, the Legislature
technology for meetings to protect the health
recently has engaged in more discussion
of elected officials, city staff, and the public.
Council Packet Page Number 313 of 430
J3, Attachment 2
Additionally, in order to expand the pool of doesn’t grant the same level of privacy for
qualified candidates that are eligible to serve the city council and prospective applicants.
in a public body subject to Open Meeting The statute should allow a governing body
Laws, cities need to keep pace with the to close a meeting to interview applicants
virtual world by having discretion to use for employment if there is a quorum present;
remote technology in the future. and, to allow a governing body to close a
meeting to discuss the terms of an
Response: The League of Minnesota
employment agreement to offer to a
Cities encourages the Legislature to
candidate to whom a job offer has been
authorize cities greater flexibility to allow
extended. This would be consistent with the
remote participation under the Open
existing authority for the governing body to
Meeting Law, while addressing the
close a meeting to discuss labor negotiations
public’s needs to be fully informed of city
strategy. Allowing a closed meeting so that a
decision-making and to have the
council can discuss the results of an
opportunity to present views to the public
interview process for a management-level
body.
position will allow council members to
The League opposes any change to the
express opinions or ask questions they may
Open Meeting Law that would expand
have concerns about discussing in a public
the award of attorney’s fees to
meeting and preserves the integrity of the
unintentional violations.
interview process of subsequent candidates.
The second concern with existing law is the
DP-11. Needed Closed Meeting
inability for public bodies to conduct
Exceptions to the Open Meeting
strategic negotiations. Current law allows
Law
the public body to close a meeting to discuss
Issue: The League of Minnesota Cities
the purchase or sale of property and labor
supports the Open Meeting Law and
negotiations but does not allow the public
recognizes the important role it plays in
body to close a meeting to discuss
maintaining the public trust and the
negotiation strategies for an agreement with
accountability of elected officials. The Open
private parties, non-profit organizations,
Meeting Law must, however, balance the
and/or public entities. The ability for public
need for public information and the need to
bodies to close meetings in these situations
protect privacy rights and certain negotiation
provides public bodies the opportunity to
strategies to protect the use of public
form strategies in the best financial interest
resources. Currently, there are seven
of the community, which is consistent with
exceptions to the open meeting laws that
the importance of negotiation regarding
authorize the closure of meeting to the
purchase or sale of property and labor
public. Under these exceptions, some
contracts. Further, the City may create
meetings may be closed at the discretion of
documents outlining the negotiation
the governing body and some must be
strategy, which should be protected for the
closed. Two challenges exist with current
same reasons as for closing the meeting.
law.
Such data should be protected during
negotiations of the contract until a contract
The first concern is the hiring process for
for the goods or services is signed or
management level positions. While existing
abandoned, which is similar to the
law allows a governing body to close a
protection allowed for request for proposals
meeting to evaluate the performance of an
under Minn. Stat. § 13.591.
individual subject to its authority, the statute
Council Packet Page Number 314 of 430
J3, Attachment 2
Response: The Legislature should amend
their fullest extent, it is also important to
the Open Meeting Law:protect the public’s right to see how
government works. Currently under the
a) To allow a governing body or a
interactive technology exception to the Open
committee created by a governing
Meeting Law in Minn. Stat. § 13D.02, subd.
body to close a meeting to interview
1, members of public bodies can remotely
candidates for management-level
participate in meetings if they meet certain
positions such as city manager,
requirements: (1) all members, wherever
administrator, clerk-treasurer, city
their physical location, can hear and see one
attorney, superintendent, or
another and can hear and see all discussion
department head, and to close a
and testimony presented; (2) members of the
meeting to evaluate and discuss the
public present at the regular meeting
candidates, and discuss salary and
location of the body can hear and see all
benefit negotiations.
discussion and testimony and all votes of the
b) To allow a governing body to close a
members of the body; (3) at least one
meeting to discuss negotiation
member of the public body is physically
strategies for proposed contracts
present at the regular meeting location; and
and/or agreements with private
(4) each location at which a member is
parties, non-profit organizations,
present is open and accessible to the public.
and/or public entities and keep that
The current law allows an exemption from
data private or nonpublic until the
this last requirement if a member (1) is in
contract is signed by the governing
the military and deployed or (2) has been
body or a decision is made to abandon
advised by a health care professional not to
a contract for those goods or services.
be in a public place for personal or family
medical reasons. The military and medical
Such closed meetings should follow the
exceptions may only be used three times per
same or similar procedures for
year.
conducting closed meetings currently
required under the Open Meeting Law.
On occasion, members of public bodies
want to remotely attend meetings, but when
DP-12. Remote Participation under
members have made their remote location
the Open Meeting Law
“open and accessible,” no city resident
shows up at the remote location. COVID-19
Issue: The League of Minnesota Cities
has taught us that remote participation can
supports the Open Meeting Law and
allow for meaningful remote participation
recognizes the important role it plays in
and public interaction. However, members
maintaining the public trust and the
of public bodies may want to fulfill their
accountability of elected officials. The Open
responsibility while traveling for work or
Meeting Law must, however, balance the
personal reasons. Removing the requirement
need for public information, the need to
for remote locations to be “open and
effectively run meetings, and the limitations
accessible to the public” still preserves the
it can place on the candidate pool for
public’s ability to hear and see all
positions on public bodies. City
discussion, testimony, and voting by all
councilmembers, along with advisory board
participating members while allowing
and commission members, from time to time
willing members to participate in city
want to remotely participate in meetings as
business and expanding the pool of qualified
may be needed. While cities want these
members to participate in city business to
Council Packet Page Number 315 of 430
J3, Attachment 2
candidates who would like to serve on a
FED-2. Flexible Spending Accounts
public body.
Issue:Health care costs are rising
Response: The Legislature should amend
dramatically, and employees and employers
the Open Meeting Law to allow city
need financial relief. Flexible spending
councilmembers and city
accounts provide some relief, but the current
board/commission members to
“use it or lose it” provision for medical
participate in meetings without making
spending discourages employees from
their remote location open and accessible
participating in this program. Though the
to the public as otherwise required under
IRS permits carryovers of up to $500,
Minn. Stat. § 13D.02, subd. 1. While the
employers that offer this option may not
Legislature amended the Open Meeting
offer the 2 ½ month grace period after the
Law to allow the medical exception to be
end of the plan year to incur eligible
used without the declaration of a state of
expenses. The Consolidated Appropriations
emergency, the Legislature should
Act (CAA) provided temporary relief,
remove the three-times-per-year cap for
allowing employers to permit employees to
the medical and military exceptions.
carry over all or some of their unused health
and/or dependent care FSA funds from a
Federal Employment Law
plan year ending in 2020 or 2021.
FED-1. Consolidated Omnibus
In addition, the $5,000 annual maximum
Budget Reconciliation Act
limit on dependent care accounts has not
(COBRA)
increased substantially since the program’s
inception in 1986 and childcare costs
Issue: The federal Consolidated Omnibus
continue to rise significantly. The American
Budget Reconciliation Act (COBRA) law,
Rescue Plan Act of 2021 (ARP) provided
which requires employers to offer continued
temporary relief, increasing the annual
health and dental insurance group benefits
maximum limit for dependent care to
after an employee terminates, has been
$10,500 for taxable years beginning after
interpreted to apply to Employee Assistance
December 31, 2020, and before January 1,
Programs (EAPs) which provide any form of
2022.
medical care, including short term
counseling for drug and alcohol addiction.
Response:The League of Minnesota
The application of COBRA to these
Cities supports legislation that would
programs results in unlikely and impractical
make permanent the changes in the CAA
outcomes and reduces the likelihood that
to allow employees to roll all unused
employers will make them available. Final
funds in a health or dependent care
regulations issued in 2014 exempt EAPs that
flexible spending account into the next
do not provide “significant benefits in the
plan year, or to allow unused funds to be
nature of medical care,” including EAPs that
contributed into a tax-qualified
provide short term drug and alcohol
retirement plan, or a 457 plan. The
counseling, from requirements of the Patient
League of Minnesota Cities also supports
Protection and Affordable Care Act (ACA).
making permanent the $10,500 maximum
limit for dependent care accounts, with a
Response: Congress should clarify that
cost-of-living inflationary increase each
EAPs which do not provide significant
year after the initial adjustment.
benefits in the nature of medical care are
not subject to COBRA.
Council Packet Page Number 316 of 430
J3, Attachment 2
collective bargaining rights for public sector
FED-3. IRS Regulations on Death
employees. While it appears Minnesota is
Benefits
likely to pass the tests set out by the bill,
Issue: Current IRS regulations do not allow
federal public sector lobbyists have
any type of death benefit to be included in a
expressed serious concern that the bill is
health reimbursement arrangement (HRA)
very much open to interpretation. In
or tax-free, account-based group health
addition, the bill directs the FLRA to
plans. If a participant of the HRA or
“consider and give weight, to the maximum
account-based group health plan dies, they
extent practicable, to the opinion of affected
cannot leave the remaining funds to a
employee organizations.”
designated beneficiary unless the beneficiary
Response:The League of Minnesota
is a spouse or dependent child who remains
Cities opposes the federal collective
enrolled in the HRA. Public sector HRAs
bargaining bill for public sector
are often treated as fully vested even when
employees. Public sector collective
unfunded. If the employee does not have a
bargaining should be left to the
spouse or dependent child, the funds revert
determination of each state.
to the employer (who may then credit the
balance among plan participants). A death
FED-5. Federal Health Care
benefit provision is an attractive feature for
Reform
many employee groups. In 2008, Section
Issue: Certain provisions of the Patient
105 of the Internal Revenue Code was
Protection and Affordable Care Act
amended, with a further amendment in 2015,
(commonly referred to as the federal health
to include limited exceptions to this general
care reform law or Affordable Care Act
rule but not all city plans meet the
(ACA)) are problematic for cities. These
requirements of these limited exceptions.
issues range from administratively difficult
Response: Congress should amend
to very costly. Tracking employee hours,
Section 105 of the Internal Revenue Code
particularly hours of seasonal and temporary
to allow all HRAs and account-based
employees and council members, is
health plans for both active employees
burdensome and requires significant
and retirees to include a provision that
administrative time and effort. Because most
allows the employee to designate
of these employees will not qualify for
beneficiaries other than spouses and
coverage under the ACA, the effort does not
dependents. Such beneficiaries should be
result in a worthwhile outcome. There are
able to, at a minimum, receive
also situations where employees who are
reimbursement for their medical expenses
currently working more than 30 hours per
from the inherited account.
week in a city will now be eligible for health
care coverage by that city, which will drive
FED-4. Federal Public Safety
up city costs significantly, particularly for
Collective Bargaining Bill
cities using the “duty crew” concept at fire
Issue: Congress is considering a bill that
stations to ensure adequate daytime
would require all states to establish
response. Finally, there are provisions which
collective bargaining procedures for all
require the city to offer coverage to full-time
public safety employees. The bill directs the
students who are already covered by their
Federal Labor Relations Authority (FLRA)
parents’ insurance and do not need the
to determine, state by state, whether it meets
coverage through the city, which results in
the bill’s requirements with regard to
wasted effort.
Council Packet Page Number 317 of 430
J3, Attachment 2
Response: The League of Minnesota amendment to Section 457(c) of the Internal
Cities supports the intent of the ACA to Revenue Code by the Economic Growth and
provide affordable health care coverage Tax Relief Reconciliation Act of 2001,
to all Minnesota residents. However, deferrals to a 457(b) plan are not
Congress should: coordinated with elective deferrals made to a
403(b) plan for purposes of complying with
a) Exempt (from the offer of coverage
the limit on pre-tax contributions to either
requirements) employees under age 26
plan. Both employee groups serve the public
who are covered by their parents’
and should be treated similarly under the
insurance;
Internal Revenue Code for purposes of tax-
b) Exempt (from the offer of coverage
deferred retirement savings plans.”
requirements) employees who work in
Response:Congress should amend
recreational facilities and programs
Section 403(b)(1)(A)(ii) of the Internal
owned and operated by governmental
Revenue Code to allow an employer that
entities; and
is a State, a political subdivision of a
c)Exempt elected officials from being
State, or an agency or instrumentality of a
counted as “employees” for the
State or political subdivision to establish a
purposes of the ACA.
403(b) plan for all of its employees,
regardless of whether they perform
FED-6. Amended Internal Revenue
services for an educational organization.
Code Regarding 403(b) Retirement
FED-7. Amended Internal Revenue
Plans
Code Regarding Health Savings
Issue: Section 403(b)(1)(A)(ii) of the
Account Eligibility and Medicare
Internal Revenue Code allows an employer
Enrollment
that is a State, a political subdivision of a
State, or an agency or instrumentality of a
Issue: Section 223(b)(7) of the Internal
State or a political subdivision of a State to
Revenue Code provides that the monthly
establish a 403(b) retirement plan for
limitation on contributions to a health
employees who perform services for
savings account (HSA) is zero starting with
educational organizations as described in
the first month in which an individual is
Section 170(b)(1)(A)(ii) of the Internal
entitled to Medicare benefits. A person
Revenue Code. This provision of the
becomes entitled to Medicare benefits when
Internal Revenue Code allows employees to
their Medicare coverage becomes effective.
defer substantially more income for
In many cases, Medicare coverage is
retirement savings than their city
effective on a retroactive basis. Specifically,
government employee counterparts. While
when an individual is required to submit an
government employees who do not perform
application for Medicare coverage, the
services for an educational organization may
Medicare coverage will be effective
participate in a 457(b) deferred
retroactively up to six months before the
compensation plan, they may not participate
month in which the application is filed
in a 403(b) retirement plan. Government
(depending on the date on which the
employees who perform services for an
individual first become eligible for Medicare
educational organization are able to
coverage) as described in 42 CFR §406.6(d).
participate in both a 403(b) plan and a
The IRS has indicated that the monthly
457(b) deferred compensation
limitation on HSA contributions included in
plan. Furthermore, as a result of the
Council Packet Page Number 318 of 430
J3, Attachment 2
Section 223(b)(7) applies during any
1094 and 1095 will no longer be permitted,
retroactive period of Medicare coverage. because they “have now been in place for
This rule is confusing to employees,
six years, and transitional relief is no longer
employers, and benefit administrators and appropriate.” This rationale does not reflect
may lead to unintended and unexpected tax the reality of turnover in the workforce and
consequences for employees and employers the often limited resources available to
who may not be aware at the time an HSA public employers for legal and tax
contribution is made that the monthly professionals. In 2023, penalties that may
limitation for that month will be zero if the be assessed against applicable large
employee applies for Medicare within the employers for good faith errors made on
following six months and the coverage is Form 1005-C are $290 per return furnished
effective retroactively under this rule. to the employee and $290 for the same
Furthermore, if an employer provides return filed with the IRS, for a potential total
contributions to an HSA as part of its benefit of $580 per return. If a city meets the
package, then the rule may limit the benefits Qualifying Offer Method or the 98% Offer
an active employee can receive from their Method, Form 1095-C gathers too much
employer. detail at too great a cost to employers. In
the public sector, the cost of this
Response: Congress should amend
administrative burden, along with the
Section 223(b)(7) of the Internal Revenue
potential for penalties due to the complexity,
Code to provide that the limitation on
is passed on to the communities they serve.
contributions to a health savings account
for any month with respect to any Response:The League of Minnesota
individual shall be zero for each month Cities supports the intent of the
beginning with the later of (i) the first Affordable Care Act (ACA) to provide
month in which such individual is entitled affordable health care coverage to all
to benefits under title XVIII of the Social Minnesota residents. But Congress (or
Security Act or (ii) the month in which the IRS) should:
such individual submits a valid
a) Allow applicable large employers in
application for benefits under title XVIII
the public sector who meet the
of the Social Security Act.
Qualifying Offer Method or the 98%
Offer Method to furnish and file
FED 8. Affordable Care Act
Forms 1095-B rather than Forms
Reporting
1095-C to all full-time employees and
Issue: Almost all Minnesota cities that are
other current and former employees;
Applicable Large Employers use the federal
b) Deem employees who receive
poverty line safe harbor and can state on
premium tax credits during months of
Line 23 of Form 1095-C that they meet the
non-coverage reported on Form 1095-
Qualifying Offer Method and/or the 98%
B to be not employed by the employer,
Offer Method. But they are still required to
in part-time status, or fall within
complete the entirety of Form 1095-C, and
limited non-assessment periods
in particular, the complex and time-
(employers would still be subject to
consuming code combinations in Lines 14
liability for failures determined on
and 16. The complexity of the form also
audit); and
increases the likelihood of error. In
December of 2021, the IRS announced that
c) Reinstate relief from penalties relating
the “good faith” defense for errors in Forms
to incorrect or incomplete filings for
Council Packet Page Number 319 of 430
J3, Attachment 2
public employers that make good faith
errors in completing these forms.
Council Packet Page Number 320 of 430
J3, Attachment 2
IMPROVING FISCAL FUTURES
limits do not facilitate prudent financial
FF-1. State-Local Fiscal Relations
planning and decisions. In addition,
Issue: Since the 1970s, services provided by
during a past state government shutdown
Minnesota cities have been largely funded
the Department of Revenue indicated that
through a combination of property taxes,
despite the standing LGA appropriation,
state aids, and state property tax relief
the shutdown of many state government
programs. This system of municipal finance
operations would prevent the distribution
has evolved to ensure that municipal
of the LGA.
services can be funded without excessive
Adequacy. The revenue sources available
local tax burdens.
to cities and the state must raise adequate
However, the state-local partnership
funds to meet city needs, to fund
vacillates with the state budget, challenging
mandates, and to maintain Minnesota’s
the ability of city officials to plan for the
long-term competitiveness.
future fiscal needs of their communities.
Flexibility. As cities become increasingly
Response: The League of Minnesota
diverse in their characteristics and as
Cities supports a strong state-local fiscal
existing aid and credit programs have
partnership. The state-local fiscal system,
eroded, a “one-size-fits-all” system that
and any future modifications, should be
limits all cities to the property tax as the
consistent with the following principles:
major, non-state aid revenue source is
increasingly unworkable. Some cities
Accountability. Cities believe a viable
have sufficient property tax base to
partnership with the state requires cities
sustain an adequate service level, but
and the state to communicate effectively
many do not. Cities should have greater
with each other and with the public about
access to other tax and revenue sources
their roles and responsibilities. Cities and
than currently permitted.
the state must also exercise sound
financial stewardship, including
Equity. All residents should receive
maximizing efficiencies in service delivery
adequate levels of municipal services at
and other means of cost containment
relatively similar levels of taxation. This
whenever possible.
means that the state should provide
financial assistance to cities that have
Certainty. Cities need to have more
high costs, including costs related to
certainty and predictability in all of their
overburden created by non-resident users
available revenue sources, including the
of city services, low fiscal capacity, or
property tax, the amount of funding they
both. State financial assistance should
receive from local government aid and
also reduce tax burden disparities among
similar programs and from other sources
communities and between cities and
of revenue. The past practice of
surrounding areas.
retroactive adjustments to local
government aid (LGA) and similar
programs, unallotments of the
appropriation and the imposition of levy
Council Packet Page Number 321 of 430
J3, Attachment 2
e)Must maintain detailed estimates of
FF-2. State Budget Stability
inflationary increases to expenditure
Issue: Legislative actions to address past
estimates in the state budget forecast;
state budget deficits have included
f) Should maintain a budget reserve as
permanent reductions in funding to local
recommended by Minnesota
units of government for programs such as
Management and Budget based on
local government aid as well as the full
their assessment of volatility in
elimination of programs such as the market
Minnesota’s revenue system defined in
value homestead credit. In addition, the
Minn. Stat. §16A.152, subd. 8 with a
Legislature has frequently relied on short-
minimum of a five percent reserve;
term solutions that have only shifted a large
share of the deficit problem into the next
g) Should modify the unallotment statute
biennium without permanently addressing
to place a reasonable statutory limit
the state budget problems.
on the percentage and timing of the
state’s budget that can be unallotted
The legislature has taken steps to reduce
during a biennium without legislative
state budget volatility. As required under
approval; and
Minn. Stat. § 16A.152, subd. 1, 33 percent
of any state general fund budget surplus
h) Must emphasize long-term budget
identified in the November state budget
solutions and budget stability and the
forecast must be directed to the state budget
continuation of both state and local
reserve until the account reaches a targeted
government operations.
level.
i) The League of Minnesota Cities
Response: To increase the stability of the
supports the principle of
state budget and avoid or reduce the
representative democracy and opposes
impact of future state budget deficits, the
limiting the Legislature’s flexibility in
Legislature:
making financial decisions through
new Constitutional amendments.
a) Must consider all budget stabilizing
options, including revenue increases,
FF-3. Funding Local Government
with a particular focus on changes
Aid
that improve the stability of the state's
revenue stream;
Issue: Local government aid (LGA) is an
important component in the state’s property
b) Must not further reduce funding for
tax relief system, and a critical tool to help
property tax relief programs to cities
equalize tax base to ensure needs for public
and taxpayers;
services can be met. To avoid undue
c) Must not accelerate the remittance of
pressure on the property tax, funding for
sales tax collections by retailers
LGA must keep pace with inflationary
including municipal liquor operations,
pressures.
and should make steps to reverse past
In past years, bills have been introduced that
accelerations;
would have created offsets to a city’s LGA
d) Must consider the aggregate impact
distribution if the city imposed a local sales
on Minnesota taxpayers of previous
tax, spent funds for activities related to
budget cuts and tax increases;
lobbying or a World’s Fair, or would have
reduced or eliminated LGA if the city
enacted ordinances to ban plastic bags,
Council Packet Page Number 322 of 430
J3, Attachment 2
impose certain local labor laws, ordinances, and seek special legislation to receive the
or policies that restrict city employees from withheld LGA, the growing regularity of the
enforcing immigration laws, unauthorized legislature’s failure to approve tax bills has
ordinances related to diversion programs. jeopardized the restoration of these
Such changes would have been a significant payments.
deviation from the practice of using the
Response: In order to reduce pressure on
formula to distribute LGA and could have
the property tax, and to equalize property
jeopardized the long-term stability of the
tax bases, the League of Minnesota Cities
program.
continues to support the LGA formula as
In 2023 the Legislature enacted changes to the appropriate mechanism to distribute
the Local Government Aid formula that LGA resources. In addition, the League
were recommended by the League of supports:
Minnesota Cities and other affiliate groups.
a) Regular increases in the LGA
These formula changes were coupled with
appropriation and review of the LGA
an $80 million increase in the appropriation.
formula
While the 2023 House omnibus tax bill
b) Restoring the annual inflation
included tying the appropriation to inflation
adjustment to the LGA program to
for future years, that proposal was not
move toward funding the total unmet
included in the final bill.
need of all cities.
In 2023, the Legislature included a one-time
c) Permanently accelerating of the
payment acceleration for payments made in
annual LGA payment schedule to
2025 only that distribute 9.402 percent of
assist cities with cash flow needs.
each city’s 2025 LGA by March 20, with a
second payment of 40.598 percent on July
d) Establishing an administrative
20 and a final payment of 50 percent on
procedure that would allow cities that
December 26. For 2026 and beyond, LGA
ultimately comply with financial
payments will again be made to cities in two
reporting requirements to receive
equal installments on July 20 and December
their withheld aid distributions.
26 each year.
The League opposes targeting reductions
In 2022, the House omnibus tax bill would
to specific cities or groups of cities as well
have dedicated a portion of future state
as reductions or offsets for local policy or
budget surpluses to phase-in an acceleration
expenditure decisions.
of the July 20 LGA distribution to March
The legislature should avoid creating
15. The current distribution occurs late in
side-pots or special appropriations
the city fiscal year and can create short-term
through the LGA (Minn. Stat. ch. 477A)
cash flow challenges for some cities.
program. If special circumstances such as
Current law (Minn. Stat. § 477A.017, subd.
a natural disaster warrant additional
3) prohibits the distribution of LGA and
state assistance to specific cities, the
Small Cities Assistance Account funding
criteria for the additional aid should be
(Minn. Stat. § 162.145) to cities that have
specifically enumerated and the
not complied with all financial reporting
appropriation should be separate and in
requirements to the Office of the State
addition to the appropriation through the
Auditor. Frequently, failure to comply is due
general LGA formula.
to factors outside the control of the city.
Although many cities subsequently comply
Council Packet Page Number 323 of 430
J3, Attachment 2
e) Report on outstanding obligations and
FF-4. State Charges for
the purpose for each issue filed with the
Administrative Services
county auditor (Minn. Stat. § 471.70);
Issue: Currently, some state agencies have
f) Publication of summary budget
wide discretion in setting the fees for special
statement (Minn. Stat. § 471.6965);
services they provide to local governments.
g) Publication of statement of liquor store
Response: State agencies should be
operations (Minn. Stat. § 477A.017);
required to justify their service fees or for
increases in existing service fees and not
h) Liquor store audited financial statements
charge more than what is fair, reasonable,
(Minn. Stat. § 471.6985);
and proportionate to the cost of service.
i) TIF district plan and amendments (Minn.
Agencies should give adequate notice of
Stat. § 469.175, subd. 4a);
increases to allow local governments to
j) TIF district annual disclosure (Minn.
budget for the increases. State agencies
Stat. § 469.175, subd. 5);
should set administrative service fees as
close as possible to the marginal cost of
k) TIF district annual financial report
providing the service. Local government
(Minn. Stat. § 469.175, subd. 6);
should be given the option to self-
l) Business subsidy reporting (Minn. Stat.
administer or contract with the private
§§ 116J.993-.995);
sector for the service if the state cannot
provide the service at a reasonable cost.
m) State required financial activity reports
(Minn. Stat. § 6.74);
FF-5. Reporting Requirements
n) Local improvement requirements (Minn.
Issue: Budget and financial reporting
Stat. § 429.031);
requirements imposed on cities by the state
often result in duplication and additional
o) Development and permit fees report
costs. In addition to the state mandated
(Minn. Stat. § 326B.145);
annual audits under Minn. Stat. §§ 471.697-
p) Utility annual financial statements
.698, cities are required to prepare and
(Minn. Stat. § 412.381);
submit or publish numerous other budget
q) Housing and redevelopment authority
and financial reports including but not
annual financial report (Minn. Stat. §
limited to:
469.013); and
a)Summary budget reports (Minn. Stat. §
r) Federal single audit or a program-
6.745);
specific audit (31 U.S.C. § 7502 (a)(1)).
b) Summary budget information for the
s)A temporary reporting requirement for
proposed budget, which is sent to the
the federal American Recovery Plan Act
county for the annual tax hearing process
distributions.
(Minn. Stat. § 275.065, subd. 3b);
Many cities have expanded the availability
c)Treasurers report to the city clerk (Minn.
of information on their web sites in response
Stat. § 412.141);
to resident requests and some cities have
d) Statement of tax collections and other
begun using new tools to assist residents in
income by clerk to the city council
understanding the city budget. Expanding
(Minn. Stat. § 471.69);
state mandated financial reporting
requirements could force cities to redirect
Council Packet Page Number 324 of 430
J3, Attachment 2
scarce resources to the state mandate and
provided within the city or are being
stifle innovative ways to communicate with provided at a lower level.
residents.
Similarly, in some areas, the county
Response: Requirements for reporting provides 9-1-1 dispatching services funded
and advertising financial and budget through the property tax that is spread across
information should be carefully weighed the county but the county may also require
to balance the need for information with cities to contribute to the 9-1-1 operations
the administrative costs of compiling and through the city budget and property tax
submitting this information. In addition, levy. As a result, city businesses and
the legislature should direct all state residents are effectively paying twice for
agencies to review existing local dispatch services—once through the county
government reporting mandates and levy and again through the city levy.
eliminate redundant or superfluous
Response: Where similar services are
requirements. To this point, the
provided by different levels of local
legislature should consolidate municipal
government, property tax levies for those
government financial reporting
services should only apply to those areas
requirements in the Office of State
receiving the service. Additionally,
Auditor, include an electronic submission
counties should be prohibited from
alternative to any remaining paper filing
requiring cities to contribute to services
requirements and authorize the use of
that are being funded through the county-
web publication where newspaper
wide property tax levy.
publication is currently required.
FF-7. Direct Property Tax Relief
Finally, the legislature must not increase
Programs
reporting burdens for local units of
government. Any new reporting
Issue: In 2013, the legislature expanded the
requirement should have a clearly defined
homeowner property tax refund (PTR)
statement of purpose and public need not
program and renamed it the Homestead
currently met with existing reports, a
Credit Refund program. As a direct taxpayer
sunset date to facilitate a future
relief program, the Homestead Credit
discussion of the usefulness of the
Refund avoids the problems with the former
requirement as well as full state funding
Market Value Homestead Credit system
for the costs associated with a new
where the state provided a credit on the
reporting mandate.
homeowner’s property tax statement but did
not always reimburse cities and counties for
FF-6. Taxation Duplication
the amount of the credit.
Issue: In Minnesota, local governments
Response: The League of Minnesota
occasionally provide residents and
Cities supports providing additional,
businesses similar types of services. For
direct property tax relief through an
example, counties maintain a sheriff’s office
expansion of the Homestead Credit
while in many cities, police services are
Refund program, the renters’ income tax
provided by the city to their residents and
credit, the targeting program or other
businesses. When the county levy for the
programs that provide property tax relief
sheriff’s operations is spread across the
directly from the state to taxpayers. In
county, city residents and businesses are
addition, the League supports the recent
being taxed for services that are not being
conversion of the renters credit to an
Council Packet Page Number 325 of 430
J3, Attachment 2
income tax credit using adjusted gross the motor vehicle sales tax on marked police
income rather than household income for vehicles or firefighting vehicles, other city
determining eligibility and would also vehicles are not exempt from the motor
support similar changes to the homestead vehicle sales tax.
credit refund and targeting program to
The 2021 legislature extended the sales tax
increase the accessibility of these
refund process under Minn. Stat. § 297A.71
programs and remove administrative
and Minn. Stat. § 297A.75 to contractor
hurdles in claiming them.
purchases of construction materials, supplies
The League opposes property tax credit and equipment incorporated into public
programs that reimburse local units of safety buildings for initial construction,
government for reduced tax burden such remodeling, expansion and improvements
as the former market value homestead for public safety facilities owned by local
credit system due to the fact that the units of government. The refund process
reimbursements to local units of also applies to materials used in related
government can be cut while the credit to facilities such as access roads, lighting,
the taxpayer remains on the property tax sidewalks and utility components.
statement. In addition, the League
Response:In order to ensure that
opposes reinstituting Limited Market
taxpayers receive the full benefit of the
Value, a program that reduces the taxable
local government sales tax exemption:
value of individual properties based on
a) The exemption should apply to all
assessor’s valuation increase or freezes in
purchases made by local units of
property valuations. Limited Market
government;
Value or a valuation freeze create
property tax shifts and tax burden
b) The process to receive the exemption
inequities between similar properties.
for construction materials used in
local government projects should be
FF-8. Sales Tax on Local
simplified or added to the refund
Government Purchases
process now available for local
Issue: The local government sales tax
government public safety facilities;
exemption enacted in 2013 and expanded in
and
2014 does not apply to all city purchases.
c) The exemption should be extended to
Some purchases for municipal enterprise
all local government purchases that
operations, such as liquor stores and golf
would otherwise be subject to the
courses are excluded from the exemption. In
motor vehicle sales tax in Minn. Stat.
addition, in order to receive the sales tax
ch. 297B.
exemption on construction materials under
current law, cities must bid labor and
FF-9. Taxation of Electronic
materials separately and also designate a
Commerce
contractor to be a purchasing agent on
Issue: The 2018 U.S. Supreme Court
behalf of the city. The existing Department
decision \[South Dakota v. Wayfair, Inc., 585
of Revenue rules (Minn. Rule 8130.1200,
U.S. ___ (2018)\] overturned two earlier
subp. 3) are complex and the
Supreme Court decisions \[Quill Corp. v.
implementation can be so complicated that it
North Dakota, 504 U.S. 298 (1992) and
can cost cities more money to implement
National Bellas Hess v. Department of
than they will save on the tax exemption.
Revenue, 386 U.S. 753 (1967)\] that had
Finally, although cities currently do not pay
Council Packet Page Number 326 of 430
J3, Attachment 2
prevented states from requiring retailers
the state for local units of government under
without a physical presence from collecting Minn. Stat. § 469.190, subd. 7, also clearly
state and local sales taxes on purchases
apply to services provided by these
made by state residents and businesses. accommodation intermediaries since these
taxes are required under Minn. Stat. §
A group of 23 states participating in the
270C.171 to use the definition for tax base
Streamlined Sales Tax Project have worked
contained in the general sales tax statute.
together for more than 18 years to simplify
the administration of state and local sales Since 2011, some accommodation
taxes and reduce the administrative burden intermediaries have not been collecting and
on retailers. The success of this project was remitting locally-administered lodging taxes
referenced in the Wayfair decision. based on the full cost of the accommodation
plus the accommodation intermediary
Despite the Supreme Court’s Wayfair
services. This presents an inequitable system
decision, new legal challenges could be filed
where these services are taxable for the
by remote retailers or Congress could
select few state administered local lodging
intervene to address remaining sales tax
taxes more typically located in larger
administration issues including the fact that
regional centers, but not locally
more than 20 states with sales taxes have not
administered local lodging taxes. There are
adopted the SSUTP standards.
currently over 120 cities and towns that
Response: Federal tax policy should not
individually or jointly impose lodging taxes
place main street businesses at a
for tourism purposes under Minn. Stat. §
competitive disadvantage to electronic
469.190. Another eight cities impose a
retailers, must not jeopardize repayment
lodging tax that is administered locally
of bonds backed by state and local sales
under special law. 14 city local lodging
tax revenues, and should ensure stability
taxes are currently administered by the state.
in state and local revenues. To address the
Response:The League of Minnesota
challenges created by the growth of
Cities supports legislation that will clarify
electronic commerce, the League of
that all lodging taxes, whether
Minnesota Cities continues to support the
administered by the state or administered
multi-state effort to develop a streamlined
locally, apply to the total charges to the
sales tax system.
customer, including charges for services
Should Congress intervene, the League
provided by accommodation
would support nation-wide sales tax
intermediaries.
administration standards based on the
FF-11. Taxation of Electric
model developed by the Streamlined Sales
Generation Personal Property
Tax Project. The League will oppose
Congressional efforts to reverse remote
Issue: Investor-owned utilities (IOUs) have
retailer collection requirements.
a longstanding relationship with Minnesota
cities. IOUs site baseload power plants in
FF-10. Local Lodging Taxes
host communities, and in exchange pay
Issue: In 2011, the legislature amended
personal property tax on attached generation
Minn. Stat. § 297A.61 to define
machinery to the cities, counties and school
accommodation intermediaries and clarified
districts hosting the plants. These plants
that their services are subject to the state
bring jobs to our communities, but they also
sales tax as part of the tax imposed on
create nuisances such as air pollution,
lodging. Local lodging taxes collected by
Council Packet Page Number 327 of 430
J3, Attachment 2
nuclear waste, noise, vibration, and coal
FF-12. Electric Generation
train traffic. They also create security risks
Taxation Reform
and take up land that could be used for
Issue: Currently, electric utilities are subject
other, less disruptive commercial and
to a personal property tax on personal
industrial development. Cities believe
property which is part of an electric
personal property taxes paid by IOUs are a
generating, transmission, or distribution
fair compensation for the environmental and
system. This tax has a number of
economic costs of hosting baseload power
exemptions and exclusions which make a
plants.
patchwork of taxation statewide. The
IOUs argue that personal property tax relief
Department of Revenue issued a report on
is important to pass along to their
February 15, 2015 which laid out the details
shareholders and ratepayers. However, only
of this tax system, stating, “The utility tax
a few IOU shareholders and ratepayers
base comprised of these energy producing
actually live in the communities hosting
facilities is not predictable. The
baseload power plants. Further, almost all
unpredictability is a result of law and rule
new power plants receive personal property
changes that determine the amount of utility
tax exemptions from the Legislature, while
tax base available for host communities.”
host communities with existing, non-exempt
Cities which host Investor-Owned Utility
baseload plants will continue to have them
base loadpower plants have faced
for decades to come.
unpredictability in tax base from both
Currently the taxation of electric generation
changes to state law regarding the personal
personal property represents the best method
property tax on electric generation
for reimbursing host communities for the
equipment and from changes in valuation
cost of hosting IOUs.
due to the upgrade/depreciation cycle of
equipment.
Response: Personal property taxes on
attached electric generation machinery
In the past, the Minnesota Legislature has
are a fair way to spread the
considered a reform to the system of taxing
environmental and economic costs of
electric generation, which would repeal the
electric generation power plants among
personal property tax and all of its
all IOU shareholders and ratepayers. The
exclusions and exemptions, and replace it
League of Minnesota Cities supports the
with new approaches to valuing utility
continuation of personal property taxes
property. More recently the Department of
paid by IOUs to host communities for
Revenue has reached out to discuss the
existing and new facilities or a tax system
possibility of a gross operating revenues tax
which generates equal or greater revenue
with local governments and other
for host communities. If the Department
stakeholders to replace the existing state
of Revenue or the Legislature chooses
assessed property system.
evaluate new methods of utility taxation,
Statutory changes to the system of electric
the League supports the inclusion of these
generation taxation should not adversely
environmental and economic costs in
affect host city tax revenues. Any proposal
assessing the appropriate property taxes
to change the system must include some
paid to host cities by electric generation
form of replacement aid which compensates
facilities.
cities for adverse effects due to changing
state law on electric generation taxation.
Council Packet Page Number 328 of 430
J3, Attachment 2
Moreover, utility company appeals of
have with some Minnesota cities, the
Department of Revenue valuations of utility possible retirement of these power plants
property can cause significant turmoil for
stands to have a significant disruptive effect
local governments, including property tax on these cities.
shifts onto residents and businesses and—in
Cities that host baseload power plants make
the case of a successful tax court challenge
significant investments to support those
by a utility—the possibility of being forced
plants, including infrastructure, public
to pay back taxes that have already been
safety, and disaster preparedness. To
collected and spent in prior years.
compensate for this, IOUs pay personal
Response: The personal property tax on property tax on electric generation
electric generation equipment as well as machinery. For some cities, these revenues
the exemptions, exclusions and sliding can account for over 50% of the city’s
scales to that tax represent a patchwork annual budget. Moreover, IOUs have other
of taxation rules statewide. Changes to significant direct and indirect impacts on
state law which replace the personal host communities. IOUs tend to employ
property tax on electric generation significant numbers of employees at
equipment with a tax base valuation baseload power plants. Those employees are
based on electric generation capacity, likely to live, work, attend school, and shop
production, nuclear storage, transmission, in and around the local community.
and distribution will benefit IOU host Therefore, the of the retirement of these
cities so long as the change comes with a plants would have significant negative
factor to increase the tax base valuation impacts on these communities.
over time and reimbursement to cities for
While the power that is generated at these
revenues lost due to a change in state law.
facilities goes to support the entire state of
Likewise, any changes to process by
Minnesota, the impacts of hosting these
which investor owned utilities appeal the
plants is felt most acutely in these local
valuation of their property should be
communities. In recent years, the State of
made with the goal of reducing negative
Minnesota has taken steps to support cities
impacts on local governments, and
facing these unique circumstances, including
increasing stability, predictability, and
the creation of the Community Energy
transparency.
Transition Grant Program under Minn. Stat.
§ 116J.551, and the creation of the Energy
FF-13. Support for Transitioning
Transition Office and Advisory Committee
Communities
under Minn. Stat. § 116J.5491 – 5493. In
Issue: Technological advancements and
2023 the legislature established an electric
market forces are rapidly changing the
generation transition aid under 477a.24 for
electric generation industry. Investor-owned
counties, cities, townships, and school
utilities (IOUs) in Minnesota are increasing
districts that lose tax base when an electric
the share of their electric generation
generation plant is retired. The initial aid
portfolios that are made up of renewable
amount is equal to the tax base lost due to
generation sources like wind and solar,
the retirement times the jurisdiction’s tax
while planning to decrease the share of
rate in the year prior to the tax base loss.
electric generation that is derived from
The aid is phased out over 20 years.
baseload power plants that produce energy
Response: The League of Minnesota
from coal or nuclear sources. Due to the
Cities recognizes that the energy
deep and longstanding relationship IOUs
Council Packet Page Number 329 of 430
J3, Attachment 2
landscape is rapidly changing and
Agency and the Minnesota Pollution Control
supports state policies to replace tax base Agency. The language and the purpose of
in communities facing the closure of a
these statutes have evolved through the
baseload power plant, as well as other years. When states first began adopting
policies or programs to help those these tax incentives in the 1960s, they hoped
communities replace their local tax base to encourage utilities, industrial plants, and
through economic development. The others to install pollution control equipment.
League of Minnesota Cities also support Gradually, as regulation increased, states
efforts by the state legislature and state adopted the exemptions to help companies
agencies to study, analyze, and design offset the cost of the equipment.
policy solutions to address the unique
This tax benefit erodes local tax bases. In
challenges these communities face.
2013, more than $1.8 billion of personal and
real property for electrical generation was
FF-14. Taxation of Municipal Bond
exempted from the market value of utilities.
Interest
The incentive value of this benefit is low
Issue: The federal and state laws that grant a
because utility companies are required to
tax exemption to bondholders for municipal
install the equipment anyway. In addition,
bond interest lowers borrowing costs for
these companies frequently recover the cost
cities and reduces property tax levies.
of the equipment through rate riders granted
Recent proposed Internal Revenue Service
by the Public Utilities Commission.
rules would potentially restrict some local
Allowing the pollution control equipment
government entities such as housing and
exemption places the cost of this equipment
redevelopment authorities, economic
on the residents of the host community,
development authorities and port authorities
rather than the purchasers of electricity.
from issuing tax exempt bonds.
Response:The pollution control
Response: Congress and the state should
exemption places an undue burden on
maintain the tax exemption for municipal
host communities without incentivizing
bond interest income. Congress should
the environmentally responsible behavior
also clarify the law to supersede proposed
that it was originally created to
IRS rules and thereby continue to allow
encourage. The League of Minnesota
housing and redevelopment authorities,
Cities supports narrowing or eliminating
economic development authorities and
the pollution control equipment
port authorities to issue tax exempt debt.
exemption for investor-owned electric
generation facilities. The League would
FF-15. Pollution Control
also support allowing utilities to continue
Exemption
to recover their costs relating to the
Issue: Minnesota grants electric utilities and
pollution control equipment by spreading
several other industries a property tax
those costs to electricity users.
exemption for personal and real property
FF-16. Representative Democracy
that is primarily used for pollution control.
and Local Control
Minnesota adopted the property tax
exemption that now extends to electrical
Issue:Local officials are elected to make
generation systems, agricultural operations,
decisions on behalf of their community,
and wastewater treatment facilities in 1967,
including important taxation and
before water and air pollution were heavily
expenditure decisions. At times, the
regulated by the Environmental Protection
Council Packet Page Number 330 of 430
J3, Attachment 2
legislature has enacted blunt tools such as decisions without state or other
levy limits to supersede the discretion of city restrictions.
councils. Levy limits replace local
FF-17. Tax Hearing and
accountability with a state judgment about
Notification Process
the appropriate level of local taxation and
local services. Additionally, state restrictions
Issue:Cities must set a preliminary levy by
on local budgets, ordinances and fees can
September 30, which is the levy used to
unnecessarily restrict the abilities of city
compute the parcel-specific property tax
councils to respond to local needs and also
notification forms. With only a few limited
have a negative effect on a city’s bond rating
exemptions (e.g., voter-approved levies,
due to the restriction on revenue flexibility.
levies for natural disasters and levies for
certain tort judgments), this preliminary
As city officials try to plan for future local
levy, by law, becomes the maximum that
needs, levy limits can be as much a floor as
cities can levy the following year. As a
a ceiling on local government levies as local
result, cities may be unable to budget for
officials try to anticipate future state actions
unforeseen needs that arise after September
by “levying to the limit” to preserve future
30.
levy authority.
Response: Cities should have the
Levy limits also fail to account for the
authority to increase the final levy from
decertification of tax increment financing
the preliminary levy with the approval of
districts. Upon decertification, the property
the commissioner of the Department of
taxes that were formerly collected and used
Revenue, to meet additional, unforeseen
to support the public improvements in the
and uncontrollable needs, including
TIF district can no longer be collected at the
arbitrator awards resulting from labor
same rate and used to support ongoing
negotiations, the impact of new and
general city operations.
existing federal or state mandates
Response: Local elected officials are
including administrative rules, or other
elected to make decisions about local
non-discretionary budget factors.
issues and concerns and act to meet
The tax hearing and notification law
community needs in the short-term and
should be carefully reviewed to assure
the long-term. City councilmembers and
that the legislative intent is reflected in
city mayors are elected to represent their
the statutes.
community in decision-making processes.
Those elected to serve are best suited to
Specifically, the League of Minnesota
make decisions closest to the people most
Cities supports the following:
closely affected. They make decisions
a) Modifying Minn. Stat. § 275.065 to
about their activities in their city which
clearly and fully exclude cities of
are reflective of their adopted municipal
population 500 and under from the
ordinances and annually adopted fee
budget and levy hearing
schedules. Local budgets, fees and
requirements;
ordinances are based on each particular
city’s own particular unique community
b) Reinstating the exception to the tax
needs, attributes and considerations. The
hearing and notification requirements
League of Minnesota Cities supports the
for cities with more than 500 residents
principle of representative democracy
with a proposed levy increase below
that allows local officials to make
the implicit price deflator (IPD); and
Council Packet Page Number 331 of 430
J3, Attachment 2
c)In order to assist local officials with property tax and state aid distributions.
the challenge of explaining legislative Measuring at this time, however, yields a
changes to the property tax system, picture of a high fund balance even though
legislators should attend and be the city will spend down these funds to cash
encouraged to participate in local flow the next five to six months of its
government budget hearings in their operations.
districts.
Response: The state should respect local
decisions on adequacy of local fund
FF-18. General Election
balances. The League of Minnesota Cities
Requirement for Ballot Questions
opposes any attempt to divert local
Issue: Under current state law, whencities
reserves to benefit the state budget or use
are required to seek voter approval on a
reserves as a rationale for state aid cuts or
ballot question or where statutes allow
property tax payment delays.
voters to petition for an election on a council
FF-20. Local Option Sales Tax and
action (reverse referendum), these referenda
City Revenue Diversification
can generally be held at a general or special
election. This flexibility allows cities to
Issue:Under current state law, the property
respond to local circumstances in a timely
tax is the only generally accessible form of
manner.
local tax revenue for cities. Allowing cities
Response: Cities should be allowed to to diversify their revenue stream would help
conduct elections on ballot questions at a prevent rapid additional future reliance on
date and time set by the city council and the property tax.
that complies with existing election
The basic public finance rationale for
notification statutes.
diversification of local tax systems is rooted
in the fact that economists generally agree
FF-19. City Fund Balances
that there is no perfect tax. Each tax has
Issue: As a component of a prudent
unique strengths and weaknesses and the
financial management plan, cities maintain a
more intensively any single tax type is used,
fund balance composed of cash flow funds,
the more obvious its shortcomings become.
savings for projects, and rainy-day reserves
For example, the property tax is generally
to maintain high level bond ratings and to
regarded as being very stable throughout the
minimize borrowing costs. Although the size
economic cycle and it is considered to be a
of a city’s fund balance should be
relatively easy tax to administer and enforce.
determined through local financial needs
However, when property tax burdens
and local preferences, some cities are being
become too high, there may be negative
criticized for maintaining “excessive”
consequences for other public policy
reserves. As the recent pandemic unfolded,
objectives such as business development and
there were calls to delay tax payments by
home ownership.
property owners, citing city fund balances as
In addition to avoiding the problems created
evidence that cities could absorb cash flow
by excessive reliance on any single tax, a
delays.
balanced and diversified revenue system for
The Office of the State Auditor (OSA)
Minnesota cities may create a more
report measures city fund balances on
favorable business climate and provide for
December 31, shortly after the city receives
greater stability of revenues to the recipient
its largest sources of revenue from the
Council Packet Page Number 332 of 430
J3, Attachment 2
government unit throughout the course of Response:Cities should be able to
the economic cycle. diversify their sources of revenues. The
League of Minnesota Cities continues to
Under Minn. Stat. § 297A.99, the
support a statutory change to generally
Legislature has created a set of local sales
allow a city to enact a local sales tax for
tax rules and a defined process by which
public improvements and capital
cities and other political subdivisions can
replacement costs, including but not
impose a general local option sales tax.
limited to those specified in the 2019
Although the statutory process requires the
legislation:
city council to adopt a resolution supporting
the local sales tax, the process continues to a) Convention or civic centers;
require the authorization of the local sales
b) Public libraries;
tax by the Legislature through the passage of
c) Parks, trails, and recreational
a special law before finally seeking voter
facilities;
approval at a general election.
d) Overpasses, arterial and collector
The 2019 requirement to have separate
roads, or bridges, on, adjacent to, or
ballot questions for each project has
connecting to a Minnesota state
challenged cities to draft ballot questions
highway;
that are clear to voters. Each question must
describe the project and the salestax that
e) Railroad overpasses or crossing safety
will support the proposed project however,
improvements;
the requirement could confuse voters that
f) Transportation infrastructure
each project would result in separate sales
improvements, including construction,
tax rate increases that would be cumulative.
repair of roadways, bridges and
Cities are also currently prohibited from
airports;
imposing a new sales tax for a period of
g) Flood control and protection;
one-year from the expiration of an existing
local sales tax under Minn. Stat. § 297A.99,
h) Water quality projects to address
subd. 3(d), which creates an administrative
groundwater and drinking water
challenge for retailers who collect the local
pollution problems;
sales taxes when local sales taxes blink off
i) Court facilities;
and then on again for a new project.
j) Fire, law enforcement, or public safety
City requests for sales tax authority continue
facilities; or
to increase. In 2019, the legislature granted
local sales tax authority to an additional 16
k) Municipal buildings.
cities and in 2021, an additional 16 cities
Local sales taxes would follow the process
were authorized to conduct a referendum to
outlined in Minn. Stat. § 297A.99 but
impose new or expanded local sales taxes. In
without the need for the approval by the
2023 the legislature authorized 32 cities for
Legislature and governor through the
either new local sales taxes or modifications
passage of special legislation.
to existing authority. Additionally, the 2023
The existing general law governing local
legislature created a two year moratorium on
sales (Minn. Stat. § 297A.99) should be
future consideration of any local sales tax
modified as follows:
authorizations and created a task force to
make recommendations on how these
requests should be handled moving forward.
Council Packet Page Number 333 of 430
J3, Attachment 2
a) The local referendum requirement Cities should also have general authority
under Minn. Stat. § 297A.99, subd. to create utilities, similar to the storm
3(a) should be clarified to allow the sewer utility authority, in order to fund
referendum to occur at any November local services where benefit or usage of
election, regardless of whether a city the service can be measured.
has candidates or questions on the
FF-21. City Franchise Authority
ballot or a special election.
Issue: Under Minn. Stat. ch. 216B and
b) The requirement for separate ballot
Minn. Stat. § 301B.01, a city may require a
questions for each proposed project
public utility furnishing gas or electric utility
under Minn. Stat. § 297A.99, subd.
services or occupying streets, highways or
3(a) should be clarified, possibly
other public property within a municipality
through changes to the structure of
to obtain a franchise to operate within the
the ballot, to avoid voter confusion.
community. In addition, cable system
Alternatively, the legislature should
operators are required to obtain a franchise
consider allowing a city the option of
under Minn. Stat. ch. 238.
combining projects into a single ballot
question.
Under a franchise, the city may require the
utility to pay a fee to the municipality to
c) The current prohibition on imposing a
raise revenue or to defray increased
new local sales tax for a period of one-
municipal costs, such as maintenance and
year from the expiration of an existing
reconstruction costs, accruing as a result of
local sales tax under Minn. Stat. §
utility operations, or both.
297A.99, subd. 3(d), creates
administrative challenges for retailers
State law currently allows the franchise fee
and should be repealed.
to be based upon gross operating revenues
or gross earnings of the utility from its
d) The general law outlining the local
operations in the municipality. In this
sales tax process or individual special
manner, all utility users within the
laws should allow a city the flexibility
municipality contribute to the public costs
to modify the ballot question to
associated with the utility operation. In the
increase the total amount of the sales
absence of franchise fees, municipal costs
tax collected and extend the duration
resulting from utility operations are
of tax to cover unanticipated project
currently being funded by property
cost increases.
taxpayers.
State law should also be modified to
Many cities also have policies related to
generally authorize any city to impose
utility company services and products that
other types of taxes such as a local payroll
could be supported under conditions of a
tax or an entertainment tax with the
franchise agreement, such as local
adoption of a supporting resolution by the
renewable energy and energy efficiency
city council and after approval by the
programs. Current statutes do not explicitly
voters at a general or special election.
provide city authority to include those types
In addition, Minn. Stat. § 469.190 should
of performance conditions in a franchise
amended to allow cities to impose up to a
agreement.
five percent local lodging tax and to allow
Under current law, cities are permitted to
cities to modify the uses of their local
engage residents when discussing a new or
lodging tax revenues to meet local needs.
renewed franchise fee arrangement in the
Council Packet Page Number 334 of 430
J3, Attachment 2
manner that best fits the community. A
appropriation will not provide assistance to
recent legislative proposal would have other recent tax court decisions.
added a prescriptive notification and reverse
Response:The state should establish a
referendum requirement to the process of
permanent program to provide financial
imposing or renewing a franchise agreement
compensation to all units of local
with a gas or an electric utility.
government for court ordered property
Response: Municipal authority to collect tax refunds where the state has
franchise fee revenues from utilities is an determined values.
important and equitable mechanism to
FF-23. Transition for Property
offset the costs of maintaining public
Acquired by Tax-Exempt Entities
right-of-way and to generate a return on
a publicly held asset. Municipal franchise
Issue: When an existing taxable property is
authority must be preserved and should
acquired by a tax-exempt entity other than a
be expanded to allow city policy priorities
city or a city development authority or
to be addressed through conditions in
otherwise becomes tax exempt and removed
franchise agreements that have the cost
from the tax base, the taxes formerly paid by
covered by local ratepayers, where
the property owner are shifted to other,
appropriate, and can be accomplished
remaining taxable properties within the
within the local franchise boundaries. The
jurisdiction. When the acquired property is a
League opposes adding a one-size-fits-all
large percentage of the tax base of a city or
notification requirement and a reverse
other local unit of government, the shift in
referendum procedure to the gas and
taxes can be substantial.
electric franchise fee process. In addition,
Response:The state should establish a
in situations where a local provider
program to provide financial
decides to sell their operations, the city
compensation to all units of local
must have the right of first refusal to
government for court ordered property
purchase the assets of the utility.
tax refunds where the state has
FF-22. State Assistance for
determined values.
Property Tax Refunds for State-
FF-24. Payments for Services to
Assessed Property
Tax-Exempt Property
Issue: State law requires certain property,
Issue: Taxable property in many cities is
including pipelines, railroad, utility property
being acquired by nonprofit and government
be assessed for property taxation purposes
entities. Converting the property to tax-
by the Minnesota Department of Revenue.
exempt status can lead to serious tax base
When companies challenge the valuation of
erosion without any corresponding reduction
these properties, local units of government
in the service needs created by the property.
may be required to refund excess taxes,
In 2013, legislation was introduced that
which in some cases, can create financial
would have broadly exempted non-profit
hardship for local units of government and
property from paying user fees or service
their taxpayers.
charges for any service funded in part with
In 2021, the legislature appropriated $29.4
property taxes over the previous five years.
million from the state’s general fund to
Under certain circumstances, this proposal
reimburse a pipeline company for the tax
could have potentially exempted non-profits
court judgment. However, this one-time
from paying for even utility charges.
Council Packet Page Number 335 of 430
J3, Attachment 2
Response: Cities should have the enforcement, marketing and promotion,
authority to collect payments from landscaping, and security. A SSD may be
statutorily-exempt property owners to established only by petition and the city
cover costs of service similar to the adopts an ordinance to establish it. Minn.
authority provided under the special Stat. §§ 428A.09-10 establishes procedures
assessment law. The League of Minnesota for the business owners in the SSD to veto
Cities opposes legislation that would or end the SSD. The 2013 legislature
exempt non-profits from paying for user extended the sunset for both tools for 15
fees and service charges that help fund years, making it set to expire on June 30,
services these organizations use.2028. In 2017, the House considered
legislation that was ultimately unsuccessful
FF-25. Housing Improvement
to repeal the general SSD authority for
Areas and Special Service Districts
cities. There are currently over 15 cities that
Petitioned by Business
have established SSDs around the state.
Issue: In 1996, cities were granted general
Additionally, in addressing the changing
authority under Minn. Stat. §§ 428A.11-.21
landscape of modern urban cores and the
to use Housing Improvement Areas (HIAs)
increase of multi-family properties in
in order to finance housing improvements
downtown areas, the 2023 legislature
for condominium and townhome complexes.
allowed qualified multi-family properties to
Several cities around the state have used this
be included in SSDs.
tool and found it to be a useful mechanism
As cities work to develop and/or redevelop
for maintaining older association homes.
commercial, industrial, and residential areas,
The 2013 Legislature also granted HIA
new ways of paying for and providing
authority to a county Community
increased levels of service should be
Development Authority (CDA). As part of
available to local entities. Use of Special
that authority, the CDA is required to gather
Service Districts in mixed-use development
local approval before creating an HIA.
is one tool that could be available for this
purpose.
In 1996, the Legislature also gave cities the
general authority to create Special Service
Response:The Legislature should give
Districts (SSDs) under Minn. Stat.
cities permanent authority to create HIAs
§§ 428A.01-.101. Cities around the state
and SSDs. The League of Minnesota
have used this tool to provide an increased
Cities supports the authority for cities to
level of service to commercial or industrial
work with multi-family properties and
areas, commonly in areas of retail
businesses to establish SSDs and opposes
concentration. SSDs are established at the
efforts to restrict general authority of the
request of local businesses, who ultimately
tool.
pay for and benefit from the increased level
If the Legislature grants multi-
of service. A SSD may be established
jurisdictional entities the authority to
anywhere in a city but only business
create HIAs, creation of an HIA must
property (i.e. commercial, industrial, utility,
require local approval.
or land zoned for commercial or industrial
use) will be subject to the service charge.
FF-26. Tax-Forfeited Properties
Some special services have included street
and Local Special Assessments
and sidewalk cleaning, snow and ice
Issue:Special assessments are a charge
removal, lighting, signage, parking, parking
authorized by the Legislature and state law,
Council Packet Page Number 336 of 430
J3, Attachment 2
imposed on properties for a particular
Although the tax forfeiture process is
improvement that benefits those selected controlled by the county, and counties have
properties. Cities follow complex, time-
a legitimate need to be reimbursed for
consuming statutory special assessment reasonable administrative costs, the city
procedures to specially assess the often has more at stake financially in terms
appropriate amount of the local of costs fronted to facilitate development
infrastructure improvements to those (e.g., assessments for public infrastructure
properties. and unpaid development or utility fees).
While the tax forfeit procedure provides a
If a property with validly attached special
process for the repayment of special
assessments goes into tax-forfeiture, the
assessments, it does not require the
county auditor cancels all of the local
repayment of unpaid utility charges or
special assessments due and remaining
unpaid building and development fees.
unpaid on each parcel, which is authorized
Further, due to large assessments that some
in Minn. Stat. § 282.07. Therefore, the city
cities are left with, it may not be practical to
loses the funds previously budgeted and
sell a tax-forfeited property subject to a
planned for to pay for the local
special assessment, and city taxpayers may
improvements. To underline this point, the
be forced to absorb the sunk costs of a
funds have already been expended and if not
project in order to sell the property.
collected, result in losses to the city.
State statutes governing the apportionment
When tax-forfeited land returns to private
of the proceeds from the sale of tax forfeit
ownership, and the parcel benefitted from an
property allow counties to first recover
improvement for which the city canceled
administrative costs related to the tax
special assessments because of the
forfeiture process before subsequent
forfeiture, the city may assess or reassess the
allocations are made for special assessments
parcel. But cities must go through the same
and hazardous waste cleanup associated
cumbersome notice and hearing procedures
with the property. State law is unclear
in order to re-attach the assessments.
whether the proceeds from a tax forfeiture
Response: The Legislature should remove
transaction should be used to reimburse the
cancellation of local special assessments
county only for the expenses associated with
from state law, allowing cities to receive
the transacted parcel, or if the proceeds can
the funding validly assessed and counted
be used to reimburse the county for
on to fund local infrastructure
administrative costs associated with other
improvements.
parcels that were not transacted. When the
latter allocation method is employed by a
FF-27. Distribution of Proceeds
county, the transaction proceeds can be
from the Sale of Tax-Forfeit
disproportionately applied to county
Property
administrative costs resulting in a lower
allocation of remaining proceeds to cover
Issue: When properties go into tax forfeiture
existing special assessments, hazardous
all levels of government lose tax revenue
waste cleanup costs and ultimately the final
that would otherwise support the services
allocation of residual tax forfeit sale
they provide. It is always in the best interest
proceeds to cities.
of taxpayers to return these properties to the
tax rolls as quickly as possible.
In addition, counties are allowed to use 30
percent of the amount remaining after the
deduction for administrative expenses and
Council Packet Page Number 337 of 430
J3, Attachment 2
the repayment of special assessments for or the costs for other parcels in the county
forest development projects and then 20 until the city is fairly reimbursed for
percent of any remaining proceeds for unpaid assessments and development
county parks and recreation projects. The costs of the transacted parcel.
structure of the distribution of the proceeds
Before the final distribution of any
frequently results in cities receiving a very
remaining proceeds from the sale of tax
small percentage of the initial forfeit sale
forfeited land are distributed to cities,
proceeds. As a result, cities may not recoup
counties, and school districts, Minn. Stat.
even a portion of the unpaid taxes or special
§ 282.08(4)(i) and (ii) give counties the
assessments owed on a property.
right to take up to half of those proceeds
In most cases, cities and counties work for county forest development and county
collaboratively to ensure that properties are park and recreation areas. The League
returned to the tax rolls quickly to benefit all also supports the elimination of these
taxpayers. However, when consensus is not separate statutory apportionments while
reached, the tax forfeiture statutes place allowing counties to use their designated
cities at a disadvantage and can 40 percent share of the remaining
disproportionately burden the taxpayers of proceeds for these uses.
the city in which the properties are located.
FF-28. State Hazard Mitigation and
Response: The League of Minnesota
Response Support
Cities believes the tax forfeiture statutes
Issue: Cities in Minnesota are exposed to
should be reviewed and amended as
extreme weather events such as winds,
necessary to ensure that the needs of city
flooding, fires, and drought and are facing
and county taxpayers are properly
the severe financial consequences of the
balanced. Specifically, the League
clean-up, repairs, and community social and
supports changes in the distribution of
economic recovery, even though damages
the proceeds from the sale of tax forfeit
may be deemed “not of such severity and
property contained in Minn. Stat. §
magnitude” as to qualify for federal
282.08 to elevate the priority for
assistance.
repayment of unpaid charges for
electricity, water and sewer charges
Response:The League of Minnesota
certified pursuant to Minn. Stat. §
Cities calls on our legislators and state
444.075 subd. 3(e), and any unpaid fees
executive agencies charged with hazard
prescribed pursuant to Minn. Stat. §
mitigation planning to address not only a
462.353 subd. 4(a), to require those
response to extreme weather events but to
unpaid charges and fees to be repaid
also put into place a proactive strategy to
immediately after unpaid special
minimize or mitigate the financial
assessments.
consequences. At a minimum, this effort
should offer a reasonable loan funding
The proceeds from the sale of a tax
program that is easily accessible by cities,
forfeited parcel should be used to pay the
businesses and homeowners to financially
assessments and administrative and
recover and rebuild, with the ultimate
development costs for the transacted
goal of preserving jobs, industries, and
parcel. Minn. Stat. § 282.09 should be
communities.
amended to prevent the proceeds from
the sales of a tax forfeited parcel to be
The state response should allow for the
used to pay excessive administrative costs
use of new technology and best
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management practices for any MOE may include dollars provided directly
reconstruction of infrastructure to lessen to the regional library system or operating
the impact of future disasters and to dollars provided to support building costs
mitigate the effects of disasters resulting (i.e. city-provided maintenance services).
from future extreme weather events.
In the metropolitan area, the seven county
library systems and one city library system
FF-29. Library Funding
belong to the Metropolitan Library Services
Issue: State law requires that local
Agency (MELSA), the metro area regional
governments maintain a minimum level of
library system. Most of the cities that
funding for public library services. This is
operate libraries independently from their
collectively known as “state-certified levels
county library system belong to MELSA as
of library support,” or more commonly
affiliates of their county library system. The
known as, “maintenance of effort (MOE)”
funding of libraries in MELSA may be from
and is described in Minn. Stat. § 134.34.
a county levy, a city levy, a city library fund
from the general city levy or a combination.
A majority of public libraries in Minnesota
belong a regional library system, which is
Most libraries not only serve city residents,
the entity that receives library funding from
but also serve people that reside outside of
the Minnesota Department of Education. Six
city limits who, in some cases, are not fully
of the 12 regional library systems are
contributing to the upkeep, maintenance or
structured as a federated system where the
operations of the library through property
individual libraries or library systems
tax levies. While counties do contribute to
operate autonomously from the regional
municipal libraries, this support falls well
library system but they can utilize certain
short of the per capita amounts contributed
services such as inter-library loan
by city residents.
distribution, digital card cataloging, which
City officials support libraries and believe
capitalize on economies of effort from
that a system of equitably funded libraries is
partnering with the other libraries in the
needed. One approach that has been
regional system. The MOE for any city that
previously approved by the Legislature is
taxes separately for library services is now
providing for funding through regional tax
set at 90% of the amount established in 2011
levies designated as “library districts.” A
(see Minn. Stat. § 275.761). In 2011, it was
district would have the authority to levy for
calculated using a formula that included
public library services in lieu of their
payments made in the form of the library
member cities and counties. Under Minn.
employee salaries, payments toward
Stat. § 134.201, the Great River Regional
operating the facility, purchasing materials
Library System and the East Central
from the library, and other operating costs,
Regional Library System already have
adjusted net tax capacity, and several other
authority to create “library districts.”
factors. The other half of the state’s public
library systems are consolidated systems,
Some cities also contribute a supplemental
where the regional library system runs the
amount of funding separate from MOE
libraries through a joint powers agreement
requirements, usually to pay for building
with counties and participating cities. The
maintenance costs. When the state calculates
regional library system has a board and hires
the required MOE for each local unit of
the director. A city that participates in the
government, local building costs are
regional system will have an MOE
included in city MOE requirements and all
(calculated as described above). The city
monies cities contribute to a library
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building, except capital, are taken into
easements that are deemed appropriate for
account. The MOE requirement is a mandate park, library, trail, and green spaces.
on cities that does not allow for local
Response: The state should amend the tax
decision making. However, it provides a
laws to provide tax incentives for
stable source of funding to protect the
property owners who sell land and
investment in library resources and services
easements to local units of government
around the state. There are some groups that
when the land is to be used for park,
are advocating for a restoration of the MOE
library, trail or green space purposes.
to levels at least as high as the 2010 level.
FF-31. Increasing Safe School Levy
Response: The League of Minnesota
Authority
Cities supports sufficient, stable and
equitable funding for local libraries to
Issue: Strong partnerships between schools
allow for local budget decision making.
and local law enforcement are critical to
school safety. Police School Resource
The League supports changes to the
Officers (SROs) are valued professionals in
library maintenance of effort by the
school communities and provide support,
Legislature as follows:
safety and security for students, staff and the
a) The required annual payment should
public. Further, SROs can provide regular
reflect the amount the city itself pays
opportunities for informal, positive
toward maintenance, upkeep, and
interactions between students and police
capital improvements to the library in
personnel.
that year.
Under Minn. Stat. § 126C.44, the Safe
b) If the MOE reduction in Minn. Stat. §
Schools Levy allows school districts to levy
275.761 is restored to a level at least as
for costs associated with student and staff
high as the 2010 level, it should be
safety based on student enrollment numbers.
phased in over three years.
Some eligible expenses include police
liaison services; drug abuse prevention
c)Any relief provided to the county
programs; gang resistance education
MOE requirement should not result in
training; school security; crime prevention;
additional funding requirements to
and implementation of student and staff
cities.
safety measures.
The League also supports the creation of
Using Safe Schools Levy authority, local
general authority for library systems to
school boards may raise additional resources
create library taxing districts and the
for school safety and security. Almost every
authority for municipal libraries to
Minnesota school district currently levies
charge non-residents for membership
the full amount of $36 per pupil. This
and/or other services without the loss of
amount does not cover the full cost of
any State or Federal aids.
providing this important service, and local
FF-30. Park and Library Land Tax
law enforcement agencies are not being fully
Break
compensated for providing SROs.
Issue: As the price for land increases, it is
Response:The League supports
becoming more difficult for cities and other
increasing the maximum Safe Schools
local units of government to compete with
Levy from $36 per pupil up to $60 per
developers to save and secure land and
pupil to ensure schools and communities
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are able to continue providing safe street reconstruction or bituminous overlays
schools programming. without voter approval. The two-thirds
council approval requirement is further
FF-32. Equitable Funding of
subject to a reverse referendum process
Community Education Services
whereby a number equal to five percent of
those voting in the last municipal general
Issue: Under Minn. Stat. § 124D.20, school
election can petition for a referendum to
districts are authorized to levy for
approve the issuance of the bonds.
community education programs that can
include youth recreational activities.
Response:Street maintenance is one of
However, state statute limits the total
the essential functions of cities in
amount of revenue that can be raised by the
Minnesota. The laws governing issuance
school district to fund community education
of bonds to maintain streets should be
programs and this limit has not been
amended to allow the approval of the
sufficiently increased in recent years. In
bonds by a simple majority of the council.
many instances, cities participate in the
The existing reverse referendum process
funding of these programs and with the
assures that taxpayers could trigger a
statutory limit on the amount school districts
referendum on the issuance of bonds if
can levy, the increased cost of these
they can meet the five percent petition
programs is increasingly falling on cities and
threshold.
their property taxpayers. In areas where the
FF-34. Special Assessment Election
school district is significantly larger than the
Requirements
city, the burden of funding these programs is
falling disproportionately on city taxpayers
Issue:City Councils are best situated to
while the programs benefit the entire school
recognize the need to replace infrastructure
district. In 2023 the legislature increased the
and when to schedule the replacement
basic community education revenue
projects. Cities are often only able to carry
allowance from $5.42 per capita to $6.35 per
out these and other vital improvements by
capita beginning in fiscal year 2025.
issuing bonds and assessing some amount of
Response:The League of Minnesota the cost to property owners.
Cities supports a periodic increase in the
Issuing bonds to finance most local
community education revenue
improvement projects requires a special
authorization for school districts.
election unless the city can legally collect at
Increasing the amount of the community
least 20% of the project costs through
service revenue available to school
special assessments. As a legal limit, cities
districts would provide a steady source of
cannot collect special assessments from any
revenue, which would be assessed against
property greater than the increase in fair
all properties in the school district, not
market value bestowed to that property by
just against properties in the city.
the improvement (the "special benefit test").
On occasion, the increase in property values
FF-33. Street Reconstruction Bond
as a result of the improvement can fail to
Approval
add up to the 20% threshold necessary to
Issue: Under Minnesota law, financing the
finance projects without requiring a special
maintenance of streets can be a challenge for
election.
city councils. Minn. Stat. § 475.58 subd. 3b,
Response: In order to facilitate the
authorizes a city council, by two-thirds vote,
financing of public infrastructure
to approve the issuance of bonds to finance
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projects, the threshold for requiring voter
FF-36. State Fund for Non-weather-
approval for issuance of improvement
related Disaster/Catastrophe Relief
bonds under Minn. Stat. 429.091 should
Issue: Municipalities and other
be reduced to 15 percent. This change
governmental units are at risk of
would provide more flexibility for cities
experiencing disastrous events affecting
with their
their communities beyond natural disasters,
construction/bonding/assessment
whether from civil disturbances, industrial
decisions and may be more likely to
catastrophes, or other disastrous events.
survive a challenge while still providing
Such events may result in unbudgeted and
value to the property owner.
unfunded costs related to clean-up, repairs,
FF-35. Homestead Market Value
“social” and economic recovery,
Exclusion
infrastructure restoration, rebuilding
structures, and other damage repair which
Issue: In 2011, the legislature repealed the
may not be qualify for relief from Federal
existing homestead market value credit
resources. While some limited State
program and replaced it with a new
resources may be available, cities do not
Homestead Market Value exclusion (Minn.
have the resources to respond to such
Stat. § 273.13, subd. 35). Recent trends in
disasters.
residential home values significantly
reduced the value of the exclusion for many Response: The League of Minnesota
homeowners. According to the Minnesota Cities supports the creation of a state
Association of Realtors, in 2011, the median fund to assist local communities in repair
sales price of homes in Minnesota, was and response to these disastrous events
$135,000, which received an exclusion of with the ultimate goal of preserving jobs,
$25,090 or nearly 19 percent of the total industries, and communities.
value of the home. In 2023, the median sales
FF-37. Park Dedication
price was $355,000, which received an
exclusion of $5,290, or just 1.5 percent of
Issue:For decades, Minnesota cities have
the total value of the home. In response to
been permitted in Minnesota Law Chapter
these rising home values, in 2023 the
462 to adopt ordinances that require a
legislature modified the exclusion to equal
reasonable portion of land be dedicated to
40% of the first $95,000 of market value.
the public, or to impose a dedication fee on
For homesteads valued between $95,000 and
new housing units and new commercial and
$517,200, the exclusion equals $38,000
industrial development in a city for parks.
minus 9% of the value over $95,000.
As a result, cities across the state have been
Homesteads valued at $517,200 or more are
able to create parkland that provides
not eligible to receive the exclusion.
intrinsic environmental, aesthetic, and
recreation benefits to cities and their
Response: The League of Minnesota
residents, which enhances property values,
Cities supports periodic modifications to
increases municipal revenue, and supports
the homestead market value exclusion
local economic development. However,
program to increase the benefit of the
current law only permits cities aside from
exclusion to qualifying homeowners.
Minneapolis and St. Paul to collect parkland
Changes to the homestead market value
dedication only on subdivided land, which
exclusion should be considered in concert
prohibits a city from collecting park
with the impact of the homestead credit
dedication or fees for redevelopment of
refund program
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existing parcels that does not require There are specific situations in which city
subdivision of the property, but still personnel can solicit contributions. Under
generates need and impact for city parks. Minn. Stat. § 465.90, firefighters are
Cities with built out environments are authorized to solicit charitable contributions
particularly disadvantaged as new residential from motorists for a charitable organization.
units are added via redevelopment or infill Under Minn. Stat. § 471.198, a city may
development without the ability for cities to authorize officials and staff to solicit
assess a fee or land dedication for the new contributions for the purposes of funding
residential units despite the increased National Night Out or any event or purpose
demand for parks and green spaces from the that the governing body determines will
new residential units. foster positive relationships between law
enforcement and the community.
Response: The legislature should preserve
existing city authority to require Many cities desire the ability to fundraise
parkland dedication and park dedication for equipment for firefighter and EMS
fees and amend Minn. Stat. § 462.358 to services, libraries, or special projects such as
allow all cities the option to require a parks and trails. Authorizing cities to more
reasonable portion of land or park broadly solicit and accept charitable
dedication fee on new housing units and donations for projects in which there is
new commercial and industrial broad community support would allow the
development without the requirement funding for desired projects without
that land be subdivided. requiring an increase in property taxes or
seeking a local option sales tax.
FF-38. Fundraising Authority
Response: The League of Minnesota
Issue: Recent years have seen an increase in
Cities supports amending Minn. Stat. §
cities looking to find ways to accept
471 to authorize cities to solicit charitable
donations for specific projects that
donations for the purpose of projects that
community members, non-profit
have generated community interest such
organizations, or businesses have interest in.
as parks, trails, community events, and
Though there is authority for cities to accept
community centers or resources needed
gifts under Minn. Stat. § 465.04, an opinion
for city services.
from the Office of the State Auditor has
stated that cities lack the authority to
fundraise.
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AssociationofMetropolitanMunicipalities
Phone:(651)215-4000
Website:www.MetroCitiesMN.org Fax:(651)281-1299@MetroCitiesMN
Ms.PatriciaNaumanMr.MikeLundMs.AniaMcDonnellMs.JenniferDorn
ExecutiveDirectorGov’tRelationsSpecialistGov’tRelationsSpecialistOfficeManager
(651)215-4002(651)215-4003(651)215-4001(651)215-4004
Patricia@MetroCitiesMN.orgMichael@MetroCitiesMN.orgAnia@MetroCitesMN.orgJennifer@MetroCitiesMN.org
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TABLE OF CONTENTS
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IftheStateAuditoristoexercise
rulemakingauthority,theadministrativepowertodoso must begrantedexplicitlyby
theLegislature.Theauditenforcementprocessdoesnot createa levelplayingfieldfor
citiestochallengetheAuditor’sinterpretationof statutes.TheLegislatureshould
providea processthroughwhichtoresolve disputes overTIF policy that is fair to all
parties;
ClarifytheuseofTIFwhena saleoccurs aftertheclosing ofa district;
Revisethesubstandardbuildingtesttosimplify,resolve ambiguitiesandreduce
continued threat of litigation; and
AmendTIFstatutestoaddress,throughextendingdistrictsorothermechanisms,
shortfallsrelated to declining market values.
HED-15EMINENTDOMAIN
Significant statutory restrictions on the use of eminent domain have resulted in higher
public costs fortraditionalpublic use projectslikestreets, parks, and sewers, andhave
all but restricted the use of eminent domain for redevelopment to cases of extreme
blight or contamination.
Theproperoperationandlong-termeconomicvitalityofourcitiesisdependentonthe
ability of a city, its citizens, and its businesses to continually reinvest and reinvent.
Reinvestmentandreinventionstrategiescanoccasionallyconflictwiththeprioritiesof
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
domainlawstoallowlocalgovernmentstoaddressredevelopmentproblemsbefore
those conditions become financially impossible to address.
Specifically,MetroCitiessupports:
Clarifyingcontaminationstandards;
Developingdifferentstandardsforredevelopmenttoincludeobsoletestructuresor
to reflect the deterioration conditions that currently exist in the metropolitan area;
Allowingforthe assembly ofmultipleparcelsforredevelopmentprojects;
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2024 MunicipalRevenues Committee Members
NameTitleOrganization
AllenGraeme CouncilmemberNewBrighton
MichelleBasham EconomicDevelopment&HousingDirectorBrooklynPark
DanielBuchholtz CityAdministratorSpringLakePark
AmeliaCruver FinanceDirectorSt.LouisPark
JimDickinson CityAdministratorAndover
LoriEconomy-ChiefFinancialOfficerBloomington
Scholler
GregEvansky CouncilmemberVictoria
InderiaFalana GovernmentRelationsRepresentativeMinneapolis
RyanGarcia CityAdministratorSouthSt.Paul
LaToniaGreen FinanceDirectorBrooklynPark
KellyGrinnell FinanceDirectorChanhassen
*DanaHardie CityManagerVictoria
ChrisHeineman CityAdministratorLittleCanada
LaurieHokkanen CityManagerChanhassen
MikeHuang CouncilmemberChaska
StevenHuser GovernmentRelationsRepresentativeMinneapolis
**BethJohnston IGRRepresentativeLeagueofMNCities
TomLawell CityAdministratorAppleValley
**DanielLightfoot IGRRepresentativeLeagueofMNCities
KristiLuger CityManagerExcelsior
DevinMassopust CityManagerNewBrighton
MadelineMitchell SeniorBudgetAnalystSt.Paul
DarinNelson FinanceDirectorMinnetonka
JustinOlsen CouncilmemberCottageGrove
LorenOlson SeniorGovernmentRelationsRepresentativeMinneapolis
**HannahPallmeyer GovernmentAffairsLiaisonMetropolitanCouncil
EricPetersen IGRDirectorSt.Paul
JenniferRhode DeputyCityManagerBurnsville
GillianRosenquist CouncilmemberGoldenValley
MichaelSable CityManagerMaplewood
CaraSchulz CouncilmemberBurnsville
StevenStahmer CityAdministratorRogers
KatieTopinka IGRDirectorMinneapolis
ChristinaVolkers CityAdministratorOakdale
BradWiersum MayorMinnetonka
**OwenWirth IGRRepresentativeLeagueofMNCities
NyleZikmund CityAdministratorMoundsView
*CommitteeChair**Guest/Non-CityOfficial
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NameTitleOrganization
Kristin Asher Public Works DirectorRichfield
Michelle Basham Economic Development & Housing DirectorBrooklyn Park
Josh Berg CouncilmemberElkoNewMarket
Kissy Coakley CouncilmemberMinnetonka
Marc Culver City EngineerBrooklyn Park
Inderia Falana GovernmentRelationsRepresentativeMinneapolis
Jesse Farrell City Engineer Oakdale
**Anne Finn IGRDirectorLeagueofMNCities
Tom Fischer MayorLittle Canada
Thomas Fletcher MayorGreenwood
Gary Hansen CouncilmemberEagan
Sean Hayford CouncilmemberRichfield
Oleary
Debra Heiser Engineering DirectorSt. Louis Park
Steven Huser GovernmentRelationsRepresentativeMinneapolis
**Craig Johnson IGR Representative League of MN Cities
**Beth Johnston IGR RepresentativeLeague of MN Cities
Dan Kealey CouncilmemberBurnsville
Brad Larson City Administrator Savage
**Daniel Lightfoot IGR RepresentativeLeague of MN Cities
Brent Mareck City ManagerCarver
Amáda Márquez MayorColumbia Heights
Simula
Mary McComber MayorOakParkHeights
Hugo McPhee Deputy City ManagerBurnsville
Justin Miller City AdministratorLakeville
Alyssa Nelson Assistant City ManagerVictoria
Heidi Nelson CityAdministratorMapleGrove
Loren Olson Senior GovernmentRelationsRepresentativeMinneapolis
**Hannah Pallmeyer Government Affairs LiaisonMetropolitan Council
Chelsea Petersen Assistant City AdministratorShakopee
Eric Petersen IGR DirectorSt. Paul
NickPeterson City EngineerSt. Paul
Mark Ray Public Works DirectorBurnsville
Andy Reiff CouncilmemberVictoria
Dan Ruiz PublicWorksDirectorBrooklynPark
Dave Shoger PublicWorksDirectorVictoria
*Michael Thompson Public Works Director Plymouth
Katie Topinka IGR DirectorMinneapolis
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**Owen Wirth IGR RepresentativeLeague of MN Cities
Patrick Trudgeon City ManagerRoseville
Wally Wysopal CityManagerFridley
Nyle Zikmund CityAdministratorMoundsView
*Committee Chair**Guest/Non-City Official
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2024Housing & EconomicDevelopmentCommitteeMembers
BrettAngell CommunityDevelopmentDirectorRogers
KarenBarton CommunityDevelopmentDirectorSt.LouisPark
MichelleBasham EconomicDevelopment &HousingDirectorBrooklynPark
TimBenetti CommunityDevelopmentDirectorAppleValley
JoshBerg CouncilmemberElkoNew Market
KimBerggren CommunityDevelopmentDirectorBloomington
JennBrewington Community&EconomicDevelopmentDirectorVictoria
KirtBriggs MayorPriorLake
Connie Buesgens CouncilmemberColumbiaHeights
*HeatherButkowski CityAdministratorLauderdale
AaronChirpich City ManagerColumbiaHeights
Kissy Coakley CouncilmemberMinnetonka
JeffreyDahl City ManagerWayzata
RyanEvanson CouncilmemberFridley
InderiaFalana GovernmentRelationsRepresentativeMinneapolis
MitchellForney CommunityDevelopmentDirectorColumbiaHeights
JamesFritts Housing&EconomicDevelopmentCoordinatorWoodbury
RyanGarcia CityAdministratorSouthSt.Paul
AndrewGitzlaff CommunityDevelopmentDirectorOakdale
TomGoodwin CouncilmemberAppleValley
BenGozola Asst.DirectorofCommunityAssetsandDevelopmentNewBrighton
DerekGunderson CouncilmemberVictoria
JaniceGundlach CommunityDevelopmentDirectorRoseville
MauriceHarris CouncilmemberGoldenValley
StephanieHawkinson AffordableHousingDevelopmentManagerandPlanningEdina
ChrisHeineman CityAdministratorLittleCanada
StevenHuser GovernmentRelationsRepresentativeMinneapolis
CherylJacobson CityAdministratorMendotaHeights
RachelJames CouncilmemberColumbiaHeights
MarvinJohnson MayorIndependence
DanielLightfoot**IGRRepresentativeLeagueofMNCities
DebMcMillan MayorVictoria
LorenOlson SeniorGovernmentRelationsRepresentativeMinneapolis
**HannahPallmeyer GovernmentAffairsLiaisonMetropolitanCouncil
DanetteParr CommunityDevelopmentDirectorMaplewood
EricPetersen IGRDirectorSt. Paul
JuliePointner CouncilmemberPlymouth
RebeccaSchack CouncilmemberMinnetonka
CaraSchulz CouncilmemberBurnsville
EricSearles Asst.CommunityDevelopmentDirectorWoodbury
AlexSharpe Planner&EconomicDevelopmentSpecialistAppleValley
TracyShimek Housing&EconomicDevelopmentCoordinatorWhiteBearLake
Council Packet Page Number 428 of 430
J3, Attachment 3
LoriSommers SeniorPlannerPlymouth
MikeSupina CouncilmemberEagan
JeffThomson CommunityDevelopmentDirectorBurnsville
KatieTopinka IGRDirectorMinneapolis
JulieUrban Housing& Redevelopment ManagerRichfield
JasonWedel City ManagerPriorLake
KimberlyWilburn CouncilmemberMinnetonka
**OwenWirth IGRRepresentativeLeagueofMNCities
JulieWischnack CommunityDevelopmentDirectorMinnetonka
*CommitteeChair **Guest/Non-CityOfficial
Council Packet Page Number 429 of 430
J3, Attachment 3
2024 Metropolitan Agencies Committee Members
NameTitleOrganization
KristyBarnett CouncilmemberMapleGrove
JoshBerg CouncilmemberElkoNewMarket
DebCalvert CouncilmemberMinnetonka
MachealCollins CityClerkBurnsville
MarcCulver CityEngineerBrooklynPark
JimDickinson CityAdministratorAndover
InderiaFalana GovernmentRelationsRepresentativeMinneapolis
ThomasFletcher MayorGreenwood
MikeFunk CityManagerMinnetonka
*GaryHansen CouncilmemberEagan
DanaHardie CityManagerVictoria
StevenHuser GovernmentRelationsRepresentativeMinneapolis
CherylJacobson CityAdministratorMendotaHeights
**BethJohnston IGRRepresentativeLeagueofMNCities
ElizabethKautz MayorBurnsville
GreggLindberg CityManagerBurnsville
AmádaMárquez
MayorColumbiaHeights
Simula
DebMcMillan MayorVictoria
HugoMcPhee DeputyCityManagerBurnsville
AlyssaNelson AssistantCityManagerVictoria
LorenOlson SeniorGovernmentRelationsRepresentativeMinneapolis
**HannahPallmeyer GovernmentAffairsLiaisonMetropolitanCouncil
EricPetersen IGRDirectorSt.Paul
PaulaRamaley CouncilmemberMinnetonka
JayStroebel CityManagerBrooklynPark
KatieTopinka IGRDirectorMinneapolis
**OwenWirth IGRRepresentativeLeagueofMNCities
NyleZikmund CityAdministratorMoundsView
*CommitteeChair**Guest/Non-CityOfficial
Council Packet Page Number 430 of 430